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Arthur Ripstein's lectures focus on the two bodies of rules governing war: the jus ad bellum, which regulates resort to armed force, and the jus in bello, which sets forth rules governing the conduct of armed force and applies equally to all parties. Ripstein argues that recognizing both sets of rules as distinctive prohibitions, rather than as permissions, can reconcile the supposed tension between them. He contends that the law and morality of war are in fact aligned, because the central wrong of war is that war is the condition which force decides. In his first lecture, "Rules for Wrongdoers," he explains how moral principles governing an activity apply even to those who are not permitted to engage in them. In his second lecture, "Combatants and Civilians," he develops a parallel account of the distinction between combatants and civilians. The volume includes an introduction by editor Saira Mohamed and subsequent essays by commentators Oona A. Hathaway, Christopher Kutz, and Jeff McMahan. Rules for Wrongdoers represents a major statement on the ethics of war by one of the most distinguished thinkers in the field.
278 kr
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A clarion call to recognize soldiers’ rights, arguing that volunteering to fight and die for one’s country does not mean consenting to exploitation in the process.American leaders endlessly profess their admiration for military service members. But these effusive declarations hardly comport with reality. Soldiers receive shoddy equipment and inadequate medical care; they are ordered to commit crimes and deployed to illegal wars. Such treatment is rarely recognized for what it is: a violation of the duty owed to soldiers by their government. When American service members are injured or killed during training, for example, they and their families are barred from suing the military for negligence or malfeasance. And when the torture of detainees at Abu Ghraib came to light, the subsequent proceedings focused just on low-ranking perpetrators. The psychological harm done to the soldiers themselves by commanders who ordered them to commit torture in the first place went unacknowledged.Examining statutes, treaties, court cases, and congressional hearings, Saira Mohamed shows how the law encourages the treatment of soldiers as mere instruments, to be used and abused however the government wishes. She also unearths overlooked laws that point in the other direction, suggesting the possibility of robust protections for service members. Paradoxically, these get ignored in part because of the popular adulation of the military—the vision of service members as heroes who selflessly endure unlimited sacrifice. The all-volunteer nature of the force also promotes the misguided notion that soldiers have willingly accepted whatever mistreatment they might endure.What a Country Owes Its Soldiers shows how laws and mindsets can change, enabling genuine respect for soldiers’ humanity. Acknowledging their rights can transform our understanding of those who fight America’s wars, and of American warmaking itself.