After War Ends: A Philosophical Perspective
Cambridge University Press, 4/19/2012
EAN 9781107603622, ISBN10: 1107603625
Paperback, 260 pages, 22.6 x 15.2 x 1.4 cm
Language: English
There is extensive discussion in current Just War literature about the normative principles which should govern the initiation of war (jus ad bellum) and also the conduct of war (jus in bello), but this is the first book to treat the important and difficult issue of justice after the end of war. Larry May examines the normative principles which should govern post-war practices such as reparations, restitution, reconciliation, retribution, rebuilding, proportionality and the Responsibility to Protect. He discusses the emerging international law literature on transitional justice and the problem of moving from a position of war and possible mass atrocity to a position of peace and reconciliation. He questions the Just War tradition, arguing that contingent pacifism is most in keeping with normative principles after war ends. His discussion is richly illustrated with contemporary examples and will be of interest to students of political and legal philosophy, law and military studies.
1. Introduction
normative principles of jus post bellum
Part I. Retribution
2. Grotius, sovereignty, and the indictment of Al Bashir
3. Transitional justice and the Just War tradition
4. War crimes trials during and after war
Part II. Reconciliation
5. Reconciliation of warring parties
6. Reconciliation and the rule of law
7. Conflicting responsibilities to protect human rights
Part III. Rebuilding
8. Responsibility to rebuild and collective responsibility
9. Responsibility to rebuild as a limitation on initiating war
Part IV. Restitution and Reparation
10. Restitution and restoration in jus post bellum
11. A Grotian account of reparations
Part V. Proportionality and the End of War
12. Proportionality and the fog of war.
'After War Ends is a landmark text in the ethics of war that will form the starting point for debate on the issues of justice after war for many years to come. May's trademark synthesis of moral, legal and social argumentation is here deployed to superb effect. Essential reading for anyone seeking to make sense of recent military experience and map a better course for the future.' David Rodin, University of Oxford
'With this, his third book on Just War Theory, Professor May makes a massive contribution to our thinking about war's aftermath. The area of jus post bellum has not, until now, received the serious philosophical attention it deserves. May's lucid, comprehensive and fair account is sure to become the standard work in the field.' Nir Eisikovits, Suffolk University, Boston
'… fills a lacuna in the just war literature … Recommended …' S. D. Lake, Choice
'A timely and important reminder of the need for ethical guidance to govern practices after wars end.' David Fisher, International Affairs