A Jurisprudence of the Problem of War
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Author(s)
Primary Supervisor
McVeigh, Shaun
Hudson, Wayne
Year published
2005
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The thesis focuses upon what might be termed 'war's moral problem.' The problem relates to an aporetic relation between a transcendental position of morality and the phenomenon of war. In general terms the problem refers to the situation where, on the one hand, a 'particular conception of morality' condemns war, yet, on the other hand, morality is forced to legitimate particular wars in the attempt to overcome the condition of war. This can be understood as a jurisprudential question that comes to Anglo-European jurisprudence through a long tradition(s) of natural law.The thesis focuses upon what might be termed 'war's moral problem.' The problem relates to an aporetic relation between a transcendental position of morality and the phenomenon of war. In general terms the problem refers to the situation where, on the one hand, a 'particular conception of morality' condemns war, yet, on the other hand, morality is forced to legitimate particular wars in the attempt to overcome the condition of war. This can be understood as a jurisprudential question that comes to Anglo-European jurisprudence through a long tradition(s) of natural law.
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Thesis Type
Thesis (PhD Doctorate)
Degree Program
Doctor of Philosophy (PhD)
School
Griffith Law School
Copyright Statement
The author owns the copyright in this thesis, unless stated otherwise.
Item Access Status
Public
Note
This thesis has been scanned.
Subject
Natural law
European jurisprudence
Legality of war
Morality of war