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Edward asked:
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"Can there be laws of war?"
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I think this can be interpreted in two ways. It could mean, "Are there any patterns in war?" Or, "Should
there be guidelines dictating both whether it is valid to enter a war and how a war should be waged?"
I have chosen to assume it is asking the latter. This is what I have done so far:
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I have dipped into Thomas Nagel's Mortal Questions which has a fascinating essay on War. Whilst
listening to BBC Radio 4's 'Today' Programme, I heard that a philosopher called 'Grontius' had some
thoughts on this although I have not been able to find out what he wrote. Would Aquinas be relevant?
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I might start with a synopsis of how wars begin (with the help of A.J.P. Taylor's How Wars Begin).
This would bring me on to the point that they begin from a breakdown of diplomacy or of laws. Thus it
would seem ridiculous to suggest that laws can dictate whether a war should be and how it should be
waged.
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The next paragraphs would discuss the different standpoints: absolutist and utilitarian. I would need
to back them up with original and convincing historical examples. I could bring in the Christian
standpoint on war and the criteria that would need to be fulfilled for it to be valid.
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Any source suggestions, ideas, comments on structure would be greatly appreciated.
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============
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Just a couple of suggestions. Grontius was the originator of the idea of a just war (briefly, he claims a
just war must be fought in a just cause, and fought using just means). Well worth chasing down.
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I don't see that it is ridiculous to say that there can be laws of war, just because the war is caused by
the breakdown of laws. There can be different sets of laws for different purposes. We are familiar with
this idea. If, for an individual, the laws of society break down, we can put them in jail where different
laws apply. Or (probably more convincingly) if civil law breaks down, the army can impose martial
law. So we can have a set of laws that govern peacetime, but which are replaced with the Rules of
War when war breaks out.
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Tim Sprod
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