History of Just and Unjust Wars

Question 1

Augustine considered what?

Answer 1

Father of the just war tradition in the 4th century.

Question 2

Augustine used what analogy to show that force can be good:

Answer 2

Disciplining a boy and caressing him - child molester.

Question 3

Significance of the statement “God judges the soul”

Answer 3

Intention is more important than action. Opens the door for Christians to do things forbidden by scripture.

Question 4

The appropriate motive in all cases is according to Augustine:

Answer 4

Love

Question 5

Doing something with what intent is good according to Augustine?

Answer 5

From love of God

Question 6

Augustine wrote what? why?

Answer 6

City of God - to respond to critics saying Christian pacifism will harm the empire. Just war theory a compromise with Christian ethics introduced by Constantine. Roman Empire in decline - need to fight.

Question 7

Augustine said there is no what to kill?

Answer 7

Private right to kill

Question 8

Augustine said that you can only kill with:

Answer 8

a command from God or by a legitimate ruler who carries out God’s will in restraining evil.

Question 9

Augustine says if you obey God’s command to kill, what happens?

Answer 9

You do not actually kill, you act as God’s instrument. Thus you don’t break God’s commandment not to kill.

Question 10

According to Augustine, without God’s command, how can you go to war?

Answer 10

War can only be waged by a legitimate authority with a just cause.

Question 11

What was a just cause according to Augustine?

Answer 11

He did not specify, so he was interpreted narrowly (avert or avenge violation of rights) and broadly (offense against God’s moral order)

Question 12

Augustine’s Three principles

Answer 12

1. There must be a just cause
2. Wars must be carried out by a legitimate authority
3. The final objective must be peace. (War is an instrument of peace)

Question 13

Francisco de Vitoria general lifetime

Answer 13

1400s-1500s

Question 14

Book Vitoria Wrote

Answer 14

Readings on the Indians and on the Law of War.

Question 15

Readings on the Indians and on the Laws of War did what?

Answer 15

Defended the rights of indigenous peoples and summarized the key principles of international law.

Question 16

Where did Vitoria get his arguments from?

Answer 16

He drew his arguments from scripture and reason.

Question 17

Vitoria’s four questions:

Answer 17

1. Do the spanish have the rights to the lands of the Americas?
2. What were their obligations in their interactions with the natives?
3. What are the obligations that states have in their interactions with each other?
4. Under what circumstances may a state justly go to war?

Question 18

Vitoria’s State’s rights include

Answer 18

territorial integrity and sovereignty (no higher authority than the state)

Question 19

What establishes state’s rights to territorial integrity and sovereignty?

Answer 19

the international society of independent states.

Question 20

Why did the Spanish have no business taking over Indian Land?

Answer 20

Each state has the same rights as any other, and has the obligation to respect the rights of other states.

Question 21

Why did Vitoria argue that the deliberate slaughter of innocents is never lawful?

Answer 21

Against natural law. It is never the innocent that did the wrong that triggers a war.

Question 22

Vitoria said a soldier should do what?

Answer 22

Should not participate in a war that he believes is unjust.

Question 23

Hugo Grotius rough time period

Answer 23

1500s to 1600s

Question 24

Hugo Grotius context

Answer 24

30 years war, emergence of nation states, fragmentation of the Christian Church

Question 25

Grotius was critical of what?

Answer 25

the Christian justification for war.

Question 26

Hugo Grotius is known as

Answer 26

One of the founders for international law.

Question 27

Why did Grotius develop his theory?

Answer 27

To justify Dutch Colonialism and justify the use of force against the Portuguese, who were obstructing the Dutch.

Question 28

Grotius called for what type of freedom?

Answer 28

Freedom of the seas - anyone should be able to freely use the seas. you can’t own the seas.

Question 29

How many nautical miles do countries currently own?

Answer 29

200 nautical miles

Question 30

Grotius most interested in defending what?

Answer 30

The natural right to property

Question 31

Natural right to property

Answer 31

According to Locke and Grotius, barren territory with no sovereign authority can be acquired. Excluded non-Europeans.

Question 32

Grotius believed that the relations between states should be governed by what?

Answer 32

Universal laws and moral principles like the relations between people.

Question 33

Grotius helped form which concept?

Answer 33

The concept of international society - will of all nations.

Question 34

Grotius said that the law of nations is based almost entirely on what?

Answer 34

consent - treaties

Question 35

What forms the basis of natural law?

Answer 35

It is not self-preservation, but life in society, that forms the basis for natural law - take a bullet for someone you love.

Question 36

Grotius on self-defense:

Answer 36

people and states do not have the absolute right to self-defense - cannot harm innocent people.