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Jus Post Bellum
''Jus post bellum'' ( ; Latin for "Justice after war") is a concept that deals with the morality of the termination phase of war, including the responsibility to rebuild. The idea has some historical pedigree as a concept in just war theory. In modern times, it has been developed by a number of just war theorists and international lawyers. However, the concept means different things to the contributors in each field. For lawyers, the concept is much less clearly defined, and many have rejected the usefulness of the concept altogether. The concept continues to attract scholarly interest in the field of international humanitarian law. Background The Canadian philosopher Brian Orend is usually considered the initiator of the debate. He argued that just war theory was incomplete in dealing only with the morality of using force (''jus ad bellum'') and the morality of conduct during war (''jus in bello''). He cited Immanuel Kant as the first to consider a three-pronged approach to the ...
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Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the Roman Republic it became the dominant language in the Italian region and subsequently throughout the Roman Empire. Even after the fall of Western Rome, Latin remained the common language of international communication, science, scholarship and academia in Europe until well into the 18th century, when other regional vernaculars (including its own descendants, the Romance languages) supplanted it in common academic and political usage, and it eventually became a dead language in the modern linguistic definition. Latin is a highly inflected language, with three distinct genders (masculine, feminine, and neuter), six or seven noun cases (nominative, accusative, genitive, dative, ablative, and vocative), five declensions, four verb conjuga ...
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Brian Orend
Brian Orend is the Director of International Studies and a professor of Philosophy at the University of Waterloo in Waterloo, Ontario. Orend's works focus on just war theory and human rights. He is best known for his discussions of ''jus post bellum'' (justice after war), which deals with the termination phase of war. Works * ''War and International Justice: A Kantian Perspective'' (Wilfrid Laurier University Press, 2000) * ''Michael Walzer on War and Justice'' (McGill-Queen's University Press, 2001) * ''Human Rights: Concept and Context'' (Broadview Press, 2002) * ''The Morality of War'' (Broadview Press, June 2006) * "War", ''The Stanford Encyclopedia of Philosophy'' (Online: Fall 2008 Edition) See also * List of University of Waterloo people The University of Waterloo, located in Waterloo, Ontario, Canada, is a comprehensive public university that was founded in 1957 by Drs. Gerry Hagey and Ira G. Needles. It has grown into an institution of more than 42,000 students, fa ...
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Jus Ad Bellum
' ( or in the traditional English pronunciation of Latin; Latin for "right to war") is a set of criteria that are to be consulted ''before'' engaging in war in order to determine whether entering into war is permissible, that is, whether it will be a just war. This is distinct from the set of rules that ought to be followed ''during'' a war, known as ''jus in bello''. Definition ' is sometimes considered a part of the laws of war, but the term "laws of war" can also be considered to refer to ''jus in bello'', which concerns whether a war is conducted justly (regardless of whether the initiation of hostilities was just). "''Jus ad bellum'' refers to the conditions under which States may resort to war or to the use of armed force in general." These rules focus on certain criteria for what makes a war just. Article 51 of the UN Charter clarifies: "Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs again ...
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Law Of War
The law of war is the component of international law that regulates the conditions for initiating war (''jus ad bellum'') and the conduct of warring parties (''jus in bello''). Laws of war define sovereignty and nationhood, states and territories, occupation, and other critical terms of law. Among other issues, modern laws of war address the declarations of war, acceptance of surrender and the treatment of prisoners of war; military necessity, along with ''distinction'' and ''proportionality''; and the prohibition of certain weapons that may cause unnecessary suffering. The ''law of war'' is considered distinct from other bodies of law—such as the domestic law of a particular belligerent to a conflict—which may provide additional legal limits to the conduct or justification of war. Early sources and history The first traces of a law of war come from the Babylonians. It is the Code of Hammurabi, king of Babylon, which, 2000 B.C., explains its laws imposing a code of con ...
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Lex Pacificatoria
The ''lex pacificatoria'' is a Latin neologism, which translates as 'pacific law' or the 'law of the peacemakers'; it refers to the law relating to agreements or treaties ending a state of war or establishing a permanent peace between belligerents, as articulated by state and non-state peacemakers, such as peace negotiators. As such, it is a set of normativizing practices, the ‘industry standards’ of peacemakers. In its relationship with traditional legal doctrines such as the ''jus ad bellum'', it is both incorporated in, and shapes, interpretations of binding legal instruments, and it can also be determinative of, or influence, court judgments. The term was popularized by the legal scholar Christine Bell in her 2008 book ''On the Law of Peace: Peace Agreements and the Lex Pacificatoria.'' Bell contrasts the notion with the Law of War, stressing that the art of post-war peace deserves as much consideration as the waging of war, and the notion is related to the ''jus post bellum' ...
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Jus Ad Bellum
' ( or in the traditional English pronunciation of Latin; Latin for "right to war") is a set of criteria that are to be consulted ''before'' engaging in war in order to determine whether entering into war is permissible, that is, whether it will be a just war. This is distinct from the set of rules that ought to be followed ''during'' a war, known as ''jus in bello''. Definition ' is sometimes considered a part of the laws of war, but the term "laws of war" can also be considered to refer to ''jus in bello'', which concerns whether a war is conducted justly (regardless of whether the initiation of hostilities was just). "''Jus ad bellum'' refers to the conditions under which States may resort to war or to the use of armed force in general." These rules focus on certain criteria for what makes a war just. Article 51 of the UN Charter clarifies: "Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs again ...
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Jus In Bello
The law of war is the component of international law that regulates the conditions for initiating war (''jus ad bellum'') and the conduct of warring parties (''jus in bello''). Laws of war define sovereignty and nationhood, states and territories, occupation, and other critical terms of law. Among other issues, modern laws of war address the declarations of war, acceptance of surrender and the treatment of prisoners of war; military necessity, along with ''distinction'' and ''proportionality''; and the prohibition of certain weapons that may cause unnecessary suffering. The ''law of war'' is considered distinct from other bodies of law—such as the domestic law of a particular belligerent to a conflict—which may provide additional legal limits to the conduct or justification of war. Early sources and history The first traces of a law of war come from the Babylonians. It is the Code of Hammurabi, king of Babylon, which, 2000 B.C., explains its laws imposing a code of con ...
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Just War Theory
The just war theory ( la, bellum iustum) is a doctrine, also referred to as a tradition, of military ethics which is studied by military leaders, theologians, ethicists and policy makers. The purpose of the doctrine is to ensure that a war is morally justifiable through a series of criteria, all of which must be met for a war to be considered just. The criteria are split into two groups: ("right to go to war") and ("right conduct in war"). The first group of criteria concerns the morality of going to war, and the second group of criteria concerns the moral conduct within war. There have been calls for the inclusion of a third category of just war theory (''jus post bellum'') dealing with the morality of post-war settlement and reconstruction. The just war theory postulates the belief that war, while it is terrible but less so with the right conduct, is not always the worst option. Important responsibilities, undesirable outcomes, or preventable atrocities may justify war. Opp ...
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Lex Pacificatoria
The ''lex pacificatoria'' is a Latin neologism, which translates as 'pacific law' or the 'law of the peacemakers'; it refers to the law relating to agreements or treaties ending a state of war or establishing a permanent peace between belligerents, as articulated by state and non-state peacemakers, such as peace negotiators. As such, it is a set of normativizing practices, the ‘industry standards’ of peacemakers. In its relationship with traditional legal doctrines such as the ''jus ad bellum'', it is both incorporated in, and shapes, interpretations of binding legal instruments, and it can also be determinative of, or influence, court judgments. The term was popularized by the legal scholar Christine Bell in her 2008 book ''On the Law of Peace: Peace Agreements and the Lex Pacificatoria.'' Bell contrasts the notion with the Law of War, stressing that the art of post-war peace deserves as much consideration as the waging of war, and the notion is related to the ''jus post bellum' ...
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Stanford Encyclopedia Of Philosophy
The ''Stanford Encyclopedia of Philosophy'' (''SEP'') combines an online encyclopedia of philosophy with peer-reviewed publication of original papers in philosophy, freely accessible to Internet users. It is maintained by Stanford University. Each entry is written and maintained by an expert in the field, including professors from many academic institutions worldwide. Authors contributing to the encyclopedia give Stanford University the permission to publish the articles, but retain the copyright to those articles. Approach and history As of August 5th, 2022, the ''SEP'' has 1,774 published entries. Apart from its online status, the encyclopedia uses the traditional academic approach of most encyclopedias and academic journals to achieve quality by means of specialist authors selected by an editor or an editorial committee that is competent (although not necessarily considered specialists) in the field covered by the encyclopedia and peer review. The encyclopedia was created in 1 ...
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Just War Theory
The just war theory ( la, bellum iustum) is a doctrine, also referred to as a tradition, of military ethics which is studied by military leaders, theologians, ethicists and policy makers. The purpose of the doctrine is to ensure that a war is morally justifiable through a series of criteria, all of which must be met for a war to be considered just. The criteria are split into two groups: ("right to go to war") and ("right conduct in war"). The first group of criteria concerns the morality of going to war, and the second group of criteria concerns the moral conduct within war. There have been calls for the inclusion of a third category of just war theory (''jus post bellum'') dealing with the morality of post-war settlement and reconstruction. The just war theory postulates the belief that war, while it is terrible but less so with the right conduct, is not always the worst option. Important responsibilities, undesirable outcomes, or preventable atrocities may justify war. Opp ...
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Applied Ethics
Applied ethics refers to the practical aspect of moral considerations. It is ethics with respect to real-world actions and their moral considerations in the areas of private and public life, the professions, health, technology, law, and leadership. For example, the bioethics community is concerned with identifying the correct approach to moral issues in the life sciences, such as euthanasia, the allocation of scarce health resources, or the use of human embryos in research. Environmental ethics is concerned with ecological issues such as the responsibility of government and corporations to clean up pollution. Business ethics includes questions regarding the duties or duty of 'whistleblowers' to the general public or their loyalty to their employers. History Applied ethics has expanded the study of ethics beyond the realms of academic philosophical discourse. The field of applied ethics, as it appears today, emerged from debate surrounding rapid medical and technological advan ...
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