Law and Sentiment in International Politics

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Law and Sentiment in International Politics

Ethics, Emotions, and the Evolution of the Laws of War

International relations International law

Author: David Traven

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Collection: Cambridge Studies in International Relations

Language: English

Published by: Cambridge University Press

Published on: 1st July 2021

Format: LCP-protected ePub

Size: 2 Mb

ISBN: 9781108957434


Introduction

Drawing on recent research in moral psychology and neuroscience, this book argues that universal moral beliefs and emotions shaped the evolution of the laws of war, and in particular laws that protect civilians.

Historical Perspective

It argues that civilian protection norms are not just a figment of the modern West, but that these norms were embryonic in earlier societies and civilizations, including Ancient China, early Islam, and medieval Europe.

Fragility of Civilian Protection Rules

However, despite their ubiquity, this book argues that civilian protection rules are inherently fragile, and that their fragility lies not just in failures of compliance, but also in how moral emotions shaped the design of the law.

Paradox of Moral Emotions

The same beliefs and emotions that lead people to judge that it is wrong to intentionally target civilians can paradoxically constitute the basis for excusing states for incidental civilian casualties, or collateral damage.

Call for Ethical Change

To make the laws of war work better for civilians, this book argues that we need to change how we think about the ethics of killing in war.

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