the Problems of Punitive War paper presented to 22 Congress of the International Association for Philosophy of Law and Social Philosophy, Granada Spain May 2005Om problemerne ved at føre punitiv krig, Victoria og Grotius
When someone shall prepare to kill strangers as in war it helps to make one’s opponents into wrongdoers to be punished. Grotius -perhaps wrongly- attacked Victoria for denying punitive war and claimed that even if there was no global criminal code then there was a natural right to punish wrongdoers, as Locke later repeated. Grotius performed a detailed analysis of the concept of punishment combining consequentialist and deontological arguments with his particular version of Christianity resulting in a very narrow applicability of this natural right. I shall argue that the natural law concept of punitive war remains deceptive by its fusion of the roles of executioner, judge, legislator, and prosecutor.
Law and Justice in a Global Society, Ivr 22 World Congress: Abstracts Special Workshops and Working Groups, 2005
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Law and Justice in a Global Society, 2005
International Association for Philosophy of Law and Social Philosophy