Article

Just War and Legal Restraints

John Kelsay

in The Oxford Handbook of Religion and Violence

Published in print January 2013 | ISBN: 9780199759996
Published online March 2013 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780199759996.013.0019

Series: Oxford Handbooks

 Just War and Legal Restraints

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This chapter offers an older notion of just war, particularly as it developed in relation to the changing place of Christianity in Europe and North America. The just war idea presents a way of thinking in which war itself is a kind of restraint. The norms of positive international law are determined with the hope that an appropriate set of institutions might transcend and thus govern the behavior of sovereign states, imposing the rule of law in cases where sovereign states (and their rulers) violate those norms intended “to save succeeding generations from the scourge of war.” The universality of norms is a project to be obtained by means of negotiation among sovereign states. The outline of just war presented reveals that the idea is a moving target, in which changes reflect the dynamic nature of social and political institutions.

Keywords: just war; Christianity; Europe; North America; restraint; positive international law; social institutions; political institutions; sovereign states

Article.  4208 words. 

Subjects: Religion ; Religious Studies ; Christianity ; Religious Issues and Debates

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