Chapter Eight: War, Terrorism and Civil Liberties Applying Ethics: A Text with Readings (10 th ed.) Julie C. Van Camp, Jeffrey Olen, Vincent Barry Cengage Learning/Wadsworth
Just War Theory Jus ad bellum: proposals to justify the use of force in a particular type of situation Jus in bello: the justice of particular types of actions within a war, whether or not that war was justified Aquinas: influential theory of just war
Terminology in today’s world Preemptive war Violence and terrorism Jihadism Pacifism
Civil Liberties Security vs. safety? Is the Constitution a mutual suicide pact? Bill of Rights to the U.S. Constitution First Amendment: free speech, freedom of association, academic freedom, freedom of religion Fourth Amendment: protection against “unreasonable searches and seizures” Sixth Amendment: right to a “speedy and public trial” Seventh Amendment: right to a jury trial Eighth Amendment: Excessive bail shall not be required, nor excessive fines, nor cruel and unusual punishments
“The Triumph of Just War Theory (and the Dangers of Success) Michael Walzer Survey of development of “just war” theory from Augustine to Aquinas to modern times “Just war” has been used to justify and sometimes rationalize wars throughout history, by invoking its test of morality Today, “just war” theory is useful to scrutinize and critique wars in our time
“Violence, Terrorism, and Justice” R.G. Frey and Christopher W. Morris How should we characterize “terrorism”? The creation of terror Random use of violence Targeting of innocents and noncombatants How should we evaluate the wrongness of “terrorism”? Consequentialist moral analysis (results)? Kantian moral analysis (justice, dignity)?
“Make Torture an Option” Alan M. Dershowitz Torture: When is it justified to resort to unconventional techniques to interrogate witnesses? Fifth Amendment protection against self- incrimination does not prohibit any technique, if evidence is not introduced at a criminal trial Judges should issue “torture warrants” so torture is conducted within the law
“Torture and the Ticking Bomb” David Luban The “ticking bomb” scenario does not justify the use of torture to interrogate prisoners The scenario is an intellectual fraud We must address questions of uncertainty, morality of consequences, and what the practice of torture does to our culture