Skip to main content Accessibility help
×
Hostname: page-component-7bb8b95d7b-l4ctd Total loading time: 0 Render date: 2024-10-05T06:16:02.172Z Has data issue: false hasContentIssue false

Chapter 1 - Introduction

Normative principles of jus post bellum

Published online by Cambridge University Press:  05 June 2012

Larry May
Affiliation:
Vanderbilt University, Tennessee
Get access

Summary

In this book, I draw on the work of Hugo Grotius to provide a Grotian account of the normative principles of jus post bellum, governing practices after war ends. In this sense I will aim to fill a gap in the literature concerning the Just War. There is extensive discussion of the normative principles that should govern the initiation of war, jus ad bellum, and also of the conduct of war, jus in bello. But there has been very little work on jus post bellum. In taking Hugo Grotius’s work, De Jure Belli ac Pacis, as my point of departure I will seek to ground the normative principles after war ends in the 400-year-old secular tradition of writing about the Just War. I will also attempt to connect this tradition with the emerging international law literature on transitional justice which is primarily concerned with how to move from a position of mass atrocity or war to a position of peace and reconciliation. In the end I will depart from the advocates of the Just War and argue that contingent pacifism is most in keeping with normative principles after war ends.

In this introductory chapter I will set out what I take to be the six normative principles of jus post bellum: rebuilding, retribution, reconciliation, restitution, and reparation, as well as proportionality. I will also address one of the thorniest of issues: what difference should there be between victors and vanquished in terms of post war responsibilities. And even more importantly, how much difference should it make if the victor had begun the war without just cause? In one sense, this is a seemingly easy question to answer – the party who has done wrong should pay for damages caused by its wrongful behavior. If the war was begun wrongly then everything that follows is the responsibility of this wrongdoing party. But in another sense, this is a deeply difficult issue since the point of jus post bellum is to establish a just and lasting peace, and yet this is very unlikely to happen unless both parties see themselves as responsible for the post war reconstruction.

Type
Chapter
Information
After War Ends
A Philosophical Perspective
, pp. 1 - 26
Publisher: Cambridge University Press
Print publication year: 2012

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Introduction
  • Larry May, Vanderbilt University, Tennessee
  • Book: After War Ends
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139088107.001
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Introduction
  • Larry May, Vanderbilt University, Tennessee
  • Book: After War Ends
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139088107.001
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • Larry May, Vanderbilt University, Tennessee
  • Book: After War Ends
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139088107.001
Available formats
×