Superior Law ^Featured

In the last decade a suggestive new way of approaching the ethics of war has been developed within analytical moral philosophy. This approach has abandoned or substantially downplayed the collectivist underpinnings apparent in much traditional just war theory. Instead of prioritising the moral status of communities and the states that purport to embody them, it has instead begun with the human rights of individual persons, and in particular the most fundamental of rights: the right to life. This approach to the ethics of war is oriented around the question of when and under what conditions a person can become liable to lethal attack. It addresses this question not primarily by reflecting on the historical and legal norms that have shaped the practice of war, but on the status and nature of rights, often drawing on theoretical devices, arguments and analogies from contexts outside war...