Law and Sentiment in International Politics: Ethics, Emotions, and the Evolution of the Laws of War

Description

Drawing on recent research in moral psychology and neuroscience, this book argues that universal moral beliefs and emotions shaped the evolution of the laws of war, and in particular laws that protect civilians. It argues that civilian protection norms are not just a figment of the modern West, but that these norms were embryonic in earlier societies and civilizations, including Ancient China, early Islam, and medieval Europe. However, despite their ubiquity, this book argues that civilian protection rules are inherently fragile, and that their fragility lies not just in failures of compliance, but also in how moral emotions shaped the design of the law. The same beliefs and emotions that lead people to judge that it is wrong to intentionally target civilians can paradoxically constitute the basis for excusing states for incidental civilian casualties, or collateral damage. To make the laws of war work better for civilians, this book argues that we need to change how we think about the ethics of killing in war. Cover Half-title Series information Title page Copyright information Contents Acknowledgments Epigraph Part I A Theory of Moral Psychology and International Norms 1 Introduction: The Laws of War and the Puzzle of Norm Emergence International Relations Theory and the Puzzle of Norm Emergence Plan of the Book Moral Psychology, the Laws of War, and the Ends of International Justice 2 Mapping the Mind: Moral Psychology and International Humanitarian Law Norm Emergence and Cultural Evolution in International Theory Realism: Power Politics and the Laws of Armed Conflict Liberal Institutionalism: The Rational Design of the Laws of Armed Conflict Constructivism: Cultural Evolution and the Social Construction of the Laws of Armed Conflict Theory of Mind: A Naturalistic Theory of Moral Cognition and Emotion Programming the Mind: Moral Judgments, Evolution, and Innateness Perspective-Taking, Empathic Concern, and the Ethics of Killing in War Perspective-Taking and Empathic Concern: A Conceptual Mapping. The Empathy-Altruism Hypothesis and the Ethics of Killing in War. Perspective-Taking, Empathy, and In-Group/Out-Group Biases. Against Empathy Skepticism. The Universal Grammar of the Laws of War: Moral Intuitions about Intentional Harm Innate Biases, Individual Differences, and Cultural Variation: The Linguistic Analogy Reason and Emotion in the Making of Moral Judgments Culture, Cognition, and the Evolution of the Laws of War: How Mind and Culture Intersect Is the Moral Brain Inflexible? Cultural Variation and the Cognitive Science of Neuroplasticity Perspective-Taking, Empathy, and the Emergence of Civilian Protection Norms Moral Psychology and the Durability of Civilian Protection Norms Moral Intuitions and Communicative Action: The Restrictive and Permissive Effects of International Humanitarian Law Considerations on Method Part II The Universal Grammar of the Laws of War: China, Islam, and the West 3 Taming the Sovereign: State Formation and the Ethics of War in Ancient China State Formation in Warring States China The Emergence of the Warring States System The Intellectual Currents of the Warring States System The Rule of Law in Ancient China The Righteous War Tradition in Ancient China The Rules of War in Ancient Chinese Texts Conclusion 4 War and Peace in Islamic Law: Cultural Evolution and the Ethics of War in Early Islam The Sources of Islamic Law Pre-Islamic Arabia and the Formation of the Islamic State The Ethics of War in Islamic Law Jus ad Bellum Principles Jus in Bello Principles Why Prevent Attacks on Civilians? Explaining Convergence and Stability: Rationalism, Constructivism, and Innate Moral Intuitions The Moral Psychology of Extremism Moralistic Disgust and the Desire for In-Group Purity In-Group/Out-Group Dynamics and Revenge The Islamic State of Iraq and Syria Conclusion 5 Moral Emotions and Natural Law: The Peace of God, Catholic Just War Theory, and the European Enlightenment The Peace of God Movement and the Emergence of Civilian Protection Norms From Just War to International Law: Religious and Secular Perspectives on Killing in War The Secularization of Just War Doctrine: Jus in Bello Principles in Vitoria and Suarez From Natural Law to the Law of Nations: Law and Sentiment in the Works of Grotius and Vattel Conclusion Part III Moral Sentiments and the Development of International Humanitarian Law 6 Humanizing Hell: The Hague Peace Conferences and the Second World War, 1899-1945 The Hague Peace Conference of 1899: Total Warfare and the Laws of Armed Conflict The Martens Clause, Civilian Immunity, and the Law of Military Occupations Lawful Military Targets: Indiscriminate Weapons, Airborne Projectiles, and Artillery Bombing The Hague Peace Conference of 1907: Lawful Military Targets in Naval Warfare Civilian Immunity, Military Targets, and the Laws of Naval Bombardment Moral Emotions, Civilian Immunity, and the Protection of Merchant Vessels On the Edge of Destruction: The Laws of War and Strategic Bombing in World War II The Hague Commission of Jurists and the 1923 Draft Rules on Aerial Warfare Once More unto the Breach: The Laws of War and Bombing Policy in World War II Unlawful Targets: Legal Protections for Cultural Objects in World War II. Protecting Friends, Exposing Enemies: Allied Justifications for Civilian Casualties. Conclusion 7 A Moral Revolution in the History of Humankind: The Geneva Conventions and the Politics of International Humanitarian Law, 1945-1977 Protecting the Victims of Our Enemies: The Politics of Killing and the Geneva Conventions Protected Persons in Their Hands: Air Warfare, Legal Discourse, and Intentional Targeting Outlawing the Bomb: Nuclear Weapons and the Geneva Conventions of 1949 The Reaffirmation and Development of International Humanitarian Law: 1957-1973 The Additional Protocols of 1977: Intentional Killing and the Politics of Proportionality Protections for Civilians in Protocol I: Carpet-Bombing, Spreading Terror, and Proportionality Conclusion 8 Conclusion: Moral Emotions, Permissive Effects, and the Rationalization of International Humanitarian Law Summary of the Argument and Its Implications Rationalizing the Laws of War: Coercive Power and the Principle of Affected Interests Moral Autonomy and Coercive Power: Why Military Force Requires Political Justification Affected Interests and Unintended Killings: Ramifications for International Humanitarian Law Reason and Emotion in International Humanitarian Law Final Thoughts: Moral Progress and the Laws of Armed Conflict References Index