On Waging War to Punish Wrongdoers: the Problems of Punitive War paper presented to 22 Congress of the International Association for Philosophy of Law and Social Philosophy, Granada Spain May 2005

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    When someone shall prepare to kill strangers as in war it helps to make one’s opponents into wrongdoers to be punished. Grotius -perhaps wrongly- attacked Victoria for denying punitive war and claimed that even if there was no global criminal code then there was a natural right to punish wrongdoers, as Locke later repeated. Grotius performed a detailed analysis of the concept of punishment combining consequentialist and deontological arguments with his particular version of Christianity resulting in a very narrow applicability of this natural right. I shall argue that the natural law concept of punitive war remains deceptive by its fusion of the roles of executioner, judge, legislator, and prosecutor.
    Translated title of the contributionOm at føre krig for at straffe misdædere: Om problemerne ved at føre punitiv krig, Victoria og Grotius
    Original languageEnglish
    Title of host publicationLaw and Justice in a Global Society, IVR 22 World Congress. : Abstracts Special Workshops and Working Groups
    EditorsJ.J. Jimenes Sanchez, J. Gil, A. Pena
    Number of pages1
    PublisherInternational Association for Philosophy of Law and Social Philosophy
    Publication date2005
    ISBN (Print)84-338-3326-X, 9788433833266
    Publication statusPublished - 2005
    EventLaw and Justice in a Global Society - Granada, Spain
    Duration: 24 May 200529 May 2005
    Conference number: 22


    ConferenceLaw and Justice in a Global Society

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