Chapter Eight: War, Terrorism and Civil Liberties

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Chapter EightWar, Terrorism and Civil Liberties

• Applying Ethics A Text with Readings (10th ed.)
• Julie C. Van Camp, Jeffrey Olen, Vincent Barry
• Cengage Learning/Wadsworth

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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

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Terminology in todays world

• Preemptive war
• Violence and terrorism
• Jihadism
• Pacifism

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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

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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

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Violence, Terrorism, and JusticeR.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)?

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Make Torture an OptionAlan 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

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Torture and the Ticking BombDavid 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