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Chapter Eight: War, Terrorism and Civil Liberties

Chapter Eight: War, Terrorism and Civil Liberties. Applying Ethics: A Text with Readings (10 th ed.) Julie C. Van Camp, Jeffrey Olen, Vincent Barry Cengage Learning/Wadsworth. Just War Theory. Jus ad bellum : proposals to justify the use of force in a particular type of situation

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Chapter Eight: War, Terrorism and Civil Liberties

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  1. Chapter Eight:War, Terrorism and Civil Liberties Applying Ethics: A Text with Readings (10th ed.) Julie C. Van Camp, Jeffrey Olen, Vincent Barry Cengage Learning/Wadsworth

  2. 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

  3. Terminology in today’s world • Preemptive war • Violence and terrorism • Jihadism • Pacifism

  4. 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

  5. “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

  6. “Violence, Terrorism, and Justice”R.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)?

  7. “Make Torture an Option”Alan 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

  8. “Torture and the Ticking Bomb”David 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

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