Justice and International Affairs

A.Y. 2021/2022
6
Max ECTS
40
Overall hours
SSD
SPS/01
Language
English
Learning objectives
The course offers an overview of the major normative problems and questions relevant in the field of international affairs, by addressing, from a normative perspective, issues connected to war, human rights protection, democracy promotion, transitional justice, international institutions and their role. Similar topics will be tackled with a view to single out their controversial character and to emphasize the significance of normative considerations both in the case of conflicts among or within states and in the case of problems and goals requiring coordinated responses at the international level.
Expected learning outcomes
Knowledge and understanding:

Students are expected to acquire a clear understanding about the key notions and concepts employed in the philosophical debate concerning international justice. Students are also expected to acquire in-depth knowledge concerning major normative problems and questions relevant in the field of international affairs.

Applying knowledge and understanding:
At the end of the course, students are expected to be able to apply their acquired knowledge and competences in the field of international justice to issues animating public debates. To this end, the course offers several occasions for in-depth class discussion, which will provide a suitable space for debating the relevance and import of the philosophical notions and approaches under examination with respect to more concrete issues and questions. Moreover, certain paradigmatic cases will be discussed in order to increase students' understanding about how to use abstract and general philosophical arguments to tackle more specific problems.

Making judgements:
At the end of the course, the students will have acquired the capacity for autonomous judgment thanks to the proposed readings and active discussions in class. Indeed, the course material includes essays endorsing different and opposing perspectives. Accordingly, by comparing and confronting them, students will be prompted to evaluate different standpoints and to adjudicate between them. Moreover, through the analysis of philosophical arguments - of their premises and their internal structure - students will acquire relevant competences to critically examine the arguments at stake, thus further enhancing their capacity to autonomously judge their validity.

Communication:
Students are expected to acquire familiarity with the argumentative strategies endorse in philosophical debates, which offer insights on how to elaborate consistent arguments or proposals and on how to effectively defend them and which are therefore functional to improve students' communication skills.
Single course

This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.

Course syllabus and organization

Single session

Responsible
Lesson period
Second trimester
If the evolution of the Covid-19 pandemic will prompt the university to hold the course online, classes will take place through the Zoom platform. All the information about the link to connect to zoom will be available on the Ariel website of the course.

In that case, students will be invited to connect to Zoom using their full name and surname. This will be relevant to check attendance.

No registration is required to access Zoom. However, the first time you use Zoom on your device, you will have to download and install the Zoom app. When you click on the link to join classes, you will be automatically prompted to install the app. The whole process takes just a couple of minutes. You can also pre-download the Zoom app at the following link: https://zoom.us/download

If you need more detailed instructions on how to join a Zoom meeting, please, check the following link: https://support.zoom.us/hc/en-us/articles/201362193-How-Do-I-Join-A-Meeting-


Methods of evaluation
For attendant students, evaluation will be based on participation in online classes, online presentations and a paper (5.000) to be written at the end of the course.
For non attendant students, the written exam will be held online. Non-attendant students are required to take a written exam constituted by two parts. In the first part, students are asked to answer five open questions regarding the major problems and basic notions of just war theory. This part of the written exam is meant to ascertain the acquisition of appropriate knowledge and understanding of the topics addressed in the general readings assigned. In the second part of the written test, students are required to answer one essay question of their choice, among a group. This part of the test is concerned with the specific readings suggested. Indeed, students need to choose one topic of their interest among "jus ad bellum"; "humanitarian intervention"; "combatants and non-combatants"; "terrorism and torture"; "jus post bellum and transitional justice" in order to write one short essay apt to demonstrate their capacity to tackle and discuss controversial topics concerning the debates about the ethics of war, by assessing and evaluating different and competing arguments. All the information about the procedure to take the written exam will be available on the Ariel website of the course.
Course syllabus
The course offers an overview of the major normative problems that concern the activity of war. Since war, by its very nature and definition, involves widespread killing and maiming, it raises among the most interesting, intricate, and complex philosophical and normative questions in the field of international affairs. Indeed, if those engaged in a war usually transgress the boundaries and limits of everyday morality, grounded in the convictions that killing and inflicting harm constitute wrongdoings, very few consider war always and totally impermissible. To understand and make sense of this paradox, the course explores classical and contemporary debates in just war theory, discussing also some historical and fictional examples to illustrate ideas and problems that pertain to the domain of war. In particular, the course tackles issues such as the conditions that are to be satisfied in order to permissibly start a war; the duties combatants have during a war; the nature and morality of terrorism; whether there are circumstances in which governments may be allowed to torture their political opponents; the problem of transitional justice, when a war is over.

Lecture 1 Political Realism, Pacifism, and Just War Theory

Lecture 2 Self-defence and war: some methodological remarks

Lecture 3 The principles of Jus ad bellum

Lecture 4 Anticipations and interventions

Lecture 5 Presentations and discussion

Lecture 6 The principles of Jus in bello

Lecture 7 Presentations and discussion

Lecture 8 The moral status of combatants

Lecture 9 Presentations and discussion

Lecture 10 Non-combatant immunity

Lecture 11 Presentations and discussion

Lecture 12 Terrorism

Lecture 13 Presentations and discussion

Lecture 14 Torture

Lecture 15 Presentations and discussion

Lecture 16 Jus post bellum

Lecture 17 Presentations and discussion

Lecture 18 Justice, reconciliation, transition

Lecture 19 Presentations and discussion

Lecture 20 Wrap up
Prerequisites for admission
No specific preliminary knowledge is required to fruitfully attend the course or take the exam.
Teaching methods
The course combines lessons, students' presentations, and class discussion.
Teaching Resources
The exam material is different for 1. attendant students and 2. non-attendant students

1. Attendant students
General readings
Walzer, Michael (1977), Just and Unjust Wars, New York: Basic Books (Ch. 1, 2, 3, 4, 5, 6, 7).

Meterials for attendant students' presentations
Students are required and expected to complete the readings selected by their colleagues for presentation in advance of the relevant session in which such readings will be discussed in class.

Lecture 5: Political realism, pacifism, just war theory, jus ad bellum, humanitarian intervention
· Morgenthau, Hans J. (1978), "A Realist Theory of International Politics" and "The Science of International Politics", Politics Among Nations: The Struggle for Power and Peace, New York: Knopf, pp. 1-25.
· Walzer, Michael (1977), "Against realism", in Just and Unjust Wars, New York: Basic Books, pp. 3-20.
· Anscombe, G.E.M. (1981), "War and Murder", in Ethics, Religion, and Politics, Minneapolis: University of Minnesota Press: https://philpapers.org/archive/ANSWAM.pdf

· McMahan, Jeff (2005), "Just cause for war", Ethics and International Affairs, 19, No. 3, pp. 1-21.
· Shue, Henry (2007), "What would a justified preventive military attack look like?", in H.Shue and D. Rodin (eds.), Preemption. Oxford: Oxford University Press, pp. 222-46.
· Holder, Cindy (2008), "Responding to humanitarian crises", in L. May (ed.), War: Essays in Political Philosophy. Cambridge: Cambridge University Press, pp. 85-104.
Lecture 7: Jus in bello
· Nagel, Thomas (1972), "War and massacre", Philosophy and Public Affairs 1, No. 2, pp. 123-44.
· Hurka, Thomas (2005), "Proportionality in the morality of war", Philosophy and Public Affairs 33, No. 1, pp. 34-66.
Lecture 9: The moral status of combatants
· McMahan, Jeff (2006), "On the moral equality of combatants", Journal of Political Philosophy, 14, No. 2, pp. 377-93.
· Hurka, Thomas (2007), "Liability and just cause", Ethics and International Affairs, 21, No. 2, pp. 199-218.
· Quong, Jonathan (2012), "Liability to Defensive Harm", Philosophy and Public Affairs, 40, No. 1, pp. 45-77.

Lecture 11: Non-combatant immunity
· May, Larry (2005), "Killing naked soldiers: distinguishing between combatants and non-combatants", Ethics and International Affairs 19, No. 3, pp. 39-53.
· Fabre, Cecile (2009), "Guns, food, and liability to attack in war", Ethics, 120, No.1, pp. 36-63.
· Lazar, Seth (2010), "The responsibility dilemma for killing in war: a review essay", Philosophy and Public Affairs 38, No. 2, pp. 180-213.

Lecture 13: Terrorism
· Coady, Cecil A. J. (2004), "Terrorism, Morality and Supreme Emergency", Ethics, 114, No. 4, pp. 772-789.
· Scheffler, Samuel (2006), "Is terrorism morally distinctive?", Journal of Political Philosophy, 14, No. 1, pp. 1-17.
· McPherson, Lionel K. (2007), "Is terrorism distinctively wrong?", Ethics, 117, No. 3, pp. 524-46.

Lecture 15: Torture
· Sussman, David (2005), "What's Wrong with Torture?", Philosophy & Public Affairs, Vol. 33, No.1 pp., pp. 1-33.
· Bufacchi, Vittorio and Arrigo, Jean Maria (2006), "Torture, terrorism and the state: a refutation of the ticking-bomb argument", Journal of Applied Philosophy 23, No. 3, pp. 355-73.
· Miller, Seumas (2006), "Torture and Counterterrorism", The Jerusalem Philosophical Quarterly, No. 55, pp. 83-106.

Lecture 17: Jus post bellum
· Arendt, Hannah (1964) Eichmann in Jerusalem: A Report on the Banality of Evil, New York: Penguin Classics, excerpts + Arendt, Hannah & Jaspers, Karl (1992), Hannah Arendt-Karl Jaspers Correspondence 1926-1969, New York: Mariner Books, excerpts.
· May, Larry (2005), "Superior Orders, Duress, and Moral Perception", in Crimes Against Humanity: a normative account. New York: Cambridge University Press, pp. 170-200.
· Wellman, Christopher Heath (2008), "Amnesties and international law", In Larry May (ed.), War: Essays in Political Philosophy. New York: Cambridge University Press, pp. 249-65.

Lecture 18: Justice, reconciliation, transition
· Moore, Michael (1993), "Justifying Retributivism", Israel Law Review, Vol. 24, N. 1-2, pp. 15-49.
· Govier, Trudy (2008) "War's Aftermath. The challenges of reconciliation", In Larry May (ed.), War: Essays in Political Philosophy. New York: Cambridge University Press, pp.229-48.
· Murphy, Coleen (2020), "On Principled Compromise: When Does a Process of Transitional Justice Qualify as Just?", Proceedings of the Aristotelian Society, Vol. 120, N. 1, pp. 47-70.


2. Non-attendant students
General readings necessary for the first part of the written test
· Korab-Karpowicz, W. Julian, "Political Realism in International Relations", The Stanford Encyclopedia of Philosophy (Summer 2018 Edition), Edward N. Zalta (ed.), URL = .
· Orend, Brian, "War", The Stanford Encyclopedia of Philosophy (Fall 2008 Edition), Edward N. Zalta (ed.), URL = .
· Walzer, Michael (1977), Just and Unjust Wars, New York: Basic Books (Ch. 1, 2, 3, 4, 5, 6, 7).
· Frowe, Helen (2015), The Ethics of War and Peace: An Introduction, London: Routledge (Ch. 3, 4, 5, 6, 7, 8, 9, 10, 12).
· Eisikovits, Nir, "Transitional Justice", The Stanford Encyclopedia of Philosophy (Fall 2017 Edition), Edward N. Zalta (ed.), URL = .

Specific readings for the second part of the written test
Students are required to choose one argumens from those proposed below in order to be able to answer one essay question in the second part of the written test.

Jus ad bellum
· McMahan, Jeff (2005), "Just cause for war", Ethics and International Affairs, 19, No. 3, pp. 1-21.
· Hurka, Thomas (2007), "Liability and just cause", Ethics and International Affairs, 21, No. 2, pp. 199-218.
· May, Larry (2008), "The principle of just cause", in L. May (ed.), War: Essays in Political Philosophy. New York: Cambridge University Press, pp. 49-66.
Humanitarian intervention
· Smith, Michael (1998), "Humanitarian intervention: an overview of the ethical issues", Ethics and International Affairs, Vol. 12, No. 1, pp. 63-79
· Holder, Cindy (2008), "Responding to humanitarian crises", in L. May (ed.), War: Essays in Political Philosophy. Cambridge: Cambridge University Press, pp. 85-104.
· Pattison, James (2013), "Is there a duty to intervene? Intervention and the responsibility to protect", Philosophy Compass, Vol. 8, N. 6, pp. 570-79.

Combatants and non-combatants
· McMahan, Jeff (2009), "Civilian immunity and civilian liability", in Killing in War, New York: Oxford University Press, pp. 203-35.
· Lazar, Seth (2010), "The responsibility dilemma for killing in war: a review essay", Philosophy and Public Affairs, Vol. 38, No. 2, pp. 180-213.
· Fabre, Cecile (2009), "Guns, food, and liability to attack in war", Ethics, 120, No.1, pp. 36-63.
Terrorism and torture
· Miller, Seumas, "Torture", The Stanford Encyclopedia of Philosophy (Summer 2017 Edition), Edward N. Zalta (ed.), URL = .
· Shue, Henry (1978), "Torture", Philosophy and Public Affairs, vol. 7, No. 2, pp, 124-43.
· Sussman, David (2005), "What's Wrong with Torture?", Philosophy & Public Affairs, Vol. 33, No.1 pp., pp. 1-33.

Jus post bellum and transitional justice
· Govier, Trudy (2008) "War's Aftermath. The challenges of reconciliation", In Larry May (ed.), War: Essays in Political Philosophy. New York: Cambridge University Press, pp.229-48.
· May, Larry (2005), "Reconciliation and amnesty programs", in Crimes Against Humanity: a normative account. New York: Cambridge University Press, pp. 235-53.
· Wellman, Christopher Heath (2008), "Amnesties and international law", In Larry May (ed.), War: Essays in Political Philosophy. New York: Cambridge University Press, pp. 249-65.
Assessment methods and Criteria
The exam structure is different for 1. attendant and 2. non-attendant students.

1. Attendant students
Attendant students are expected, not just to attend classes, but also to actively participate in the discussions of the topics and texts under investigation. Students' participation is evaluated by taking into account students' contribution to class discussion. In this manner, students are encouraged to develop and exercise their argumentative capacities and to actively analyse and discuss the arguments relevant for the topics under consideration, providing reasons and justifications for their claims and evaluations.

Students are also evaluated on the basis of their presentations. Students are required to summarize and discuss the central arguments advanced within texts that are selected in advanced by the responsible. In this way, students are encouraged to advance and expand not only their communicative and organizational skills, but also their capacities to understand, evaluate and critically examine the validity of philosophical and normative arguments in an autonomous and independent manner.

Finally, students are required to deliver a paper (5.000 words) on one of the topics discussed during the course and in agreement with the responsible of the course. Papers should represent a piece of independent research, be it a positive argument of one's own, or a critical argument meant to challenge the position of an author discussed during the course. Papers should provide clear and coherent claims apt to defend a position, through the evaluation of its problems and merits.

Final grades will be awarded by weighting participation, presentation and final paper as follow:
· 25% Participation
· 35% Presentations
· 40% Final paper

2. Non-attendant students
Non-attendant students are required to take a written exam constituted by two parts. In the first part, students are asked to answer five open questions regarding the major problems and basic notions of just war theory. This part of the written exam is meant to ascertain the acquisition of appropriate knowledge and understanding of the topics addressed in the general readings assigned.

In the second part of the written test, students are required to answer one essay question of their choice, among a group. This part of the test is concerned with the specific readings suggested. Indeed, students need to choose one topic of their interest among "jus ad bellum"; "humanitarian intervention"; "combatants and non-combatants"; "terrorism and torture"; "jus post bellum and transitional justice" in order to write one short essay apt to demonstrate their capacity to tackle and discuss controversial topics concerning the debates about the ethics of war, by assessing and evaluating different and competing arguments.
SPS/01 - POLITICAL PHILOSOPHY - University credits: 6
Lessons: 40 hours
Professor: Bistagnino Giulia
Educational website(s)
Professor(s)
Reception:
Second trimester: Wednesdays from 3:00 PM to 6 PM. ATTENTION: Office hours for the week starting Monday, January 6 will take place on Tuesday 7 from 3 pm to 6 pm.
Office hours are held online (via MS Teams) or on campus by appointment via email (Dept. of Social and Political sciences, 2nd floor, room 205).