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Great Ideas of Philosophy

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5. The belligerents should intend the advancement <strong>of</strong> good or the avoidance <strong>of</strong> evil.D. Once a war has begun, there are comparable principles determining what is justly done in the prosecution<strong>of</strong> the war. The main criterion is proportionality, recognized immunity <strong>of</strong> non-combatants.1. Refinements were added over the centuries by such theorists as Francisco Suarez (1548–1617),Francisco de Vittoria, and Hugo Grotius (1583–1645).2. The warring party, seeking no more than the advancement <strong>of</strong> good or the avoidance <strong>of</strong> evil, must itselfavoid evil.3. The war must be waged with restraint, applying no greater force than is needed to secure the desiredgood.4. Its motivation must not be corrupted by considerations <strong>of</strong> wealth or power.V. If these are principles that at least plausibly classify warfare as just, are they mutatis mutandis, applicable torelationships between the individual and the state? If a nation may justly make war to secure peace and resistevil, might it not also impose coercively on citizens forms <strong>of</strong> conduct and life also consistent with peace anddecency?A. In the liberal tradition, the state’s justifiable use <strong>of</strong> force has been limited to the prevention <strong>of</strong> harm. JohnStuart Mill made the harm principle the prime justification for the constraint <strong>of</strong> liberty.B. But this is unhelpful until and unless the category <strong>of</strong> “harms” is worked out with some precision.1. To the harm principle some have argued for the addition <strong>of</strong> “<strong>of</strong>fense” and “nuisance.”2. Citizens should also be protected against actions that are so patently <strong>of</strong>fensive as to diminish thedignity <strong>of</strong> civic life.3. Coercive constraints in such cases must be applied in a measured and proportionate fashion, themotive again not corrupted by self-serving factors.C. The problem with this reasonable paradigm is that it leaves plenty <strong>of</strong> room for excessive forms <strong>of</strong> statepaternalism, as well as excessive forms <strong>of</strong> state paralysis. What standards are to be applied to notions <strong>of</strong><strong>of</strong>fense and nuisance or, for that matter, harm?D. Paternalism is nearly unavoidable, except in total anarchies. The compulsory education <strong>of</strong> children is oneexpression <strong>of</strong> it, as are laws requiring seat belts, denying the right to smoke in public places, forbidding thesale <strong>of</strong> alcohol to minors, and so on.1. Provable harm is not invariably at issue in these contexts.2. Nor are those opposed to state paternalism comparably opposed to state welfarism. John Rawls, forexample, requires a hands-<strong>of</strong>f policy in the matter <strong>of</strong> individual liberty but a hands-on policy incompensating for marked inequality in wealth and opportunity.VI. Virtue, <strong>of</strong> which justice is an instance, cannot be reduced to a formula nor manifested in the form <strong>of</strong> trappingsand slogans. Justice in the state comes from just citizens, just magistrates, and just legislators.A. To the extent that, at least metaphorically, we can speak <strong>of</strong> the state as “virtuous,” we can mean only thatits institutions and practices are designed to promote virtue and oppose evil.B. “Do good and avoid evil” is a command accessible to those with common sense and sufficient civicbreeding to understand how their actions contribute to the tone <strong>of</strong> life, their own included. Nothing servesthem better than a political world in which the rule is the rule <strong>of</strong> law, understood to be an ordinance <strong>of</strong>reason.Recommended Reading:Augustine. The City <strong>of</strong> God (downloadable).Paine, Thomas. The Rights <strong>of</strong> Man (downloadable).Walzer, Michael. Just and Unjust Wars. New York: Basic Books, 2000.Questions to Consider:1. What is the right answer to the Athenian claim in the Melian dialogue?2. Suppose the native population in the Americas were judged to be doomed to hell unless converted. Whatargument would still require tolerance and a respect for the autonomy <strong>of</strong> their beliefs?©2004 The Teaching Company Limited Partnership 31

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