How does the notion of rightful or higher authority affect the ethics of war?

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Karan Lohia

Philosophy Essay 2

(Essay 3) How does the notion of rightful or higher authority affect the ethics of war?

The ethics of war has been thrust into the limelight with the recent conflict in Iraq.  Throughout this essay I will use this war to illustrate the ethical problems associated with war and how the notion of a rightful authority affect these problems.  I will start by defining a rightful or higher authority and illustrating why they are necessary for civilisation.  I will then examine what powers and responisiblities these authorities have by way of a social contract.  Finally, I will examine how these authorities affect the ethics of war.

What is a higher authority and why do people agree to be governed? Thomas Hobbes described a social contract required to escape “the state of nature”.   The state of nature exists in the absence of higher authority, where there is no social structure.  As a result of this, there is absolute freedom but no laws to protect people.  People are naturally violent towards each other and this is especially true in this state of nature where there is a scarcity of resources (land, food) and yet a rough equality of need and power. In this state of nature, people naturally do what is best and right in their own eyes without consideration of the opinions of others.  This leads to a war of all against all.  Hobbes said that in this condition "The life of man, would be solitary, poor, nasty, brutish, and short".  In order to escape this state of nature people must reach agreement to establish government to enforce rules making stable, secure life possible.  This leads to a “state” as described by Kant as “the union of a number of men under juridical law”.

What then are the powers and responisbilities of this higher authority?  Kant describes three distinct powers of the state: legislative power, executive power and judiciary powers.  Legislative power refers to the power of the state to make laws.  Executive power refers to the power of the state to administer the laws.  Judiciary power refers to the power of the state to judge crimes and assign everyone what is his own.  This power, Kant argues, comes from the responsibility of the higher authority to protect its citizens.  

Do they have the right to declare war?  Kant argued that the right to go to war comes from the duty of the higher authority to protect its people.  Kant is saying that the state has a right to go to war in retaliation for any “overt act of injury”.  Kant states that the people must be regarded as having given their sanction as they have the right to vote.  

This right to vote is an important point when it comes to the notion of rightful authority.  A government must represent the wishes of its public.  There are issues when it comes to how well a governement conforms to a rightful authority such as how often are they elected.  In the case of a dictatorship this is never and therefore the governement might not be considered a rightful authority.

Kant’s theories of rights fit in with just war theory.  Just war theroy is perhaps the most important theory behind the ethics of war and has had moral and legal applications (The Hague, Geneva Conventions).  The first major philosopher to undertake the task of determining the circumstances under which war is justified was St. Augustine of Hippo.  For Augustine, war is an allowable part of the life of a nation, and the power of prosecuting a war was part of the natural powers of a leader, whose task it is to uphold peace.  

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According to Augustine, for a war to be just, it must be fought for the right reasons, and it must be waged under rightful authority.  He further held that the only reason which justified war was the desire for peace.

The second major thinker to deal with the issue of war was St. Thomas Aquinas who picked up from Augustine.  In forming his theory regarding the justness of a war, Aquinas focused on defining the right to make war.  He also looked at the importance of the intent which stands behind the decision to go to war.  In his ...

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