(Download) "Comments on war." by Harvard Journal of Law & Public Policy ~ eBook PDF Kindle ePub Free
eBook details
- Title: Comments on war.
- Author : Harvard Journal of Law & Public Policy
- Release Date : January 22, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 256 KB
Description
I. LAW V. JUSTICE Many theologians, ethicists, political scientists and occasionally even international lawyers would like to revive the "just war" (bellum justum) doctrine in present-day international law. This doctrine was prevalent in the writings of the "fathers of international law" in the sixteenth through the eighteenth centuries. It was borrowed from the Church canonists. Although the roots of the doctrine go back to St. Augustine (early in the fifth century), (1) its principal expression is the Thomist analysis (in the thirteenth century). St. Thomas Aquinas held that a "just war" had to satisfy three cumulative conditions: (i) the authority of a prince (auctoritas principis); (ii) a just cause (causa justa); and (iii) righteous intention (intentio recta). (2)