Law and Philosophy

7/30/2019 Law and Philosophy

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Warfare and

Independence


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Introduction

A war is the name given to the act of fighting between twoor more groups, nations or countries

warfare is the tactics, methods, strategies and scienceinvolved in fighting the enemy. So, for example, chemical warfare (a tactic to help you win)was used in The Great War (the name of the conflict). An

absence of war (and other violence) is usually called peace or

also known as independence. Independence is a person, country, nation and etcetera which

are not influenced or controlled by others opinion, or conduct

in a form of thinking or acting for oneself


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WAR AND WARFARE

The meaning of war is an organized, armed, and, usually aprolonged conflict that is carried on between countries,

nations, or other some other parties typified by extreme

aggression, social disruption, and usually high mortality.

War should be understood as an actual, intentional andwidespread armed conflict between political communities,

and thus it is defined as a form of political violence.


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Greek

Goddess Athena aka Pallas Athena

in Greek religion and mythology, goddess of wisdom, courage, inspiration, civilization, law and

justice, just warfare, mathematics, strength, strategy, the arts, crafts,

and skill.


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The metalwork of weapons also fell under her patronage. She led battles as the disciplined, strategic side of war, in contrast to

her brother Ares (the patron of violence, bloodlust and slaughter "the

raw force of war)

Though Athena is a goddess of war strategy, she disliked fightingwithout purpose and preferred to use wisdom to settle predicaments. Athena only encouraged fighting for a reasonable cause or to

resolve conflict.


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China

Sun Tzu - The Art of War

a high-ranking military general, strategist

tactician


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war was a vital weapon in order to widen the territory It presents a philosophy of war for managing conflicts

and winning battles.

Forthe last two thousand years it remained the mostimportant military treatise in Asia, where even the

common people knew it by name."

It has had an influence on Eastern and Westernmilitary thinking, business tactics, legal strategy, andbeyond.


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Carl von Clausewitz - On War

a practical field soldier with extensive combatexperience against the armies of the

Revolutionary France

a staff officer with political and militaryresponsibilities at the very centre of the

Prussian state a prominent military educator.


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His work combines observations on strategywith questions about human nature and the

purpose of war

especially examines the teleology of war:whether war is a means to an end outside

itself or whether it can be an end in itself.

He concludes that the latter cannot be so,and that war is "politics by different means";i.e. that war must not exist only for its own

sake. It must serve some purpose for the

state.


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Waris nothing but a duel on a larger scale.Countless duels go to make up war, but a

picture of it as a whole can be formed by

imagining a pair of wrestlers. Each triesthrough physical force to compel the other to

do his will; his immediate aim is to throw his

opponent in order to make him incapable offurther resistance.

War is thus an act of force to compel ourenemy to do our will.


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These are some of thought regarding themeaning of war ,other than that he also shared

his view regarding the purpose and means in

war in which we can now see that in war manyroads lead to success, and that they do not all

involve the opponent's outright defeat.

They range from the destruction of the enemy'sforces, the conquest of his territory, to a

temporary occupation or invasion, to projects

with an immediate political purpose, and finally

to passively awaiting the enemy's attacks.


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WAR AND WARFARE

The most significance warfare would be conventionalwarfare, unconventional warfare, nuclear warfare,

asymmetric warfare, and chemical warfare.

Conventional warfare is when either party, without usingany nuclear, biological or chemical weapons but usingconventional weapon instead such as small arms, which

generally aim to reduce opponents military capability upon a

direct confrontation. In contrast, unconventional warfare is an attempt to

achieve military victory through acquiescence, capitulation,

or clandestine support for one side of an existing conflict.


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WAR AND WARFARE

The usage of nuclear weapons as a major method to inflictdamage to the opposition is call nuclear warfare.

Civil warfare usually involves fight between two partiesunder one nation for a control or independence. Other than that, there is also asymmetric warfare in whichwhen both parties military capabilities level is not on par. At

the same time usually, the party with more power will use

unconventional warfare tactics. Last but not least, chemical warfare is a technique of

spreading air pollution on purpose such as poison gas.


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INDEPENDENCE

INDEPENDENCE is a condition of a country, nation or statein which its residents and population or some portion thereof,

exercising self-government and are usually sovereignty, over

the territory.


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INDEPENDENCE

There has always been a debate on how the attainment ofindependence is different from revolution, whether the

violence is a legitimate means in achieving sovereignty.

While some revolutions only seeks in achieving nationalindependence, others seeks in redistributing power with orwithout an element of emancipation


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INDEPENDENCE

Autonomy is a type of independence which has been grantedby an authority that still in retaining of ultimate territory.

Protectorate refers to an autonomous region that dependsupon government that is bigger for its protection as

autonomous region.

Independence is typically celebrated as national holiday.


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POSITIVIST

John Austin

Law is a type of command

It is laid down by a political sovereign

It is enforceable by sanction


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Law of war

is a body of law concerning acceptablejustifications to engage in war (jus ad bellum)

limits to acceptable wartime conduct (jus inbello or International humanitarian law).


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Some of the central principles underlying laws of

war are:

Wars should be limited to achieving the politicalgoals that started the war (e.g., territorial control)and should not include unnecessary destruction.

Wars should be brought to an end as quickly aspossible.

People and property that do not contribute to thewar effort should be protected against

unnecessary destruction and hardship.


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To this end, laws of war are intended to

mitigate the hardships of war by:

Protecting both combatants andnoncombatants from unnecessary

suffering.

Safeguarding certain fundamental humanrights of persons who fall into the hands of

the enemy, particularly prisoners of war,the wounded and sick, and civilians.

Facilitating the restoration of peace.


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War

There no definite reason as why a certaingovernment choose war

However in that particular government view, itwill include for the sake of improving thecountry itself or protecting or defending from

the opponent attack


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Thus, in positivist view there is an acceptablejustifications to engage in war and limits to

acceptable wartime conduct


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NATURALIST

Thomas Acquinas

Positive law that violates natural law is nottrue law

An unjust law is not a true law, in a whichunjust is defines as contrary to natural law.


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War

In a typical war, there will always be extremeagression, social disruption and high mortality

It will affect physical, verbal, mental andemotional aspect of a human being

A human being should live their lifepeacefully

Thus, war is against natural law Hence, against Thomas Acquinas view


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Independence

Everyone would want to live freely, wherethey can choose what to do without any

outside influence.

Even though such free-state is up to acertain limitation, living life peacefully is what

everyone would want, thus in line with natural

law Therefore, Thomas Acquinas will support


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UTILTARIANIST

JeremyBentham

- "The greatest good for the greates number of

people"

-"nature has placed mankind under the

governanance of 2 sovereign masters, pain

and pleasure


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WAR

Utilitariaist view may be in favour and against war. If war bring more harm than good. It strip off a person

life, or family and destroy their properties. The majority

will definitely be in deprived state, converse with greatest

hapiness to greatest number of people. In addition war

wil bring more pain than pleasure.Thus, utilitarianist will

go against war.

However, if a war was meant to be for the futureupbringing of the country, utilitarianist may in favour towar.


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UTUTILITARIANIST ON

INDEPENDENCE

- In general, Utilitarianist can be said in favour

with independence, since independence in it

literal meaning is a good thing for the society.

- However up to a point, this depends due to

the fact that at what extent a society is said to

be in an independence state.For example New Zealand.


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ISLAMIST VIEW ON WAR

"Eliminate evil from the heart of others by uprooting it from yourheart."


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War may become necessary only to stop evil from triumphing in a waywould corrupt the earth (Quran 2:251). For Muslims to participate inwar there must be valid justifications, and strict conditions must befulfilled. A thorough survey of the relevant verses of the Qur'an shows

that it is consistent throughout with regard to these rulings on thejustification of war, and its conduct, termination and consequences.

War in Islam as regulated by the Qur'an and hadith has been subject tomany distortions by Western scholars and even by some Muslimwriters. These are due either to misconceptions about terminology or -

above all -using quotations taken out of context.2 Nowhere in the Quranis changing people's religion given as a cause for waging war. TheQur'an gives a clear instruction that there is no compulsion in religion(Quran 2:256). It states that people will remain different (Quran11:118), they will always have different religions and ways and this isan unalterable fact (Quran 5:48) - God tells the Prophet that most

people will not believe"even if you are eager that they should"(Quran12:103).3


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All the battles that took place during the Prophet's lifetime, underthe guidance of the Qur'an and the Prophet, have been surveyed andshown to have been waged only in self-defense or to pre-empt an

imminent attack.4

For more than ten years in Mecca, Muslims werepersecuted, but before permission was given to fight they wereinstructed to restrain themselves (Quran 4:77) and endure with

patience and fortitude:

Pardon and forgive until God gives his command. Quran 2:109; seealso 29:59; 16:42

Here, war is seen as justifiable and necessary to defend people's right totheir own beliefs, and once the believers have been given victory theyshould not become triumphant or arrogant or have a sense of being a

superpower, because the promise of help given above and the rewardsare for those who do not seek to exalt themselves on earth or spreadcorruption (Quran 28:83).


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War is the worst thing known to mankind .War is the worst thing known tomankind throughout his long history. It brings about the killing and maiming of

human beings, the loss of their powers and their disfigurement. It also causes the

destruction of civilisations, stirs up hatred and resentments amongst people, andpasses psychological problems on to future generations. It also causes the fighters

to become prisoners of war. For these reasons, war must be avoided at all costs and

if war becomes necessarybecause the enemy has forced the situationit is

imperative that war should be limited to the least degree of necessity. It is also

imperative that humanity in general put an end to wars finally so that they do not

occur in the future.

War is an illness


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A group of religious scholars have said that war in itself is bad and uglybecause it entails the killing of people and destruction. The Holy Quran

supports this in the following verse:

{Fighting is prescribed upon you though ye dislike it. But it is possible thatyou dislike a thing that is good for you and that youlove a thing that is bad

for you. Allah knoweth and you knoweth not.}

On the surface, this verse shows that if fighting were a natural thing thenAllah would not have said: {though ye dislike it.}. Therefore, war is asocial phenomenon brought about by corrupt instincts and not something

natural in humanity.


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Look also at this hadith related by Imam al-Saadiq (A) who said:The Messenger of Allah when he wanted to send out a troop he calledthem and bid them sit before him. He then said to them: Go out in the

name of Allah and by Allah and in the way of Allah and according tothe religion of the Messenger of Allah. Do not handcuff or tie up (the

prisoners of war), do not mutilate (even the dead), and do not betraypeople. Do not kill the old man, the child or the woman, and do not cutdown a single tree except when you are forced to do so. And if any

Muslim be he lofty or lowly gives a man of the Polytheists sanctuary,then his safety must be secured so that he hears the word of Allah. If hefollows you then he is your brother in religion. If he refuses then givehim his sanctuary and seek the help of Allah regarding him.


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In an account on the occasion of war, Imam Amir-ul-Mumineen (A)advised the Muslims saying:

Commit yourselves to prayer and guard your prayers and pray much. Seeknearness to Allah through it for it is a duty of the Muslims at prescribedtimes.

He also used to say: Do not fight them until they begin to fight you.


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Aggression is Forbidden. Fighting is permitted

only in self-defence.

The Quranic verses on this are very clear. Godrepeats, "do not aggress", multiple times. Only if

attacked, is one permitted to fight back. If the other

party refrains from aggression and offers one peace,

we are told to stop fighting.


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Rules of War*

[2:190] You may fight in the cause of GOD against those who attackyou, but do not aggress. GOD does not love the aggressors.

[2:191] You may kill those who wage war against you, and you may evict

them whence they evicted you. Oppression is worse than murder. Do not

fight them at the Sacred Masjid, unless they attack you therein. If they

attack you, you may kill them. This is the just retribution for those

disbelievers.[2:192] If they refrain, then GOD is Forgiver, Most Merciful.

[2:193] You may also fight them to eliminate oppression, and to worship

GOD freely. If they refrain, you shall not aggress; aggression is permitted

only against the aggressors.


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*2:190 All fighting is regulated by the basic rule in 60:8-9. Fighting isallowed strictly in self-defense, while aggression and oppression are

strongly condemned throughout the Quran.

[5:87] O you who believe, do not prohibit good things that are madelawful by GOD, and do not aggress; GOD dislikes the aggressors.

[8:61] If they resort to peace, so shall you, and put your trust in GOD.He is the Hearer, the Omniscient.

[4:90] ... if they leave you alone, refrain from fighting you, and offeryou peace, then GOD gives you no excuse to fight them.
http://www.submission.info/quran/noframes/ch60.htmlhttp://www.submission.info/quran/noframes/ch60.htmlhttp://www.submission.info/quran/noframes/ch60.htmlhttp://www.submission.info/quran/noframes/ch60.html


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Application :

Based on the dalil and hadith, we found that Islam does not

favor War and if it is really needed to be done then only it

shall be done.

War is the last solution. Islam does not favor violence andoppression. That is why war is the least favorable thing to do.


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Allah SWT did stated that have war in the Go out in the name of Allah and byAllah and in the way of Allah and that dont have war for old man, women and

children.

Islam prohibits against any violence to these three categories of people. If youwish to war , war with the enemy that is of the same size or strength with you.

Islam also prohibits us from initiating the war first. Only if we are beingattacked then we may fight back for self defense.

Islam does not teaches us to have war without no valid reason. This means, war is a worst thing known to mankind and that Allah prohibits us

to start the war first without any valid reason.

Furthermore, war is an illness. More of the innocent lives are taken awayeveryday.

Therefore, it is highly recommended that war is the last resort in resortingproblems between people.


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