Dalla guerra giusta alla guerra legale?

Human nature is linked to the artifice, which for man is nature, as the platonic myth of Epimetheus and Prometheus already shows. And war gives great proof of the natural human abilities concerning artifice: wars are won more by artifice than by courage. War is therefore first and foremost a technic...

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Auteur principal: Luciani, Massimo
Format: Article ou chapitre numérique
Langue:Italien
Publié: Teoria politica 2023
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Accès en ligne:Accès Université d'Orléans et IFPM
id openedition-oai:revues.org:tp_2340
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spelling openedition-oai:revues.org:tp_2340 it https://journals.openedition.org/tp/2340 2023-06-19T02:00:00Z info:eu-repo/semantics/openAccess article info:eu-repo/semantics/article urn:handle:20.500.13089/lhbp All rights reserved Dalla guerra giusta alla guerra legale? Teoria politica Rosenberg & Sellier info:eu-repo/semantics/reference/issn/1972-5477 info:eu-repo/semantics/reference/issn/0394-1248 URI:https://journals.openedition.org/tp Luciani, Massimo War Law Ethics Risk Nuclear Human nature is linked to the artifice, which for man is nature, as the platonic myth of Epimetheus and Prometheus already shows. And war gives great proof of the natural human abilities concerning artifice: wars are won more by artifice than by courage. War is therefore first and foremost a technical affair, but it has always been the subject of study also in an ethical perspective. The doctrine of just war assumes precisely this perspective and, starting from the implicit premise of the inevitability of war, preaches its limitation. The discussion about just war has led Western thought from a first long phase, focused on the question of ius ad bellum, to a more recent and a brief one, focused on ius in bello and ius post bellum, to arrive to a last one in which, for objective reasons, neither the first nor the second question makes really sense anymore. This is, in particular, the current phase in which the risk of a nuclear war is always existing and in the presence of which the formula of the «just war» no longer has any meaning. Rather than looking for the just war, one should, if anything, think about the characteristics of a «lawful» war, that is, of a war respectful of the international norms and of the constitutional burdens of each country.
collection OpenEdition Journal
language Italien
format Article ou chapitre numérique
building 0/Bibliothèque numérique/
1/Bibliothèque numérique/OpenEdition Journals/
topic War
Law
Ethics
Risk
Nuclear
spellingShingle War
Law
Ethics
Risk
Nuclear
Luciani, Massimo
Dalla guerra giusta alla guerra legale?
description Human nature is linked to the artifice, which for man is nature, as the platonic myth of Epimetheus and Prometheus already shows. And war gives great proof of the natural human abilities concerning artifice: wars are won more by artifice than by courage. War is therefore first and foremost a technical affair, but it has always been the subject of study also in an ethical perspective. The doctrine of just war assumes precisely this perspective and, starting from the implicit premise of the inevitability of war, preaches its limitation. The discussion about just war has led Western thought from a first long phase, focused on the question of ius ad bellum, to a more recent and a brief one, focused on ius in bello and ius post bellum, to arrive to a last one in which, for objective reasons, neither the first nor the second question makes really sense anymore. This is, in particular, the current phase in which the risk of a nuclear war is always existing and in the presence of which the formula of the «just war» no longer has any meaning. Rather than looking for the just war, one should, if anything, think about the characteristics of a «lawful» war, that is, of a war respectful of the international norms and of the constitutional burdens of each country.
author Luciani, Massimo
author_facet Luciani, Massimo
author_sort Luciani, Massimo
title Dalla guerra giusta alla guerra legale?
title_short Dalla guerra giusta alla guerra legale?
title_full Dalla guerra giusta alla guerra legale?
title_fullStr Dalla guerra giusta alla guerra legale?
title_full_unstemmed Dalla guerra giusta alla guerra legale?
title_sort dalla guerra giusta alla guerra legale?
publisher Teoria politica
publishDate 2023
container_title URI:https://journals.openedition.org/tp
url https://ezproxy.univ-orleans.fr/login?url=https://journals.openedition.org/tp/2340
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