Note: Introduction and table of contents here.
The third criterion of Jus ad bellum is Legitimate Authority.
Definition: Legitimate Authority: Only duly constituted public authorities may use deadly force or wage war;
Evaluation: Distinct evaluations are not necessary here. By any traditional standard, the United States government, its military, and other government organizations meet the "duly constituted public authority" standard. I have not yet read or heard a compelling argument otherwise, apart from those that would argue against ANY "public" authority being duly constituted. While that argument may have its merits, it pretty much renders this entire discussion moot, as it attacks some of the presuppositions upon which Just War Theory is founded. Some may think the existence of the United Nations and our participation in it renders them a superseding public authority. I am not one of those people.
Conclusion: The United States government has the Legitimate Authority to wage war, as long as such war meets the other criteria for a Just War.
Next chapter: Right Intention
Posted by RobbL at January 9, 2006 09:37 AMThe United States government has the Legitimate Authority to wage war, as long as such war meets the other criteria for a Just War.
Agreed. But, as you state, it is the legit auth to wage war, not the exclusive authority in evaluating its justness. Therefore, simply because the US gov believes it has met the criteria does not mean it has in fact been met, nor does it mean anyone else has to defer their judgment on the justness of the war to the US gov. Not that I am accusing you having made such claim, but I have seen others make that argument (that legit auth means you have to defer your judgment to the gov).
Posted by: c matt at January 12, 2006 01:20 PMRight - the other pieces of my evaluation deal with those issues. This post was only intended to evaluate the "Legitimate Authority" issue.
Posted by: Monkey RobbL at January 12, 2006 09:39 PM