Document Type : Research Paper

Authors

• maziyar khademi ¹
• alimohammad fallahzadeh ²

¹ PhD student in Public Law, Faculty of Law and Political Science, Allameh Tabatabai University, Tehran, Iran

² associate prof of public law in Alla,me university

Abstract

War is the oldest and most important thing that requires a human being to think normatively. The theory of just war as a normative theory has been the most serious and influential intellectual tradition of war since Aristotle ever. In contemporary times, Michael Walzer is the most significant and prominent theorist in this intellectual tradition. Walzer took himself to be providing a philosophical explanation of a view which has a long historical precedent (both in theory and in the practice of war) and importantly is codified in the Laws of Armed Conflict. In this regard, his methodology is historical and theoretical basis are a common understanding of morality. Walzer's theory, which is base for modern just war theory, is based on the Hegelian premises. Anyway, the present study, by descriptive and analytical method, attempts to show that the modern just war theory by Hegelianism (in Premises and methodology) is morally defective and legaly positivistic. For this, first, by analyzing the historical context, forms the conceptual context of theory and then review the theory and Hegelian premises and methodology

Keywords

• "
• Law"
• ,, "
• Common Morality"
• , "
• War, "
• Walzer"
• ,"
• legitimate War Theory "

Main Subjects

• Political Science