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  • Essay / History of the Law of Nations - 1216

    “All is fair in love and in war,” says the adage, but it is an adage too often quoted but too little thought through. War is one of the few things where the question of whether the ends justify the means is never absolutely settled. Indeed, the means are often things and actions which, outside the context of war, would almost automatically become immoral. We are immediately reminded of Sherman's famous quote – “war is hell” – in which he referred to the reality of war as an age of absolute moral anarchy, where right or wrong is not determined by arbitrary values, but by necessity and opportunity (Hobbes, 2011). ). It is, according to realist discourse, a time when “the law is silent” (Walzer, 1977, p. 3). But the silence of the law could very well mean its absence: war is a matter between two states, and perhaps the amorality of war simply means its lack of moderation or control. This article will discuss international law, primarily through Walzer's perspective, and describe the functions, requirements and contexts of effective international laws, in light of moral-philosophical discourse. The article, in essence, will be a critique of realistic international laws as theorized, primarily within the Hobbesian framework, where moral assessments are evaluated without regard to cultural context and deliberations; moral value is nothing other than the material interest of nations. In light of this, the article will (1) argue for the need for moral dialogue by upholding Walzer's critique of Leviathan utilitarianism in the international arena, and (2) highlight the need for cultural and context in the development of international law, primarily through the post-positivist legal critique of Morgenthau. Walzer launches his own tirade against the...... middle of paper ...... of international law, vol. 34, no. 2, pp. 260-284. Mueller, NE 2006, 'Michael Walzer on the Moral Legitimacy of States and the Morality of Wartime Murder', Master's thesis, Virginia Polytechnic Institute and State University. Oppenheim, L 1908, “The science of international law: its task and its method”, The American Journal of International Law, vol. 2, no. 2, pp. 313-356. Schell, O 1997, “Bearing Witness”, The New York Times, December 14, [online] Available at: [Accessed February 19, 2014].Shaw, WH 2011, “Utilitarianism and Resort to War”, Utilitas, vol. 23, no. 4, pp. 380-401. “Social contract theory”, Internet Encyclopedia of Philosophy, nd, [online] Available at: [Consulted February 19, 2014]. Walzer, M 1977, Just and Unjust Wars, 4th ed., Basic Books, New York.