Books by Christopher Finlay
The words 'rebellion' and 'revolution' have gained renewed prominence in the vocabulary of world ... more The words 'rebellion' and 'revolution' have gained renewed prominence in the vocabulary of world politics and so has the question of justifiable armed 'resistance'. In this book Christopher J. Finlay extends just war theory to provide a rigorous and systematic account of the right to resist oppression and of the forms of armed force it can justify. He specifies the circumstances in which rebels have the right to claim recognition as legitimate actors in revolutionary wars against domestic tyranny and injustice and wars of liberation against wrongful foreign occupation and colonialism. Arguing that violence is permissible only in a narrow range of cases, Finlay shows that the rules of engagement vary during and between different conflicts and explores the potential for irregular tactics to become justifiable, such as non-uniformed guerrillas and civilian disguise, the assassination of political leaders and regime officials, and the waging of terrorist war against civilian targets.
Papers by Christopher Finlay
Ethics & International Affairs, 2021
Proponents of nonviolent tactics often highlight the extent to which they rival arms as effective... more Proponents of nonviolent tactics often highlight the extent to which they rival arms as effective means of resistance. Erica Chenoweth and Maria Stephan, for instance, compare civil resistance favorably to armed insurrection as means of bringing about progressive political change. In Ethics, Security, and the War-Machine, Ned Dobos cites their work in support of the claim that similar methods—organized according to Gene Sharp's idea of “civilian-based defense”—may be substituted for regular armed forces in the face of international aggression. I deconstruct this line of pacifist thought by arguing that it builds on the wrong binary. Turning away from a violence-nonviolence dichotomy structured around harmfulness, I look to Richard B. Gregg and Hannah Arendt for an account of nonviolent power defined by non-coercion. Whereas nonviolent coercion in the wrong hands still has the potential to subvert democratic institutions—just as armed methods can—Gregg's and Arendt's conc...
Ethics, 2019
The full-text may be used and/or reproduced, and given to third parties in any format or medium, ... more The full-text may be used and/or reproduced, and given to third parties in any format or medium, without prior permission or charge, for personal research or study, educational, or not-for-prot purposes provided that: • a full bibliographic reference is made to the original source • a link is made to the metadata record in DRO • the full-text is not changed in any way The full-text must not be sold in any format or medium without the formal permission of the copyright holders.
Journal of Ethics, 2023
This paper argues that the reason why political leadership often involves dirty hands is because ... more This paper argues that the reason why political leadership often involves dirty hands is because of its relationship with violence. To make the case, it maintains that violent means create and assert a form of dominating power that is in tension with the proper ends of political action. This power casts a wide shadow, frequently dominating large numbers of non-targets and empowering unscrupulous agents. On the other side of the balance, characteristically political justifications for violence are ‘supra-moral,’ meaning that they are motivated by the value of a conception of morality taken as a whole (or, indeed, morality as such) rather than by any particular moral value. The weight that ought to be given to such ends is indeterminate in a way that makes uncancelled remainders arising from the evil of violence likely in many cases.
Law and Philosophy
Benbaji and Statman’s contractarian ethics of war offers a powerful new philosophical defence of ... more Benbaji and Statman’s contractarian ethics of war offers a powerful new philosophical defence of orthodox conclusions against revisionist criticism. I present a two-pronged argument in reply. First, contractarianism yields what I call ‘decent war theory,’ a theory in which war between decent states is paradigmatic. I argue, by contrast, that states should treat wars against indecent states as paradigmatic, resulting in a Rawlsian alternative that issues in an ethics closer to revisionism. The second prong argues that the symmetrical international distribution of power required by contractarianism throws into doubt the viability of war as an instrument for securing just ends. But I argue that there is a very important lesson to take from Benbaji and Statman’s analysis here. Even if contractarianism is arguably weakened by its political assumptions, revisionists frequently fail to pay any attention to the vagaries of power and their effects in shaping the outcomes of different account...
Journal of Applied Philosophy, 2020
The full-text may be used and/or reproduced, and given to third parties in any format or medium, ... more The full-text may be used and/or reproduced, and given to third parties in any format or medium, without prior permission or charge, for personal research or study, educational, or not-for-prot purposes provided that: • a full bibliographic reference is made to the original source • a link is made to the metadata record in DRO • the full-text is not changed in any way The full-text must not be sold in any format or medium without the formal permission of the copyright holders.
Thesis Eleven, 2009
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Criminal Law and Philosophy, 2017
This article challenges the tendency exhibited in arguments by Michael Ignatieff, Jeremy Waldron,... more This article challenges the tendency exhibited in arguments by Michael Ignatieff, Jeremy Waldron, and others to treat the Law of Armed Conflict (LOAC) as the only valid moral frame of reference for guiding (and judging) armed rebels with just cause. To succeed, normative language and principles must reflect not only the wrongs of 'terrorism' and war crimes, but also the rights of legitimate rebels. However, these do not always correspond to the legal privileges of combatants. Rebels are often unlikely to gain belligerent recognition and might sometimes have strong moral reasons to exceed the rights of regular combatants. Where this gives rise to tensions between morality and the LOAC, a decision is needed to determine which to follow. Setting aside the idea of (a) suppressing just war theory altogether in favour of a more purely regulatory approach to war and (b) reforming law in the direct light of moral theory, I question the attempt by Waldron (among others) (c) to argue that moral weight of the legal conventions at the heart of the LOAC trump any moral reasons there might be for breaching them. Even if noncombatant immunity is, as Waldron suggests, a deadly serious convention, I argue that war is justified only if pursued for the sake of deadly serious causes which may even be serious enough to oblige agents to break the law. A political theory of the ethics of war is needed (d) to mediate between the moral and legal in such cases where they cannot be reconciled directly. Keywords Rebellion Á Terrorism Á Deadly serious conventions Á Non-combatant immunity Á War crimes Á Just war theory Á Michael Ignatieff Á Jeremy Waldron An earlier draft of this paper was presented at the annual meeting of the International Studies Association in Atlanta, Georgia, March 2016. I would like to thank my fellow panellists at the conference, Pål Wrange, Jens Bartelson, and Jonathan Parry, for discussion during the conference and both Jens and Alejandro Chehtman for written comments afterwards.
Ethics & International Affairs, 2017
If people have a right to rebel against domestic tyranny, wrongful foreign occupation, or colonia... more If people have a right to rebel against domestic tyranny, wrongful foreign occupation, or colonial rule, then the normative principles commonly invoked to deal with civil conflicts present a problem. While rebels in some cases might justifiably try to secure human rights by resort to violence, the three normative pillars dealing with armed force provide at best only a partial reflection of the ethics of armed revolt. This article argues that (first) the concept of “terrorism” and the ongoing attempt to define it in international law, (second) the laws of war and their application to armed conflict, and (third) the Responsibility to Protect all obscure as much as clarify the problem. Given the prevalence of political oppression and the occurrence of civil conflicts originating in attempts to confront it, there is therefore a pressing need to establish a place for the rights of rebellion in the international normative architecture.
Review of International Studies, 2016
How do members of the general public come to regard some uses of violence as legitimate and other... more How do members of the general public come to regard some uses of violence as legitimate and others as illegitimate? And how do they learn to use widely recognised normative principles in doing so such as those encapsulated in the laws of war and debated by just war theorists? This article argues that popular cinema is likely to be a major source of influence especially through a subgenre that I call ‘Just War Cinema’. Since the 1950s, many films have addressed the moral drama at the centre of contemporary Just War Theory through the figure of the enemy in the Second World War, offering often explicit and sophisticated treatments of the relationship between thejus ad bellumand thejus in bellothat anticipate or echo the arguments of philosophers. But whereas Cold War-era films may have supported Just War Theory’s ambitions to shape public understanding, a strongly revisionary tendency in Just War Cinema since the late 1990s is just as likely to thwart them. The potential of Just War C...
European Journal of Political Theory, 2006
The purpose of this article is to explore the relationship between revolution and violence in Mar... more The purpose of this article is to explore the relationship between revolution and violence in Marxism and in a series of texts drawing on Marxian theory. Part 1 outlines the basic normative frameworks which determine the outer limits of permissible violence in Marxism. Part 2 presents a critical analysis of a series of later discussions - by Sorel, Fanon and Žižek - which transformed the terms in which violence was discussed by developing one particular aspect of Marxist thought. By teasing out the implications of revolutionary theory for the commission and permission of violence, it is possible to specify those points at which it tends towards excess. This in turn points towards limits that an adequate normative theory of revolutionary violence should establish.
The ability of international ethics and political theory to establish a genuinely critical standp... more The ability of international ethics and political theory to establish a genuinely critical standpoint from which to evaluate uses of armed force has been challenged by various lines of argument. On one, theorists question the narrow conception of violence on which analysis relies. Were they right, it would overturn two key assumptions: first, that violence is sufficiently distinctive to merit attention as a category separate from other modes of human harming; second, that it is troubling in a special way that makes acts of violence peculiarly hard to justify. This paper defends a narrow understanding of violence and a special ethics governing its use by arguing that a distinctive form of ‘Violent Agency’ is the factor uniting the category while partly accounting for the fearful connotations of the term. Violent Agency is defined first by a double intention [1] to inflict harm using a technique chosen [2] to eliminate or evade the target’s means of escaping it or defending against it...
International Theory, 2017
The ability of international ethics and political theory to establish a genuinely critical standp... more The ability of international ethics and political theory to establish a genuinely critical standpoint from which to evaluate uses of armed force has been challenged by various lines of argument. On one, theorists question the narrow conception of violence on which analysis relies. Were they right, it would overturn two key assumptions: first, that violence is sufficiently distinctive to merit attention as a category separate from other modes of human harming; second, that it is troubling in a special way that makes acts of violence peculiarly hard to justify. This paper defends a narrow understanding of violence and a special ethics governing its use by arguing that a distinctive form of ‘Violent Agency’ is the factor uniting the category while partly accounting for the fearful connotations of the term. Violent Agency is defined first by a double intention (1) to inflict harm using a technique chosen (2) to eliminate or evade the target’s means of escaping it or defending against it...
Philosophy & Technology
Recent debate on the relationship between cyber threats, on the one hand, and both strategy and e... more Recent debate on the relationship between cyber threats, on the one hand, and both strategy and ethics on the other focus on the extent to which ‘cyber war’ is possible, both as a conceptual question and an empirical one. Whether it can is an important question for just war theorists. From this perspective, it is necessary to evaluate cyber measures both as a means of responding to threats and as a possible just cause for using armed kinetic force. In this paper, I shift the focus away from ‘war’ as such in order to ask whether some cyber threats might justifiably be characterized as a form of ‘violence.’ Some theorists argue that the term violence ought to be defined so as to encompass things like ‘structural’ harm or harm by neglect and thereby question implicitly the focus of just war theorists on armed force. This paper draws on a theory of violence I developed elsewhere as a defence of just war theory’s narrow understanding of violence. According to the ‘Double-Intent’ theory, a distinctive form of ‘Violent Agency’ is the factor uniting the category of violence while partly accounting for the peculiar moral connotations of the term. Here, I argue that the resulting definition of violence reshapes the category in a way that includes some forms of cyber-attack. This may help us to see where cyber might fit in relation to just war theory and the ethics of kinetic attack.
If people have a right to rebel against domestic tyranny, wrongful foreign occupation, or colonia... more If people have a right to rebel against domestic tyranny, wrongful foreign occupation, or colonial rule, then the normative principles commonly invoked to deal with civil conflicts present a problem. While rebels in some cases might justifiably try to secure human rights by resort to violence, the three normative pillars dealing with armed force provide at best only a partial reflection of the ethics of armed revolt. This article argues that (first) the concept of “terrorism” and the ongoing attempt to define it in international law, (second) the laws of war and their application to armed conflict, and (third) the Responsibility to Protect all obscure as much as clarify the problem. Given the prevalence of political oppression and the occurrence of civil conflicts originating in attempts to confront it, there is therefore a pressing need to establish a place for the rights of rebellion in the international normative architecture.
The ability of international ethics and political theory to establish a genuinely critical standp... more The ability of international ethics and political theory to establish a genuinely critical standpoint from which to evaluate uses of armed force has been challenged by various lines of argument. On one, theorists question the narrow conception of violence on which analysis relies. Were they right, it would overturn two key assumptions: first, that violence is sufficiently distinctive to merit attention as a category separate from other modes of human harming; second, that it is troubling in a special way that makes acts of violence peculiarly hard to justify. This paper defends a narrow understanding of violence and a special ethics governing its use by arguing that a distinctive form of ‘Violent Agency’ is the factor uniting the category while partly accounting for the fearful connotations of the term. Violent Agency is defined first by a double intention (1) to inflict harm using a technique chosen (2) to eliminate or evade the target’s means of escaping it or defending against it. Second, the harms it aims at are destructive (as opposed to appropriative). The analysis offered connects the concept of violence to themes in international theory such as vulnerability, security, and domination, as well as the ethics of war.
DOI: http://dx.doi.org/10.1017/S0260210516000255
How do members of the general public come to re... more DOI: http://dx.doi.org/10.1017/S0260210516000255
How do members of the general public come to regard some uses of violence as legitimate and others as illegitimate? And how do they learn to use widely recognized normative principles in doing so such as those encapsulated in the laws of war and debated by just war theorists? This paper argues that popular cinema is likely to be a major source of influence especially through a subgenre that I call ‘Just War Cinema.’ Since the 1950s, many films have addressed the moral drama at the centre of contemporary Just War Theory through the figure of the enemy in World War II, offering often explicit and sophisticated treatments of the relationship between the jus ad bellum and the jus in bello that anticipate or echo the arguments of philosophers. But whereas Cold War era films may have supported Just War Theory’s ambitions to shape public understanding, a strongly revisionary tendency in Just War Cinema since the late 1990s is just as likely to thwart them. The potential of Just War Cinema to vitiate efforts to shape wider attitudes is a matter that both moral philosophers and those concerned with disseminating the law of war ought to pay close attention to.
Critics of non-uniformed ‘irregular’ warfare argue that it is unfair both to non-combatants and t... more Critics of non-uniformed ‘irregular’ warfare argue that it is unfair both to non-combatants and to enemy ‘regulars’. I dispute this view by outlining the ‘problem of in bello justice’, which concerns how the leaders of a people forced to fight a just war should distribute risks within their own population. In so far as all are the victims of aggression or unjust occupation, I argue, no citizens on the just side are morally liable to attack. But to benefit from the restraining effects of discrimination, some members must be rendered legally liable. Political leaders must therefore find the most appropriate distribution of the risk of harm: first, by deciding which and how many citizens to select as ‘combatants’; and second, by specifying how far to distance combatants from civilians. I identify four normative considerations that must be taken into account: each possible arrangement must (1) fulfil basic requirements of fairness domestically; then, between equally fair arrangements, leaders ought to determine which offers the most auspicious balance between (2) the goal of survival (of the society and as many of its members as possible) and (3) the goal of winning and, hence, eliminating the injustices that caused the war; finally (4) the arrangement should not be unfair to enemy combatants. On this basis, I argue that in spite of the increased risks it poses to civilians, limited ‘irregular’ warfare might be deployed legitimately against occupiers where using uniforms would render insurgents vulnerable to targeted assassination or arrest prior to actual combat.
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Books by Christopher Finlay
Papers by Christopher Finlay
How do members of the general public come to regard some uses of violence as legitimate and others as illegitimate? And how do they learn to use widely recognized normative principles in doing so such as those encapsulated in the laws of war and debated by just war theorists? This paper argues that popular cinema is likely to be a major source of influence especially through a subgenre that I call ‘Just War Cinema.’ Since the 1950s, many films have addressed the moral drama at the centre of contemporary Just War Theory through the figure of the enemy in World War II, offering often explicit and sophisticated treatments of the relationship between the jus ad bellum and the jus in bello that anticipate or echo the arguments of philosophers. But whereas Cold War era films may have supported Just War Theory’s ambitions to shape public understanding, a strongly revisionary tendency in Just War Cinema since the late 1990s is just as likely to thwart them. The potential of Just War Cinema to vitiate efforts to shape wider attitudes is a matter that both moral philosophers and those concerned with disseminating the law of war ought to pay close attention to.
How do members of the general public come to regard some uses of violence as legitimate and others as illegitimate? And how do they learn to use widely recognized normative principles in doing so such as those encapsulated in the laws of war and debated by just war theorists? This paper argues that popular cinema is likely to be a major source of influence especially through a subgenre that I call ‘Just War Cinema.’ Since the 1950s, many films have addressed the moral drama at the centre of contemporary Just War Theory through the figure of the enemy in World War II, offering often explicit and sophisticated treatments of the relationship between the jus ad bellum and the jus in bello that anticipate or echo the arguments of philosophers. But whereas Cold War era films may have supported Just War Theory’s ambitions to shape public understanding, a strongly revisionary tendency in Just War Cinema since the late 1990s is just as likely to thwart them. The potential of Just War Cinema to vitiate efforts to shape wider attitudes is a matter that both moral philosophers and those concerned with disseminating the law of war ought to pay close attention to.