Just war theory: Difference between revisions - Wikipedia


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A leading humanist writer after the Reformation was legal theorist [[Hugo Grotius]], whose [[Hugo_Grotius#De_Jure_Belli_ac_Pacis|''De jura belli ac pacis'']] re-considered Just War and fighting wars justly.

====Natural rights theory====

{{See also|self-ownership|Right to revolution|Right to resist}}

In the [[Second Treatise on Government]], John Locke (1632 – 1704) explains that a government goes to war against it's own subjugates, when it is unjustly using force against it's own people. Locke references the [[non-aggression principle]] (NAP) by stating that unjust force can be opposed with force. <ref name=locke>{{cite web|website=Second treatise on government, Book II|year=1689|author=John Locke|title=State of Nature (Chapter 2.6)|url=https://oll-resources.s3.us-east-2.amazonaws.com/oll3/store/titles/222/0057_Bk.pdf}} Citation (B2,C13,P155) "I say, using force upon the people without authority, and contrary to the trust put in him that does so, is a state of war with the people, who have a right to reinstate their legislative in the exercise of their power: for having erected a legislative, with an intent they should exercise the power of making laws, either at certain set times, or when there is need of it, when they are hindered by any force from what is so necessary to the society, and wherein the safety and preservation of the people consists, the people have a right to remove it by force. In all states and conditions, the true remedy of force without authority, is to oppose force to it. The use of force without authority, always puts him that uses it into a state of war, as the aggressor, and renders him liable to be treated accordingly."</ref> [[Thomas Jefferson]], and [[George Mason]] took inspiration from Locke's natural rights theory when formulating resp. the [[United States Declaration of Independence]] and the [[Virginia Declaration of Rights]], when they refer to the right to abolish government. [[Natural rights]] theory includes principles for [[sovereignty]] claims and the NAP. Natural rights theory is not treaty law because the latter presupposes the principles of the former. It would be a [[performative contradiction]] to assume any treaty law could be fundamental law. These principles properly belongs to [[customary international law]].

==== First World War ====