Chapter Eight: Terrorism and Civil Liberties

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Chapter Eight:
War, Terrorism
and Civil Liberties
Review
Applying Ethics: A Text with Readings (10th ed.)
Julie C. Van Camp, Jeffrey Olen, Vincent Barry
Cengage Learning/Wadsworth
Just War Theory

What is Jus ad bellum?


What is Jus in bello?

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proposals to justify the use of force in a
particular type of situation
the justice of particular types of actions within
a war, whether or not that war was justified
What is Aquinas’ theory of just war?
How should we define key terminology
in today’s world?

Preemptive war

Violence and terrorism

Jihadism

Pacifism
What civil liberties are at issue in
balancing security and safety?
Bill of Rights to the U.S. Constitution


First Amendment: free speech, freedom of association, academic
freedom, freedom of religion
Fourth Amendment: protection against “unreasonable searches
and seizures”

Sixth Amendment: right to a “speedy and public trial”

Seventh Amendment: right to a jury trial

Eighth Amendment: Excessive bail shall not be required, nor
excessive fines, nor cruel and unusual punishments
“The Triumph of Just War Theory
(and the Dangers of Success)
Michael Walzer

How has “just war” theory been used to
justify and sometimes rationalize wars
throughout history?


by invoking its test of morality
How is “just war” theory useful to
scrutinize and critique wars in our time?

to consider morality, such as the appropriate
justice in the end of war
“Violence, Terrorism, and Justice”
R.G. Frey and Christopher W. Morris

How should we characterize “terrorism”?


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The creation of terror
Random use of violence
Targeting of innocents and noncombatants
How should we evaluate the wrongness of
“terrorism”?


Consequentialist moral analysis (results)?
Kantian moral analysis (justice, dignity)?
“Make Torture an Option”
Alan M. Dershowitz

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Torture: What reasons justify resort to
unconventional techniques to interrogate
witnesses?
What is the relevance of the Fifth Amendment
protection against self-incrimination in this
debate?
What is the rationale for urging that judges issue
“torture warrants”?
“Torture and the Ticking Bomb”
David Luban


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What are defects in the “ticking bomb” scenario
in attempts to justify the use of torture to
interrogate prisoners?
In what ways is the scenario an intellectual
fraud?
How should we address questions of uncertainty,
the morality of consequences, and what the
practice of torture does to our culture?
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