Legalism

Question 1

What is Legalism

Answer 1

an international legal doctrine, emphasizing the importance of customs and treaties for international law. Rejection of theology. The question of wether the recourse of war is justified belongs to the sovereign alone.

Question 2

Gentili, On the law of war, Book1, ch. 2: The Definition of War

Answer 2

War is just a public contest of arms between two equal parties

Question 3

Gentili, on just war in “The Definition of War”

Answer 3

just causes are less important than just conduct (ius in bello), need to officialy declare war. War should be the last resort

Question 4

Gentili, just cause in “On the Law of War”, ch. 6 “That war may be waged justly on both sides”

Answer 4

Both sides can simultaneously wage war on what they believe is a just cause, neither can be called unjust, therefore, the laws of war apply to both parties.

Question 5

Gentili, in “On the Law of War” ch9 “wether it is just to wage war for the sake of religion”

Answer 5

Force in connectin with religion is unjust, as religion si a matter of choice and freedom.

Question 6

Gentili in “On the Law of War” ch 14 “Of Defence on Grounds of Utility”

Answer 6

useful efence or utilem defensionem: war because of fear to be attacked (preemptive action), one should not wait to be attacked, but suspicion is not enough, danger must be meditated, probable and possible.

Question 7

Gentili, types of defensive war

Answer 7

Necessary defense (ennemy attacked or is preparing to do so)
Expedient defense (Threat must be probable and possible)
Defense of honor (defending foreign subjects against their sovereign)

Question 8

Types of offensive war

Answer 8

Necessity (reclaiming property unjustly taken)
Expediency (vengeance on evil)
Honour (enforce natural rights that are denied, punish crimes)
Divine war is only theoretically possible

Question 9

Vitoria, grounds for war against indigenous people

Answer 9

Cannibalism, human sacrifice, euthanasia of old people