Cosmopolitan Justice and Criminal States

Journal of Applied Philosophy 36 (3):366-374 (2019)
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Abstract

Cécile Fabre's monumental work Cosmopolitan Peace offers a thorough investigation of the responsibilities that agents incur through their involvement in armed conflict. However, her analysis fails to acknowledge the central role that states play in initiating and orchestrating acts of war. I argue that states are corporate moral agents, who are morally responsible for their own wrongdoings during an unjust war, and that this argument is compatible with Fabre's cosmopolitan premises. I then suggest that a systematic account of criminal liability in the aftermath of a war should acknowledge the role that states play in orchestrating wars and committing war crimes.

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Avia Pasternak
University of Maryland, College Park

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Collective Responsibility and the State.Anna Stilz - 2011 - Journal of Political Philosophy 19 (2):190-208.
What is crime against humanity?Richard Vernon - 2002 - Journal of Political Philosophy 10 (3):231–249.
Collective Interests and Collective Rights.Dwight Newman - 2003 - American Journal of Jurisprudence 48:127-164.

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