Western theories of law have drifted steadily towards the privatization of homicide, despite the fact that it runs counter to rule of law. Public acts of homicide like capital punishment are now viewed by many as barbaric, while a private act of homicide like the starvation of comatose patients is viewed by many as a caring gesture both to patient and family. This subversion of the rule of law is prompted by humanitarian ethics.
McAleer argues that humanitarianism is a false friend to those committed to the rule of law. The problem of human vulnerability makes political theology an inescapable consideration for law. Readers will find much to reflect upon in this book. McAleer's argument can be read as a cultural chapter in the history of moral ideas, but also as a close and timely reading of a grim subject.
|Publisher:||Taylor & Francis|
|Product dimensions:||5.90(w) x 8.90(h) x 0.40(d)|
About the Author
Graham McAleer is professor of philosophy at Loyola University in Maryland. He wrote introductions to the Transaction editions of Aurel Kolnai’s Ethics, Value and Reality and Max Scheler’s The Nature of Sympathy and On the Eternal in Man. He is the author of Ecstatic Morality and Sexual Politics.
Table of Contents
1 Blood Diamonds and the Limits of Moral Knowledge 15
2 State Privilege to Kill 33
3 Victims' Rights and Double Jeopardy 59
4 Political Theology and the Law of War 85
5 Wrongful Life Tort 101
6 Is Carl Schmitt Right? Is Just War Impossible? 117
7 Why the Case of the Maltese Twins Was Wrongly Decided 139
8 Kosovo Air War and Why Malthus Was Really a Wise Man 161
Conclusion: Natural Law as Political Theology 187
Appendix: The "Summa Theologica" Thomas Aquinas 199