Os limites morais da guerra: um estudo sobre a teoria da guerra justa de Michael Walzer

Abstract

This dissertation offers to discuss the moral problems underlying the war phenomenon, starting from an analysis of the Just War Theory, in the feature which is outlined inside Michael Walzer’s work. The Just War Theory starts from the perception of the situations in which it is morally justifiable to dispose the war and the violence that necessarily accompanies the latter. It is divided into two parts. Jus ad bellum concerns the motives which justify the use of war, and it is focused on aggression and self-defense discussing. Jus in bello concentrates on discussion about compliance or violation of combat rules, established rules by both custom and legal instruments. Once the two component parts of the war moral reality are logically separated, it becomes possible to make independent judgments. Thus, according to Walzer, it is possible to wage a war which is just, that is, it complies the jus ad bellum requirements, but unjust, by violating the norms which conform jus in bello. In the same way, an unjust war can be fought in accordance with the rules. Through this study, we will attempt to discuss the possibility that war can be analyzed in the light of morality, as well as whether it is possible to determine the conditions under which a war can be considered just or unjust.