Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-t5tsf Total loading time: 0 Render date: 2024-11-09T08:02:57.127Z Has data issue: false hasContentIssue false

Chapter 8 - War and the Boundaries of Punitive Jurisdiction

from Part II - War

Published online by Cambridge University Press:  09 February 2019

Daniel Schwartz
Affiliation:
Hebrew University of Jerusalem
Get access

Summary

For the late scholastics just war is the enforcement of a just ruling. The doctrine of probabilism, as applied to this judicial understanding of war, significantly expanded the occasions for just war. If a judge can rule a case based on probable opinions and two conflicting opinions can be probable simultaneously, it follows that two judges can simultaneously attempt to enforce two conflicting rulings about the same case. This upshot of probabilism created the need for rules limiting the king’s room for discretion and brought authors to discuss arbitration as an alternative to just war. Vázquez thought that the adjudication rules proposed by authors such as Navarrus and Suárez to deal with disputed cases were not exhaustive and that, as a consequence, these opened the way to contemplating the possibility of wars that are objectively just on both sides – a possibility that was deemed absurd. Vázquez, in the historical context of the polemics over the Portuguese succession, fundamentally revised the judicial war paradigm. For Vázquez, the king’s supremacy and jurisdiction reaches only as far as the boundaries of his realm. When the matter under dispute belongs to a different jurisdiction, the king acts not in the capacity of international judge but only as a private litigant.
Type
Chapter
Information
The Political Morality of the Late Scholastics
Civic Life, War and Conscience
, pp. 161 - 182
Publisher: Cambridge University Press
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×