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Law and Philosophy$
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Michael Freeman and Ross Harrison

Print publication date: 2007

Print ISBN-13: 9780199237159

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199237159.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 25 January 2020

Moral Reflections on the Responsibilities of Soldiers: The Clue to Devising a Legal Definition of Terrorism 1

Moral Reflections on the Responsibilities of Soldiers: The Clue to Devising a Legal Definition of Terrorism 1

Chapter:
(p.211) 11 Moral Reflections on the Responsibilities of Soldiers: The Clue to Devising a Legal Definition of Terrorism1
Source:
Law and Philosophy
Author(s):

Robert Morris

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199237159.003.0011

This chapter develops a morally acceptable means of legally distinguishing between terrorists and non-terrorists. The paper is divided into four parts. Building on the work of Schmid, the first part proposes a conceptual definition of terrorism which is both morally accurate and also politically acceptable to states. The second part lays out the moral problem that is often thought to be fatal to the kind of definition proposed. The third part attempts to solve the problem by examining the nature of the responsibilities of soldiers. The fourth part shows how the understanding of terrorism presented in the chapter can help improve legal definitions of terrorism. It argues that if we recognize in law the distinction between war crime terrorists and crime against peace (CAP) terrorists then a method of legally distinguishing between freedom-fighters and terrorists becomes apparent.

Keywords:   terrorists, non-terrorists, applied ethics, soldiers, crime against peace, war crime terrorists, Schmid, freedom-fighters

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