Davis Brown on Just War Theory

tonygill — Sun, 09 Aug 2015 08:00:07 +0000

What is just war theory and how can it relate to tort law? What is the doctrine of proportionality? And how do all these concepts apply to various conflicts including the Iraq invasion of Kuwait, Russia’s involvement its surrounding nations, and the Pig War of 1859? Dr. Davis Brown, an assistant professor of political science at Maryville University, answers these questions and more as he takes us on a tour of the just war doctrine from its inception with the Early Church Fathers to its application in some recent conflicts. As a trained lawyer with experience in the US Air Force, Davis provides a unique perspective on a topic that has occupied the minds of some of history’s greatest religious thinkers.

We begin the interview with some background on Prof. Brown himself. He explains what he did as a judge advocate general (JAG) in the military, noting that it really wasn’t all flying in outer space and trying to apprehend bad guys like on television. Instead, he explains how various military actions are run past military lawyers to ensure they correspond with international and domestic US law. Davis then details his reasons for moving into the world of academia.

Following this brief biographical discussion, we move into the origins of just war theory. Prof. Brown notes that while Jesus did have things to say about conflict, it was Paul who begins the discussion of how political entities should conduct themselves with respect to their citizenry and other nations. He then jumps forward to the role that Augustine of Hippo played in formulating the doctrine of just war. Where the intellectual advance in these ideas next occurs is with Thomas Aquinas, who lays out three basic principles for a war to be just: 1) proper authority; 2) just cause; and 3) right intent. Davis discusses the dimensions of these three components with some reference to our contemporary world wherein some wars are being waged by “stateless entities” making it difficult to determine “proper authority.” He then takes us to the early 17th century and the thinking of Francisco Suarez, a Spanish Jesuit who tweaks Aquinas’s second feature of just war (just cause) and introduces the concept of proportionality. Suarez also advances the concept of “right intent” to talk about “right manner,” the means in which a conflict is conducted. Tony learns about a few Latin terms and their meaning, most notably jus ad bellum and jus in bellum. Davis also outlines some of the other advances in just war theory at this time, including the introduction of “reasonable prospect of success” and “means of last resort.” We discuss some of the historical context of this thinking and note that the interest in just war theory diminishes during the era of absolutist monarchies (17th through the 19th century), to be revived again following World War I.

Davis then adds his own intellectual take on just war theory by expounding upon tort law. He explains what tort law is and how it is applicable to international law and the specific topic of warfare. There exist four key elements that must be satisfied for a tort claim to have solid standing: 1) duty to another; 2) breach of contract; 3) causation; and 4) existence of damages. Davis shows how each of these works first with reference to ye olde “rat in the soup” problem that might lead to a tort claim in a restaurant, and then with respect to the decision of going to war. We talk a bit about enforcement at this point and what role the United Nations has played (or not played) with respect to arbitrating just war decisions. Tony then presents Davis with a number of recent conflicts and asks him to evaluate each in light of his understanding of the just war doctrine (and in the framework of tort law). We review the 1990 Iraqi invasion of Kuwait, Russian incursions into Georgia and Ukraine, and the 1978 invasion of Cambodia by Vietnam. To top it all off, Tony mentions the Pig War of 1859 involving a dispute over the San Juan Islands and surrounding waterways in the Pacific Northwest. He lays out this little-known conflict between the US and Great Britain and Davis then notes that this might be the first empirical case of “invincible ignorance” within just war theory he has encountered, and he explains what that all means. We finish up with some reflections on what Prof. Brown has learned over the course of his career as a JAG and an academic specifically studying religion and conflict. Recorded: August 6, 2015.

Alessandra González on Islamic Feminism

tonygill — Mon, 01 Apr 2013 08:00:32 +0000

Does the term “Islamic feminism” sound counter-intuitive? Dr. Alessandra González, of John Jay College (CUNY) and Baylor University’s Institute for Studies of Religion, explores how women in Kuwait are finding new ways to empower themselves and advocate for their interests in an environment where political Islam (or Islamism) is resurgent. Dr. González begins the interview by noting that our podcast series, which is approaching 150 episodes, is bereft of any discussion of feminism, a fact that Tony notes is correct due to his complete lack of knowledge on the topic. Alessandra shares how she came to study this topic, which admittedly is one that is not explored deeply and is often misunderstood in the world of academia. We then review common understandings of “feminism,” covering the various waves of this movement from its early incarnation in the West with women’s suffrage to more current understandings of the term. This discussion helps frame how feminism is understood in the US and Europe as compared to its incarnation in the Middle East, or Kuwait specifically. Alessandra notes that few, if any, of her interview subjects considered themselves as “feminists.” This opens the door to a discussion of the Kuwaiti landscape and Dr. González reviews the recent history of Kuwait as it relates to women, noting the influences of British influence, oil wealth, pan-Arabism, the opening of education to women in the mid-1960s, and the surprising influence of the Iraq invasion of the country in 1990. During this latter event, women proved to be very crucial to the war effort and helped to reshape female roles in society. We also cover three sources of authority in Kuwaiti society including religious authority (shari’a law), political authority, and community authority. These three sources of authority are shown to be in tension, yet provide openings for feminist activism. With additional discussion on the role of two ideological/theological groups in society — Islamists and Liberals — we inch closer to a definition of what it means to be an Islamic feminist. We then move from a discussion of the role of higher education to the wearing of the Islamic veil (hijab) and how that is not seen as a symbol of patriarchal oppression but a symbol for women who want to assert their religious identity through their own choice. Interestingly, younger women are more likely to wear the veil than the previous generation, especially after September 11, 2001, a trend that Tony has noticed on his own university campus. Throughout our conversation, Alessandra illustrates many of the issues she brings up with comments from women and men she interviewed during her various trips to Kuwait. We then talk more specifically about what Islamic feminism represents, noting once again that this is not a term that many would use to refer to themselves in Kuwaiti society. The focus turns to three important aspects of the movement including an academic component, the adoption of a comprehensive Islamic worldview, and a need to foster cultural compatability to a society that considers local community and tribal relations to be important. Tony notes that this seems to be a grassroots movement without specifically-identified leaders as we’ve seen in the West with individuals such as Gloria Steinem, a contention that Alessandra agrees with and brings more context to. Alessandra also highlights the important role that men play in this movement as well. In our closing moments, we share some observations about Alessandra’s methodology, namely examining what it was like to be a non-Muslim Westerner studying this topic. Dr. González then shares some of the insights she brought back from her most recent visit to Kuwait after publishing her book and what some of the grand lessons she learned throughout the course of her study into this fascinating topic. Recorded: March 25, 2013.

Research On Religion » Iraq invasion of Kuwait

Davis Brown on Just War Theory

Alessandra González on Islamic Feminism