Divisions within the ranks? The just war tradition and the use and abuse of history.
O'Driscoll, Clan
Plato wrote in the Republic that quarrels between fellow countrymen
are wont to be more virulent and nasty than those between external
enemies. (1) Sigmund Freud (and latterly Michael Ignatieff and Toni
Erskine) have similarly cautioned of the malice and excess that can
attend conflicts that are fuelled not by antithetical oppositions, but
by the "narcissism of minor difference." (2) Bearing these
warnings in mind, scholars of the ethics of war would be well advised to
consider the implications of James Turner Johnson's acute
observation in his contribution to this special section of Ethics &
International Affairs that their field of study is currently beset not
so much by external opposition as by divisions within the ranks. The
principal antagonism within the field, at least as I understand it, is
the rift that has emerged between what I shall call historical and
analytical approaches to the subject. Laying my cards on the table, the
work that I have done in the past connects more clearly with the former
than the latter. However, it has struck me, as it must have struck
others, that the historical approach has in recent years come to assume
a rather scuffed and unfashionable, even outre, appearance. It has been
the subject of numerous curt dismissals, but has also, more
interestingly, been tarnished by a few powerful critiques. This article
will elucidate four of the most hard-hitting charges levied at the
historical approach, and evaluate its continuing utility in light of
them. The question then is: Have the critics of this approach landed it
a knock-out blow, or can the historical approach withstand the bricks
and bats that have been hurled its way?
Readers of Ethics & International Affairs will require little
explanation for why this question is important. The ethics of war is
enjoying a rich moment in the sun, with a wealth of interesting work
currently being undertaken within its rubric. Yet this field--I will
call it our field--is arguably more divided than ever, with scholars of
the historical and analytical approaches hardly engaging with one
another. The result is that we seem to be faced with a fork in the way,
where one path leads skywards toward abstract forms of theorizing, and
the other doubles back over the pockmarked terrain of history. It is a
propitious time, then, to ask whether that latter path is still viable.
But of course this inquiry does not just relate narrowly to academic
turf wars; it challenges us to reflect on a deeper level about the very
fundaments of what it actually means to think ethically about war. At
stake, then, is the simple but perplexing question of how we should
engage our subject.
In an effort to match the scope of this inquiry, this article will
proceed via three principal steps. The first section will offer a primer
on the historical approach and canvass some of the general opposition
toward it. The second section will elaborate what appears to this
participant-observer as the four most challenging critiques directed at
the historical approach. Turning to the flip side of the argument, the
third section will consider the possible ripostes and counters to these
critiques, and offer a judgment on the preceding exchange. It will
contend that while the historical approach has much to commend it, it is
hampered by serious defects. Finally, I conclude by suggesting that
these problems may, rather ironically, be resolved not by turning away
from history but by embracing it all the more wholeheartedly. Viewed as
a whole, then, this article is probably best understood not (following
Michael Walzer) as "a moral argument with historical
illustrations" but as a methodological argument for historical
illustrations. (3)
The Use of History: The Historical Approach to Just War Tradition
One of the hallmarks of modernity, Stephen Toulmin tells us, is its
rather frosty relationship to history, understood as the study of the
past. Ever since Rene Descartes compared historical inquiry to foreign
travel, quipping that both broaden the mind but neither deepens it, a
queue of notables has formed to rubbish the idea that the study of the
past may be a worthwhile endeavor in the present. (4) "History is
more or less bunk," Henry Ford told the Chicago Tribune in 1916.
"We don't want tradition. We want to live in the present, and
the only history that is worth a tinker's dam is the history we
make today." More recently, Tony Blair articulated similar
sentiments during his prime ministerial tenure. "There has never
been a time," he proposed in 2003, "when, except in the most
general sense, a study of history provides so little instruction for our
present day." (5) Such skepticism is particularly acute when it
comes to war. As armies the world over habitually prepare for the
previous rather than the next battle, historical inquiry is easily
derided, not just as a useless indulgence but also as a dangerous
distraction.
This historical skepticism penetrates sufficiently deep that it
troubles mainstream accounts of the ethics of war. Its influence is
apparent in Walzer's Just and Unjust Wars, wherein he declares that
his interest lies "not with the making of the moral world but with
its present character." (6) This formulation--latterly taken up by
scholars associated with the analytical or Anglo-American approach to
the ethics of war--conveys both a reluctance to delve into the
historical development of the just war tradition and a preference for a
more analytical treatment of the principles that it bestows upon us
today. Jeff McMahan, for example, is explicit on this point. He is
skeptical of the historical tradition, variously deriding it as a form
of received wisdom or unquestioned orthodoxy, and dismissing its tenets
as "obviously absurd." (7) Uwe Steinhoff adopts a similar
position. (8) And while Helen Frowe is less combative, she too gives
short shrift to the historical tradition. As she explains in the
introduction to The Ethics of War and Peace, her interest lies not in
the past but in philosophy and ethics. (9) Other scholars have not been
quite so forthright about their aversion to the historical tradition,
but it is nonetheless conspicuous by its absence in their writing. In
its place, these scholars practice a form of philosophical theorizing
that values logical coherence and rigor at the expense of practical
application, emphasizes individual morality ahead of the requirements of
good government, and prescribes the use of right reason to both
extrapolate ethical rules from first principles and apply them to
real-world cases.
However, these theorists do not reject the value of history, per
se. Many of them draw extensively upon case studies
("illustrations," in Walzer's idiom) of historical
battles and wars to support their analyses. Rather, what these theorists
object to is what they perceive as excessive deference to the authority
of tradition, where tradition is understood as a very particular
historical canon of thought on the ethics of war--classic just war
doctrine. Their objection, then, is in some senses a very Protestant
one: they display antipathy to received practice and belief, and
repudiate the idea that ethical analysis of war must, if it is to be
valid, be developed exclusively via the historical tradition.
Although the analytical approach to the ethics of war is appealing
in its own right, aspects of its rejection of historical tradition raise
certain doubts. Foremost among these is the question of whether one
really can, as Walzer proposes, divorce just war past from just war
present, and study "practical morality" as if it were
"detached from its foundations." (10) Unconvinced, a
significant but often overlooked group of just war theorists have
contested this historical skepticism. Rejecting the analytical approach,
they assert the fundamentally historical character of ethical inquiry
into war. According to this perspective, the best way to acquire a deep
understanding of the ethical categories invoked in relation to war is to
study their formation and usage over time. By revealing the historical
range and content of these categories, this form of inquiry both attunes
us to their particularities and equips us to adapt them to contemporary
circumstances.
Four Themes of the Historical Approach
The finer points of this approach are probably best introduced in
relation to the major thematic commitments that underpin it. These
commitments have been best articulated by James Turner Johnson and John
Kelsay, but others, such as Gregory Reichberg, Alia Brahimi, Joseph
Boyle, Nicholas Rengger, Alex Bellamy, and Mark Totten, have also made
rich contributions to this literature. The first theme is the idea that
the history of the just war tradition is worth studying because it
gathers together the learning of previous generations and provides
guidance for moral decision-making today. According to this perspective,
the evolution of the tradition over time reveals a robust but adaptive
framework that can be profitably extended to contemporary issues. In
Johnson's words, it represents "a fund of practical moral
wisdom, based not in abstract speculation or theorization, but in
reflection on actual problems encountered in war as these have presented
themselves in different historical circumstances." (11) By this
reasoning, only a fool would neglect such a body of learning--a corpus
that both Johnson and Kelsay describe as a storehouse of communal
wisdom--when confronted by ethical dilemmas pertaining to modern war.
(12) This, then, is a Burkean view that supposes that attention to
historical experience, embodied in tradition, offers the best tutor for
the practice of both warfare and moral reflection.
The second theme builds on the first by stressing the contextual
quality of all moral rules, including those relating to war. Kelsay puts
it succinctly when he states that the rules governing the use of force
are the products of particular communities at particular moments in
time. If we are to grasp the full meaning of these rules, he counsels,
the trick is not to abstract away from them to generalizable norms, but
to situate them within the evolving body of thought and practice that
gave rise to them. For it is only through acquainting ourselves with the
concrete forms these rules assumed in different historical milieus that
we can acquire a full sense of their trajectory, dimension, and
reference. This, in turn, equips us all the better to extend or adapt
them to contemporary circumstances. A narrow and a broad point both
follow from this. The narrow point is that this approach assumes that
moral reflection on warfare ought to take the form of a continuing
dialogue with past generations and their understandings of what
comprises the right and the good in relation to warfare. The broad point
is that by familiarizing ourselves with the historical origins and usage
of the concepts and terms that comprise the dominant moral discourse
pertaining to war, we gain a deeper appreciation not just of how that
discourse has been produced but also of how it informs contemporary
understandings of the ethics of warfare.
The full implications of this second theme are probably best
illustrated by reference to the famous aphorism, attributed to the Greek
historian Dionysius of Halycarnassus, that "History is philosophy
teaching by examples." This gnomic expression captures in a very
concise way a set of interpretative principles that emphasize the close
relation between context and moral reasoning. Whereas there is a
tendency in the modern world to extrapolate abstract universal
principles from human experience, Dionysius counsels that we should
strive instead to treat historic episodes and phenomena as singularities
that refuse assimilation into generalized patterns or laws of behavior.
This presupposes that if we wish to truly understand a moral argument,
we must first grapple with the exigencies of the context from which it
sprung, and then situate the argument within that frame. This is, in
other words, a horizon-expanding exercise that sensitizes us to both the
real diversity of imaginaries that prevailed at different historical
junctures and the manner by which they conditioned moral argumentation
and discourse. Extending this logic a little further, it also encourages
us to reflect upon the contextual character of our own moral discourse,
and to develop a clearer conception of the assumptions, conceits, and
methods that have heretofore delimited our efforts at understanding.
The third theme of the historical approach emphasizes the
possibility that the history of the just war tradition can be deployed
to discipline contemporary usage of just war ideas. This program is
pressed home by Brahimi in Jihad and Just War in the War on Terror. In
this book, Brahimi's declared aim is to engage critically with the
ideas and arguments offered by the various protagonists in the "war
on terror" by examining them against their earlier usage in the
traditions that they invoke. (13) Her sharp critique of the Bush
administration's doctrine of preemption furnishes a telling example
of just how effective this approach can be. (14) Kelsay and Johnson also
endorse it. Kelsay contends that a good grasp of the history of the just
war tradition can expose the poverty of much of the current discourse by
revealing those instances where it "elides or obfuscates options
developed by our forebears." (15) Johnson is more assertive,
claiming that contemporary forms of just war reasoning "should be
tested by reference to the broader, inclusive conception of just war
found in the historical consensus out of which, in various ways, the
variety of contemporary just war discourses have come." (16) In
each case the assumption is that the historical tradition supplies both
the site and the material for an internal critique of current forms of
just war reasoning.
This leads to the fourth and final theme, which is that the
conversation with past generations advocated by Johnson, Kelsay, and
Brahimi ought to fulfill a critical function by highlighting the
parochialism of our own reflections on war and introducing us to other,
possibly forgotten, ways of thinking about the issues raised by military
conflict. Johnson expresses this point quite clearly in his early work
when he states that a deep historical perspective on the ethics of war
will have a relativizing effect, exposing the tendentious, time- and
culture-bound character of contemporary just war thought. (17) But it is
Kelsay who puts it most artfully, quoting a passage from C. S. Lewis to
bolster his own claim that historical study acquaints us with ways of
thinking that are "different from our own":
Most of all, perhaps, we need intimate knowledge of the past. Not
that the past has any magic about it, but because we cannot study
the future, and yet need something to set against the present, to
remind us that the basic assumptions have been quite different in
different periods and that much which seems certain to the
uneducated is merely temporary fashion. A man who has lived in many
places is not likely to be deceived by the errors of his native
village: the scholar has lived in many times and is therefore in
some degree immune from the great cataract of nonsense that pours
from the press and microphone of his own age. (18)
Thus framed, historical study serves to remind us that no matter
how natural present arrangements may appear, they are the product of
particular historical circumstances, and are therefore subject to
revision. As such, a historical approach is essential to any effort to
think critically about the ethics of war.
Viewed in concert, the four themes we have just examined impress
upon us that the study of history has the power to illuminate the
contingencies of our intellectual heritage, thereby providing us with a
keener sense of the limitations, and ultimately the mutability, of the
institutions it gave rise to and that endure to the present day. We
have, then, a clear expression of the hopes and principles that appear
to underlie the writings of those who practice a historical approach to
the ethics of war: namely, that the study of the past can provide us
with a commanding vantage on the present, enabling us to look beyond the
limited confines of local beliefs and current arrangements.
THE ABUSE OF HISTORY: THE CASE AGAINST THE HISTORICAL APPROACH
The historical approach is vulnerable to four primary lines of
critique. The first is the notion that a reliance on history is
indicative of a conservative approach, one that is unduly impressed by
established authorities and familiar ideas. The second is the related
concern that deference to the historical record will perpetuate or at
least encourage, rather than treat or transcend, humanity's
propensity to regard military force as a solution to political problems.
The third is the refrain that the study of the remote past is an ivory
tower pursuit that has little connection to the real world. The fourth
critique relates not to the integrity of the approach per se, but to
certain tendencies evident in the manner by which its proponents have
applied it. The sharpness of these critiques is an indicator of the
strength of the challenge posed by historical skepticism.
"A Nightmare from Which We Cannot Awake" (19)
To talk about the ethics of war in the terms of a particular
historical tradition such as that of just war is, of course, to fall
back upon the wisdom of a preselected canon of great texts, extending
from Augustine to Grotius and beyond. This is a conservative
predilection. To talk about the ethics of war in these terms, as if it
were an inheritance drawn directly from the great and the good of
previous generations, may be perceived as a form of subservience to the
experience of the past. For instance, why hark all the way back to
Thomas Aquinas, or some other such long-dead figure, we might ask, when
looking for an answer to a contemporary problem, such as how to think
about the ethics of drone warfare? Critics would suggest that the
venerability of these figures in the literature is not derived from
their relevance or prescience, but instead reflects the naive belief
that their ideas must be worthy of attention simply because they have
endured the test of time.
This is not to gainsay the attraction of the historical approach.
There are many reasons why one might find it an appealing way to think
about the ethics of war. In this light, Hayden White describes history
as a "refuge" for those who wish to find "the familiar in
the strange," while John Tosh labels it a superior form of
nostalgia for those who are so inclined. (20) There is certainly
evidence of a wistful yearning for a putative golden age in some of the
wider contemporary literature on warfare: the work of John Keegan and
Victor Davis Hanson springs to mind here, as does William James'
essay, "The Moral Equivalent of War." (21) It is also arguably
apparent in Jean Bethke Elshtain's celebrations of Saint Augustine
and Johnson's repeated invocations of the "classic just war
doctrine" of the late Middle Ages. (22)
However, while some may find in the past a welcome respite from the
rapidly changing world in which we now live, attention to historical
traditions imposes certain constraints and limitations. Sheldon Wolin
observes that it can have a dulling effect on political thought,
reducing it to an exercise in repetition and recycling. (23) Charles
Taylor similarly warns that although attention to the past may yield a
sense of comfort, it can also lock us into old habits. (24) Their point
is the Joycean one that history too often functions as a substitute for
imagination, discounting creativity and committing us to established or
time-honored ways of thinking about things. By telling the story of the
present in terms of the past from which it is derived, the current order
is validated rather than challenged, and we become trapped in a
circular, enclosing logic whereby past and present are mutually
constitutive. This is not progress, or learning, only reproduction.
This critique is supported by the tendency of many contemporary
just war theorists to respond to the moral dilemmas raised by modern war
with exegetical accounts of what classical just war thinkers had to say
on supposedly analogous topics. So, for instance, instead of treating
the case for anticipatory war against Iraq directly, a number of just
war theorists have over the past decade indulged in vigorous debates
about the finer points of the right to preemption as intimated by such
figures as Aquinas and Grotius. At issue here is the disciplining effect
of the historical approach to the ethics of war, whereby all questions
are routed through traditional channels, with the result that new ideas
are circumvented while familiar patterns of thought are sustained and
perpetuated.
"As Instructive as an Abattoir" (25)
The second critique is that proponents of the historical approach
are misguided insofar as they search for answers in all the wrong
places. They trawl through the writings of our forebears in the hope,
expectation even, that they will find within these pages ready-made
solutions to present-day ethical dilemmas. The operative idea appears to
be that, rather than taking our problems on their own terms and thinking
through them for ourselves, we should adopt a more deferential approach,
and yield to the instruction of our illustrious predecessors. The
problem here, of course, is that these illustrious predecessors are the
same tragic figures that Immanuel Kant denigrated as "sorry
comforters" who enabled rather than restrained the brutality of
war. (26) If, then, we are in the routine of looking to the teachings of
these particular notables for inspiration, we will necessarily remain in
thrall to what Daniel Pick has called the "war machine." (27)
It is possible to imagine that the Nobel Laureate Seamus Heaney had
something of this nature in mind when he opined that it is
"difficult at times to repress the thought that history is about as
instructive as an abattoir." After all, what is history, if not a
catalog of one bloody battle after another? And isn't it the case,
as the critics would suggest, that the study of these battles more
naturally offers lessons regarding how to win wars rather than avoid
them? Meanwhile, any attempt to render the learning of our forefathers
applicable to the modern world must tackle two distinct but related
problems. First, such an enterprise is liable to distract the
contemporary scholar away from the important matters of the day by
forcing him or her to contend with the complexities of a bygone era. As
Mark Evans cautions, scholars who gravitate toward the historical
approach are wont to lose sight of the forest for the trees as they seek
to account for past events that are "typically messy, conflicting,
and confusing." (28) Second, the source-material that they seek to
draw upon is likely to be freighted with outmoded prejudices and values.
Augustine, for example, sanctioned the use of force for religious
reasons against the Donatists, Francisco de Vitoria maintained the
distinction between barbarians and civilized peoples in respect to the
rules of war, while Grotius was happy to slant the laws of war to favor
the causes he preferred. In all three cases, the rich fund of learning
that Johnson and others would direct us to for guidance does not offer
any escape from the endless cycle of warfare and violence; it, too, is
in the trenches, so to speak. Accordingly, if we accept the folk advice
that it is foolish to keep doing the same thing and expect different
results, it must also be wrongheaded to assume that devoting oneself to
Augustine and company will offer anything besides a sense of the
inescapability of violent conflict.
One might even go so far as to say, as Ken Booth and Andrew Fiala
do, that the authority--that is, the prestige that attaches itself to
these historical figures--lends the enterprise of war an unwarranted
sheen of respectability or even legitimacy. As Fiala cautions, the just
war tradition all too frequently functions not to reduce and limit
violence but to furnish a simple, ready-made argument in favor of wary
Viewed in this light, it becomes easier to understand how (recalling
McMahan's comment) the patently absurd tenets of the historical
just war tradition have come to be vaunted as received wisdom. Part of
the beauty of the analytical approach, then, is that by encouraging us
to stand back and subject historical articulations of the just war idea
to the rigors of logical testing, it offers a way to avoid precisely
this form of seduction by the prestigious but ultimately ruinous example
of our predecessors.
"A School Whose Doors Are Shut" (30)
If the first two critiques suggest that there is something
entrapping about the historical approach, the third supposes that it is
not likely to be of very much use to anyone other than those interested
in the history of ideas. We are drawn, then, to Sir Geoffrey
Elton's grumpy observation that intellectual history of this kind
is, by its very nature, "removed from real life" and liable to
"lose contact with reality." (31) If one is engaged in
frippery, Elton would remind us, one is not only guilty of indulging
boutique academic fancies; there are also opportunity costs to be
accounted for. For example, if one is busy researching the intricacies
of Grotius's Rights of War and Peace, one is precluded from doing
other, presumably more useful things, such as contributing to debates
about how to respond to the tumult of the Arab Spring and North Korean
saber-rattling. Constantin Fasolt puts it beautifully when he writes
that history "teaches human beings in a school whose doors are
shut. ... Outside the world is surging. Inside, history demands
attention." (32) The advent of new technologies, the realities of
globalization, and so on mean that the words of our forefathers often
have very little application today. Why, then, turn the clock back in
this way, when such a move would constitute a turning away from issues
that urgently demand our attention?
Adding weight to these concerns, the body of work produced by
purveyors of the historical approach must appear dense and very far from
the interests of the casual reader. All too frequently, so the argument
goes, the reader's attention is snared by a title that advertises a
concern with some matter of grave and urgent importance, only for the
reader to discover that he or she has to wade through page after page of
dusty exegesis that betrays little if any obvious connection to the
stated topic. Evidence of this occurrence is easily found. Consider, for
example, a recent round of exchanges between Jean Bethke Elshtain and
her critics. Nicholas Rengger and others published a series of essays
that were critical of Elshtain's 2003 book, Just War Against
Terror, and her apparent faith that U.S. military firepower should be
deployed as a force for good in the world. Elshtain responded with a
stout defense of her position. What is of interest here, however, is the
ground that was contested. Though ostensibly a debate about the merits
of the so-called war on terror and the use of force to spread human
rights, these exchanges ultimately came to resemble a narrow examination
of the finer points of Book 19 of Augustine's City of God. (33)
Though interesting in its own right, this debate can also be caricatured
as an example of the historical approach's tendency toward
scholastic navel-gazing. And it could no doubt be cited as evidence for
the disconnected quality of much of the work conducted by scholars who
practice a narrowly historical approach to the ethics of war.
"The Abridgement of Tradition into Ideology" (34)
The criticisms surveyed thus far alert us to a further set of
problems that dog the way the historical approach has typically been
applied to the ethics of war. There are two principal deficiencies at
play here, and both are products of (bad) habit, rather than integral to
the approach itself. The first is the manner by which the history of the
ethics of war is frequently disclosed via, and reduced to, a singular
developmental narrative (that is then presented as the narrative). This
is the familiar story we noted earlier: the chronicle by which the
origin of just war is dated back to Augustine; tracked through the
Middle Ages of Gratian and Aquinas; brought forward to the formal
structure it assumed in Hugo Grotius's early modern legal theory;
leading finally, after a period of quiet, to its revival by rights
theorists in the twentieth century. What is perhaps most striking about
the various treatments of this narrative is their sameness. The
difference from one to the next is usually little more than a slight
change of emphasis or enhanced level of detail. The second, related
deficiency is that this narrative is more often than not presented as an
essential point of entry for anyone wishing to think ethically about
war. If one wishes to think historically about the ethics of war, in
other words, this necessarily involves engaging with this well-trodden
narrative, or, as it is put in the literature, stepping into this
particular historical stream. Bringing these points together, then, one
must engage with the narrative--and not any narrative, but this one.
The result of all this is a lapse into a form of conservatism that
fosters a tightly constricted field that both repeats and reproduces
itself at the expense of fresh thinking. The proof of this is ready to
hand: historical accounts of the just war tradition have assumed an
increasingly circumscribed complexion, circling again and again over the
same congested terrain, producing a progressively introspective
discourse. While this may represent rich fodder for exegetical debates,
it also has the retrograde effect of channeling just war thought into
ever tighter and more esoteric spirals, restricting it in terms of
scope, accessibility, and critical bite.
The underlying error at work here is that scholars practicing a
historical approach to the ethics of war have overlooked the constructed
or mythopoeic character of the just war tradition, and then compounded
this error by treating it as if it were an actual historical practice.
In other words, they have reified what is merely an interpretative
category that enables scholars to produce a rationalized history of the
ethics of war, and treated it as a pre-constituted discursive framework
that thinkers from the past self-consciously contributed to and which
contemporary theorists must engage. These scholars, captured by their
own myths, and forgetful of the act of abridgement that they have
effected, have then gone on to seal off the tradition they have just
created by arguing about where its boundaries properly lie and what
historical thinkers fall within and beyond them. The result is the
claustrophobic narrative just described. This is the point at which, to
borrow J. G. A. Pocock's phrase, "the abridgment of tradition
into ideology" occurs. Adding to the problem, this narrative, along
with the ideology that it supports, bears a strong--some would say
exclusive--relation to the history of Christian reflection on war. As
such, questions have been raised about the cross-cultural appeal of the
tradition. Some skeptics have suggested that the close association of
the just war tradition with the development of Christian political
theology limits its range of applicability beyond the Christian world.
(35)
A QUALIFIED DEFENSE AND A PROPOSAL FOR REFORM
Is the historical approach to the ethics of war completely without
merit? Or does it have enough about it to rise above the charges leveled
at it by its detractors? This section seeks a judgment on the matter. It
contends that while many of the criticisms directed at the historical
approach hit the mark regarding the particular form the approach takes
vis-a-vis the ethics of war, they fail to trouble the key tenets of
historical study in its general form. That is, these criticisms expose
serious deficiencies not in the integrity of the historical approach
itself but in the particular way that this approach has been applied to
the ethics of war and the just war tradition. Going beyond this
observation, this section concludes with a concrete proposal for how we
might more fully realize the potential of the historical approach when
studying the ethics of war. Ironically, this comprises a more
wholehearted embrace of history rather than a retreat from it.
A Qualified Defense of the Historical Approach...
The sneaking suspicion remains, however, that the criticisms of the
historical approach to the ethics of war just canvassed are somewhat
exaggerated or overegged, as they speak only to the way that the
historical approach has typically been applied (or, rather, misapplied)
to the ethics of war, and more specifically to the just war tradition.
But they do not negate the underlying principles, or indeed the
potential, of the historical approach more generally. By making this
case, I hope to pave the way for a reappraisal of the historical
approach to the ethics of war and a proposal for how we might tweak it
to evade some of the perils identified by its critics.
Readers will recall that the first critique supposed that the
historical approach is constrained by conservatism, that is, an
attraction to the familiar and a propensity to reproduce authority
rather than challenge it. But practicing historians have denounced as a
misconception the view that historians seek refuge in the past because
it appears comfortable or safe. Herbert Butterfield claims that the aim
of the historian is not a quest for sanctuary, but "the elucidation
of the unlikeness between past and present." (36) Historians, he
elaborates, are interested in the past precisely because it is different
from what we know today. Its charm lies in its strangeness. Similarly,
Richard Evans inverts White's line of attack to contend that the
main purpose of the modern historian is not to seek familiarity in the
strange, but to uncover the strange in the familiar. History, on this
view, necessarily involves the pursuit of complexity and the
appreciation of difference. It is, Evans adds, a solvent rather than a
creator of myths. (37) What then about the assertion that recourse to
history serves only to buttress established authority, never challenging
it? This overlooks the fact that, although history is often equated with
continuity, it can also be invoked in the service of rupture and
revolution. In these instances, it can supply a critical perspective on
the present that enables us to call into question those aspects of the
world that are variously justified to us as natural, necessary,
inevitable, or incontrovertible. And it does all of this by serving us
with a perspective from which we can view our own practices and
assumptions as with fresh eyes--a perspective that encourages us to
question parochial prejudices and expand our horizons. Without such a
perspective, we would suffer from a reduced awareness of the
possibilities inherent in the present, and understate future prospects
for change and reform.
The argument that the historical approach is unduly in thrall to
the past is equally overblown. Proponents of this critique allege that
the historical approach entails the contrivance of an imaginary dialogue
with the great and the good of previous generations, from whom we then
extrapolate counsel on how to handle present-day dilemmas. But this is a
very slanted description of the historical approach. The aim behind the
historical approach is not to glean ready-made lessons from our
forebears, nor to channel their theories so that they speak more
directly to contemporary concerns. Rather, it is to use the diverse
range of how these great thinkers conceived of and responded to the
problems of their day as a backdrop against which to set (and
understand) the issues we confront today. This, then, is a subtle
horizon-expanding exercise rather than an act of deference to those who
have gone before us. As such, it is a crucial step toward identifying
what is novel and unique about the issues we face today. And also a
crucial step, one might add, toward both escaping the shadows cast by
our forefathers and the ideas they bequeathed to us, and learning how to
think through these issues for ourselves.
What of the third argument that the historical approach signifies a
love of the past for its own sake, an antiquarian indulgence that has no
practical or political merit? This position supposes that the study of
the past, which is by definition remote, does not have any lessons to
teach us, and cannot have any practical bearing on today's world.
Yet, as Tosh points out, the value of the past "lies precisely in
what is different from our world." By giving us another vantage
point, he writes, history "enables us to look at our own
circumstances with sharper vision, alert to the possibility that they
might have been different, and that they will probably turn out
differently in the future." So history functions not as a mirror
held up to the present but as "a set of counter-images" that
place the present in its proper perspective and remind us of its
inherent contingency. Seen in this light, he continues, "history is
not a dead weight to the present, but an intimation of
possibilities." (38) As such, while history may not have too many
neatly packaged lessons to deliver, it can impart something far more
valuable, namely, the critical sensibility that is the key to properly
understanding and addressing the structures and choices that confront us
today.
The fourth and final critique is, however, more troubling. It
supposes that the proclivity of those practicing the historical approach
to the ethics of war has been to reduce the just war tradition to a
single narrative, and to represent this narrative as the necessary point
of entry for all scholars seeking to engage the subject. This critique
is not so easy to bat away as the more general critiques that preceded
it. Properly speaking, it pertains not to the integrity or potential of
the historical approach per se, but to the manner of its application
vis-a-vis the just war tradition. As such, it can be rectified or
corrected for, and the remainder of this section proposes how this might
be achieved.
... and a Proposal for Its Reform
The defects that have dogged the manner by which the historical
approach to the ethics of war has been applied can be resolved, I
propose, not by turning away from history but by embracing it all the
more wholeheartedly. This means two things in practice. First, it
requires a refusal to countenance excessive abridgement and stock
narratives without due scrutiny. Second, it commits us to treat the just
war tradition not as a self-contained, pre-packaged canon but as an
open-textured practice, the margins of which are continually rewritten
by its proponents. What I am talking about here, in other words, is a
readiness to engage the historical just war tradition, and take it
seriously, without calcifying it.
In order to achieve this end, scholars wishing to adopt the
historical approach must be willing to call into question the
commonplaces and rote assumptions that we encounter in the field.
Primarily, we must be willing to step outside of the dominant narratives
that govern the way we think about the just war tradition as a
historical practice, and ask whether they discipline our inquiries in a
useful way or curtail them unnecessarily. So, the call issued here for
more history is decidedly not a plea for more work on the already
well-trodden Augustine to-Grotius narrative path. Though interesting, it
is likely to yield diminishing returns; whatever novelty it produces in
the future will probably comprise little more than minutiae and
footnotes. Rather, the invitation here is for scholars to use their
historical imagination to get beneath and around the conventional
accounts via which the historical development of the just war tradition
is typically disclosed. In a sense, there is nothing especially daring
about this. Historians have, to some degree, always argued the necessity
of this kind of work. Butterfield, for instance, was very clear that
"history would be forever unsatisfying if it did not cast a wider
net for truth," while Christopher Hill enjoined that history should
be rewritten in every generation so that we might learn to ask new
questions of the past and thereby better equip ourselves to confront the
ever-changing present. (39) Nonetheless, this spirit has rarely been
applied to the study of the just war tradition.
There are, however, myriad ways that this can be done. For
illustrative purposes, a brief overview of how I aim to realize this
potential in my own work might be useful. I propose to get beneath and
even challenge the conventional accounts of the just war tradition by
examining its precursors in the pre-Christian world of ancient Greece
and Rome. Scholars of the tradition have long acknowledged its debts to
antiquity. For example, Brian Orend, Bellamy, Brahimi, Johnson, and
others all allude to the role played by Aristotle and Cicero in priming
the soil from which the tradition emerged. Nonetheless, there has as yet
been no systematic treatment of Greco-Roman ideas of just war. (40) My
current project is designed to fill that gap.
The aim behind this undertaking is not merely to "add ancients
and stir," so to speak. Equally, it is not to insist that there is
a coherent ancient just war doctrine waiting to be discovered or
retrospectively cobbled together. Nor is it to revive particular ways of
doing things from the ancient world in the hope that they supply a
previously overlooked balm to the moral dilemmas of modern warfare.
Rather, the aim is to survey the diversity of Greco-Roman articulations
of just war so as to deepen, but also to cast some critical light upon,
our historical understanding of the just war tradition. By looking
beyond Augustine and incorporating perspectives from the ancient world
into the stories we tell about the just war tradition, we may call into
question its assumed roots in early Christian political theology, and,
by extension, the identity and character endowed to it via this
foundational narrative. If this aim is met, we will find ourselves armed
with a much richer counterpoint not just on the history of the tradition
itself but also on the power of historical narratives to both inform and
delimit our ethical analysis.
The challenge for those who wish to build upon the work of Johnson,
Kelsay, and others is to chart a course that, on the one hand, realizes
the potential of historical knowledge to guard against what Hugh
Lloyd-Jones calls "that insularity in time which restricts the
uneducated and those who write to please them," while steering
clear, on the other hand, of the perils of conservatism, recidivism, and
self-indulgence that have been described by critics of the approach.
(41) We can all agree that this is a difficult road, but I hope we can
agree that it is a viable and potentially very rewarding one, too.
CONCLUSION
Winston Churchill once observed that the Balkan states have
produced more history than they could ever consume. (42) The implication
here is that, taken in excess, history may be bad for you. Echoes of
this assumption can be found in the contemporary literature on the
ethics of war, wherein the just war tradition is often casually
dismissed as a patrimony to be escaped rather than a store of learning
to be engaged. To be fair to those who make this claim, advocates of the
historical approach to the ethics of war have not always helped their
own cause. They have sometimes provoked rather than assuaged the doubts
of detractors by adhering tightly to an entrenched narrative that
fosters an introspective conservatism and suffocates innovative
thinking. Yet, when we peer deeper into the matter, we find grounds for
believing that a fully realized application of the historical approach
would seek to critique this narrative rather than reaffirm it. More
history, then, would not be bad for us, but would instead offer an
antidote to its own apparent failings vis-a-vis the ethics of war, and
would validate the critical potential of the historical approach more
generally. This article has argued that the present limitations evident
in the historical approach to the ethics of war may be overcome by
thinking outside, and therefore challenging, the dominant narrative by
which the just war tradition is typically disclosed.
There is still more to be said, though. While this article has
refused to concede that the historical approach to the ethics of war is
a spent docket, the reader will note that it has not turned the tables
on its critics and challenged the validity of the analytical approach.
This is not because I wish to duck a fight. Rather, it is because I am
yet to be convinced that these ostensibly rival approaches are
necessarily incompatible. The premise that one can divorce just war past
from just war present and engage them discretely, though often invoked,
has, to my mind, yet to be demonstrated satisfactorily. Meanwhile, the
work of such scholars as Larry May, Michael Gross, and David Fisher
suggests that the two can indeed be harnessed in yoke. (43) What I trust
this article has also done, however subtly, is encourage the reader to
think a little deeper about the simplistic divide that scholars have
increasingly assumed between historical and analytical approaches to the
ethics of war. In so doing, it has hopefully challenged scholars and
other interested parties to reconsider, on a fundamental level, what it
means to think ethically about war and how we should engage this task.
doi: 10.1017/S0892679412000779
NOTES
(1) Plato, The Republic, trans, by G. M. A. Grube (London: Pan,
1981), Book V, 470-71c, p. 150.
(2) Sigmund Freud, Pelican Freud Library, Volume 7: On Sexuality
(London: Pelican, 1977), p. 272; Michael Ignatieff, The Warrior's
Honour: Ethnic War and the Modern Conscience (Toronto: Penguin, 1999),
p. 48; and Toni Erskine, Embedded Cosmopolitanism: Duties to Strangers
and Enemies in a World of 'Dislocated Communities' (Oxford:
Oxford University Press, 2008), p. 215.
(3) Michael Walzer, Just and Unjust Wars: A Moral Argument with
Historical Illustrations (New York: Basic Books, 1992).
(4) Stephen Toulmin, Cosmopolis: The Hidden Agenda of Modernity
(Chicago: University of Chicago Press, 1990), p. 33.
(5) Tony Blair, "Prime Minister Addresses US Congress, 17 July
2003" (speech, Washington, D.C., July 17, 2003);
news.bbc.co.uk/1/hi/uk_politics/3076253.stm. The unwitting irony is that
this statement is of course a deeply historical one.
(6) Walzer, Just and Unjust Wars, p. xxviii.
(7) Jeff McMahan, Killing in War (Oxford: Oxford University Press,
2009), p. vii.
(8) Uwe Steinhoff, On the Ethics of War and Terrorism (Oxford:
Oxford University Press, 2007).
(9) Helen Frowe, The Ethics of War and Peace: An Introduction
(London: Routledge, 2011), p. 2.
(10) Walzer, Just and Unjust Wars, p. xxix.
(11) James Turner Johnson, Can Modern War Be Just? (New Haven,
Conn.: Yale University Press, 1984), p. 15.
(12) John Kelsay, "James Turner Johnson, Just War Tradition,
and Forms of Practical Reasoning," Journal of Military Ethics 8,
no. 3 (September 2009), p. 183; and James Turner Johnson,
"Historical Tradition and Moral Judgment: The Case of Just War
Tradition," Journal of Religion 64, no. 3 (July 1984), p. 316.
(13) Alia Brahimi, Jihad and Just War in the War on Terror (Oxford:
Oxford University Press, 2010), pp. 2-3.
(14) Ibid., ch. 2.
(15) John Kelsay, "Just War, Jihad, and the Study of
Comparative Ethics," Ethics & International Affairs 24, no. 3
(September 2010), p. 230.
(16) James Turner Johnson, Ethics and the Use of Force: Just War in
Historical Perspective (Burlington, Vt.: Ashgate, 2011), p. 2.
(17) James Turner Johnson, Just War Tradition and the Restraint of
War (Princeton, N.J.: Princeton University Press, 1981), p. 10.
(18) Kelsay, "Just War, Jihad, and the Study of Comparative
Ethics," p. 231. The quote is from C. S. Lewis, The Weight of Glory
and Other Addresses (New York: Macmillan, 1949), pp. 50-51.
(19) James Joyce, A Portrait of the Artist as a Young Man (New
York: Viking Press, 1964), p. 28.
(20) White is cited in Richard J. Evans, In Defence of History
(London: Granta Books, 1997), p. 148.
(21) John Keegan, A History of Warfare (London: Pimlico, 1993);
Victor Davis Hanson, The Western Way of War: Infantry Battle in
Classical Greece (Berkeley, Calif.: University of California Press,
2009). James's essay, which was originally published in 1906, is
available at www.constitution.org/wj/meow.htm.
(22) Jean Bethke Elshtain, Just War Against Terror: The Burden of
American Power in a Violent World (New York: Basic Books, 2004), pp.
50-58; Jean Bethke Elshtain, Augustine and the Limits of Politics (Notre
Dame, Ind.: University of Notre Dame Press, 1998), pp. 1-18; and James
Turner Johnson, Ideology, Reason, and the Limitation of War: Religious
and Secular Concepts (Princeton, N.J.: Princeton University Press,
1975), p. 8.
(23) Sheldon S. Wolin, Politics and Vision: Continuity and
Innovation in Western Political Thought (Boston: Little Brown and
Company, 1960), p. 22.
(24) Charles Taylor, "Philosophy and its History," in
Richard Rorty, Jerome B. Schneewind, and Quentin Skinner, eds.,
Philosophy in History: Essays on the Historiography of Philosophy
(Cambridge: Cambridge University Press, 1984), p. 17.
(25) Seamus Heaney, "Crediting Poetry" (Nobel Lecture,
Oslo Hall, Oslo, Norway, December 7, 1995);
nobelprize.org/nobel_prizes/literature/laureates/1995/heaney-lecture.html.
(26) Immanuel Kant, "Perpetual Peace: A Philosophical
Sketch," in Hans Reiss, ed., Kant: Political Writings, 2nd ed.
(Cambridge: Cambridge University Press, 1991), p. 103.
(27) Daniel Pick, The War Machine: The Rationalisation of Slaughter
in the Modern Age (New Haven, Conn.: Yale University Press, 1996).
(28) Mark Evans, "'Just Peace:' An Elusive
Ideal," in Eric Patterson, ed., Ethics Beyond War's End
(Washington, D.C.: Georgetown University Press, 2012), p. 203.
(29) Andrew Fiala, The Just War Myth: The Moral Illusions of War
(Lanham, Md.: Rowman & Littlefield, 2008), p. 27. Also see Ken
Booth, "Ten Flaws of Just Wars," International Journal of
Human Rights 4, no. 3 (2000), pp. 314-24.
(30) Constantin Fasolt, The Limits of History (Chicago: University
of Chicago Press, 2004), p. xiv.
(31) G. R. Elton, Return to Essentials: Some Reflections on the
Present State of Historical Study (Cambridge: Cambridge University
Press, 1991), p. 60 and 27. Discussed in Quentin Skinner, Visions of
Politics, Volume I: Regarding Method (Cambridge: Cambridge University
Press, 2002), p. 14.
(32) Fasolt, Limits of History, p. xiv.
(33) Anthony Burke, "Against the New Internationalism,"
Ethics & International Affairs 19, no. 2 (Summer 2005), pp. 73-90;
Nicholas J. Rengger, "Just a War Against Terror? Jean
Elshtain's Burden and American Power," International Affairs
80, no. i (2004), pp. 107-116; Cian O'Driscoll, "Jean Bethke
Elshtain's Just War Against Terror: A Tale of Two Cities?"
International Relations 21, no. 4 (December 2007), pp. 485-92; and Jean
Bethke Elshtain, "A Response," International Relations 21, no.
4 (December 2007), pp. 504-506.
(34) J. G. A. Pocock, Political Thought and History: Essays on
Theory and Method (Cambridge: Cambridge University Press, 2009), p. 193.
(35) David Fisher and Brian Wicker, "Introduction: A Clash of
Civilizations?" in David Fisher and Brian Wicker, eds., Just War on
Terror? A Christian and Muslim Response (Farnham, U.K.: Ashgate, 2010),
P. 5.
(36) Herbert Butterfield, The Whig Interpretation of History (New
York: W. W. Norton, 1965), p. 9.
(37) Evans, In Defence of History, pp. 148-51.
(38) John Tosh, Why History Matters (Basingstoke, UK: Palgrave
Macmillan, 2008), pp. 28-29.
(39) Butterfield, The Whig Interpretation of History, p. 95; and
Christopher Hill, The World Turned Upside Down: Radical Ideas During the
English Revolution (London: Penguin, 1991), p. 15.
(40) Johnson, Just War Tradition and the Restraint of War, p. xxiv;
Alex J. Bellamy, Just Wars: From Cicero to Iraq (Cambridge: Polity,
2006), p. 29; Brian Orend, The Morality of War (Ontario: Broadview
Press, 2006), p. 12; Brahimi, Jihad and Just War in the War on Terror,
p. 19; Ian Clark, Waging War: A Philosophical Introduction (Oxford:
Clarendon Press, 1988), pp. 18-19; Gregory M. Raymond, "The
Greco-Roman Roots of the Western Just War Tradition," in Howard M.
Hensel, ed., The Prism of Just War: Asian and Western Perspectives of
the Legitimate Use of Military Force (Aldershot, U.K.: Ashgate, 2010);
and Richard Sorabji, "Just War from Ancient Origins to the
Conquistadors Debate and its Modern Relevance," in Richard Sorabji
and David Rodin, eds., The Ethics of War: Shared Problems in Different
Traditions (Aldershot, U.K.: Ashgate, 2006), pp. 13-29.
(41) Hugh Lloyd-Jones, The Justice of Zeus (Berkeley, Calif.:
University of California Press, 1971), p. 156.
(42) Quoted in Margaret MacMillan, The Use and Abuse of History
(London: Profile, 2010), p. 89.
(43) Larry May, War Crimes and Just War (Cambridge: Cambridge
University Press, 2007); Michael Gross, Moral Dilemmas of Modern War:
Torture, Assassination, and Blackmail in an Age of Asymmetric Conflict
(Cambridge: Cambridge University Press, 2010); and David Fisher,
Morality and War: Can War be Just in the Twenty-First Century? (Oxford:
Oxford University Press, 2011).
Clan O'Driscoll *
* In case it is necessary to mention it, the title's allusion
to the writings of Nietzsche is purely incidental. The author wishes to
thank Jenny Bagelman, Chris Brown, Daniel Brunstetter, Dan Bulley, Toni
Erskine, James Turner Johnson, John Kelsay, Anthony Lang, and Jack
Amoureux and Brent Steele for their generous and insightful comments on
drafts of this paper. The comments of three anonymous reviewers proved
hugely helpful in redrafting the paper for publication, and the
editors' guidance was invaluable.