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This paper considers the newly imperative force of the jus ad bellum, when it acts as a guarantee of the moral. An emotive sense of cruelty now mobilizes as legitimate some forms of virtuous
killing, whether in the 'war on crime' waged upon a country's own citizens, or in the conduct of war upon other nations. The
recoil against cruelty authorizes virtuous wars against 'brutal' regimes, and underwrites the imposition of maximal penalties
for atrocious crimes. Cruelty obliges military force, that naked arm of sovereign power, to be placed at the service of an
ailing humanity. This turn towards a pitiful virtuous war suggests a jurisprudence critical of those intimations of cruelty
that tend to secure compassion as an authorizing stamp, or guarantor, of the moral. 相似文献
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