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Empathy at War: The Distinction between Reasonableness and the Reasonable Military Commander Standard

Jeutner, Valentin LU orcid (2024) p.233-260
Abstract
There is a distinction between asking whether a military commander’s act was reasonable and asking whether a military commander acted in the manner in which a reasonable military commander would have acted. The difference is that only the second question compels a person assessing a given state of affairs to engage in empathetic perspective-taking. Accordingly, this chapter argues that the reasonable military commander test is a legal device which invites those who apply it to engage in empathetic perspective-taking. Construing the reasonable military commander test as a perspective-taking device brings into focus the crucial question of whose views and whose interests influence the legal evaluation of a commander’s behaviour.... (More)
There is a distinction between asking whether a military commander’s act was reasonable and asking whether a military commander acted in the manner in which a reasonable military commander would have acted. The difference is that only the second question compels a person assessing a given state of affairs to engage in empathetic perspective-taking. Accordingly, this chapter argues that the reasonable military commander test is a legal device which invites those who apply it to engage in empathetic perspective-taking. Construing the reasonable military commander test as a perspective-taking device brings into focus the crucial question of whose views and whose interests influence the legal evaluation of a commander’s behaviour. Understanding the reasonable military commander test in this way also directs attention to the role of empathy in the battlefield. It is important to be clear about this rationale of the reasonable military commander test in the battlefield in order to ensure that the conduct of military commanders is assessed accurately. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
keywords
Public international law, Folkrätt
host publication
Honest Errors? Combat Decision Autonomy 75 Years After Hostage
editor
Hayashi, Nobuo and Lingaas, Carola
pages
233 - 260
publisher
T.M.C. Asser Press
ISBN
978-94-6265-610-9
978-94-6265-611-6
DOI
10.1007/978-94-6265-611-6_10
language
English
LU publication?
yes
id
4143cc68-731b-4c2b-a7aa-901f51da95dd
date added to LUP
2023-04-12 16:03:58
date last changed
2025-06-13 14:24:41
@inbook{4143cc68-731b-4c2b-a7aa-901f51da95dd,
  abstract     = {{There is a distinction between asking whether a military commander’s act was reasonable and asking whether a military commander acted in the manner in which a reasonable military commander would have acted. The difference is that only the second question compels a person assessing a given state of affairs to engage in empathetic perspective-taking. Accordingly, this chapter argues that the reasonable military commander test is a legal device which invites those who apply it to engage in empathetic perspective-taking. Construing the reasonable military commander test as a perspective-taking device brings into focus the crucial question of whose views and whose interests influence the legal evaluation of a commander’s behaviour. Understanding the reasonable military commander test in this way also directs attention to the role of empathy in the battlefield. It is important to be clear about this rationale of the reasonable military commander test in the battlefield in order to ensure that the conduct of military commanders is assessed accurately.}},
  author       = {{Jeutner, Valentin}},
  booktitle    = {{Honest Errors? Combat Decision Autonomy 75 Years After Hostage}},
  editor       = {{Hayashi, Nobuo and Lingaas, Carola}},
  isbn         = {{978-94-6265-610-9}},
  keywords     = {{Public international law; Folkrätt}},
  language     = {{eng}},
  pages        = {{233--260}},
  publisher    = {{T.M.C. Asser Press}},
  title        = {{Empathy at War: The Distinction between Reasonableness and the Reasonable Military Commander Standard}},
  url          = {{http://dx.doi.org/10.1007/978-94-6265-611-6_10}},
  doi          = {{10.1007/978-94-6265-611-6_10}},
  year         = {{2024}},
}