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<p>Gangs often go to war. When gang soldiers kill one another in battle, the law treats them as murderers. But the dominant framework for assessing war’s morality, just war theory, would treat them very differently. In this paper, I argue that gang warfare is indeed war on just war theory’s terms, and that gang soldiers can often claim partial moral excuses for their conduct. This should not be taken to forbid the punishment of gang soldiers. It should be taken to inform that punishment – for example, by showing that gang membership should sometimes be a mitigating factor at sentencing.</p>

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Gang Violence and Just War Theory

  • 期刊论文

  • 发表日期：

    2025年7月15日

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  • Jacob Gordon

摘要

Gangs often go to war. When gang soldiers kill one another in battle, the law treats them as murderers. But the dominant framework for assessing war’s morality, just war theory, would treat them very differently. In this paper, I argue that gang warfare is indeed war on just war theory’s terms, and that gang soldiers can often claim partial moral excuses for their conduct. This should not be taken to forbid the punishment of gang soldiers. It should be taken to inform that punishment – for example, by showing that gang membership should sometimes be a mitigating factor at sentencing.