The Mechanics of Claims and Permissible Killing in War

The Mechanics of Claims and Permissible Killing in War
Title The Mechanics of Claims and Permissible Killing in War PDF eBook
Author Alec D. Walen
Publisher Oxford University Press
Pages 352
Release 2019-03-15
Genre Philosophy
ISBN 0190872063

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According to the dominant account of rights, there are two ways to permissibly kill people: they have done something to forfeit their right to life, or their rights are outweighed by the significantly greater cost of respecting them. Contemporary just war theorists tend to agree that it is difficult to justify killing in the second way. Thus, they focus on the conditions under which rights might be forfeited. But it has proven hard to defend an account of forfeiture that permits killing when and only when it is morally justifiable. In The Mechanics of Claims and Permissible Killing in War, Alec D. Walen develops an alternative account of rights according to which rights forfeiture has a much smaller role to play. It plays a smaller role because rights themselves are more contextually contingent. They systematically reflect the different kinds of claims people can make on an agent. For example, those who threaten to cause harm without a right to do so have weaker claims not to be killed than innocent bystanders or those who have a right to threaten to cause harm. By framing rights as the output of a balance of competing claims, and by laying out a detailed account of how to balance competing claims, Walen provides a more coherent account of when killing in war is permissible.

MECHANICS OF CLAIMS AND PERMISSIBLE KILLING IN WAR

MECHANICS OF CLAIMS AND PERMISSIBLE KILLING IN WAR
Title MECHANICS OF CLAIMS AND PERMISSIBLE KILLING IN WAR PDF eBook
Author WALEN.
Publisher
Pages
Release
Genre
ISBN 9780190872076

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The Mechanics of Claims and Permissible Killing in War

The Mechanics of Claims and Permissible Killing in War
Title The Mechanics of Claims and Permissible Killing in War PDF eBook
Author Alec D. Walen
Publisher Oxford University Press
Pages 265
Release 2019-03-15
Genre Philosophy
ISBN 0190872055

Download The Mechanics of Claims and Permissible Killing in War Book in PDF, Epub and Kindle

According to the dominant account of rights, there are two ways to permissibly kill people: they have done something to forfeit their right to life, or their rights are outweighed by the significantly greater cost of respecting them. Contemporary just war theorists tend to agree that it is difficult to justify killing in the second way. Thus, they focus on the conditions under which rights might be forfeited. But it has proven hard to defend an account of forfeiture that permits killing when and only when it is morally justifiable. In The Mechanics of Claims and Permissible Killing in War, Alec D. Walen develops an alternative account of rights according to which rights forfeiture has a much smaller role to play. It plays a smaller role because rights themselves are more contextually contingent. They systematically reflect the different kinds of claims people can make on an agent. For example, those who threaten to cause harm without a right to do so have weaker claims not to be killed than innocent bystanders or those who have a right to threaten to cause harm. By framing rights as the output of a balance of competing claims, and by laying out a detailed account of how to balance competing claims, Walen provides a more coherent account of when killing in war is permissible.

Who Should Die?

Who Should Die?
Title Who Should Die? PDF eBook
Author Ryan C. Jenkins
Publisher Oxford University Press
Pages 257
Release 2018
Genre Law
ISBN 0190495650

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This volume collects influential and groundbreaking philosophical work on killing in war. A "who's who" of contemporary scholars, this volume serves as a convenient and authoritative collection uniquely suited for university-level teaching and as a reference for ethicists, policymakers, stakeholders, and any student of the morality of war.

Killing in War

Killing in War
Title Killing in War PDF eBook
Author Jeff McMahan
Publisher OUP Oxford
Pages 264
Release 2009-04-23
Genre Philosophy
ISBN 0191563463

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Killing a person is in general among the most seriously wrongful forms of action, yet most of us accept that it can be permissible to kill people on a large scale in war. Does morality become more permissive in a state of war? Jeff McMahan argues that conditions in war make no difference to what morality permits and the justifications for killing people are the same in war as they are in other contexts, such as individual self-defence. This view is radically at odds with the traditional theory of the just war and has implications that challenge common sense views. McMahan argues, for example, that it is wrong to fight in a war that is unjust because it lacks a just cause.

War and Self-Defense

War and Self-Defense
Title War and Self-Defense PDF eBook
Author David Rodin
Publisher Clarendon Press
Pages 232
Release 2002-10-17
Genre Philosophy
ISBN 0191531545

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When is it right to go to war? The most persuasive answer to this question has always been 'in self-defense'. In a penetrating new analysis, bringing together moral philosophy, political science, and law, David Rodin shows what's wrong with this answer. He proposes a comprehensive new theory of the right of self-defense which resolves many of the perplexing questions that have dogged both jurists and moral philosophers. By applying the theory of self-defense to international relations, Rodin produces a far-reaching critique of the canonical Just War theory. The simple analogy between self-defense and national defense - between the individual and the state - needs to be fundamentally rethought, and with it many of the basic elements of international law and the ethics of international relations.

Permissible Killing

Permissible Killing
Title Permissible Killing PDF eBook
Author Suzanne Uniacke
Publisher Cambridge University Press
Pages 258
Release 1994
Genre Law
ISBN 9780521564588

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Do individuals have a positive right of self-defence? And if so, what are the limits of this right? Under what conditions, if any, does this use of force extend to the defence of others? These are some of the issues explored by Dr Uniacke in this comprehensive philosophical discussion of the principles relevant to self-defence as a moral and legal justification of homicide. She establishes a unitary right of self-defence and defence of others, one which grounds the permissibility of the use of necessary and proportionate defensive force against culpable and non-culpable, active and passive, unjust threats. Particular topics discussed include: the nature of moral and legal justification and excuse; natural law justifications of homicide in self-defence; the Principle of Double Effect and the claim that homicide in self-defence is justified as unintended killing; and the question of self-preferential killing. This is a lucid and sophisticated account of the complex notion of justification, revolving around a critical discussion of recent trends in the law of self-defence.