In this article, I develop a general explanatory model of the liability and lesser evil justifications of harm. Despite their respective provenance in consequentialist and deontological ethics, both justifications are, at root, rich forms of the proportionality relationship between a shared set of underlying normative variables. The nature of the proportionality relationship, and the conditions under which it operates, differ between the two forms of justification. The article explores these differences in detail and the implications they have for the justification (...) of self-defense and war. (shrink)

This essay attempts to develop a new theoretical model for business ethics distinct from the two canonical business‐ethics theories, the stakeholder theory and the shareholder value theory. Milton Friedman argued that because managers are agents of the company's owners, their sole moral responsibility is to maximize owner returns. Thomas Pogge has recently suggested that such a view involves a kind of moral incoherence and that we should reject the efficacy of social arrangements like the principal‐agent relationship in altering moral obligations. (...) Both views fail to give proper account of the dispersal of moral responsibilities in business contexts. We must distinguish “minimal moral obligations” (stemming from justice and rights) from “maximal moral obligations” (stemming from all other moral considerations, including duties of aid, beneficence, and the virtues). Minimal obligations apply to all persons, but maximal obligations can be effected by social arrangements like the owner‐manager relationship. There may be moral obligations incumbent on owners that do not apply to managers. Understanding this distribution of responsibilities enables us to develop a new and attractive model of business ethics––“the ownership model”––which places greater emphasis on the rights and responsibilities of the owners of business than has been traditional in business ethics. (shrink)

This collection by leading scholars represents state of the art writings on the ethics of war. Many of the most important and contested controversies in modern war receive comprehensive discussion: the practice of torture, terrorism, assassination and targeted killing, the bombing of civilians in war, humanitarian intervention, and the invasion of Iraq Analytical introduction provides a guide to recent developments in the ethics of war An excellent overview for general readers interested in the current debate and controversies over the ethics (...) of war. (shrink)

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 philosophers. -/- Winner of the American Philosophical Association Frank Chapman Sharp Memorial Prize.

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. (shrink)

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. (shrink)

Can a soldier be held responsible for fighting in a war that is illegal or unjust? The chapters in the book both challenge and defend many deeply held assumptions: about the liability of soldiers for crimes of aggression, about the nature and justifiability of terrorism, about the relationship between law and morality.

This article provides an explanatory account of a central class of moral rights; their normative grounding, the conditions for their possession and forfeiture, and their moral stringency. It argues that interpersonal rights against harm and rights to assistance are best understood as arising from reciprocity relations between moral agents. The account has significant advantages compared with rivals such as the interest theory of rights. By explaining the differential enforceability of rights against harm and rights to assistance, the reciprocity theory helps (...) to refute an argument made by Cecile Fabre that the poor may have a justification for engaging in war against the affluent to compel them to fulfil their duties of assistance to the poor. (shrink)

Important moral dilemmas arise in the context of what I have called jus terminatio and Darrel Moellendorf has called jus ex bello—the norms governing the termination of war. I discuss three dilemmas, showing how they also illuminate proportionality and jus ad bellum: morally accounting for new costs that arise during the course of a war; two variants of the “sunk-cost dilemma” in which an agent is permitted to contribute to a project that is all things considered morally unjust, when that (...) project is morally justified on a forward-looking basis; and the problem of moral hazard in peace negotiations. (shrink)

Is a nation ever justified in attacking before it has been attacked? If so, under precisely what conditions? This volume of new, specially commissioned chapters provides the most definitive assessment to date of the justifiability of preemptive or preventive military action.

In "The Ethics of America's Afghan War," Richard W. Miller argues that reflecting on whether and how to end the war in Afghanistan exposes serious deficiencies in just war theory. I agree, though for different reasons than those canvassed by Professor Miller.

I doubt that geostrategic considerations can play the role in moral assessment that Richard Miller believes they do. But the phenomena he is pointing to do illuminate important defects in traditional just war theory.

One way to tell the story of contemporary ethics of war is as a gradual expansion of the period of time to which theorists attend in relation to war, from ad bellum and in bello to post bellum and ex bello. Ned Dobos, in his new book, Ethics, Security, and the War-Machine, invites us to expand this attention further to the period between wars, which he calls jus ante bellum. In this essay, I explore two significant implications of this shift (...) in normative focus. First, I argue that it opens up an important and productive field of the ethics of military policy-making outside of conflict, including procurement, training, force posture, and military diplomacy. Second, I argue that attending to the relationship between ante bellum and ad bellum considerations contains the seeds of a powerful pacifist argument. (shrink)

The Ethics of War traces how different cultures involved in present conflicts have addressed problems over the centuries. Distinguished authors reflect how the Greco-Roman world, Byzantium, the Christian just war tradition, Islam, Judaism, Hinduism and the Geneva Conventions have addressed recurrent ethical issues of war. Cutting edge essays by prominent modern theorists address vital contemporary issues including asymmetric war, preventive war, human rights and humanitarian intervention.

In 1900 David Hilbert announced his famous list of then-opened mathematical problems; the problem number 6 in this list is axiomatization of physical theories. Since then a lot of systematic efforts have been invested into solving this problem. However the results of these efforts turned to be less successful than the early enthusiasts of axiomatic method expected. The existing axiomatizations of physical and biological theories provide a valuable logical analysis of these theories but they do not constitute anything like (...) their standard presentation,which can be used for transmission, evaluation, and justification of physical and biological knowledge. This state of theart in the axiomatization of physics is strong evidence that the standard notion of axiomatic theory stemming from Hilbert and Tarski is not appropriate for thet ask. However in the recent years in mathematics there emerged a new axiomatic approach best represented by the Homotopy Type theory (HoTT). We argue that the constructive axiomatic architecture used in HoTT has better chances to be successfully applied in physics as well as in computer science and engineering. (shrink)

Two recent monographs re-examine the central elements of the just war tradition and its contemporary applications. David Rodin’s War and Self-Defense analyzes, and rejects, the common doctrine that just war is an instance of national self-defense, in parallel with the right of individuals to protect themselves against violent attack. This derivation fails, and it cannot justify resort to war. In contrast, Oliver O’Donovan’s The Just War Revisited dismisses the notion that there are rules for just war and calls (...) instead for careful and deliberate practical reasoning in particular contexts. Indeed, there can be no just wars, only specific acts that pass the tests of theological, historical, and practical scrutiny. (shrink)

Adrian Stokes , long admired by a small, highly distinguished, mostly English circle, was the natural successor to Pater and Ruskin. But though his place in cultural history is important, what is of particular interest now to art historians is his theory of the presentness of painting, a theory which offers a challenging critique of the practice of artwriting. From Vasari to the present, the most familiar rhetorical strategy of the art historian is the narrative of “the form, prophet-saviour-apostles,” in (...) which the first artist poses some problem that his successors develop and their successors solve.1 Such very different books as Art and Illusion and Art and Culture deploy that plan. The three periods of naturalism in E. H. Gombrich’s narrative—antiquity, Renaissance religious narrative, nineteenth-century landscape—function like Clement Greenberg’s sequence—old master art, early French modernism, American abstract expressionism. Gombrich and Greenberg disagree about how to narrate art’s history and about which works to include in that narrative—Gombrich asserts that cubism closes the canon while for Greenberg analytical cubism anticipates Jackson Pollock—but in each case, the art historian aims, as the novelist does, to tell a satisfying story and achieve narrative closure, and so how we think of the artworks the historian discusses depends in part upon the structure of the narrative. In a certain mood, we may find this fact intolerable. Why should a mere text tell us how to see the painting we may stand before?Stokes’ attempt to respond to this mood belongs to a tradition of early twentieth-century antihistorical thinking. For Rainer Maria Rilke, Rodin’s sculpture aimed to “refer to nothing that lay beyond it.” For Ezra Pound, an image “is real because we know it directly”; Henri Gaudier-Brzeska could read Chinese ideograms without knowing that language because those ideograms are transparently meaningful images. For Wyndham Lewis, a musical piece is inferior to a statue, “always there in its entirety before you.”2 Such an artwork need not be interpreted because it contains “within itself all that is relevant to itself.”3 All art is accessible to the gifted observer, and time is, in an interesting double sense, irrelevant. We see directly the meaning of works even from distant cultures; the visual artwork is experienced all at once, outside of time. If these claims are correct, what is the artwriter to do? Speaking of the Tempio Malatestiana, Hugh Kenner points to this issue:There is no description of the Tempio in accordance with good Vorticist logic: one art does not attempt what another can do better, and the meaning of the Tempio has been fully explicated on the spot by Agostino di Duccio with his chisel.4 1. Michael Baxandall, Giotto and the Orators: Humanist Observers of Painting in Italy and the Discovery of Pictorial Composition 1350-1450 , p. 75.2. Rainer Maria Rilke, Rodin, trans. Jessie Lemont and Hans Trausil , p. 19; Ezra Pound, Gaudier-Brzeska: A Memoir , p. 86; Wyndham Lewis, Time and Western Man , p. 174.3. Frank Kermode, Romantic Image , p. 107.4. Hugh Kenner, The Pound Era , p. 428. David Carrier, associate professor of philosophy at Carnegie-Mellon University, is coauthor, with Mark Roskill, of Truth and Falsehood in Visual Images and author of the forthcoming Artwriting, a study of recent American art criticism. He is working on a history of art history. (shrink)

David Rodin denies that defensive wars against unjust aggression can be justified if the unjust aggression limits itself, for example, to the annexation of territory, the robbery of resources or the restriction of political freedom, but would endanger the lives, bodily integrity or freedom from slavery of the citizens only if the unjustly attacked state actually resisted the aggression. I will argue that Rodin's position is not correct. First, Rodin's comments on the necessity condition and its (...) relation to an alleged "duty to retreat" misinterpret the law, and a correct interpretation of the law is not only compatible with, but implies a permission to resist the "bloodless invader," and this is also the correct view from the perspective of morality. Second, Rodin's remarks on the proportionality of self-defense against conditional threats focus on physical or material harm but implausibly ignore the severity of the violations of autonomy and of the socio-legal or moral order that such conditional threats involve. Third, I will address Rodin's claim that defensive wars against "political aggression" are disproportionate because they risk the lives of those defended in an attempt to secure lesser interests. I will argue that this take on proportionality misses the point in an important respect, namely by confusing wide and narrow proportionality, and makes unwarranted assumptions about the alleged irrationality or impermissibility of incurring or imposing lethal risks to safeguard less vital interests. Next, I will also show that while Rodin talks of a "myth of national self-defense" and of the necessity of moving beyond traditional just war theory and international law, it is actually his interpretation of just war theory and international law that weaves myths. Finally, I will argue that Rodin's views on national self-defense on the one hand, and "war as law enforcement" on the other, are incoherent. (shrink)

The article is a brief response to Jacob Blair’s critique of David Rodin’s argument in War and Self-Defense that there are circumstances in which war conceivably could be justified not as self-defence, but as law enforcement or punishment. It argues that while Rodin’s position potentially is less dilemmatic than Blair suggests, Blair nevertheless usefully highlights tensions within it. Blair’s own argument in favour of ar as law-enforcement is suggestive, but in no way conclusive.

abstract David Rodin has recently put forward a compelling but disturbing argument to the effect that the traditional justification in Just War Theory of a state's right to self‐defence (what Rodin calls national‐defence), which is derived from the legitimate case of personal self‐defence, fails. He concludes that the only way to justify forceful responses to aggression against states by other states or non‐state groups is by viewing the right to do so as falling under a form of (...) law‐enforcement, which in turn requires the existence of some overarching universal state. In this paper I argue that there exists a possible justification for national‐defence that Rodin has overlooked due to an underlying commitment to what Charles Taylor calls ‘the primacy of rights thesis’. My claim is that a particular family of views that see human identity as being crucially bound up with society offers the resources to avoid the pitfalls that Rodin points out befall other attempts to justify national‐defence. (shrink)