In his recent JME article Daniel Restrepo argues that both legal and ethical rules should protect the so-called Naked Soldiers, combatants engaged in activity unrelated to military operations and unaware of the imminent danger threatening them. I criticize this position from several angles. I deny the existence of any link between vulnerability and innocence, and claim ignorance of deadly threats does not give rise to a morally distinguished type of vulnerability. I argue that actions not contributing to the war effort (...) are nevertheless an inherent part of fighting a war, and that combatants do not signal intention to abandon their commitment to the war effort by undertaking these. I show that by granting hors de combat status to Naked Soldiers, we would unjustly disadvantage their opponents and engender significant and manifold practical difficulties that the proponents of the view fail to solve or even anticipate. Finally, I demonstrate that Restrepo’s general project of “making killing in war difficult to legitimately justify” regardless of why, how and by whom the killing is done is incompatible with just war theory’s basic assumptions. That project is in fact pacifist in nature and as such redundant in light of pacifism’s broader and stronger implications. (shrink)

In the course of commenting on the third chapter of Frances Kamm’s Ethics for Enemies, this article proposes an analysis of the notion of a just cause for war, according to which there is a just cause only when those whom it is necessary to attack as a means of achieving some aim are potentially morally liable to be attacked. The remainder of the article then discusses issues of proportionality, particularly in relation to several distinct forms of moral justification for (...) harming or killing people. Among the central questions addressed is what the conditions are in which good effects of a war that are independent of the achievement of the just cause may count in determining whether the war would be proportionate. (shrink)

Steinhoff defends the moral and legal permissibility of torture in a limited range of circumstances. This article criticizes Steinhoff’s arguments. The analogy between ordinary defensive violence and defensive torture which Steinhoff argues for is partly spoiled by the presence, within defensive torture, of opportunistic harm, in addition to eliminative harm. Steinhoff’s arguments that the mere legalization of defensive torture would not metastasize into a more full-fledged institutionalization of torture are also found wanting. As a minimal form of institutionalization, the mere (...) legalization of torture would already be at risk of further entrenchment and growth. (shrink)

The focus on the moral rights of combatants in the ethics of war ignores a very important point: although morally unjust combatants cannot be considered moral equals to just combatants, especially with regard to the right to kill, there are sound moral reasons why the laws of war should accept a kind of equality between them, a concept referred to as “reduced legal equality.” Reduced legal equality is not about equal moral rights but about granting legal immunity to combatants for (...) their conduct in accordance with the laws of war. This article shows that reduced legal equality of combatants is not only the morally best legal regulation in our nonideal international world but also the correct interpretation of international law. (shrink)

This paper argues that the reason why political leadership often involves dirty hands is because of its relationship with violence. To make the case, it maintains that violent means create and assert a form of dominating power that is in tension with the proper ends of political action. This power casts a wide shadow, frequently dominating large numbers of non-targets and empowering unscrupulous agents. On the other side of the balance, characteristically political justifications for violence are ‘supra-moral,’ meaning that they (...) are motivated by the value of a conception of morality taken as a whole (or, indeed, morality as such) rather than by any particular moral value. The weight that ought to be given to such ends is indeterminate in a way that makes uncancelled remainders arising from the evil of violence likely in many cases. (shrink)

There is a decided consensus that Kantian ethics yields an absolutist case against torture – that torture is morally wrong and absolutely so. I argue that while thereisa Kantian case against torture, Kantian ethics does not clearly entail absolutism about torture. I consider several arguments for a Kantian absolutist position concerning torture and explain why none are sound. I close by clarifying just what the Kantian case against torture is. My contention is that while Kantian ethics does not support a (...) variety ofmoralabsolutism about torture, it does suggest a strong version oflegalabsolutism. (shrink)

After decades of receiving a lot of attention on the epistemological level, the so-called ‘problem of intuitions’ is now in the center of debates on the metaphilosophical level. One of the reasons for this lies in the unfruitfulness of the epistemological discussions that recently subsided without producing any significant or broadly accepted theory of intuitions. Consequently, the metaphilosophical level of discussion of the ‘problem of intuitions’ inherits the same difficulties of the epistemological level. The significance of Max Deutsch’s book The (...) Myth of the Intuitive is his effort to resolve these problems in a clear and persuasive way. He is not only trying to debunk problems behind the vagueness of the ‘intuition-talk’ by drawing important distinctions that usually go under the radar in the contemporary literature, but also develops his own account of philosophical methodology. In this paper I will present some of his arguments against the traditional view of intuitional methodology, as well as his own solutions to the presented problems. Regardless of Deutsch’s insightful account of the ‘problem of intuitions’, I find that some difficulties in his own proposal are inherited from the unresolved issues of intuitions on the epistemological level. (shrink)

Prof. Miščević has long been an ardent defender of the use of thought experiments in philosophy, foremost metaphysics, epistemology and philosophy of mind. Recently he has, in his typically sophisticated manner, extended his general account of philosophical thought-experimenting to the domain of normative politics. Not only can the history of political philosophy be better understood and appreciated, according to Miščević, when seen as a more or less continuous, yet covert, practice of thought-experimenting, the very progress of the discipline may crucially (...) depend on finding the right balance between the constraints of (biological, psychological, economic, political, and so on) reality and political-moral ideals when we set to design our basic political notions and institutions. I have much less confidence in this project than prof. Miščević does. As a subspecies of moral TE, political TE share all their problems plus exhibit some of their own. In the paper, I present and discuss two types of evidence that threaten to undermine political philosophers’ trust in thought-experiments and the ethical/political intuitions elicited by them: (i) the dismal past record of thought-experimentation in moral and political philosophy; and (ii) the variety, prevalence, and stubbornness, of bias in ordinary social/political judgment. (shrink)

In a recent paper, Jonathan Quong tries to offer further support for “the proposition that there are sometimes agent-relative prerogatives to harm nonliable persons.” In this brief paper, I will demonstrate that Quong’s argument implicitly relies on the premise that the violinist in Thomson’s famous example has a right not to be unplugged. Yet, first, Quong provides no argument in support of this premise; and second, the premise is clearly wrong. Moreover, throughout his paper Quong just question-beggingly and without argument (...) assumes that one cannot lose rights in other ways than by one’s own responsible action. I conclude that Quong has failed to provide further support for his thesis. (shrink)