For the role of utilitarianism in the ethics of war and peace, Shaw suggests there is a Utilitarian War Principle (UWP) and argues that the principles of the just war theory should be treated as intermediate principles that are subordinated to UWP. He also argues that the state should be the primary legitimate authority to wage war and holder of the right of national defense. I argue that the utilitarian approach should be specifically linked with contingent pacifism, a new understanding (...) of pacifism from within the just war tradition, and the utilitarian contingent pacifism only endorses individual self-defense but not national defense. This finding is not only theoretically important but has practical implications for the debate on Article 9 of the Japanese Constitution. Utilitarian contingent pacifism supports the idealist position that Article 9 is morally significant because it makes Japan a pioneer of the new kind of pacifism. (shrink)

Pacifism is the view that necessarily, the nonconsensual harming of pro tanto rights-bearers is all-things-considered morally impermissible. Critics of pacifism frequently point to common moral intuitions about self-defenders and other-defenders as evidence that pacifism is false and that self- and other-defense are often morally justified. I call this the Justification View and defend its rival, the Excuse View. According to the latter, a robust view of moral excuse adequately explains the common moral intuitions invoked against pacifism and is compatible with (...) pacifism. The paper proceeds in five steps. First, I identify ten intuitive data points that require explanation. Second, I introduce the justification/excuse distinction. Third, I demonstrate the Excuse View’s equal explanatory power with respect to the intuitive data. Fourth, I defend the Fair Use Principle: When evaluating the plausibility of rival theories J and E, the use of datum d’s full intuitive force against E and for J is epistemically permissible only if (i) d is better explained by J than E and (ii) no intuitive components of d are equally well-explained by E. Finally, I conclude that the conjunction of pacifism and the Excuse View renders the intuitive defense of the Justification View largely moot, and that this is a substantial victory for pacifism. (shrink)