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The Just War principle of jus ad bellum explicitly requires a reasonable prospect of success; the prevailing view about personal self-defence is that it can be justified even if the prospect of success is low. This chapter defends the existence of this distinction and goes on to explore the normative basis of this difference between defensive war and self-defence and its implications. In particular, the chapter highlights the rationale of the ‘success condition’ within Just War thinking and argues that this (...) No categories |
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The thesis of this paper is that it is possible to explain why a culpable aggressor forfeits his right not to suffer the harm necessary to prevent his aggression if a killer forfeits his right to life. I argue that this strategy accounts also for the necessity restriction on self-defense. I respond to several objections, including the worry that it makes no sense to attempt a derivation of the relatively uncontroversial from the highly controversial. No categories |
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Just institutions have claims on us. There are two reasons for thinking that such claims are warranted. First, one may believe that we are under a natural duty of justice to support and further just institutions. If one believes that it matters whether institutions are just, one also has a reason, almost as a matter of consistency, to support and further just institutions. Second, one may believe that by enjoying the benefits brought about by cooperation through just institutions, one incurs (...) |
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Two conditions guiding permissible use of force in self-defence are proportionality and success. According to the proportionality condition the means used to prevent an attack can be permissible only if they are proportional to the interest at stake.1 According to the success condition, otherwise impermissible acts can be justified under the right to self-defence only if they are likely to succeed in preventing the perceived threat.2 These requirements should not always be interpreted narrowly. Sometimes people are permitted to kill culpable (...) |
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Sometimes victims cannot defend themselves against the threat posed to them, but they can nevertheless harm or even kill their aggressors. Since they cannot defend themselves, it is unclear how such harming can be justified under the title of self-defense. According to the “Honor Solution,” by violently resisting their aggressors, victims do (partially) defend themselves because they protect their honor. Blake Hereth recently argued that this solution is incompatible with the feminist commitment that sexual assault victims ought not to be (...) |
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“Teflon immorality’’ (or TI) is immorality that goes on unchecked—the wrongdoing is not stopped and its perpetrators, beyond the reach of punishment or other sanction, often persist in their immoral ways. The idea that the immoral prosper has been recognized as morally (and legally) disturbing presumably for as long as humanity has been reflective, and can be found already in the Bible. The reasons behind a great deal of successful immorality are important practically, but uninteresting philosophically. Sometimes, however, we face (...) |
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This article addresses a previously overlooked problem in the ethics of defensive killing. Everyone agrees that defensive killing can only be justified when it is necessary. But necessary for what? That seemingly simple question turns out to be surprisingly difficult to answer. Imagine Attacker is trying to kill Victim, and the only way one could save Victim is by killing Attacker. It would seem that, in such a case, killing is necessary. But now suppose there is some other innocent person, (...) No categories |
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The traditional international law of self-defense provides little indication about how far states should be willing to defend. That choice is better understood as constrained, beyond the jus in bello and the jus ad bellum, by human rights norms that implicate responsibilities of the sovereign vis-à-vis its own population. Different conceptions of human rights, however, underscore different possible theories of the extent of self-defense. The main polarity is between a conception of self-defense as protecting bare life and a conception of (...) |
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In public discourse, activists are often criticized for directing their acts of political resistance against this or that specific target. Underlying these criticisms appears to be a strongly held, though underarticulated, intuitive moral judgment that some targets are legitimate whereas others are not. Little philosophical attention has been paid to this issue. My primary aim is to address this neglect. I specify a central part of this intuitive judgment – centering on persons and activities – and argue that there is (...) |
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Defence cases with an escalatory structure, in which the levels of violence between aggressor and defender start out as minor and then become major, even lethal, raise sharp problems for defence theory, and for our understanding of the conditions of defence: proportionality, necessity, and imminence. It is argued here that defenders are not morally required to withdraw from participation in these cases, and that defensive escalations do not offend against any of the conditions of defence, on an adequate understanding of (...) |
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This paper first argues that a state can justifiably fight a hopeless war of self-defense when its enemy determines to massacre its people after it surrenders or is defeated. The main reason is that, in this situation, even if the victim state surrenders, it still has to suffer from harms that are similar to or worse than the harms involved in fighting a hopeless war. This paper then discusses some complicated issues raised by applying this argument to various situations in (...) |
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It is sometimes proposed that killing or harming abortion providers is the only logically consistent position available to opponents of abortion. Since lethal violence against morally responsible attackers is normally viewed as justified in order to defend innocent parties, pro-lifers should also think so in the case of the abortion doctor and so they should act to defend the unborn. In our paper, we defend the mainstream pro-life view against killing abortion doctors. We argue that the pro-life view can, in (...) |
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The Animal Rights Thesis (ART) entails that nonhuman animals like pigs and cows have moral rights, including rights not to be unjustly harmed. If ART is true, it appears to imply the permissibility of killing ranchers, farmers, and zookeepers in defense of animals who will otherwise be unjustly killed. This is the Militancy Objection (MO) to ART. I consider four replies to MO and reject three of them. First, MO fails because animals lack rights, or lack rights of sufficient strength (...) |
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Acts of futile resistance—harms against an aggressor which could not reasonably hope to avert the threat the aggressor poses—give rise to a puzzle: on the one hand, many such acts are intuitively permissible, yet on the other, these acts fail to meet the justificatory standards of defensive action. The most widely accepted solution to this puzzle is that victims in such cases permissibly defend against a secondary threat to their honour, dignity, or moral standing. I argue that this solution fails, (...) |
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It is an orthodoxy of modern political thought that violence is morally incompatible with politics, with the important exception of the permissible violence carried out by the state. The “commonsense argument” for permissible political violence denies this by extending the principles of defensive ethics to the context of state-subject interaction. This article has two aims: First, I critically investigate the commonsense argument and its limits. I argue that the scope of permissions it licenses is significantly more limited than its proponents (...) |
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Perhaps the biggest disconnect between philosophers and non-philosophers on the question of gun rights is over the relevance of arms to our dignitary interests. This essay attempts to address this gap by arguing that we have a strong prima facie moral right to resist with dignity and that violence is sometimes our most or only dignified method of resistance. Thus, we have a strong prima facie right to guns when they are necessary often enough for effective dignified resistance. This approach (...) |
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Las aeronaves remotamente tripuladas han tenido una incidencia creciente en los conflictos armados contemporáneos, y es esperable que ésta no haga sino aumentar en el futuro cercano. A menudo han sido presentados como “revolucionarios” y tanto resistidos como defendidos a ultranza en la literatura especializada. Este artículo procura analizar cómo los drones nos obligan a repensar el marco normativo en virtud del cual consideramos el uso de la fuerza permisible. En particular, examina cómo algunos de sus principales rasgos inciden no (...) No categories |
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More than two hundred cities in the United States have now declared themselves to be sanctuary cities. This declaration involves a commitment to non-compliance with federal law; the sanctuary city will refuse to use its own juridical power – including, more crucially, its own police powers – to assist the federal government in the deportation of undocumented residents. We will argue that the sanctuary city might be morally defensible, even if deportation is not always wrong, and even if the federal (...) |
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One motivation for adopting a justice-based view of the right to self-defense is that it seems to solve the puzzle of how a victim may kill her attacker even when doing so is not predicted to protect her from the threat imposed upon her. The paper shows (a) that this view leads to unacceptable results and (b) that its solution to cases of futile self-defense is unsatisfactory. This failure makes the interest-based theory of self-defense look more attractive, both in the (...) |
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This paper surveys the most important recent debates within the ethics of war. Sections 2 and 3 examine the principles governing the resort to war (jus ad bellum) and the principles governing conduct in war (jus in bello). In Section 4, we turn to the moral guidelines governing the ending and aftermath of war (jus post bellum). Finally, in Section 5 we look at recent debates on whether the jus ad bellum and the jus in bello can be evaluated independently (...) |
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Most people believe that it is sometimes morally permissible for a person to use force to defend herself or others against harm. In Defensive Killing, Helen Frowe offers a detailed exploration of when and why the use of such force is permissible. She begins by considering the use of force between individuals, investigating both the circumstances under which an attacker forfeits her right not to be harmed, and the distinct question of when it is all-things-considered permissible to use force against (...) |
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This paper considers whether victims can justify what appears to be unnecessary defensive harming by reference to an honour-based justification. I argue that such an account faces serious problems: the honour-based justification cannot permit, first, defensive harming, and second, substantial unnecessary harming. Finally, I suggest that, if the purpose of the honour based justification is expressive, an argument must be given to demonstrate why harming threateners, as opposed to opting for a non-harmful alternative, is the most effective means of affirming (...) |
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