Liability for Wrongful Assistance: On Causing Unjust Harm in the Course of Suboptimal Rescue

Journal of Applied Philosophy 39 (1):23-37 (2022)
  Copy   BIBTEX

Abstract

Several states, including the United Kingdom, the United States, and France, have recently engaged in the high-profile supporting of foreign rebel fighters, providing them with training, weapons, and financial resources. Justifications for providing this assistance usually invoke, at least in part, our obligations to prevent harm to the citizens of oppressive and violent regimes. Providing such assistance is often presented as a morally safe ‘middle ground’ between doing nothing and putting one’s own troops at risk. Yet this assistance typically enables rebels to cause unjust harms, since armed uprisings almost invariably cause harm to innocent people. I argue that enabling these unjust harms can render the provision of assistance unjustified. When a state could prevent at least as much harm by using its resources in other ways, such as preventing disease, without thereby causing comparable unjust harm and without incurring a (significantly greater) supererogatory cost, the state acts unjustifiably if it nonetheless funds the rebellion. When assistors unjustifiably enable unjust harms, they are morally liable to bear costs for the sake of people who suffer those harms. This is true even if the rebels act justifiably in directly inflicting those harms.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 91,881

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Liability for failing to rescue.TheodoreM Benditt - 1982 - Law and Philosophy 1 (3):391 - 418.
Defensive Liability Without Culpability.Saba Bazargan-Forward - 2016 - In Christian Coons & Michael Weber (eds.), The Ethics of Self-Defense. New York, NY: Oxford University Press USA.
Civilian Liability.Helen Frowe - 2019 - Ethics 129 (4):625-650.
Wrongful Life and the Counterfactual Element in Harming.Joel Feinberg - 1986 - Social Philosophy and Policy 4 (1):145.
Drug War Reparations.Jessica Flanigan & Christopher Freiman - 2020 - Res Philosophica 97 (2):141-168.
Duty and Liability.Victor Tadros - 2012 - Utilitas 24 (2):259-277.
Non-Compensable Harms.Todd N. Karhu - 2019 - Analysis 79 (2):222–230.
Complicitous liability in war.Saba Bazargan - 2013 - Philosophical Studies 165 (1):177-195.
What is Unjust Enrichment?Charlie Webb - 2009 - Oxford Journal of Legal Studies 29 (2):215-243.
Middle ground on liability for costs?Joachim Wündisch - 2020 - Philosophical Studies 177 (10):3097-3115.

Analytics

Added to PP
2020-11-18

Downloads
15 (#947,088)

6 months
2 (#1,198,779)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Helen Frowe
Stockholm University

Citations of this work

No citations found.

Add more citations

References found in this work

No references found.

Add more references