What Makes a Person Liable to Defensive Harm?

Philosophy and Phenomenological Research 97 (3):543-567 (2017)
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Abstract

On Jeff McMahan's influential ‘responsibility account’ of moral liability to defensive killing, one can forfeit one's right not be killed by engaging in an ordinary, morally permissible risk-imposing activity, such as driving a car. If, through no fault of hers, a driver's car veers out of control and toward a pedestrian, the account deems it no violation of the driver's right to save the pedestrian's life at the expense of the driver's life. Many critics reject the responsibility account on the grounds that, first, it has draconian implications for threateners like the driver, and second, it contravenes the plausible principle that wronging one's victim is necessary for forfeiting one's rights. But I argue, drawing on the account's luck-egalitarian underpinnings, that the account lacks the draconian implications widely attributed to it, and contrary to what many assume, wrongdoing is unnecessary for rights-forfeiture. Via these arguments, I seek both to deepen our understanding of the responsibility account, and to reissue it in a more plausible and attractive form.

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Kerah Gordon-Solmon
Queen's University

Citations of this work

The Moral Grounds of Reasonably Mistaken Self-Defense.Renée Jorgensen Bolinger - 2020 - Philosophy and Phenomenological Research 103 (1):140-156.
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Self-Defense.Helen Frowe & Jonathan Parry - 2021 - Stanford Encyclopedia of Philosophy 2021.
Coerced Consent with an Unknown Future.Tom Dougherty - 2020 - Philosophy and Phenomenological Research 103 (2):441-461.

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References found in this work

Killing the Innocent in Self‐Defense.Michael Otsuka - 1994 - Philosophy and Public Affairs 23 (1):74-94.
Innocence, Self‐Defense and Killing in War.Jeff McMahan - 1994 - Journal of Political Philosophy 2 (3):193-221.

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