Self-defense, culpability, and distributive justice

Law and Philosophy 29 (1):75-91 (2010)
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Abstract

This paper has a threefold purpose: to question the adequacy of two familiar proposals for explaining the permissibility of harming others in self-defense, to suggest an alternative explanation, and to answer some objections to this latter explanation. By and large, discussions of the proposals whose adequacy I will question focus on what they imply about the permissibility of self-defense in controversial cases. I will argue here that the proposals themselves contain large and significant theoretical gaps. Accordingly, examining their implications for controversial cases is premature, since they don’t adequately explain permissible self-defense in even the clearest cases—that is, those in which people defend themselves against “culpable attackers”.

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Citations of this work

Justifying Uncivil Disobedience.Ten-Herng Lai - 2019 - Oxford Studies in Political Philosophy 5:90-114.
Recent Work on the Ethics of Self-Defense.Tyler Doggett - 2011 - Philosophy Compass 6 (4):220-233.
Killing Innocent People.Tyler Doggett - 2018 - Noûs 52 (3):645-666.
Proportionality in the Liability to Compensate.Todd Karhu - 2022 - Law and Philosophy 41 (5):583-600.
Ética en la guerra: la distinción entre soldados y civiles.Francisco Lara - 2013 - Revista de Filosofía (Madrid) 38 (2):79-98.

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