The Mechanics of Claims and Permissible Killing in War

The Mechanics of Claims and Permissible Killing in War
Title The Mechanics of Claims and Permissible Killing in War PDF eBook
Author Alec D. Walen
Publisher Oxford University Press
Total Pages 264
Release 2019-03-15
Genre Philosophy
ISBN 0190872055

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According to the dominant account of rights, there are two ways to permissibly kill people: they have done something to forfeit their right to life, or their rights are outweighed by the significantly greater cost of respecting them. Contemporary just war theorists tend to agree that it is difficult to justify killing in the second way. Thus, they focus on the conditions under which rights might be forfeited. But it has proven hard to defend an account of forfeiture that permits killing when and only when it is morally justifiable. In The Mechanics of Claims and Permissible Killing in War, Alec D. Walen develops an alternative account of rights according to which rights forfeiture has a much smaller role to play. It plays a smaller role because rights themselves are more contextually contingent. They systematically reflect the different kinds of claims people can make on an agent. For example, those who threaten to cause harm without a right to do so have weaker claims not to be killed than innocent bystanders or those who have a right to threaten to cause harm. By framing rights as the output of a balance of competing claims, and by laying out a detailed account of how to balance competing claims, Walen provides a more coherent account of when killing in war is permissible.

MECHANICS OF CLAIMS AND PERMISSIBLE KILLING IN WAR

MECHANICS OF CLAIMS AND PERMISSIBLE KILLING IN WAR
Title MECHANICS OF CLAIMS AND PERMISSIBLE KILLING IN WAR PDF eBook
Author WALEN.
Publisher
Total Pages
Release
Genre
ISBN 9780190872076

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Killing in War

Killing in War
Title Killing in War PDF eBook
Author Jeff McMahan
Publisher OUP Oxford
Total Pages 264
Release 2009-04-23
Genre Philosophy
ISBN 0191563463

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Killing a person is in general among the most seriously wrongful forms of action, yet most of us accept that it can be permissible to kill people on a large scale in war. Does morality become more permissive in a state of war? Jeff McMahan argues that conditions in war make no difference to what morality permits and the justifications for killing people are the same in war as they are in other contexts, such as individual self-defence. This view is radically at odds with the traditional theory of the just war and has implications that challenge common sense views. McMahan argues, for example, that it is wrong to fight in a war that is unjust because it lacks a just cause.

Who Should Die?

Who Should Die?
Title Who Should Die? PDF eBook
Author Ryan Jenkins
Publisher Oxford University Press
Total Pages 257
Release 2017
Genre Philosophy
ISBN 0190495650

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"This academic text brings together, in one volume, the most recent and innovative accounts of liability in war. It offers a "who's who" of contemporary scholars working on and rigorously debating the major ethical questions surrounding self-defense and killing in war, including: liability to harm, rights theory, selective conscientious objection, obligations toward civilians, and autonomous weapons. This volume pulls together, expands upon, and provides new and updated analyses of the concept of liability (and related concepts) that have yet to be captured in a single work. As a convenient and authoritative collection of such discussions, this title is uniquely and well suited for university-level teaching and as a scholarly reference for ethicists, policymakers, and other stakeholders."--Provided by publisher.

The Ethics of War

The Ethics of War
Title The Ethics of War PDF eBook
Author Saba Bazargan
Publisher Oxford University Press
Total Pages 288
Release 2017-01-23
Genre Philosophy
ISBN 0199376158

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Just War theory - as it was developed by the Catholic theologians of medieval Europe and the jurists of the Renaissance - is a framework for the moral and legal evaluation of armed conflicts. To this day, Just War theory informs the judgments of ethicists, government officials, international lawyers, religious scholars, news coverage, and perhaps most importantly, the public as a whole. The influence of Just War theory is as vast as it is subtle - we have been socialized into evaluating wars largely according to the principles of this medieval theory, which, according to the eminent philosopher David Rodin, is "one of the few basic fixtures of medieval philosophy to remain substantially unchallenged in the modern world". Some of the most basic assumptions of Just War Theory have been dismantled in a barrage of criticism and analysis in the first dozen years of the 21st century. "The Ethics of War" continues and pushes past this trend. This anthology is an authoritative treatment of the ethics and law of war by both the eminent scholars who first challenged the orthodoxy of Just War theory, as well as by new thinkers. The twelve original essays span both foundational and topical issues in the ethics of war, including an investigation of: whether there is a "greater-good" obligation that parallels the canonical lesser-evil justification in war; the conditions under which citizens can wage war against their own government; whether there is a limit to the number of combatants on the unjust side who can be permissibly killed; whether the justice of the cause for which combatants fight affects the moral permissibility of fighting; whether duress ever justifies killing in war; the role that collective liability plays in the ethics of war; whether targeted killing is morally and legally permissible; the morality of legal prohibitions on the use of indiscriminate weapons; the justification for the legal distinction between directly and indirectly harming civilians; whether human rights of unjust combatants are more prohibitive than have been thought; the moral repair of combatants suffering from PTSD; and the moral categories and criteria needed to understand the proper justification for ending war.

Why Law Matters

Why Law Matters
Title Why Law Matters PDF eBook
Author Alon Harel
Publisher Oxford University Press
Total Pages 253
Release 2014-04
Genre Law
ISBN 019964327X

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Why Law Matters argues that public institutions and legal procedures are valuable and matter as such, irrespective of their instrumental value. Examining the value of rights, public institutions, and constitutional review, the book criticises instrumentalist approaches in political theory, claiming they fail to account for their enduring appeal.

Killing in War

Killing in War
Title Killing in War PDF eBook
Author Jeff McMahan
Publisher Oxford University Press
Total Pages 263
Release 2009-04-23
Genre Law
ISBN 0199548668

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Jeff McMahan urges us to reject the view, dominant throughout history, that mere participation in an unjust war is not wrong. He argues powerfully that combatants who fight for an unjust cause are acting wrongly and are themselves morally responsible for their actions. We must rethink our attitudes to the moral role of the individual in war.