Permissible Killing

Permissible Killing PDF Author: Suzanne Uniacke
Publisher: Cambridge University Press
ISBN: 9780521564588
Category : Law
Languages : en
Pages : 258

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Book Description
Do individuals have a positive right of self-defence? And if so, what are the limits of this right? Under what conditions, if any, does this use of force extend to the defence of others? These are some of the issues explored by Dr Uniacke in this comprehensive philosophical discussion of the principles relevant to self-defence as a moral and legal justification of homicide. She establishes a unitary right of self-defence and defence of others, one which grounds the permissibility of the use of necessary and proportionate defensive force against culpable and non-culpable, active and passive, unjust threats. Particular topics discussed include: the nature of moral and legal justification and excuse; natural law justifications of homicide in self-defence; the Principle of Double Effect and the claim that homicide in self-defence is justified as unintended killing; and the question of self-preferential killing. This is a lucid and sophisticated account of the complex notion of justification, revolving around a critical discussion of recent trends in the law of self-defence.

Permissible Killing

Permissible Killing PDF Author: Suzanne Uniacke
Publisher: Cambridge University Press
ISBN: 9780521564588
Category : Law
Languages : en
Pages : 258

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Book Description
Do individuals have a positive right of self-defence? And if so, what are the limits of this right? Under what conditions, if any, does this use of force extend to the defence of others? These are some of the issues explored by Dr Uniacke in this comprehensive philosophical discussion of the principles relevant to self-defence as a moral and legal justification of homicide. She establishes a unitary right of self-defence and defence of others, one which grounds the permissibility of the use of necessary and proportionate defensive force against culpable and non-culpable, active and passive, unjust threats. Particular topics discussed include: the nature of moral and legal justification and excuse; natural law justifications of homicide in self-defence; the Principle of Double Effect and the claim that homicide in self-defence is justified as unintended killing; and the question of self-preferential killing. This is a lucid and sophisticated account of the complex notion of justification, revolving around a critical discussion of recent trends in the law of self-defence.

The Mechanics of Claims and Permissible Killing in War

The Mechanics of Claims and Permissible Killing in War PDF Author: Alec D. Walen
Publisher: Oxford University Press
ISBN: 0190872055
Category : Philosophy
Languages : en
Pages : 264

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Book Description
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.

Targeted Killings

Targeted Killings PDF Author: Claire Finkelstein
Publisher: Oxford University Press
ISBN: 0199646473
Category : Law
Languages : en
Pages : 517

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Book Description
The controversy surrounding targeted killings represents a crisis of conscience for policymakers, lawyers and philosophers grappling with the moral and legal limits of the war on terror. This text examines the legal and philosophical issues raised by government efforts to target suspected terrorists.

The Ethics of Killing

The Ethics of Killing PDF Author: Jeff McMahan
Publisher: Oxford University Press, USA
ISBN: 9780195169829
Category : Medical
Languages : en
Pages : 564

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Book Description
Drawing on philosophical notions of personal identity and the immorality of killing, Jeff McMahan looks at various issues, including abortion, infanticide, the killing of animals, assisted suicide, and euthanasia.

Justified Killing

Justified Killing PDF Author: Whitley R. P. Kaufman
Publisher: Rowman & Littlefield
ISBN: 9780739128992
Category : Philosophy
Languages : en
Pages : 176

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Book Description
The right of self-defense is seemingly at odds with the general presupposition that killing is wrong; numerous theories have been put forth over the years that attempt to explain how self-defense is consistent with such a presupposition. In Justified Killing: The Paradox of Self-Defense, Whitley Kaufman argues that none of the leading theories adequately explains why it is permissible even to kill an innocent attacker in self-defense, given the basic moral prohibition against killing the innocent. Kaufman suggests that such an explanation can be found in the traditional Doctrine of Double Effect, according to which self-defense is justified because the intention of the defender is to protect himself rather than harm the attacker. Given this morally legitimate intention, self-defense is permissible against both culpable and innocent aggressors, so long as the force used is both necessary and proportionate. Justified Killing will intrigue in particular those scholars interested in moral and legal philosophy.

Killing in Self-Defence

Killing in Self-Defence PDF Author: Soren Andersen
Publisher: GRIN Verlag
ISBN: 3640587529
Category : Philosophy
Languages : en
Pages : 37

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Book Description
Research Paper (postgraduate) from the year 2009 in the subject Ethics, University of Manchester (Political Theory), language: English, abstract: This paper will investigate what implications this new position poses to Quong's rejection of Otsukas stance on the moral impermissibility of killing the innocent aggressor and the innocent threat in self-defence, as well as the implications it might have on Thomson's own 1991 views (Quong 2008:6) 1 In the case of the bystander-Trolley-case 1 The Ethics of Killing Killing in Self-Defence My conclusion on this shall reveal that I generally agree with the conclusions of Quong, though I disagree with the way he reaches these conclusions. In doing this, I shall present some scenarios which might not fit neatly into the proposed categories of Thomson, in order to examine whether the categorisation hitherto used is adequate and to investigate the possible implications this might have for a theory of killing in self-defence

Killing in Self-Defence

Killing in Self-Defence PDF Author: Fiona Leverick
Publisher: OUP Oxford
ISBN: 0191566659
Category : Law
Languages : en
Pages : 248

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Book Description
This book is a comprehensive analysis of the criminal defence of self-defence from a philosophical, legal and human rights perspective. The primary focus is on self-defence as a defence to homicide, as this is the most difficult type of self-defensive force to justify. Although not always recognised as such, self-defence is a contentious defence, permitting as it does the victim of an attack to preserve her life at the expense of another. If one holds that all human life is of equal value, explaining why this is permissible poses something of a challenge. It is particularly difficult to explain where the aggressor is, for reasons of non-age or insanity for example, not responsible for her actions. The first part of the book is devoted to identifying the proper theoretical basis of a claim of self-defence. It examines the classification of defences, and the concepts of justification and excuse in particular, and locates self-defence within this classification. It considers the relationship between self-defence and the closely related defences of duress and necessity. It then proceeds critically to analyse various philosophical explanations of why self-defensive killing is justified, before concluding that the most convincing account is one that draws on the right to life with an accompanying theory of forfeiture. The book then proceeds to draw upon this analysis to examine various aspects of the law of self-defence. There is detailed analysis of the way in which, on a human rights approach, it is appropriate to treat the issues of retreat, imminence of harm, self-generated self-defence, mistake and proportionality, with a particular focus on whether lethal force is ever permissible in protecting property or in preventing rape. The analysis draws on material from all of the major common law jurisdictions. The book concludes with an examination of the implications that the European Convention on Human Rights might have for the law of self-defence, especially in the areas of mistaken belief and the degree of force permissible to protect property.

Who Should Die?

Who Should Die? PDF Author: Ryan C. Jenkins
Publisher: Oxford University Press
ISBN: 0190495650
Category : Law
Languages : en
Pages : 257

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Book Description
This volume collects influential and groundbreaking philosophical work on killing in war. A "who's who" of contemporary scholars, this volume serves as a convenient and authoritative collection uniquely suited for university-level teaching and as a reference for ethicists, policymakers, stakeholders, and any student of the morality of war.

The Ethics of Killing

The Ethics of Killing PDF Author: Christian Erk
Publisher: Springer Nature
ISBN: 3031071832
Category : Philosophy
Languages : en
Pages : 349

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Book Description
In this book, Christian Erk examines the ethical (im)permissibility of killing human beings in general and of selected killings in particular, namely suicide, lethal selfdefence, abortion and euthanasia, as well as organ transplantation and assisted suicide. He does so by addressing a range of important ethical questions: What does it mean to act? Of what elements is an action comprised? What is the difference between a good or evil action and a permissible or impermissible action? How can we determine whether an action is good or evil? Is there a moral duty not to kill? Is this duty held by and against all human beings or only persons? What and who is a person? What is human dignity and who has it? What is it that is actually taken when somebody is killed, i.e. what is life? And closely related to that: What and when is death? By integrating the answers to these questions into an argumentative architecture, the book offers a comprehensive exploration of one of the most fundamental questions of mankind: Under which conditions, if any, is killing human beings ethically permissible?

MECHANICS OF CLAIMS AND PERMISSIBLE KILLING IN WAR

MECHANICS OF CLAIMS AND PERMISSIBLE KILLING IN WAR PDF Author: WALEN.
Publisher:
ISBN: 9780190872076
Category :
Languages : en
Pages :

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Book Description