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Author: Alec D. Walen
Publisher: Oxford University Press
ISBN: 0190872063
Category : Philosophy
Languages : en
Pages : 352
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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.
Author: Alec D. Walen
Publisher: Oxford University Press
ISBN: 0190872063
Category : Philosophy
Languages : en
Pages : 352
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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.
Author: WALEN.
Publisher:
ISBN: 9780190872076
Category :
Languages : en
Pages :
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Book Description
Author: Alec D. Walen
Publisher: Oxford University Press
ISBN: 0190872055
Category : Philosophy
Languages : en
Pages : 265
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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.
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.
Author: Jeff McMahan
Publisher: OUP Oxford
ISBN: 0191563463
Category : Philosophy
Languages : en
Pages : 264
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Book Description
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.
Author: Seth Lazar
Publisher: Oxford University Press
ISBN: 0199944393
Category : Philosophy
Languages : en
Pages : 496
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Book Description
Recent years have seen a resurgence of interest, among both philosophers, legal scholars, and military experts, on the ethics of war. Due in part due to post 9/11 events, this resurgence is also due to a growing theoretical sophistication among scholars in this area. Recently there has been very influential work published on the justificaton of killing in self-defense and war, and the topic of the ethics of war is now more important than ever as a discrete field. The 28 commissioned chapters in this Handbook will present a comprehensive overview of the field as well as make significant and novel contributions, and collectively they will set the terms of the debate for the next decade. Lazar and Frowe will invite the leading scholars in the field to write on topics that are new to them, making the volume a compilation of fresh ideas rather than a rehash of earlier work. The volume will be dicided into five sections: Method, History, Resort, Conduct, and Aftermath. The contributors will be a mix of junior and senior figures, and will include well known scholars like Michael Walzer, Jeff McMahan, and David Rodin.
Author: David Rodin
Publisher: Clarendon Press
ISBN: 0191531545
Category : Philosophy
Languages : en
Pages : 232
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Book Description
When is it right to go to war? The most persuasive answer to this question has always been 'in self-defense'. In a penetrating new analysis, bringing together moral philosophy, political science, and law, David Rodin shows what's wrong with this answer. He proposes a comprehensive new theory of the right of self-defense which resolves many of the perplexing questions that have dogged both jurists and moral philosophers. By applying the theory of self-defense to international relations, Rodin produces a far-reaching critique of the canonical Just War theory. The simple analogy between self-defense and national defense - between the individual and the state - needs to be fundamentally rethought, and with it many of the basic elements of international law and the ethics of international relations.
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.
Author: Seth Lazar
Publisher: Oxford University Press, USA
ISBN: 0198712987
Category : Philosophy
Languages : en
Pages : 169
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Book Description
Killing civilians is worse than killing soldiers. Few moral principles have been more widely and viscerally affirmed. But in recent years it has faced a rising tide of dissent. Seth Lazar aims to turn this tide, and to vindicate international law. He develops new insights into the morality of harm, relevant to everyone interested in the debate.
Author: Alon Harel
Publisher: Oxford University Press (UK)
ISBN: 019964327X
Category : Law
Languages : en
Pages : 253
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Book Description
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.
