Download or read book The Mechanics of Claims and Permissible Killing in War written by Alec D. Walen and published by Oxford University Press. This book was released on 2019-03-15 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book MECHANICS OF CLAIMS AND PERMISSIBLE KILLING IN WAR written by WALEN. and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Mechanics of Claims and Permissible Killing in War written by Alec D. Walen and published by Oxford University Press. This book was released on 2019-03-15 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Who Should Die written by Ryan C. Jenkins and published by Oxford University Press. This book was released on 2018 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Killing in War written by Jeff McMahan and published by OUP Oxford. This book was released on 2009-04-23 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book War and Self Defense written by David Rodin and published by Clarendon Press. This book was released on 2002-10-17 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Sparing Civilians written by Seth Lazar and published by Oxford University Press, USA. This book was released on 2015 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Morality of the Laws of War written by MARCELA PRIETO. RUDOLPHY and published by Oxford University Press. This book was released on 2023-05-19 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Morality of the Laws of War examines the modern landscape of the ethics of war. Rudolphy assesses the conflicting theories on the legality of just and unjust combatants. While doing this, she proposes an alternative morality of war proceeding from the inescapable fact that regulating war is always a significant moral compromise.
Download or read book Why Law Matters written by Alon Harel and published by Oxford University Press (UK). This book was released on 2014-04 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Spying Through a Glass Darkly written by Cécile Fabre and published by Oxford University Press. This book was released on 2022-01-25 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cécile Fabre draws back the curtain on the ethics of espionage and counterintelligence. Espionage and counter-intelligence activities, both real and imagined, weave a complex and alluring story. Yet there is hardly any serious philosophical work on the subject. Cécile Fabre presents a systematic account of the ethics of espionage and counterintelligence. She argues that such operations, in the context of war and foreign policy, are morally justified as a means, but only as a means, to protect oneself and third parties from ongoing violations of fundamental rights. In doing so, she addresses a range of ethical questions: are intelligence officers morally permitted to bribe, deceive, blackmail, and manipulate as a way to uncover state secrets? Is cyberespionage morally permissible? Are governments morally permitted to resort to the mass surveillance of their and foreign populations as a means to unearth possible threats against national security? Can treason ever be morally permissible? Can it ever be legitimate to resort to economic espionage in the name of national security? The book offers answers to those questions through a blend of philosophical arguments and historical examples.
Download or read book The Oxford Handbook of Ethics of War written by Seth Lazar and published by Oxford University Press. This book was released on 2018-01-12 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Bounds of Defense written by Bradley Jay Strawser and published by Oxford University Press. This book was released on 2023-05-23 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most people believe that killing someone, while generally morally wrong, can in some cases be a permissible act. Most people similarly believe that war, while awful, can be justified. Bradley Jay Strawser examines a set of related moral issues in war: when it is permissible to kill in defense of others; what moral responsibility would be required to be liable for such defensive killing; how that permission can extend to whole groups of people; and, lastly, what values undergird the permissibility of that defense, such as individual autonomy. Strawser argues for a rights-based account of permissible defensive harm and an 'evidence-relative' basis for the holding those responsible. His view is that in order to be properly responsible for an unjust harm to be justifiably killed, one must act wrongly according to the evidence available to them. Extending this view, Strawser explores how such a rights-based model can make sense of the wide-spread destructive harms of war. He endorses a revisionist approach to just war theory and argues in its defense; and he also shows how his evidence-relative account supports revisionist just war theory by better grounding it in the real world of modern warfare. Lastly, he offers a new proposal for how targeting in war could better align with respect for the rights of individual persons, and demonstrate how revisionist just war theory-and any rights-respecting just war account more broadly-could conceivably work in practical ways.
Download or read book The Palgrave Handbook of Applied Ethics and the Criminal Law written by Larry Alexander and published by Springer Nature. This book was released on 2019-12-02 with total page 794 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook consists of essays on contemporary issues in criminal law and their theoretical underpinnings. Some of the essays deal with the relationship between morality and criminalization. Others deal with criminalization in the context of specific crimes such as fraud, blackmail, and revenge pornography. The contributors also address questions of responsible agency such as the effects of addiction or insanity, and some deal with punishment, its mode and severity, and the justness of the state’s imposition of it. These chapters are authored by some of the most distinguished scholars in the fields of applied ethics, criminal law, and jurisprudence.
Download or read book Wrongs Harms and Compensation written by Adam Slavny and published by Oxford University Press. This book was released on 2023-09 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Non-instrumentalist private law theory has been dominated by an interpretivist methodology that seeks to understand the concepts, doctrines, and structures of the law in principled terms. This has resulted in the neglect of purely normative analysis and a failure to engage systematically with the methodologies of moral and political philosophy. Wrongs, Harms, and Compensation: Paying for our Mistakes departs from this approach, arguing instead that the justification of tort law is dependent on our underlying moral corrective duties. In this book, Adam Slavny develops a pluralistic account of these duties, which encompasses both wrongful and non-wrongful conduct, complicating the view that torts should be regarded as a coherent set of wrongs. He also places the practice of enforcing corrective duties in a broader context, arguing that it should not be isolated or immune to critiques based on distributive justice, and that our duties are in fact consistent with institutional arrangements other than tort law, including various types of compensation schemes. What emerges is neither a wholesale defence of or attack on tort law, but an insistence that its normative foundations are much more complex, diverse, and malleable than a focus on current legal practices would suggest.
Download or read book War by Agreement written by Yitzhak Benbaji and published by . This book was released on 2019 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: War by Agreement presents a new theory on the ethics of war. It shows that wars can be morally justified at both the ad bellum level (the political decision to go to war) and the in bello level (its actual conduct by the military)by accepting a contractarian account of the rules governing war. According to this account, the rules of war are anchored in a mutually beneficial and fair agreement between the relevant players - the purpose of which is to promote peace and to reduce the horrors of war. The book relies on the long social contract tradition and illustrates its fruitfulness in understanding and developing the morality and the law of war.
Download or read book Oxford Studies in Political Philosophy Volume 8 written by David Sobel and published by Oxford University Press. This book was released on 2022-01-30 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Oxford Studies in Political Philosophy'. The series aims to publish some of the best contemporary work in the vibrant field of political philosophy and its closely related subfields, including jurisprudence, normative economics, political theory in political science departments, and just war theory.
Download or read book Natural Law and Modern Society written by Sean Coyle and published by Oxford University Press. This book was released on 2023-07-12 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern society is riven by social divisions: between conservatives and progressives; liberals and socialists; the mainstream and the rise of far-right political groups etc. Instead of truth, there are ‘post-truth’ and ‘alternative facts’. In the wake of problems caused by untruthful politicians and world leaders, by Brexit and Covid, the need to repair or rebuild our communities has become paramount, but what kind of community should we build, and on what foundations? This book suggests that natural law is such a foundation. Natural Law and Modern Society presents a new theory of natural law, grounded in the thought of Saint Thomas Aquinas, aimed at answering questions relevant to the world of today: from the nature of morality and ethics to the theory of law, obligation and political authority; from the domestic realm to international community. It seeks to elicit from the natural law tradition timeless truths concerning the human condition, in particular the social and political dimensions to human existence. This mode of existence, it argues, is not a problem to be resolved through some permutation of political institutions, but a predicament to be managed. At the heart of the book is the identification of a 'core morality': a set of moral requirements that are foundational to every society at all places and times, as distinct from those standards that are particular to this or that society at some time.
