The Mechanics Of Claims And Permissible Killing In War

Author : Alec D. Walen
Publisher : Oxford University Press
Page : 264 pages
File Size : 44,6 Mb
Release : 2019-03-15
Category : Philosophy
ISBN : 9780190872069

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The Mechanics of Claims and Permissible Killing in War by Alec D. Walen Pdf

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 : Unknown
Page : 128 pages
File Size : 40,6 Mb
Release : 2024-05-01
Category : Electronic
ISBN : 0190872071

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MECHANICS OF CLAIMS AND PERMISSIBLE KILLING IN WAR by WALEN. Pdf

Author : Saba Bazargan,Samuel C. Rickless
Publisher : Oxford University Press
Page : 288 pages
File Size : 48,9 Mb
Release : 2017-01-23
Category : Philosophy
ISBN : 9780199376155

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The Ethics of War by Saba Bazargan,Samuel C. Rickless Pdf

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.

Author : Jeff McMahan
Publisher : Oxford University Press
Page : 263 pages
File Size : 54,8 Mb
Release : 2009-04-23
Category : Law
ISBN : 9780199548668

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Killing in War by Jeff McMahan Pdf

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.

Author : Bradley Jay Strawser,Ryan Jenkins,Michael Robillard
Publisher : Oxford University Press
Page : 336 pages
File Size : 49,9 Mb
Release : 2017-10-25
Category : Philosophy
ISBN : 9780190677527

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Who Should Die? by Bradley Jay Strawser,Ryan Jenkins,Michael Robillard Pdf

War remains a grim fixture of the human landscape, and because of its tremendous and ongoing impact on the lives of millions of people, has always attracted the attention of careful, rigorous, and empathetic moral philosophers. And while war is synonymous with death and ruin, very few people are willing to surrender to moral nihilism about war--the view that all really is fair. At the center of debates about war remains the most important question that faces us during battle: whom are we allowed to kill? This volume collects in one place the most influential and groundbreaking philosophical work being done on the question of killing in war, offering a "who's who" of contemporary scholars debating the foundational ethical questions surrounding liability to harm. In ten essays, it expands upon and provides new and updated analyses that have yet to be captured in a single work. Essays explore questions such as: Are some soldiers more deserving of death than others? Should states allow soldiers to conscientiously object (to opt out of war) on a case-by-case basis? Can a theory of rights best explain when it is permissible to kill in war? When are we allowed to violently resist oppression that is itself nonviolent? Is there anything wrong with targeting people with autonomous weapons? As a convenient and authoritative collection of such discussions, this volume is uniquely suited for university-level teaching and as a reference for ethicists, policymakers, stakeholders, and any student of the morality of killing in war.

Author : Alon Harel
Publisher : Oxford University Press
Page : 253 pages
File Size : 46,6 Mb
Release : 2014-04
Category : Law
ISBN : 9780199643271

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Why Law Matters by Alon Harel Pdf

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.

Author : MARCELA PRIETO. RUDOLPHY
Publisher : Oxford University Press
Page : 321 pages
File Size : 47,9 Mb
Release : 2023-05-19
Category : Electronic
ISBN : 9780192855473

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The Morality of the Laws of War by MARCELA PRIETO. RUDOLPHY Pdf

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.

Author : Larry Alexander,Kimberly Kessler Ferzan
Publisher : Springer Nature
Page : 794 pages
File Size : 53,7 Mb
Release : 2019-12-02
Category : Philosophy
ISBN : 9783030228118

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The Palgrave Handbook of Applied Ethics and the Criminal Law by Larry Alexander,Kimberly Kessler Ferzan Pdf

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.

Author : David Rodin
Publisher : Clarendon Press
Page : 232 pages
File Size : 55,6 Mb
Release : 2002-10-17
Category : Philosophy
ISBN : 9780191531545

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War and Self-Defense by David Rodin Pdf

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
Page : 258 pages
File Size : 50,5 Mb
Release : 1994
Category : Law
ISBN : 0521564581

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Permissible Killing by Suzanne Uniacke Pdf

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 : David Sobel,Steven Wall
Publisher : Oxford University Press
Page : 292 pages
File Size : 41,8 Mb
Release : 2022-01-30
Category : Law
ISBN : 9780192856906

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Oxford Studies in Political Philosophy Volume 8 by David Sobel,Steven Wall Pdf

'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.

Author : Sean Coyle
Publisher : Oxford University Press
Page : 492 pages
File Size : 55,7 Mb
Release : 2023-07-12
Category : Law
ISBN : 9780192887016

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Natural Law and Modern Society by Sean Coyle Pdf

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.

Author : Kai Ambos,Antony Duff,Alexander Heinze,Julian Roberts,Thomas Weigend
Publisher : Cambridge University Press
Page : 475 pages
File Size : 52,8 Mb
Release : 2022-02-17
Category : Law
ISBN : 9781316510544

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Core Concepts in Criminal Law and Criminal Justice by Kai Ambos,Antony Duff,Alexander Heinze,Julian Roberts,Thomas Weigend Pdf

Volume two of a comparative study of the concepts that underpin different domestic systems of criminal law and justice.

Author : Adam Slavny
Publisher : Oxford University Press
Page : 241 pages
File Size : 40,7 Mb
Release : 2023-08-04
Category : Law
ISBN : 9780192679765

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Wrongs, Harms, and Compensation by Adam Slavny Pdf

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.

Author : Nimit Chowdhary,Sunayana,Monika Prakash
Publisher : Taylor & Francis
Page : 296 pages
File Size : 52,5 Mb
Release : 2024-06-03
Category : Reference
ISBN : 9781040031773

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Research and Publication Ethics by Nimit Chowdhary,Sunayana,Monika Prakash Pdf

This book provides a comprehensive overview of research and publication ethics and guides young researchers on how to conduct ethical research and publish their work responsibly. It presents an understanding of ethical practices in research and how they apply to research and publication by examining the different ethical theories and their application. The book also discusses the different factors influencing ethical decision-making and probes into the ethical issues that can arise in the research process. It explores the different forms of scientific misconduct, such as data fabrication and falsification, plagiarism, and conflicts of interest, and provides strategies for ethical research. The book also details the impact of scientific misconduct on research and publication and the strategies for preventing and detecting misconduct. Aligning to the belief that promoting ethical research practices is essential for advancing science and society, this book will be helpful for young researchers, scholars, aspiring researchers, and academicians interested in ethical research practices in multiple disciplines.