The Morality Of Defensive Force

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The Morality of Defensive Force

Jonathan Quong
The Morality of Defensive Force Book PDF

Author : Jonathan Quong
Publisher : Oxford University Press, USA
Page : 228 pages
File Size : 44,9 Mb
Release : 2020
Category : Philosophy
ISBN : 9780198851103

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The Morality of Defensive Force by Jonathan Quong Pdf

"This book provides an account of the central moral principles that regulate the permissible use of defensive force. Quong argues that we cannot understand the morality of defensive force until we ask and answer deeper questions about how the use of defensive force fits with a more general account of justice and moral rights. In developing this view the book offers original accounts of liability, proportionality, and necessity. Quong also argues, contra the dominant view in the literature, that self-defense can sometimes be justified on the basis of an agent-relative prerogative to give greater weight to one's own life and interests. The book also provides a novel conception of individual rights against harm. Unlike some, who believe that our rights against harm are fact-relative, Quong argues that our rights against being harmed by others must, in certain respects, be sensitive to the evidence that others can reasonably be expected to possess. The final chapter provides an extended defense of the means principle, a principle that prohibits harmfully using other persons' bodies or other rightful property unless those persons are duty bound to permit this use or have otherwise waived their claims against such use"--

The Morality of Defensive War

Cécile Fabre,Seth Lazar
The Morality of Defensive War Book PDF

Author : Cécile Fabre,Seth Lazar
Publisher : Mind Association Occasional
Page : 273 pages
File Size : 54,6 Mb
Release : 2014-02
Category : Law
ISBN : 9780199682836

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The Morality of Defensive War by Cécile Fabre,Seth Lazar Pdf

Most of us take it for granted that wars in defence of one's political community are the quintessential just wars. Indeed, while in recent years philosophers have subjected all of our other assumptions about just war theory to radical revision, this principle has emerged largely unscathed. But what underpins the morality of defensive war? In this book, leading moral and political philosophers both show the profoundly challenging nature of that question, and advance novel answers to it. The first part exposes the deep tension between the individualist foundations of much contemporary philosophy and plausible conclusions about the morality of defensive war. The second part offers an individualist attempt to resolve that tension, while the third seeks to justify defensive war by appeal to more collectivist values.

The Ethics of Self-Defense

Christian Coons,Michael Weber
The Ethics of Self Defense Book PDF

Author : Christian Coons,Michael Weber
Publisher : Oxford University Press
Page : 304 pages
File Size : 46,9 Mb
Release : 2016-05-02
Category : Philosophy
ISBN : 9780190206109

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The Ethics of Self-Defense by Christian Coons,Michael Weber Pdf

The fifteen new essays collected in this volume address questions concerning the ethics of self-defense, most centrally when and to what extent the use of defensive force, especially lethal force, can be justified. Scholarly interest in this topic reflects public concern stemming from controversial cases of the use of force by police, and military force exercised in the name of defending against transnational terrorism. The contributors pay special attention to determining when a threat is liable to defensive harm, though doubts about this emphasis are also raised. The legitimacy of so-called "stand your ground" policies and laws is also addressed. This volume will be of great interest to readers in moral, political, and legal philosophy.

The Morality of Defensive Force

Jonathan Quong
The Morality of Defensive Force Book PDF

Author : Jonathan Quong
Publisher : Oxford University Press
Page : 224 pages
File Size : 42,7 Mb
Release : 2020-02-20
Category : Philosophy
ISBN : 9780192591739

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The Morality of Defensive Force by Jonathan Quong Pdf

When is it morally permissible to engage in self-defense or the defense of others? Jonathan Quong defends a variety of novel ideas in this book about the morality of defensive force, providing an original philosophical account of the central moral principles that should regulate its use. We cannot understand the morality of defensive force, he reasons, until we ask and answer deeper questions about how the use of defensive force fits with a more general account of justice and moral rights. In developing this stance, Quong presents new views on liability, proportionality, and necessity. He argues that self-defense can sometimes be justified on the basis of an agent-relative prerogative to give greater weight to one's own life and interests, contrary to the dominant view in the literature. Additionally Quong develops a novel conception of individual rights against harm. Unlike some, who believe that our rights against harm are fact-relative, he argues that our rights against being harmed by others must, in certain respects, be sensitive to the evidence that others can reasonably be expected to possess. The book concludes with Quong's extended defense of the means principle, a principle that prohibits harmfully using other persons' bodies or other rightful property unless those persons are duty bound to permit this use or have otherwise waived their claims against such use.

Defensive Killing

Helen Frowe
Defensive Killing Book PDF

Author : Helen Frowe
Publisher : Oxford University Press, USA
Page : 241 pages
File Size : 49,9 Mb
Release : 2014
Category : Philosophy
ISBN : 9780199609857

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Defensive Killing by Helen Frowe Pdf

Helen Frowe offers a new account of when and why it is morally permissible for a person to use force to defend herself or others against harm. She explores the use of force between individuals before extending the enquiry to war, to argue that we should judge the ethics of killing in war by the moral rules that govern killing between individuals.

The Ethics of War and the Force of Law

Uwe Steinhoff
The Ethics of War and the Force of Law Book PDF

Author : Uwe Steinhoff
Publisher : Routledge
Page : 322 pages
File Size : 54,9 Mb
Release : 2020-11-25
Category : Philosophy
ISBN : 9781000260014

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The Ethics of War and the Force of Law by Uwe Steinhoff Pdf

This book provides a thorough critical overview of the current debate on the ethics of war, as well as a modern just war theory that can give practical action-guidance by recognizing and explaining the moral force of widely accepted law. Traditionalist, Walzerian, and "revisionist" approaches have dominated contemporary debates about the classical jus ad bellum and jus in bello requirements in just war theory. In this book, Uwe Steinhoff corrects widely spread misinterpretations of these competing views and spells out the implications for the ethics of war. His approach is unique in that it complements the usual analysis in terms of self-defense with an emphasis on the importance of other justifications that are often lumped together under the heading of "lesser evil." It also draws on criminal law and legal scholarship, which has been largely ignored by just war theorists. Ultimately, Steinhoff rejects arguments in favor of "moral fundamentalism"— the view that the laws and customs of war must simply follow an immutable morality. In contrast, he argues that widely accepted laws and conventions of war are partly constitutive of the moral rules that apply in a conflict. The Ethics of War and the Force of Law will be of interest to scholars and advanced students working in just war theory, applied ethics, political philosophy, political theory, philosophy of law, and criminal and military law.

The Morality of Self-Defense and Military Action

David B. Kopel
The Morality of Self Defense and Military Action Book PDF

Author : David B. Kopel
Publisher : Bloomsbury Publishing USA
Page : 518 pages
File Size : 43,5 Mb
Release : 2017-02-16
Category : Religion
ISBN : 9798216119258

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The Morality of Self-Defense and Military Action by David B. Kopel Pdf

Shedding new light on a controversial and intriguing issue, this book will reshape the debate on how the Judeo-Christian tradition views the morality of personal and national self-defense. Are self-defense, national warfare, and revolts against tyranny holy duties—or violations of God's will? Pacifists insist these actions are the latter, forbidden by Judeo-Christian morality. This book maintains that the pacifists are wrong. To make his case, the author analyzes the full sweep of Judeo-Christian history from earliest times to the present, combining history, scriptural analysis, and philosophy to describe the changes and continuity of Jewish and Christian doctrine about the use of lethal force. He reveals the shifting patterns of thought in both religions and presents the strongest arguments on both sides of the issue. The book begins with the ancient Hebrews and Genesis and covers Jewish history through the Holocaust and beyond. The analysis then shifts to the story of Christianity from its origins, through the Middle Ages and the Reformation, up the present day. Based on this scrutiny, the author concludes that—contrary to popular belief—the legitimacy of self-defense is strongly supported by Judeo-Christian scripture and commentary, by philosophical analysis, and by the respect for human dignity and human rights on which both Judaism and Christianity are based.

The Morality of Defensive War

Cécile Fabre,Seth Lazar
The Morality of Defensive War Book PDF

Author : Cécile Fabre,Seth Lazar
Publisher : OUP Oxford
Page : 256 pages
File Size : 42,9 Mb
Release : 2014-02-20
Category : Philosophy
ISBN : 9780191022708

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The Morality of Defensive War by Cécile Fabre,Seth Lazar Pdf

Most of us take it for granted that wars in defence of one's political community are the quintessential just wars. Indeed, while in recent years philosophers have subjected all of our other assumptions about just war theory to radical revision, this principle has emerged largely unscathed. But what underpins the morality of defensive war? In this book, leading moral and political philosophers both show the profoundly challenging nature of that question, and advance novel answers to it. The first part exposes the deep tension between the individualist foundations of much contemporary philosophy and plausible conclusions about the morality of defensive war. The second part offers an individualist attempt to resolve that tension, while the third seeks to justify defensive war by appeal to more collectivist values.

War and Self-Defense

David Rodin
War and Self Defense Book PDF

Author : David Rodin
Publisher : Clarendon Press
Page : 232 pages
File Size : 49,5 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.

Rules for Wrongdoers

Arthur Ripstein
Rules for Wrongdoers Book PDF

Author : Arthur Ripstein
Publisher : Oxford University Press
Page : 228 pages
File Size : 55,8 Mb
Release : 2021-03-04
Category : Philosophy
ISBN : 9780197553992

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Rules for Wrongdoers by Arthur Ripstein Pdf

Arthur Ripstein's lectures focus on the two bodies of rules governing war: the jus ad bellum, which regulates resort to armed force, and the jus in bello, which sets forth rules governing the conduct of armed force and applies equally to all parties. Ripstein argues that recognizing both sets of rules as distinctive prohibitions, rather than as permissions, can reconcile the supposed tension between them. He contends that the law and morality of war are in fact aligned, because the central wrong of war is that war is the condition which force decides. In his first lecture, "Rules for Wrongdoers," he explains how moral principles governing an activity apply even to those who are not permitted to engage in them. In his second lecture, "Combatants and Civilians," he develops a parallel account of the distinction between combatants and civilians. The volume includes an introduction by editor Saira Mohamed and subsequent essays by commentators Oona A. Hathaway, Christopher Kutz, and Jeff McMahan. Rules for Wrongdoers represents a major statement on the ethics of war by one of the most distinguished thinkers in the field.

Ethics and the Laws of War

Antony Lamb
Ethics and the Laws of War Book PDF

Author : Antony Lamb
Publisher : Routledge
Page : 206 pages
File Size : 49,9 Mb
Release : 2013-05-29
Category : History
ISBN : 9781136255410

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Ethics and the Laws of War by Antony Lamb Pdf

This book is an examination of the permissions, prohibitions and obligations found in just war theory, and the moral grounds for laws concerning war. Pronouncing an action or course of actions to be prohibited, permitted or obligatory by just war theory does not thereby establish the moral grounds of that prohibition, permission or obligation; nor does such a pronouncement have sufficient persuasive force to govern actions in the public arena. So what are the moral grounds of laws concerning war, and what ought these laws to be? Adopting the distinction between jus ad bellum and jus in bello, the author argues that rules governing conduct in war can be morally grounded in a form of rule-consequentialism of negative duties. Looking towards the public rules, the book argues for a new interpretation of existing laws, and in some cases the implementation of completely new laws. These include recognising rights of encompassing groups to necessary self-defence; recognising a duty to rescue; and considering all persons neither in uniform nor bearing arms as civilians and therefore fully immune from attack, thus ruling out ‘targeted’ or ‘named’ killings. This book will be of much interest to students of just war theory, ethics of war, international law, peace and conflict studies, and Security Studies/IR in general.

Permissible Killing

Suzanne Uniacke
Permissible Killing Book PDF

Author : Suzanne Uniacke
Publisher : Cambridge University Press
Page : 258 pages
File Size : 43,6 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.

How We Fight

Helen Frowe,Gerald Lang
How We Fight Book PDF

Author : Helen Frowe,Gerald Lang
Publisher : OUP Oxford
Page : 240 pages
File Size : 48,5 Mb
Release : 2014-04-17
Category : Philosophy
ISBN : 9780191022784

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How We Fight by Helen Frowe,Gerald Lang Pdf

How We Fight: Ethics in War presents a substantial body of new work by some of the leading philosophers of war. The ten essays cover a range of topics concerned with both jus ad bellum (the morality of going to war) and jus in bello (the morality of fighting in war). Alongside explorations of classic in bello topics, such as the principle of non-combatant immunity and the distribution of risk between combatants and non-combatants, the volume also addresses ad bellum topics, such as pacifism and punitive justifications for war, and explores the relationship between ad bellum and in bello topics, or how the fighting of a war may affect our judgments concerning whether that war meets the ad bellum conditions. The essays take a keen interest in the micro-foundations of just war theory, and uphold the general assumption that the rules of war must be supported, if they are going to be supported at all, by the liability and non-liability of the individuals who are encompassed by those rules. Relatedly, the volume also contains work which is relevant to the moral justification of several moral doctrines used, either explicitly or implicitly, in just war theory: in the doctrine of double effect, in the generation of liability in basic self-defensive cases, and in the relationship between liability and the conditions which are normally appended to permissible self-defensive violence: imminence, necessity, and proportionality. The volume breaks new ground in all these areas.

Preemption

Henry Shue,David Rodin
Preemption Book PDF

Author : Henry Shue,David Rodin
Publisher : OUP Oxford
Page : 288 pages
File Size : 49,8 Mb
Release : 2007-11-01
Category : Political Science
ISBN : 9780191528446

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Preemption by Henry Shue,David Rodin Pdf

The dramatic declaration by U.S. President George W. Bush that, in light of the attacks on 9/11, the United States would henceforth be engaging in "preemption" against such enemies as terrorists armed with weapons of mass destruction forced a wide-open debate about justifiable uses of military force. Opponents saw the declaration as a direct challenge to the consensus, which has formed since the ratification of the Charter of the United Nations, that armed force may be used only in defense. Supporters responded that in an age of terrorism defense could only mean "preemption." This volume of all-new chapters provides the historical, legal, political, and philosophical perspective necessary to intelligent participation in the on-going debate, which is likely to last long beyond the war in Iraq. Thorough defenses and critiques of the Bush doctrine are provided by the most authoritative writers on the subject from both sides of the Atlantic. Is a nation ever justified in attacking before it has been attacked? If so, under precisely what conditions? Does the possibility of terrorists with weapons of mass destruction force us to change our traditional views about what counts as defense? This book provides the most comprehensive assessment to date of the justifiability of preemptive or preventive military action. Its engaging debate, accompanied by an analytic Introduction, focuses probing criticism against the most persuasive proponents of preemptive attack or preventive war, who then respond to these challenges and modify or extend their justifications. Authors of recent pivotal analyses, including historian Marc Trachtenberg, international relations professor Neta Crawford, law professor David Luban, and political philosopher Allen Buchanan, are confronted by other authoritative writers on the nature and justification of war more broadly, including historian Hew Strachan, international normative theorist Henry Shue, and philosophers David Rodin, Walter Sinnott-Armstrong, and Suzanne Uniacke. The resulting lively and many-sided exchanges shed historical, legal, political, and philosophical light on a key policy question of our time. Going beyond the simple dichotomies of popular discussion the authors reflect on the nature of all warfare, the arguments for and against it, and the possibilities for the moral to constrain the military and the political in the face of grave threat. This book is a project of the Oxford Leverhulme Programme on the Changing Character of War.

Defending Humanity

George P. Fletcher,Jens David Ohlin
Defending Humanity Book PDF

Author : George P. Fletcher,Jens David Ohlin
Publisher : Oxford University Press on Demand
Page : 285 pages
File Size : 48,6 Mb
Release : 2008-03-18
Category : Law
ISBN : 9780195183085

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Defending Humanity by George P. Fletcher,Jens David Ohlin Pdf

Recoge: Murder among nations -- How to talk about self-defense -- A theory of legitimate defense -- The six elements of legitimate defense -- Excusing international aggression -- Humanitarian intervention -- Preemptive and preventitive wars -- The collective dimension of war.