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The Mechanics Of Claims And Permissible Killing In War
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Book Synopsis The Mechanics of Claims and Permissible Killing in War by : Alec D. Walen
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 264 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.
Book Synopsis MECHANICS OF CLAIMS AND PERMISSIBLE KILLING IN WAR by : WALEN.
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 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 Who Should Die? written by Ryan Jenkins and published by Oxford University Press. This book was released on 2017 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This academic text brings together, in one volume, the most recent and innovative accounts of liability in war. It offers a "who's who" of contemporary scholars working on and rigorously debating the major ethical questions surrounding self-defense and killing in war, including: liability to harm, rights theory, selective conscientious objection, obligations toward civilians, and autonomous weapons. This volume pulls together, expands upon, and provides new and updated analyses of the concept of liability (and related concepts) that have yet to be captured in a single work. As a convenient and authoritative collection of such discussions, this title is uniquely and well suited for university-level teaching and as a scholarly reference for ethicists, policymakers, and other stakeholders."--Provided by publisher.
Download or read book Why Law Matters written by Alon Harel and published by Oxford University Press. 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.
Book Synopsis The Ethics of War by : Saba Bazargan
Download or read book The Ethics of War written by Saba Bazargan and published by Oxford University Press. This book was released on 2017-01-23 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Who Should Die? by : Bradley Jay Strawser
Download or read book Who Should Die? written by Bradley Jay Strawser and published by Oxford University Press. This book was released on 2017-10-25 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Permissible Killing by : Suzanne Uniacke
Download or read book Permissible Killing written by Suzanne Uniacke and published by Cambridge University Press. This book was released on 1994 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Book Synopsis The Ethics of Killing by : Jeff McMahan
Download or read book The Ethics of Killing written by Jeff McMahan and published by Oxford Ethics Series. This book was released on 2002 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis War by Agreement by : Yitzhak Benbaji
Download or read book War by Agreement written by Yitzhak Benbaji and published by Oxford University Press, USA. 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"--
Book Synopsis The Morality of the Laws of War by : MARCELA PRIETO. RUDOLPHY
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.
Book Synopsis The Palgrave Handbook of Applied Ethics and the Criminal Law by : Larry Alexander
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.
Book Synopsis The Oxford Handbook of Ethics of War by : Seth Lazar
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.
Book Synopsis The Realm of Criminal Law by : R A Duff
Download or read book The Realm of Criminal Law written by R A Duff and published by Oxford University Press. This book was released on 2018-06-28 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: We are said to face a crisis of over-criminalization: our criminal law has become chaotic, unprincipled, and over-expansive. This book proposes a normative theory of criminal law, and of criminalization, that shows how criminal law could be ordered, principled, and restrained. The theory is based on an account of criminal law as a distinctive legal practice that functions to declare and define a set of public wrongs, and to call to formal public account those who commit such wrongs; an account of the role that such practice can play in a democratic republic of free and equal citizens; and an account of the central features of such a political community, and of the way in which it constitutes its public realm-its civil order. Criminal law plays an important, but limited, role in such a political community in protecting, but also partly constituting, its civil order. On the basis of this account, we can see how such a political community will decide what kinds of conduct should be criminalized - not by applying one or more of the substantive master principles that theorists have offered, but by considering which kinds of conduct fall within its public realm (as distinct from the private realms that are not the polity's business), and which kinds of wrong within that realm require this distinctive kind of response (rather than one of the other kinds of available response). The outcome of such a deliberative process will probably be a more limited, and a more rational and principled, criminal law.
Book Synopsis War and Self-Defense by : David Rodin
Download or read book War and Self-Defense written by David Rodin and published by OUP Oxford. 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 internationalrelations, 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 ofinternational relations.
Book Synopsis Oxford Studies in Political Philosophy Volume 8 by : David Sobel
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.
