this paper advances a novel account of part of what justifies killing in war, grounded in the duties we owe to our loved ones to protect them from the severe harms with which war threatens them. It discusses the foundations of associative duties, then identifies the sorts of relationships, and the specific duties that they ground, which can be relevant to the ethics of war. It explains how those associa- tive duties can justify killing in theory—in particular how they can (...) justify overrid- ing the rights to life of some of those who must be killed to win a war. It then shows how these duties can be operationalised in practice: first, showing how soldiers who fight on behalf of their community can act on reasons that apply to the members of that community; second, showing that the argument from associative duties does not prove too much—in particular, that it does not license the intentional killing of noncombatants in war. (shrink)

War should be understood as an actual, intentional and widespread armed conflict between political communities. Thus, fisticuffs between individual persons do not count as a war, nor does a gang fight, nor does a feud on the order of the Hatfields versus the McCoys. War is a phenomenon which occurs only between political communities, defined as those entities which either are states or intend to become states (in order to allow for civil war). Classical war is international war, a war (...) between different states, like the two World Wars. But just as frequent is war within a state between rival groups or communities, like the American Civil War. Certain political pressure groups, like terrorist organizations, might also be considered “political communities,” in that they are associations of people with a political purpose and, indeed, many of them aspire to statehood or to influence the development of statehood in certain lands. (shrink)

This article argues that the reduction of the morality of killing in war to the morality of killing in self-defense by ‘reductive-individualist’ revisionist just war theories is inconsistent, because when those theories apply the moral notion of self-defense to the morality of killing in war, they do not preserve the two conceptions of the “individual” inherent in this notion. The article demonstrates this inconsistency in two steps: First, it disentangles the two conceptions of the individual inherent to the notion of (...) self-defense, namely (1) that the individual is an “entity” potentially bearing a right to self-defense (unlike, e.g., groups) and (2) that the individual is a “particular,” where “particular” signifies that every human is different from every other human. The conception of the individual as a “particular” is tied to the idea that a justification grounded in a rule of self-defense is necessarily “concrete,” in the sense of referring to individually given and specific perceptions or cases, as opposed to “abstract,” in the sense of being detached from specific perceptions or cases. The article then demonstrates that reductive individualism reflects the first notion of the individual, but not the second. Due to the “loss” of the individual as a “particular”, the reductive-individualist reduction of the morality of killing in war to the morality of killing in self-defense is inconsistent, and hence its justification of killing in war grounded in self-defense is not concrete. Since such a justification must be concrete, reductive individualism cannot offer a justification for belligerent killing. (shrink)

In this paper, we argue that our moral concern for future well-being should reduce over time due to important practical considerations about how humans interact with spacetime. After surveying several of these considerations (around equality, special duties, existential contingency, and overlapping moral concern) we develop a set of core principles that can both explain their moral significance and highlight why this is inherently bound up with our relationship with spacetime. These relate to the equitable distribution of (1) moral concern in (...) a universe that we can only causally affect in one temporal direction; (2) access to the benefits from using spacetime as a resource; and (3) the burdens of care given (1) and (2). We conclude by considering the practical implications of our argument and find that, while it is often assumed that a preference for present over future well-being weakens the case for existential risk mitigation, this likely is not the case. (shrink)

In this article, we focus on the attribution of moral responsibility for the actions of autonomous weapons systems (AWS). To do so, we suggest that the responsibility gap can be closed if human agents can take meaningful moral responsibility for the actions of AWS. This is a moral responsibility attributed to individuals in a justified and fair way and which is accepted by individuals as an assessment of their own moral character. We argue that, given the unpredictability of AWS, meaningful (...) moral responsibly can only be discharged by human agents who are willing to take a moral gambit: they decide to design/develop/deploy AWS despite the uncertainty about the effects an AWS may produce, hoping that unintended and unwanted or unforeseen outcomes may never occurs, but also accepting to be held responsible if such outcomes will occur. We argue that, while a moral gambit is permissible for the use of non-lethal AWS, this is not the case for the actions of lethal autonomous weapon systems. (shrink)

The genetic modification of pigs as a source of transplantable organs is one of several possible solutions to the chronic organ shortage. This paper describes existing ethical tensions in xenotransplantation (XTx) that argue against pursuing it. Recommendations for lifelong infectious disease surveillance and notification of close contacts of recipients are in tension with the rights of human research subjects. Parental/guardian consent for pediatric xenograft recipients is in tension with a child’s right to an open future. Individual consent to transplant is (...) in tension with public health threats that include zoonotic diseases. XTx amplifies concerns about justice in organ transplantation and could exacerbate existing inequities. The prevention of infectious disease in source animals is in tension with the best practices of animal care and animal welfare, requiring isolation, ethologically inappropriate housing, and invasive reproductive procedures that would severely impact the well-being of intelligent social creatures like pigs. (shrink)

I consider the plausibility of discounting for kinship, the view that a positive rate of pure intergenerational time preference is justifiable in terms of agent-relative moral reasons relating to partiality between generations. I respond to Parfit's objections to discounting for kinship, but then highlight a number of apparent limitations of this approach. I show that these limitations largely fall away when we reflect on social discounting in the context of decisions that concern the global community as a whole, such as (...) those related to global climate change. (shrink)

Most of us believe that partiality applies in a broad range of relationships. One relationship on which there is much disagreement is co-nationality. Some writers argue that co-national partiality is not justified in certain cases, like killing in war, since killing in defense of co-nationals is intuitively impermissible in other contexts. I argue that this approach overlooks an important structural feature of partiality—namely, that its scope is sometimes restricted. In this essay, I show how some relationships that generate reasons of (...) partiality are restricted in scope—that is, they generate reasons within particular contexts or with respect to particular goods. I then argue that co-national partiality is scope restricted. I then show how this fact helps proponents of co-national partiality overcome the aforementioned objection to its application in cases like war. (shrink)

It is commonly believed that the Doctrine of Double Effect is identical with, or presupposes, the Intention Principle according to which an act can be impermissible if done with a wrongful intention. A main line of objections to the DDE, then, stems from the worry that the Intention Principle implausibly interiorizes the wrongness of an action. I will argue, first, that the DDE does not presuppose the Intention Principle, and, second, that intuitions brought against the Intention Principle do not warrant (...) us to reject the DDE. Therefore, a main line of objections to the DDE is misguided. (shrink)

Contemporary just war theory is divided into two broad camps: revisionists and traditionalists. Traditionalists seek to provide moral foundations for something close to current international law, and in particular the laws of armed conflict. Although they propose improvements, they do so cautiously. Revisionists argue that international law is at best a pragmatic fiction—it lacks deeper moral foundations. In this article, I present the contemporary history of analytical just war theory, from the origins of contemporary traditionalist just war theory in Michael (...) Walzer's work to the revisionist critique of Walzer and the subsequent revival of traditionalism. I discuss central questions of methodology, as well as consider the morality of resorting to war and the morality of conduct in war. I show that although the revisionists exposed philosophical shortcomings in Walzer's arguments, their radical conclusions should prompt us not to reject the broad contemporary consensus, but instead to seek better arguments to underpin it. (shrink)

Killing civilians is worse than killing soldiers. Although this principle is widely affirmed, recent military practice and contemporary just war theory have undermined it. This article argues that killing an innocent person is worse the likelier it was, when you acted, that he would be innocent: riskier killings are worse than less risky killings. In war, killing innocent civilians is almost always riskier than killing innocent soldiers. So killing innocent civilians is worse than killing innocent soldiers. Since almost all civilians (...) are innocent in war, and since killing innocent civilians is worse than killing liable soldiers, killing civilians is worse than killing soldiers. (shrink)

There are different formulations of the doctrine of double effect (DDE), and sometimes philosophers propose “revisions” or alternatives, like the means principle, for instance. To demonstrate that such principles are needed in the first place, one would have to compare cases in which all else is equal and show that the difference in intuitions, if any, can only be explained by the one remaining difference and thus by the principle in question. This is not the methodology defenders of the DDE (...) and of related principles use, however. I will discuss how they actually proceed, focusing on their preferred four pairs of examples. While these examples might have rhetorical force, they are nevertheless philosophically and methodologically useless (since they do not keep all else equal). As a corrective, I shall offer examples that do keep all else equal. These examples undermine the DDE and related principles. I then argue that while the Loop case and the “closeness” problem in the context of Jonathan Bennett’s Sophisticated Bomber example might once have been an embarrassment of sorts for defenders of the DDE, meanwhile their discussion serves as a convenient distraction from the many clear examples disproving the DDE and related principles. I conclude that there is simply no sufficient intuitive support for the DDE or related principles. Instead of looking for their “rationales,” they should be abandoned. (shrink)

An influential objection to the view that intentions are non-derivatively relevant to the moral permissibility of actions states that if intentions were relevant to permissibility in such a way, one would have to take them into account in decision making, which would be odd (in some morally relevant sense of ‘oddness’). The paper outlines and assesses three candidates for the oddness: that considering intentions in decision making is an unordinary practice, that it is impossible or conceptually confused, and that it (...) assigns intentions the weight as moral considerations that they intuitively do not have. The paper rejects the first two and shows that the third is probably what motivates most critics of the relevance of intentions who raise this objection. If this is correct, the objection is a non-starter as it assumes what it has to prove. Towards the end, it is argued that the objection does not serve as a plausible error theory either. (shrink)

Many people believe in the intention principle, according to which an agent’s intention in performing an act can sometimes make an act that would otherwise have been permissible impermissible, other things being equal. Judith Jarvis Thomson, Frances Kamm and Thomas Scanlon have offered cases that seem to show that it can be permissible for an agent to act even when the agent has bad intentions. If valid, these cases would seem to cast doubt on the intention principle. In this paper, (...) I point out that these cases have confounding factors that have received little attention in the literature. I argue that these confounding factors undermine the putative force of these cases against the intention principle. Indeed, when cases without these confounding factors are considered, it becomes clear, so I argue, that intentions can be relevant for the permissibility of an act. (shrink)

The author contests the claim made independently by F.M. Kamm and Thomas Hurka that combatants ought to assign greater weight to collateral harm done to their compatriot noncombatants then they assign to collateral harm done to enemy non-combatants. Two arguments by analogy offered in support of such partiality, one of which appeals to permissible self/other asymmetry in cases of harming the few to save the many, and the second of which appeals to parents' justifiable partiality to their children, are found (...) wanting. The author also rebuts Kamm's argument that combatants should assign greater weight to collateral harm done to neutrals than to compatriot non-combatants. However, he contends that in some cases a neutral state's right to sovereignty may entail that a combatant ought to choose the act that will collaterally kill a greater number of compatriot non-combatants over one that involves collaterally killing a lesser number of neutrals. (shrink)

This paper surveys the most important recent debates within the ethics of war. Sections 2 and 3 examine the principles governing the resort to war (jus ad bellum) and the principles governing conduct in war (jus in bello). In Section 4, we turn to the moral guidelines governing the ending and aftermath of war (jus post bellum). Finally, in Section 5 we look at recent debates on whether the jus ad bellum and the jus in bello can be evaluated independently (...) of each other. (shrink)

There are different formulations of the doctrine of double effect, and sometimes philosophers propose “revisions” or alternatives, like the means principle, for instance. To demonstrate that such principles are needed in the first place, one would have to compare cases in which all else is equal and show that the difference in intuitions, if any, can only be explained by the one remaining difference and thus by the principle in question. This is not the methodology defenders of the DDE and (...) of related principles use, however. I will discuss how they actually proceed, focusing on their preferred four pairs of examples. While these examples might have rhetorical force, they are nevertheless philosophically and methodologically useless. As a corrective, I shall offer examples that do keep all else equal. These examples undermine the DDE and related principles. I then argue that while the Loop case and the “closeness” problem in the context of Jonathan Bennett’s Sophisticated Bomber example might once have been an embarrassment of sorts for defenders of the DDE, meanwhile their discussion serves as a convenient distraction from the many clear examples disproving the DDE and related principles. I conclude that the methodological mistakes found in defenses of the DDE – the biased framing, the rigged examples, the empirically unwarranted claims about how widely shared certain intuitions are, and the avoidance of the strongest counter-examples – can only be explained by systematic bias. There is simply no sufficient intuitive support for the DDE or related principles. Thus, instead of looking for their “rationales,” they should be abandoned. (shrink)