The Principle of Double Effect has served as a guide for both statesmen and soldiers since the middle ages in determining which acts in war are morally permissible and which are not. It is used, in particular, by those who make their moral decisions on the basis of certain moral rules that concern the moral consequences of action. This Principle of Double Effect (hereafter referred to as PDE) comes into play in situations where an agent has the option of performing (...) an act with both good and bad consequences. Advocates of PDE believe that it is morally significant whether a bad consequence is intended by the agent or merely forseen as incidental to an act that is in all other respects morally acceptable.^ Of great interest to moral philosophers discussing acts of war is how this principle applies to the deaths of persons not directly involved in the prosecution of the war. Proponents of the PDE claim that while it is morally impermissible to intentionally bring about the deaths of innocent people during combat, either as a means to a military objective or as a goal in itself, it is permissible under certain circumstances for an agent to choose a course of action which may bring about the deaths of innocent people as a forseeable consequence. (shrink)

The question of the morality of war is something of an embarrassment to liberal political thinkers. A philosophical tradition which aspires to found its preferred institutions in respect for individual autonomy, contract, and voluntary association, is naturally confronted by a phenomenon that is almost exclusively explained and justified in the language of States, force and territory. But the apparent difficulties involved in providing a convincing account of nature and ethics of war in terms of relations between individuals has not prevented (...) liberal theorists from attempting this task. This paper examines a recent attempt by Igor Primoratz to sketch out the implications of a consistent liberalism for just war doctrine and, in particular, as regards the question of who may be a legitimate target of attack in wartime. Primoratz’s paper itself is a critique of Michael Waltzer’s authoritative exposition of just war theory for failing to be sufficiently and consistently liberal. The debate between these two authors is a productive site for investigating the potential and limitations of liberal theories of just war. (shrink)

Untangling the relationship of law and liberty is among the core problems of political theory. One prominent position is that there is no freedom without law. This article challenges the argument that, because law is constitutive of freedom, there is no freedom without law. I suggest that, once properly understood, the argument that law is constitutive of freedom does not uniquely apply to law. It also applies to social norms. What law does for freedom, social norms can do too. Thus, (...) I claim the question facing us is not the easy one of either law or social norms. Respecting this draws attention to the unique risks to our freedom introduced by both sets of norms. (shrink)

Killing civilians is worse than killing soldiers. If any moral principle commands near universal assent, this one does. Few moral principles have been more widely and more viscerally affirmed. And yet, in recent years it has faced a rising tide of dissent. Political and military leaders seeking to slip the constraints of the laws of war have cavilled and qualified. Their complaints have been unwittingly aided by philosophers who, rebuilding just war theory from its foundations, have concluded that this principle (...) is at best a useful fiction. Sparing Civilians aims to turn this tide, and to vindicate international law, and the ruptured consensus. In doing so, Seth Lazar develops new insights into the morality of harm, relevant to everyone interested in normative and applied ethics. (shrink)

In this paper I examine one line of argument against the claim that (some) suicide may be morally legitimate. This argument appeals to a putative moral principle that it is never licit to assault an innocent human life. I consider some related arguments in St. Augustine and St. Thomas, and I explore two possible senses of “innocent.” I argue that in one sense the putative moral principle is very implausible, and in neither sense is it true that all suicides assault (...) an innocent life. So this line of argument fails to establish the desired universal prohibition of suicide. (shrink)