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Killing in war

New York: Oxford University Press (2009)

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  1. ‘To Serve and Protect’: The Ends of Harm by Victor Tadros. [REVIEW]Kasper Lippert-Rasmussen - 2015 - Criminal Law and Philosophy 9 (1):49-71.
    In The Ends of Harm Victor Tadros develops an alternative to consequentialist, and non-consequentialist retributivist, accounts of the justifiability of punishment: the duty view. Crucial to this view is the claim that wrongdoers incur an enforceable duty to remedy their wrongs. They cannot undo them, but they can do something that is almost as good—namely, by submitting to appropriate punishment, which will deter potential wrongdoers in the future, reduce their victim’s risk of suffering similar wrongs again. Admittedly, this involves harming (...)
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  • Military Veterans, Culpability, and Blame.Youngjae Lee - 2013 - Criminal Law and Philosophy 7 (2):285-307.
    Recently in Porter v. McCollum, the United States Supreme Court, citing “a long tradition of according leniency to veterans in recognition of their service,” held that a defense lawyer’s failure to present his client’s military service record as mitigating evidence during his sentencing for two murders amounted to ineffective assistance of counsel. The purpose of this Article is to assess, from the just deserts perspective, the grounds to believe that veterans who commit crimes are to be blamed less by the (...)
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  • Provocateurs.Kimberly Kessler Ferzan - 2013 - Criminal Law and Philosophy 7 (3):597-622.
    When a provocateur intentionally provokes a deadly affray, the law of self-defense holds that the provocateur may not use deadly force to defend himself. Why is this so? Provocateurs are often seen as just one example of the problem of actio libera in causa, the causing of the conditions of one’s defense. This article rejects theories that maintain a one-size-fits-all approach to actio libera in causa, and argues that provocateurs need specific rules about why they forfeit their defensive rights. This (...)
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  • The Ethics of War. Part II: Contemporary Authors and Issues.Endre Begby, Gregory M. Reichberg & Henrik Syse - 2012 - Philosophy Compass 7 (5):328-347.
    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 (...)
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  • The Ethics of War. Part I: Historical Trends1.Endre Begby, Gregory Reichberg & Henrik Syse - 2012 - Philosophy Compass 7 (5):316-327.
    This article surveys the major historical developments in Western philosophical reflection on war. Section 2 outlines early development in Greek and Roman thought, up to and including Augustine. Section 3 details the systematization of Just War theory in Aquinas and his successors, especially Vitoria, Sua´rez, and Grotius. Section 4 examines the emergence of Perpetual Peace theory after Hobbes, focusing in particular on Rousseau and Kant. Finally, Section 5 outlines the central points of contention following the reemergence of Just War theory (...)
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  • Out of character: on the creation of virtuous machines. [REVIEW]Ryan Tonkens - 2012 - Ethics and Information Technology 14 (2):137-149.
    The emerging discipline of Machine Ethics is concerned with creating autonomous artificial moral agents that perform ethically significant actions out in the world. Recently, Wallach and Allen (Moral machines: teaching robots right from wrong, Oxford University Press, Oxford, 2009) and others have argued that a virtue-based moral framework is a promising tool for meeting this end. However, even if we could program autonomous machines to follow a virtue-based moral framework, there are certain pressing ethical issues that need to be taken (...)
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  • Conviction Versus Convention: Rodin, David, and Shue, Henry . 2008. Just and Unjust Warriors: The Moral and Legal Status of Soldiers. Oxford University Press, Oxford, 272 pp.Nolen Gertz - 2011 - Res Publica 17 (2):203-209.
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  • Self-Defense, Punishing Unjust Combatants and Justice in War.Steve Viner - 2010 - Criminal Law and Philosophy 4 (3):297-319.
    Some contemporary Just War theorists, like Jeff McMahan, have recently built upon an individual right of self-defense to articulate moral rules of war that are at odds with commonly accepted views. For instance, they argue that in principle combatants who fight on the unjust side ought to be liable to punishment on that basis alone. Also, they reject the conclusion that combatants fighting on both sides are morally equal. In this paper, I argue that these theorists overextend their self-defense analysis (...)
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  • Nonlethal Weapons, Noncombatant Immunity, and Combatant Nonimmunity: A Study of Just War Theory. [REVIEW]John W. Lango - 2010 - Philosophia 38 (3):475-497.
    Frequently, the just war principle of noncombatant immunity is interpreted as morally prohibiting the intentional targeting of noncombatants. Apparently, many just war theorists assume that to target means to (intend to) kill. Now that effective nonlethal weapons have been envisaged, it should be evident that there is no conceptual connection between intentionally targeting and intentionally killing. For, using nonlethal weapons, there could be intentional targeting without intentional killing. This paper explores the question of whether the noncombatant immunity principle should be (...)
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