What is "terrorism"? Under what circumstances, if any, is terrorism morally acceptable? This course examines theories of just war and just warfare. The theories aim to specify under what circumstances and in what ways--in the context of waging war-- it is morally acceptable to kill people. One question that arises here is whether or not there are types of killings and threatened killings that are always wrong, whatever the consequences. Another question that arises is what it is morally permissible to (...) do when one is threatened by morally wrongful violence, by terrorism, for example. The aim of the course is to encourage your own thought and reflection on these difficult moral questions. (shrink)

This chapter considers Arthur Danto's use of a particular thought experiment to support his theory of art and Richard Wollheim's discussion of it. It also considers a comparable thought experiment about conceptual issues in ethics. The chapter presents how some thought experiments in moral philosophy do and do not resemble Danto's gallery of indiscernibles. A. Surprisingly, in his own discussion of the permissibility of certain acts of killing and harming, Danto seems to have adopted a view similar to the one (...) Wollheim adopted about Danto's indiscernibles. Use of thought experiments in ethics is often unlike the use of thought experiments in Danto's work. The chapter explores how ethics employs thought experiments to determine permissibility of acts and whether thought experiments could comparably be used to determine the merit of artworks. (shrink)

Danaher (2016) has argued that increasing robotization can lead to retribution gaps: Situation in which the normative fact that nobody can be justly held responsible for a harmful outcome stands in conflict with our retributivist moral dispositions. In this paper, we report a cross-cultural empirical study based on Sparrow’s (2007) famous example of an autonomous weapon system committing a war crime, which was conducted with participants from the US, Japan and Germany. We find that (i) people manifest a considerable willingness (...) to hold autonomous systems morally responsible, (ii) partially exculpate human agents when interacting with such systems, and that more generally (iii) the possibility of normative responsibility gaps is indeed at odds with people’s pronounced retributivist inclinations. We discuss what these results mean for potential implications of the retribution gap and other positions in the responsibility gap literature. (shrink)

The dead donor rule (DDR) prohibits retrieval protocols that would be lethal to the donor. Some argue that compliance with it can be maintained by satisfying the requirements of double‐effect reasoning (DER). If successful, one could support organ donation without reference to the definition of death while being faithful to an ethic that prohibits intentionally killing innocent human life. On the contrary, I argue that DER cannot make lethal organ donation compatible with the DDR, because there are plausible ways it (...) fails DER's requirements. A key takeaway is that the theories of intention and proportionality assumed in DER matter for its plausibility as a constraint on practical reasoning. (shrink)

It is commonly held that unexcused impermissible acts are necessarily blameworthy, not praiseworthy. I argue that unexcused impermissible acts can not only be pro tanto praiseworthy, but overall praiseworthy—and even more so than permissible alternatives. For example, there are cases in which it is impermissible to at great cost to yourself rescue fewer rather than more strangers, yet overall praiseworthy, and more so than permissibly rescuing no one. I develop a general framework illuminating how praiseworthiness can so radically come apart (...) from deontic status. (shrink)

To many, the idea of autonomous weapons systems (AWS) killing human beings is grotesque. Yet critics have had difficulty explaining why it should make a significant moral difference if a human combatant is killed by an AWS as opposed to being killed by a human combatant. The purpose of this paper is to explore the roots of various deontological concerns with AWS and to consider whether these concerns are distinct from any concerns that also apply to long- distance, human-guided weaponry. (...) We suggest that at least one major driver of the intuitive moral aversion to lethal AWS is that their use disrespects their human targets by violating the martial contract between human combatants. On our understanding of this doctrine, service personnel cede a right not to be directly targeted with lethal violence to other human agents alone. Artificial agents, of which AWS are one example, cannot understand the value of human life. A human combatant cannot transfer his privileges of targeting enemy combatants to a robot. Therefore, the human duty-holder who deploys AWS breaches the martial contract between human combatants and disrespects the targeted combatants. We consider whether this novel deontological objection to AWS forms the foundation of several other popular yet imperfect deontological objections to AWS. (shrink)

In light of the extent of wild animal suffering, some philosophers have adopted the view that we should cautiously assist wild animals on a large scale. Recently, their view has come under criticism. According to one objection, even cautious intervention is unjustified because fallibility is allegedly intractable. By contrast, a second objection states that we should abandon caution and intentionally destroy habitat in order to prevent wild animals from reproducing. In my paper, I argue that intentional habitat destruction is wrong (...) because negative duties are more stringent than positive duties. However, I also argue that the possible benefits of ecological damage, combined with the excusability of unintended, unforeseeable harm, suggest that fallibility should not paralyse us. (shrink)

Conditional pacifism is the view that war is morally justified if and only if it satisfies the condition of not causing serious harm or death to innocent persons. Modern war cannot satisfy this condition, and is thus always unjustified. The main response to this position is that the moral presumption against harming or killing innocents is overridden in certain cases by the moral presumption against allowing innocents to be harmed or killed. That is, as harmful as modern war is, it (...) can be morally justified as a lesser evil when it alone can prevent great harm to innocents. This paper proposes that extreme cases in which only war can prevent great harm to innocents may be morally tragic. In some cases it may be both wrong to wage war to prevent great harm and wrong to fail to prevent that great harm. (shrink)

The experience of ‘moral distress’ is an increasing focal point of contemporary medical and bioethics literature, yet it has received little attention in discussions intersecting with ethical theory. This is unfortunate, as it seems that the peculiar phenomenon may well help us to better understand a number of issues bearing both practical and theoretical significance. In this article, I provide a robust psychological profile of moral distress in order to shed a newfound light upon the longstanding problem of ‘dirty hands’. (...) I argue that moral distress offers evidence of the existence of dirty hands situations. By examining moral distress and its relationship to cases of dirty hands, it appears that few of us are completely immune to susceptibility to these sorts of troubling experiences. With this concern in mind, I provide various recommendations to help alleviate our morally distressing personal and professional lives. (shrink)

Analytic just war theorists often attempt to construct ideal theories of military justice on the basis of intuitions about imaginary and sometimes outlandish examples, often taken from non-military contexts. This article argues for a sharp curtailment of this method and defends, instead, an empirically and historically informed approach to the ethical scrutiny of armed conflicts. After critically reviewing general philosophical reasons for being sceptical of the moral-theoretic value of imaginary hypotheticals, the article turns to some of the special problems that (...) this method raises for appraisals of warfare. It examines some of the hypothetical examples employed in the construction of Jeff McMahan’s revisionist just war theory, and finds that they sometimes stipulate incompre- hensible conditions, lead to argumentative impasses of diverging yet uncertain intuitions, and distract attention away from the real problems of war as we empirically know it. In contrast, empirical and historical studies of warfare rein- force the deep connections between facts and values, and compel theorists to face uncomfortable moral ambiguities. Perhaps most importantly, the analytic method of focusing on imaginary hypothetical examples can not only be distracting, but it can also be genuinely dangerous. Hence, the article pays special attention to the way in which a seemingly innocuous fiction like the famous Ticking Time Bomb scenario can come to frame a new paradigm of inhumanity in the treatment of prisoners of war. (shrink)

I defend the following version of the ought-implies-can principle: (OIC) by virtue of conceptual necessity, an agent at a given time has an (objective, pro tanto) obligation to do only what the agent at that time has the ability and opportunity to do. In short, obligations correspond to ability plus opportunity. My argument has three premises: (1) obligations correspond to reasons for action; (2) reasons for action correspond to potential actions; (3) potential actions correspond to ability plus opportunity. In the (...) bulk of the paper I address six objections to OIC: three objections based on putative counterexamples, and three objections based on arguments to the effect that OIC conflicts with the is/ought thesis, the possibility of hard determinism, and the denial of the Principle of Alternate Possibilities. (shrink)

May lethal autonomous weapons systems—‘killer robots ’—be used in war? The majority of writers argue against their use, and those who have argued in favour have done so on a consequentialist basis. We defend the moral permissibility of killer robots, but on the basis of the non-aggregative structure of right assumed by Just War theory. This is necessary because the most important argument against killer robots, the responsibility trilemma proposed by Rob Sparrow, makes the same assumptions. We show that the (...) crucial moral question is not one of responsibility. Rather, it is whether the technology can satisfy the requirements of fairness in the re-distribution of risk. Not only is this possible in principle, but some killer robots will actually satisfy these requirements. An implication of our argument is that there is a public responsibility to regulate killer robots ’ design and manufacture. (shrink)

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 (...) when it comes to the punishment of unjust combatants, and I show how in an important sense just and unjust combatants are morally equal. I contend that the individualistic and quid pro quo perspective of the self-defense analysis fails to consider properly how the international community, morally speaking, ought to treat combatants, and I set forth four elements of justice applicable to war, which, together, support the conclusion that in principle the international community should not take on the activity of punishing combatants solely for fighting on the unjust side. (shrink)

When faced with multiple claims to a particular good, what does distributive justice require? To answer this question, we need a substantive moral theory that will enable us assign relative moral weights to the parties' claims. But this is not all we need. Once we have assessed the moral weight of each party's claim, we still need to decide what method of distribution to employ, for there are two methods open to us. We could take the winner-take-all approach, and award (...) the good to the party with the strongest claim. On the other hand, we could divide the good proportionally, according to the relative strength of each party's claim. Because the choice between these two methods of distribution can have a dramatic impact on the resulting pattern of distribution, the choice presents a question of justice. But this is a question of justice that is often overlooked. As a result, we currently employ the principle of proportionality far less often than justice actually requires. If we focus on the question of distributive method, however, we are not only better able to understand how certain reasons enter into our all-things-considered moral judgments, we are also able to explain some perplexing but common aspects of our moral beliefs: how rights can be said to have peremptory force, yet still be balanced against other important interests; how justice can sometimes require compromise, yet sometimes require victory; and how a moral theory can avoid being too demanding while still being demanding enough. Key Words: autonomy • equality • indivisibility • inviolability • weighted lotteries • rights. (shrink)

This paper discusses the application of the supreme emergency doctrine from just-war theory to non-antagonistic threats. Two versions of the doctrine are considered: Michael Walzer’s communitarian version and Brian Orend’s prudential one. I investigate first whether the doctrines are applicable to non-antagonistic threats, and second whether they are defensible. I argue that a version of Walzer’s doctrine seems to be applicable to non-antagonistic threats, but that it is very doubtful whether the doctrine is defensible. I also argue that Orend’s version (...) of the doctrine is applicable to non-antagonistic threats, but that his account is not defensible, regardless of whether the threats are antagonistic or not. (shrink)

In this paper, I offer a prolegomenon to the philosophy of harm reduction. I begin with an overview of the philosophical literature on both harm and harm reduction, and a brief summary of harm reduction scholarship outside of philosophy in order to make the case that philosophers have something to contribute to understanding harm reduction, and moreover that engagement with harm reduction would improve philosophical scholarship. I then proceed to survey and assess the nascent and still modest philosophy of harm (...) reduction literature that has begun to emerge. I pay particular attention to two Canadian philosophers who have called for the expansion of harm reduction beyond the realm of so-called “vice”. Finally, I sketch some of the most interesting and important philosophical issues that I think the philosophy of harm reduction must grapple with going forward. (shrink)

Moral courage involves acting in the service of one’s convictions, in spite of the risk of retaliation or punishment. I suggest that moral courage also involves a capacity to face others as moral agents, and thus in a manner that does not objectify them. A moral stand can only be taken toward another moral agent. Often, we find ourselves unable to face others in this way, because to do so is frightening, or because we are consumed by blinding anger. But (...) without facing others as moral subjects, we risk moral cowardice on the one hand and moral fanaticism on the other. (shrink)

This thesis concerns the measurement of freedom, and its value. Specifically, I am concerned with three overarching questions. First, can we measure the extent of an individual’s freedom? It had better be that we can, otherwise much ordinary and intuitive talk that we would like to vindicate – say, about free persons being freer than slaves – will turn out to be false or meaningless. Second, in what ways is freedom valuable, and how is this value measured? It matters, for (...) example, whether freedom is valuable only insofar as it enables us to pursue specific ends we happen to value for independent reasons, or whether it is also valuable in itself. In the latter case, but not the former, more freedom will always be better. Likewise, it’s important to get clarity on what ends, exactly, freedom is especially instrumentally valuable in promoting, since this goes to how much we should care about it. And finally, the liberal political tradition asserts that there is a special sphere of personal choices within which individuals should be free to do as they please, for reasons over and above the value of freedom itself. Now, can we measure the extent to which states and individuals respect individual liberties, and can we weigh the importance of respecting liberty against competing values like social welfare? To answer these questions, I follow the axiomatic tradition of social choice theory, and I develop several novel measures of freedom – including the first measure of freedom ever proposed that is sensitive to how modally robustly our options are available – a novel approach to measuring the diversity of an opportunity set, and I develop an account of the value of freedom according to which an important part of why freedom matters is that it enables us to improve our preferences through learning, and I construct ways of measuring the value of freedom along this dimension of value. Finally, in later chapters, I provide a representation result for a measure of illiberalism, i.e. of the degree to which states fail to respect the rights of their citizens, and I extend this result to provide a characterization of moral theories that express concern for respecting the rights of others. The final chapter closes by discussing how this concern may be weighed against concerns for social welfare. (shrink)

Autonomous Weapons Systems (AWS) have not gained a good reputation in the past. This attitude is odd if we look at the discussion of other-usually highly anticipated-AI-technologies, like autonomous vehicles (AVs); whereby even though these machines evoke very similar ethical issues, philosophers' attitudes towards them are constructive. In this article, I try to prove that there is an unjust bias against AWS because almost every argument against them is effective against AVs too. I start with the definition of "AWS." Then, (...) I arrange my arguments by the Just War Theory (JWT), covering jus ad bellum, jus in bello and jus post bellum problems. Meanwhile, I draw attention to similar problems against other AI-technologies outside the JWT framework. Finally, I address an exception, as addressed by Duncan Purves, Ryan Jenkins and Bradley Strawser, who realized the unjustified double standard, and deliberately tried to construct a special argument which rules out only AWS. (shrink)

Scanlonian contractualism rejects the consequentialist assumptions about morality, value, and rationality in virtue of which deontological constraints appear paradoxical. And yet, Jeffrey Brand-Ballard and Robert Shaver have claimed that it cannot succeed in defending the said restrictions. That is because they see Scanlon’s tie-breaking argument as threatening to justify aggregation in paradox of deontology cases. I argue that this claim rests upon a failure to appreciate contractualism’s relational character. Once we take this feature of the view into account, it becomes (...) clear that the tie-breaking argument is ruled out in cases where the only way for us to prevent several killings would be to commit one ourselves. To show this, I provide a contractualist explanation of why our duty not to harm persons is stricter than our duty to help them when they are threatened with harm. I conclude by distinguishing two ways in which this defense of deontological restrictions might bring contractualism objectionably close to absolutism. (shrink)

Wild animal reproduction poses an important moral problem for animal rights theorists. Many wild animals give birth to large numbers of uncared-for offspring, and thus child mortality rates are far higher in nature than they are among human beings. In light of this reproductive strategy – traditionally referred to as the ‘r-strategy’ – does concern for the interests of wild animals require us to intervene in nature? In this paper, I argue that animal rights theorists should embrace fallibility-constrained interventionism: the (...) view that intervention in nature is desirable but should be constrained by our ignorance of the inner workings of ecosystems. Though authors sometimes assume that large-scale intervention requires turning nature into an enormous zoo, I suggest an alternative. With sufficient research, a new form of gene editing called CRISPR promises to one day give us the capacity to intervene without perpetually interfering with wild animals’ liberties. (shrink)

Are there cases in which agents ought to give up on satisfying an obligation, so that they can avoid a temptation which will lead them to freely commit an even more significant wrong? Actualists say yes. Possibilists say no. Both positions have absurd consequences. This paper argues that common-sense morality is committed to an inconsistent triad of principles. This inconsistency becomes acute when we consider the cases that motivate the possibilism–actualism debate. Thus, the absurd consequences of both solutions are unsurprising: (...) any proposed solution will have consequences incompatible with common moral practice. Arguments for denying one of the principles are considered and rejected. The paper then suggests that the inconsistent moral commitments originate in an inconsistent picture of human agency. Revisionary pictures of human agency are considered. It is argued that a quasi-Platonic picture of agency, similar to that advocated by Gary Watson 1977, is the most promising. (shrink)

(No abstract is available for this citation).

To many, the idea of autonomous weapons systems (AWS) killing human beings is grotesque. Yet critics have had difficulty explaining why it should make a significant moral difference if a human combatant is killed by an AWS as opposed to being killed by a human combatant. The purpose of this paper is to explore the roots of various deontological concerns with AWS and to consider whether these concerns are distinct from any concerns that also apply to long-distance, human-guided weaponry. We (...) suggest that at least one major driver of the intuitive moral aversion to lethal AWS is that their use disrespects their human targets by violating the martial contract between human combatants. On our understanding of this doctrine, service personnel cede a right not to be directly targeted with lethal violence to other human agents alone. Artificial agents, of which AWS are one example, cannot understand the value of human life. A human combatant cannot transfer his privileges of targeting enemy combatants to a robot. Therefore, the human duty-holder who deploys AWS breaches the martial contract between human combatants and disrespects the targeted combatants. We consider whether this novel deontological objection to AWS forms the foundation of several other popular yet imperfect deontological objections to AWS. (shrink)

What is the relation between the rules of war covered by ‘the war convention’ and the source of their normative authority? According to Michael Walzer, these rules have normative authority by virtue of being widely established in theory and practice and conforming to our moral sensibilities. It is striking that his influential account of just war has a conventionalist grounding similar to his more scrutinized general theory of justice. Indeed, we should question whether a shared moral understanding is an adequate (...) basis for morally obligating parties who might challenge the rules under the war convention. I argue that rules of war need the support of moral judgments whose normative authority is ultimately not conventional in nature. Reasonable objections to the war convention exert pressure to revise its standard principles or to admit that these principles lack general moral force. Such objections, inchoate though they may be in international political discourse, seem a source of commonly voiced skepticism of morality in international relations. Debate about the merits of alternative principles of just war has the advantage of engaging with this skepticism. This opens up the possibility that less powerful or more conscientious parties could play a constructive role in a public and more democratic discourse of just war. Key Words: Karl von Clausewitz • convention • Gilbert Harman • just war theory • morality • normative authority • political realism • war • the war convention • Michael Walzer. (shrink)

This paper argues that certain central tenets of the traditional theory of the just war cannot be correct. It then advances an alternative account grounded in the same considerations of justice that govern self-defense at the individual level. The implications of this account are unorthodox. It implies that, with few exceptions, combatants who fight for an unjust cause act impermissibly when they attack enemy combatants, and that combatants who fight in a just war may, in certain circumstances, legitimately target noncombatants (...) who bear a significant degree of moral responsibility for a wrong, when the prevention or rectification of that wrong constitutes a just cause for war. (shrink)

Defence agencies across the globe identify artificial intelligence as a key technology to maintain an edge over adversaries. As a result, efforts to develop or acquire AI capabilities for defence are growing on a global scale. Unfortunately, they remain unmatched by efforts to define ethical frameworks to guide the use of AI in the defence domain. This article provides one such framework. It identifies five principles—justified and overridable uses, just and transparent systems and processes, human moral responsibility, meaningful human control (...) and reliable AI systems—and related recommendations to foster ethically sound uses of AI for national defence purposes. (shrink)

Currently, the central questions in the philosophical debate surrounding the ethics of automated warfare are (1) Is the development and use of autonomous lethal robotic systems for military purposes consistent with (existing) international laws of war and received just war theory?; and (2) does the creation and use of such machines improve the moral caliber of modern warfare? However, both of these approaches have significant problems, and thus we need to start exploring alternative approaches. In this paper, I ask whether (...) autonomous robots ought to be programmed to be pacifists. The answer arrived at is “Yes”, if we decide to create autonomous robots, they ought to be pacifists. This is to say that robots ought not to be programmed to willingly and intentionally kill human beings, or, by extension, participate in or promote warfare, as something that predictably involves the killing of humans. Insofar as we are the ones that will be determining the content of the robot’s value system, then we ought to program robots to be pacifists, rather than ‘warists’. This is (in part) because we ought to be pacifists, and creating and programming machines to be “autonomous lethal robotic systems” directly violates this normative demand on us. There are no mitigating reasons to program lethal autonomous machines to contribute to or participate in warfare. Even if the use of autonomous lethal robotic systems could be consistent with received just war theory and the international laws of war, and even if their involvement could make warfare less inhumane in certain ways, these reasons do not compensate for the ubiquitous harms characteristic of modern warfare. In this paper, I provide four main reasons why autonomous robots ought to be pacifists, most of which do not depend on the truth of pacifism. The strong claim being argued for here is that automated warfare ought not to be pursued. The weaker claim being argued for here is that automated warfare ought not to be pursued, unless it is the most pacifist option available at the time, and other alternatives have been reasonably explored, and we are simultaneously promoting a (long term) pacifist agenda in (many) other ways. Thus, the more ambitious goal of this paper is to convince readers that automated warfare is something that we ought not to promote or pursue, while the more modest—and I suspect, more palatable—goal is to spark sustained critical discussion about the assumptions underlying the drive towards automated warfare, and to generate legitimate consideration of its pacifist alternatives,in theory, policy, and practice. (shrink)

Joseph Heath defends competitive markets and conceptualizes business ethics with reference to Pareto efficiency, which he takes to be the “implicit morality of the market.” His justification for markets is that they generate Pareto efficient outcomes, meaning that markets optimally satisfy consumer preferences. And, for Heath, business ethics is the set of normative constraints—regulation and beyond-compliance norms—needed to preserve that outcome. The present paper accepts Heath’s claim that the economic justification for markets is ethical, in that satisfying consumer preferences is (...) a good. But, contra Heath, the ethical consideration at work is a consequentialist one; and acknowledging this consequentialism exposes limitations of Heath’s “market failures” approach to business ethics. We suggest two limitations, and we expect many will accept our argument that Heath’s conception of business ethics is too narrow. The present paper outlines two broader implications. First, acknowledging that the justification for markets is ethical eliminates the apparent—and false—conflict between purportedly amoral economic activity on one hand and ethical considerations on the other; instead, business ethics is a matter of weighing the consequentialist ethical benefit of economic activity and markets against other moral arguments/other ethical considerations. Second, Heath restricts business ethics to the constraints needed to protect the market’s ability to efficiently satisfy consumer preferences, constraints he calls “efficiency imperatives”; this restriction supports the widespread tendency to think that all social problems are economic; and, a business ethics so-conceived diminishes the perceived importance of noneconomic values—this attitude is dangerous. (shrink)

This article analyzes the moral and political implications of strong moral character for political action. The treatment provides reason to hold that strong moral character should play a role in a robust normative account of political leadership. The case is supported by empirical findings on character dispositions and the political viability of the account’s normative prescriptions.

In this article, after providing a preliminary characterization of pacifism, the author first argues that pacifism sensibly articulates with the concepts of force and rights and then critically discusses the just war position, the correctness of which would entail the wrongnessof pacifism in a strong construction. The author goes on to argue that a primary moral obligation of justice is sufficient to make it wrong to resort to war and that, moreover, utilitarian ethics, deontological ethics, and the religious ethics of (...) love, on their own separate grounds, arguably should agree on a repudiation of war, but, finally, religious ethics repudiates war best because it sees best the heart of the matter. (shrink)

The problem of “dirty hands” has become an important term, indeed one of the most important terms of reference, in contemporary academic scholarship on the issue of torture. The aim of this essay is to offer a better understanding of this problem. Firstly, it is argued that the problem of “dirty hands” can play neither within rule-utilitarianism nor within absolutism. Still, however, the problem of “dirty hands” represents an acute, seemingly irresolvable, conflict within morality, with the moral agent understood, following (...) Nagel, as necessarily holding mixed, absolutist-consequentialist moral intuitions, pulling in opposite directions. Secondly, a distinction is drawn between real situations of “dirty hands,” and other conflictual scenarios, which are commonly, but unjustifiably placed under the metaphorical title of “dirty hands.” Finally, it is suggested - utilizing Nagel’s own ideas, as developed in his later work, and Sen’s notion of evaluator relativity—that the moral “blind alley” manifested in the problem of “dirty hands” may not be totally blind after all, at least from the situated agent’s own internal point of view (as opposed to that of an external observer trying to put herself in the agent’s position by way of moral simulation). Thus, contrary to Walzer’s approach, it is possible for a person (politician) acting in a situation of “dirty hands,” not to believe herself to be guilty, but still be a moral person. (shrink)

(No abstract is available for this citation).

ABSTRACTIt is often held that disagreement over non-normative facts is less significant to the project of public justification than disagreement over relevant moral norms. But this dismissal of non-normative factual disagreement is unjustified—an ad hoc attempt to save the ideal of public justification from the endemic actual disagreement that threatens it. Disagreement over norms is relevant to political legitimacy; so, too, is disagreement over facts. I draw two implications from this point. First, inasmuch as accounts of public justification typically involve (...) a unanimity condition, public justification should not be thought a desideratum of political legitimacy. Second, virtuous political praxis will often involve enforcing legislation in spite of unresolved non-normative factual disagreement. That is, with respect to legitimacy, there is nothing morally amiss about such legislation. Clearly these last claims presuppose some basis for legitimacy other than agreement; I will only gesture at what this might be. Assuming that much actual legislation is indeed legitimate, though—in spite of extant normative and non-normative disagreement—I go so far as concluding that such a basis, whatever it is, must exist. (shrink)

Kai Draper’s War and Individual Rights: The Foundations of Just War Theory seeks to “give birth to an alternative approach” to traditional just war theory. This review seeks to analyse and evaluate this alternative approach. Draper’s approach to just war theory differs from other approaches in three ways. First, it is “highly individualistic.” Second, Draper’s approach avoids reliance upon the principle of double effect. Third, this approach is “largely rights-based”—it seeks “to understand the ethics of war mostly by way of (...) understanding certain fundamental moral rights”. This review will argue that Draper succeeds in offering an alternative to traditional just war theory that is both rights-based and capable of dispensing with the needless complexities of the principle of double effect. However this review will argue that Draper falls short of his ultimate goal of refuting Rousseau’s claim that war is “a relationship between State and State, in which individuals are enemies only by accident”. (shrink)

The suffering of war refugees is often regarded as a wrong-less harm. Although war refugees have been made worse off in severe ways, they have not been wronged, because no one intentionally caused their suffering. In military parlance, war refugees are collateral damage. As such, nothing is owed to them as a matter of justice, because their suffering is not the result of intentional wrongdoing; rather, it is the regrettable and unintended result of necessary and proportionate wartime actions. So, while (...) the warring national or extra-national groups might help war refugees, such aid is regarded as humanitarian, not as justice.I challenge the view that war refugees are harmed but not wronged when those harms directly result from necessary and proportionate wartime actions. War refugees are innocent bystanders, and so are an exception to the principle that permits defense by any necessary and proportionate means. Just as an individual may not kill or seriously harm an innocent bystander to save herself, so too national or extra-national groups may not create refugees to win a war. If such groups do create war refugees during the legitimate pursuit of military goals, they have wronged those refugees, and so owe them recompense. (shrink)

It is widely agreed that deception of the enemy can be morally permissible in war. However, the question of the morally acceptable limits to deception in war has barely been explored in contemporary ethics. This paper defends the thesis that there are no moral limits on military deception per se, that is, no limits based on the ethics of truthfulness. Rather, all moral restriction against deception in war is based on another moral principle: military deception is morally unacceptable only when (...) it violates the principle of not harming those who do not intend to harm us. (shrink)

The truth of the Church corresponds to a ‘political’ ethic that is cultivated in the Divine Liturgy. To the extent that the Church is signified in the Divine Liturgy, the criterion for what is politically prudent should be sought in the Divine Liturgy. We will argue that such a pursuit leads to the designation of a governance ethics that concerns not only political and church leaders but also any Christian, or any person, who exercises ‘governance’ within the framework of his (...) own roles and responsibilities. In the Divine Liturgy we do not simply have a conception of Church as polis but also the notion of any polis as liturgy. (shrink)