It is commonly believed that people become selfish and turn to looting, price gouging, and other immoral behaviour in emergencies. This has been the basis for an argument justifying extraordinary measures in emergencies. It states that if emergencies are not curtailed, breakdown of moral norms threaten (‘the moral black hole’). Using the example of natural disasters, we argue that the validity of this argument in non-antagonistic situations, i.e. situations other than war and armed conflict, is highly questionable. Available evidence suggests (...) that people in such emergencies typically do not display panic reactions or exaggerated selfishness, and that phenomena such as looting and price gouging are rare. Furthermore, a version of the moral-black-hole argument based on the mere possibility of a moral black hole occurring runs into problems similar to those of Pascal’s Wager. We conclude that we should be wary against applying the moral-black-hole argument to non-antagonistic cases. (shrink)

Recent years have seen a revival of interest in Michael Walzer's doctrine of ‘supreme emergency’. Simply put, the doctrine holds that, when a state confronts an opponent who threatens annihilation, it can be morally legitimate to violate one of the cardinal rules of the war convention – the principle of non-combatant immunity. Walzer cites the case of Britain's decision to bomb German cities in 1940 as a case in point. Although the theory of supreme emergency has been scrutinised, the historical (...) case that Walzer refers to has not been looked at in depth. This article seeks to remedy this problem by asking whether the principle actors involved in the decision to bomb German cities understood themselves to be in a supreme emergency. It argues that the British leadership never openly admitted that they were in fact targeting German civilians, and that the principle reason for this was a widespread belief that the British and American publics would not support such a campaign. As a result, throughout the war, the British government publicly maintained the fiction that the devastation of German cities was a collateral product of attacks on its industrial infrastructure. This, in turn, suggests that liberal societies – even those facing imminent destruction – do not tend to support a relaxing of the rules of non-combatant immunity, suggesting that the prohibition on deliberately killing non-combatants may be more embedded than has hitherto been thought. (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)

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 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)

A disaster is an occurrence disrupting a community’s normal functioning and existence. The disruption may render it impossible to comply with principles and to respect, protect, and fulfill rights as it happens in ordinary times; it may induce an overwhelming shortage of resources and make tragic decisions unavoidable. From its very beginning, the COVID-19 pandemic evoked the scenario of disaster medicine, where triage is likely to imply not simply postponing a treatment but letting someone die. However, it is not only (...) the health care system that faces disruption risks. Lockdown measures and other restrictions were imposed to curb the pandemic, impinging upon individual freedom as well as economic activities. The proposal of mandatory vaccination implied a suspension of the principle of autonomy, which is a fundamental pillar of modern medicine. Out of the ordinary balancing efforts may be required, and two questions arise. Do such exceptional circumstances suggest reconsidering the criteria to apply, especially when essential, life-saving treatments are at stake? Who should decide? Science offers the premises to build on, but the last word does not belong to science. It remains the province of ethics and politics. (shrink)

The article critically analyzes one of the central assumptions of Michael Walzer’s version of just war theory, as presented in his main work devoted to war ethics. As requested by the author of Just and Unjust Wars, the controversial nature of the principle of the moral equality of soldiers is revealed by discussing the actual course of events of a historical military conflict – namely, the outbreak of World War II, one of the main issues dealt with in Walzer’s book. (...) The exclusion of individual responsibility of people involved in a military operation which finds no moral justification seems to entail a number of consequences that put a heavy burden on Walzer’s overall model of military ethics. In order to ensure the necessary level of coherence of just war theory one may need to modify Walzer’s principle of the moral equality of soldiers – at least in relation to the participants of total war. (shrink)

Many believe that in?supreme emergencies? collectives are granted what I elsewhere call?special permissions?, permissions to carry out self-defensive acts which would otherwise be morally forbidden. However, there appears to be a continuum between non-emergency, emergency and supreme-emergency situations, which gives rise to the following problem: If special permissions are granted in supreme emergencies, they should apply, mutatis mutandis, to less extreme cases too. If, to save itself from wholesale massacre, a collective is allowed to kill thousands of noncombatants on the (...) side of the aggressor, then to save itself from a less murderous campaign, a collective should be allowed to kill several hundreds of noncombatants, and so on. But this conclusion seems to undermine the most fundamental ideas of just war theory. The purpose of the paper is to discuss possible solutions to this problem. I contend that a contractarian view of the war convention offers the most attractive solution, though, at the end of the day, I am not sure that it will work. (shrink)

Justificatory defenses apply to actions that are generally wrong and illegal—mainly since they harm people—when they are justified—usually since they prevent harm to others. A strict conception of justification limits justificatory defenses to actions that reflect all pertinent principles in the optimal manner. A more relaxed conception of justification applies to actions that do not reflect all pertinent principles optimally due to mistake but are not too far from this optimum. In the paper, I consider whether justificatory defenses should reflect (...) the strict conception of justification or a more relaxed conception of justification. This question is important since often the relevant actions are not strictly justified, while the alternative of an excuse is frequently irrelevant or does not provide an appropriate solution. Reflection on this question raises the following dilemma: On the one hand, the strict interpretation seems too harsh, especially with regard to legal liability. On the other hand, it is difficult to explain the basis for a more relaxed conception of justification. I conclude, first, that justification—and accordingly wrongfulness—is a matter of degree and that the strictly justified action is merely the peak of a continuum, and, second, that a practical reaction is in place only with regard to actions whose wrongness is above a minimal threshold. (shrink)

Any plausible position in the ethics of war and political violence in general will include the requirement of protection of civilians (non-combatants, common citizens) against lethal violence. This requirement is particularly prominent, and particularly strong, in just war theory. Some adherents of the theory see civilian immunity as absolute, not to be overridden in any circumstances whatsoever. Others allow that it may be overridden, but only in extremis. The latter position has been advanced by Michael Walzer under the heading of (...) “supreme emergency.” In this paper, I look into some of the issues of interpretation and application of Walzer’s “supreme emergency” view and some of the criticisms that have been levelled against it. I argue that Walzer’s view is vague and unacceptable as it stands, but that the alternatives proposed by critics such as Brian Orend, C.A.J. Coady, and Stephen Nathanson are also unattractive. I go on to construct a position that is structurally similar to Walzer’s, but more specific and much less permissive, which I term the “moral disaster” view. According to this view, deliberate killing of civilians is almost absolutely wrong. (shrink)