In the tradition of just war theory two assumptions have been taken pretty much for granted: first, that there are quite a lot of justified wars, and second, that there is a moral inequality of combatants, that is, that combatants participating in a justified war may kill their enemy combatants participating in an unjustified war but not vice versa. I will argue that the first assumption is wrong and that therefore the second assumption is virtually irrelevant for reality. I will (...) also argue, primarily against Jeff McMahan, that his particular thesis about the moral inequality of “just” and “unjust combatants” is an analytical truth which, however, does hardly apply to anything (there are few if any “unjust combatants” as he defines them). If one takes his thesis less literally, namely in the sense of a thesis about combatants participating in a justified war and combatants participating in an unjustified war, it is correct in principle, but still of little practical relevance even if one disregarded the fact that there are virtually no justified wars. One of the reasons for this is that, contrary to McMahan’s claims, justification does not defeat liability. (shrink)

In this article, I develop a general explanatory model of the liability and lesser evil justifications of harm. Despite their respective provenance in consequentialist and deontological ethics, both justifications are, at root, rich forms of the proportionality relationship between a shared set of underlying normative variables. The nature of the proportionality relationship, and the conditions under which it operates, differ between the two forms of justification. The article explores these differences in detail and the implications they have for the justification (...) of self-defense and war. (shrink)

Proportionality is widely accepted as a necessary condition of justified self-defense. What gives rise to this particular condition and what role it plays in the justification of self-defense seldom receive focused critical attention. In this paper I address the standard of proportionality applicable to personal self-defense and the role that proportionality plays in justifying the use of harmful force in self-defense. I argue against an equivalent harm view of proportionality in self-defense, and in favor of a standard of proportionality in (...) self-defense that requires comparable seriousness and takes into account the wrong, as opposed simply to the harm that the victim is fending off. I distinguish the standard of proportionality in self-defense from proportionality in circumstances of necessity, and I discuss whether proportionality is an internal or an external constraint on the right of self-defense. (shrink)

The article is a brief response to Jacob Blair’s critique of David Rodin’s argument in War and Self-Defense that there are circumstances in which war conceivably could be justified not as self-defence, but as law enforcement or punishment. It argues that while Rodin’s position potentially is less dilemmatic than Blair suggests, Blair nevertheless usefully highlights tensions within it. Blair’s own argument in favour of ar as law-enforcement is suggestive, but in no way conclusive.

When is it right to go to war? The most persuasive answer to this question has always been 'in self-defense'. In a penetrating new analysis, bringing together moral philosophy, political science, and law, David Rodin shows what's wrong with this answer. He proposes a comprehensive new theory of the right of self-defense which resolves many of the perplexing questions that have dogged both jurists and moral philosophers. By applying the theory of self-defense to international relations, Rodin produces a far-reaching critique (...) of the canonical Just War theory. The simple analogy between self-defense and national defense - between the individual and the state - needs to be fundamentally rethought, and with it many of the basic elements of international law and the ethics of international relations. (shrink)

War, Richard Norman reminds us, is treated as the great exception to the strong moral prohibition against the killing of other humans. Despite the widespread belief that war is, in many cases, permissible, its morally exceptional character suggests that there is a strong presumption against its permissibility. Norman argues that this presumption cannot be successfully rebutted and, in particular, that just-war theory, which attempts to provide such a rebuttal, fails in this endeavor. But Norman’s work is more than a critique (...) of just-war theory. He also takes up the more general task of demonstrating the basis of the moral presumption against war, that is, the basis and the nature of the prohibition against killing. This is a necessary preliminary, for only when we understand the prohibition can we adequately address the question whether the presumption against war that it establishes can be sustained. Norman provides interesting and subtle arguments concerning both the prohibition against killing and the just-war rebuttal to the presumption against war, but in the end it is not clear that his position can be coherently distinguished from the just-war position he criticizes. (shrink)

When is it right to go to war? The most persuasive answer to this question has always been 'in self-defense'. In a penetrating new analysis, bringing together moral philosophy, political science, and law, David Rodin shows what's wrong with this answer. He proposes a comprehensive new theory of the right of self-defense which resolves many of the perplexing questions that have dogged both jurists and moral philosophers. By applying the theory of self-defense to international relations, Rodin produces a far-reaching critique (...) of the canonical Just War theory. The simple analogy between self-defense and national defense - between the individual and the state - needs to be fundamentally rethought, and with it many of the basic elements of international law and the ethics of international relations. (shrink)

In this paper I ponder the moral status of conditional threats, in particular the extent to which a threatened party would be permitted to use (lethal) defensive force. I first investigate a mugger case before turning briefly to the more complicated issue of national defence in the face of an invading army. One should not exaggerate the level of protection people under threat owe their conditioned killers simply because what is extorted is of little value. After all, either the conditional (...) threat is willing to kill for something she has no claim on at all, or, if she has a just claim on it - or good reason to believe that she has - she is willing to kill to (re)acquire something of not much worth. In both cases the moral culpability of the conditional threat could be seen as reducing her claim on protection from harm. (shrink)

In this book Uwe Steinhoff describes and explains the basic tenets of just war theory and gives a precise, succinct and highly critical account of its present status and of the most important and controversial current debates surrounding it. Rejecting certain in effect medieval assumptions of traditional just war theory and advancing a liberal outlook, Steinhoff argues that every single individual is a legitimate authority and has under certain circumstances the right to declare war on others or the state. He (...) also argues that the just cause cannot be established independently of the other criteria of jus ad bellum (the justification of entering a war), except for right intention, which he interprets more leniently than the tradition does. Turning to jus in bello (which governs the conduct of a war) he criticizes the Doctrine of Double Effect and concludes that insofar as wars kill innocents, and be it as "collateral damage", they cannot be just but at best justified as the lesser evil. Steinhoff gives particular attention to the question why soldiers, allegedly, are legitimate targets and civilians not. Discussing four approaches to the explanation of the difference he argues that the four principles underlying them all need to be taken into account and outlines how their weighing can proceed if applied to concrete cases. The resulting approach does not square the distinction between legitimate and illegitimate targets with the distinction between soldiers and civilians, which has extremely important consequences for the conduct of war. Finally, Steinhoff analyses the concept of terrorism and argues that some forms of "terrorism" are actually not terrorism at all and that even terrorism proper can under certain circumstances be justified. (shrink)

Can war ever be justified? Why is it wrong to kill? In this new book Richard Norman looks at these and other related questions, and thereby examines the possibility and nature of rational moral argument. Practical examples, such as the Gulf War and the Falklands War, are used to show that, whilst moral philosophy can offer no easy answers, it is a worthwhile enterprise which sheds light on many pressing contemporary problems. A combination of lucid exposition and original argument makes (...) this the ideal introduction to both the particular debate about the ethics of killing and war, and also to the fundamental issues of moral philosophy itself. (shrink)

Many just war theorists (call them traditionalists) claim that just as people have a right to personal self-defense, so nations have a right to national-defense against an aggressive military invasion. David Rodin claims that the traditionalist is unable to justify most defensive wars against aggression. For most aggressive states only commit conditional aggression in that they threaten to kill or maim the citizens of the nation they are invading only if those citizens resist the occupation. Most wars, then, claimed to (...) be justified by the traditionalist fail to meet the proportionality criterion. Thus, a just war, for Rodin, is best conceived of as a punitive war of law enforcement, not as a war of national-defense. I argue that Rodin does not have a case against the traditionalist. If national-defense is a disproportionate response to conditional aggression, then punitive war is a disproportionate response as well. Furthermore, the belief that punitive war is a proportionate response to conditional aggression underscores the traditionalist’s view that self-determination, cultural identity and the like are of sufficient value to defend by means of lethal force. I end the paper by very briefly sketching an account, different from that of Rodin’s, of how individual nations can be justified in waging wars of law enforcement. (shrink)

ABSTRACT The paper begins with the suggestion that the aura of respectability that surrounds the notion of self‐defence may render that notion suitable as a rallying point for agreement on the ethical legitimacy of warfare. I first argue that self‐defensive killing by a person X is morally justified if three conditions obtain: (1) X is together with at least one other person in a situation in which one of the persons will be killed through actions of the other person(s); (2) (...) X is not responsible for bringing about that situation; (3) unless X kills another person, X him‐ or herself will be killed. Next, I show that on the basis of this principle military operations are morally justified only if there are no alternatives to executing them that would save more lives or prevent the total loss of freedom for people. The paper concludes with the observation that the morality of individual self‐defensive killing is unable to justify most of current national defence policies. (shrink)

McMahan’s book develops each of these themes: rejection of the moral equality of soldiers, introduction and defense of his criterion of liability to lethal attack, and resistance to its unsavory implications for noncombatant immunity. The contributions to this symposium focus on the first two themes. John Gardner and Franc¸ois Tanguay-Renaud make a plea for culpability, testing McMahan’s endorsement of a thinner standard of responsibility for liability, while David Rodin’s paper explores the implications of McMahan’s novel analysis of proportionality in self (...) defense, asking whether the proportionality metaphor can be extended even further than McMahan considers. Cheyney Ryan and Yitzhak Benbaji each argue that the intuitions underlying the moral equality of soldiers have firmer foundations than McMahan allows—Ryan aiming to develop the democratic justification for military obedience; Benbaji seeking to defend a more holistic contractarian justification of the conventional principles governing conduct in war. McMahan then offers a detailed response to his critics. (shrink)