Minimal responsibility threateners are epistemically justified but mistaken in thinking that imposing a nonnegligible risk on others is permissible. On standard accounts, an MRT forfeits her right not to be defensively killed. I propose an alternative account: an MRT is liable only to the degree of harm equivalent to what she risks causing multiplied by her degree of responsibility. Harm imposed on the MRT above that amount is justified as a lesser evil, relative to allowing the MRT to kill her (...) victim. This hybrid account, which generalizes to those are who are more than minimally responsible, has considerable advantages. (shrink)

Victor Tadros thinks the idea that in a conflict both sides may permissibly use force should (typically) be rejected. Thus, he thinks that two shipwrecked persons should not fight for the only available flotsam (which can only carry one person) but instead toss a coin, and that a bomber justifiably attacking an ammunitions factory must not be counterattacked by the innocent bystanders he endangers. I shall argue that Tadros’s claim rests on unwarranted assumptions and is also mistaken in the light (...) of the moral reasoning that he himself offers in support of his ‘means principle’. (shrink)

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)

Introduction -- Cosmopolitanism -- Collective self-defense -- Subsistence wars -- Humanitarian intervention -- Commodified wars -- Asymmetrical wars -- Conclusion.

According to the dominant position in the just war tradition from Augustine to Anscombe and beyond, there is no "moral equality of combatants." That is, on the traditional view the combatants participating in a justified war may kill their enemy combatants participating in an unjustified war - but not vice versa (barring certain qualifications). I shall argue here, however, that in the large number of wars (and in practically all modern wars) where the combatants on the justified side violate the (...) rights of innocent people ("collateral damage"), these combatants are in fact liable to attack by the combatants on the unjustified side. I will support this view with a rights-based account of liability to attack and then defend it against a number of objections raised in particular by Jeff McMahan. The result is that the thesis of the moral equality of combatants holds good for a large range of armed conflicts while the opposing thesis is of very limited practical relevance. (shrink)

This is a major work in moral philosophy, the long-awaited follow-up to Parfit's 1984 classic Reasons and Persons, a landmark of twentieth-century philosophy. Parfit now presents a powerful new treatment of reasons and a critical examination of the most prominent systematic moral theories, leading to his own ground-breaking conclusion.

This article explores the personal responsibility of soldiers for fighting in unjust wars. Its reference point is the position developed by Jeff McMahan in his recent Killing in War. I claim that McMahan fails to give sufficient importance to institutional justifications on this matter. I argue for this by developing what I call the argument to democratic duty, which I claim embodies much current thinking about the obligations of soldiers in a democratic culture. The upshot of my argument is that (...) soldiers are placed in a contradictory position, between personal and institutional obligations. This is one sense in which soldiers can be victimized by the institution of war itself. (shrink)

Do innocent civilians who will be killed in a justified attack on a nearby military target have a right to defend themselves by shooting down the bomber pilot? I argue that they do not, and that Jeff McMahan's view that they do have such a right—that there is a moral equivalence between pilot and civilian—is flawed in much the same way that Michael Walzer's moral equivalence of combatants—a position that McMahan has so persuasively refuted—is flawed.

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)

There may be circumstances in which it is morally justifiable intentionally to kill a person who is morally innocent, threatens no one, rationally wishes not to die, and does not consent to be killed. Although the killing would wrong the victim, it might be justified by the necessity of averting some disaster that would otherwise occur. In other instances of permissible killing, however, the justification appeals to more than consequences. It may appeal to the claim that the person to be (...) killed has acted in such a way that to kill him would neither wrong him nor violate his rights, even if he has not consented to be killed or to be subjected to the risk of being killed. In these cases, I will say that the person is liable to be killed. Although I borrow the notion of liability from legal theory, and although much of what I say will be informed by the literature on liability in both tort law and criminal law, my concern in this article is with moral rather than legal liability. (shrink)

It was to correct common misconceptions about his thought that Jean-Paul Sartre, the most dominent European intellectual of the post-World War II decades, accepted an invitation to speak on October 29, 1945, at the Club Maintenant in Paris. The unstated objective of his lecture (“Existentialism Is a Humanism”) was to expound his philosophy as a form of “existentialism,” a term much bandied about at the time. Sartre asserted that existentialism was essentially a doctrine for philosophers, though, ironically, he was about (...) to make it accessible to a general audience. The published text of his lecture quickly became one of the bibles of existentialism and made Sartre an international celebrity. The idea of freedom occupies the center of Sartre’s doctrine. Man, born into an empty, godless universe, is nothing to begin with. He creates his essence—his self, his being—through the choices he freely makes (“existence precedes essence”). Were it not for the contingency of his death, he would never end. Choosing to be this or that is to affirm the value of what we choose. In choosing, therefore, we commit not only ourselves but all of mankind. This book presents a new English translation of Sartre’s 1945 lecture and his analysis of Camus’s _The Stranger_, along with a discussion of these works by acclaimed Sartre biographer Annie Cohen-Solal. This edition is a translation of the 1996 French edition, which includes Arlette Elkaïm-Sartre’s introduction and a Q&A with Sartre about his lecture. (shrink)

McMahan argues that justification defeats liability to defensive attack (which would undermine the thesis of the "moral equality of combatants"). In response, I argue, first, that McMahan’s attempt to burden the contrary claim with counter-intuitive implications fails; second, that McMahan’s own position implies that the innocent civilians do not have a right of self-defense against justified attackers, which neither coheres with his description of the case (the justified bombers infringe the rights of the civilians) nor with his views about rights (...) forfeiture, is unsupported by independent argument, and, in any case, extremely implausible and counter-intuitive; and third, that his interpretation of the insulin case confuses the normative relations between an agent’s justification and non-liability on the one hand and permissible or impermissible interference with the agent’s act on the other. Similar confusions, fourth, affect his discussion of liability to compensation. (shrink)

The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the precise relationship between causation and responsibility remains unclear. This book clarifies that relationship through an analysis of the best accounts of causation in metaphysics, and a critique of the confusion in legal doctrine.

This book offers a critical examination of those theories and advances a new argument for punishment's justification, calling it the 'duty view'.

Recent work in the ethics of war has done much to challenge the collectivism of the convention-based, Walzerian just war theory. In doing so, it raises the question of when it is permissible for soldiers to resort to force. This article considers this issue and, in doing so, argues that the rejection of collectivism in just war should go further still. More specifically, it defends the ‘Individual-Centric Approach’ to the deep morality of war, which asserts that the justifiability of an (...) individual’s contribution to the war, rather than the justifiability of the war more generally, determines the moral acceptability of their participation. It then goes on to present five implications of the Individual-Centric Approach, including for individual liability to attack in war. (shrink)

There is a debate in normative ethics about whether or not our moral obligations depend solely on either our evidence concerning, or our beliefs about, the world. Subjectivists maintain that they do and objectivists maintain that they do not. I shall offer some arguments in support of objectivism and respond to the strongest argument for subjectivism. I shall also briefly consider the significance of my discussion to the debate over whether one’s future voluntary actions are relevant to one’s current moral (...) obligations. (shrink)

Jeff McMahan urges us to reject the view, dominant throughout history, that mere participation in an unjust war is not wrong.

In the course of commenting on the third chapter of Frances Kamm’s Ethics for Enemies, this article proposes an analysis of the notion of a just cause for war, according to which there is a just cause only when those whom it is necessary to attack as a means of achieving some aim are potentially morally liable to be attacked. The remainder of the article then discusses issues of proportionality, particularly in relation to several distinct forms of moral justification for (...) harming or killing people. Among the central questions addressed is what the conditions are in which good effects of a war that are independent of the achievement of the just cause may count in determining whether the war would be proportionate. (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)

In present-day political and moral philosophy the idea that all persons are in some way moral equals is an almost universal premise, with its defenders often claiming that philosophical positions that reject the principle of equal respect and concern do not deserve to be taken seriously. This has led to relatively few attempts to clarify, or indeed justify, 'basic equality' and the principle of equal respect and concern. Such clarification and justification, however, would be direly needed. After all, the ideas, (...) for instance, that Adolf Hitler and Nelson Mandela have equal moral worth, or that a rape victim owes equal respect and concern to both her rapist and to her own caring brother, seem to be utterly implausible. Thus, if someone insists on the truth of such ideas, he or she owes his or her audience an explanation. The authors in this volume - which breaks new ground by engaging egalitarians and anti-egalitarians in a genuine dialogue - attempt to shed light into the dark. They try to clarify the concepts of "basic equality", "equal moral worth","equal respect and concern", "dignity," etc; and they try to justify-or to refute-the resulting clarified doctrines. The volume thus demonstrates that the claim that all persons have equal moral worth, are owed equal concern and respect, or have the same rights is anything but obvious. This finding has not only significant philosophical but also political implications. (shrink)

We all agree on the justification of defending ourselves or others in some situations, but we do not often agree on why. Two main views compete: subjectivism and objectivism. The discussion has mainly been held in normative terms. But every theory must pass a previous test: logical consistency. It has recently been held that, at least in the case of defending others from aggression, objective theories lead, in some situations, to normative contradiction. My aim is to challenge the idea that (...) only objective theories have this uncomfortable feature. In fact, any plausible theory justifying the defense of others, whether subjectively or objectively, can lead to situations of normative inconsistency. Therefore, the logical test is not the most fitting one for choosing between different theories of private defense. (shrink)

The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the precise relationship between causation and responsibility remains unclear. This book clarifies that relationship through an analysis of the best accounts of causation in metaphysics, and a critique of the confusion in legal doctrine. The result is a powerful argument in favour of reforming the moral and legal understanding of how and why we attribute responsibility to agents.

I offer a response to Rodin’s, Statman’s, Stilz’s, and Tadros’ papers on my book Cosmopolitan War.

Just war theory is dominated by two positions. According to the traditional view, combatants both on the just and the unjust side have an equal right to fight, which is not affected by the justice of the cause pursued by their state. According to a recent revisionist account, only combatants fighting for a just cause have such right. David Estlund has offered a sophisticated account that aims to reconcile these two views by looking at our duty to obey the order (...) of democratic political institutions. The article criticizes Estlund’s account and points at an important to be learned from it. (shrink)