Suppose two people are about to drown. We are in a position to save only one, so the other will have to die. One of the two has just culpably killed an innocent person, but has no intention of killing anybody else and there is no reason to expect that he will. Everything else being equal, should we give them an equal chance of being saved by flipping a coin? In this paper I argue that we should not. I argue (...) that the implications of a person's moral culpability for (recent or prospective) harm to a particular victim should transfer to other conflict situations in which the wrongdoer might find him or herself. This requires establishing the extent to which a person's contributing to harming another person — and his moral culpability for that harm — impinges on our decision making in situations where it is possible only to assist either the wrongdoer or some other person that is not his victim. (shrink)

Two articles have appeared in Law and Philosophy that provide detailed criticisms of aspects of my account of the justification of individual self-defense. One of these articles misconstrues central aspects of my account. The other raises a less central, but nonetheless an important issue that invites clarification. The criticisms raised in these two articles to which I respond here have important bearing on the nature of the justification of self-defense.

The paper discusses a neglected condition for justified self-defense, namely, 'The Success Condition [SC].' According to SC, otherwise immoral acts can be justified under the right to self-defense only if they actually achieve the intended defense from the perceived threat. If they don't, they are almost always excused, but not morally justified. I show that SC leads to a troubling puzzle because victims who estimate they cannot prevent the attack against them would be morally required to surrender. I try to (...) solve the puzzle by relying on what I call 'The Honor Solution.' Even if defensive acts fail to protect the victim's body, property, or life, they are successful in protecting her honor, thus they do ultimately meet the success condition. (shrink)

There are two main views about the nature of personal identity. I shall briehy describe these views, say without argument which I believe to be true, and then discuss the implications of this view for one of the main conceptions of rationality. This conception I shall call "C1assical Prudence." I shall argue that, on what I believe to be the true view about personal identity, Classical Prudence is indefensible.

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)

I presented an earlier version of this paper to the Law and Philosophy Discussion Group in Los Angeles, whose members I would like to thank for their comments. In addition, I would also like to thank the following people for reading and providing written or verbal commentary on earlier drafts: Robert Mams, Rogers Albritton, G. A. Cohen, David Copp, Matthew Hanser, Craig Ihara, Brian Lee, Marc Lange, Derk Pereboom, Carol Voeller, and the Editors of Philosophy & Public Affairs. I owe (...) special thanks to Timothy Hall and Seana Shiffnn for their insightful and helpful comments. (shrink)

The traditional theory of the just war comprises two sets of principles, one governing the resort to war ( jus ad bellum) and the other governing the conduct of war ( jus in bello). The two sets of principles are regarded, in Michael Walzer’s words, as “logically independent. It is perfectly possible for a just war to be fought unjustly and for an unjust war to be fought in strict accordance with the rules.”1 Let us say that those who fight (...) in a just war are “just combatants,” while those who fight in a war that is unjust because it lacks a just cause are “unjust combatants.” (A just cause is an aim that can contribute to the justification for war and that may permissibly be pursued by means of war.)2 The most important implication of the idea that jus in bello is independent of jus ad bellum is that.. (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)

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)

Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at http://www.jstor.org/about/terms.html. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use.

The paper discusses a neglected condition for justified self-defense, namely, 'The Success Condition [SC].' According to SC, otherwise immoral acts can be justified under the right to self-defense only if they actually achieve the intended defense from the perceived threat. If they don't, they are almost always excused, but not morally justified. I show that SC leads to a troubling puzzle because victims who estimate they cannot prevent the attack against them would be morally required to surrender. I try to (...) solve the puzzle by relying on what I call 'The Honor Solution.' Even if defensive acts fail to protect the victim's body, property, or life, they are successful in protecting her honor, thus they do ultimately meet the success condition. (shrink)

But what if in order to save 0nc’s life one has to ki]1 another person? In some cases that is obviously permissible. In a case I will call Villainous Aggrcssor, you are standing in :1 meadow, innocently minding your own business, and 21 truck suddenly heads toward you. You try to sidestep the truck, but it tums as you tum. Now you can sec the driver: he is a mam you know has long hated you. What to do? You cannot (...) outrun thc truck. Fortunately, this is not pure nightmare: you just happen to have em antitank gun with you, and can blow up the truck. Of course, if you do this you will kill thc driver, but that does not matter; it is morally permissible for you to blow up thc truck, driver and 211, in defense of your life. (shrink)