This paper defends “moral individualism” against various arguments that have been intended to show that membership in the human species or participation in our distinctively human form of life is a sufficient basis for a moral status higher than that of any animal. Among the arguments criticized are the “nature-of-the-kind argument,” which claims that it is the nature of all human beings to have certain higher psychological capacities, even if, contingently, some human beings lack them, and various versions of the (...) idea that there is a special form of life that all human beings share but of which no animal can be a full participant. The paper concludes that none of these arguments succeeds in demonstrating that there are moral reasons to permit animals to be treated less well than members of our own species whose psychological capacities and potential are no higher than those of the animals. (shrink)

Jeff McMahan has long shown himself to be a vigorous and incisive critic of speciesism, and in his essay “Our Fellow Creatures” he has been particularly critical of speciesist arguments that draw inspiration from Wittgenstein. In this essay I consider his arguments against speciesism generally and the species-norm account of deprivation in particular. I argue that McMahan's ethical framework is more nuanced and more open to the incorporation of speciesist intuitions regarding deprivation than he himself suggests. Specifically, (...) I argue that, given his willingness to include a comparative dimension in his “Intrinsic Potential Account” he ought to recognize species as a legitimate comparison class. I also argue that a sensible speciesism can be pluralist and flexible enough to accommodate many of McMahan's arguments in defense of “moral individualist” intuitions. In this way, I hope to make the case for at least a partial reconciliation between McMahan and the “Wittgensteinian speciesists”, e.g. Cora Diamond, Stephen Mulhall, and Raimond Gaita. (shrink)

McMahan’s own example of a symmetrical defense case, namely his tactical bomber example, opens the door wide open for soldiers to defend their fellow-citizens (on grounds of their special obligations towards them) even if as part of this defense they target non-liable soldiers. So the soldiers on both sides would be permitted to kill each other and, given how McMahan defines “justification,” they would also be justified in doing so and hence not be liable. Thus, we arrive, against (...) McMahan’s intentions, at a moral equality of combatants. In addition, his own account of liability cannot deal adequately with symmetrical defense cases in the first place. This undermines his presupposition that justification defeats liability, which is central to his defense of the moral inequality of combatants. I shall argue that McMahan’s attempts to counter these objections fail and that therefore his general claim of the moral inequality of combatants remains unpersuasive. (shrink)

In a recent paper, McMahan argues that his ‘Responsibility Account’, according to which ‘the criterion of liability to attack in war is moral responsibility for an objectively unjustified threat of harm’, can meet the challenge of explaining why most combatants on the unjustified side of a war are liable to attack while most civilians (even on the unjustified side) are not. It should be added, however, that in the light of his rejection of the ‘moral equality of combatants’, (...) class='Hi'>McMahan would also have to explain why combatants on the justified side of a war are not liable to attack. I will argue here that McMahan does not succeed in meeting these challenges. (shrink)

A famous Indian argument for jus ad bellum and jus in bello is presented in literary form in the Mahābhārata: it involves events and dynamics between moral conventionalists (who attempt to abide by ethical theories that give priority to the good) and moral parasites (who attempt to use moral convention as a weapon without any desire to conform to these expectations themselves). In this paper I follow the dialectic of this victimization of the conventionally moral by moral parasites to its (...) philosophical culmination in the fateful battle, which the Bhagavad Gītā precedes. Arjuna’s lament is an internalization of the logic of conventional moral expectations that allowed moral parasitism, and Krishna’s push for a purely procedural approach to moral reasoning (bhakti yoga) does away with the good as a primitive of explanation and provides the moral considerations that allow us to see that the jus ad bellum and jus in bello coincide: the just cause is the approximation to the procedural ideal (the Lord), which is also just conduct. Jeff McMahan is correct in claiming that it is wrong for the unjust to attack the just. But it is also not obviously correct that it is the same set of moral considerations in war and peace that mark out the sides, for peace is largely characterizable by conventional morality, which all are forced to abandon in war. Walzer is correct that there are different sets of standards at play at war and peace, and that getting hands dirty in immorality is a price worth paying in war, but Walzer is thereby incorrect for a subtle reason: conventional standards by way of which jus ad bellum and jus in bello appear corrupt are themselves actually corrupt when the need for a just war arises. It is because moral parasites use conventional morality as a means of hostility and not as a means of fair, inclusive social interaction that conventional morality is corrupted and turned into a tool of the unjust. It is hence unjust to employ these standards to judge those whose cause is just, though such a judgement is conventional. Those who fight for a just cause thereby justly get their hands dirty by departing from conventional moral standards. But this is to the disadvantage of parasites who can only function in a climate where the conventionally good are constrained by conventional morality. Just war so understood deprives parasites their weapon of choice. (shrink)

A few months after the publication of the French translation of his book Causing Death and Saving Lives, Jonathan Glover was kind enough to return to some of the theses defended in this book. In forty years, this work has become a classic of applied ethics in the English-speaking world. Glover tackled a series of questions involving the lives of men and women, including abortion, infanticide, suicide, euthanasia, the death penalty and war. We asked him here about the method he (...) considers the best in moral philosophy, and returned to his criticism of certain dominant ideas at the time. Jonathan Glover also discusses some of the positions of his former students Peter Singer and Jeff McMahan. (shrink)

Jeff McMahan has argued against the moral equivalence of combatants (MEC) by developing a liability-based account of killing in warfare. On this account, a combatant is morally liable to be killed only if doing so is an effective means of reducing or eliminating an unjust threat to which that combatant is contributing. Since combatants fighting for a just cause generally do not contribute to unjust threats, they are not morally liable to be killed; thus MEC is mistaken. The (...) problem, however, is that many unjust combatants contribute very little to the war in which they participate—often no more than the typical civilian. Thus either the typical civilian is morally liable to be killed, or many unjust combatants are not morally liable to be killed. That is, the liability based account seems to force us to choose between a version of pacifism, and total war. Seth Lazar has called this “The Responsibility Dilemma”. But I will argue that we can salvage a liability-based account of war—one which rejects MEC—by grounding the moral liability of unjust combatants not only in their individual contributions but also in their complicit participation in that war. On this view, all enlistees, regardless of the degree to which they contribute to an unjust war, are complicitously liable to be killed if it is necessary to avert an unjust threat posed by their side. This collectivized liability based account I develop avoids the Responsibility Dilemma unlike individualized liability-based accounts of the sort developed by McMahan. (shrink)

Those of us who are not pacifists face an obvious challenge. Common-sense morality contains a stringent constraint on intentional killing, yet war involves homicide on a grand scale. If wars are to be morally justified, it needs be shown how this conflict can be reconciled. A major fault line running throughout the contemporary just war literature divides two approaches to attempting this reconciliation. On a ‘reductivist’ view, defended most prominently by Jeff McMahan, the conflict is largely illusory, since (...) such killing can be justified by aggregating individuals’ ordinary permissions to use force in self- and other-defence. In opposition, a rival ‘nonreductivist’ approach holds that these considerations are insufficient for the task. One prominent version of non-reductivism grounds the permission to kill in combatants’ membership in certain kinds of group or association. The key claim is that participation in certain morally important relationships can provide an independent source of permission for killing in war. This paper argues that non-reductivism should be rejected. It does so by pushing a dilemma onto non-reductivists: if they are successful in showing that the relevant relationships can generate permissions to kill in war, they must also jettison the most intuitive restrictions on conduct in war—the constraint on intentionally killing morally innocent non-combatants most saliently. Since this conclusion is unacceptable, non-reductivism should be rejected. (shrink)

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)

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)

Nicholas Agar, Jeff McMahan and Allen Buchanan have all expressed concerns about enhancing humans far outside the species-typical range. They argue radically enhanced beings will be entitled to greater and more beneficial treatment through an enhanced moral status, or a stronger claim to basic rights. I challenge these claims by first arguing that emerging technologies will likely give the enhanced direct control over their mental states. The lack of control we currently exhibit over our mental lives greatly contributes (...) to our sense of vulnerability. I then argue moral status should be viewed in terms of vulnerability. The enhanced will slowly gain the ability to command their mental states, reducing their vulnerability. These radically enhanced beings will have greater capacities, and possibly an inner life more valuable than our own. They will also be less vulnerable, and as a result, their moral status will be subordinate to our own. (shrink)

Troubled times often gives rise to great art that reflects those troubles. So too with political theory. The greatest work of twentieth century political theory, John Rawls's A theory of justice, was inspired in various respects by extreme social and economic inequality, racialized slavery and racial segregation in the United States. Arguably the most influential work of political theory since Rawls—Michael Walzer's Just and unjust wars—a sustained and historically informed reflection on the morality of interstate armed conflict—was written in the (...) midst of the Vietnam War. It should be no surprise, then, that the bellicose period of the past 20 years should give rise to a robust new literature in political theory on the morality of armed conflict. It has been of uneven quality, and to some extent episodic, responding to particular challenges—the increased prevalence of asymmetric warfare and the permissibility of preventive or preemptive war—that have arisen as a result of specific events. In the past decade, however, a group of philosophers has begun to pose more fundamental questions about the reigning theory of the morality of armed conflict warfare—just war theory—as formulated by Walzer and others. Jeff McMahan's concise, inventive and tightly argued work Killing in war is without doubt the most important of these challenges to the reigning theory of the just war. This review article discusses McMahan's work, some of the critical attention it has received, and its potential implications for practice. (shrink)

Contra Michael Walzer and Jeff McMahan, neither classical just war theory nor the contemporary rules of war require or support any notion of combatant moral equality. Nations rightly accept prohibitions against punishing enemy combatants without recognizing any legal or moral right of aggressors to kill. The notion of combatant moral equality has real import only in our interpersonal -- and intrapersonal -- attitudes, since the notion effectively preempts any ground for conscientious objection. Walzer is criticized for over-emphasizing our (...) collective responses to war conduct and slighting our personal, extra-political responses. (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)

According to the psychological account of personal identity, our identity is based on the continuity of psychological connections, and so we do not begin to exist until these are possible, some months after conception. This entails the psychological account faces a challenge from the non-identity problem—our intuition that someone cannot be harmed by actions that are responsible for their existence, even if these actions seem clearly to cause them harm. It is usually discussed with regard to preconception harms, but in (...) the context of the psychological account, it is also applicable to prenatal harms. Inflicting prenatal injury is widely thought to be morally impermissible, but if the injury is identity-determining on the psychological account, then no-one seems to be harmed—rather, the injury is responsible for bringing them into existence. Here, I argue that identity-determining injuries can routinely occur on the psychological account, and that this undermines the account. I assess Nicola Williams’ proposal to salvage the account based on a trans-world account of personal identity, and show that it is unsuccessful. I then show that Jeff McMahan’s embodied mind account of personal identity is also susceptible. I conclude that identity-determining prenatal injuries pose a significant challenge for the psychological account and its variants, and provide a reason for supporting alternative accounts that fix personal identity at conception. (shrink)

According to the Doctrine of Doing and Allowing, the distinction between doing and allowing harm is morally significant. Doing harm is harder to justify than merely allowing harm. This paper is the first of a two paper critical overview of the literature on the Doctrine of Doing and Allowing. In this paper, I consider the analysis of the distinction between doing and allowing harm. I explore some of the most prominent attempts to analyse this distinction:. Philippa Foot’s sequence account, Warren (...) Quinn’s action/ inaction account, and counterfactual test accounts put forward by Shelly Kagan and Jonathan Bennett. I also discuss Jeff McMahan’s account of the removal of barriers to harm. I argue that analysis of the distinction has often been made more difficult by two mistaken assumption: (1) the assumption that when an agent does or allows harm his behaviour makes the difference to whether or not the harm occurs (2) the assumption that the distinction between doing and allowing and the distinction between action and inaction are interchangeable. I suggest that Foot’s account is the most promising account of the doing/allowing distinction, but that it requires further development. (shrink)

The doctrine of the moral equality of combatants holds that combatants on either side of a war have equal moral status, even if one side is fighting a just war while the other is not. This chapter examines arguments that have been offered for and against this doctrine, including the collectivist position famously articulated by Walzer and McMahan’s influential individualist critique. We also explore collectivist positions that have rejected the moral equality doctrine and arguments that some individualists have offered (...) in its favor. We defend a non-categorical version of the moral equality doctrine, according to which combatants on either side of a just war sometimes (but not always) have equal moral status. On our view, some degree of culpability is necessary for liability, and non-culpable combatants may therefore sometimes remain non-liable even when they fight for an unjust cause. (shrink)

According to standard comparativist views, death is bad insofar as it deprives someone of goods she would otherwise have had. In The Ethics of Killing, Jeff McMahan argues against such views and in favor of a gradualist account according to which how bad it is to die is a function of both the future goods of which the decedent is deprived and her cognitive development when she dies. Comparativists and gradualists therefore disagree about how bad it is to (...) die at different ages. In this paper I examine two prominent criticisms of gradualism and show that both misconstrue McMahan. I develop a related criticism that seems to show that a gradualist cannot coherently relate morbidity and mortality. This criticism also fails, but has an instructive implication for how policy-makers setting priorities for health care investments should regard choices between life-saving interventions and interventions against non-fatal diseases in the very young. (shrink)

In recent years, philosopher Jeff McMahan has solidified an influential view that moral desert is irrelevant to the ethics of self-defense. This work aims to criticize this view by demonstrating that there are cases in which moral desert has a niche position in determining whether it may be permissible to kill a person in self- (or other-)defense. This is done by criticizing McMahan’s Responsibility Account of liability as being overly punitive against minimally responsible threateners (MRTs), and by (...) demonstrating, through reference to Saba Bazargan’s Hybrid Account of liability to defensive harm, that further justification than mere liability is necessary in the justification of killing these kinds of threateners. It is also argued that other kinds of justifications like lesser-evil justifications are not necessarily strong enough to justify killing MRTs, even on top of established liability. This paper puts forward the view that, where a strong enough moral difference between threatener and innocent victim cannot be established, a justification on the basis of the implications of prior moral acts might, on some occasions, give us reasons to kill or not kill MRTs in self-defense. (shrink)

In this chapter, I add to the new body of philosophical literature that addresses African approaches to just war by reflecting on some topics that have yet to be considered and by advancing different perspectives. My approach is two-fold. First, I spell out a foundational African ethic, according to which one must treat people’s capacity to relate communally with respect. Second, I derive principles from it to govern the use of force and violence, and compare and contrast their implications for (...) war with other recent African views and especially with some prominent accounts in contemporary Anglo-American philosophy. I argue that the approaches to military conflict prescribed by the Afro-communal ethic and its derivative principles differ, and in some prima facie plausible ways, from the views of thinkers that include Thomas Hurka, David Luban, Larry May, Jeff McMahan, and Michael Walzer. In particular, I conclude that the African perspectives ground some interesting and under-explored approaches to just causes for war that merit consideration, including the ideas that military conflict could in principle be justified in order to protect a people’s culture or to correct an aggressor’s vice. (shrink)

Abstract: In earlier work, I argued that individuals have a right to own firearms for personal defense, and that as a result, gun prohibition would be unjustified unless it at least produced benefits many times greater than its costs. Here, I defend that argument against objections posed by Nicholas Dixon and Jeff McMahan to the effect that the right of citizens to be free from gun violence counterbalances the right of self-defense, and that gun prohibition does not violate (...) the right of self-defense because it renders everyone overall safer. (4258 words). (shrink)

This article explores the Nuffield Council on Bioethics’ recent report about non-invasive prenatal testing. Given that such testing is likely to become the norm, it is important to question whether there should be some ethical parameters regarding its use. The article engages with the viewpoints of Jeff McMahan, Julian Savulescu, Stephen Wilkinson and other commentators on prenatal ethics. The authors argue that there are a variety of moral considerations that legitimately play a significant role with regard to (prospective) (...) parental decision-making in the context of NIPT, for example, views on the morality of abortion and understandings of the impact of disability on quality of life. The variable nature of such considerations, both singularly and combined, suggests that any approach to NIPT should be sensitive to and understanding of similarly variable parental assessments and decisions. The implications of the approach developed for current and future policies in this area are explored, along with the impact of such arguments on ideas about procreative beneficence. (shrink)

This paper has two goals. The first is to argue that the field of bioethics in general and the literature on ideal vs. nonideal theory in particular has underemphasized a primary problem for normative theorizing: the role of conditioning principles. I define these as principles that implicitly or explicitly ground, limit, or otherwise determine the construction and function of other principles, and, as a result, profoundly impact concept formation, perception, judgment, and action, et al. The second is to demonstrate that (...) ableism is one such conditioning principle and that it undermines the field of bioethics and the practice of biomedicine from achieving the aim of justice as fairness. After briefly addressing the history and critiques of principlism in bioethics, I lay out and defend my account of conditioning principles. I then argue that ableism is one such principle and demonstrate it at work through an analysis of a storied debate between Eva Kittay, Peter Singer, and Jeff McMahan. In conclusion, I contend that the ethical and philosophical dangers of conditioning principles are too easily exacerbated by ideal theory frameworks, and I do so by demonstrating how they are especially liable to generate epistemic injustice, especially contributory and hermeneutical injustice. (shrink)

Steven Luper offers richly-textured arguments against the Embodied Part View developed by Jeff McMahan and offered as an answer to the “too many thinkers” problem. One of the major objections he raises is connected to McMahan's claim that the mind, and so the person, is to be identified with the part of the brain in which consciousness is directly realized. This view has the implausible consequence, Luper argues, that persons do not and cannot think or reason or (...) have desires or interests. While this is indeed a worrisome consequence, it is not clear that McMahan is committed to the understanding of what constitutes “the part of the brain in which consciousness is directly realized” that Luper attributes to him. Making reference to McMahan's Theory of Time-Relative Interests, I develop an alternate way of reading this phrase, one which avoids the difficulties Luper raises. I acknowledge that my understanding yields a view that, while formally consistent, is unattractive in a variety of ways. I suggest, however, that this should not be taken as a reason to favor animalism, since animalism has its own difficulties, which are not entirely unlike those faced by the Embodied Part View. (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)

Modern analytical just war theory starts with Michael Walzer's defense of key tenets of the laws of war in his Just and Unjust Wars. Walzer advocates noncombatant immunity, proportionality, and combatant equality: combatants in war must target only combatants; unintentional harms that they inflict on noncombatants must be proportionate to the military objective secured; and combatants who abide by these principles fight permissibly, regardless of their aims. In recent years, the revisionist school of just war theory, led by Jeff (...) McMahan, has radically undermined Walzer's defense of these principles. This essay situates Walzer's and the revisionists’ arguments, before illustrating the disturbing vision of the morality of war that results from revisionist premises. It concludes by showing how broadly Walzerian conclusions can be defended using more reliable foundations. (shrink)

In the distribution of resources, persons must be respected, or so many philosophers contend. Unfortunately, they often leave it unclear why a certain allocation would respect persons, while another would not. In this paper, we explore what it means to respect persons in the distribution of scarce, life-saving resources. We begin by presenting two kinds of cases. In different age cases, we have a drug that we must use either to save a young person who would live for many more (...) years or an old person who would only live for a few. In different numbers cases, we must save either one person or many persons from certain death. We argue that two familiar accounts of respect for persons―an equal worth account, suggested by Jeff McMahan, and a Kantian account, inspired by the Formula of Humanity―have implausible implications in such cases. We develop a new, “three-tiered” account: one that, we claim, generates results in such cases that accord better with many people’s considered judgments than those produced by its rivals. (shrink)

This paper addresses issues in comparing nonhuman animals and severely disabled human beings in terms of their morally relevant characteristics. Through a discussion of the works of Jeff McMahan, Eva Feder Kittay and Martha Nussbaum, the paper offers a defense of the importance and possibility of extending care and compassion to nonhumans without collapsing relevant species differences.

Rights-based approaches and consequentialist approaches to ethics are often seen as being diametrically opposed to one another. In one sense, they are. In another sense, however, they can be reconciled: a ‘global’ form of consequentialism might supply consequentialist foundations for a derivative morality that is non-consequentialist, and perhaps rights-based, in content. By way of case study to illustrate how this might work, I survey what a global consequentialist should think about a recent dispute between Jeff McMahan and Henry (...) Shue on the morality and laws of war. (shrink)

Donors to global health programs and policymakers within national health systems have to make difficult decisions about how to allocate scarce health care resources. Principled ways to make these decisions all make some use of summary measures of health, which provide a common measure of the value (or disvalue) of morbidity and mortality. They thereby allow comparisons between health interventions with different effects on the patterns of death and ill health within a population. The construction of a summary measure of (...) health requires that a number be assigned to the harm of death. But the harm of death is currently a matter of debate: different philosophical theories assign very different values to the harm of death at different ages. This chapter considers how we should assign numbers to the harm of deaths at different ages in the face of uncertainty and disagreement. (shrink)

Theories of self-defence tend to invest heavily in ‘liability justifications’: if the Attacker is liable to have defensive violence deployed against him by the Defender, then he will not be wronged by such violence, and selfdefence becomes, as a result, morally unproblematic. This paper contends that liability justifications are overrated. The deeper contribution to an explanation of why defensive permissions exist is made by the Defender’s non-liability. Drawing on both canonical cases of self-defence, featuring Culpable Attackers, and more penumbral cases (...) of self-defence, involving Non-Responsible Threats, a case is assembled for the ‘Non-Liability First Account’ of self-defence. (shrink)

Many people believe that the wrongness of killing a person does not depend on factors like her age, condition, or how much she has to lose by dying – a view Jeff McMahan calls the ‘Equal Wrongness Thesis’. This article argues that we should reject the Equal Wrongness Thesis on the basis of the moral equivalence between killing a person and knocking her unconscious.

I shall argue that in some wars both sides are (as a collective) justified, that is, they can both satisfy valid jus ad bellum requirements. Moreover, in some wars – but not in all – the individual soldiers on the unjustified side (that is, on the side without jus ad bellum) may nevertheless kill soldiers (and also civilians as a side-effect) on the justified side, even if the enemy soldiers always abide by jus in bello constraints. Traditional just war theory (...) and self-proclaimed “revisionist” just war theory think otherwise since the former focuses on the law enforcement or public authority justification for inflicting harm and the latter on the self-defense justification. These are both intrinsically asymmetrical justifications: there is no justified self-defense (properly understood) against justified self-defense, nor is there justified law-enforcement against justified law-enforcement. However, there can, as I will show, be justified self-defense against force that is justified by a necessity justification, and there can be force justified by a necessity justification being used against force that is also justified by a necessity justification. The necessity justification is not intrinsically asymmetrical, and it is an indispensable justification in the context of war. Moreover, with regard to some forms of inflicting harm on others one may give special weight to one’s own interests and the interests of those to whom one has special responsibilities when assessing the proportionality of those acts. That is, the proportionality calculation may be agent-relative. This is in particular so in the case of foreseeably preventing innocent and non-threatening people from being saved (for instance, by shooting down a tactical bomber who would have saved them by destroying an ammunitions factory) but less so in the case of the intentional or foreseeable direct harming of innocent and non-threatening people (dropping bombs on people standing near an ammunitions factory). In the light of these considerations, I will then answer the question as to when soldiers may justifiably participate in war (and when not). (shrink)

The “right intention” requirement, in the form of a requirement that the agent must have a justified true belief that the mind-independent conditions of the justification to use force are fulfilled, is not an additional criterion, but one that constrains the interpretation of the other criteria. Without it, the only possible interpretation of the mind-independent criteria is purely objectivist, that is, purely fact-relative. Pure objectivism condemns self-defense and just war theory to irrelevance since it cannot provide proper action guidance: it (...) is impractically demanding. This means that “revisionist” just war theories which base their doctrine of the moral inequality of combatants on the idea that objective justification defeats liability are irrelevant for the real world, where objective justification is virtually inaccessible. Moreover, only the right intention requirement in the form of a knowledge requirement, as opposed to requiring “good intentions” or “acceptable motivations,” can solve this problem. (shrink)

I argue that the criterion of just cause is not independent of proportionality and other valid jus ad bellum criteria. One cannot know whether there is a just cause without knowing whether the other (valid) criteria (apart from ‘right intention’) are satisfied. The advantage of this account is that it is applicable to all wars, even to wars where nobody will be killed or where the enemy has not committed a rights violation but can be justifiably warred against anyway. This (...) account also avoids the inefficiency of having proportionality considerations come up at two different points: in a separate criterion of just cause and in the criterion of proportionality proper. ‘Right intention’, the subjective element of the justification of a war, on the other hand, is not to be subsumed under the criterion of just cause: there can be a just cause without anybody knowing it. Conversely, however, the subjective element requires that those responsible for waging the war do know that the justifying objective conditions are fulfilled. This is in one sense more demanding than traditional just war theory; in another sense, however, it is less demanding: nobody needs to intend to fight for a ‘just aim’. (shrink)

What one is ultimately interested in with regard to ‘just cause’ is whether a specific war, actual or potential, is justified. I call this ‘the applied question’. Answering this question requires knowing the empirical facts on the ground. However, an answer to the applied question regarding a specific war requires a prior answer to some more general questions, both descriptive and normative. These questions are: What kind of thing is a ‘just cause’ for war (an aim, an injury or wrong (...) suffered, or something different altogether)? I call this ‘the formal question’. Then there is what I call the ‘the general substantive question’. Depending on the previous answer to the formal question, the general substantive question can be formulated as: ‘Which causes are just?’ or as ‘Under what conditions is there a just cause?’ A final question, which has recently elicited increased interest, is what I call ‘the question of timing’: does the ‘just cause’ criterion only apply to the initiation of a war or also to the continuation of a war, that is, can a war that had a just cause at the beginning lose it at some point in its course (and vice versa)? I argue that a just cause is a state of affairs. Moreover, the criterion of just cause is not independent of proportionality and other valid jus ad bellum criteria. One cannot know whether there is a just cause without knowing whether the other (valid) criteria (apart from ‘right intention’) are satisfied; and this account has certain theoretical and practical advantages. As regards the general substantive question, I argue that all kinds of aims can, in principle, be legitimately pursued by means of war, even aims that might sound dubious at first, like vengeance or the search for glory. Thus, the pursuit of such aims does not make the war disproportionate or deprive it of just cause. As regards the question of timing, I argue that the criteria of jus ad bellum apply throughout the war, not only at the point of its initiation. While starting a war at t1 might be justified, continuing it at time t2 might be unjustified (and vice versa), and this insight does not require an addition to jus ad bellum but is already contained in it. (shrink)

REVIEW (1): "Jeff Kochan’s book offers both an original reading of Martin Heidegger’s early writings on science and a powerful defense of the sociology of scientific knowledge (SSK) research program. Science as Social Existence weaves together a compelling argument for the thesis that SSK and Heidegger’s existential phenomenology should be thought of as mutually supporting research programs." (Julian Kiverstein, in Isis) ---- REVIEW (2): "I cannot in the space of this review do justice to the richness and range of (...) Kochan's discussion [...]. There is a great deal in this foundational portion of Kochan's discussion that I find tremendously interesting and engaging [...]." (David R. Cerbone, in Studies in History and Philosophy of Science) ---- REVIEW (3): "Science as Social Existence will be of interest not only to Heidegger scholars but to anyone engaged in science and technology studies. [...] This is an informative and original book. Kochan should be praised for his clear, pleasant-to-read prose." (Michael Butler, in CHOICE). (shrink)

This paper exposes a common mistake concerning the division of linguistic labor. I characterize the mistake as an overgeneralization from natural kind terms; this misleads philosophers about which terms are subject to the division of linguistic labor, what linguistic labor is, how linguistic labor is divided, and how the extensions of non-natural kind terms subject to the division of linguistic labor are determined. I illustrate these points by considering Sally Haslanger’s account of the division of linguistic labor for social kind (...) terms and raising an objection to it. Then, I draw on Tyler Burge’s work to characterize a conception of the division of linguistic labor that avoids the mistaken overgeneralization and grounds 1–4 above in social norms and practices. (shrink)

There is a large and growing literature on communal interpretive resources: the concepts, theories, narratives, and so on that a community draws on in interpreting its members and their world. Several recent contributions to this literature have concerned dominant and resistant interpretive resources and how they affect concrete lived interactions. In this article, I note that “using” interpretive resources—applying them to parts of the world in conversation with others—is “a rule‐governed activity”; and I propose that in oppressive systems, these rules (...) are influenced by the rules of oppression. Section I clarifies some rules governing the use of resources. Section II draws on work by Gaile Pohlhaus, Jr. and others to suggest that according to the present rules of our oppressive system, it is permissible for dominantly situated speakers to dismiss interpretive resources developed in marginalized communities. Section III appeals to Charles Mills's work on White ignorance to propose, further, that our system's rules make it impermissible and deserving of punishment to use resistant resources. The conclusion enumerates several further points about such rules governing the use of interpretive resources, their social effects, and some philosophical literatures. (shrink)

Author's response to: Raphael Sassower, 'Heidegger and the Sociologists: A Forced Marriage?,' Social Epistemology Review and Reply Collective 7, no. 5 (2018): 30-32. -- Part of a book-review symposium on: Jeff Kochan (2017), Science as Social Existence: Heidegger and the Sociology of Scientific Knowledge (Cambridge UK: Open Book Publishers).

I introduce the implantation argument, a new argument for the existence of God. Spatiotemporal extensions believed to exist outside of the mind, composing an external physical reality, cannot be composed of either atomlessness, or of Democritean atoms, and therefore the inner experience of an external reality containing spatiotemporal extensions believed to exist outside of the mind does not represent the external reality, the mind is a mere cinematic-like mindscreen, implanted into the mind by a creator-God. It will be shown that (...) only a creator-God can be the implanting creator of the mindscreen simulation, and other simulation theories, such as Bostrom’s famous account, that do not involve a creator-God as the mindscreen simulation creator, involve a reification fallacy. (shrink)

In this paper, we present three necessary conditions for morally responsible animal research that we believe people on both sides of this debate can accept. Specifically, we argue that, even if human beings have higher moral status than nonhuman animals, animal research is morally permissible only if it satisfies (a) an expectation of sufficient net benefit, (b) a worthwhile-life condition, and (c) a no unnecessary-harm/qualified-basic-needs condition. We then claim that, whether or not these necessary conditions are jointly sufficient conditions of (...) justified animal research, they are relatively demanding with the consequence that many animal experiments may fail to satisfy them. (shrink)

This paper argues that many philosophical theories of meaning idealize our actual language communities and thereby contribute to perpetuating group-based oppression. I focus on externalist theories of language that posit a division of linguistic labor (DoLL), and I argue that the DoLLs they imagine are free of oppression and untouched by its effects. This distorts both basic theoretical assumptions and our ideas about which meanings are to be found in some language community. By thus obscuring oppression and its effects, we (...) prevent ourselves from adequately addressing oppression's effects on the meanings we use to understand and communicate about the world. (shrink)

Final instalment of a book-review symposium on: Jeff Kochan (2017), Science as Social Existence: Heidegger and the Sociology of Scientific Knowledge (Cambridge UK: Open Book Publishers). -- Author's response to: Paolo Palladino (2018), 'Heidegger Today: On Jeff Kochan’s Science and Social Existence,' Social Epistemology Review and Reply Collective 7(8): 41-46; and Adam Riggio (2018), 'The Very Being of a Conceptual Scheme: Disciplinary and Conceptual Critiques,' Social Epistemology Review and Reply Collective 7(11): 53-59.

This paper develops an account of misandrogyny that is modeled on Kate Manne’s account of misogyny. On Manne’s view, misogyny is a system of mechanisms that together police and enforce the gendered hierarchy of a patriarchal order. On the account developed here, misandrogyny is a system of mechanisms that together police and enforce the gender binary of a patriarchal order. The gender binary is constituted by norms that preclude the existence of persons who aren’t consistently ‘read’ either as a man (...) (and only a man) or as a woman (and only a woman). Misandrogyny thus polices and enforces the nonexistence of people who are neither women (only) nor men (only). After some clarifying preliminaries, section 1 describes mechanisms of misandrogyny that push individuals into specific binary gender positions; section 2 describes structures and institutions that compel gender non-conforming people to assimilate to the gender binary; section 3 describes mechanisms that target gender non-conforming persons for fatal violence. (shrink)

Bruno Latour claims to have shown that a Kantian model of knowledge, which he describes as seeking to unite a disembodied transcendental subject with an inaccessible thing-in-itself, is dramatically falsified by empirical studies of science in action. Instead, Latour puts central emphasis on scientific practice, and replaces this Kantian model with a model of “circulating reference.” Unfortunately, Latour's alternative schematic leaves out the scientific subject. I repair this oversight through a simple mechanical procedure. By putting a slight spin on Latour's (...) diagrammatic representation of his theory, I discover a new space for a post-Kantian scientific subject, a subject brilliantly described by Ludwik Fleck. The neglected subjectivities and ceaseless practices of science are thus re-united. (shrink)

Author's response to: Pablo Schyfter, 'Inaccurate Ambitions and Missing Methodologies: Thoughts on Jeff Kochan and the Sociology of Scientific Knowledge,' Social Epistemology Review and Reply Collective 7, no. 8 (2018): 8-14. -- Part of a book-review symposium on: Jeff Kochan (2017), Science as Social Existence: Heidegger and the Sociology of Scientific Knowledge (Cambridge UK: Open Book Publishers).

This paper briefly highlights a small part of the work being done by Indigenous groups in Canada to integrate science into their ways of knowing and living with nature. Special attention is given to a recent attempt by Mi'kmaw educators in Unama'ki (Cape Breton, Nova Scotia) to overcome suspicion of science among their youth by establishing an 'Integrative Science' (Toqwa'tu'kl Kjijitaqnn, or 'bringing our knowledges together') degree programme at Cape Breton University. The goal was to combine Indigenous and scientific knowledges (...) in a way that protects and empowers Mi'kmaw rights and lifeways. (shrink)

This paper explores the central question of why soldiers in democratic societies might decide to fight in wars that they may have reason to believe are objectively or questionably unjust. First, I provide a framework for understanding the dilemma caused by an unjust war and a soldier's competing moral obligations; namely, the obligations to self and state. Next, I address a few traditional key thoughts concerning soldiers and jus ad bellum. This is followed by an exploration of the unique and (...) contradicting moral problems that confront modern soldiers and their officers. I argue that although traditional positions such as invincible ignorance provide a rather dangerous ‘head-in-the-sand’ mentality, soldiers serving a democratic government are nonetheless very limited in their legal and moral ability to interpret what is a justifiable war. However, a very few select senior officers are in positions to make such legal and moral decisions concerning jus ad bellum. (shrink)

Joseph Rouse has drawn from Heidegger’s early philosophy to develop what he calls a “practical hermeneutics of science.” With this, he has not only become an important player in the recent trend towards practice-based conceptualisations of science, he has also emerged as the predominant expositor of Heidegger’s philosophy of science. Yet, there are serious shortcomings in both Rouse’s theory of science and his interpretation of Heidegger. In the first instance, Rouse’s practical hermeneutics appears confused on the topic of realism. In (...) the second instance, Rouse suppresses Heidegger’s distinction between existence and essence, and hence fails to grasp the latter’s corollary distinction between scientic research and everyday practice. I argue that, by accepting a correction in his interpretation of Heidegger, Rouse would find the means to resolve the debilitating tensions in his stance towards realism. (shrink)