In this paper, I argue that an account of security as a basic human right must incorporate moral security. Broadly speaking, a person possesses subjective moral security when she believes that her basic interests and welfare will be accorded moral recognition by others in her community and by social, political, and legal institutions in her society. She possesses objective moral security if, as a matter of fact, her interests and welfare are regarded by her society as morally important—for example, when (...) violent crimes against her being taken to warrant the same punishment and condemnation as equivalent crimes against others. Moral security, thus characterized, is an essential part of what it is to be secure as a human person, and any right to security must include it. In the first part of the paper I critique alternative narrower accounts of the right to security, before defending my account of moral security in Section 2. Section 3 explores how acts of racialized and gendered violence are attacks on the moral security of the victims and of all members of the groups to which the victims belong. Broader structural and institutional forms of racial and sexual discrimination further compound the impact of such acts on moral security. Understanding how racial and sexual discrimination and violence are attacks on moral security offers a new way of thinking about the scope and urgency of a state’s duty to combat racial and sexual discrimination, an issue I explore in the final section of the paper. -/- . (shrink)

Multi-user online environments involve millions of participants world-wide. In these online communities participants can use their online personas – avatars – to chat, fight, make friends, have sex, kill monsters and even get married. Unfortunately participants can also use their avatars to stalk, kill, sexually assault, steal from and torture each other. Despite attempts to minimise the likelihood of interpersonal virtual harm, programmers cannot remove all possibility of online deviant behaviour. Participants are often greatly distressed when their avatars are harmed (...) by other participants’ malicious actions, yet there is a tendency in the literature on this topic to dismiss such distress as evidence of too great an involvement in and identification with the online character. In this paper I argue that this dismissal of virtual harm is based on a set of false assumptions about the nature of avatar attachment and its relation to genuine moral harm. I argue that we cannot dismiss avatar attachment as morally insignificant without being forced to also dismiss other, more acceptable, forms of attachment such as attachment to possessions, people and cultural objects and communities. Arguments against according moral significance to virtual harm fail because they do not reflect participants’ and programmers’ experiences and expectations of virtual communities and they have the unintended consequence of failing to grant significance to attachments that we take for granted, morally speaking. Avatar attachment is expressive of identity and self-conception and should therefore be accorded the moral significance we give to real-life attachments that play a similar role. (shrink)

New scientific advances have created previously unheard of possibilities for enhancing combatants' performance. Future war fighters may be smarter, stronger, and braver than ever before. If these technologies are safe, is there any reason to reject their use? In this article, I argue that the use of enhancements is constrained by the importance of maintaining the moral responsibility of military personnel. This is crucial for two reasons: the military's ethical commitments require military personnel to be morally responsible agents, and moral (...) responsibility is necessary for integrity and the moral emotions of guilt and remorse, both of which are important for moral growth and psychological well-being. Enhancements that undermined combatants' moral responsibility would therefore undermine the military's moral standing and would harm combatants' well-being. A genuine commitment to maintaining the military's ethical standards and the well-being of combatants therefore requires a careful analysis of performance-enhancing technologies before they are implemented. (shrink)

Numerous studies have found that many people believe that a provocatively dressed woman is at greater risk for sexual assault and bears some responsibility for her assault if she is attacked. Furthermore, in legal, academic, and public debates about sexual assault the appropriateness of the term ‘provocative’ as a descriptor of certain kinds of women’s clothing is rarely questioned. Thus, there is a widespread but largely unquestioned belief that it is appropriate to describe revealing or suggestive women’s clothing as ‘provocative’ (...) and that women who wear such clothing could provoke sexual assault and harassment from men. Yet it is rarely noted that only women’s clothing is described as sexually provocative. Men’s clothing, no matter how revealing, is never described as provocative. Why is this the case? This Article challenges the assumption that it is appropriate to describe women’s clothing as provocative. Drawing on on models of the legal defense of provocation and research on objectification and responsibility, this Article demonstrates that continued use of ‘provocative’ term normalizes and entrenches deeply problematic attitudes about women’s responsibility for men’s sexual behavior. The social interpretation of women’s clothing as provocative arises from the privileged social and legal status of men’s sexual arousal and the objectification of women’s bodies. Describing women’s clothing as provocative thus reinforces a problematic conception of women’s bodies and sexuality that is connected to women’s experiences of their bodies, their clothes, and shapes their vulnerability to sexual assault and social and legal attitudes to such attacks. (shrink)

Although the term "torture lite" is frequently used to distinguish between physically mutilating torture and certain interrogation methods that are supposedly less severe, the distinction is not recognized in international law.

When writing on forgiveness, most authors focus on when it is appropriate to forgive and the role that the offender’s attitudes play in determining the appropriateness of forgiveness. In this paper I will take a different approach. Instead of examining when forgiveness may or may not be appropriate, I discuss the moral attitude displayed by being unforgiving. I argue that we have reason to strive for forgiveness based on the kind of moral outlook we deplore in those who wrong us, (...) and that we strive to remove from our own moral worldview. Believing someone to be unforgivable can result in the adoption of aspects of the wrongdoer’s moral outlook and so forgiveness is worth attempting for reasons unconnected to the wrongdoer’s attitudes: reasons that arise from the kinds of moral agents we strive to be. (shrink)

Academics working on military ethics and serving military personnel rarely have opportunities to talk to each other in ways that can inform and illuminate their respective experiences and approaches to the ethics of war. The workshop from which this paper evolved was a rare opportunity to remedy this problem. Our conversations about First Lieutenant (1LT) Portis’s experiences in combat provided a unique chance to explore questions about the relationship between oversight, accountability, and the idea of moral risk in military operations. (...) In this paper, we outline a particular experience of 1LT Portis’s that formed the basis of our discussions, before elucidating the ethical issues this experience raised. In particular, we see 1LT Portis’s experience as, first, illustrative of the problem of moral risk – when military personnel are placed in situations of moral temptation. The problem of moral risk, we propose, is best understood through the framework of the military’s duty of care. Second, we see his experience as highlighting tensions within the dominant moralized warrior model of the military profession. What we call a toxic warrior identity — a distorted form of the moralized warrior identity — can negatively affect the attitudes of military personnel toward rules, policies, procedures, and accountability mechanisms, particularly in relation to non-combat related roles and duties and when leaders must choose between competing bureaucratic demands. We see 1LT Portis’s experience as illustrative of these tensions, yet his experiences also highlight important concerns about the impact of increasing bureaucratic demands on military functioning. In the conclusion, we address the need to balance concerns about toxic warrior identity with legitimate criticisms of overly demanding bureaucracy and suggest avenues for further research on this issue. (shrink)

In international law and just war theory, war is treated as normatively and legally unique. In the context of international law, war’s special status gives rise to a specific set of belligerent rights and duties, as well as a complex set of laws related to, among other things, the status of civilians, prisoners of war, trade and economic relationships, and humanitarian aid. In particular, belligerents are permitted to derogate from certain human rights obligations and to use lethal force in a (...) far more permissive manner than is the case in other kinds of conflicts and in domestic law enforcement operations. Given war’s unique status, the task of defining war requires not just identifying the empirical features that are characteristic of war but explaining and justifying war’s special legal and moral status. In this chapter, I propose a definition of war that captures war’s unique features and can offer insights into when and how some forms of unarmed conflict could count as wars. (shrink)

In the United States, all military personnel swear to obey “the orders of the President of the United States and the orders of the officers appointed over me.” Military personnel must obey orders promptly in order to facilitate effective military functioning. Yet, obedience to orders has been associated with the commission of war crimes. Military personnel of all ranks have committed torture, rape, genocide, and murder under orders. “I was just following orders” (respondaet superior) is no longer accepted as a (...) complete defense to a charge of war crimes. In the words of the Nuremberg court: “The obedience of a soldier is not the obedience of an automaton. A soldier is a reasoning agent”. This means that military personnel cannot evade responsibility for their actions under orders. But when and under what conditions should military personnel disobey orders? If obedience is sometimes morally wrong, how can obedience be a military virtue? In this chapter I argue that the only plausible conception of military obedience as a virtue is reflective obedience: obedience governed and constrained by the ends of the military profession serving a legitimate state and by the laws of armed conflict. Section 1 explains the concept of obedience and outlines the idea of virtuous obedience. Section 2 explores when the military has legitimate authority to compel obedience. Section 3 concludes by exploring the limits on obedience that derive from the military’s status as a profession and the legitimacy of the military’s authority to issue orders. (shrink)

In contemporary academic, political, and media discourse, terrorism is typically portrayed as an existential threat to lives and states, a threat driven by religious extremists who seek the destruction of Western civilization and who are immune to reason and negotiation. In many countries, including the US, the UK, and Australia, this existential threat narrative of terrorism has been used to justify sweeping counterterrorism legislation, as well as military operations and even the use of tactics such as torture and indefinite detention. (...) In this chapter I outline the components of the existential threat narrative, and explain how critical terrorism scholars have critiqued this narrative on two main grounds: that it is based on false empirical claims about the nature, scale, and motivations of modern non-state terrorism, and that counterterrorism policies and practices based on this narrative have had extremely destructive consequences for individuals, communities, and states—in some cases, causing far more destruction than terrorism itself. In the final section I offer some suggestions for the direction of future terrorism research in light of these critiques of the existential threat narrative. (shrink)

Prison as a Torturous Institution Philosophers working on torture have largely failed to address the widespread use of torture in the U.S. prison system. Drawing on a victim-focused definition of torture, I argue that the U.S. prison system is a torturous institution in which direct torture occurs (the use of solitary confinement) and in which torture is allowed to occur through the toleration of sexual assault of inmates and the conditions of mass incarceration. The use and toleration of torture expresses (...) and reinforces the moral exclusion of those subjected to it, particularly African Americans. Importantly, this moral exclusion and the experience of torture may be created and reinforced through institutional practices independently of the intentions of individuals acting within those institutions. By prioritizing torture victims’ experiences and severing the link between torture and intention, my account forces a recognition that, far from being inconsistent with U.S. values, torture is deeply embedded within U.S. institutions. (shrink)

Debates about terrorism and technology often focus on the potential uses of technology by non-state terrorist actors and by states as forms of counterterrorism. Yet, little has been written about how technology shapes how we think about terrorism. In this chapter I argue that technology, and the language we use to talk about technology, constrains and shapes our understanding of the nature, scope, and impact of terrorism, particularly in relation to state terrorism. After exploring the ways in which technology shapes (...) moral thinking, I use two case studies to demonstrate how technology simultaneously hides and enables terroristic forms of state violence: police control technologies and Unmanned Aerial Vehicles (UAVs), or drones. In both these cases, I argue that features of these technologies, combined with a narrative of precision and efficiency, serves to mask the terroristic nature of the violence that these practices inflict and reinforces the moral exclusion of those against whom these technologies are deployed. In conclusion, I propose that identifying acts of terrorism requires a focus on the impact of technologies of violence (whether they are “high tech” or not) on those most affected, regardless of whether users of these technologies conceive of their actions as terroristic. (shrink)

Liberal democracies who perpetrate torture represent an apparent paradox: a flagrant violation of human rights by states supposedly dedicated to protecting human rights. In liberal democracies, the political, social, and legal narratives used to justify torture portray torture as an individual act motivated by important moral values. This individualized torture narrative then shapes the moral framework through which the public, policy-makers, and individual torturers view torture, and masks the institutional nature of torture perpetration. It is this interaction between an individualized (...) torture narrative and the moral framework of torture that distinguishes democratic perpetrators (Critchell et al. 2017, 9-10) from nondemocratic perpetrators of torture. Yet, the implementation of a torture program in a democratic state is remarkably similar to the implementation of a torture program in a nondemocratic state. In both cases, torture is an institutionalized practice given moral and political meaning through broad social and political narratives. This chapter uses the post-9/11 US torture program as a case study of a democratic perpetrator in order to explore the interaction between democratic narratives of torture, state implementation of torture, and the moral psychology of individual torturers. This permits a way of thinking about torture perpetration that goes beyond a myopic focus on torture as individual act to understand the interaction and mutual reinforcement of different forms of torture perpetration. This analysis also offers a starting point from which to consider how to resist and oppose torture narratives that sustain democratic tortue, a question I explore in the conclusion of this chapter. (shrink)

One of the questions raised by this important and thought-provoking collection of essays on torture is how and why the consensus that torture is wrong - a consensus enshrined in international law for decade - has become so fragile. As Scott Anderson writes in the introduction to this volume, "how did abusing and torturing prisoners suddenly become so popular?” The chapters in this volume offer insights into this question from the perspectives of history, psychology, law, philosophy, and sociology. This interdisciplinary (...) approach highlights important and often overlooked aspects of the torture debate. Yet, the questions that the authors take to be important (for example, about whether the justification of torture should even be contemplated) reflect different and sometimes incompatible normative assumptions about what torture is and about what matters in the torture debate. These assumptions, I shall argue, are shaped by, and play a role in shaping, the moral, political, and social narratives that contribute to or resist the toleration of torture in the US and elsewhere. Thus, while the disparate nature of the contributions (perhaps inevitably) undermine the cohesiveness of the volume as a whole, it illuminates, even if it does not resolve, larger questions about the place and function of academic debate in the history and use of torture. (shrink)