David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
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Philosophical Issues 15 (1):386–405 (2005)
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.
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Citations of this work BETA
Jeff McMahan (2004). The Ethics of Killing in War. Ethics 114 (4):693-733.
Jeff McMahan (2006). The Ethics of Killing in War. Philosophia 34 (1):693-733.
Uwe Steinhoff (2012). Rights, Liability, and the Moral Equality of Combatants. Journal of Ethics 16 (4):339-366.
Uwe Steinhoff (2014). Why We Shouldn't Reject Conflicts: A Critique of Tadros. Res Publica 20 (3):315-322.
Uwe Steinhoff (forthcoming). Justifying Defense Against Non-Responsible Threats and Justified Aggressors: The Liability Vs. The Rights-Infringement Account. Philosophia:1-19.
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