Benbaji on killing in war and 'the war convention'

Philosophical Quarterly 60 (240):616-623 (2010)
Yitzhak Benbaji defends the view that soldiers on both the ‘just’ and the ‘unjust’ side in a war have the same liberty right to kill one another, because soldiers have ‘tacitly accepted’ the egalitarian laws of war and thereby waived their moral rights not to be attacked. I argue that soldiers on the ‘just’ side have not accepted the egalitarian laws of war; even if they had, they would not thereby have waived their moral rights not to be attacked. Moreover, the egalitarian laws of war and ‘the war convention’ are not fair and mutually beneficial, and so would not be accepted. Benbaji does not come to grips with the problem of the killing of civilians in war: his idea that states could waive the moral rights of their citizens is untenable
Keywords Benbaji, Yitzhak  civilians  contractualism  moral equality of combatants  rights  war convention
Categories (categorize this paper)
DOI 10.1111/j.1467-9213.2010.663.x
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
Download options
PhilPapers Archive

Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 15,914
External links
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library
References found in this work BETA

No references found.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

Monthly downloads

Added to index


Total downloads

39 ( #84,314 of 1,725,580 )

Recent downloads (6 months)

3 ( #211,098 of 1,725,580 )

How can I increase my downloads?

My notes
Sign in to use this feature

Start a new thread
There  are no threads in this forum
Nothing in this forum yet.