Justified Killing: The Paradox of Self-defenseThe right of self-defense is seemingly at odds with the general presupposition that killing is wrong; numerous theories have been put forth over the years that attempt to explain how self-defense is consistent with such a presupposition. In Justified Killing: The Paradox of Self-Defense, Whitley Kaufman argues that none of the leading theories adequately explains why it is permissible even to kill an innocent attacker in self-defense, given the basic moral prohibition against killing the innocent. Kaufman suggests that such an explanation can be found in the traditional Doctrine of Double Effect, according to which self-defense is justified because the intention of the defender is to protect himself rather than harm the attacker. Given this morally legitimate intention, self-defense is permissible against both culpable and innocent aggressors, so long as the force used is both necessary and proportionate. Justified Killing will intrigue in particular those scholars interested in moral and legal philosophy. |
Contents
Introduction | 1 |
The Principles of SelfDefense | 17 |
The Leading Theories of SelfDefense | 43 |
The Doctrine of Double Effect | 67 |
Double Effect and Commonsense Morality | 89 |
Can Double Effect Justify SelfDefense? | 113 |
Justifying SelfDefense | 137 |
Bibliography | 153 |
Common terms and phrases
account of self-defense argued argument civilians claim commonsense morality consequentialist controversy Criminal Law critics culpable deadly force defending oneself defensive force Defensive Killing deontological distinguish distributive justice Doctrine of Double Double Effect Ethics example excused explain fact foresee George Fletcher H. L. A. Hart hold homicide human ibid innocent aggressors intend the death intend the harm intend/foresee distinction intended harm intentionality Jeff McMahan John Finnis Kantian killing in self-defense Law Review McMahan means merely foreseen merely foreseen harm Model Penal Code moral and legal moral intuitions moral principle moral status moral theory morally permissible objection one's action Permissible Killing permit person plausible principles of self-defense problem prohibit proportionality rule punishment question reason reflective equilibrium Reichberg reject requires right of self-defense Sangero seems Self-Defence in Criminal self-defense doctrine self-preservation someone strategic bomber terror bomber theory of self-defense threat tion tradition transplant trolley problem Uniacke versus wrong York