AbstractJoanna Mary Firth and Jonathan Quong argue that both an instrumental account of liability to defensive harm, according to which an aggressor can only be liable to defensive harms that are necessary to avert the threat he poses, and a purely noninstrumental account which completely jettisons the necessity condition, lead to very counterintuitive implications. To remedy this situation, they offer a “pluralist” account and base it on a distinction between “agency rights” and a “humanitarian right.” I argue, first, that this distinction is spurious; second, that the conclusions they draw from this distinction do not cohere with its premises; third, that even if one granted the distinction, Firth’s and Quong’s implicit premise that you can forfeit your agency rights but not your “humanitarian right” is unwarranted; fourth, that their attempt to mitigate the counterintuitive implications of their own account in the Rape case relies on mistaken ad-hoc assumptions; fifth, that even if they were successful in somewhat mitigating said counterintuitive implications, they would still not be able to entirely avoid them; and sixth, that even in the unlikely case that none of these previous five critical points are correct, Firth and Quong still fail to establish that aggressors can be liable to unnecessary defensive harm since they fail to establish that unnecessary harm can ever be defensive in the first place
Similar books and articles
Necessity, Moral Liability, and Defensive Harm.Joanna Mary Firth & Jonathan Quong - 2012 - Law and Philosophy 31 (6):673-701.
Liberalism Without Perfection: Replies to Gaus, Colburn, Chan, and Bocchiola.Jonathan Quong - 2012 - Philosophy and Public Issues - Filosofia E Questioni Pubbliche 2 (1):51-79.
Contribution to Collective Harms and Responsibility.Robert Jubb - 2012 - Ethical Perspectives 19 (4):733-764.
The Basis of Moral Liability to Defensive Killing.Jeff McMahan - 2005 - Philosophical Issues 15 (1):386–405.
The Rights of Unreasonable Citizens.Jonathan Quong - 2004 - Journal of Political Philosophy 12 (3):314–335.
Self-Defense, Innocent Aggressors, and the Duty of Martyrdom.Whitley Kaufman - 2010 - Pacific Philosophical Quarterly 91 (1):78-96.
Waging Defensive War: The Idea and its Normative Importance.Joseph Boyle - 2011 - Journal of Military Ethics 10 (3):148-159.
Responsibility and Compensation Rights.Peter Vallentyne - 2009 - In Stephen De Wijze, Matthew H. Kramer & Ian Carter (eds.), Hillel Steiner and the Anatomy of Justice: Themes and Challenges. Routledge.
The Moral Status of Nonresponsible Threats.Jason Hanna - 2012 - Journal of Applied Philosophy 29 (1):19-32.
Moral Liability to Defensive Killing and Symmetrical Self-Defense.David R. Mapel - 2010 - Journal of Political Philosophy 18 (2):198-217.
Added to PP
Historical graph of downloads