Philosophia 44 (1):247-265 (2016)
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Abstract |
Even among those who find lethal defense against non-responsible threats, innocent aggressors, or justified aggressors justified even in one to one cases, there is a debate as to what the best explanation of this permissibility is. The contenders in this debate are the liability account, which holds that the non-responsible or justified human targets of the defensive measures are liable to attack, and the justified infringement account, which claims that the targets retain their right not to be attacked but may be attacked anyway, even in one to one situations. Given that we normally think that rights are trumps, this latter claim is counter-intuitive and rather surprising, and therefore in need of justification and explanation. So far only Jonathan Quong has actually tried to provide an explanation; however, I will argue that his explanation fails and that Quong’s own account of liability is misguided. I then address Helen Frowe’s critique of the liability account. She makes the important concession that the tactical bomber has to compensate his victims, but she tries to block the conclusion that he must therefore be liable. I will demonstrate that her attempt to explain away liability fails once that concession is made
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Keywords | Frowe, Helen justified attackers liability non-responsible threats Quong, Jonathan rights infringement self-preference symmetrical self-defense tactical bomber |
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Reprint years | 2016 |
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DOI | 10.1007/s11406-015-9666-7 |
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References found in this work BETA
The Ends of Harm: The Moral Foundations of Criminal Law.Victor Tadros - 2011 - Oxford University Press.
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Citations of this work BETA
The Liability of Justified Attackers.Uwe Steinhoff - 2016 - Ethical Theory and Moral Practice 19 (4):1016-1030.
The Secret to the Success of the Doctrine of Double Effect : Biased Framing, Inadequate Methodology, and Clever Distractions.Uwe Steinhoff - 2018 - The Journal of Ethics 22 (3-4):235-263.
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