Philosophia 44 (1):247-265 (2016)

Uwe Steinhoff
University of Hong Kong
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
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
DOI 10.1007/s11406-015-9666-7
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References found in this work BETA

Anarchy, State, and Utopia.Robert Nozick - 1974 - New York: Basic Books.
Taking Rights Seriously.Ronald Dworkin (ed.) - 1977 - Duckworth.
Killing in War.Jeff McMahan - 2009 - Oxford University Press.
Self-Defense.Judith Jarvis Thomson - 1991 - Philosophy and Public Affairs 20 (4):283-310.

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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.

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