Unjust combatants, special authority, and “transferred responsibility”

Philosophical Studies 179 (7):2187-2198 (2022)
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Abstract

Yitzhak Benbaji argues that those combatants who have agreed to blindly obey their superiors and who are ordered to fight in unjust wars are released from their duty to deliberate about the merits of the acts that they are ordered to perform. This is because their agreements result in the combatants’ permissible lack of a necessary capacity for moral responsibility. Thus, the combatants are not morally responsible for their wrongful acts—their moral responsibility is “transferred” to their superiors. We argue, first, that Benbaji’s own reasoning suggests that the agreements entered into between the combatants and their superiors are not binding and, second, that even if such agreements are binding, those combatants who obey their orders to fight are nevertheless morally responsible for their wrongful acts. Thus, Benbaji has failed to show that the combatants are permitted to act as ordered. By critically examining Benbaji’s view, then, we defend the revisionist position that just and unjust combatants are morally unequal.

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References found in this work

Liberalism Without Perfection.Jonathan Quong - 2010 - Oxford University Press.
Killing in war.Jeff McMahan - 2009 - New York: Oxford University Press.
Defensive Killing.Helen Frowe - 2014 - Oxford, UK: Oxford University Press.
Cosmopolitan war.Cécile Fabre - 2012 - Oxford: Oxford University Press.
The ethics of killing in war.Jeff McMahan - 2004 - Ethics 114 (4):693-733.

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