32 found
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Alec Walen [26]Alec D. Walen [6]Alec Douglas Walen [1]
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Alec Walen
Rutgers University - New Brunswick
  1.  64
    Transcending the Means Principle.Alec Walen - 2014 - Law and Philosophy 33 (4):427-464.
    A robust, if not absolute, prohibition on treating people merely as a means seems to sit at the core of common sense deontological morality. But the principle prohibiting such treatment, the ‘means principle’ (MP), has been notoriously hard to defend: both the subjective, intention-focused and the objective, causal-role-focused interpretations of what it means to use someone as a means face potent objections. In this paper, my goal is not to defend the MP, but to articulate and defend a new principle, (...)
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  2.  28
    The Restricting Claims Principle Revisited: Grounding the Means Principle on the Agent–Patient Divide.Alec Walen - 2016 - Law and Philosophy 35 (2):211-247.
    In an earlier article, I introduced the “restricting claims principle” to explain what is right about the means principle: the idea that it is harder to justify causing or allowing someone to suffer harm if using him as a means than if causing or allowing harm as a side effect. The RCP appeals to the idea that claims not to be harmed as a side effect push to restrict an agent from doing what she would otherwise be free to do (...)
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  3.  7
    Risks and Weak Aggregation: Why Different Models of Risk Suit Different Types of Cases.Alec Walen - 2020 - Ethics 131 (1):62-86.
    Discussions of risk have assumed that risk must be modeled the same in all cases. This is a mistake. Normally, if people know that those affected by an agent’s choice have conflicting interests, th...
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  4.  20
    The Doctrine of Illicit Intentions.Alec Walen - 2006 - Philosophy and Public Affairs 34 (1):39-67.
  5.  95
    Agents, Impartiality, and the Priority of Claims Over Duties: Diagnosing Why Thomson Still Gets the Trolley Problem Wrong by Appeal to the “Mechanics of Claims”. [REVIEW]Alec Walen & David Wasserman - 2012 - Journal of Moral Philosophy 9 (4):545-571.
    Judith Jarvis Thomson recently argued that it is impermissible for a bystander to turn a runaway trolley from five onto one. But she also argues that a trolley driver is required to do just that. We believe that her argument is flawed in three important ways. She fails to give proper weight to (a) an agent¹s claims not to be required to act in ways he does not want to, (b) impartiality in the weighing of competing patient-claims, and (c) the (...)
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  6.  33
    Potholes on the Path to Purity: Gideon Yaffe’s Overly Ambitious Attempt to Account for Criminal Attempts. [REVIEW]Alec Walen - 2012 - Criminal Law and Philosophy 6 (3):383-386.
    Gideon Yaffe’s “subjectivism about attempts” rest on the Transfer Principle: “If a particular form of conduct is legitimately criminalized, then the attempt to engage in that form of conduct is also legitimately criminalized.” From the perspective of a moral concern with culpability, this principle seems to get to the heart of the matter: the true essence of what is wrong with attempting to commit a crime. Unfortunately, Yaffe’s argument for the Transfer Principle is based on an equivocation and therefore logically (...)
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  7.  26
    Introduction to the Special Issue on Deontology and the Criminal Law.Alec Walen - 2016 - Criminal Law and Philosophy 10 (4):741-743.
    Deontology holds that the rules or principles that govern the permissibility of actions cannot be derived simply from the goal of promoting good consequences. The definition has to be given negatively because there is still much disagreement about what positively grounds these rules or principles. The articles in this special issue—collected mostly from papers presented at a conference sponsored by the Institute for Law and Philosophy at Rutgers UniversityOne paper in this issue, from Gerhard Øverland, was not presented at the (...)
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  8.  53
    Crime, Culpability and Moral Luck.Alec Walen - 2010 - Law and Philosophy 29 (4):373-384.
  9. Reasonable Illegal Force: Justice and Legitimacy in a Pluralistic, Liberal Society.Alec Walen - 2001 - Ethics 111 (2):344-373.
  10.  26
    Comments on Doug Husak: The Low Cost of Recognizing (and of Ignoring) the Limited Relevance of Intentions to Permissibility.Alec Walen - 2009 - Criminal Law and Philosophy 3 (1):71-78.
    Doug Husak frames a worry that makes sense in the abstract, but in reality, there is not much to worry about. The thesis that intentions are irrelevant to permissibility (IIP) is a straw man. There are reasons to think that the moral significance of intentions is not properly registered in criminal law. But the moral basis for criticism is not nearly as extreme as the IIP, and the fixes are not that hard to make. Lastly, if they are not made, (...)
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  11.  15
    Permissibly Encouraging the Impermissible.Alec Walen - 2004 - Journal of Value Inquiry 38 (3):341-354.
  12.  40
    Crime, Culpability and Moral Luck.Alec Walen - 2010 - Law and Philosophy 29 (4):373-384.
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  13.  57
    A Moral Ground for the Means Principle.Alec D. Walen - unknown
    A robust, if not absolute, prohibition on treating people simply as a means sits at the core of common sense deontological morality. But the principle prohibiting such treatment, the "means principle" (MP), has been notoriously hard to defend. This paper has two parts. In Part I, I survey why the interpretation of the MP in terms of intentions does not work, and why the interpretation in terms of causes, as defended up to now, is so mysterious as to be question (...)
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  14.  31
    Choosing Your Reasons for an Action.Alec D. Walen - unknown
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  15.  24
    Doing, Allowing, and Disabling: Some Principles Governing Deontological Restrictions. [REVIEW]Alec Walen - 1995 - Philosophical Studies 80 (2):183 - 215.
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  16.  70
    Judith Jarvis Thomson, Goodness and Advice, Princeton, Princeton University Press, 2001, Pp. Xvi + 187.Alec Walen - 2003 - Utilitas 15 (2):253.
  17.  43
    Quentin Skinner, Liberty Before Liberalism, New York, Cambridge University Press, 1998, Pp. Xiv + 142.Alec Walen - 2003 - Utilitas 15 (3):378.
  18.  3
    Introduction.Antony Duff & Alec Walen - forthcoming - Law and Philosophy:1-2.
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  19. A Reply to Thomson on 'Turning the Trolley'; a Case Study Illustrating the Importance of a Hohfeldian Analysis of the 'Mechanics' of Rights.Alec D. Walen & David Wasserman - unknown
    In her latest writing on the trolley problem, 'Turning the Trolley,' Judith Jarvis Thomson defends the following counter-intuitive position: if confronted with a choice of allowing a trolley to hit and kill five innocent people on the track straight ahead, or turning it onto one innocent person on a side-track, a bystander must allow it to hit the five straight ahead. In contrast, Thomson claims, the driver of the trolley has a duty to turn it from the five onto the (...)
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  20.  24
    Crossing a Moral Line: Long-Term Preventive Detention in the War on Terror.Alec Walen - 2008 - Philosophy and Public Policy Quarterly 28 (3/4):15-21.
    It is often argued that suspected terrorists captured in the war on terror can be detained just the same way captured enemy soldiers can: until the relevant war is over. But there is a deep disanalogy between suspected terrorists and captured enemy soldiers. Soldiers cannot be held accountable for the use of force , whereas terrorists normally can. Detaining people who can be held accountable as if they cannot is crossing an important moral line, sacrificing the rights of the individual (...)
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  21.  7
    Criminal Law and Penal Law: The Wrongness Constraint and a Complementary Forfeiture Model.Alec Walen - 2020 - Criminal Law and Philosophy 14 (3):431-446.
    Antony Duff’s The Realm of Criminal Law offers an appealing moral reconstruction of the criminal law. I agree that the criminal law should be understood to predicate punishment upon sufficient proof that the defendant has committed a public wrong for which she is being held to account and censured. But the criminal law is not only about censoring people for public wrongs; it must serve other purposes as well, such as preventing people from committing serious crimes and more generally from (...)
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  22. Constitutional Rights for Nonresident Aliens.Alec Walen - 2009 - Philosophy and Public Policy Quarterly 29 (3/4):2-7.
    Nonresident aliens benefit from basic U.S. constitutional rights — reciprocity of obligation requires as much, and recognizing their rights would not unduly interfere with U.S. action abroad.
     
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  23.  12
    Draper, Kai. War and Individual Rights: The Foundations of Just War Theory.New York: Oxford University Press, 2015. Pp. 272. $65.00. [REVIEW]Alec Walen - 2016 - Ethics 127 (1):277-281.
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  24.  15
    Eliminative Killing and the Targeting of Noncombatants Comments on Seth Lazar’s Sparing Civilians.Alec Walen - 2018 - Law and Philosophy 37 (3):313-325.
    At the heart of Seth Lazar’s arguments in support of what he calls Moral Distinction – ‘In war, with rare exceptions, killing noncombatants is worse than killing combatants’ – is his treatment of eliminative and opportunistic killing. He adopts the standard line, that eliminative killing is easier to justify than opportunistic killing. And he acknowledges that there are various circumstances in which one might be able to justify killing noncombatants on eliminative grounds. Nonetheless, he relies on the notion of a (...)
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  25.  2
    No Title Available: Book Reviews. [REVIEW]Alec Walen - 2003 - Utilitas 15 (2):253-255.
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  26. Proof Beyond a Reasonable Doubt: A Balanced Retributive Account.Alec Walen - 2015 - Louisiana Law Review 76 (2):355-446.
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  27.  3
    Targeted Killing and the Criminal Law.Alec Walen - 2019 - In Larry Alexander & Kimberly Kessler Ferzan (eds.), The Palgrave Handbook of Applied Ethics and the Criminal Law. Springer Verlag. pp. 753-771.
    The moral justification for targeted killing turns on it being justified as an act of self-defense. That justification can be assessed by addressing five questions: Is the targeted person a threat who lacks the right to threaten? Has the targeted person forfeited some of her claim not to be killed? Even if the answer to the first two questions is positive, is targeted killing a necessary and proportionate response? Is the evidence in favor of targeted killing high enough to meet (...)
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  28.  47
    The Morality of Preventive Detention for Suspected Terrorists; Possibilities and Limits for a Liberal Society.Alec D. Walen - unknown
  29. The Mechanics of Claims and Permissible Killing in War.Alec D. Walen - 2019 - Oup Usa.
    This book develops an alternative account of rights according to which rights forfeiture has a much smaller role to play because rights themselves are more contextually contingent. For example, those who threaten to cause harm without a right to do so have weaker claims not to be killed than innocent bystanders or those who have a right to threaten to cause harm. By framing rights as the output of a balance of competing claims, and by laying out a detailed account (...)
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  30. The Mechanics of Hohfeldian Rights, Featuring a Case Study of Judith Jarvis Thomson on the Trolley Problem.Alec D. Walen & David Wasserman - unknown
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  31.  8
    Using, Risking, and Consent: Why Risking Harm to Bystanders is Morally Different From Risking Harm to Research Subjects.Alec Walen - 2020 - Bioethics 34 (9):899-905.
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  32.  33
    Wrongdoing Without Motives: Why Victor Tadros is Wrong About Wrongdoing and Motivation. [REVIEW]Alec Walen - 2013 - Law and Philosophy 32 (2-3):217-240.
    A central principle in Victor Tadros’s book, The Ends of Harm, is the means principle which holds that it is, with limited exceptions, impermissible to use another as a means. Tadros defends a subjective, intention-focused interpretation of the MP, according to which to use another as a means is to form plans or intentions in which the other serves as a tool for advancing one’s ends. My thesis here is that Tadros’s defense of the subjective interpretation of the MP is (...)
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