Results for 'Self-defense'

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  1. Self-Defense.Judith Jarvis Thomson - 1991 - Philosophy and Public Affairs 20 (4):283-310.
    But what if in order to save 0nc’s life one has to ki]1 another person? In some cases that is obviously permissible. In a case I will call Villainous Aggrcssor, you are standing in :1 meadow, innocently minding your own business, and 21 truck suddenly heads toward you. You try to sidestep the truck, but it tums as you tum. Now you can sec the driver: he is a mam you know has long hated you. What to do? You cannot (...)
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  2.  51
    Self-Defense, Necessity, and Punishment: A Philosophical Analysis.Uwe Steinhoff - 2020 - London and New York: Routledge.
    This book offers a philosophical analysis of the moral and legal justifications for the use of force. While the book focuses on the ethics self-defense, it also explores its relation to lesser evil justifications, public authority, the justification of punishment, and the ethics of war. Steinhoff’s account of the moral use of force covers a wide range of topics, including the nature of justification in general, the precise elements of different justifications, the logic of claim- and liberty-rights and (...)
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  3. Self-Defense as Claim Right, Liberty, and Act-Specific Agent-Relative Prerogative.Uwe Steinhoff - 2016 - Law and Philosophy 35 (2):193-209.
    This paper is not so much concerned with the question under which circumstances self-defense is justified, but rather with other normative features of self-defense as well as with the source of the self-defense justification. I will argue that the aggressor’s rights-forfeiture alone – and hence the liberty-right of the defender to defend himself – cannot explain the intuitively obvious fact that a prohibition on self-defense would wrong victims of attack. This can only (...)
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  4. Necessity in Self-Defense and War.Seth Lazar - 2012 - Philosophy and Public Affairs 40 (1):3-44.
    It is generally agreed that using lethal or otherwise serious force in self-defense is justified only when three conditions are satisfied: first, there are some grounds for the defender to give priority to his own interests over those of the attacker (whether because the attacker has lost the protection of his right to life, for example, or because of the defender’s prerogative to prefer himself to others); second, the harm used is proportionate to the threat thereby averted; third, (...)
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  5. Self-Defense and the Problem of the Innocent Attacker.Jeff McMahan - 1994 - Ethics 104 (2):252-290.
    Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at http://www.jstor.org/about/terms.html. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use.
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  6. Innocence, Self-Defense and Killing in War.Jeff McMahan - 1994 - Journal of Political Philosophy 2 (3):193–221.
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  7.  31
    Self-Defense: Deflecting Deflationary and Eliminativist Critiques of the Sense of Ownership.Shaun Gallagher - 2017 - Frontiers in Psychology 8.
  8.  32
    War and Self Defense.David Rodin - 2002 - Oxford University Press.
    When is it right to go to war? The most persuasive answer to this question has always been 'in self-defense'. In a penetrating new analysis, bringing together moral philosophy, political science, and law, David Rodin shows what's wrong with this answer. He proposes a comprehensive new theory of the right of self-defense which resolves many of the perplexing questions that have dogged both jurists and philosophers. -/- Winner of the American Philosophical Association Frank Chapman Sharp Memorial (...)
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  9.  48
    Can Self-Defense Justify Punishment?Larry Alexander - 2013 - Law and Philosophy 32 (2-3):159-175.
    This piece is a review essay on Victor Tadros’s The Ends of Harm. Tadros rejects retributive desert but believes punishment can be justified instrumentally without succumbing to the problems of thoroughgoing consequentialism and endorsing using people as means. He believes he can achieve these results through extension of the right of self-defense. I argue that Tadros fails in this endeavor: he has a defective account of the means principle; his rejection of desert leads to gross mismatches of punishment (...)
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  10.  23
    Innocence, SelfDefense and Killing in War.Jeff McMahan - 1994 - Journal of Political Philosophy 2 (3):193-221.
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  11. Self-Defense, Pacifism, and the Possibility of Killing.Cheyney C. Ryan - 1982 - Ethics 93 (3):508-524.
  12.  57
    Justifying Self-Defense.Kimberly Kessler Ferzan - 2005 - Law and Philosophy 24 (6):711-749.
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  13.  83
    Self-Defense, Culpability, and Distributive Justice.Phillip Montague - 2010 - Law and Philosophy 29 (1):75-91.
    This paper has a threefold purpose: to question the adequacy of two familiar proposals for explaining the permissibility of harming others in self-defense, to suggest an alternative explanation, and to answer some objections to this latter explanation. By and large, discussions of the proposals whose adequacy I will question focus on what they imply about the permissibility of self-defense in controversial cases. I will argue here that the proposals themselves contain large and significant theoretical gaps. Accordingly, (...)
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  14.  59
    Self-Defense, Punishment and Forfeiture.David Alm - 2013 - Criminal Justice Ethics 32 (2):91-107.
    According to the self-defense view, the moral justification of punishment is derived from the moral justification of an earlier threat of punishment for an offense. According to the forfeiture view, criminals can justly be punished because they have forfeited certain rights in virtue of their crimes. The paper defends three theses about these two views. (1) The self-defense view is false because the right to threaten retaliation is not independent of the right to carry out that (...)
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  15.  44
    War and Self Defense.David Rodin - 2002 - Oxford University Press UK.
    When is it right to go to war? The most persuasive answer to this question has always been 'in self-defense'. In a penetrating new analysis, bringing together moral philosophy, political science, and law, David Rodin shows what's wrong with this answer. He proposes a comprehensive new theory of the right of self-defense which resolves many of the perplexing questions that have dogged both jurists and moral philosophers. By applying the theory of self-defense to international (...)
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  16.  62
    War and Self-Defense.David Rodin - 2004 - Ethics and International Affairs 18 (1):63–68.
    When is it right to go to war? The most persuasive answer to this question has always been 'in self-defense'. In a penetrating new analysis, bringing together moral philosophy, political science, and law, David Rodin shows what's wrong with this answer. He proposes a comprehensive new theory of the right of self-defense which resolves many of the perplexing questions that have dogged both jurists and moral philosophers. By applying the theory of self-defense to international (...)
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  17.  44
    Self-Defense and Choosing Between Lives.Phillip Montague - 1981 - Philosophical Studies 40 (2):207 - 219.
  18. Self-Defense and Rights.Judith Jarvis Thomson - unknown
    This is the text of The Lindley Lecture for 1976, given by Judith Jarvis Thomson, an American philosopher.
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  19.  73
    Self-Defense and Culpability.Jeff McMahan - 2005 - Law and Philosophy 24 (6):751-774.
    Moral agents sometimes have to act on the basis of beliefs that are reasonable in the context but are in fact false. In these circumstances, agents often act in ways that would be right if their beliefs were true but that they would recognize as wrong if they could see that their beliefs were false. Sometimes our tendency is to think that what these agents do is justified – for example, in the case discussed by Ferzan in which one person, (...)
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  20.  50
    Self-Defense and Defense of Others.Russell Christopher - 1998 - Philosophy and Public Affairs 27 (2):123-141.
  21. Self-Defense, Justification and Excuse.Larry Alexander - 1993 - Philosophy and Public Affairs 22 (1):53-66.
  22.  55
    Self-Defense: Rights and Coerced Risk-Acceptance.Samuel C. Wheeler - 1997 - Public Affairs Quarterly 11 (4):431-443.
  23. Killing, Self-Defense, and Bad Luck.Richard B. Miller - 2009 - Journal of Religious Ethics 37 (1):131-158.
    This essay argues on behalf of a hybrid theory for an ethics of self-defense understood as the Forfeiture-Partiality Theory. The theory weds the idea that a malicious attacker forfeits the right to life to the idea that we are permitted to prefer one's life to another's in cases of involuntary harm or threat. The theory is meant to capture our intuitions both about instances in which we can draw a moral asymmetry between attacker and victim and cases in (...)
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  24.  57
    Self-Defense, Punishing Unjust Combatants and Justice in War.Steve Viner - 2010 - Criminal Law and Philosophy 4 (3):297-319.
    Some contemporary Just War theorists, like Jeff McMahan, have recently built upon an individual right of self-defense to articulate moral rules of war that are at odds with commonly accepted views. For instance, they argue that in principle combatants who fight on the unjust side ought to be liable to punishment on that basis alone. Also, they reject the conclusion that combatants fighting on both sides are morally equal. In this paper, I argue that these theorists overextend their (...)
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  25.  62
    Corpses, Self-Defense, and Immortality: Callicles’ Fear of Death in the Gorgias.Emily A. Austin - 2013 - Ancient Philosophy 33 (1):33-52.
  26.  30
    Necessity in SelfDefense and War.Seth Lazar - 2012 - Philosophy and Public Affairs 40 (1):3-44.
    The necessity constraint is at the heart of the ethics of both self-defense and war, and yet we know little about it. This article seeks to remedy that defect. It proceeds in two stages: first, an analysis of the concept of necessity in self-defense; second, an application of this analysis to war, looking at both its implications for just war theory and its application in the laws of war.
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  27. Killing in SelfDefense.Jonathan Quong - 2009 - Ethics 119 (3):507-537.
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  28.  65
    Justifying Self-Defense.David Wasserman - 1987 - Philosophy and Public Affairs 16 (4):356-378.
  29. A New Societal Self-Defense Theory of Punishment—The Rights-Protection Theory.Hsin-Wen Lee - 2018 - Philosophia 46 (2):337-353.
    In this paper, I propose a new self-defense theory of punishment, the rights-protection theory. By appealing to the interest theory of right, I show that what we call “the right of self-defense” is actually composed of the right to protect our basic rights. The right of self-defense is not a single, self-standing right but a group of derivative rights justified by their contribution to the protection of the core, basic rights. Thus, these rights (...)
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  30.  48
    Self-Defense in International Law and Rights of Persons.Fernando R. Tesón - 2004 - Ethics and International Affairs 18 (1):87-91.
  31. Killing the Innocent in Self-Defense.Michael Otsuka - 1994 - Philosophy and Public Affairs 23 (1):74-94.
    I presented an earlier version of this paper to the Law and Philosophy Discussion Group in Los Angeles, whose members I would like to thank for their comments. In addition, I would also like to thank the following people for reading and providing written or verbal commentary on earlier drafts: Robert Mams, Rogers Albritton, G. A. Cohen, David Copp, Matthew Hanser, Craig Ihara, Brian Lee, Marc Lange, Derk Pereboom, Carol Voeller, and the Editors of Philosophy & Public Affairs. I owe (...)
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  32. Rodin on Self-Defense and the "Myth" of National Self-Defense: A Refutation.Uwe Steinhoff - 2013 - Philosophia 41 (4):1017-1036.
    David Rodin denies that defensive wars against unjust aggression can be justified if the unjust aggression limits itself, for example, to the annexation of territory, the robbery of resources or the restriction of political freedom, but would endanger the lives, bodily integrity or freedom from slavery of the citizens only if the unjustly attacked state actually resisted the aggression. I will argue that Rodin's position is not correct. First, Rodin's comments on the necessity condition and its relation to an alleged (...)
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  33.  58
    Self-Defense, Harm to Others, and Reasons for Action in Collective Action Problems.Mark Bryant Budolfson - 2014 - Ethics, Policy and Environment 17 (1):31-34.
  34. What Is Self-Defense?Uwe Steinhoff - 2015 - Public Affairs Quarterly 29 (4):385-402.
    In this paper, I will provide a conceptual analysis of the term self-defense and argue that in contrast to the widespread “instrumentalist” account of self-defense, self-defense need not be aimed at averting or mitigating an attack, let alone the harm threatened by it. Instead, on the definition offered here, an act token is self-defense if and only if a) it is directed against an ongoing or imminent attack, and b) the actor correctly (...)
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  35.  71
    Self-Defense and the Obligations to Kill and to Die.Cheyney C. Ryan - 2004 - Ethics and International Affairs 18 (1):69-73.
    Building on Rodin's analysis, Ryan raise further issues about self-defense as a justification of modern nation state war. Principal among these is what he calls the "conscription paradox.".
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  36. Self-Defense and the Killing of Noncombatants: A Reply to Fullinwider.Lawrence A. Alexander - 1976 - Philosophy and Public Affairs 5 (4):408-415.
  37. Self-Defense, Punishment, and Proportionality.Larry Alexander - 1991 - Law and Philosophy 10 (3):323 - 328.
  38.  68
    Self-Defense, Innocent Aggressors, and the Duty of Martyrdom.Whitley Kaufman - 2010 - Pacific Philosophical Quarterly 91 (1):78-96.
    On the traditional doctrine of self-defense, defensive force is permissible not only against Culpable Aggressors but against Innocent Aggressors as well (for example, psychotic aggressors). Some moral philosophers have recently challenged this view, arguing that one may not harm innocent attackers because morality requires culpability as an essential condition of being liable to defensive force. This essay examines and rejects this challenge as both a violation of common sense and as insufficiently grounded in convincing reasons from moral theory.
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  39. Proportionality in Self-Defense.Uwe Steinhoff - 2017 - The Journal of Ethics 21 (3):263-289.
    This article considers the proportionality requirement of the self-defense justification. It first lays bare the assumptions and the logic—and often illogic—underlying very strict accounts of the proportionality requirement. It argues that accounts that try to rule out lethal self-defense against threats to property or against threats of minor assault by an appeal to the supreme value of life have counter-intuitive implications and are untenable. Furthermore, it provides arguments demonstrating that there is not necessarily a right not (...)
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  40. Proportionality and Self-Defense.Suzanne Uniacke - 2011 - Law and Philosophy 30 (3):253-272.
    Proportionality is widely accepted as a necessary condition of justified self-defense. What gives rise to this particular condition and what role it plays in the justification of self-defense seldom receive focused critical attention. In this paper I address the standard of proportionality applicable to personal self-defense and the role that proportionality plays in justifying the use of harmful force in self-defense. I argue against an equivalent harm view of proportionality in self- (...), and in favor of a standard of proportionality in self-defense that requires comparable seriousness and takes into account the wrong, as opposed simply to the harm that the victim is fending off. I distinguish the standard of proportionality in self-defense from proportionality in circumstances of necessity, and I discuss whether proportionality is an internal or an external constraint on the right of self-defense. (shrink)
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  41. Pacifism, Just War, and Self-Defense.Cheyney Ryan - 2013 - Philosophia 41 (4):1-29.
    This essay distinguishes two main forms of pacifism, personal pacifism and political pacifism. It then contrasts the views on self-defense of political pacifism and just war theory, paying special attention to notions of the state and sovereignty.
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  42. The Moral Grounds of Reasonably Mistaken SelfDefense.Renée Jorgensen Bolinger - forthcoming - Philosophy and Phenomenological Research.
    Some, but not all, of the mistakes a person makes when acting in apparently necessary self-defense are reasonable: we take them not to violate the rights of the apparent aggressor. I argue that this is explained by duties grounded in agents' entitlements to a fair distribution of the risk of suffering unjust harm. I suggest that the content of these duties is filled in by a social signaling norm, and offer some moral constraints on the form such a (...)
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  43.  43
    Self-Defense in an Imperfect World.Chris Brown - 2003 - Ethics and International Affairs 17 (1):2-8.
    In his address at West Point on June 1, 2002, President George W. Bush appeared to be signaling America’s willingness to regard the mere possession of weapons of mass destruction by potential enemies as grounds for an anticipatory war.
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  44.  78
    War as Self-Defense.Jeff McMahan - 2004 - Ethics and International Affairs 18 (1):75-80.
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  45.  12
    The Ethics of Self-Defense.Christian Coons & Michael Weber (eds.) - 2016 - Oxford University Press USA.
    The fifteen new essays collected in this volume address questions concerning the ethics of self-defense, most centrally when and to what extent the use of defensive force, especially lethal force, can be justified. Scholarly interest in this topic reflects public concern stemming from controversial cases of the use of force by police, and military force exercised in the name of defending against transnational terrorism. The contributors pay special attention to determining when a threat is liable to defensive harm, (...)
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  46.  24
    Self-Defense, Collective Obligation, and Noncombatant Liability.Kai Draper - 1998 - Social Theory and Practice 24 (1):57-81.
  47. Self-Defense : The Imminence Requirement.Marcia Baron - 2011 - In Leslie Green & Brian Leiter (eds.), Oxford Studies in Philosophy of Law. Oxford University Press.
     
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  48. War and Self-Defense: A Critique and a Proposal.Phillip Montague - 2010 - Diametros 23:69-83.
    Discussions of the ethics of war commonly – and reasonably – assume that defensive wars are morally justified if any wars are. They also assume that explanations of why defensive warfare is morally justified must be based on principles that also explain the moral justifiability of individual self-defense. David Rodin has recently argued that the second of these assumptions is mistaken, and he has developed an alternative account of the morality of defensive warfare. The purpose of this paper (...)
     
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  49. War and Self-Defense.Christopher Woodard - 2005 - Mind 114 (454):453-457.
    A review of David Rodin's Book, War and Self-Defense.
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  50.  23
    Responsibility and Self-Defense: Can We Have It All?Adam Hosein - 2017 - Res Publica 23 (3):367-385.
    The role of responsibility in our common-sense morality of self-defense is complex. According to common-sense morality, one can sometimes use substantial, even deadly, force against people who are only minimally responsible for posing a threat to us. The role of responsibility in self-defense is thus limited. However, responsibility is still sometimes relevant. It sometime affects how much force you can use against a threatener: less if they are less responsible and more if they are more responsible. (...)
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