In this book Uwe Steinhoff describes and explains the basic tenets of just war theory and gives a precise, succinct and highly critical account of its present status and of the most important and controversial current debates surrounding it. Rejecting certain in effect medieval assumptions of traditional just war theory and advancing a liberal outlook, Steinhoff argues that every single individual is a legitimate authority and has under certain circumstances the right to declare war on others or the state. He (...) also argues that the just cause cannot be established independently of the other criteria of jus ad bellum (the justification of entering a war), except for right intention, which he interprets more leniently than the tradition does. Turning to jus in bello (which governs the conduct of a war) he criticizes the Doctrine of Double Effect and concludes that insofar as wars kill innocents, and be it as "collateral damage", they cannot be just but at best justified as the lesser evil. Steinhoff gives particular attention to the question why soldiers, allegedly, are legitimate targets and civilians not. Discussing four approaches to the explanation of the difference he argues that the four principles underlying them all need to be taken into account and outlines how their weighing can proceed if applied to concrete cases. The resulting approach does not square the distinction between legitimate and illegitimate targets with the distinction between soldiers and civilians, which has extremely important consequences for the conduct of war. Finally, Steinhoff analyses the concept of terrorism and argues that some forms of "terrorism" are actually not terrorism at all and that even terrorism proper can under certain circumstances be justified. (shrink)

According to the dominant position in the just war tradition from Augustine to Anscombe and beyond, there is no "moral equality of combatants." That is, on the traditional view the combatants participating in a justified war may kill their enemy combatants participating in an unjustified war - but not vice versa (barring certain qualifications). I shall argue here, however, that in the large number of wars (and in practically all modern wars) where the combatants on the justified side violate the (...) rights of innocent people ("collateral damage"), these combatants are in fact liable to attack by the combatants on the unjustified side. I will support this view with a rights-based account of liability to attack and then defend it against a number of objections raised in particular by Jeff McMahan. The result is that the thesis of the moral equality of combatants holds good for a large range of armed conflicts while the opposing thesis is of very limited practical relevance. (shrink)

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 of rights (...) forfeiture, the value of human life and its limits, and the principles of reciprocity and precaution. While the author’s analysis is primarily philosophical, it is informed by a metaethical stance that also places heavy emphasis on existing law and legal scholarship. In doing so, the book appeals to widely shared moral intuitions, precepts, and concepts grounded in criminal law. Self-Defense, Necessity, and Punishment offers the most comprehensive and systematic account of the ethics of self-defense. It will be of interest to scholars and graduate students working in applied ethics and moral philosophy, philosophy of law, and political philosophy. (shrink)

I argue in this paper that traditional just war theory did allow private, indeed even individual war, and that arguments in support of a legitimate authority criterion, let alone in support of the “priority” of this criterion, fail. I further argue that what motivates the insistence on “legitimate authority” is the assumption that doing away with this criterion will lead to chaos and anarchy. I demonstrate that the reasoning, if any, underlying this assumption is philosophically profoundly confused. The fact of (...) the matter is that wars need not necessarily be authorized by some higher authority (such as a king, president, or parliament) in order to be justified, and this moral fact does not need to chaos and anarchy. Accordingly, the criterion of legitimate authority cannot be relied on to delegitimate individual war, private war, guerrilla war, or even terrorism. Finally, I consider some other defenses of authorization and demonstrate that the “authorization” these accounts defend is either not needed for justification or already provided by other just war criteria or, indeed, entirely fictitious. (shrink)

Victor Tadros thinks the idea that in a conflict both sides may permissibly use force should (typically) be rejected. Thus, he thinks that two shipwrecked persons should not fight for the only available flotsam (which can only carry one person) but instead toss a coin, and that a bomber justifiably attacking an ammunitions factory must not be counterattacked by the innocent bystanders he endangers. I shall argue that Tadros’s claim rests on unwarranted assumptions and is also mistaken in the light (...) of the moral reasoning that he himself offers in support of his ‘means principle’. (shrink)

In the tradition of just war theory two assumptions have been taken pretty much for granted: first, that there are quite a lot of justified wars, and second, that there is a moral inequality of combatants, that is, that combatants participating in a justified war may kill their enemy combatants participating in an unjustified war but not vice versa. I will argue that the first assumption is wrong and that therefore the second assumption is virtually irrelevant for reality. I will (...) also argue, primarily against Jeff McMahan, that his particular thesis about the moral inequality of “just” and “unjust combatants” is an analytical truth which, however, does hardly apply to anything (there are few if any “unjust combatants” as he defines them). If one takes his thesis less literally, namely in the sense of a thesis about combatants participating in a justified war and combatants participating in an unjustified war, it is correct in principle, but still of little practical relevance even if one disregarded the fact that there are virtually no justified wars. One of the reasons for this is that, contrary to McMahan’s claims, justification does not defeat liability. (shrink)

I argue that the criterion of just cause is not independent of proportionality and other valid jus ad bellum criteria. One cannot know whether there is a just cause without knowing whether the other (valid) criteria (apart from ‘right intention’) are satisfied. The advantage of this account is that it is applicable to all wars, even to wars where nobody will be killed or where the enemy has not committed a rights violation but can be justifiably warred against anyway. This (...) account also avoids the inefficiency of having proportionality considerations come up at two different points: in a separate criterion of just cause and in the criterion of proportionality proper. ‘Right intention’, the subjective element of the justification of a war, on the other hand, is not to be subsumed under the criterion of just cause: there can be a just cause without anybody knowing it. Conversely, however, the subjective element requires that those responsible for waging the war do know that the justifying objective conditions are fulfilled. This is in one sense more demanding than traditional just war theory; in another sense, however, it is less demanding: nobody needs to intend to fight for a ‘just aim’. (shrink)

Thomas Pogge claims "that, by shaping and enforcing the social conditions that foreseeably and avoidably cause the monumental suffering of global poverty, we are harming the global poor ... or, to put it more descriptively, we are active participants in the largest, though not the gravest, crime against humanity ever committed." In other words, he claims that by upholding certain international arrangements we are violating our strong negative duties not to harm, and not just some positive duties to help. I (...) shall argue that even if Pogge were correct in claiming that certain rich states or at least the rich states collectively violate certain negative duties towards the poor and harm the poor, he is far too hasty in concluding that "we," the citizens of those states, are thus harming the global poor or violating our negative duties towards them. In fact, his conclusion can be shown to be wrong not least of all in the light of some of his own assumptions about collective responsibility, the enforceability of human rights, and terrorism. In addition, I will also argue that his view that we share responsibility for the acts of our political "representatives," who allegedly act "on our behalf," is unwarranted. (shrink)

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 be explained by conceiving of self-defense also as (...) a claim-right. However, I will also argue that a claim-right cannot ground the self-defense justification either. Rather, what grounds the self-defense justification and its particular strength and scope is the fact that self-defense is an act-specific agent-relative prerogative: a defender is allowed to give particularly grave weight to his interest in engaging in self-defense, which distinguishes self-defense from most other acts. This is not the same as saying that he has a right or a liberty to engage in self-defense. Thus, self-defense, understood as a normative concept, is a claim-right, a liberty-right, and an act-specific agent-relative prerogative. (shrink)

abstract Can torture be morally justified? I shall criticise arguments that have been adduced against torture and demonstrate that torture can be justified more easily than most philosophers dealing with the question are prepared to admit. It can be justified not only in ticking nuclear bomb cases but also in less spectacular ticking bomb cases and even in the so‐called Dirty Harry cases. There is no morally relevant difference between self‐defensive killing of a culpable aggressor and torturing someone who is (...) culpable of a deadly threat that can be averted only by torturing him. Nevertheless, I shall argue that torture should not be institutionalised, for example by torture warrants. (shrink)

I argue that the often-heard claim that all serious present-day political philosophers subscribe to the principle of equal respect and concern or to the doctrine of equal moral status or are in some other fundamental sense egalitarians is wrong. Also wrong is the further claim that the usual methods currently used in political philosophy presuppose basic equality. I further argue that liberal egalitarianism itself is wrong. There is no universal duty “of equal respect and concern” towards every person, for one (...) does not owe one’s nice sister and a serial rapist equal respect and concern. There is also no duty of the state to respect all citizens equally, for a state need not be equally concerned about murderous criminals on the one hand and their innocent victims on the other. The potential maneuver of saving liberal egalitarianism by claiming that people have equal rights is unsuccessful. Human beings clearly do not have equal rights, nor are they born with equal rights; and merely having an equality of some rights, for example of “basic” or human ones, would not suffice for egalitarianism. Appeals to “recognition respect” and related concepts are also to no avail. Trying to go back still a step further and to claim that certain rights inequalities or justified discriminatory rules are themselves “grounded” in equal respect and concern at some deeper, norm-generating level (like, for example, the original position or a discourse-ethical principle of justification) is also futile. Finally, I argue that the “This is not what we mean”-strategy of escaping the above arguments reduces egalitarianism to triviality and empty rhetoric. Liberal egalitarianism should be abandoned. (shrink)

Practically all modern definitions of war rule out that individuals can wage war. They conceive of war as a certain kind of conflict between groups. In fact, many definitions even restrict the term “war” to sustained armed conflicts between states. Instead of taking such definitions as points of departure, the article starts from scratch. I first explain what an explication of the concept of “war” should achieve. I then introduce the fundamental, and frequently overlooked, distinction between war as an historical (...) event and war as an action. It is war as action—which, unlike events, can be right or wrong—that I explicate. Testing our linguistic intuitions with different examples of conflict I isolate several criteria that a war proper has to fulfill and try to demonstrate that not only collectives but individuals, too, can wage war. In conclusion I examine alternative definitions of war and show that in comparison to them mine fares rather well. (shrink)

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. (shrink)

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 (...) "duty to retreat" misinterpret the law, and a correct interpretation of the law is not only compatible with, but implies a permission to resist the "bloodless invader," and this is also the correct view from the perspective of morality. Second, Rodin's remarks on the proportionality of self-defense against conditional threats focus on physical or material harm but implausibly ignore the severity of the violations of autonomy and of the socio-legal or moral order that such conditional threats involve. Third, I will address Rodin's claim that defensive wars against "political aggression" are disproportionate because they risk the lives of those defended in an attempt to secure lesser interests. I will argue that this take on proportionality misses the point in an important respect, namely by confusing wide and narrow proportionality, and makes unwarranted assumptions about the alleged irrationality or impermissibility of incurring or imposing lethal risks to safeguard less vital interests. Next, I will also show that while Rodin talks of a "myth of national self-defense" and of the necessity of moving beyond traditional just war theory and international law, it is actually his interpretation of just war theory and international law that weaves myths. Finally, I will argue that Rodin's views on national self-defense on the one hand, and "war as law enforcement" on the other, are incoherent. (shrink)

I focus on the question as to what rationale could possibly underlie the doctrine of double effect or related principles. I first briefly review the correct critiques of the claim that people who intend some evil as a means to a good must be “guided by evil,” and that this is allegedly always wrong. I then argue that Quinn’s claim that violations of the DDE express certain negative attitudes of the agent and that agents violating the DDE must make an (...) additional morally problematic presumption regarding their victims is mistaken. Tadros claims that an agent violating the means principle must force his victims to adopt his goals. I demonstrate that the difference Tadros tries to construe between an agent inflicting intended harm and an agent inflicting merely foreseen harm is non-existent. Sarch’s official rationale for the DDE also fails to distinguish harming as a means from side-effect harming, and reformulations of his rationale that suggest themselves run into severe problems. Walen’s defense of the means principle in terms of the “restricting claims principle” and Øverland’s appeal to “moral obstacles” are susceptible to counter-examples and appear to be question-begging. Recently, Walen has offered a revised formulation of his Restricting Claims Principle, claiming that it overcomes counter-examples and explains the means principle. I will argue that it contradicts the means principle and does not overcome the counter-examples. Thus I conclude that so far we are still left without a reasonable rationale for the DDE or related principles. (shrink)

McMahan argues that justification defeats liability to defensive attack (which would undermine the thesis of the "moral equality of combatants"). In response, I argue, first, that McMahan’s attempt to burden the contrary claim with counter-intuitive implications fails; second, that McMahan’s own position implies that the innocent civilians do not have a right of self-defense against justified attackers, which neither coheres with his description of the case (the justified bombers infringe the rights of the civilians) nor with his views about rights (...) forfeiture, is unsupported by independent argument, and, in any case, extremely implausible and counter-intuitive; and third, that his interpretation of the insulin case confuses the normative relations between an agent’s justification and non-liability on the one hand and permissible or impermissible interference with the agent’s act on the other. Similar confusions, fourth, affect his discussion of liability to compensation. (shrink)

In present-day political and moral philosophy the idea that all persons are in some way moral equals is an almost universal premise, with its defenders often claiming that philosophical positions that reject the principle of equal respect and concern do not deserve to be taken seriously. This has led to relatively few attempts to clarify, or indeed justify, 'basic equality' and the principle of equal respect and concern. Such clarification and justification, however, would be direly needed. After all, the ideas, (...) for instance, that Adolf Hitler and Nelson Mandela have equal moral worth, or that a rape victim owes equal respect and concern to both her rapist and to her own caring brother, seem to be utterly implausible. Thus, if someone insists on the truth of such ideas, he or she owes his or her audience an explanation. The authors in this volume - which breaks new ground by engaging egalitarians and anti-egalitarians in a genuine dialogue - attempt to shed light into the dark. They try to clarify the concepts of "basic equality", "equal moral worth","equal respect and concern", "dignity," etc; and they try to justify-or to refute-the resulting clarified doctrines. The volume thus demonstrates that the claim that all persons have equal moral worth, are owed equal concern and respect, or have the same rights is anything but obvious. This finding has not only significant philosophical but also political implications. (shrink)

A detailed, clear, and comprehensive overview of the current philosophical debate on. The question of when, and under what circumstances, the practice of torture might be justified has received a great deal of attention in the last decade in both academia and in the popular media. Many of these discussions are, however, one-sided with other perspectives either ignored or quickly dismissed with minimal argument. In On the Ethics of Torture, Uwe Steinhoff provides a complete account of the philosophical debate surrounding (...) this highly contentious subject. Steinhoff’s position is that torture is sometimes, under certain narrowly circumscribed conditions, justified, basing his argument on the right to self-defense. His position differs from that of other authors who, using other philosophical justifications, would permit torture under a wider set of conditions. After having given the reader a thorough account of the main arguments for permitting torture under certain circumstances, Steinhoff explains and addresses the many objections that have been raised to employing torture under any circumstances. This is an indispensible work for anyone interested in one of the most controversial subjects of our times. (shrink)

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 believes that the act token is an effective (...) form of resistance or the act token belongs to an act type that usually functions as a means to resist an attack. While resistance is effective in making the attack more difficult, it can often be overcome and therefore does not necessarily stop or mitigate the attack. This concept of self-defense, I shall argue, not only matches ordinary language use and plausible accounts of self-defense in the legal literature but also has important practical implications in helping to avoid confusions about necessity and proportionality. In particular, it avoids the notorious problem of the “knowingly helpless rape victim” whose futile struggle against the rapist (futile in terms of averting or mitigating harm) counter-intuitively could not count as justified self-defense on an instrumentalist account. (shrink)

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 to be killed in (...) defense against theft or minor assaults. While there is a general moral right of self-defense and a general right to life, the scope of these rights depends on certain social facts that—even within a liberal framework—can differ from one society to another. Moreover, the proportionality of self-defense does not depend on the rights of the aggressor alone, but also on a precautionary rule, shaped by the balance of interests of the society in question and aimed at protecting innocent people and other social interests. This rule can protect an aggressor even in cases where he does not have the right to such protection. (shrink)

A standard example of a justified aggressor is the tactical bomber who is about to destroy an ammunitions factory in a proportionate, justified military attack, full well knowing that an innocent civilian bystander will also be killed by his attack (“collateral damage”). Intuitively it seems hard to believe that the innocent bystander threatened by the tactical bomber is morally prohibited from killing him in self-defense. Yet, Stephen R. Shalom indeed endorses such a prohibition. I shall argue that all the examples (...) Shalom offers in support of his view are disanalogous to the case in question, and provide examples that are analogous and strongly suggest that Shalom’s claim leads to counter-intuitive implications. Moreover, I will provide a clear-cut case that demonstrates that Shalom cannot rely on a general principle prohibiting lethal violence against permissible violence. Thus, I conclude that Shalom has failed to provide a convincing argument in support of his case. (shrink)

Helen Frowe has recently offered what she calls a “practical” account of self-defense. Her account is supposed to be practical by being subjectivist about permissibility and objectivist about liability. I shall argue here that Frowe first makes up a problem that does not exist and then fails to solve it. To wit, her claim that objectivist accounts of permissibility cannot be action-guiding is wrong; and her own account of permissibility actually retains an objectivist (in the relevant sense) element. In addition, (...) her attempt to restrict subjectivism primarily to “urgent” situations like self-defense contradicts her own point of departure and is either incoherent or futile. Finally, the only actual whole-heartedly objectivist account she criticizes is an easy target; while those objectivist accounts one finds in certain Western European jurisdictions are immune to her criticisms. Those accounts are also clearly superior to hers in terms of action-guidingness. (shrink)

Arguing against the doctrine of double effect, Bennett claims that the terror bomber only intends to make his victims appear dead. An obvious reply is that he intends to make them appear dead by killing them. I argue that the alleged refutations of this reply rest on a mistaken test question to determine what an agent intends, as Bennett's own test question confirms, and that Bennett is misled by confusing metaphorical death and literal death. Moreover, Bennett's argument is half-hearted anyway, (...) and going the whole way would not only undermine the DDE but also Quinn's revision of it. (shrink)

I shall argue that in some wars both sides are (as a collective) justified, that is, they can both satisfy valid jus ad bellum requirements. Moreover, in some wars – but not in all – the individual soldiers on the unjustified side (that is, on the side without jus ad bellum) may nevertheless kill soldiers (and also civilians as a side-effect) on the justified side, even if the enemy soldiers always abide by jus in bello constraints. Traditional just war theory (...) and self-proclaimed “revisionist” just war theory think otherwise since the former focuses on the law enforcement or public authority justification for inflicting harm and the latter on the self-defense justification. These are both intrinsically asymmetrical justifications: there is no justified self-defense (properly understood) against justified self-defense, nor is there justified law-enforcement against justified law-enforcement. However, there can, as I will show, be justified self-defense against force that is justified by a necessity justification, and there can be force justified by a necessity justification being used against force that is also justified by a necessity justification. The necessity justification is not intrinsically asymmetrical, and it is an indispensable justification in the context of war. Moreover, with regard to some forms of inflicting harm on others one may give special weight to one’s own interests and the interests of those to whom one has special responsibilities when assessing the proportionality of those acts. That is, the proportionality calculation may be agent-relative. This is in particular so in the case of foreseeably preventing innocent and non-threatening people from being saved (for instance, by shooting down a tactical bomber who would have saved them by destroying an ammunitions factory) but less so in the case of the intentional or foreseeable direct harming of innocent and non-threatening people (dropping bombs on people standing near an ammunitions factory). In the light of these considerations, I will then answer the question as to when soldiers may justifiably participate in war (and when not). (shrink)

Jürgen Habermas seeks to defend the Enlightenment and with it an "emphatical", "uncurtailed" conception of reason against the post-modern critique of reason on the one hand, and against so-called scientism (which would include critical rationalism and the greater part of analytical philosophy) on the other. His objection to the former is that it is self-contradictory and politically defeatist; his objection to the latter is that, thanks to a standard of rationality derived from the natural sciences or from Weber's concept of (...) purposive rationality, it leaves normative questions to irrational decisions. Habermas wants to offer an alternative, trying to develop a theory of communicative action that can clarify the normative foundations of a critical theory of society as well as provide a fruitful theoretical framework for empirical social research. This study is a comprehensive and detailed analysis and sustained critique of Habermas' philosophical system since his pragmatist turn in the seventies. It clearly and precisely depicts Habermas' long chain of arguments leading from an analysis of speech acts to a discourse theory of law and the democratic constitutional state. Along the way the study examines, among other things, Habermas' theory of communicative action, transcendental and universal pragmatics and the argument from "performative contradictions", discourse ethics, the consensus theory of truth, Habermas' ideas on developmental psychology, communicative pathologies and social evolution, his theory of social order, the analysis of the tensions between system and lifeworld, his theory of modernity, and his theory of deliberative democracy. For all Habermas students this study will prove indispensable. (shrink)

David K. Chan wants to save the DDE from the considerable criticism levelled against it, by making the moral distinction it refers to rest on a difference in desire instead of in intention. I argue that the revised version, too, is counter-intuitive and confuses the blameworthiness of an actor with the wrongness of the act. It also invites abuse instead of preventing it. Besides, Chan's DDE omits three of the four criteria of the traditional DDE, and it is couched in (...) terms of lesser objectionability, while the traditional DDE is couched in terms of permission. Therefore, Chan's DDE has so little in common with the traditional DDE that it should not even count as a revised version of it. (shrink)

Jeff McMahan has recently proposed what he calls a “combined liability-lesser-evil justification.” Its core idea is that the fact that someone has no right against the infliction of a certain lesser harm makes it easier for the necessity or lesser evil justification to justify inflicting a greater harm on him. This idea has been taken up by authors like Saba Bazargan or Helen Frowe. I will argue that McMahan’s basic idea is implausible to begin with, leads to counter-intuitive results, and (...) seems to stem from a confusion between discounting the rights of wrongdoers and “subtracting” one right from the other. I then argue that Bazargan’s conclusion that minimally responsible threats can sometimes be killed as well as certain other conclusions that Bazargan regards as a particular advantage of his “hybrid account” are single-handedly generated by one element of that account, namely by the lesser-evil discounting view. Thus, the hybrid view is redundant. Moreover, both the hybrid view and the lesser evil discounting view of killing MRTs have strongly counter-intuitive implications. Finally, I show that Frowe’s application of the combined justification to non-responsible threats is entirely arbitrary and therefore useless. “Combined liability-lesser-evil justifications” should be rejected. (shrink)

Many authors writing about global justice seem to take national responsibility more or less for granted. Most of them, however, offer very little argument for their position. One of the few exceptions is David Miller. He offers two models of collective responsibility: the like-minded group model and the cooperative practice model. While some authors have criticized whether these two models are applicable to nations, as Miller intends, my criticism is more radical: I argue that these two models fail as accounts (...) of collective responsibility as such. This result should not surprise us (liberals): there simply is no such thing as collective responsibility (in a strict sense), there is only individual responsibility. Thus individuals are not automatically responsible for the actions of their groups, nations or states, not even if they do not actively dissociate themselves from those actions. (shrink)

Thomas Pogge labels the idea that each person owes each other person equal respect and concern ‘ethical cosmopolitanism’ and correctly states that it is a ‘non-starter’. He offers as an allegedly more convincing cosmopolitan alternative his ‘social justice cosmopolitanism’. I shall argue that this alternative fails for pretty much the same reasons that ‘ethical cosmopolitanism’ fails. In addition, I will show that Pogge's definition of cosmopolitanism is misleading, since it actually applies to ethical cosmopolitanism and not to social justice cosmopolitanism. (...) This means that cosmopolitanism as defined by Pogge is wrong in the light of his own arguments and that Pogge is not even a cosmopolitan in the sense of his own definition. I will further show that he is also not a cosmopolitan if cosmopolitanism is defined as a philosophical position involving the claim that state borders have no fundamental moral significance. (shrink)

Thomas Pogge labels the idea that each person owes each other person equal respect and concern ‘ethical cosmopolitanism’ and correctly states that it is a ‘non‐starter’. He offers as an allegedly more convincing cosmopolitan alternative his ‘social justice cosmopolitanism’. I shall argue that this alternative fails for pretty much the same reasons that ‘ethical cosmopolitanism’ fails. In addition, I will show that Pogge's definition of cosmopolitanism is misleading, since it actually applies to ethical cosmopolitanism and not to social justice cosmopolitanism. (...) This means that cosmopolitanism as defined by Pogge is wrong in the light of his own arguments and that Pogge is not even a cosmopolitan in the sense of his own definition. I will further show that he is also not a cosmopolitan if cosmopolitanism is defined as a philosophical position involving the claim that state borders have no fundamental moral significance. (shrink)

Arash Abizadeh claims that ‘[a]nyone accepting the democratic theory of political legitimation domestically is thereby committed to rejecting the unilateral domestic right to control state boundaries’. He bases this conclusion on the premise that ‘to be democratically legitimate, a state’s regime of border control must result from political processes in which those subject to it—including foreigners—have a right of democratic participation’. I shall argue that this premise, even if it were correct, does not support the conclusion since ‘democratic legitimacy’ is (...) morally irrelevant: that something is ‘democratically illegitimate’ in no way suggests, let alone implies, that it is also morally impermissible or contravenes a moral right. I shall consider counter-arguments advanced against this objection by Maxime Lepoutre and Abizadeh himself and argue that they fail. Thus there is no valid democratic argument against border coercion. (shrink)

In the first part of this paper I argue that there is hardly one correct step within the chains of arguments by which Habermas tries to substantiate his theory of communicative action, discourse ethics, and his theory of social order. In the second part of the paper I address Rainer Forst’s “principle of justification,” on which a “right to justification” is supposed to be based. I argue that Forst himself does not really justify his views but instead offers merely unwarranted (...) stipulations. Moreover, I demonstrate that his theory is unclear, incoherent, inapplicable, and thus practically irrelevant. (shrink)

Yitzhak Benbaji defends the view that soldiers on both the ‘just’ and the ‘unjust’ side in a war have the same liberty right to kill one another, because soldiers have ‘tacitly accepted’ the egalitarian laws of war and thereby waived their moral rights not to be attacked. I argue that soldiers on the ‘just’ side have not accepted the egalitarian laws of war; even if they had, they would not thereby have waived their moral rights not to be attacked. Moreover, (...) the egalitarian laws of war and ‘the war convention’ are not fair and mutually beneficial, and so would not be accepted. Benbaji does not come to grips with the problem of the killing of civilians in war: his idea that states could waive the moral rights of their citizens is untenable. (shrink)

Garrett Cullity concedes that saving a drowning child from a shallow pond at little cost to oneself is not actually analogous to giving money to a poverty relief organization like Oxfam. The question then arises whether this objection is fatal to Peters Singer's argument for a duty of assistance or whether it can be saved anyway. Cullity argues that not saving the drowning child and not giving money to organizations like Oxfam are still morally analogous, that is, not giving money (...) to organizations like Oxfam is morally nearly as bad as letting the child drown. I argue that Cullity's two arguments for this conclusion, an argument from "transitivity" and an argument from collective responsibility, fail. (shrink)

Joanna Mary Firth and Jonathan Quong argue that both an instrumental account of liability to defensive harm, according to which an aggressor can only be liable to defensive harms that are necessary to avert the threat he poses, and a purely noninstrumental account which completely jettisons the necessity condition, lead to very counterintuitive implications. To remedy this situation, they offer a “pluralist” account and base it on a distinction between “agency rights” and a “humanitarian right.” I argue, first, that this (...) distinction is spurious; second, that the conclusions they draw from this distinction do not cohere with its premises; third, that even if one granted the distinction, Firth’s and Quong’s implicit premise that you can forfeit your agency rights but not your “humanitarian right” is unwarranted; fourth, that their attempt to mitigate the counterintuitive implications of their own account in the Rape case relies on mistaken ad-hoc assumptions; fifth, that even if they were successful in somewhat mitigating said counterintuitive implications, they would still not be able to entirely avoid them; and sixth, that even in the unlikely case that none of these previous five critical points are correct, Firth and Quong still fail to establish that aggressors can be liable to unnecessary defensive harm since they fail to establish that unnecessary harm can ever be defensive in the first place. (shrink)

Christopher J. Finlay claims “that a principle of moral or legitimate authority is necessary in just war theory for evaluating properly the justifiability of violence by non-state entities when they claim to act on behalf of the victims of rights violations and political injustice.” In particular, he argues that states, unlike non-state actors, possess what he calls “Lesser Moral Authority.” This authority allegedly enables states to invoke “the War Convention,” which in turn entitles even individual soldiers on the aggressive side (...) to use military violence against soldiers defending the victim state. Non-state actors, in contrast, have to fulfill more stringent requirements. If they do not, then even their attacks on military personnel can properly be called "terrorist." In the following I will argue that Finlay’s attempt to show the importance of the legitimate authority criterion of just war theory and to demonstrate that non-state violence has to satisfy heavier burdens of justification than state violence fails for a number of reasons: his claim that defenders would wrong victims if they defended them against their will is mistaken, he overlooks the fact that non-state agents need not claim to fight on someone’s behalf, the full moral authority he mentions is redundant, the powers he ascribes to “Lesser Moral Authority” are, depending on interpretation, either morally irrelevant or nonexistent, and his claim that granting states “Lesser Moral Authority” is beneficial from a “moral pragmatic” point of view while granting the same authority to non-state actors is not, is unwarranted. (shrink)

This article examines the moral issues of guerrilla, and counter-guerrilla, warfare. Just war theorists who have studied the phenomenon tend to claim that the guerrilla tactic of wearing civilian clothes and hiding among the civilian population is rather difficult, if at all, to reconcile with the ius in bello principle of discrimination (the principle according to which combatants have to distinguish between combatants and non-combatants and may only target the former “directly”). I argue that this ever-repeated assessment is profoundly confused. (...) I also argue, conversely, against the claim that this guerrilla tactic makes it somehow easier for the counter-insurgents to comply with the principle of discrimination, thereby easily allowing them to resort to tactics like area bombardment. Finally, I demonstrate that, contrary to common opinion, guerrilla war does not face greater difficulties in complying with ius ad bellum requirements than conventional or counter-insurgency war does. (shrink)

Is there is a moral obligation to militarily intervene in another state to stop a genocide from happening (if this can be done with proportionate force)? My answer is that under exceptional circumstances a state or even a non-state actor might have a duty to stop a genocide (for example if these actors have promised to do so), but under most circumstances there is no such obligation. To wit, “humanity,” states, collectives, and individuals do not have an obligation to make (...) such promises in the first place or to create institutions that would impose a legal obligation of intervention upon them. Nor do states or persons or humanity “collectively” have – originally, without specifically creating such duties by contracts or promises – any pro tanto or special duties to save strangers at considerable cost to themselves or their own citizens (including their soldiers). That is, these costs do not merely override a duty to intervene, but rather there is no such duty to begin with – as shown by the fact that in such cases of non-intervention agents would not owe those they let die any compensation: if I do not save someone’s life because saving him would have cost me my arm or would have come with a high risk of losing my own life or would have forced me to kill innocent bystanders, I do not owe this person compensation. Thus the point of this chapter is that there is no “natural” or “general” or “original” duty to militarily intervene (or to create a legal obligation) to stop a genocide. I will consider and refute a number of arguments to the contrary, for example by Lango, Tan, and Pattison. (shrink)

What one is ultimately interested in with regard to ‘just cause’ is whether a specific war, actual or potential, is justified. I call this ‘the applied question’. Answering this question requires knowing the empirical facts on the ground. However, an answer to the applied question regarding a specific war requires a prior answer to some more general questions, both descriptive and normative. These questions are: What kind of thing is a ‘just cause’ for war (an aim, an injury or wrong (...) suffered, or something different altogether)? I call this ‘the formal question’. Then there is what I call the ‘the general substantive question’. Depending on the previous answer to the formal question, the general substantive question can be formulated as: ‘Which causes are just?’ or as ‘Under what conditions is there a just cause?’ A final question, which has recently elicited increased interest, is what I call ‘the question of timing’: does the ‘just cause’ criterion only apply to the initiation of a war or also to the continuation of a war, that is, can a war that had a just cause at the beginning lose it at some point in its course (and vice versa)? I argue that a just cause is a state of affairs. Moreover, the criterion of just cause is not independent of proportionality and other valid jus ad bellum criteria. One cannot know whether there is a just cause without knowing whether the other (valid) criteria (apart from ‘right intention’) are satisfied; and this account has certain theoretical and practical advantages. As regards the general substantive question, I argue that all kinds of aims can, in principle, be legitimately pursued by means of war, even aims that might sound dubious at first, like vengeance or the search for glory. Thus, the pursuit of such aims does not make the war disproportionate or deprive it of just cause. As regards the question of timing, I argue that the criteria of jus ad bellum apply throughout the war, not only at the point of its initiation. While starting a war at t1 might be justified, continuing it at time t2 might be unjustified (and vice versa), and this insight does not require an addition to jus ad bellum but is already contained in it. (shrink)