Mistaken Defense and the Unbundling of Rights

Ethics 135 (3):428-457 (2025)
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Abstract

Central to the ethics of harm is the project of developing a theory of when and why persons forfeit rights to not be harmed. I argue that standard accounts of forfeiture are too coarse-grained to make sense of a range of cases involving “merely apparent attackers.” Making sense of these cases requires that we distinguish between the forfeiture of rights and the forfeiture of the contingent, moral “perks” of those rights. Appreciating this distinction has various upshots for the theory of forfeiture and may also bear fruit in other domains of moral philosophy.

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David Clark
Northern Illinois University

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References found in this work

Self-defense.Judith Jarvis Thomson - 1991 - Philosophy and Public Affairs 20 (4):283-310.
Hypocrisy, Moral Address, and the Equal Standing of Persons.R. Jay Wallace - 2010 - Philosophy and Public Affairs 38 (4):307-341.
Necessity in Self-Defense and War.Seth Lazar - 2012 - Philosophy and Public Affairs 40 (1):3-44.
The Moral Grounds of Reasonably Mistaken Self-Defense.Renée Jorgensen Bolinger - 2020 - Philosophy and Phenomenological Research 103 (1):140-156.
The Realm of Rights.Judith Jarvis Thomson - 1990 - Law and Philosophy 11 (4):449-455.

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