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.

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 and (...) culpability; and he cannot account for punishment of inchoate crimes. (shrink)

The aim of this paper is twofold. First, we argue that killing a Conditional Threat usually involves an unnecessary act of self-defense, so killing this aggressor is usually morally impermissible. We defend this thesis by showing that this case is fundamentally similar to a case involving an Unconditional Threat in which the victim can flee to safety although this involves incurring a minor cost. Second, we analyze the thresholds of maximal harm that victims are required to bear before they (...) are permitted to defend themselves by harming their aggressors related to the conditions of necessity and of proportionality. We argue that the maximal harm a victim is required to bear sanctioned by the condition of necessity is, all else being equal, lower than the maximal harm that a victim must bear sanctioned by the condition of proportionality. This result is relevant for determining in which cases victims may use lethal force against Conditional Threats, both in the individual case and also in the case of war. (shrink)

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 threat. (2) (...) A more plausible account of the right to threaten says instead that the right to retaliate is primary to the right to threaten, and that the former right in turn arises because aggressors forfeit the right not to suffer retaliation. (3) The ?fair warning thesis,? according to which just punishment must be preceded by a threat, is less plausible than first appearances suggest and is therefore no serious obstacle to the view of threats described above. (shrink)

The self-defense argument maintains that, even if a fetus is a person, abortion on demand is morally permissible on the grounds that the fetus is using his mother’s body in an intimate way, and, in an unwanted pregnancy, without her ongoing consent. According to the argument, this sort of use justifies lethal self-defense on the part of the mother against her unwanted fetus. I produce a counterexample to one of the premises of this argument and show that it (...) cannot be successfully revised. I further show the underlying commitments of the self-defense argument lead to the absurd conclusion that a woman who has consensual sex that results in pregnancy thereby violates the fetus’ right to bodily autonomy and so such an act would be morally impermissible. We thereby have good reason to abandon the argument. (shrink)

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, though (...) doubts about this emphasis are also raised. The legitimacy of so-called "stand your ground" policies and laws is also addressed. This volume will be of great interest to readers in moral, political, and legal philosophy. (shrink)

People with dementia at times exhibit threatening and physically aggressive behavior toward care staff in residential aged care facilities (RACFs). Current clinical guidelines recommend judicious use of antipsychotic (AP) medications when there is an immediate risk of harm to care staff in RACFs and non-pharmacological interventions have failed to avert the threats. This article examines an account of how this recommendation can be ethically defensible: caregivers in RACFs may have a prima facie ethical justification, in certain cases, to use APs (...) as an act of self-defense. The author examines whether such uses of APs meet the three commonly invoked conditions of ethically permissible acts of self-defense—namely, the conditions of liability, proportionality, and necessity—and argues that such conditions obtain only in a restricted range of cases. The liability constraint can be satisfied if residents are the only ones who are causally responsible for the threats they pose. Further, the condition of proportionality obtains if there is sufficient objective ground to demonstrate that the harm of using the medications does not outweigh the good to be secured. Lastly, the necessity condition obtains when the medications are used at their lowest effective dosage and caregivers in RACFs can reasonably assume that, for the purpose of averting threats posed by residents, the use of APs is the only available course of action. Not meeting any of these fairly stringent conditions renders uses of APs as acts of self-defense in RACFs morally impermissible actions. -/- . (shrink)

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, examining their (...) implications for controversial cases is premature, since they don’t adequately explain permissible self-defense in even the clearest cases—that is, those in which people defend themselves against “culpable attackers”. (shrink)

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.".

Jeff McMahan rejects the relevance of desert to the morality of self-defense. In Killing in War he restates his rejection and adds to his reasons. We argue that the reasons are not decisive and that the rejection calls for further attention, which we provide. Although we end up agreeing with McMahan that the limits of morally acceptable self-defense are not determined by anyone’s deserts, we try to show that deserts may have some subsidiary roles in the morality of (...) self-defense. We suggest that recognizing this might help McMahan to answer some unanswered questions to which his own position gives rise. (shrink)

The ethics of self-defense is dominated by the Orthodox View, which claims that at least some cases of self-defensive assault are permissible. I defend the radical view that there are no permissible instances of self-defensive assault. My argument proceeds as follows: Every permissible act of self-defensive assault could, in principle, have its permissibility be massively overdetermined. Such ‘super-permissible’ acts of assault are ones in which agents are objectively permitted to perform those acts in morally trivializing or (...) cavalier fashion: that is, agents need not ‘think twice’ about inflicting or permitting harm and are permitted to assault persons as if it were morally insignificant. Yet this is never true, since assaulting persons is always morally serious. It follows that there are no acts of permissible self-defensive assault. (shrink)

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 (...) outrun thc truck. Fortunately, this is not pure nightmare: you just happen to have em antitank gun with you, and can blow up the truck. Of course, if you do this you will kill thc driver, but that does not matter; it is morally permissible for you to blow up thc truck, driver and 211, in defense of your life. (shrink)

This article attemps to provide a good defense for battered women who kill their sleeping husbands, particularly in cases where it is judged that she was mistaken in her assumption of the need to exercise self-defense. Proceeding from the distinction between the imputation of an act to an actor and the imputation of blame to an actor for criminally prohibited conduct , the article moves on to a discussion of the relevance of mistakes as to justifying circumstances under the (...) criminal law. Although some attention is given to the theoretically sound solution to the problem raised by the unknowingly justified actor, primary emphasis is placed on the putatively justified actor. The argument is advanced that the false assumption of justifying circumstances negates the imputation of wrongful conduct to an actor, rather than negating the imputation of blame to him for his wrongful conduct. Accordingly, criminal liability can only attach to an individual acting in putative self-defense, for example, if that individual was negligent for making the mistake . The standard for judging negligence in the United States is that of the so-called "reasonable person". A great deal of discussion in the U.S. scholarly literature has been revolving around the question of whether an "objective" or "subjective" standard of reasonableness should be employed when determining whether an individual acted reasonable and thus non-negligently. This article argues for a "subjective" standard for the criminal law, as opposed to an "objective" standard, which is claimed to have more relevance for tort law . Finally, the claim is made that a battered woman who kills her sleeping husband should be given the benefit of the self-defense justification under the U.S. law approach to self-defense. If the woman is mistaken as to the need to exercise self-defense, then wrongful conduct should be imputed to her only on the basis of whether her mistake was subjectively unreasonable and thus negligent . Der Aufsatz liefert Argumente dafür, daß eine "battered woman" für die Tötung ihres schlafenden Ehemannes strafrechtlich nicht zur Verantwortung gezogen werden kann, und zwar insbesondere dann nicht, wenn sie irrig Umstände annimmt, die, wenn sie vorlägen, die Handlung der Frau unter Notwehrgesichtspunkten rechtfertigen würden. Die Unterscheidung zwischen der Zurechnung eines Vorgangs als Handlung und der Zurechnung einer rechtswidrigen Tat zur Schuld wird vorangeschickt . Dann wird die strafrechtliche Relevanz von Irrtümern über rechtfertigende Umstände besprochen. Zwar wird die theoretisch richtige Lösung auch solcher Fälle diskutiert, bei denen der Täter rechtfertigende Umstände verkennt. Doch wird die Betonung auf die Fälle der Putativnotwehr gelegt, wobei die These vertreten wird, daß die irrige Annahme von rechtfertigenden Umständen die Zurechnung des Vorgangs als Totschlagshandlung und nicht erst die Zurechnung zur Schuld ausschließt. Daraus läßt sich entnehmen, daß der Täter, der in Putativnotwehr handelt, strafrechtlich nur dann verantwortlich ist, wenn sein Irrtum auf Fahrlässigkeit beruht . In den U.S.A. wird die Frage, ob jemand fahrlässig gehandelt hat oder nicht, danach beantwortet, ob eine "reasonable person" in der gegebenen Situation genauso wie der Täter gehandelt hätte. Zur Zeit findet eine lebhafte Diskussion darüber statt, ob dieser Maßstab "objektiv" oder "subjektiv" aufzufassen sei. Anders ausgedrückt: Es wird die Frage gestellt, ob die Geschworenen die Annahmen eines Durchschnittsmenschen oder aber die eines Menschen mit den persönlichen Merkmalen und Erfahrungen des Angeklagten in ihren Überlegungen darüber heranziehen sollten, ob dieser hypothetische Mensch einem Irrtum wie dem des Angeklagten erlegen wäre. Der Aufsatz spricht sich, was strafrechtliche Urteile angeht, für den "subjektiven" und gegen den "objektiven" Maßstab aus, der statt dessen für die deliktsrechtlichen Urteile der angemessenere zu sein scheint . Die Ergebnisse dieser Argumentationen werden dann auf den Fall der "battered woman" angewandt. Es wird gezeigt, daß die geschundene Frau, die ihren schlafenden Ehemann tötet, nach dem U.S. Model Penal Code unter Notwehrgesichtspunkten gerechtfertigt sein kann. Sollte es im Einzelfall so sein, daß die Frau sich über die Erforderlichkeit der Notwehrhandlung geirrt hat, dann kann ihr die Handlung nur dann zugerechnet werden, wenn der Irrtum im "subjektiven" Sinne fahrlässig gewesen ist. (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)

The thesis of this paper is that it is possible to explain why a culpable aggressor forfeits his right not to suffer the harm necessary to prevent his aggression if a killer forfeits his right to life. I argue that this strategy accounts also for the necessity restriction on self-defense. I respond to several objections, including the worry that it makes no sense to attempt a derivation of the relatively uncontroversial from the highly controversial.

This paper reflects on the current war on Gaza in 2024 that followed the Hamas attack on October 7th 2023, reading the events is a wider historical context. The paper has three main parts. In the first part, the paper argues against the fragmentation of the question of Palestine historically and geographically, arguing instead for the importance of the overall context of the conflict. The second part considers the issue of Palestinian resistance. How can the Palestinians resist occupation? This part (...) is mainly descriptive and indicates the impasse that the Palestinians found themselves in it after the Oslo accords in 1993. The third and last part moves to normative questions regarding the question of self-defense both on the part of the Palestinians and on the part of Israel and tries to outline the ways these arguments can develop. (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)

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, the (...) harm is necessary to avert that threat. The first and second conditions have been exhaustively discussed, but the third has been oddly neglected. Meanwhile a prominent school of thought has arisen, in the ethics of war, which seeks to ground the justification of killing in war in principles of individual self-defense. They too have failed to offer any substantive analysis of necessity, while at the same time appealing to it when it suits them to do so. In this paper, I attempt a detailed analysis of the necessity constraint on defensive force, and explore the implications of that analysis for the attempt to transpose principles of individual self-defense into the context of warfare. (shrink)

The right to self‐defense has played a major role in objections to gun regulation. Many contend that gun regulations threaten this right. While much philosophical discussion has focused on the relation between guns and this right, less attention has been paid to the argument for the right of self‐defense itself. In this article, I examine this argument. Gunrights defenders contend that the right of self‐defense is needed to explain why interferences in self‐defense are wrong. I propose (...) an alternative explanation for such wrongs, one which does not posit the existence of a self‐defense right, and then show how it undermines their claim that there exists a strong presumption against gun regulation. I conclude by articulating the implications of this alternative explanatory account for other rights. (shrink)

In this essay I analyze and defend the common sense moral conviction that terrorism, i.e., the use of violence against civilians for political or military purposes, is always morally impermissible. Terrorism violates the fundamental moral prohibition against harming the innocent, even to produce greater overall good. It is therefore just the sort of case that serves as a refutation of consequentialist moral theories. From a deontological perspective, the only remotely plausible forms of justification for a terrorist act would be that (...) it constitutes a form of justifiable punishment of the guilty, or that it is legitimate self-defense against an aggressor. But an examination of the fundamental moral and legal principles of punishment and self-defense demonstrates that neither of these claims can succeed. Since terrorism cannot be justified either as punishment or as self-defense, it cannot be morally justified at all. (shrink)

Book review of Øyvind Kvalnes: Moral reasoning at work: Rethinking ethics in organizations. Palgrave Macmillan, 2015. 108 pages.First published online: 22 MARCH 2016.

Suzanne Uniacke, Permissible Killing: The Self?Defense Justification of Homicide Cambridge University Press, 1994, 231 pp.

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.

This is the text of The Lindley Lecture for 1976, given by Judith Jarvis Thomson, an American philosopher.

Baatz’s excellent discussion moves the debate forward in two ways that I will focus on here: first, by articulating an attractive view based on the notion of what can reasonably be demanded of individuals, and second, by providing a helpful overview of much of the existing literature. In what follows I suggest three ways Baatz and others might further clarify and build on these contributions in future research.

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, (...) Defender, kills another, Threatener, who has loaded one bullet into a revolver, spun the chambers, pointed the gun at Defender’s head, and started to squeeze the trigger.1 We think that Defender was justified in killing even if we discover that the chamber was in fact empty. (Let us refer to this as the ‘‘Roulette case.’’) We accept, however, that if Apparent Defender had known with certainty that the chamber was empty and that Apparent Threatener would (or could) have pulled the trigger only once, it would have been pointless and therefore wrong to kill her. (shrink)

On September 11th, an apparent gang of nineteen people set to work, equipped with the little tools you use to unseal the tape on cardboard boxes. About an hour later, they destroyed several giant buildings and four jumbo airplanes, murdering several thousand people from all over the world and from all walks of life.

I try to show that agent responsibility is an inadequate basis for the attribution of liability, by discrediting the Risk Argument and showing how the Responsibility Argument in fact collapses into the Risk Argument. I have concentrated on undermining these as philosophical theories of self-defense, although I at times note that our theory of self-defense should not be predicated on assumptions that are inapplicable to the context of war. The potential combatant, I conclude, should not look to the (...) agency view to ease his conscience about the killing he will do in war. If he is to fight without violating rights, then he will need a different theory of self-defense; if there are no more defensible theories, then he must either accept pacifism—which I think is a live possibility—or seek to identify stronger countervailing reasons, which can override the great force of his victims’ rights to life. (shrink)

According to Theistic Defensive Incompatibilism, common theistic commitments limit the scope or explanation of permissible self-defense. In this essay, I offer six original arguments for Theistic Defensive Incompatibilism. The first four arguments concern narrow proportionality: the requirement that the defensive harm inflicted on unjust threateners not exceed the harm they threaten. Hellism, Annihilationism, and Danteanism each imply that narrow proportionality is rarely satisfied, whereas Universalism implies that killing never harms. The final two arguments concern wide proportionality, or the requirement (...) that defensive harm not excessively harm non-liable third parties. Omnisubjectivity and Divine Love imply that wide proportionality is rarely satisfied. (shrink)

If there are rights there is surely a right to self-defense. But self-defense has proved very puzzling to rights theorists. The central puzzle has been called the "paradox of self-defense": If our right not to be harmed gives rise to our right to fight back, what happens to the attacker's right not to be harmed when the defender fights back? If the attacker somehow forfeits his right to self-defense because he is a bad actor, what do (...) we say about innocent threats? I argue that these problems stem from a confusion about the nature of rights. (shrink)

In this paper I bring together self-defense theory and animal rights theory. The extension of self-defense theory to animals poses a serious problem for proponents of animal rights. If, in line with orthodox self-defense theory, a person is a legitimate target for third-party self-defensive violence if they are responsible for a morally unjustified harm without an acceptable excuse; and if, in line with animal rights theory, people that consume animal products are responsible for unjustified harm to (...) animals, then many millions, if not billions, of otherwise law abiding and decent people will be legitimate targets for third-party self-defense violence on behalf of animals. I call this problem: the multiple inappropriate targets problem for animal rights. (shrink)

For those who believe in the values of liberalism and democracy the state is under a political obligation to seek the common welfare of its citizens. In furtherance of this domestic duty, it retains among its external rights and powers that right of self-defense which has been assigned to states under other ideologies.

Sometimes victims cannot defend themselves against the threat posed to them, but they can nevertheless harm or even kill their aggressors. Since they cannot defend themselves, it is unclear how such harming can be justified under the title of self-defense. According to the “Honor Solution,” by violently resisting their aggressors, victims do (partially) defend themselves because they protect their honor. Blake Hereth recently argued that this solution is incompatible with the feminist commitment that sexual assault victims ought not to (...) be shamed or dishonored. The purpose of my paper is to reject Hereth's criticism and defend the Honor Solution. (shrink)