The existence of predatory animals is a problem in animal ethics that is often not taken as seriously as it should be. We show that it reveals a weakness in Tom Regan's theory of animal rights that also becomes apparent in his treatment of innocent human threats. We show that there are cases in which Regan's justice-prevails-approach to morality implies a duty not to assist the jeopardized, contrary to his own moral beliefs. While a modified account of animal (...) rights that recognizes the moral patient as a kind of entity that can violate moral rights avoids this counterintuitive conclusion, it makes non-human predation a rights issue that morally ought to be subjected to human regulation. Jennifer Everett, Lori Gruen and other animal advocates base their treatment of predation in part on Regan's theory and run into similar problems, demonstrating the need to radically rethink the foundations of the animal rights movement. We suggest to those who, like us, find it less plausible to introduce morality to the wild than to reject the concept of rights that makes this move necessary to read our criticism either as a modus tollens argument and reject non-human animal rights altogether or as motivating a libertarian-ish theory of animal rights. (shrink)

abstract Michael Otsuka claims that it is impermissible to kill innocent threats because doing so is morally equivalent to killing bystanders. I show that Otsuka's argument conflates killing as a means with treating a person herself as a means. The killing of a person can be a means only if that person is instrumental in the threat to Victim's life. A permission to kill a person as a means will not permit killing bystanders. I also defend a permission (...) to kill innocent threats against Otsuka's Trolley Cases. Otsuka depicts a person tied to an oncoming trolley as a bystander. I argue that such characters are threats whom Victim can permissibly kill. (shrink)

This essay considers how the fact that some morally innocent person is nevertheless a threat to others can bear on the permissibility of health policies that harm some to protect others. Two types of innocent threats are distinguished. In the case of abortion, it is argued that even if the embryo/fetus were a person, abortion could be permissible to protect a woman’s life, health, or bodily autonomy. Whether there nevertheless should be time limits on abortions and what (...) surprising form such limits might take are also considered. In the case of pandemics, it is suggested that discussions of health policies should, but often do not, distinguish morally between innocent threats and their potential victims as well as between providing benefits to people and preventing harms to them. The essay also examines discussions of pandemics by health professionals that make use of the trolley problem, the doctrine of double effect, and related philosophical distinctions. (shrink)

Academic dishonesty (AD) is a threat to quality education, ethics of professional practices and career outcomes. Psychopathy is connected to AD. This study investigated whether academic confidence (AC) mediates the relationship between psychopathy and AD. University students (N = 335, mean age = 18.38 years) completed measures of relevant variables, in addition to providing demographic details. Results of statistical analysis showed that AC mediated the association between primary psychopathy and AD. Considering the extent of students' belief, trust and expectation that (...) they can execute their academic tasks by themselves could be important target in enhancing ethical behaviors among students. (shrink)

The moral right to act in self-defense seems to be unproblematic: you are allowed to kill an aggressor if doing so is necessary for saving your own life. Indeed, it seems that from the moral standpoint, acting in self-defense is doing the right thing. Thanks, however, to works by George Fletcher and Judith Thomson, it is now well known how unstable the moral basis of the right to self-defense is. We are in the dark with regard to one of the (...) most basic problems raised by this right, namely: the problem of the innocent aggressor. The disturbing question is simple enough: Is a potential victim allowed to kill, in self-defense, a morally innocent aggressor? (shrink)

Imagine that, through no fault of your own, you nd yourself at the bottom of a deep well. Thugs have picked up an innocent person | call him Bob | and have thrown him down the well. Bob is now falling towards you. If you do nothing, your body will cushion Bob's otherwise lethal fall. This will guarantee his survival, but it will kill you. If you shoot your ray gun, you vaporize and kill Bob, thereby saving your life. (...) Are you morally permitted to shoot your ray gun?Most people believe that self-defence against an innocent threat such as Bob is permissible. Judith Thomson (1991) and Frances Kamm (1987) have tried to justify this widely held belief. Jeff McMahan (2002) and Michael Otsuka (1994) have argued against it. In this paper, I contend that arguments from both sides of the debate mistakenly take the existence of an important asymmetry between Bob and you for granted. That way, they miss how similar Bob and you are, in that both of you happen to nd yourselves, undeservingly and through no fault of your own, in a situation in which you can secure your own survival only if you kill an innocent person. In this paper, I argue that despite certain differences, we are justi ed in focusing on the simliarities between Bob and you, and that you should thus flip a coin to decide who should live (cf. Broome, 1991). By flipping a coin, you ensure that an indivisible good -- continuing one's life -- is distributed as fairly as is possible without wasting it. (shrink)

Although people generally agree that innocent targets of culpable aggression are justified in harming the aggressors in self-defence, there is considerable disagreement regarding whether innocents are justified in defending themselves when their doing so would harm other innocent people. I argue in this essay that harming innocent aggressors and active innocent threats in self-defence is indeed justified under certain conditions, but that defensive actions in such cases are justified as permissions rather than as claim rights. (...) This justification therefore differs from that of self-defence against culpable aggressors, since defensive acts of the latter type are justified as claim rights rather than mere permissions. I argue, however, that the two justifications are alike in that both rest on considerations of distributive justice. (shrink)

Philosophers have had trouble defending the common sense view that it is permissible to impose significant cost on an innocent person who is about to harm you to prevent the harm from occurring. In this paper, I argue that such harm can be justified if one pays attention to the moral significance of imposing a cost on others. The constraint against harming people who give rise to cost by their presence or movements is weaker than the constraint against harming (...) bystanders. Moreover, I argue that people who give rise to cost have a duty to take on some of that cost to help protect the person under threat. (shrink)

In the Summer 2017 NCBQ, Joshua Evans strongly criticized arguments made by Charles Camosy about the possibility of a prenatal child being a material mortal threat to her mother. Here Camosy demonstrates that the formal/material debate remains open for non-dissenting Catholic moral theologians. He also shows that his reference to just-war theory is used to discuss innocence; it is not evidence of a particular methodology. Despite Evans’s claim to the contrary, Camosy notes multiple examples where he affirms the uniqueness of (...) pregnancy and the special duty of parents to children. He argues for full deference to the magisterium in matters where doctrine has been defined and urges solid theological grounding for teachings on abortion when the mother’s life is at risk, especially given the profound personal and political issues at stake. (shrink)

In this paper I argue that the widespread view that obstructors are a special sort of bystander is mistaken. Obstructors make Victim worse off by their presence, and thus are more properly described as innocent threats. Only those characters who do not make Victim worse off by their presence can be classified as bystanders.

Jonathan Quong Ethics, 119, 507–537 has recently argued that the permissibility of killing innocent threats turns on a distinction between eliminative and opportunistic agency. When we kill bystanders we view them under the guise of opportunism by using them as mere survival tools, but when we kill threats we simply eliminate them. According to Quong, the distinction between opportunistic and eliminative agency reveals that there are two different ways of killing someone as a means to save your (...) own life. Call this the Means Distinction. In this note, I argue that although the Means Distinction seems prima facie plausible it is not a sufficient explanation for the permissibility of killing threats. My argument against the Means Distinction is two-fold. Most non-consequentialists accept that the Means Distinction carries some moral significance, but I argue that this is a mistake: we do not have any reason to believe that opportunistic killings are, in general, worse than eliminative killings. Following this, I argue that even if we accept the Means Distinction, there are threat-type scenarios in which there is no intuitive difference between killing a threat opportunistically and killing a threat eliminatively. (shrink)

Vitoria and Suárez defend the categorical immunity of the innocent not to be intentionally killed. But they allow for inflicting collective punishment on the innocent and the noninnocent alike during and after a just war. So they allow for deliberately harming them. Inflicting harm on the innocent can often result in their death. Hence, holding both claims seems incoherent. First, the objections against using the term “innocent” are explained. Second, their views on just war are explored. (...) And third, by appealing to Aquinas' double-effect reasoning, it is shown how they try to avoid the above-mentioned incoherence. Still, their appeal might be insufficient to palliate the tension between the above-mentioned claims. If just wars are possible, the deliberate harming of the innocent is reasonably unavoidable for defeating and punishing those who wage them. Hence, defenders of just wars, whether from a religious or a secular perspective, must live with such a tension. (shrink)

Plural logic is widely assumed to have two important virtues: ontological innocence and determinacy. It is claimed to be innocent in the sense that it incurs no ontological commitments beyond those already incurred by the first-order quantifiers. It is claimed to be determinate in the sense that it is immune to the threat of non-standard interpretations that confronts higher-order logics on their more traditional, set-based semantics. We challenge both claims. Our challenge is based on a Henkin-style semantics for plural (...) logic that does not resort to sets or set-like objects to interpret plural variables, but adopts the view that a plural variable has many objects as its values. Using this semantics, we also articulate a generalized notion of ontological commitment which enables us to develop some ideas of earlier critics of the alleged ontological innocence of plural logic. (shrink)

Along with the Strait of Malacca and the Singapore Straits, the Strait of Hormuz is arguably the most important bottleneck in international navigation because a large part of the global oil production needs to be shipped through this passage, which is only a few kilometers wide. In the context of the dispute about Iran’s nuclear program and new sanctions, Iran has threatened to close the Strait of Hormuz for international shipping, effectively cutting off many Western countries from important oil imports. (...) In this article, the legality of such action as well as the legality of the mere threat to close the Strait of Hormuz are investigated. In addition to the International Law of the Sea, general rules of international law and the international law of armed conflict are taken into consideration. Particular emphasis is put on the sovereignty of other states, which is infringed upon by such threats on the part of the Iranian leadership. First, the question has to be answered whether a passage through these waters would be transit passage through a Strait or normal passage through the coastal state’s territorial sea. The authors of the article conclude that the regime of transit passage applies qua lex specialis, as far as the part of the Strait of Hormuz, which is included in Iran’s territorial waters, is concerned. The next step is to ask the question whether preventing such a passage as well as threatening to prevent such a passage are permissible for Iran. In this context, the potential abuse of otherwise permitted traffic separation schemes is highlighted. Traffic separation schemes are of particular importance in narrow but highly frequented bodies of water, such as the Strait of Hormuz. In addition, the contemporary Iranian state practice has received some attention. One issue to be considered in more detail is the requirement that foreign warships receive authorization from the coastal state prior to entry into the territorial sea. This approach might be incompatible with the right to innocent passage under both the Law of the Sea Convention and customary international law, as there is no clear legal source, which provides for this requirement. Finally, the authors look at the question of the legality of the mere threat to close the Strait of Hormuz as opposed to actually closing the Strait. The sovereignty of other states may be affected to such an extent that such threats already amount to a violation of international law. In light of the historic precedents during the Iran-Iraq War, these threats should not be dismissed lightly. Iran would be well advised to refrain from such rhetoric. (shrink)

The Presumption of Innocence: an Antidote for Sacrificial Venom? Patterns of Girard’s ‘Primitive’ Sacred in Late Medieval and Early Modern Criminal Law This paper interprets the presumption of innocence as a conceptual antidote for sacrificial tendencies in criminal law. Using Girard’s philosophy of scapegoat mechanisms and sacrifice as hermeneutical framework, the consanguinity of legal and sacrificial order is explored. We argue that some legal concepts found in the ius commune’s criminal system (12th-18th century), like torture, infamy, or punishment for mere (...) suspicion, are affiliated with scapegoat dynamics and operate, to some extent, in the spirit of sacrifice. By indicating how these concepts entail more or less flagrant breaches of our contemporary conception of due process molded by the presumption of innocence, an antithesis emerges between the presumption of innocence and sacrificial inclinations in criminal law. Furthermore, when facing fundamental threats like heresy, the ius commune’s due process could be suspended. What emerges in this state of exception allowing for swift and relentless repression, is elucidated as legal order’s sacrificial infrastructure. (shrink)

The debate on the ethics of terrorism focuses for the most part on the argument that employing violence against innocents or non-combatants is morally wrong. This point is usually made in combination with a so called narrow definition of terrorism , i.e. one that defines terrorism as exclusively targeting innocents . Yet, some scholars prefer a so called wide definition of terrorism, i.e. they hold that it may well be directed against non-innocents. Leaving from the assumption that terrorism can be (...) directed against non-innocents, in this paper I explore the ethical implications of such a wide definition regarding the possible justifiability of terrorism. As terrorism in this wide sense does not infringe the prohibition against killing innocents it seems, at the first glance, that such terrorism is somewhat less reprehensible or even justifiable. I use the term terrorism as describing an indirect strategy of using fear or terror induced by violent attacks or force (or the threat of its use) against one group of people (direct target) or their property as a means to intimidate and coerce another group of people (indirect target) and influence their actions in order to reach further political objectives. Terrorist acts are the violent acts that form part of such a strategy. I will furthermore distinguish between strong and weak terrorism: When the direct targets are so-called innocents it is strong terrorism; in any other case it is weak terrorism. I focus on the question of whether killing in the course of acts of weak terrorism may be justified, and if so, under what conditions. According to my definition, weak terrorism is characterised by violent acts that are not intentionally directed against so called innocents, i.e. people who cannot be held responsible for the problem the terrorists are fighting and are thus immune from attack. (shrink)

Most people believe that it is permissible to kill a nonresponsible threat, or someone who threatens one's life without exercising agency. Defenders of this view must show that there is a morally relevant difference between nonresponsible threats and innocent bystanders. Some philosophers, including Jonathan Quong and Helen Frowe, have attempted to do this by arguing that one who kills a bystander takes advantage of another person, while one who kills a threat does not. In this paper, I show (...) that the proposals offered by Quong and Frowe have unacceptable implications. I then argue that those who claim that nonresponsible threats may be killed face a dilemma generated by the possibility of a stationary threat, or someone who endangers another person's life without moving. Unless we arbitrarily distinguish between stationary and moving nonresponsible threats, it is unclear how the permission to kill nonresponsible threats is to be explicated. I conclude that nonresponsible threats are not legitimate targets of self-defence. (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)

This paper is a modified version of a talk presented by the author at the SCSS’s Capitol Hill Luncheon-Seminar on “Defending the Family,” at the Rayburn House Office Building, Washington, D.C., April 23, 2004. It is an updated examination of the subject in question since the author’s lengthy and more comprehensive article on the subject in the SCSS’s 1998 anthology, Defending the Family; A Sourcebook. Like the earlier article, it shows that the problem of false allegations of child abuse and (...) neglect against parents continues to be massive. It identifies vague laws, attitudes of operatives in the child protective system, the ease of making reports, and the legal immunity of protective system operatives as the main reasons for this. It discusses the threats to children and innocent families posed by the system. It finds the limited protections for parents written into recent federal law an encouraging development, but points out that parents still have relatively few rights in the face of the system. It presents the case as to why the current child protective system is fundamentally flawed and should be eliminated in favor of a different approach to protecting children from true abuse and neglect. (shrink)

In _Fairfax Media Publications Pty Ltd v Voller_ (‘_Voller_’) the Australian High Court held that media companies maintaining Facebook comment pages could be liable for the defamatory posts of commenters on those sites. The decision focussed entirely on whether, by maintaining the Facebook page, the companies had ‘published’ the statements of commenters. Hearings on other aspects of the tort litigation continue. This paper considers the implications of the tort of defamation on public participation on political will formation where, as is (...) increasingly the case, the participation occurs virtually. Australian law has already tackled the law of defamation as a threat to freedom of political communication; _Voller_ continues the jurisprudence by considering whether hosting an online forum for debate amounts to publication. The more recent High Court judgment in _Google LLC v Defteros_ demonstrated the necessity of the law to align the ‘acts’ necessary to found legal action with the new environment of automated search engines. The troubled intersection of dematerialised practices of political and cultural discourse and jurisdictionally bound laws of defamation challenges participatory governance as tribes form and dissolve and shift between geographical interests. Defamation in Australia is a tort of strict liability; and, absenting applicable defences, any participation in communication is sufficient to make that participant a publisher and a party to the defamation. The online environment stretches words across geographical and jurisdictional boundaries, but it also stretches and contorts concepts of fault and responsibility. Participatory digital cultural practices integrating users in the creation of cultural heritage simultaneously draw participants into transgressions, both cultural and legal, which are amplified by the medium. Questions of collective guilt, ‘shades’ of moral responsibility and disproportionality between blameworthiness and legal liability challenge laws formulated for the printing press but now deployed in the online environment. In this way the digitized participatory environment presents deep challenges to law and legal systems, which are chained to geography. This paper considers the concept of innocent publication in the context of the digitized participatory environment and the way in which the virtual experience is dissolving concepts of geographically defined jurisdictions. (shrink)

This article offers an explanation for the proposed moral asymmetry between non‐responsible threats and innocent bystanders. Some argue that a non‐responsible threat – a person who threatens another through no fault or choice – is required to bear a greater burden to avert the threat than a bystander. I argue that previous attempts to explain this asymmetry are either incorrect or incomplete, since they either implausibly suggest that agents who do not benefit from their bodily resources, or whose (...) bodily resources primarily benefit third parties, are liable to greater costs than a bystander, or fail to accommodate such cases. Instead, the asymmetry (when it exists) is explained either by virtue of the fact that the non‐responsible threat has a beneficiary status with respect to the threatening object, or possesses distribution‐limiting entitlements over the threatening object. (shrink)

In her latest book _Spying Through a Glass Darkly: The Ethics of Espionage and Counter-Intelligence_, Cécile Fabre suggests that the deception of third parties during an infiltration operation can be justified as a foreseen but unintended side effect. In this essay, I criticize this view. Such deception, I argue, is better justified paternalistically as a means of preventing third parties from becoming wrongful threats. In the second part of the article, I show that Fabre ignores an important moral complication (...) in deception operations where agents intentionally allow others to be harmed as a means of protecting a secret. I argue that intentionally allowing harm to others as a means is a particularly problematic mode of agency which must be addressed in a normative account of espionage. (shrink)

Some are blameless for posing a threat to the live of another because they are not morally responsible for being a threat. Others are blameless in spite of their responsibility. On what has come to be known as the "moral responsibility account" of liability to defensive killing, it is such responsibility, rather than blameworthiness, for threatening another that renders one liable to defensive killing. Moreover, one's lack of responsibility for being a threat grounds one's nonliability to defensive killing. In "Killing (...) the Innocent in Self-Defense" (1994), I offered an early formulation and defense of such an account. In Section I of this chapter, I renew my defense of the claim that it is impermissible to kill a passive nonresponsible threat in self-defense. In Section II, I renew my defense of the claim that it is permissible to kill a blameless but morally responsible threat in self-defense. (shrink)

The second theorem concerns issue . It says that if a certain principle of Bayesian decision theory is correct, and if a certain situation is logically possible, then some forms of 'national egoism' are false. ;There follows an examination of some of the issues raised by the two theorems. Included is a discussion of Nagel's theory of ethical viewpoints and a discussion of the relation between what is "morally preferable" and what one ought to do. ;Two theorems are proved in (...) the final chapter. The first theorem concerns issue . It says that if a certain principle of Bayesian decision theory is correct, and if a certain situation is logically possible, then it is not a true principle that the act of allowing someone else to impose a harm is morally preferable to the act of imposing an equal harm oneself. ;The asymmetry doctrine and its variants tend to favor whichever situation is the existing situation. This tendency is brought out and we see how it can lead us to reject the asymmetry view. ;Turning to issue , an attempt is made to indicate the importance of this question in foreign policy decisions. We then consider an asymmetry doctrine which says that imposing an undeserved harm is worse than allowing even a much greater harm to occur. A popular variant of this doctrine which would permit the imposition of harm on 'innocent threats' in certain cases is also considered. However it is argued that by placing substantial moral weight on the distinction between innocent threats and innocent non-threats this variant would commit us to some very unappealing moral judgements. ;Concerning issue , it is argued that even if moral relativism is true it is not always wrong to constrain people in another society to act in the way required by our human rights standards, despite the fact that their society does not accept those standards. ;Turning to moral relativism itself, it is argued that the most influential versions of relativism are unacceptable. Some relativistic theories lead to difficulties when the person or group whose attitudes determine a moral code is unaware of certain facts. Other relativistic theories lead to difficulties when the violation of a moral principle would affect people's attitudes in such a way that, according to the relativistic theories in question, the moral principle would cease to hold. ;Concerning issue , the conclusion is reached that, given some assumptions about domestic policies, it is unjustifiable for governments like the American government to give more weight to the interests of their own country than to the interests of any foreign country. However, following Sidgwick, a distinction is drawn between that kind of 'national egoism' and a government being 'more extensively involved' in advancing its own country's welfare than any other country's. The latter practice is defended. ;Three issues are discussed in this study: If moral relativism is correct, what limits should be placed on foreign policy in the human rights area? In any case, is moral relativism correct? Should a government, in shaping policy, give more weight to the national interest of its own country than to the national interest of any foreign country? Is it just as bad, morally speaking, for a government to allow undeserved harm to befall citizens of foreign countries as it is to actively inflict undeserved harm upon such persons? (shrink)

This paper questions the moral foundations of the equal war-right to kill in international law. Although there seems to be a moral difference between fighting a just and unjust war, this need not reflect on our moral assessment of soldiers, since unjust combatants can be non-culpable by virtue of excuse. Under the aspect of immunity from blame, an equal war-right to kill is upheld, and belligerent equality restored among innocents. It must therefore be proven that innocent threats can (...) be justifiably killed. If this fails, there is nothing about the people who kill and are killed in war that justifies their killing. This leads to a strong presumption against war and to question the notion of just war. Further, there should be an incentive to increase protection of combatants in war. (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 (...) class='Hi'>innocent threats? I argue that these problems stem from a confusion about the nature of rights. (shrink)

According to a rights view it is acceptable to kill animals if they are innocent threats or shields or are in a lifeboat situation. However, according to advocates of such a view, our practices of killing animals for food or scientific research may be morally unacceptable. In this paper we argue that, even if we grant the basic assumptions of a rights view, a good deal of killing of animals for food and scientific research continues to be morally (...) acceptable. (shrink)

This thesis takes up a rights-based perspective to discuss a number of issues related to the problem of permissible harm. It appeals to a person’s capacity to shape her life in accordance with her own ideas of the good to explain why her death can be bad for her, and why each of us should have primary say over what may be done to her. The thesis begins with an investigation of the badness of death for the person who dies. (...) If death is bad for us, this helps explain the wrongness of killing. The thesis defends the deprivation account—i.e. the idea that death is bad for us when and because it deprives us of good life—against two Epicurean challenges. It adds that death is also bad when and because it thwarts our agency. Next, the thesis deals with the logic of our moral rights to non-interference. It proposes a conception of rights according to which the stringency of our rights derives from and is justified by the rational aspect of our human nature. It argues that this conception of moral rights solves the paradox of deontology. While our rights to non-interference are stringent, they are not absolute. The thesis considers two possible exceptions to the general rule that it is impermissible to harm an innocent person against her consent. First, using an actual case from WWII, it investigates the circumstances under which a government may expose some parts of its population to an increased risk of harm in order to decrease the risk to others. Second, it considers the permissibility of self-defence against an innocent threat. It argues that the potential victim of an innocent threat has a justice-based reason to treat her own interests as on a par with those of the threat. (shrink)

In the United States today, much interpersonal racism is driven by corrupt forms of self-preservation. Drawing from Jean- Jacques Rousseau, I refer to this as self-love racism. The byproduct of socially-induced racial anxieties and perceived threats to one’s physical or social wellbeing, self-love racism is the protective attachment to the racialized dimensions of one’s social status, wealth, privilege, and/or identity. Examples include police officer related shootings of unarmed Black Americans, anti-immigrant sentiment, and the resurgence of unabashed white supremacy. This (...) form of racism is defined less by the introduction of racism into the world and more on the perpetuation of racially unjust socioeconomic and political structures. My theory, therefore, works at the intersection of the interpersonal and structural by offering an account of moral complacency in racist social structures. My goal is to reorient the directionality of philosophical work on racism by questioning the sense of innocence at the core of white ways-of-being. (shrink)

In his recent JME article Daniel Restrepo argues that both legal and ethical rules should protect the so-called Naked Soldiers, combatants engaged in activity unrelated to military operations and unaware of the imminent danger threatening them. I criticize this position from several angles. I deny the existence of any link between vulnerability and innocence, and claim ignorance of deadly threats does not give rise to a morally distinguished type of vulnerability. I argue that actions not contributing to the war (...) effort are nevertheless an inherent part of fighting a war, and that combatants do not signal intention to abandon their commitment to the war effort by undertaking these. I show that by granting hors de combat status to Naked Soldiers, we would unjustly disadvantage their opponents and engender significant and manifold practical difficulties that the proponents of the view fail to solve or even anticipate. Finally, I demonstrate that Restrepo’s general project of “making killing in war difficult to legitimately justify” regardless of why, how and by whom the killing is done is incompatible with just war theory’s basic assumptions. That project is in fact pacifist in nature and as such redundant in light of pacifism’s broader and stronger implications. (shrink)

Childhood innocence has often been treated by scholars as an empty, idealised signifier. This article contests such accounts, arguing that innocence is best regarded as a powerfully unmarked training in heternormativity, alongside class and race norms. This claim will be demonstrated through attention to two recent films addressing childhood: Celine Sciamma’s Tomboy and P.J. Hogan’s Peter Pan. The films characterise young femininity as an ‘impossible space’, in which subjects face the contradictory, schizoid demands to simultaneously show both childhood innocence and (...) heteronormative femininity – or else face the threat of a spoiled identity. The plot of each film traces how the protagonist attempts to manoeuvre in the face of and precisely using this contradiction. In dramatising such manoeuvring, the films reveal the surprising forms of subjectivity that can be inhabited for a time in the interstices between age and gender norms, and which might have lasting value. Both films thus drama... (shrink)

The terrorist threat remains a disturbing issue for the early 1990s. This book explores whether terrorism can ever be morally justifiable and if so under what circumstances. Professor Burleigh Taylor Wilkins suggests that the popular characterisation of terrorists as criminals fails to acknowledge the reasons why terrorists resort to violence. It is argued that terrorism cannot be adequately understood unless the collective responsibility of organised groups, such as political states, for wrongs allegedly done against the groups which the terrorists represent (...) is taken into account. Terrorism and Collective Responsibility provides an analysis of various models of collective responsibility, and it takes into account recent discussions of military responsibility and business ethics. The book also explores the problems that terrorism poses for the just war tradition. The arguments of prominent philosophers against terrorism are critically examined and the claim that terrorism necessarily violates the rights of innocent persons is considered. Wilkins sets forth an original definition of terrorism that is sure to provoke controversy. (shrink)

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 which we (...) cannot. I develop the theory by attending to instances of intentional, villainous harm and instances of involuntary danger—the latter of which are a matter of bad luck. I call some bad luck cases "Interpersonal Lottery Conflicts." These cases refer to potentially lethal conflicts into which parties are thrown as victims of circumstance. Although neither party has a moral advantage over another, that fact does not preclude permissible self-defense. (shrink)

This paper argues that there is a significant moral difference between force applied against (imminent) attackers on the one hand and force applied against “threatening” people who are not (imminent) attackers on the other. Given that there is such a difference, one should not blur the lines by using the term “self-defense” (understood as including other-defense) for both uses of force. Rather, only the former is appropriately called self-defense, while for the latter, following German legal terminology, the term “justifying defensive (...) emergency” will be used here. The two justifications are not governed by the same criteria and thus lead to different results. The paper will proceed by providing first, in section (1), a brief sketch of the contours of the self-defense justification, putting particular emphasis on the necessity criterion. On the account presented here, the necessity criterion of the self-defense justification is particularly harsh on the aggressor (and thus not to be interpreted as literally requiring the employment of “the mildest means”) and its applicability is only triggered by an (imminent) attack, not by other kinds of threats. Section (2) will then further explain the differences between self-defense and justifying defensive emergency. A particularly important difference is that people who are subjected to justified self-defense cannot permissibly defend themselves, while people who are subjected to (extremely harmful or even lethal) justified defensive emergency measures can. Thus, in this latter case we have a “moral equality” (of sorts) of the involved parties: they can permissibly use force against each other. Section (3) will list and defend some conditions that a successful argument against the imminence requirement of the self-defense justification has to satisfy. In the light of these conditions, sections (4) to (7) will discuss a number of objections that have been adduced against the imminence requirement as well as proposals that have been made in support of alternative accounts. It will be argued that all these objections and proposals fail. Section (8) will provide a number of thought experiments in support of the claim that the harsh necessity criterion of the self-defense justification is only triggered by imminence while force against non-imminent threats can be justified with the help of the justifying emergency exemption, as well as for the claim that the justifying emergency exemption puts the person using preventive force against non-imminent threats on a shorter leash and makes him liable to counter-measures. Section (9) will explain the rationale for tying the applicability of the harsh necessity criterion of the self-defense justification to imminent attacks. Section (10) will discuss some special cases and show why they do not undermine the normative validity of this tie. (shrink)

The Christian tradition has always taken a generally negative view of abortion, but the moral basis and perceived implications of this negative view have varied greatly. In the early Church abortion and contraception were often seen as broadly equivalent, both involving interference with the natural reproductive process (and an association with sexual immorality which even led some to see contraception as the more sinful of the two). But the tendency to conflate abortion with contraception, and even on similar grounds with (...) male masturbation, declined in the face of the biological discovery of the mother's role as more than just an incubator for the male "seed" - with the recognition of conception as a distinct and crucial event, abortion became generally seen as morally far more serious than contraception, potentially involving threat to an innocent life and therefore, arguably, equivalent to homicide. When seen as homicide, abortion has naturally been subject to an almost total prohibition, the only generally agreed exception being where it is necessary to save the mother's life. Within the Roman Catholic communion, moreover, even this exception has tended to be countenanced only when sanctioned by the doctrine of double effect - where the abortion is not directly intended, but is only a foreseen but unintended consequence of a surgical intervention whose primary intention is to save the mother's life (e.g. the removal of a cancerous uterus or of a fallopian tube containing an ectopic pregnancy). (shrink)

This work elucidates elements of Leibniz's theodicy which are non-teleological. Rather than ignoring the personal dimensions of suffering, as some have charged, Leibniz actually recognizes the threat that the problem of innocent suffering presents for a perfectly good God. His theodicy goes beyond the global greater-good defense of the best possible world argument in several ways. He appeals to personal greater-goods to justify some instances of suffering, but he also invokes deontological principles in his retributive justice arguments, his response (...) to the author of sin problem, and his constraint against damnation of infants. However, an evidential version of the problem of horrible suffering of innocents would still threaten his theodicy. This problem persists due to Leibniz's rejection of theological voluntarism in favor of a unified system of ethics for God and rational creatures. Finally, Leibniz's rejection of quietism provides an important resource for a response to suffering. His theodicy thus implies a moral activism whereby the good for each rational creature is bound up with the general good of others in the amelioration of the world. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Listening to the World:Prophetic Anger and Sapiential CompassionFelix WilfredPope Benedict XVI has insisted all along how the absence of reference to God has caused dehumanization in our world. Unfortunately, what does not seem to occur to him and those who think along these lines is how the absence of concern and engagement with the issue of suffering—poverty, oppression, racism, and sexism—causes dehumanization. Suffering epitomizes the condition of our contemporary (...) world. This is the meeting point of any meaningful common discourse of religious traditions, independent of the God question. For those believing in God, the very God question is itself bound up with the question of suffering. As Gustavo Gutierrez has rightly pointed out, the real question today is how to speak about God in a world of suffering, and indeed suffering of the innocent.1a world not angry enoughWhat defines us as individuals and groups is the way we respond to suffering. This is a crucial question. For, as Hannah Arendt has drawn to our attention, there is something like a banality of evil.2 Its everyday genesis and manifestations are not anything sensational, as they are mostly committed by ordinary men and women who go about their daily lives and are by no means moral monsters.The first sentiment in responding to suffering should be a sense of horror, trembling, and indignation at the injustice inflicted on the victims, and that is very important. We note that the environment we live in is so politicized that human beings are less and less shocked by the horror of evil. Suffering has become a matter of statistics, codification, media commercialization, and photography.3What strikes us is the fact that anger characterized men and women of great leadership, because they were upset with the existing situation and they imagined a different order of things. Moses was such a man in the biblical tradition. In modern times, such was the case for example with B. R. Ambedkar, the foremost leader of the Dalits (“Untouchables”) of India, and Martin Luther King Jr. of the civil rights movement in the United States, both of whom were great, angry leaders. We could [End Page 63] characterize this as “holy anger.” It aims not at destroying the enemies or punishing them but at redeeming a society from the consequences of suffering.prophetic anger: some salient featuresWhen we speak of prophetic anger, the question that could be raised is: Whose anger? It is first and foremost the anger of the victims. For it is they who know the pain evil inflicts in the form of grinding poverty, violence, and humiliation. Along with the victims, we have those in solidarity with them who express rage at the situations of gross injustice. Anger is of different kinds. Anger can and does often accompany the spirit of vindication and revenge.4 This anger is aimed at others as enemies, and as threats to oneself. But prophetic anger has a direct reference to justice. The anger of the victims has something visceral about it. The whole being of the victim reacts to the injustice and oppression suffered—be it women; discriminated-against ethnic, religious, or linguistic minorities; or any victim of human rights violations. There is then ample room to speak about “black rage,” “Dalit rage,” and “gender rage,” which express the anguish of the victims pushed to the wall through long-standing oppression and yet having the strength to imagine something different. Prophetic anger is a healing anger. It opens the wounds of society and has ultimately the goal of healing them.Prophetic anger is the result of being gripped by an encounter and experience of something wonderful and exceedingly beautiful beyond the present distortion of reality. This is something different from a mere human passion. Like symbols that help us convey what words and speech are incapable of, so anger is a medium to bridge the gulf that divides the lofty realities and the misery of the prevailing situation. The encounter and experience that is in the prophets also finds expression in prophetic anger as it is directed at the cause behind the suffering of the innocent.Prophetic anger is directed... (shrink)

Since 9/11 the conceptualisation of terrorism and how governments should respond to the dangers it poses have undergone significant changes. This paper argues that the way in which terrorism is framed, academically and in policy terms, has significant implications for how counterterrorism strategies are developed and applied. It is asserted that the search for appropriate counterterrorism solutions has led to a new synthesis of several academic and practitioner traditions as policy makers and emergency professionals attempt to construct more holistic notions (...) of security. It is further argued that in this effort specialists adopt a new vocabulary—centred on resilience—which is at once proactive and reactive, with an in-built adaptability to the fluid nature of the new security threats challenging states and their urban areas in “the age of terrorism.” It is widely agreed that the world has entered into a new age in which everything will be different: “the age of terror”. Undoubtedly 9/11 will hold a prominent place in the annals of terrorism, though we should think carefully about why this is the case. Anyone familiar with past and current history knows that the reason is not, regrettably, the scale of the crimes; rather the choice of innocent victims. What the consequences will depend substantially on how the rich and powerful interpret this dramatic demonstration that they are no longer immune from atrocities of the kind they routinely inflict upon others, and how they chose to react.1. (shrink)

Duncan, Bruce The continuing threat from Islamist terrorists, now not just in Africa or the Middle East, but virtually anywhere their appeal may reach, has shocked the world. The atrocities involve mass killing not just of military prisoners but of innocent men, women and children belonging to different faiths, including Muslims opposed to their militant practices and beliefs.

This paper explores recent vigilance attending pedophilia in the UK context. It examines governmental and popular responses to the perceived threat posed by child sex offenders, exhibited respectively in provisions for sex offender orders within the Crime and Disorder Act 1998, and in press and public campaigns for the “naming and shaming” of paedophiles. These two responses cohabit in current contexts of concern about childhood as innocence and vulnerability, and are worked out against the figure of the paedophile as a (...) “dangerous individual”; nevertheless, they invoke different visions of political community. Developing Foucault's observation that contemporary political rationalities combine two distinct models of political community, that of the juridically constituted polity and that of the society rendered calculable and organized through normalizing models of risk, the paper argues that both of these models are evident in governmental and popular responses to paedophilia. However, where the former, a technical and administrative response to a problem of social order, aims to achieve public safety through the professional prediction and management of risk, the latter is premised on the elimination of danger,demanding the public outing of paedophiles and their exorcism from the community. While these responses contest whether danger can be turned into risk through professional management, they are mutually enhancing in fostering governmental and popular concern with public and community safety. (shrink)

I suppose I’m writing this because of my 1965 paper on Pacifism. In that essay I argued that pacifism is self-contradictory. That’s a strong charge, and also not entirely clear. Let’s start by trying to clarify the charge and related ones.Pacifism has traditionally been understood as total opposition to violence, even the use of it in defense of oneself when under attack. I earlier maintained (in my well-known “Pacifism: A Philosophical Analysis” (Narveson, Ethics, 75:4, 259–271, 1965)) that this position is (...) contradictory, if it is intended to mean that one has no right to use violence. While that is perhaps going too far, pacifism as so characterized is surely, as I have later argued, self-defeating in an obvious sense of that expression. But in any case, contemporary theorists who describe their views as pacifist profess to hold no such doctrine—they regard that familiar characterization of pacifism as a caricature. They do express strong opposition to war, but even that is not unlimited. If the chips are genuinely down, they will approve going to war-level self-defense—but they deny that it ever is really necessary, or at least that it is necessary nearly as often as actual war-making behavior among nations would suggest.In this it is not clear that we have a purely philosophical disagreement. How much opposition to war qualifies a view as “pacifist”? That is now very hard to say. After all, all decently liberal thinkers are against violence as a standardly available way of pursuing one’s ends. We all agree that if violence is to be justified, it takes something special. It should be a “last resort,” Just War theorists have classically said, and while ‘last’ is very difficult to pin down, at least, violence should be very far from the first thing a responsible nation thinks of. What’s more, the “something special” is not just that one’s ends are so important. It has to be that the violence would be employed in defense, of self or of other innocent parties under threat. So if there is genuine disagreement, it must be along this line: that we are morally required to make very substantial sacrifices in the pursuits of our otherwise legitimate interests, including our interests in security, in order to avoid using the violence of war.Is this reasonable? I think not. We should, of course, be reasonable, and that includes refraining from violence—except when the violence is necessary to counter the aggressive violence of others. For we reason, on practical matters, in terms of benefits and costs. Agents, especially political agents, can, alas, benefit from violence where that violence is unilateral. Thus it is rational to see to it that it won’t be unilateral. And when it is not unilateral, then the balance is in favor—strongly in favor—of peace. It remains that we must, alas, be able to make war in the possible case that we can’t have peace. When everybody shares the preference for peace, then we can scale down and hopefully even eliminate war-making capability. (Contemporary nations have already scaled down considerably—there have been few wars in the classic sense of military exchanges between states as such in recent times.) But until the scaling down is universal and includes a genuine renunciation of the use of warlike methods to achieve ends other than genuine self-defense, what most of us think of as “pacifism” is a non-option in the near run. (shrink)

Professor Walen’s book rejects the familiar argument of “double effect,” namely the doctrine that an action that knowingly causes the death of another person cannot be justified merely by its good consequences but only by its good intentions. Professor Walen offers a rival argument. He proposes that we rethink the killing of non-combatants in war on the basis of a theory of “the mechanics of claims” so that the intentional killing of civilians may be occasionally permissible. Such targeting of civilians (...) may be justified, according to the book’s argument, by the aim of eliminating the threat that these civilians may pose—innocently or not—to other persons. In these circumstances, it will not only be permissible, but it would also be a matter of right to kill civilians, which would be derived from a balancing of “claims.” The argument is impressively made but is ultimately unconvincing. All the decisive questions appear to be matters of a balance of “goodness.” The “mechanics of claims” organizes a structure of welfare values that ultimately work as a proxy for act-utilitarianism. As a result, the argument is open to well-known objections regarding justice and the separateness of persons. (shrink)

ABSTRACT What kind of threat does terrorism pose to a community? Two models of terrorism are introduced. The Unjust War model views terrorism as an attack on the innocent, but thereby misidentifies its criminal character. The Political Crime model regards it as violence for political ends, by‐passing democratic channels. This misconstrues the terrorist's aim of waging war against a state whose legitimacy he contests. Associated with the models of terrorism are two conceptions of community, the Communitarian and the Hobbesian, (...) respectively. While the Communitarian conception sees the community as independent of the state, the Hobbesian identifies them, thus assimilating an attack on the state to a threat to the community. The Hobbesian conception, however, even when amplified by democratic theory, provides inadequate resources to rebut a challenge to the state's legitimacy, in particular one concerning territorial boundaries. Arguments for permitting secession are discussed. The Communitarian conception may be able to ground legitimacy claims; but it may also justify some terrorist campaigns as needed to preserve communities. (shrink)

This chapter presents a rights-based explanation of self-defence. A right of defence exists when a subject is at liberty to defend a certain good by performing an action that would otherwise be impermissible. The moral justification for this liberty invokes three considerations: an appropriate normative relation exists between the subject and the end of the right, consisting of either of a right to, or a duty of care towards the good protected; the defensive act is a proportionate, necessary response to (...) an imminent threat of harm; and the object of defensive force has an appropriate degree of normative responsibility for, and the subject is innocent of, the harm threatened. (shrink)

A provocateur does not pose a threat of harm. Hence, a forceful response to provocation is generally considered wrongful. And yet, a provocateur is often denied recourse to a self-defence justification if she defends herself against such a violent response. In recent work, Kimberly Ferzan argues that a provocateur forfeits defensive rights but this forfeiture cannot be explained in the same way as an aggressor’s rights forfeiture. Ordinarily, one forfeits the right not to be harmed and to self-defend against harm (...) by threatening to violate another person’s rights. But provocateurs forfeit their defensive rights because they bring about the situation in which defence becomes necessary. As I argue here, positing these two types of forfeiture justifications is neither desirable nor necessary. I suggest a unified rights forfeiture account that grounds rights forfeiture in moral responsibility for an unjust threat. My account offers clearer distinctions than alternative unified accounts, which I briefly discuss. Furthermore, the account can provide better explanations of intuitively plausible judgements. A provocateur will have less extensive defensive rights than an innocent victim, but will not lose all her defensive rights simply because ‘she started it.’. (shrink)

Military deterrence by means of the threat to retaliate if attacked has traditionally involved two intentions—on the one hand, the unconditional intention to deter attack, and, on the other hand, the conditional intention to retaliate if attacked. Nuclear deterrence—that is, military deterrence using nuclear weapons—also involves both intentions, but at the cost of a moral quandary. On the one hand, there is the intention to deter attack in order to preserve peace and freedom. But, on the other hand, there is (...) the intention to retaliate with weapons that would most likely massacre millions of innocent persons. How can the intention to deter attack be morally right, if it presupposes an intention to retaliate if attacked that is morally wrong? (shrink)

This article addresses a previously overlooked problem in the ethics of defensive killing. Everyone agrees that defensive killing can only be justified when it is necessary. But necessary for what? That seemingly simple question turns out to be surprisingly difficult to answer. Imagine Attacker is trying to kill Victim, and the only way one could save Victim is by killing Attacker. It would seem that, in such a case, killing is necessary. But now suppose there is some other innocent (...) person, suffering some entirely distinct threat, whose life one could save instead. Is killing still necessary? The seemingly obvious answer is “yes.” Killing is necessary since it is the only means to achieve the goal that stands to justify killing. The problem with this answer is that it presupposes a certain description of that goal as something like “saving Victim’s life” or “saving Victim’s life from Attacker.” Other descriptions are plausible, such as “saving a life.” On that latter description, killing is unnecessary in this case. The problem we are encountering is the problem of finding the right description of the goal of killing. Call this the “description problem.” This article sets out to solve the description problem and arrives at a radical conclusion. In a variety of cases, we should describe the goal of killing in broad terms, without reference to a specific victim or a specific threat. These broad descriptions—such as “saving a life”—make it easier to find relevant alternatives. Killing, it turns out, is much harder to justify than we might otherwise have thought. (shrink)