Alec D. Walen

The Mechanics of Claims and Permissible Killing in War (eBook, PDF)

• Format: PDF

Produktbeschreibung

According to the dominant account of rights, there are two ways to permissibly kill people: they have done something to forfeit their right to life, or their rights are outweighed by the significantly greater cost of respecting them. Contemporary just war theorists tend to agree that it is difficult to justify killing in the second way. Thus, they focus on the conditions under which rights might be forfeited. But it has proven hard to defend an account of forfeiture that permits killing when and only when it is morally justifiable. In The Mechanics of Claims and Permissible Killing in War, Alec D. Walen develops an alternative account of rights according to which rights forfeiture has a much smaller role to play. It plays a smaller role because rights themselves are more contextually contingent. They systematically reflect the different kinds of claims people can make on an agent. For example, those who threaten to cause harm without a right to do so have weaker claims not to be killed than innocent bystanders or those who have a right to threaten to cause harm. By framing rights as the output of a balance of competing claims, and by laying out a detailed account of how to balance competing claims, Walen provides a more coherent account of when killing in war is permissible.

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Produktdetails

• Verlag: Oxford University Press
• Seitenzahl: 264
• Erscheinungstermin: 15. März 2019
• Englisch
• ISBN-13: 9780190872052
• Artikelnr.: 55508831

Autorenporträt

Alec D. Walen is a professor at Rutgers University, with a joint appointment in Law, Philosophy, and Criminal Justice. He has published numerous articles on topics in moral philosophy, criminal law, constitutional law, national security law, and just war theory. The central focus of his current work is articulating a view of rights that reflects a fundamental moral commitment to autonomy, equality, and the value of human welfare.

Inhaltsangabe

Chapter 1: Introduction
Chapter 2: Basic Premises and Method
Chapter 3: A Theory of Rights
Chapter 4: Putting the Mechanics of Claims in Perspective
Chapter 5: Avoiding a Misplaced Emphasis on Intentions
Chapter 6: Innocent Threats versus Innocent Bystanders
Chapter 7: From Innocent Threats to Innocently Aiding Unjust Combatants
Chapter 8: Negative Agent-Claims and the Agent-Patient Inference
Chapter 9: Intervening Agency and the Right of Non-Sacrifice
Chapter 10: Conclusions
Bibliography
Table of Cases
Glossary of Terms
Index