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The Mechanics of Claims and Permissible Killing in War


ISBN13: 9780190872045
Published: June 2019
Publisher: Oxford University Press
Country of Publication: USA
Format: Hardback
Price: £79.00



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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.

Subjects:
Jurisprudence
Contents:
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