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Thomson: In cases where killing is morally permissible….
you don’t need an excuse because it is not wrong to kill them and killing them is justified
Thomson: proportionality condition
harm inflicted should be proportional
Thomson: necessity condition
no other way to save one’s lifeT
Thomson’s rejection of only proportionality and necessity
Starvation of baby.
Thomson’s account of permissible killing in self-defense
if people will violate your right not to be killed unless you kill them, then they lose their ordinary right not to be killed, so killing them is permissible
Thomson: Innocent agressor
even if not villainously aggressing against you, if they are still aggressing against you
villian injected someone with drug and made them go crazy
Thomson: Innocent Threat
still violates your right not to be killed unless you kill them
fat man falling will kill you unless you move ur awning, killing him
Thomson: 3 types of bystander
use of a bystander, substitution of a bystander, ridingroughshod-over-a bystander
Substitution-of-a-bystander
Redirecting harm onto an innocent person is not allowed. “the only path onto which you can deflect it will take it onto a bystander”
Use-of-a-bystander
Using a person as a tool to save yourself is not allowed. “the only way you have of defending yourself is to shoot a bystander… which will thereby stop the trolley [but kill him]”
Riding-roughshod-over-a-bystander
Hurting someone just to escape is not allowed. “your only path to safety lies across a bridge… he will be toppled off into the valley below”
Thomson: response to bystander cases
bystander is not going to violate your right not to be killed. they retain their right
Thomson: fighting back against permissible self defense
You retain your right not to be killed, so it would be wrong for aggressor to kill you in self defense
Thomson: other-defense
third parties can also kill the agresssor to save the victim
McMahan: 3 accounts of self-defense distingusished. Which does he defend
rights-based account, the culpability account, and the responsibility account
McMahan defends the responsibilty account
McMahan objection to right-based account
Tactical bomber case where a morally justified bomber will kill civilians as a side effect
rights-based account rejected because it seems that the civilians should be allowed to defend themselves
McMahan: Infringing vs Violating right
Infringing: when one permissibly does what another has a right that one not do
Violating: When one impermissibly does what another has a right that one not do
You should lose rights for violating, but not infringing bc it is morally justified
McMahan: Culpability account
person is liable to defensive harm only if they are morally at fault for causing an unjustified threat (he objects)
McMahan: Culpable attempter case
2 villians plan to kill you, and you can save yourself only by shooting the first, causing him to slump, therby blocking the second villion’s line of fire
McMahan’s objection to Culpability account
Conscious driver and Resident- shows people who are not morally at fault can still pose threats, which shows that the culpability alone does not fully explain when self-defense is allowed
McMahan: responsibilty account, application to driver and resident?
person may be harmed in self defense if they are morally responsible for un unjustified threat, even if they are not at fault
self defense against driver is permissible but not resident
McMahan on responsibilty account and innocent agreesors and threats
may not be permissibly killed if they are not morally responsible for the threat they pose
Just war theory
war can be justified under certain conditions
pacifism
war is never justified
realism
morality doesnt apply to war
how is war often compared to self defense
just like a person can defend themselves, a country may defend itself against attack
jus ad bellum
a war being just
most important conditions of jus ad bellum
just cause, proportionality, and last resort
just in bello
just conduct in war. Evenif a ar is just, te way it is fought must follow moral rules
traditional view of attacking non-combatants or inactive combatants
it is always wrong to intentionally attack. Only active combatants are legitimate tagets for intentional attack
double effect
it can be permissible to harm civilians if the harm is not intended/side effect and meets conditions of proportionality and neciessity
issue when it comes to war and what traditional theory says
is it morally wrong to fight in an unjust war if on unjust side?
Traditional theory says soilders are not morally wrong for fighting in unjust wars as long as they follow jus in bello; blame falls on leaders
McMahans war argument
bc unjust war involves killing/ciontributing to death of innocent people, and killingg innocent ppl is wrong, therefore fighting in an unjust war is morally wrong
McMahan: boxing mach and response
-solders consent to risk like boxers
-McMahan argues that combatants do not clearly consent…even so consent doesn’t justify killing especially since innocent people are also harmed
McMahan: Institutional commitment and response
soldiers should just follow orders because the military system works better when individuals don’t question
prison guard can trust the court system, but soldier cannot reasonably trust the political system to determine whether a war is just or unjust, they are responsible and therefore responsible for fighting in unjust wars
also suggets not fighting is not as harmful as fighting in unjust wars
conscious refusal could encourage beneficial public debate
McMahan: Epistemological argument and response
not wrong bc reasonable to believe war is just based on information and their government’s judgement
still sometimes responsible bc they should critically evaluate especially given the high stakes
non-combantant immunity
in traditional war theory, only combatants can be targeted, civilians should not be intentionally attacked. Civilians= innocent, soldiers=not
Mavrode objection to non-combatant immunity
counterexample: innocent combatant and guilty combatant
the idea that all civilians are innocent and all soldiers are guilty is false
threat idea
combatants can be targeted bc they pose a threat, but fails bc civilians also pose threat
Mavrodes conclusion
noncombatant immunity is not a basic moral truth bc there is nothing inherently wrong with targeting civilians if they are guilty and doing so helps the war
However, how does Mavrodes say non-combatant immunity can be justified
as a convention to reduce harm in war, to benefit all sides, when everyone follows it
Mavrodes analogy of single combat instead of war
would produce the same result as war, but with less destruction.
driving on the right side as a convention- safer for everyone
Noncombatant immunity is a step in this direction. Every country would benefit. BUT if other countries ignore the rule, then it may no longer be wrong to target civillians