Justified Killing

eBook Download

BOOK EXCERPT:

The right of self-defense is seemingly at odds with the general presupposition that killing is wrong; numerous theories have been put forth over the years that attempt to explain how self-defense is consistent with such a presupposition. In Justified Killing: The Paradox of Self-Defense, Whitley Kaufman argues that none of the leading theories adequately explains why it is permissible even to kill an innocent attacker in self-defense, given the basic moral prohibition against killing the innocent. Kaufman suggests that such an explanation can be found in the traditional Doctrine of Double Effect, according to which self-defense is justified because the intention of the defender is to protect himself rather than harm the attacker. Given this morally legitimate intention, self-defense is permissible against both culpable and innocent aggressors, so long as the force used is both necessary and proportionate. Justified Killing will intrigue in particular those scholars interested in moral and legal philosophy.

Product Details :

Genre : Philosophy
Author : Whitley R. P. Kaufman
Publisher : Rowman & Littlefield
Release : 2009
File : 176 Pages
ISBN-13 : 073912899X


Killing Terrorists

eBook Download

BOOK EXCERPT:

Targeted killing of terrorists has become an established practice in the fight against terrorism. The disturbing consequences of the practice and its increasing political and societal acceptance raise questions as to its justifiability and its place in counter-terrorism. Anna Goppel explores whether targeted killing of terrorists can be justified, both from a moral and an international legal perspective. She discusses moral and international legal limits to state use of lethal force and argues that the moral principles and the international legal regulations allow for the practice only in very specific, very rare, and rather hypothetical cases. The analysis is based on a thorough discussion of the human right to life, the laws and ethics of war, and the relevant moral and legal arguments. This makes it of particular interest to philosophers and legal theorists interested in terrorism, counter-terrorism, human rights, and the legitimacy of defensive state measures.

Product Details :

Genre : Philosophy
Author : Anna Goppel
Publisher : Walter de Gruyter
Release : 2013-01-30
File : 356 Pages
ISBN-13 : 9783110277272


Killing By Remote Control

eBook Download

BOOK EXCERPT:

The increased military employment of remotely operated aerial vehicles, also known as drones, has raised a wide variety of important ethical questions, concerns, and challenges. Many of these have not yet received the serious scholarly examination such worries rightly demand. This volume attempts to fill that gap through sustained analysis of a wide range of specific moral issues that arise from this new form of killing by remote control. Many, for example, are troubled by the impact that killing through the mediated mechanisms of a drone half a world away has on the pilots who fly them. What happens to concepts such as bravery and courage when a war-fighter controlling a drone is never exposed to any physical danger? This dramatic shift in risk also creates conditions of extreme asymmetry between those who wage war and those they fight. What are the moral implications of such asymmetry on the military that employs such drones and the broader questions for war and a hope for peace in the world going forward? How does this technology impact the likely successes of counter-insurgency operations or humanitarian interventions? Does not such weaponry run the risk of making war too easy to wage and tempt policy makers into killing when other more difficult means should be undertaken? Killing By Remote Control directly engages all of these issues. Some essays discuss the just war tradition and explore whether the rise of drones necessitates a shift in the ways we think about the ethics of war in the broadest sense. Others scrutinize more specific uses of drones, such as their present use in what are known as "targeted killing" by the United States. The book similarly tackles the looming prospect of autonomous drones and the many serious moral misgivings such a future portends. "A path-breaking volume! BJ Strawser, an internationally known analyst of drone ethics, has assembled a broad spectrum of civilian and military experts to create the first book devoted to this hot-button issue. This important work represents vanguard thinking on weapon systems that make headlines nearly every day. It will catalyze debates policy-makers and military leaders must have in order to preserve peace and protect the innocent. - James Cook, Department Chair/Head of Philosophy, US Air Force Academy "The use of 'drones' (remotely piloted air vehicles) in war has grown exponentially in recent years. Clearly, this evolution presages an enormous explosion of robotic vehicles in war - in the air, on the ground, and on and under the sea. This collection of essays provides an invaluable contribution to what promises to be one of the most fundamental challenges to our assumptions about ethics and warfare in at least the last century. The authors in this anthology approach the ethical challenges posed by these rapidly advancing technologies from a wide range of perspectives. Cumulatively, they represent an essential overview of the fundamental ethical issues involved in their development. This collection makes a key contribution to an urgently needed dialogue about the moral questions involved." - Martin L. Cook, Adm. James B. Stockdale Professor of Professional Military Ethics, Professor Leadership & Ethics, College of Operational & Strategic Leadership, U.S. Naval War College

Product Details :

Genre : Philosophy
Author : Bradley Jay Strawser
Publisher : Oxford University Press
Release : 2013-05-30
File : 291 Pages
ISBN-13 : 9780199339792


Shooting To Kill

eBook Download

BOOK EXCERPT:

In this book, philosopher Seumas Miller analyzes the various moral justifications and moral responsibilities involved in the use of lethal force by police and military, relying on a distinctive normative teleological account of institutional roles. Miller covers a variety of urgent and morally complex topics, including police shootings of armed offenders, police shooting of suicide-bombers, targeted killing, autonomous weapons, humanitarian armed intervention, and civilian immunity. -- Provided by publisher.

Product Details :

Genre : Philosophy
Author : Seumas Miller
Publisher : Oxford University Press
Release : 2016
File : 313 Pages
ISBN-13 : 9780190626136


The Mechanics Of Claims And Permissible Killing In War

eBook Download

BOOK EXCERPT:

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.

Product Details :

Genre : Philosophy
Author : Alec D. Walen
Publisher : Oxford University Press
Release : 2019-03-15
File : 265 Pages
ISBN-13 : 9780190872052


Killing And Saving

eBook Download

BOOK EXCERPT:

"This impressive work is fair, balanced, critical and insightful."-Choice Contrary to the views of Alasdair MacIntyre and others who assert that modern Western morality is in disarray, torn by incommensurable moral views, John Reeder believes that there is much agreement about taking and saving lives. Many people might, in fact, agree on the various circumstances in which the death of a person constitutes a violation of the right to life, or that people have a right to our help, especially a right to life-saving aid. In Killing and Saving, Reeder analyzes five sorts of situations in which we are morally permitted or even obligated to take human life: e.g., when we repel an attacker who voluntarily "forfeits" the right to life; when we are confronted with "involuntary pursuit" or "material aggression;" when someone "yields" the right to life; when all will die if nothing is done, but some can be saved if others are killed; and when there is a "double effect" in which we take life as a foreseen but unintended consequence of attempt to achieve a greater good. Reeder argues that these (and closely related) categories account for many of our convictions ranging from abortion to infanticide, to starvation, to war. He also examines the concept of absolute or exceptionless right to life. Reeder draws on a number of moral views, from theological ethics to Enlightenment notions of natural rights or respect for rational creatures. He does not attempt to argue for a foundation for the right not to be killed and the right to be saved. Rather, he focuses on the content of the convictions themselves and argues that where disagreements remain, such as the case of abortion, they can be accounted for by the way the rights in question are explained and justified.

Product Details :

Genre : Social Science
Author : John P. Reeder
Publisher : Penn State Press
Release : 2010-11-01
File : 252 Pages
ISBN-13 : 0271040033


Killing In Self Defence

eBook Download

BOOK EXCERPT:

This book is a comprehensive analysis of the criminal defence of self-defence from a philosophical, legal and human rights perspective. The primary focus is on self-defence as a defence to homicide, as this is the most difficult type of self-defensive force to justify. Although not always recognised as such, self-defence is a contentious defence, permitting as it does the victim of an attack to preserve her life at the expense of another. If one holds that all human life is of equal value, explaining why this is permissible poses something of a challenge. It is particularly difficult to explain where the aggressor is, for reasons of non-age or insanity for example, not responsible for her actions. The first part of the book is devoted to identifying the proper theoretical basis of a claim of self-defence. It examines the classification of defences, and the concepts of justification and excuse in particular, and locates self-defence within this classification. It considers the relationship between self-defence and the closely related defences of duress and necessity. It then proceeds critically to analyse various philosophical explanations of why self-defensive killing is justified, before concluding that the most convincing account is one that draws on the right to life with an accompanying theory of forfeiture. The book then proceeds to draw upon this analysis to examine various aspects of the law of self-defence. There is detailed analysis of the way in which, on a human rights approach, it is appropriate to treat the issues of retreat, imminence of harm, self-generated self-defence, mistake and proportionality, with a particular focus on whether lethal force is ever permissible in protecting property or in preventing rape. The analysis draws on material from all of the major common law jurisdictions. The book concludes with an examination of the implications that the European Convention on Human Rights might have for the law of self-defence, especially in the areas of mistaken belief and the degree of force permissible to protect property.

Product Details :

Genre : Law
Author : Fiona Leverick
Publisher : OUP Oxford
Release : 2006-12-07
File : 248 Pages
ISBN-13 : 9780191566653


Honour Killing In The Second Decade Of The 21st Century

eBook Download

BOOK EXCERPT:

Honour killing is considered the worst form of domestic violence against human beings, particularly against women. It is clear that societies across the world – through their laws and their courts – continue to countenance legal defences which overwhelmingly benefit males committing violence against females. Despite the statistics that honour killings are being reported from all over the world, the greatest number of shocking reports of honour killings come from Muslim countries. Unfortunately, Pakistan is among those countries where women are facing various forms of violence in the name of religion, customs and traditions, and cases of honour killing are regularly reported there. It is imperative to understand and see killings in the name of honour from the perspective of those who have been directly affected by the socio-religious cultural norms which condone them. The findings gathered here show that honour killing is not only family or community violence or a tradition to preserve honour, but that behind these killings ulterior purposes are being served and therefore the number of the killings is increasing every year in Pakistan. This book will allow the reader to understand precisely the menace of honour killing and to consider how it can be addressed to save innocent lives and to stop these severe violations of human rights.

Product Details :

Genre : Family & Relationships
Author : Shahnaz Shoro
Publisher : Cambridge Scholars Publishing
Release : 2017-08-21
File : 285 Pages
ISBN-13 : 9781527500655


A Compendium Of American Criminal Law

eBook Download

BOOK EXCERPT:

Product Details :

Genre : Criminal law
Author : Robert Desty
Publisher :
Release : 1882
File : 768 Pages
ISBN-13 : UOM:35112104022076


Shooting To Kill

eBook Download

BOOK EXCERPT:

The present book brings together perspectives from different disciplinary fields to examine the significant legal, moral and political issues which arise in relation to the use of lethal force in both domestic and international law. These issues have particular salience in the counter terrorism context following 9/11 (which brought with it the spectre of shooting down hijacked airplanes) and the use of force in Operation Kratos that led to the tragic shooting of Jean Charles de Menezes. Concerns about the use of excessive force, however, are not confined to the terrorist situation. The essays in this collection examine how the state sanctions the use of lethal force in varied ways: through the doctrines of public and private self-defence and the development of legislation and case law that excuses or justifies the use of lethal force in the course of executing an arrest, preventing crime or disorder or protecting private property. An important theme is how the domestic and international legal orders intersect and continually influence one another. While legal approaches to the use of lethal force share common features, the context within which force is deployed varies greatly. Key issues explored in this volume are the extent to which domestic and international law authorise pre-emptive use of force, and how necessity and reasonableness are legally constructed in this context.

Product Details :

Genre : Law
Author : Simon Bronitt
Publisher : Bloomsbury Publishing
Release : 2012-11-05
File : 342 Pages
ISBN-13 : 9781782250425