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The Mechanics of Claims and Permissible Killing in War (Hardcover)
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The Mechanics of Claims and Permissible Killing in War (Hardcover)
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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.
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