By Christian Coons, Michael Weber
The fifteen new essays amassed during this quantity tackle questions in regards to the ethics of self-defense, so much centrally while and to what volume using protecting strength, specially deadly strength, could be justified. Scholarly curiosity during this subject displays public trouble stemming from arguable situations of using strength by way of police, and armed forces strength exercised within the identify of protecting opposed to transnational terrorism. The individuals pay unique recognition to choosing while a danger is vulnerable to protecting damage, although doubts approximately this emphasis also are raised. The legitimacy of so-called "stand your floor" guidelines and legislation can be addressed. This quantity should be of significant curiosity to readers in ethical, political, and criminal philosophy.
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Extra resources for The ethics of self-defense
Example text
10 On this point, I am in apparent disagreement with my frequent coauthor, Kim Ferzan. See Kimberly Kessler Ferzan, “Culpable Aggression: The Basis for Moral Liability to Defensive Killing,” Ohio State Journal of Criminal Law 9 (2012): 669, 694. Ferzan would, however, hold out the possibility that V’s use of a CP as a means for defending himself might be excusable (or agent-relative permitted) even if not agent-neutrally justifiable. Jeff McMahan, on the other hand, seems more sympathetic to my view that the CP’s unpunished culpability renders the CP liable to be justifiably used as a means.
If the facts were as he believes them to be, he is about to be killed by a CA. Quong then says that if Resident is an IA and not a CA—as Resident surely is—then Resident is not liable to preventive force. I agree. Quong concludes, however, by arguing that the implausible implication of Resident’s being an IA rather than a CA is that, on my account, the twin brother may not use force to defend himself against Resident. Quong is wrong, however. Even if Resident is an IA in attacking the twin brother, the latter may be an IA in defending himself.
For example, those IAs, like Resident, who threaten force against Vs because they nonculpably but mistakenly believe facts that would justify that force are, according to Quong, liable to preventive force in a way that other IAs—for example, the IA with the bomb-r igged cell phone—are not liable. Suppose, then, that IA is a policeman. Al has been seized by some evildoers and has been rigged up to look as if he is a suicide bomber. He is then released by his captors into a crowded mall. He begins screaming, and IA, believing Al is a real suicide bomber about to detonate his explosives and kill several people, points a gun at him intending to shoot him and prevent the detonation.