Fritz Allhoff, J.D., Ph.D.

This volume seeks to divide challenges to the just war tradition into thematic categories, to better outline the changing landscape of the Just War tradition. The motivating idea and common thread that will carry through the collection is to engage in a process of reflective equilibrium where the various authors will not only present some element in the Just War tradition to see how it applies to modern warfare, but how the facts about modern warfare can and ought to bear upon/change different elements in the philosophy and ethics that underpin Just War theories. We see the book as a link between theoretical discussions of modern warfare and the practical and real-world developments of warfare in the 21st century.

This article responds to David Steinberg's proposal in favor of an organ donation system that gives allocation preference to people who agree to donate after they die. This article challenges the notion that organ taking is morally impermissible and questions Steinberg’s program on the grounds that it would unfairly discriminate against these people by deprioritizing their claims to the kidney supply. Relatedly, the article suggests that Steinberg’s proposal effectively coerces people to opt in, thus calling into question the legitimacy of the consent on which their decisions were predicated.

Ticking time-bomb cases famously—or infamously—invite us to imagine a scenario wherein the torture of one guilty terrorist will lead to the acquisition of information that can be used to save the lives of many innocents. Despite the contemporary focus on such cases, they have a long tradition, dating to the early 1800s. And, throughout their history, they have appeared in various guises, from the literary to the public to the philosophical. The principal moral question suggested by these cases is whether one harm can be effected such that a worse one is not; while there is certainly dissent, most moral philosophers would answer this question in the affirmative. That said, there is substantial doubt as to whether torture would be the lesser harm or, more generally, whether ticking time-bomb cases gain any purchase in the real world or are otherwise relegated to philosophical fiction. But even if they gain such purchase, then what? In other words, even if torture can be morally justified in exceptional cases, should we authorize it? I n the literature—and conceptually—there are three basic approaches to authorizing torture. The first is not to authorize it at all, which is to say that torture—even if justified—requires some sort of punishable civil disobedience. Another approach is to authorize torture ex ante, such as through torture warrants. On this approach, torture remains prohibited except for when a judge grants permission for its application. Torture warrants have been defended by Alan Dershowitz, and we will evaluate that debate. Finally, torture can be legitimized ex post, which is to say that torture remains illegal but can nevertheless be justified or excused; our discussion will focus on the justifications of self-defense and necessity.