Uwe Steinhoff

I argue that rights-forfeiture by itself is no path to permissibility at all (even barring special circumstances), neither in the case of self-defense nor in the case of punishment. The limiting conditions of self-defense, for instance – necessity, proportionality (or no gross disproportionality), and the subjective element – are different in the context of forfeiture than in the context of justification (and might even be absent in the former context). In particular, I argue that a culpable aggressor, unlike an innocent aggressor, forfeits rights against proportionate defense, including unnecessary defense (as well as rights against the infliction of proportionate non-defensive harm). Yet, I demonstrate that this stance need not lead to the abandonment of the necessity condition of justified self-defense in the case of a culpable aggressor. Since justification and liability are not the same, there is no reason to assume that the necessity condition of justified self-defense must be explained under an appeal to the aggressor’s rights. Parallel arguments apply to the other limiting conditions of permissible self-defense as well as to the limiting conditions of permissible punishment. Accordingly, I also sketch alternative explanations of the proportionality requirement and the subjective element. All these alternative explanations appeal to a principle of precaution: instead of explaining the unjustifiability of unnecessarily harming a culpable attacker or wrongdoer by an appeal to the rights of the attacker or wrongdoer himself, one can also, and better, explain it by a requirement to take reasonable precautions against violating the rights of innocent people.

McMahan’s own example of a symmetrical defense case, namely his tactical bomber example, opens the door wide open for soldiers to defend their fellow-citizens (on grounds of their special obligations towards them) even if as part of this defense they target non-liable soldiers. So the soldiers on both sides would be permitted to kill each other and, given how McMahan defines “justification,” they would also be justified in doing so and hence not be liable. Thus, we arrive, against McMahan’s intentions, at a moral equality of combatants. In addition, his own account of liability cannot deal adequately with symmetrical defense cases in the first place. This undermines his presupposition that justification defeats liability, which is central to his defense of the moral inequality of combatants. I shall argue that McMahan’s attempts to counter these objections fail and that therefore his general claim of the moral inequality of combatants remains unpersuasive.

Wann ist ein Krieg gerecht? Wer ist "unschuldig", und wer ist unter welchen Umstanden ein legitimes Angriffsziel? Und was bedeutet das fur die Beurteilung von Terrorismus? Diese und andere hochaktuelle Fragen behandelt Uwe Steinhoff in seiner kritischen und provokativen Analyse auch im Ruckgriff auf aktuelle Beispiele wie den Nahostkonflikt und den "Krieg gegen den Terror". Der Leser erhalt einen profunden und prazisen Uberblick uber die philosophische Debatte als unentbehrliches Rustzeug fur die eigene Urteilsfindung. "In seiner gewahlten Rolle als philosophe provocateur prasentiert Steinhoff eine nachhaltige Position und untermauert sie mit enthusiastischen Kritiken konventioneller Ansichten und dem unerschrockenen Ausbuchstabieren der Logik der Alternativen. Insbesondere fur Philosophiestudenten wird dieses Buch eine nutzliche Provokation sein, und vieles von dem, was gesagt wird, verdient Zustimmung." "Dieses kraftvoll herausfordernde Buch wird zweifelsohne Kontroversen provozieren und die Debatte stimulieren."

Thomas Pogge labels the idea that each person owes each other person equal respect and concern ‘ethical cosmopolitanism’ and correctly states that it is a ‘non-starter’. He offers as an allegedly more convincing cosmopolitan alternative his ‘social justice cosmopolitanism’. I shall argue that this alternative fails for pretty much the same reasons that ‘ethical cosmopolitanism’ fails. In addition, I will show that Pogge's definition of cosmopolitanism is misleading, since it actually applies to ethical cosmopolitanism and not to social justice cosmopolitanism. This means that cosmopolitanism as defined by Pogge is wrong in the light of his own arguments and that Pogge is not even a cosmopolitan in the sense of his own definition. I will further show that he is also not a cosmopolitan if cosmopolitanism is defined as a philosophical position involving the claim that state borders have no fundamental moral significance.

abstract Can torture be morally justified? I shall criticise arguments that have been adduced against torture and demonstrate that torture can be justified more easily than most philosophers dealing with the question are prepared to admit. It can be justified not only in ticking nuclear bomb cases but also in less spectacular ticking bomb cases and even in the so‐called Dirty Harry cases. There is no morally relevant difference between self‐defensive killing of a culpable aggressor and torturing someone who is culpable of a deadly threat that can be averted only by torturing him. Nevertheless, I shall argue that torture should not be institutionalised, for example by torture warrants.

A standard example of a justified aggressor is the tactical bomber who is about to destroy an ammunitions factory in a proportionate, justified military attack, full well knowing that an innocent civilian bystander will also be killed by his attack (“collateral damage”). Intuitively it seems hard to believe that the innocent bystander threatened by the tactical bomber is morally prohibited from killing him in self-defense. Yet, Stephen R. Shalom indeed endorses such a prohibition. I shall argue that all the examples Shalom offers in support of his view are disanalogous to the case in question, and provide examples that are analogous and strongly suggest that Shalom’s claim leads to counter-intuitive implications. Moreover, I will provide a clear-cut case that demonstrates that Shalom cannot rely on a general principle prohibiting lethal violence against permissible violence. Thus, I conclude that Shalom has failed to provide a convincing argument in support of his case.

Over the years a few authors have argued that Rawls’s ideal theory of justice is useless for the real world. This criticism has been largely ignored by Rawlsians, but in the light of a recent accumulation of such criticisms, some authors (in particular Holly Lawford-Smith, A. John Simmons, Zofia Stemplowska and Laura Valentini) have tried to defend ideal theory. In this article I will recapitulate the precise problem with Rawls’s ideal theory, argue that some of Rawls’s defenders misconceive it, and show that recent attempts to rescue Rawls’s ideal theory from the charge of being useless fail. While there are useful kinds of ideal theory, Rawls’s is not one of them. In addition, Rawls’s very tentative suggestions for some kind of bridge between ideal and non-ideal theory are contradictory insofar as they implicitly presuppose the non-existence of the problem they are meant to solve. Thus, Rawls’s “non-ideal theory” too, is useless, and not so much a theory at all but a set of ad hoc stipulations. Finally, I will show that certain attempts within the global justice debate to use some variation of the original position to directly derive guidelines for the real world are misguided and yield no useful results.

David Rodin denies that defensive wars against unjust aggression can be justified if the unjust aggression limits itself, for example, to the annexation of territory, the robbery of resources or the restriction of political freedom, but would endanger the lives, bodily integrity or freedom from slavery of the citizens only if the unjustly attacked state actually resisted the aggression. I will argue that Rodin's position is not correct. First, Rodin's comments on the necessity condition and its relation to an alleged "duty to retreat" misinterpret the law, and a correct interpretation of the law is not only compatible with, but implies a permission to resist the "bloodless invader," and this is also the correct view from the perspective of morality. Second, Rodin's remarks on the proportionality of self-defense against conditional threats focus on physical or material harm but implausibly ignore the severity of the violations of autonomy and of the socio-legal or moral order that such conditional threats involve. Third, I will address Rodin's claim that defensive wars against "political aggression" are disproportionate because they risk the lives of those defended in an attempt to secure lesser interests. I will argue that this take on proportionality misses the point in an important respect, namely by confusing wide and narrow proportionality, and makes unwarranted assumptions about the alleged irrationality or impermissibility of incurring or imposing lethal risks to safeguard less vital interests. Next, I will also show that while Rodin talks of a "myth of national self-defense" and of the necessity of moving beyond traditional just war theory and international law, it is actually his interpretation of just war theory and international law that weaves myths. Finally, I will argue that Rodin's views on national self-defense on the one hand, and "war as law enforcement" on the other, are incoherent.

Is there is a moral obligation to militarily intervene in another state to stop a genocide from happening (if this can be done with proportionate force)? My answer is that under exceptional circumstances a state or even a non-state actor might have a duty to stop a genocide (for example if these actors have promised to do so), but under most circumstances there is no such obligation. To wit, “humanity,” states, collectives, and individuals do not have an obligation to make such promises in the first place or to create institutions that would impose a legal obligation of intervention upon them. Nor do states or persons or humanity “collectively” have – originally, without specifically creating such duties by contracts or promises – any pro tanto or special duties to save strangers at considerable cost to themselves or their own citizens (including their soldiers). That is, these costs do not merely override a duty to intervene, but rather there is no such duty to begin with – as shown by the fact that in such cases of non-intervention agents would not owe those they let die any compensation: if I do not save someone’s life because saving him would have cost me my arm or would have come with a high risk of losing my own life or would have forced me to kill innocent bystanders, I do not owe this person compensation. Thus the point of this chapter is that there is no “natural” or “general” or “original” duty to militarily intervene (or to create a legal obligation) to stop a genocide. I will consider and refute a number of arguments to the contrary, for example by Lango, Tan, and Pattison.

Practically all modern definitions of war rule out that individuals can wage war. They conceive of war as a certain kind of conflict between groups. In fact, many definitions even restrict the term “war” to sustained armed conflicts between states. Instead of taking such definitions as points of departure, the article starts from scratch. I first explain what an explication of the concept of “war” should achieve. I then introduce the fundamental, and frequently overlooked, distinction between war as an historical event and war as an action. It is war as action—which, unlike events, can be right or wrong—that I explicate. Testing our linguistic intuitions with different examples of conflict I isolate several criteria that a war proper has to fulfill and try to demonstrate that not only collectives but individuals, too, can wage war. In conclusion I examine alternative definitions of war and show that in comparison to them mine fares rather well.

Jonathan Quong proposes the following “Stringency Principle” for proportionality in self-defense: “If a wrongful attacker threatens to violate a right with stringency level X, then the level of defensive force it is proportionate to impose on the attacker is equivalent to X.” I adduce a counter-example that shows that this principle is wrong. Furthermore, Quong assumes that what determines the stringency of a person’s right is exclusively the amount of force that one would have to avert from someone else in order to have a necessity justification for one’s transgressing the right in order to avert said force. Yet, Quong provides no argument as to why, first, the stringency of a right should be measured exclusively with reference to permissible rights-infringement; and second, he provides no explanation as to why the permissibility of the rights-infringement should be established with reference to “someone else,” namely with reference to an “innocent person,” instead of with reference to the person against whom the right in question is actually being held: the aggressor. I argue that the latter option is certainly the more plausible one, but so amended the stringency principle will be unable to adjudicate any substantive questions about proportionality in self-defense. In particular, Quong’s account cannot “explain” – contrary to what Quong claims – the allegedly intuitive judgment that one must not kill in defense of property or in order to avoid minor injuries.

In a recent article Yvonne Chiu argues that nonuniformed combat is impermissible. However, her argument that by fighting without uniforms nonuniformed guerillas coerce civilians into participating in the armed conflict and thus into surrendering their immunity (their right not to be attacked) fails: there is no coercion, no participation, and no surrendering of immunity. Yet even if this argument of hers were correct, it would still not show that such “coercion” would amount to a rights infringement. Moreover, even if it did, there are examples that show that such an infringement would sometimes be perfectly justified. Finally, if she were right that forcing civilians into a moral position that they have not accepted or chosen is absolutely wrong, then this would affect the moral status of uniformed combatants no less than it would affect the moral status of nonuniformed ones.

According to the dominant position in the just war tradition from Augustine to Anscombe and beyond, there is no "moral equality of combatants." That is, on the traditional view the combatants participating in a justified war may kill their enemy combatants participating in an unjustified war - but not vice versa (barring certain qualifications). I shall argue here, however, that in the large number of wars (and in practically all modern wars) where the combatants on the justified side violate the rights of innocent people ("collateral damage"), these combatants are in fact liable to attack by the combatants on the unjustified side. I will support this view with a rights-based account of liability to attack and then defend it against a number of objections raised in particular by Jeff McMahan. The result is that the thesis of the moral equality of combatants holds good for a large range of armed conflicts while the opposing thesis is of very limited practical relevance.

In a recent paper, McMahan argues that his ‘Responsibility Account’, according to which ‘the criterion of liability to attack in war is moral responsibility for an objectively unjustified threat of harm’, can meet the challenge of explaining why most combatants on the unjustified side of a war are liable to attack while most civilians (even on the unjustified side) are not. It should be added, however, that in the light of his rejection of the ‘moral equality of combatants’, McMahan would also have to explain why combatants on the justified side of a war are not liable to attack. I will argue here that McMahan does not succeed in meeting these challenges.

Saba Bazargan proposes a novel “hybrid” justification for the killing of minimally responsible threats (MRTs). His account allegedly combines two elements, namely “the complex account of liability” and “the lesser-evil discounting view.” I argue that Bazargan’s conclusion that minimally responsible threats can sometimes be killed as well as certain other conclusions that Bazargan regards as a particular advantage of his hybrid account are single-handedly generated by one element of the “hybrid account,” namely by the lesser-evil discounting view. The lesser-evil discounting view therefore does not need to be combined with “the complex account of liability,” nor, indeed, with any account of liability. Thus, Bazargan’s hybrid view is redundant. Moreover, I will argue that both the hybrid view and the lesser evil discounting view of killing MRTs have strongly counter-intuitive implications and should therefore be rejected.

In his article ‘Is Truth a Goal of Enquiry?’ Rorty claims that the difference between truth and justification makes no difference to practice. His argument for this is that assessment of truth and assessment of justification are the same activity. This argument is insufficient, for the difference to practice can be found elsewhere. I shall demonstrate that, and also show in which way this difference manifests itself in utility/risk calculations in which the risk is that a certain justified belief might be false. Since decisions are often based upon such utility/risk calculations, and since these calculations presuppose the difference between truth and justification, the difference between truth and justification does make a difference to practice