The Morality of the Laws of War: War, Law, and Murder

Cover
Series
The Morality of the Laws of War
Copyright
Dedication
Contents
I. Introduction: The Problem with the Legal Equality of Combatants
I. Just War and Just Combatants
II. The Laws on Killing in War
A. Who Is a Privileged Combatant?
B. Who Can Be Targeted?
C. How to Kill?
D. When Does the Privilege to Kill Apply?
Part 1. The Revisionist Morality  and the Laws of War
	II. Combatants and the Privilege to Kill
		I. Introduction
		II. War and Hohfeld
		III. Privileged Killings and Privileged Combatants
		IV. A Mere Immunity from Prosecution?
		V. Conclusion
	III. Regulating Murder: Instrumentalism and the Revisionist Morality
		I. Introduction
		II. Instrumentalism and the Humanitarian View
			A. The Humanitarian View
		III. Instrumentalism: The Appeal and the Objections
		IV. War and Perpetual Peace
		V. Conclusion
Part 2. Attenuating Instrumentalism’s Fragility
	IV. Non-​Instrumentalism and the Revisionist Morality
		I. Introduction
		II. The Moral Division of Labour and Role Morality
		III. Democratic Authority
		IV. Conclusion
	V. Just Wars, Just Combatants, Just Killings?
		I. Introduction
		II. Revisionism
			A. Methodological Revisionism
			B. Substantive Revisionism: Liability and Self-​Defence
				1. Liability to harm
				2. The moral responsibility account of liability
		III. Liability, Self-​Defence, and their Limitations
			A. Killing Aggressors: Liability, Combatants, and the Villainous Aggressor
				1. Unjust combatants and the threats they pose
				2. Unjust combatants and moral responsibility
			B. Killing Enemy Combatants
			C. Killing the Many: Unjust Combatants and the Number of Aggressors
				1. Unjust combatants and narrow proportionality
				2. Unjust combatants and necessity
		IV. Conclusion
	VI. The Non-​liability of Unjust Combatants
		I. Introduction
		II. Unjust Combatants and the Problem with Forfeiture
		III. A Lesser-​Evil Justification
			A. What is a Lesser-​Evil Justification?
		IV. Lesser-​Evil Justifications, Killing in War, and the Combined Justification
			A. Lesser Evil instead of Liability
			B. Lesser Evil with Liability: The Combined Justification
		V. Conclusion
	VII. Beyond Self-​Defence
		I. Introduction
		II. Recap and the Chain of Command Issue
		III. Just War and Killing
			A. A Just War
			B. Just War and Unjust Combatants
		IV. Permissibility in Defensive Harm
			A. Moral Residue: Acting Against Important Values
			B. Small Differences in the Weight of Reasons
			C. Wronging the Non-​Liable
			D. Back to Small Differences in the Weight of Reasons
		V. Permissibility: Implications and Advantages
		VI. Permissibility: Objections
		VII. Conclusion
	VIII. Unjust Combatants
		I. Introduction
		II. A Background of Duress and Uncertainty
		III. Collective Enterprises and Their Moral Heterogeneity
			A. Just Wars: Fighting Unjustly
			B. The Problem of Small Contributions
				1. It makes no difference whether or not I fight
				2. It makes no difference whether or not I surrender
		IV. Risking Your Life
			A. Unjust Combatants, Counter-​Defence, and Defence of Others
			B. It’s You or Me: Doing Your Share and Deflecting Harm
		V. Conclusion: The Small Moral World of Combatants
	Conclusion: The Peace That Was Promised
Bibliography
Index