Please use this identifier to cite or link to this item: http://hdl.handle.net/1893/24910
Appears in Collections:Law and Philosophy Journal Articles
Title: Necessity and Liability: On an Honour-Based Justification for Defensive Harming
Author(s): Bowen, Joseph
Contact Email: joseph.bowen1@stir.ac.uk
Issue Date: Dec-2016
Date Deposited: 1-Feb-2017
Citation: Bowen J (2016) Necessity and Liability: On an Honour-Based Justification for Defensive Harming. Journal of Practical Ethics, 4 (2), pp. 79-93. http://www.jpe.ox.ac.uk/papers/necessity-and-liability-on-an-honour-based-justification-for-defensive-harming/
Abstract: This paper considers whether victims can justify what appears to be unnecessary defensive harming by reference to an honour-based justification. I argue that such an account faces serious problems: the honour-based justification cannot permit, first,defensiveharming, and second,substantialunnecessary harming. Finally, I suggest that, if the purpose of the honour based justification is expressive, an argument must be given to demonstrate why harming threateners, as opposed to opting for a non-harmful alternative, is the most effective means of affirming one’s honour. Along the way, I also suggest why I think thatinternalismabout the constraints on defensive harming (the view that the satisfaction of the necessity constraint is a necessity condition of a threatener’s liability) is correct. Most importantly, externalism implies that threateners can be liable to suffer gratuitous harm. I take this to be an unattractive consequence of the view.
URL: http://www.jpe.ox.ac.uk/papers/necessity-and-liability-on-an-honour-based-justification-for-defensive-harming/
Rights: This article is distributed under the Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported licence. The full text of the licence is available at: http://creativecommons.org/licenses/by-nc-nd/3.0/legalcode
Licence URL(s): http://creativecommons.org/licenses/by-nc-nd/4.0/

Files in This Item:
File Description SizeFormat 
JPE0034-Bowen.pdfFulltext - Published Version167.97 kBAdobe PDFView/Open



This item is protected by original copyright



A file in this item is licensed under a Creative Commons License Creative Commons

Items in the Repository are protected by copyright, with all rights reserved, unless otherwise indicated.

The metadata of the records in the Repository are available under the CC0 public domain dedication: No Rights Reserved https://creativecommons.org/publicdomain/zero/1.0/

If you believe that any material held in STORRE infringes copyright, please contact library@stir.ac.uk providing details and we will remove the Work from public display in STORRE and investigate your claim.