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/ |
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