Category: Rights Page 4 of 7

Causation and Liability to Defensive Harm

On 30 July, 2020

In this post, Lars Christie discusses his recent article in the Causation in War Symposium in Journal of Applied Philosophy on why causal responsibility is not a requirement for individual liability to defensive harm.

The traditional view in just war theory has been to distinguish sharply between combatants and non-combatants, holding that the latter group is immune from intentional targeting in war, whereas the former can be targeted without further discrimination. A new revisionist position in contemporary just war theory rejects this view and the underlying concept of collective liability on which it rests. According to the revisionist view, whether a person is liable to attack depends solely on their individual moral responsibility for causally contributing to an unjust threat.

A familiar criticism of the revisionist view is that it is too permissive. Since many non-combatants are responsible for individual contributions to the war the revisionist view counterintuitively rules many non-combatants liable to attack. In my article, I present a new and different worry. If causal responsibility is a requirement on individual liability, then many combatants will escape liability to defensive harm, because their actions do not in fact causally contribute to the war. This implication makes the revisionist view too restrictive, or so I argue.

Intellectual Property and the Problem of Disruptive Innovations

By Journal of Applied Philosophy

On 27 July, 2020

In Distribution, Economics, Rights, Technology, Work

In this post, Sam Duncan discusses his recent article in Journal of Applied Philosophy on the rights and duties of intellectual property.

Intellectual property is perhaps the most valuable form of property in the modern economy, and many recently minted multimillionaires and billionaires owe their fortunes to some sort of intellectual property claim. But why think that the creators of intellectual property deserve such outsized rewards? The most obvious answer seems to be to invoke some kind of Lockean or labor-based theory of intellectual property, which are usually taken to grant strong property rights to intellectual property with few obligations. However, as I argue in my recent article, these theories actually entail that those who claim many forms of intellectual property have very strong obligations to those made worse off by them. In fact, they would rule popular solutions to the job losses that many forms of intellectual property bring about, such as the universal basic income, to be entirely inadequate.

Causal Contribution in War

By Journal of Applied Philosophy

On 23 July, 2020

In Duties, Rights, War

In this post, Helen Beebee & Alex Kaiserman discuss their recent article in the Causation in War Symposium in Journal of Applied Philosophy on how a probabilistic account of causation speaks to civilian immunity in war.

According to orthodox just war theory, combatants in armed conflicts don’t have rights against being intentionally killed. But this position has come under sustained attack from moral theorists in recent years. What grounds permissible killing in war, many argue, is just what grounds permissible killing in ordinary life.

It’s not OK to kill someone out of revenge, or even because they just stole your expensive laptop and that’s the only way to retrieve it; but it is OK to kill them if they pose an immediate and unjustified threat to the life of you or your neighbour or a stranger, and killing them is the only way of averting that threat. Similarly for combatants: the right to life is universal, so if a combatant lacks such a right, it’s not in virtue of being a combatant, but rather in virtue of having forfeited her right by wrongfully contributing to an unjustified lethal threat to another person, thereby rendering her liable to be killed in self- or other-defence.

One consequence of this approach is that not all combatants are equal. If the armed forces of Aggressorland unjustifiably threaten the citizens of Victimland, they may forfeit their rights not to be killed by the armed forces of Victimland. But in threatening to respond in this way, the armed forces of Victimland do not forfeit their rights against being intentionally killed, because the threat they pose is justified. In some ways, then, this revisionist approach to the ethics of war offers more moral protections to agents in armed conflicts than traditional just war theory.

The focus of our paper, however, is on the consequences of such a view for non-combatants. On the face of it, if combatants shouldn’t be stripped of their rights to life simply in virtue of being combatants, then neither should non–combatants be allowed to keep their rights to life simply in virtue of being non-combatants. The civilians of Aggressorland may have wrongfully contributed in all kinds of ways to the unjustified threat to Victimland: by voting for the war, manufacturing arms, providing food and medical assistance, or writing pro-war articles, for example. The revisionist seems forced to concede that these civilians, as well as the combatants they support, are legitimate targets of defensive attack.

Causation Doesn’t Come in Degrees

By Journal of Applied Philosophy

On 16 July, 2020

In Duties, Rights, War

In this post, Carolina Sartorio discusses her recent article in the Causation in War Symposium in Journal of Applied Philosophy on how degrees of causation can (and cannot) bear on liability to harm.

The recent literature on the ethics of war draws heavily on the concept of causation. Your liability to be attacked during a war, some suggest, depends on the extent of your causal contribution to an unjust threat. Prominent theorists like Jeff McMahan and Cecile Fabre embrace a principle of civilian immunity on this basis: they claim that civilians (unlike soldiers) aren’t liable to attack because their causal contributions to an unjust war are typically very minimal. These ideas rest on an important assumption: that causation comes in degrees. But, is this assumption true? In my article, I argue against it. I claim that the appearance that causation comes in degrees is an illusion that can be explained away.

Forced Marriage in Times of COVID-19

By admin

On 13 July, 2020

In Gender, Governance, International, Liberty, Rights

In this guest post, Helen McCabe discusses whether COVID-19 will set back the aim of ending forced marriage.

Governments need to act regarding the impact of COVID-19 on women. More than that, they need to ensure future responses to pandemics don’t perpetuate sexism or exacerbate unequal impacts on women. This necessitates acknowledging the damage currently being done and committing to learning from this example.

Introduction: Symposium on War and Causation

By Journal of Applied Philosophy

On 9 July, 2020

In Duties, Rights, War

In this post, Helen Frowe and Massimo Renzo introduce a recent symposium they edited in Journal of Applied Philosophy on how accounts of causation bear on ethics in war.

Causation, and differences in types of causal contribution, underpin various issues in the ethics of war and defensive harming. For example, one of the key ideas about defensive harming is that of moral liability to defensive harm. A standard view of liability is that a person forfeits her right not to suffer harm if she is morally responsible for a threat of unjust harm to others. Her specific connection to the threat might matter in several ways – the degree, type, and proximity to causation might all make a difference to her liability. Some writers argue that although civilians causally contribute to threats of unjust harm in war, they do not contribute enough to render themselves liable to (lethal) attack. Others argue that making distinctively military causal contributions, such as providing weapons, makes one a candidate for liability, but contributing food or medical supplies does not. Still others argue that one’s position in the causal chain bears on one’s liability: only those who directly pose threats of unjust harm, or who are sufficiently causally proximate to them, are liable to defensive harm.

However, despite their centrality to some of the most important issues in the ethics of war and self-defence, there has been very little exploration of whether these claims withstand scrutiny from the perspective of our best accounts of causation. To cast some light on this, the Conversations on War project, which is run by the Stockholm Centre for the Ethics of War and Peace and the YTL Centre at King’s College, London, set out to explore how philosophers working on the ethics of war can draw on research in other areas of philosophy to improve our accounts of harming in war, and how research on the ethics of war might challenge or illuminate work in those other areas. In this post, we summarise our introduction to a symposium that arose from these conversations that offers a substantial critical analysis of the role of causation in contemporary work on the ethics of war and self-defence, and is an important move towards making work on just war theory and defensive harm less insular.

Consultation that silences

By Journal of Applied Philosophy

On 11 June, 2020

In Climate, Democracy, Governance, Rights

In this post, Dina Lupin Townsend discusses her recent article co-authored with Leo Townsend in Journal of Applied Philosophy on the silencing of indigenous communities in consultation processes.

Photo by Jonatan Lewczuk on Unsplash

Ten years ago, I was working as an attorney at the Centre for Environmental Rights, an NGO and environmental law clinic in South Africa. My work involved representing impoverished rural communities whose land and livelihoods were threatened by mining activities. With almost no resources, these communities were battling some of the most powerful multinational companies in the world.

Despite this inequality of resources, these communities should have been able to hold mining companies to account under South Africa’s rights-based legal system. The law requires that any development includes those affected within decision-making processes. Communities have a collective right to participation in these processes, and mining companies are obligated to consult with them before undertaking any activities.

On the face of it, the right to consultation should ensure that communities are kept informed and given a say in the decision-making process. In practice, however, consultation with affected communities is often little more than a box-ticking exercise. The clients I represented frequently complained of being unheard and marginalised by the very processes that were meant to empower their voices.

The experience of South African communities is far from unique in this regard. Faced with similar circumstances, Indigenous and rural peoples across the world have demanded that they be consulted and given opportunities to have their say about industrial activities on their land. But while states and companies are increasingly recognizing that they must consult affected communities, the consultation processes that they undertake often fail to give these communities a real say. Indeed, as Leo Townsend and I argue in a recent paper, there are consultation practices that routinely prevent communities from having their say and thereby silence their voices.

Feminism and the top end of the payscale

By Anca Gheaus

On 8 June, 2020

In Distribution, Economics, Gender, General, Rights

Class is a deep dividing line in feminism for two, mutually compatible, reasons: One is about the strategic use of limited time and energy in the feminist movement. The interests of poor and working-class women often diverge from the interests of the more privileged, hence the need to set priorities. This is what my previous post was about.

But the more important reason – captured these days by the agenda of the Feminism for the 99% movement – is that the problems of women who make it to the top are parasitic on a structure of the labour market and schedule of rewards that should not exist in the first place. This second complaint against lean-in feminism (sometimes and, I think, mistakenly, identified as “liberal feminism”) is not merely about misplaced priorities, but about identifying feminism with the gender cosmetisation of deeply unjust existing arrangements. The worry with the upper class feminism is, as Cinzia Arruzza, Tithi Bhattacharya, and Nancy Fraser put it, that “[i]ts real aim is not equality, but meritocracy. Rather than seeking to abolish social hierarchy, it aims to “diversify” it, “empowering” “talented” women to rise to the top.”

Unlocking care in prisons

By Journal of Applied Philosophy

On 4 June, 2020

In Duties, Governance, Health, Moral values, Punishment, Rights

In this post, Helen Brown Coverdale discusses her recent article in Journal of Applied Philosophy on care in prisons.

Lawyers, criminologists and campaign groups increasingly call out the injustices of prison conditions. They are right to do so – we cannot and should not ignore brutalisation permitted and perpetrated by the state. But there’s more to prison life than violence. Although it may surprise you, care is present in prisons. In my article ‘Caring and the Prison in Philosophy, Policy and Practice: Under Lock and Key’, I argue that the ethics of care can enhance how we think about punishment. Care ethics can recognise and value caring in prisons, recognise and condemn both violence and inadequate caring, and help us improve criminal punishment by its own lights.

Making Sense of “Erasing History”

By Journal of Applied Philosophy

On 9 April, 2020

In Democracy, Governance, Moral values, Rights

In this post, Daniel Abrahams discusses his recent article in Journal of Applied Philosophy on the role of history in erasing-history.

The last five years have seen a re-evaluation of public history. Beginning with the Rhodes Must Fall movement in Cape Town, popular movements have argued and fought for the removal of commemorative statues of toxic historical figures. Movements have targeted memorials of British colonialist Cecil Rhodes, statues honouring Confederate soldiers from the American Civil War, and honourifics for Canada’s first Prime Minister, John A Macdonald.

In each case, defenders of the statues have argued that removing the statues would constitute “erasing history.” This might seem like a curious complaint at first: Canadians are not about to forget about Canada’s first Prime Minister any time soon. The internet provides plenty of resources, and history will still be taught in schools. Taking down a statue is obviously a long way from the Orwellian project of deleting something from the historical record. However, the complaint must have some intuitive pull as people keep making it. In a recent article, I take up the case of Macdonald and use it to spell out both the best way to understand the erasing history defence, and suggest ways to engage it on its core concern.