Forthcoming in BJ Strawser, Ryne Jenkins and Mike Robillard (eds.) Who Should Die?: Liability and Killing in War (Oxford University Press).
27 Pages Posted: 6 Jul 2017
Date Written: 2017
This essay advances a morality of defensive harm, which I call "Rule-SD." Rule-SD resolves in a new way two types of difficult cases. It entails that if certain conditions are met, a defender has the right to kill a man who is innocently falling on her, if this is necessary for her survival. Moreover, Rule-SD yields the "free competition resolution" in some symmetrical cases; it implies that, two people who innocently threaten each other, whose position vis-à-vis each other is identical in every factual and (therefore) normative respect, might have a right to kill each other if necessary for their survival.
Keywords: Defensive Rights, Preemptive Rules, the right to kill
Suggested Citation: Suggested Citation
Benbaji, Yitzhak, Preemptive Rules and the Scope of Defensive Rights (2017). Forthcoming in BJ Strawser, Ryne Jenkins and Mike Robillard (eds.) Who Should Die?: Liability and Killing in War (Oxford University Press).. Available at SSRN: https://ssrn.com/abstract=2995926