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Preemptive Rules and the Scope of Defensive Rights

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  

Yitzhak Benbaji

Tel Aviv University - Buchmann Faculty of Law

Date Written: 2017

Abstract

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

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

Yitzhak Benbaji (Contact Author)

Tel Aviv University - Buchmann Faculty of Law ( email )

Ramat Aviv
Tel Aviv 69978, IL
Israel

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