Tadros, Victor (2012) Duty and liability. Utilitas, Volume 24 (Number 2). pp. 259-277. doi:10.1017/S095382081200012X

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Abstract

In his recent book, Killing in War, Jeff McMahan sets out a number of conditions for a person to be liable to attack, provided the attack is used to avert an objectively unjust threat: (1) The threat, if realized, will wrongfully harm another; (2) the person is responsible for creating the threat; (3) killing the person is necessary to avert the threat, and (4) killing the person is a proportionate response to the threat. The present article focuses on McMahan's second condition, which links liability with responsibility. McMahan's use of the responsibility criterion, the article contends, is too restrictive as an account of liability in general and an account of liability to be killed in particular. In order to defend this claim, the article disambiguates the concept of liability and explores its role in the philosophical analysis of the permission to cause harm to others.

Item Type:	Journal Article
Subjects:	B Philosophy. Psychology. Religion > B Philosophy (General) K Law [LC] > KD England and Wales
Divisions:	Faculty of Social Sciences > School of Law
Library of Congress Subject Headings (LCSH):	Murder, Criminal liability , Liability (Law)
Journal or Publication Title:	Utilitas
Publisher:	Cambridge University Press
ISSN:	0953-8208
Official Date:	June 2012
Dates:	Date Event June 2012 Published
Volume:	Volume 24
Number:	Number 2
Page Range:	pp. 259-277
DOI:	10.1017/S095382081200012X
Status:	Peer Reviewed
Publication Status:	Published
Access rights to Published version:	Restricted or Subscription Access

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