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Distributive justice for aggressors

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Tomlin, Patrick (2020) Distributive justice for aggressors. Law and Philosophy, 39 . pp. 351-379. doi:10.1007/s10982-019-09373-3 ISSN 0167-5249.

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Official URL: https://doi.org/10.1007/s10982-019-09373-3

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Abstract

The individualist nature of much contemporary just war theory means that we often discuss cases with single attackers. But even if war is best understood in this individualist way, in war combatants often have to make decisions about how to distribute harms among a plurality of aggressors: they must decide whom and how many to harm, and how much to harm them. In this paper, I look at simultaneous multiple aggressor cases in which more than one distribution of harm among aggressors is available. I show how such cases pose deep questions concerning the nature, role, and scope of the necessity principle, and its relationship to both liability and narrow proportionality. I argue that a hitherto unrecognised measure – ‘narrow proportionality shortfall’ – and its distribution is relevant in choosing how to distribute harms across aggressors. I then extend this analysis to show how this may help us with a puzzle concerning sequential attacks.

Item Type: Journal Article
Subjects: B Philosophy. Psychology. Religion > B Philosophy (General)
B Philosophy. Psychology. Religion > BF Psychology
U Military Science > U Military Science (General)
Divisions: Faculty of Social Sciences > Philosophy
Library of Congress Subject Headings (LCSH): War (Philosophy), Just war doctrine, Military ethics, Aggressiveness
Journal or Publication Title: Law and Philosophy
Publisher: Springer
ISSN: 0167-5249
Official Date: 31 August 2020
Dates:
DateEvent
31 August 2020Published
31 January 2020Available
27 December 2019Accepted
Volume: 39
Page Range: pp. 351-379
DOI: 10.1007/s10982-019-09373-3
Status: Peer Reviewed
Publication Status: Published
Access rights to Published version: Open Access (Creative Commons)
Date of first compliant deposit: 29 April 2020
Date of first compliant Open Access: 29 April 2020
Is Part Of: 1

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