Book Cover
Author Draper, Kai, author.

Title War and individual rights : the foundations of just war theory / Kai Draper
Published New York, NY : Oxford University Press, [2016]
Online access available from:
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Description 1 online resource
Contents Cover; Contents; Acknowledgments; 1. Introduction; 1.1. Overview; 1.2. Individualism vs. collectivism; 1.3. Methodology; 1.4. The existence of moral rights; 1.5. Terminology; 2. A Lockean Framework of Rights; 2.1. The right to one's own person; 2.2. Property rights and rights of first arrival; 2.3. Negative need rights; 2.4. Autonomy, well-being, and rights; 3. Rights and Harm; 3.1. The doctrine of doing and allowing; 3.2. Quinn's interpretation of the doctrine; 3.3. Foot's interpretation of the doctrine; 3.4. The causal interpretation of the doctrine
3.5. The acting-on interpretation of the doctrine3.6. A rights-based alternative; 3.7. Three objections; 3.8. Rights and intentions; 4. Liability to Defense; 4.1. The rights enforcement account; 4.2. Defense against the innocent; 4.3. Defense of the guilty; 4.4. The defense liability principle; 4.5. Three objections; 4.6. Forfeiture; 4.7. Montague and McMahan; 5. Necessity and Proportionality in Defense; 5.1. A defense of internalism; 5.2. Necessary harm; 5.3. Proportionate harm; 5.4. Do the numbers count?; 6. Liberating Just War Theory from Double Effect; 6.1. The structure of my argument
6.2. PDE, MP, and rights6.3. Quinn's defense of double effect; 6.4. Recent attempts to improve upon Quinn; 6.5. The restricting claims principle; 6.6. Alleged support for a strongly discriminating principle; 6.7. The irrelevance of weakly discriminating principles; 7. The Rights of Innocent Bystanders; 7.1. Unauthorized violence; 7.2. Excusable violence; 7.3. Liability through assumed risk; 7.4. Ex ante compensation; 7.5. Justifiable infringements upon rights; 8. How to Justify Waging War; 8.1. The justifiable war principle; 8.2. Is the justifiable war principle too demanding?
8.3. The flaws of traditional jus ad bellum9. The Scope of Liability in War; 9.1. Combatants and military personnel; 9.2. Those who assist unjust aggressors; 9.3. Munitions workers; 9.4. Farmers and taxpayers; 10. Citizenship and Liability; 10.1. Agency and liability; 10.2. Nonintervention and liability; 11. Conclusions; Appendix: Need Rights and Compensation; Index
Summary This study begins with the assumption that individual rights exist and stand as moral obstacles to the pursuit of national, no less than personal, interests. That assumption might seem to demand a pacifist rejection of all war, for any sustained war effort requires military operations that predictably kill many non-combatants, most of whom presumably have a right not to be killed. Yet the book concludes that sometimes recourse to war is justified. Its argument relies on the insights of John Locke to develop and defend a framework of rights to serve as the foundation for a new just war theory
Notes Includes index
Bibliography Includes bibliographical references and index
Notes Online resource; title from PDF title page (Ebsco, viewed July 30, 2015)
Subject Just war doctrine.
War (Philosophy)
War -- Moral and ethical aspects.
Just war doctrine.
War (Philosophy)
War -- Moral and ethical aspects.
Form Electronic book
ISBN 0199388903