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Single Idea 23606
[filed under theme 25. Social Practice / C. Rights / 1. Basis of Rights
]
Full Idea
There are two types of right. A Liberty right is merely a permission, meaning it is not wrong to do it. But a Claim right is a right against intervention, meaning no one has a liberty right to prevent it.
Gist of Idea
Liberty Rights are permissions, and Claim Rights are freedom from intervention
Source
Jeff McMahan (Killing in War [2009], 2.3)
Book Ref
McMahan,Jeff: 'Killing in War' [OUP 2009], p.62
A Reaction
There must also be a third type of right, which requires other people to perform actions on your behalf. If you pay for a book in a shop, you must then be given the book.
The
23 ideas
from 'Killing in War'
23594
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Wars can be unjust, despite a just cause, if they are unnecessary or excessive or of mixed cause
[McMahan]
|
23595
|
The worst unjustified wars have no aim at all
[McMahan]
|
23596
|
If all combatants are seen as morally equal, that facilitates starting unjust wars
[McMahan]
|
23598
|
You (e.g. a police officer) are not liable to attack just because you pose a threat
[McMahan]
|
23597
|
Just war theory says all and only persons posing a threat are liable to attack
[McMahan]
|
23600
|
Proportionality in fighting can't be judged independently of the justice of each side
[McMahan]
|
23599
|
You don't become a legitimate target, just because you violently resist an unjust attack
[McMahan]
|
23602
|
Innocence implies not being morally responsible, rather than merely being guiltless
[McMahan]
|
23603
|
Can an army start an unjust war, and then fight justly to defend their own civilians?
[McMahan]
|
23604
|
Volunteer soldiers accept the risk of attack, but they don't agree to it, or to their deaths
[McMahan]
|
23605
|
Soldiers cannot know enough facts to evaluate the justice of their war
[McMahan]
|
23606
|
Liberty Rights are permissions, and Claim Rights are freedom from intervention
[McMahan]
|
23608
|
If being part of a big collective relieves soldiers of moral responsibility, why not the leaders too?
[McMahan]
|
23610
|
If soldiers can't refuse to fight in unjust wars, can they choose to fight in just wars?
[McMahan]
|
23611
|
Soldiers cannot freely fight in unjust wars, just because they behave well when fighting
[McMahan]
|
23612
|
The law of war differs from criminal law; attacking just combatants is immoral, but legal
[McMahan]
|
23613
|
Equality is both sides have permission, or both sides are justified, or one justified the other permitted
[McMahan]
|
23615
|
Fighting unjustly under duress does not justify it, or permit it, but it may excuse it
[McMahan]
|
23616
|
Legal excuses are duress, ignorance, and diminished responsibility
[McMahan]
|
23617
|
If the unjust combatants are morally excused they are innocent, so how can they be killed?
[McMahan]
|
23618
|
Unconditional surrender can't be demanded, since evil losers still have legitimate conditions
[McMahan]
|
23619
|
A defensive war is unjust, if it is responding to a just war
[McMahan]
|
23620
|
A person or state may be attacked if they are responsible for an unjustified threat
[McMahan]
|