Ideas from 'Killing in War' by Jeff McMahan [2009], by Theme Structure

[found in 'Killing in War' by McMahan,Jeff [OUP 2009,978-0-19-960357]].

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20. Action / C. Motives for Action / 4. Responsibility for Actions
Legal excuses are duress, ignorance, and diminished responsibility
25. Social Practice / C. Rights / 1. Basis of Rights
Liberty Rights are permissions, and Claim Rights are freedom from intervention
25. Social Practice / E. Policies / 1. War / a. Just wars
Wars can be unjust, despite a just cause, if they are unnecessary or excessive or of mixed cause
A person or state may be attacked if they are responsible for an unjustified threat
The worst unjustified wars have no aim at all
Just war theory says all and only persons posing a threat are liable to attack
You (e.g. a police officer) are not liable to attack just because you pose a threat
A defensive war is unjust, if it is responding to a just war
25. Social Practice / E. Policies / 1. War / b. Justice in war
Proportionality in fighting can't be judged independently of the justice of each side
Can an army start an unjust war, and then fight justly to defend their own civilians?
Soldiers cannot freely fight in unjust wars, just because they behave well when fighting
The law of war differs from criminal law; attacking just combatants is immoral, but legal
If the unjust combatants are morally excused they are innocent, so how can they be killed?
25. Social Practice / E. Policies / 1. War / c. Combatants
If all combatants are seen as morally equal, that facilitates starting unjust wars
You don't become a legitimate target, just because you violently resist an unjust attack
Volunteer soldiers accept the risk of attack, but they don't agree to it, or to their deaths
Soldiers cannot know enough facts to evaluate the justice of their war
If being part of a big collective relieves soldiers of moral responsibility, why not the leaders too?
If soldiers can't refuse to fight in unjust wars, can they choose to fight in just wars?
Equality is both sides have permission, or both sides are justified, or one justified the other permitted
Fighting unjustly under duress does not justify it, or permit it, but it may excuse it
25. Social Practice / E. Policies / 1. War / d. Non-combatants
Innocence implies not being morally responsible, rather than merely being guiltless
25. Social Practice / E. Policies / 1. War / e. Peace
Unconditional surrender can't be demanded, since evil losers still have legitimate conditions