War and individual rights: the foundations of just war theory

Abstract

Acknowledgments Chapter 1: Introduction 1.1: Overview 1.2: Individualism vs. collectivism 1.3: Methodology 1.4: The existence of moral rights 1.5: Terminology Chapter 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 Chapter 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 doctrine 3.6: A rights-based alternative 3.7: Three objections 3.8: Rights and intentions Chapter 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: Forfeiture 4.6: Montague and McMahan Chapter 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? Chapter 6: Liberating Just War Theory from Double Effect 6.1: The structure of my argument 6.2: PDE, MP and rights 6.3: Quinn's defense of double effect 6.4: Recent attempts to improve upon Quinn 6.5: The restricted claims principle 6.6: Alleged support for a strongly discriminating principle 6.7: The irrelevance of weakly discriminating principles Chapter 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 Chapter 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 bellum Chapter 9: 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 Chapter 10: Citizenship and Liability 10.1: Agency and liability 10.2: Nonintervention and liability Chapter 11: Conclusions Appendix: Need Rights and Compensation Index