Wednesday, July 12, 2017
Yitzhak Benbaji (Tel Aviv University - Buchmann Faculty of Law ) has posted Preemptive Rules and the Scope of Defensive Rights (Forthcoming in BJ Strawser, Ryne Jenkins and Mike Robillard (eds.) Who Should Die?: Liability and Killing in War (Oxford University Press)) on SSRN. Here is the abstract:
This essay advances a morality of defensive harm, which I call “Rule-SD.” Rule-SD resolves in a new way two types of difficult cases. It entails that if certain conditions are met, a defender has the right to kill a man who is innocently falling on her, if this is necessary for her survival. Moreover, Rule-SD yields the "free competition resolution" in some symmetrical cases; it implies that, two people who innocently threaten each other, whose position vis-à-vis each other is identical in every factual and (therefore) normative respect, might have a right to kill each other if necessary for their survival.