Lesser Evil and Responsibility: Comments on Jeff McMahan's Analysis of the Morality of War
The main aim of Jeff McMahan's manuscriptThe Morality and Law of Waris to answer the question: why and accordingly when, is it justified or permissible, to kill people in war? However, McMahan argues that the same principles apply to individual actions and to war. His main claim is that “a state of war… does not call forth a different set of principles, but merely complicates the application of moral principles that are of universal application.” In other words, “…in war, people have the same rights, immunities, and liabilities that they have in other contexts.” McMahan rejects “all doctrines of collective responsibility” and “liability” according to which “individuals can share in responsibility… or liabilitysimply by virtue of membershipin a collective.” His claim is that every individual is liable for what he has done and not for the actions of others—even if both are part of the same collective. Accordingly, McMahan challenges the common view that it is much easier to justify killing in war compared to killing in other contexts. Therefore, the scope of his project exceeds the context of war and extends to interpersonal conflicts between individuals that do not qualify as war. Indeed, McMahan has argued in the past for a similar account of self-defense in the individual context.