A Problem of Paradigms: Grounding Asymmetric Institutional Permissions for the Use of Lethal Force
Date
2016
Authors
Gastineau, Adam Charles
Journal Title
Journal ISSN
Volume Title
Publisher
Abstract
In this thesis I seek to demonstrate that the legal and
customary norms defining the permissible use of lethal force by
police are more restrictive than those defining the permissible
use of lethal force by military personnel. I argue that in many
cases this asymmetry can rest on a foundation provided by the
moral norms of individual self- defense, but that the strength of
this foundation is contingent on the context in which lethal
force is used. Provided that three contextual asymmetries between
police and military operations hold, we can morally justify the
asymmetric legal and customary permissions granted to these two
institutions on the basis of threat, liability, necessity, and
proportionality. However, there are limits to the moral grounds
these norms can provide. In cases where the three contextual
asymmetries begin to break down, the moral foundation offered by
the moral norms of individual self-defense weakens. In cases of
contextual equivalence, we are forced to adopt one of two
conclusions. Either we accept that our legal and customary norms
are without moral foundation in such cases, or we must find
alternative moral reasons to morally justify the asymmetry. In
the final section I briefly draw out the strengths and weaknesses
of both positions and offer some discussion of what other moral
reasons we might use to shore-up the moral foundation for the
asymmetry in the legal and customary norms regulating the
permissible use by military and police institutions.
Description
Keywords
Lethal Force, Self-Defense, Military Ethics, Police Ethics, Law of Armed Conflict, International Human Rights Law, Grey Zone Conflict, Irregular Conflict, War on Terror, Militarization of Police, Humanitarian Intervention
Citation
Collections
Source
Type
Thesis (MPhil)
Book Title
Entity type
Access Statement
License Rights
Restricted until
Downloads
File
Description