TY - CHAP
T1 - Dignity, Emergency, Exception
AU - Harel, Alon
AU - Sharon, Assaf
N1 - Publisher Copyright:
© 2018, Springer International Publishing AG, part of Springer Nature.
PY - 2018
Y1 - 2018
N2 - This article analyzes the category of extreme cases—cases involving catastrophic consequences the avoiding of which requires severe measures (e.g., torture, shooting a plane in 9/11 situations). Our proposal maintains that what is most pernicious is not the violation of moral rules as such but their principled or rule-governed violation. Maintaining a normative distinction between acts performed under the direction of principles/rules, on the one hand, and unprincipled, context-generated acts, acts performed under the force of circumstances, on the other, allows for accommodating the necessity of infringements in extreme cases within a (non-conventional) deontological framework. Agents who perform acts in extreme cases ought not to be guided by rules or principles. Instead, they ought to make particular judgments not governed by rules.
AB - This article analyzes the category of extreme cases—cases involving catastrophic consequences the avoiding of which requires severe measures (e.g., torture, shooting a plane in 9/11 situations). Our proposal maintains that what is most pernicious is not the violation of moral rules as such but their principled or rule-governed violation. Maintaining a normative distinction between acts performed under the direction of principles/rules, on the one hand, and unprincipled, context-generated acts, acts performed under the force of circumstances, on the other, allows for accommodating the necessity of infringements in extreme cases within a (non-conventional) deontological framework. Agents who perform acts in extreme cases ought not to be guided by rules or principles. Instead, they ought to make particular judgments not governed by rules.
UR - http://www.scopus.com/inward/record.url?scp=85125883692&partnerID=8YFLogxK
U2 - 10.1007/978-3-319-74473-5_6
DO - 10.1007/978-3-319-74473-5_6
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AN - SCOPUS:85125883692
T3 - Ius Gentium
SP - 101
EP - 118
BT - Ius Gentium
PB - Springer Science and Business Media B.V.
ER -