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The Ends of HarmThe Moral Foundations of Criminal Law$
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Victor Tadros

Print publication date: 2011

Print ISBN-13: 9780199554423

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199554423.001.0001

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Conflicts and Permissibility

Conflicts and Permissibility

Chapter:
(p.197) 9 Conflicts and Permissibility
Source:
The Ends of Harm
Author(s):

Victor Tadros

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199554423.003.0009

It is sometimes the case that one person permissibly imposes a threat on another where the other is not liable to be killed. For example, the threat may be imposed as a side-effect of an action aimed at securing a greater good. It is sometimes suggested that in this kind of case, the person threatened may harm the person imposing the threat in order to prevent it being realised. This would result in a conflict of permissions – one person would be permitted to harm another and the other would be permitted to resist. This chapter argues that conflicts of permission like this are much more rare than is often supposed. They occur only when there is some independent value in the existence of the conflict. Otherwise conflicts must not be resolved by the use of force.

Keywords:   conflicts, permissibility, self-defence, necessity, war, rights

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