Defensive Liability and the Moral Status Account

Abstract

Jonathan Quong argues for the “moral status” account of defensive liability. According to the moral status account, what makes it the case that assailants lack rights against the imposition of defensive violence on them is that they are treating defenders as if those defenders lack rights against the imposition of aggressive violence on them. This “as if” condition can be met in some situations in which one person, A, commands very good but factually inaccurate evidence that another person, B, poses a lethal danger to her. In this “Mistaken Attacker” case, A will be entirely blameless. Nonetheless, A is defensively liable, because A assumes that B is defensively liable despite the fact that B is not defensively liable. In other cases, A may threaten B, who is innocent and hence defensively non-liable, without treating B as if B lacks rights. For example, in the “Conscientious Driver” case, A may have lost control of her car, having taken all due precautions, and be posing a lethal threat to an innocent pedestrian, B, but A is not treating B as if B lacks rights because B’s interests have already been taken fully into account in arriving at the verdict that careful driving is morally permissible. In this paper, I explore and criticize Quong’s account. I argue that the distinctions Quong draws between Conscientious Driver and Mistaken Attacker cannot be sustained in ways that uphold the moral status account, and I suggest that the moral status account’s focus on the “as if” condition is morally undermotivated. The drift of my argument is that we should take much more minimal accounts of defensive liability more seriously than we typically do.