Contractarianism and the Moral Equality of Civilians

Abstract

The chapter proposes a contractarian account of the strict prohibition against targeting civilians and of the limited permission to collaterally harm them. It shows that under an arrangement by which states hold armies whose role is self-defence and deterrence from aggression, a contract granting immunity to civilians from direct attack is mutually beneficial to all decent parties. It would immunize even civilians who are culpable for the threat against which the just side is fighting. The permission to inflict collateral damage on civilians is also explained on contractarian grounds. The chapter concludes by discussing the rules of warfare in asymmetrical conflicts.