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Forfeiture Theory and Symmetrical Attackers
Authors:Stephen Kershnar
Affiliation:1. stephen.kershnar@fredonia.edu
Abstract:This article defends the following thesis: The Problem of Symmetrical Attackers does not falsify forfeiture theory. The theory asserts that except in the case where violence is necessary to avoid a catastrophe, only those who forfeit their rights are liable for defensive violence. The problem arises from the following sort of case, the Symmetrical Attacker Case, in which Al and Bob are doppelgangers. They both mistakenly but justifiably think that the other is about to attack them. They both respond with violence that is necessary and that they think is necessary to prevent the attack. The problem is that one person forfeits his right if and only if the second does not and that it appears to be impossible for both or neither to forfeit. The article argues that the forfeiture theory is not falsified by this problem because the problem is equally damaging to every plausible theory of permissible defensive violence.
Keywords:forfeiture  punishment  self-defense  proportionality  rights
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