Rethinking Self Defence
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| Author | : T Markus Funk |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 307 |
| Release | : 2021-01-14 |
| Genre | : Law |
| ISBN | : 1509934189 |
Self-defence – the 'ancient right' – has never been more relevant than in the present era of widespread calls for criminal justice reform. The book substantially advances the patinaed discussion by introducing for the first time a comprehensive value-centric approach to thinking about the defence's deeper rationale. It tackles core issues such as the relative importance of the State's claimed monopoly on force, procedural justice and the need to shore up the justice system's legitimacy and creditworthiness, everyone's presumptive 'right to life,' and the importance of ensuring equal standing between citizens. And, in so doing, the book breaks ground by addressing public perceptions of 'just' and 'right' outcomes, as well as the emphasis legal systems place (and should place) on State power.
| Author | : T Markus Funk |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 256 |
| Release | : 2021-01-14 |
| Genre | : Law |
| ISBN | : 1509934197 |
Self-defence – the 'ancient right' – has never been more relevant than in the present era of widespread calls for criminal justice reform. The book substantially advances the patinaed discussion by introducing for the first time a comprehensive value-centric approach to thinking about the defence's deeper rationale. It tackles core issues such as the relative importance of the State's claimed monopoly on force, procedural justice and the need to shore up the justice system's legitimacy and creditworthiness, everyone's presumptive 'right to life,' and the importance of ensuring equal standing between citizens. And, in so doing, the book breaks ground by addressing public perceptions of 'just' and 'right' outcomes, as well as the emphasis legal systems place (and should place) on State power.
| Author | : Fiona Leverick |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 246 |
| Release | : 2006 |
| Genre | : Law |
| ISBN | : 019928346X |
In what circumstances should we be allowed to kill an intruder who breaks into our home? Should battered women be forgiven for killing their husbands? This book analyses the questions raised by the argument of self-defence, and offers a theoretical framework for understanding the defence in the context of human rights norms.
| Author | : Boaz Sangero |
| Publisher | : |
| Total Pages | : 376 |
| Release | : 2006 |
| Genre | : Self-defense (Law) |
| ISBN | : 9781472559937 |
This book combines a careful philosophical discussion of the rationale justifying self-defence with a detailed discussion of the range of statutory self-defence requirements, as well as discussions of numerous other relevant issues (i.e. putative self-defense, excessive self-defense, earlier guilt and battered women). The book argues that before formulating definitions for each aspect of self-defence (necessity, proportionality, retreat, immediacy, mental element, etc.) it is imperative to determine the proper rationale for self-defence and, only then to derive the appropriate solutions. The f.
| Author | : Katy Mattingly |
| Publisher | : Human Kinetics |
| Total Pages | : 212 |
| Release | : 2007 |
| Genre | : Crime prevention |
| ISBN | : 9780736066891 |
Hone your senses, increase awareness, and learn the techniques that could save your life. Self-Defense: Steps to Survival will teach you to identify danger, avoid assault, and defend yourself and others against attackers in a variety of situations. Based on the proven strategies and techniques taught on campuses and in metropolitan areas worldwide, Self-Defense: Steps to Survival is both practical and immediately applicable for men, women, and teens regardless of previous experience. You'll learn these skills: -Assess your surroundings, notice warning signs, and remove yourself from potential harm. -Use the power of your own voice to thwart an attack. -Recognize warning signs of violence in an intimate relationship. -Resist and escape physical and sexual violence by strangers and acquaintances. -Free yourself from an assailant's grasp. -Develop an arsenal of strikes, kicks, and defense techniques for countering physical attacks. -Defend yourself against weapon attacks and multiple attackers. Don't live in fear! Self-Defense: Steps to Survival will change the way you approach everyday life, giving you the assurance that you'll be prepared for the unexpected. See all the titles available in the Steps to Success Series.
| Author | : Uwe Steinhoff |
| Publisher | : Routledge |
| Total Pages | : 408 |
| Release | : 2019-10-08 |
| Genre | : Philosophy |
| ISBN | : 1000727475 |
This book offers a philosophical analysis of the moral and legal justifications for the use of force. While the book focuses on the ethics self-defense, it also explores its relation to lesser evil justifications, public authority, the justification of punishment, and the ethics of war. Steinhoff’s account of the moral use of force covers a wide range of topics, including the nature of justification in general, the precise elements of different justifications, the logic of claim- and liberty-rights and of rights forfeiture, the value of human life and its limits, and the principles of reciprocity and precaution. While the author’s analysis is primarily philosophical, it is informed by a metaethical stance that also places heavy emphasis on existing law and legal scholarship. In doing so, the book appeals to widely shared moral intuitions, precepts, and concepts grounded in criminal law. Self-Defense, Necessity, and Punishment offers the most comprehensive and systematic account of the ethics of self-defense. It will be of interest to scholars and graduate students working in applied ethics and moral philosophy, philosophy of law, and political philosophy.
| Author | : Camilla Guldahl Cooper |
| Publisher | : BRILL |
| Total Pages | : 498 |
| Release | : 2019-12-02 |
| Genre | : Law |
| ISBN | : 9004401687 |
In NATO Rules of Engagement, Camilla Guldahl Cooper provides a thorough analysis of NATO rules of engagement, and offers clarity on a concept which despite its considerable political, strategic and operational importance, is often misunderstood.
| Author | : George P. Fletcher |
| Publisher | : Oxford University Press on Demand |
| Total Pages | : 285 |
| Release | : 2008-03-18 |
| Genre | : Law |
| ISBN | : 0195183088 |
Recoge: Murder among nations -- How to talk about self-defense -- A theory of legitimate defense -- The six elements of legitimate defense -- Excusing international aggression -- Humanitarian intervention -- Preemptive and preventitive wars -- The collective dimension of war.
| Author | : Fiona Leverick |
| Publisher | : OUP Oxford |
| Total Pages | : 217 |
| Release | : 2006 |
| Genre | : Law |
| ISBN | : 019928346X |
This book is a comprehensive analysis of the criminal defence of self-defence from a philosophical, legal and human rights perspective. The primary focus is on self-defence as a defence to homicide, as this is the most difficult type of self-defensive force to justify. Although not always recognised as such, self-defence is a contentious defence, permitting as it does the victim of an attack to preserve her life at the expense of another. If one holds that all human life is of equal value, explaining why this is permissible poses something of a challenge. It is particularly difficult to explain where the aggressor is, for reasons of non-age or insanity for example, not responsible for her actions. The first part of the book is devoted to identifying the proper theoretical basis of a claim of self-defence. It examines the classification of defences, and the concepts of justification and excuse in particular, and locates self-defence within this classification. It considers the relationship between self-defence and the closely related defences of duress and necessity. It then proceeds critically to analyse various philosophical explanations of why self-defensive killing is justified, before concluding that the most convincing account is one that draws on the right to life with an accompanying theory of forfeiture. The book then proceeds to draw upon this analysis to examine various aspects of the law of self-defence. There is detailed analysis of the way in which, on a human rights approach, it is appropriate to treat the issues of retreat, imminence of harm, self-generated self-defence, mistake and proportionality, with a particular focus on whether lethal force is ever permissible in protecting property or in preventing rape. The analysis draws on material from all of the major common law jurisdictions. The book concludes with an examination of the implications that the European Convention on Human Rights might have for the law of self-defence, especially in the areas of mistaken belief and the degree of force permissible to protect property.
| Author | : Martin Nimbom |
| Publisher | : GRIN Verlag |
| Total Pages | : 25 |
| Release | : 2023-11-13 |
| Genre | : Law |
| ISBN | : 3346968103 |
Essay from the year 2023 in the subject Politics - Topic: Public International Law and Human Rights, , language: English, abstract: The law of recourse to force has changed dramatically over the last centuries. The concept of self-defense plays a fundamental role in international relations, shaping the interactions between states and defining the boundaries of acceptable behavior in the global arena. This research endeavors to delve into the complexities surrounding the application and interpretation of the principle of self-defense. By examining historical case studies, international legal frameworks, and contemporary geopolitical events, this study aims to shed light on the multifaceted dimensions of self-defense and the delicate balance between state sovereignty and collective security. The research begins by analyzing the evolution of ‘force’ and self-defense norms and doctrines, tracing their origins from customary international law to the modern legal framework established by the United Nations. It equally investigates the category of force for which self-defense becomes permissible. Furthermore, this research examines critically the debate on the boundaries of self-defense, and questions whether existing legal frameworks adequately address this contemporary challenge. By exploring these intricate dynamics, this research aims to contribute to the ongoing discourse on self-defense, especially in the light of Russia’s special military operation in Ukraine, and to provide insights into the evolving nature of international law and norms. It seeks to stimulate further dialogue among policymakers, legal experts, and scholars, with the ultimate goal of fostering a more nuanced understanding of self-defense and its implications for global peace and stability.
