[PDF] Self Defense Necessity And Punishment eBook

Author : Uwe Steinhoff
Publisher : Routledge
Page : 408 pages
File Size : 41,13 MB
Release : 2019-10-08
Category : Philosophy
ISBN : 1000727475

GET BOOK

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 : Suzanne Uniacke
Publisher : Cambridge University Press
Page : 256 pages
File Size : 21,53 MB
Release : 1994-07-14
Category : Philosophy
ISBN : 9780521454087

GET BOOK

Do individuals have a positive right of self-defense? And if so, what are the limits of this right? Under what conditions, if any, does this use of force extend to the defense of others? These are some of the issues explored by Dr. Uniacke in this comprehensive philosophical discussion of the principles relevant to self-defense as a moral and legal justification for homicide. This is a lucid and sophisticated account of the complex notion of justification, revolving around a critical discussion of recent trends in the law of self-defense.

Author : Christian Coons
Publisher : Oxford University Press
Page : 345 pages
File Size : 38,19 MB
Release : 2016-05-02
Category : Philosophy
ISBN : 0190206101

GET BOOK

The fifteen new essays collected in this volume address questions concerning the ethics of self-defense, most centrally when and to what extent the use of defensive force, especially lethal force, can be justified. Scholarly interest in this topic reflects public concern stemming from controversial cases of the use of force by police, and military force exercised in the name of defending against transnational terrorism. The contributors pay special attention to determining when a threat is liable to defensive harm, though doubts about this emphasis are also raised. The legitimacy of so-called "stand your ground" policies and laws is also addressed. This volume will be of great interest to readers in moral, political, and legal philosophy.

Author : Robert F. Schopp
Publisher : Cambridge University Press
Page : 224 pages
File Size : 15,60 MB
Release : 1998-01-13
Category : Law
ISBN : 0521622115

GET BOOK

This major study advances an interpretation of criminal justification defences that views them as an integral component of the structure of the criminal law. A definition of criminal law is included in this book.

Author : Elsa Dorlin
Publisher : Verso Books
Page : 273 pages
File Size : 13,16 MB
Release : 2022-09-27
Category : Political Science
ISBN : 1839761083

GET BOOK

A brilliant study of violent self-defense in the struggle for liberation by an award-winning philosopher Is violent self-defense ethical? In the history of colonialism, racism, sexism, capitalism, there has long been a dividing line between bodies "worthy of defending" and those who have been disarmed and rendered defenseless. In 1685, for example, France's infamous "Code Noir" forbade slaves from carrying weapons, under penalty of the whip. In nineteenth-century Algeria, the colonial state outlawed the use of arms by Algerians, but granted French settlers the right to bear arms. Today, some lives are seen to be worth so little that Black teenagers can be shot in the back for appearing "threatening" while their killers are understood, by the state, to be justified. That those subject to the most violence have been forcibly made defenseless raises, for any movement of liberation, the question of using violence in the interest of self-defense. Here, philosopher Elsa Dorlin looks across the global history of the left - from slave revolts to the knitting women of the French Revolution and British suffragists' training in ju-jitsu, from the Warsaw Ghetto Uprising to the Black Panther Party, from queer neighborhood patrols to Black Lives Matter, to trace the politics, philosophy, and ethics of self defense. In this history she finds a "martial ethics of the self": a practice in which violent self defense is the only means for the oppressed to ensure survival and to build a liveable future. In this sparkling and provocative book, drawing on theorists from Thomas Hobbes to Fred Hampton, Frantz Fanon to Judith Butler, Michel Foucault to June Jordan, Dorlin has reworked the very idea of modern governance and political subjectivity. Translated from the French by Kieran Aarons.

Author : Boaz Sangero
Publisher : Hart Publishing
Page : 394 pages
File Size : 34,52 MB
Release : 2006-07-20
Category : Law
ISBN : 9781841136073

GET BOOK

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 first part contains an in-depth discussion of why society allows a justification for acts but does not excuse the actor from criminal liability, and the author critically analyzes current theories (culpability of the aggressor; autonomy of the attacked person; protection of the social-legal order; balancing interests; choice of the lesser evil) and points out the weaknesses of each theory before proposing a new theory to explain the justification of self-defence. The new theory is that for the full justification of self-defence, a balance of interests must be struck between the expected physical injury to the attacked person and the expected physical injury to the aggressor, as well as the relevant abstract factors: the autonomy of the attacked person, the culpability of the aggressor, and the social-legal order. The author demonstrates how ignoring one or more of these factors leads to erroneous results and how the proposed rationale can be applied to develop solutions to the complex questions raised.

Author : T Markus Funk
Publisher : Bloomsbury Publishing
Page : 307 pages
File Size : 32,49 MB
Release : 2021-01-14
Category : Law
ISBN : 1509934189

GET BOOK

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 : David Rodin
Publisher : Oxford University Press, USA
Page : 230 pages
File Size : 20,90 MB
Release : 2002-10-17
Category : History
ISBN : 0199257744

GET BOOK

When is it right to go to war? The most persuasive answer to this question has always been 'in self-defence'. David Rodin shows what's wrong with this answer. He proposes a comprehensive new theory of the right of self-defence which resolves many of the perplexing questions that have dogged both jurists and philosophers.

Author : Fiona Leverick
Publisher : Oxford University Press, USA
Page : 246 pages
File Size : 28,93 MB
Release : 2006
Category : Law
ISBN : 019928346X

GET BOOK

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.