[PDF] Law Of Crime And Self Defence eBook

Author : George P. Fletcher
Publisher : University of Chicago Press
Page : 276 pages
File Size : 48,14 MB
Release : 1990-06-15
Category : Law
ISBN : 9780226253343

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Legal expert George Fletcher uses the celebrated trial of New York's "Subway Vigilante", Bernhard Goetz, as a springboard to probe the profound relationship between this defensive action, the public's understanding of it, and the court's interpretation of it according to the law.

Author : Boaz Sangero
Publisher : Bloomsbury Publishing
Page : 394 pages
File Size : 18,74 MB
Release : 2006-07-24
Category : Law
ISBN : 1847312748

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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 : Yoram Dinstein
Publisher : Cambridge University Press
Page : 409 pages
File Size : 26,62 MB
Release : 2011-10-20
Category : Law
ISBN : 1139503170

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Yoram Dinstein's influential textbook is an indispensable guide to the legal issues of war and peace, armed attack, self-defence and enforcement measures taken under the aegis of the Security Council. This fifth edition incorporates recent treaties such as the Kampala amendments of the Statute of the International Criminal Court, new case law from the International Court of Justice and other tribunals, and contemporary doctrinal debates. Several new supplementary sections are also included, which take into account recent conflicts around the world, and consideration is given to new resolutions of the Security Council. With many segments having been rewritten to reflect recent State practice, this book remains a wide-ranging and highly readable introduction to the legal issues surrounding war and self-defence.

Author : Fiona Leverick
Publisher : Oxford University Press, USA
Page : 246 pages
File Size : 43,69 MB
Release : 2006
Category : Law
ISBN : 019928346X

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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 : Andrew F. Branca
Publisher :
Page : 298 pages
File Size : 39,87 MB
Release : 2013-02-01
Category : Firearms
ISBN : 9780988867703

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You arm yourself so you're hard to kill. Know the law so you're hard to convict. Let's face it, the world isn't always nice. That's why you take steps to protect yourself and your family. Whether it be that shotgun in the corner, the sidearm on your hip, or the pepper spray you gave your daughter, you meet that fundamental responsibility. But if you're like most people, your preparations still lack a critical element. You still need to know how to survive the critical fight that looms after any defensive encounter: the legal battle. The Law of Self Defense provides precisely that critical, missing knowledge. This book includes not just the laws of all fifty states, but how the courts apply those laws. It's a plain-talk analysis that makes the law easy to understand for anyone, not just lawyers. Bestselling author, Andrew F. Branca, is not only a lawyer and internationally recognized legal consultant, but also a life-long member of the gun community--more than 20 years as an NRA Life Member and Instructor, an IDPA Master-class competitor, and a 2nd Amendment absolutist. Learn how to make fast, effective decisions and confidently handle life-and-death situations both tactically and legally. Read This Book And Learn the Powerful Legal Truth That Can Safe Your Life, Wealth And Personal Freedom

Author : Camilla Guldahl Cooper
Publisher : BRILL
Page : 498 pages
File Size : 20,27 MB
Release : 2019-12-02
Category : Law
ISBN : 9004401687

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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 : T Markus Funk
Publisher : Bloomsbury Publishing
Page : 256 pages
File Size : 40,15 MB
Release : 2021-01-14
Category : Law
ISBN : 1509934197

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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 : Suzanne Uniacke
Publisher : Cambridge University Press
Page : 258 pages
File Size : 49,77 MB
Release : 1994
Category : Law
ISBN : 9780521564588

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Do individuals have a positive right of self-defence? And if so, what are the limits of this right? Under what conditions, if any, does this use of force extend to the defence of others? These are some of the issues explored by Dr Uniacke in this comprehensive philosophical discussion of the principles relevant to self-defence as a moral and legal justification of homicide. She establishes a unitary right of self-defence and defence of others, one which grounds the permissibility of the use of necessary and proportionate defensive force against culpable and non-culpable, active and passive, unjust threats. Particular topics discussed include: the nature of moral and legal justification and excuse; natural law justifications of homicide in self-defence; the Principle of Double Effect and the claim that homicide in self-defence is justified as unintended killing; and the question of self-preferential killing. 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-defence.