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Self Defense Necessity And Punishment
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Book Synopsis Self-Defense, Necessity, and Punishment by : Uwe Steinhoff
Download or read book Self-Defense, Necessity, and Punishment written by Uwe Steinhoff and published by Routledge. This book was released on 2019-10-08 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Justification Defenses and Just Convictions by : Robert F. Schopp
Download or read book Justification Defenses and Just Convictions written by Robert F. Schopp and published by Cambridge University Press. This book was released on 1998-01-13 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Self-Defence in Criminal Law by : Boaz Sangero
Download or read book Self-Defence in Criminal Law written by Boaz Sangero and published by Bloomsbury Publishing. This book was released on 2006-07-24 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Permissible Killing by : Suzanne Uniacke
Download or read book Permissible Killing written by Suzanne Uniacke and published by Cambridge University Press. This book was released on 1994 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Rethinking Self-Defence by : T Markus Funk
Download or read book Rethinking Self-Defence written by T Markus Funk and published by Bloomsbury Publishing. This book was released on 2021-01-14 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Crime and Punishment by : Hyman Gross
Download or read book Crime and Punishment written by Hyman Gross and published by Oxford University Press. This book was released on 2012-01-12 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting an engaging critique of current criminal justice practice in the UK and USA, this book introduces central questions of criminal law theory. It develops a forceful argument that the prevailing justifications for punishment are misguided, and have resulted in the systematic infliction of unnecessary human misery.
Book Synopsis A Crime of Self-Defense by : George P. Fletcher
Download or read book A Crime of Self-Defense written by George P. Fletcher and published by University of Chicago Press. This book was released on 1990-06-15 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis A Treatise on the Law of Self Defense, Trial by Jury in Criminal Cases, and New Trials in Criminal Cases by : Elliott Anthony
Download or read book A Treatise on the Law of Self Defense, Trial by Jury in Criminal Cases, and New Trials in Criminal Cases written by Elliott Anthony and published by . This book was released on 1887 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Killing in Self-Defence by : Fiona Leverick
Download or read book Killing in Self-Defence written by Fiona Leverick and published by OUP Oxford. This book was released on 2006-12-07 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis War and Self-Defense by : David Rodin
Download or read book War and Self-Defense written by David Rodin and published by Clarendon Press. This book was released on 2002-10-17 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: When is it right to go to war? The most persuasive answer to this question has always been 'in self-defense'. In a penetrating new analysis, bringing together moral philosophy, political science, and law, David Rodin shows what's wrong with this answer. He proposes a comprehensive new theory of the right of self-defense which resolves many of the perplexing questions that have dogged both jurists and moral philosophers. By applying the theory of self-defense to international relations, Rodin produces a far-reaching critique of the canonical Just War theory. The simple analogy between self-defense and national defense - between the individual and the state - needs to be fundamentally rethought, and with it many of the basic elements of international law and the ethics of international relations.
Book Synopsis Select American Cases on the Law of Self-defence by : L. B. Horrigan
Download or read book Select American Cases on the Law of Self-defence written by L. B. Horrigan and published by . This book was released on 1874 with total page 1134 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Ethics of Self-defense by : Christian Coons
Download or read book The Ethics of Self-defense written by Christian Coons and published by Oxford University Press. This book was released on 2016 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Ends of Harm written by Victor Tadros and published by Oxford University Press on Demand. This book was released on 2011-09-15 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can the brutal and costly enterprise of criminal punishment be justified? This book makes a provocative, original contribution to the philosophical literature and debate on the morality of punishing, arguing that punishment is justified in the duties that offenders incur as a result of their wrongdoing.
Book Synopsis Thomas Aquinas on War and Peace by : Gregory M. Reichberg
Download or read book Thomas Aquinas on War and Peace written by Gregory M. Reichberg and published by Cambridge University Press. This book was released on 2017 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book-length study of Aquinas's teaching on just war, its antecedents, and its reception by subsequent thinkers.
Book Synopsis Law of Crime and Self-defence by : R. D. Yadav
Download or read book Law of Crime and Self-defence written by R. D. Yadav and published by Mittal Publications. This book was released on 1993 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Criminal Law in a Nutshell by : Arnold H. Loewy
Download or read book Criminal Law in a Nutshell written by Arnold H. Loewy and published by . This book was released on 1987 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Punishment; Homicides, Degrees of Homicide; Felony Murder; Causation; Assault; Battery; Mayhem; Rape; Statutory Rape; Kidnapping; Self-Defense; Retreat Rule; Imperfect Self-Defense; Defense of Others; Resisting Arrest; Protecting Property; Larceny; Embezzlement; False Pretenses: Forgery; Receiving Stolen Goods; Robbery; Extortion; Burglary; Arson; Mens Rea; Strict Liability; Mistake of Fact and Law; Actus Reus; Voluntariness; Omissions; Insanity; Different Tests for Insanity; Insanity vs. Automatism; Infancy; Intoxication; Duress; Necessity; Cruel and Unusual Punishment; Entrapment; Burden of Proof; Presumptions; Attempt; Attempt Mens Rea; Attempt Actus Reus; Abandonment; Solicitation; Vagrancy; Parties to Crime; Parties Actus Reus; Parties Mens Rea; Conspiracy; RICO; Vagueness; Ex-Post-Facto Laws; Common Law Crimes; Victimless Crimes.
Book Synopsis The Problem of Punishment by : David Boonin
Download or read book The Problem of Punishment written by David Boonin and published by Cambridge University Press. This book was released on 2008-04-14 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, David Boonin examines the problem of punishment, and particularly the problem of explaining why it is morally permissible for the state to treat those who break the law in ways that would be wrong to treat those who do not. Boonin argues that there is no satisfactory solution to this problem and that the practice of legal punishment should therefore be abolished. Providing a detailed account of the nature of punishment and the problems that it generates, he offers a comprehensive and critical survey of the various solutions that have been offered to the problem and concludes by considering victim restitution as an alternative to punishment. Written in a clear and accessible style, The Problem of Punishment will be of interest to anyone looking for a critical introduction to the subject as well as to those already familiar with it.
