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Author: Fiona Leverick
Publisher: Oxford Monographs on Criminal
ISBN: 019928346X
Category : Law
Languages : en
Pages : 246
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Book Description
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: Fiona Leverick
Publisher: Oxford Monographs on Criminal
ISBN: 019928346X
Category : Law
Languages : en
Pages : 246
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Book Description
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: Suzanne Uniacke
Publisher: Cambridge University Press
ISBN: 9780521564588
Category : Law
Languages : en
Pages : 258
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Book Description
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.
Author: Whitley R. P. Kaufman
Publisher: Rowman & Littlefield
ISBN: 9780739128992
Category : Philosophy
Languages : en
Pages : 176
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Book Description
The right of self-defense is seemingly at odds with the general presupposition that killing is wrong; numerous theories have been put forth over the years that attempt to explain how self-defense is consistent with such a presupposition. In Justified Killing: The Paradox of Self-Defense, Whitley Kaufman argues that none of the leading theories adequately explains why it is permissible even to kill an innocent attacker in self-defense, given the basic moral prohibition against killing the innocent. Kaufman suggests that such an explanation can be found in the traditional Doctrine of Double Effect, according to which self-defense is justified because the intention of the defender is to protect himself rather than harm the attacker. Given this morally legitimate intention, self-defense is permissible against both culpable and innocent aggressors, so long as the force used is both necessary and proportionate. Justified Killing will intrigue in particular those scholars interested in moral and legal philosophy.
Author: Steven Luper
Publisher: Cambridge University Press
ISBN: 1107022878
Category : Medical
Languages : en
Pages : 369
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Book Description
This volume discusses the philosophical issues connected with the nature and significance of life and death, and the ethics of killing. It will be of interest to all those taking courses on the philosophy of life and death, applied ethics covering abortion, euthanasia, and suicide, and ethics and metaphysics.
Author: David Rodin
Publisher: Clarendon Press
ISBN: 0191531545
Category : Philosophy
Languages : en
Pages : 232
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Book Description
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.
Author: Caroline Light
Publisher: Beacon Press
ISBN: 0807064661
Category : History
Languages : en
Pages : 242
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Book Description
A history of America’s Stand Your Ground gun laws, from Reconstruction to Trayvon Martin After a young, white gunman killed twenty-six people at Sandy Hook Elementary School in Newtown, Connecticut, in December 2012, conservative legislators lamented that the tragedy could have been avoided if the schoolteachers had been armed and the classrooms equipped with guns. Similar claims were repeated in the aftermath of other recent shootings—after nine were killed in a church in Charleston, South Carolina, and in the aftermath of the massacre in the Pulse nightclub in Orlando, Florida. Despite inevitable questions about gun control, there is a sharp increase in firearm sales in the wake of every mass shooting. Yet, this kind of DIY-security activism predates the contemporary gun rights movement—and even the stand-your-ground self-defense laws adopted in thirty-three states, or the thirteen million civilians currently licensed to carry concealed firearms. As scholar Caroline Light proves, support for “good guys with guns” relies on the entrenched belief that certain “bad guys with guns” threaten us all. Stand Your Ground explores the development of the American right to self-defense and reveals how the original “duty to retreat” from threat was transformed into a selective right to kill. In her rigorous genealogy, Light traces white America’s attachment to racialized, lethal self-defense by unearthing its complex legal and social histories—from the original “castle laws” of the 1600s, which gave white men the right to protect their homes, to the brutal lynching of “criminal” Black bodies during the Jim Crow era and the radicalization of the NRA as it transitioned from a sporting organization to one of our country’s most powerful lobbying forces. In this convincing treatise on the United States’ unprecedented ascension as the world’s foremost stand-your-ground nation, Light exposes a history hidden in plain sight, showing how violent self-defense has been legalized for the most privileged and used as a weapon against the most vulnerable.
Author: Camilla Guldahl Cooper
Publisher: BRILL
ISBN: 9004401687
Category : Law
Languages : en
Pages : 498
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Book Description
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: Helen Frowe
Publisher: Oxford University Press, USA
ISBN: 0199609853
Category : Philosophy
Languages : en
Pages : 241
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Book Description
Helen Frowe offers a new account of when and why it is morally permissible for a person to use force to defend herself or others against harm. She explores the use of force between individuals before extending the enquiry to war, to argue that we should judge the ethics of killing in war by the moral rules that govern killing between individuals.
Author: Elizabeth A. Sheehy
Publisher: UBC Press
ISBN: 0774826533
Category : Family & Relationships
Languages : en
Pages : 493
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Book Description
In the landmark Lavallee decision of 1990, the Supreme Court of Canada ruled that evidence of "battered woman syndrome" was admissible in establishing self-defence for women accused of killing their abusive partners. This book looks at the trials of eleven battered women, ten of whom killed their partners, in the fifteen years since Lavallee. Drawing extensively on trial transcripts and a rich expanse of interdisciplinary sources, the author looks at the evidence produced at trial and at how self-defence was argued. By illuminating these cases, this book uncovers the practical and legal dilemmas faced by battered women on trial for murder.
Author: Thomas B. Hunter
Publisher: Thomas Hunter
ISBN: 143925205X
Category : Assassination
Languages : en
Pages : 55
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Book Description
This is an objective, strategic assessment of the role, usefulness, and logistical concerns posed by state-sponsored targeted killing and its overall efficiency in the current war on global terrorism.
