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Rethinking Self-Defence: The 'Ancient Right's' Rationale Disentangled

Rethinking Self-Defence: The 'Ancient Right's' Rationale Disentangled

Author: T. Markus Funk
Publisher: Hart Publishing
ISBN: 9781509934171

Published In: January 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509945634

List Price: HKD 1,300.00

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Description
Contents

Details

This book advances the self-defence discussion by introducing a value-centric dialogue and providing an account of the underlying values providing the rationale for self-defence.

The book offers valuable insights not only into the public's perception of what a 'right' or 'just' outcome is, but also, and for the purposes of the instant enquiry more importantly, into the emphasis legal systems place (and should place) on the relative importance of the defender and the attacker's respective rights to autonomy and non-interference.

These differences in emphasis, in turn, yield very different real-world outcomes. By understanding the value-based decision-grounds, the author argues that we can avoid the hidden normativity and false dichotomies characterising the self-defence debate and, instead, focus on a more fulsome and explicit discussion over the core values a society can - and should - accept as potential self-defence decision-grounds.

1. Introduction

2. Developing the 'value-based model' of self-defence

3. Suggestions for how to approach conceptualizing and ordering the competing values as potential decision-grounds

4. The value-based model of self-defence and the 'forfeiture' of rights

5. Surveying and evaluating key competing theoretical conceptions of self-defence

6. Forced choice conception of self-defence

7. Value-based deeper dive #1: is self-defence a justification or excuse

8. Value-based deeper dive #2: when is defensive force 'necessary'?

9. Value-based deeper dive #3: proportionality of defensive force

10. Application of the value-based model to other 'hard cases'

11. Examining the subject jurisdictions' treatment of self-defence from a value-centric perspective

12. Parting reflections