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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.
This comparative study looks at the laws concerning the murder of slaves by their masters and at how these laws were implemented. Andrew T. Fede cites a wide range of cases--across time, place, and circumstance--to illuminate legal, judicial, and other complexities surrounding this regrettably common occurrence. These laws had evolved to limit in different ways the masters' rights to severely punish and even kill their slaves while protecting valuable enslaved people, understood as "property," from wanton destruction by hirers, overseers, and poor whites who did not own slaves. To explore the conflicts of masters' rights with state and colonial laws, Fede shows how slave homicide law evolved and was enforced not only in the United States but also in ancient Roman, Visigoth, Spanish, Portuguese, French, and British jurisdictions. His comparative approach reveals how legal reforms regarding slave homicide in antebellum times, like past reforms dictated by emperors and kings, were the products of changing perceptions of the interests of the public; of the individual slave owners; and of the slave owners' families, heirs, and creditors. Although some slave murders came to be regarded as capital offenses, the laws con-sistently reinforced the second-class status of slaves. This influence, Fede concludes, flowed over into the application of law to free African Americans and would even make itself felt in the legal attitudes that underlay the Jim Crow era.
Author : Andrew T. Fede Publisher : University of Georgia Press Page : 362 pages File Size : 42,9 Mb Release : 2017-07-15 Category : Law ISBN : 9780820351117
This comparative study looks at the laws concerning the murder of slaves by their masters and at how these laws were implemented. Andrew T. Fede cites a wide range of cases—across time, place, and circumstance—to illuminate legal, judicial, and other complexities surrounding this regrettably common occurrence. These laws had evolved to limit in different ways the masters’ rights to severely punish and even kill their slaves while protecting valuable enslaved people, understood as “property,” from wanton destruction by hirers, overseers, and poor whites who did not own slaves. To explore the conflicts of masters’ rights with state and colonial laws, Fede shows how slave homicide law evolved and was enforced not only in the United States but also in ancient Roman, Visigoth, Spanish, Portuguese, French, and British jurisdictions. His comparative approach reveals how legal reforms regarding slave homicide in antebellum times, like past reforms dictated by emperors and kings, were the products of changing perceptions of the interests of the public; of the individual slave owners; and of the slave owners’ families, heirs, and creditors. Although some slave murders came to be regarded as capital offenses, the laws consistently reinforced the second-class status of slaves. This influence, Fede concludes, flowed over into the application of law to free African Americans and would even make itself felt in the legal attitudes that underlay the Jim Crow era.
Enter the psyche of a serial killer, a desperate man trapped in a treacherous maze of murder, lies, love, and suspense. The violent love story Justified Murder defines destiny – accepting that which is written – versus fighting for control of one’s life. It is the classic battle between good and evil, only the thin line separating them is not so distinct. This thriller introduces David Hawthorne, a killer who must choose between true love and embracing the dark desires buried in his soul. Raised by a zealot Catholic preacher, David is betrayed by a treacherous woman. After his release from a mental hospital for her killing, a chance encounter leads to murder. Once the flood gates are open, David is compelled to kill again. David uses his dynamic personality as a TV reporter to manipulate viewers into feeling compassion for the killer, and his popularity soars. Unaware of his crimes, District Attorney Melanie Hunter begins a romantic relationship with David. Investigating the murder case is a well-respected detective, Harold Thompson. As the cat and mouse game between them begins, the detective learns that he and David have much in common. Meanwhile, David struggles to keep his three lives separate: his peaceful life with Melanie, his dark life as a serial killer, and his glamorous life as a TV reporter. Will David tame the monster within and live happily ever after with Melanie? Or will Harold bring the killer to justice?
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.
This book, Justifiable Homicide, exams twenty actual criminal cases where a woman has been charged with the crime of murder as the result of a homicide where the victim is a man. What does the criminal justice system do with a woman who is on trial for murder? An interesting question. The answer may surprise any person who reads this book.
Targeted killing of terrorists has become an established practice in the fight against terrorism. The disturbing consequences of the practice and its increasing political and societal acceptance raise questions as to its justifiability and its place in counter-terrorism. Anna Goppel explores whether targeted killing of terrorists can be justified, both from a moral and an international legal perspective. She discusses moral and international legal limits to state use of lethal force and argues that the moral principles and the international legal regulations allow for the practice only in very specific, very rare, and rather hypothetical cases. The analysis is based on a thorough discussion of the human right to life, the laws and ethics of war, and the relevant moral and legal arguments. This makes it of particular interest to philosophers and legal theorists interested in terrorism, counter-terrorism, human rights, and the legitimacy of defensive state measures.
Can War Be Justified? by Andrew Fiala,Jennifer Kling Pdf
Can war be justified? Pacifists answer that it cannot; they oppose war and advocate for nonviolent alternatives to war. But defenders of just war theory argue that in some circumstances, when the effectiveness of nonviolence is limited, wars can be justified. In this book, two philosophers debate this question, drawing on contemporary scholarship and new developments in thinking about pacifism and just war theory. Andrew Fiala defends the pacifist position, while Jennifer Kling defends just war traditions. Fiala argues that pacifism follows from the awful reality of war and the nonviolent goal of building a more just and peaceful world. Kling argues that war is sometimes justified when it is a last-ditch, necessary effort to defend people and their communities from utter destruction and death. Pulling from global traditions and histories, their debate will captivate anyone who has wondered or worried about the morality of political violence and military force. Topics discussed include ethical questions of self-defense and other-defense, the great analogy between individuals and states, evolving technologies and methods of warfighting, moral injury and post-traumatic stress disorder, broader political and communal issues, and the problem of regional security in a globalizing world. The authors consider cultural and religious issues as well as the fundamental question of moral obligation in a world saturated in military conflict. The book was written in the aftermath of the war on terrorism and includes reflection on lessons learned from the past decades of war, as well as hopes for the future in light of emerging threats in Europe and elsewhere. The book is organized in a user-friendly fashion. Each author presents a self-contained argument, which is followed by a series of responses, replies, and counter-arguments. Throughout, the authors model civil discourse by emphasizing points of agreement and remaining areas of disagreement. The book includes reader-friendly summaries, a glossary of key concepts, and suggestions for further study. All of this will help students and scholars follow the authors’ dialogue so they may develop their own answer to the question of whether war can be justified. Key Features Summarizes the debate between pacifism and just war theory Considers historical and traditional sources as well as contemporary scholarship and applications Models philosophical dialogue and civil discourse, while seeking common ground Discusses issues of concern in contemporary warfighting and peacemaking, while offering an analysis of the war on terrorism
"Be All That You Can Be!" but at what cost?Behind the guarded gates of the U.S. military is an institution riddled with abuse of power. Justified? is a first-person look into military life. It traces a path of shame from civilian to recruit, to the transformation into a soldier; where training deteriorates into injustice; where the recruit has no support and sadly, no voice. This unfamiliar and gut wrenching story is not unique, but rather is the grave reality of how civilians newly entering the military are broken and how soldiers are made. A soldier must defend this country and its interests. A soldier must obey orders without question. A soldier must be able to resist the enemy and survive under the most difficult of conditions. Furthermore, a soldier must never leave a post unguarded or unprotected, and ultimately a soldier must be able to kill, and kill on command. In the military, a fine line is walked daily between intensity of training and torture of recruits; torture as defined by this government as "any act that inflicts severe pain or suffering, physical or mental". But, what does it take to mold the perfect soldier who is obedient, strong, and a killing machine? In order to attain the soldier's primary goals of marksmanship, resiliency and fitness, are beatings, sleep and sensory deprivations, sexual assaults, and humiliating directives all necessary or justifiable? Justified? leads you through real events and real emotions from a female recruit's perspective. It takes the reader back to the underlying reasons of why the author originally became infatuated with a military career; back to her then seemingly unwavering passion. Both author and reader begin negotiating through the physical and even more emotionally painful process of indoctrination. At the end, the question is asked
Targeted Killings by Claire Finkelstein,Jens David Ohlin,Andrew Altman Pdf
The war on terror is remaking conventional warfare. The protracted battle against a non-state organization, the demise of the confinement of hostilities to an identifiable battlefield, the extensive involvement of civilian combatants, and the development of new and more precise military technologies have all conspired to require a rethinking of the law and morality of war. Just war theory, as traditionally articulated, seems ill-suited to justify many of the practices of the war on terror. The raid against Osama Bin Laden's Pakistani compound was the highest profile example of this strategy, but the issues raised by this technique cast a far broader net: every week the U.S. military and CIA launch remotely piloted drones to track suspected terrorists in hopes of launching a missile strike against them. In addition to the public condemnation that these attacks have generated in some countries, the legal and moral basis for the use of this technique is problematic. Is the U.S. government correct that nations attacked by terrorists have the right to respond in self-defense by targeting specific terrorists for summary killing? Is there a limit to who can legitimately be placed on the list? There is also widespread disagreement about whether suspected terrorists should be considered combatants subject to the risk of lawful killing under the laws of war or civilians protected by international humanitarian law. Complicating the moral and legal calculus is the fact that innocent bystanders are often killed or injured in these attacks. This book addresses these issues. Featuring chapters by an unrivalled set of experts, it discusses all aspects of targeted killing, making it unmissable reading for anyone interested in the implications of this practice.
Violence and policing are inevitably associated. Criminals use violence not only against innocent members of the public, but also against the police themselves. For our own protection and theirs, we have given police a licence to use force, sometimes with lethal consequences. But the exercise of this licence is fraught with risk to the community. The disturbing record of police shootings in Victoria, and irresponsible police violence elsewhere in recent years, vividly illustrate this risk. The public outcry against such events is understandable. To find a solution, we need to analyse the contexts and the cultural background of the use of police violence, and to think hard about its causes and proper limits. In Violence and Police Culture, eminent contributors offer valuable insights and experience to the growing debate. While Australian in origin and emphasis, the book addresses a public issue that resonates as far afield as London, New York, Tokyo and Belfast. Violence and Police Culture argues that there are features of police culture which foster abuse of the right to use violence. The book makes positive suggestions about institutional changes that might alleviate the problems bedevilling what the philosopher Thomas Hobbes called 'the right of the sword'.
Your Passport to Understanding the Bible by Saverio Verduci Pdf
In his unique work Your Passport to Understanding the Bible, Saverio Verduci offers insights into the mysteries of this sacred book, one whose deeply coded texts have confused and perplexed academics and clerics alike. Certain events in the authors life caused him to study the Bible in depth. Over the course of many years, and after hundreds of conversations about the Bible, abstruse biblical scriptures revealed themselves to him, and he realized how properly interpreting scripture made a profound impact on his spiritual life and beliefs. Your Passport to Understanding the Bible is designed to help readers understand some of the Bibles key mysteries, making the Bible easier to grasp and hopefully leading the reader to a more profound religious experience. Deeper understanding of Gods word offers meaningful spiritual benefits and the strengthening of ones faith. Saverio Verduci believes that the Bible must be read as a book that interprets itself. One must understand the Bibles code, allegory, and symbolism. He has written this book to pass on what he has learned, in the hope that his personal experiences and studies of biblical scriptures will benefit others, bringing them joy and blessings through proper Biblical understanding.
The Ethics of War and the Force of Law by Uwe Steinhoff Pdf
This book provides a thorough critical overview of the current debate on the ethics of war, as well as a modern just war theory that can give practical action-guidance by recognizing and explaining the moral force of widely accepted law. Traditionalist, Walzerian, and "revisionist" approaches have dominated contemporary debates about the classical jus ad bellum and jus in bello requirements in just war theory. In this book, Uwe Steinhoff corrects widely spread misinterpretations of these competing views and spells out the implications for the ethics of war. His approach is unique in that it complements the usual analysis in terms of self-defense with an emphasis on the importance of other justifications that are often lumped together under the heading of "lesser evil." It also draws on criminal law and legal scholarship, which has been largely ignored by just war theorists. Ultimately, Steinhoff rejects arguments in favor of "moral fundamentalism"— the view that the laws and customs of war must simply follow an immutable morality. In contrast, he argues that widely accepted laws and conventions of war are partly constitutive of the moral rules that apply in a conflict. The Ethics of War and the Force of Law will be of interest to scholars and advanced students working in just war theory, applied ethics, political philosophy, political theory, philosophy of law, and criminal and military law.