Rethinking Self Defence

Author : T Markus Funk
Publisher : Bloomsbury Publishing
Page : 256 pages
File Size : 44,5 Mb
Release : 2021-01-14
Category : Law
ISBN : 9781509934195

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Rethinking Self-Defence by T Markus Funk Pdf

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 : T Markus Funk
Publisher : Bloomsbury Publishing
Page : 307 pages
File Size : 48,7 Mb
Release : 2021-01-14
Category : Law
ISBN : 9781509934188

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Rethinking Self-Defence by T Markus Funk Pdf

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 : Edward W. Mitchell
Publisher : Routledge
Page : 309 pages
File Size : 40,7 Mb
Release : 2017-09-08
Category : Law
ISBN : 9781351901215

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Self-Made Madness by Edward W. Mitchell Pdf

This multi-disciplinary book lies in the general areas of forensic psychiatry/psychology, sociology, jurisprudence, criminal law and criminology. It questions traditional assumptions about illness and mental disorder, and deals with the controversial notion that mental disorders (and possibly other 'illnesses') may be to varying extents the fault of the 'sufferer'. It examines how the law can take into account such 'culpable' notions of mental disorder in determining criminal responsibility. This culpability for the defense-causing condition (or 'responsibility for level of criminal responsibility') is called 'meta-responsibility'. The book is divided into two parts. The first section discusses theoretical issues, such as the manner in which traditional illness models relate to meta-responsibility; the insanity defence and other mental condition defences; the relationship of clinical issues such as medication non-compliance and insight to meta-responsibility and the counterfactual notion that consideration of the possible voluntary origins of mental disorder may benefit the criminal and non-criminal mentally disordered. The second section of the book presents a case vignette experiment of mock jurors, examining the effect of a 'meta-responsibility insanity test'.

Author : Martin Nimbom
Publisher : GRIN Verlag
Page : 25 pages
File Size : 55,5 Mb
Release : 2023-11-13
Category : Law
ISBN : 9783346968104

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Drawing the Line. Exploring the Boundaries of Self-Defense in World Relations by Martin Nimbom Pdf

Essay from the year 2023 in the subject Politics - Topic: Public International Law and Human Rights, , language: English, abstract: The law of recourse to force has changed dramatically over the last centuries. The concept of self-defense plays a fundamental role in international relations, shaping the interactions between states and defining the boundaries of acceptable behavior in the global arena. This research endeavors to delve into the complexities surrounding the application and interpretation of the principle of self-defense. By examining historical case studies, international legal frameworks, and contemporary geopolitical events, this study aims to shed light on the multifaceted dimensions of self-defense and the delicate balance between state sovereignty and collective security. The research begins by analyzing the evolution of ‘force’ and self-defense norms and doctrines, tracing their origins from customary international law to the modern legal framework established by the United Nations. It equally investigates the category of force for which self-defense becomes permissible. Furthermore, this research examines critically the debate on the boundaries of self-defense, and questions whether existing legal frameworks adequately address this contemporary challenge. By exploring these intricate dynamics, this research aims to contribute to the ongoing discourse on self-defense, especially in the light of Russia’s special military operation in Ukraine, and to provide insights into the evolving nature of international law and norms. It seeks to stimulate further dialogue among policymakers, legal experts, and scholars, with the ultimate goal of fostering a more nuanced understanding of self-defense and its implications for global peace and stability.

Author : Camilla Guldahl Cooper
Publisher : BRILL
Page : 498 pages
File Size : 42,9 Mb
Release : 2019-12-02
Category : Law
ISBN : 9789004401686

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NATO Rules of Engagement by Camilla Guldahl Cooper Pdf

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 : Tadashi Mori
Publisher : BRILL
Page : 288 pages
File Size : 52,9 Mb
Release : 2018-01-11
Category : Law
ISBN : 9789004355002

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Origins of the Right of Self-Defence in International Law by Tadashi Mori Pdf

This book defines the right of self-defence as understood in and before 1945 and offers a possible better alternative for interpreting the significance of the precondition provided for in the Article 51 of the United Nations Charter.

Author : Boaz Sangero
Publisher : Bloomsbury Publishing
Page : 394 pages
File Size : 48,6 Mb
Release : 2006-07-24
Category : Law
ISBN : 9781847312747

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Self-Defence in Criminal Law by Boaz Sangero Pdf

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 : Onder Bakircioglu
Publisher : Routledge
Page : 274 pages
File Size : 48,6 Mb
Release : 2011-05-11
Category : Law
ISBN : 9781136702730

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Self-Defence in International and Criminal Law by Onder Bakircioglu Pdf

Drawing from scholarship across law, history, politics and philosophy, Self-Defence in International and Criminal Law provides a broad and interdisciplinary approach to the doctrine of self-defence in both domestic criminal and international law. It focuses on the requirement of imminence, which deals with the question of when individuals or States may legitimately resort to defensive force against a serious danger or harm. In both national and international law the imminence requirement, if strictly applied, renders any defensive measure taken in anticipation of a would-be attack illegal. Recently, however, attempts have been made to relax the temporal requirement of the self-defence doctrine (imminence) with a view to allowing individuals or States to employ deadly force to arrest an anticipated threat when they ‘believe’ that using ‘pre-emptive’ lethal force would be the only way to thwart an expected harm. In domestic criminal law, it has been argued that it is necessary to relax the rule of imminence in domestic violence cases where women employ lethal force against their abusive partners when there is no imminent threat to justify defensive force. At the international level, while there has long been controversy as to the justifiability of pre-emptive force in non-confrontational settings, following the September 11 attacks, the Bush Administration’s ‘war on terror’ policy radically shifted the focus from the notion of anticipation to that of prevention, making it clear that, if necessary, it would invoke unilateral force against emerging threats before they are fully formed. The book surveys the roots, role, rationale, and objectives of self-defence and questions whether the requirement of imminence should be removed from the traditional contours of the self-defence doctrine in national and international law.

Author : George P. Fletcher,Jens David Ohlin
Publisher : Oxford University Press
Page : 286 pages
File Size : 43,8 Mb
Release : 2013-02-01
Category : Law
ISBN : 9780198040354

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Defending Humanity by George P. Fletcher,Jens David Ohlin Pdf

In Defending Humanity, internationally acclaimed legal scholar George P. Fletcher and Jens David Ohlin, a leading expert on international criminal law, tackle one of the most important and controversial questions of our time: When is war justified? When a nation is attacked, few would deny that it has the right to respond with force. But what about preemptive and preventive wars, or crossing another state's border to stop genocide? Was Israel justified in initiating the Six Day War, and was NATO's intervention in Kosovo legal? What about the U.S. invasion of Iraq? In their provocative book, Fletcher and Ohlin offer a groundbreaking theory on the legality of war with clear guidelines for evaluating these interventions. The authors argue that much of the confusion on the subject stems from a persistent misunderstanding of the United Nations Charter. The Charter appears to be very clear on the use of military force: it is only allowed when authorized by the Security Council or in self-defense. Unfortunately, this has led to the problem of justifying force when the Security Council refuses to act or when self-defense is thought not to apply--and to the difficult dilemma of declaring such interventions illegal or ignoring the UN Charter altogether. Fletcher and Ohlin suggest that the answer lies in going back to the domestic criminal law concepts upon which the UN Charter was originally based, in particular, the concept of "legitimate defense," which encompasses not only self-defense but defense of others. Lost in the English-language version of the Charter but a vital part of the French and other non-English versions, the concept of legitimate defense will enable political leaders, courts, and scholars to see the solid basis under international law for states to intervene with force--not just to protect themselves against an imminent attack but also to defend other national groups.

Author : Alex J. Bellamy,Roland Bleiker,Sara E. Davies,Richard Devetak
Publisher : Routledge
Page : 287 pages
File Size : 50,9 Mb
Release : 2007-11-09
Category : History
ISBN : 9781134205417

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Security and the War on Terror by Alex J. Bellamy,Roland Bleiker,Sara E. Davies,Richard Devetak Pdf

The terrorist attacks of 11 September 2001 marked a turning point in international politics, representing a new type of threat that could not easily be anticipated or prevented through state-based structures of security alone. Opening up interdisciplinary conversations between strategic, economic, ethical and legal approaches to global terrorism, this edited book recognises a fundamental issue: while major crises initially tend to reinforce old thinking and behavioural patterns, they also allow societies to challenge and overcome entrenched habits, thereby creating the foundations for a new and perhaps more peaceful future. This volume addresses the issues that are at stake in this dual process of political closure, and therefore rethinks how states can respond to terrorist threats. The contributors range from leading conceptual theorists to policy-oriented analysts, from senior academics to junior researchers. The book explores how terrorism has had a profound impact on how security is being understood and implemented, and uses a range of hitherto neglected sources of insight, such as those between political, economic, legal and ethical factors, to examine the nature and meaning of security in a rapidly changing world.

Author : Rosemary Hunter
Publisher : Bloomsbury Publishing
Page : 204 pages
File Size : 41,5 Mb
Release : 2008-08-01
Category : Law
ISBN : 9781847314499

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Rethinking Equality Projects in Law by Rosemary Hunter Pdf

The concept of equality has been a key animating principle of modern feminism, and has been highly productive for feminist legal thought and feminist politics concerning law. Today however, given the failure to achieve material and psychic equality for women, feminists have come to challenge the usefulness of equality as a concept, a particular definition, or a basis for strategising. The papers in this collection reflect these concerns, primarily in the context of English-speaking, common law cultures. Collectively, the papers analyse a range of equality projects across a number of areas of public and private law, considering both competing conceptions of equality and alternatives to it. In taking stock across a century and a half and around the globe, the book illustrates the range of ways in which equality projects in law have been challenged by, and remain a challenge for, feminism.

Author : Martin J Dougherty
Publisher : Amber Books Ltd
Page : 51 pages
File Size : 51,5 Mb
Release : 2015-02-25
Category : Self-Help
ISBN : 9781782740766

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How to Defend Yourself: Self Defence by Martin J Dougherty Pdf

Written in easy-to-understand steps and accompanied by clear illustrations, How to Defend Yourself teaches realistic self-defence techniques that can be applied in everyday situations.

Author : Anonim
Publisher : Oxford University Press
Page : 961 pages
File Size : 51,9 Mb
Release : 2024-05-27
Category : Electronic
ISBN : 9780198904670

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by Anonim Pdf

Author : Johanna Friman
Publisher : Bloomsbury Publishing
Page : 264 pages
File Size : 54,7 Mb
Release : 2017-04-06
Category : Law
ISBN : 9781509906956

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Revisiting the Concept of Defence in the Jus ad Bellum by Johanna Friman Pdf

The purpose of the jus ad bellum is to draw a line in the sand: thus far, but no further. In the light of modern warfare, a state should today have an explicitly recognised and undisputed right of delimited unilateral defence not only in response to an occurring armed attack, but also in interception of an inevitable or imminent armed attack. This book, however, makes it evident that unilateral interception is not incontestably compatible with the modern right of self-defence in Article 51 of the UN Charter. Then again, unilateral defence need not forever be confined to self-defence only, wherefore the book proposes that the concept of defence may best be modernised by a clear legal division into responsive and interceptive defence. Since both threat and use of force are explicitly prohibited in Article 2(4) of the UN Charter, this book further recommends that both responsive and interceptive defence should be explicitly excepted from this prohibition in Article 51 of the UN Charter. The modern jus ad bellum should thus legally recognise a dual face of defence: responsive self-defence if an armed attack occurs, and interceptive necessity-defence if a grave and urgent threat of an armed attack occurs. For without a clarifying and modernising revision, the concept of defence will become irreparably blurred until it is completely dissolved into the ever-shifting sands of war.

Author : Gonzalo Araoz,Fátima Alves,Katrina Jaworski
Publisher : BRILL
Page : 218 pages
File Size : 42,6 Mb
Release : 2019-05-15
Category : Social Science
ISBN : 9789004373952

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Rethinking Madness: Interdisciplinary and Multicultural Reflections by Gonzalo Araoz,Fátima Alves,Katrina Jaworski Pdf