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Self-Defence in Criminal Law


ISBN13: 9781841136073
ISBN: 1841136077
Published: July 2006
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £100.00
Paperback edition , ISBN13 9781509936700



Despatched in 4 to 6 days.

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.

Subjects:
Criminal Law
Contents:
INTRODUCTION
1. THE RATIONALE OF PRIVATE DEFENCE
2. PRIVATE DEFENCE: A COMPARATIVE ANALYSIS
3. THE ELEMENTS OF PRIVATE DEFENCE
4. INTERNAL DISTINCTIONS IN PRIVATE DEFENCE
5. ADDITIONAL ISSUES IN PRIVATE DEFENCE
EPILOGUE: THE PROPOSED LAW
Bibliography
Index

Series: Hart Criminal Law Library

Self-Defence in Criminal Law ISBN 9781509936700
Published September 2019
Hart Publishing
£44.99
Criminal Fair Trial Rights: Article 6 of the European Convention on Human Rights ISBN 9781509909865
Published September 2016
Hart Publishing
£37.99
Evidence of Bad Character 3rd ed ISBN 9781509900046
Published September 2016
Hart Publishing
£54.99
Evidence of Bad Character 3rd ed (eBook) ISBN 9781509900053
Published September 2016
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£49.49
(ePub)
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£34.19
(ePub)
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Criminal Fair Trial Rights: Article 6 of the European Convention on Human Rights ISBN 9781849465502
Published September 2014
Hart Publishing
£95.00
Hearsay Evidence in Criminal Proceedings 2nd ed ISBN 9781849464635
Published February 2014
Hart Publishing
£49.99
Hearsay Evidence in Criminal Proceedings 2nd ed (eBook) ISBN 9781782252948
Published February 2014
Hart Publishing
£44.99
(ePub)
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The Privilege Against Self-Incrimination and Criminal Justice (eBook) ISBN 9781782253228
Published November 2013
Hart Publishing
£76.50
(ePub)
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The Privilege Against Self-Incrimination and Criminal Justice ISBN 9781841133171
Published November 2013
Hart Publishing
£85.00
Case Management in Criminal Trials 2nd ed ISBN 9781849463041
Published January 2012
Hart Publishing
£90.00
Case Management in Criminal Trials (eBook) ISBN 9781847318824
Published January 2012
Hart Publishing
£81.00
(ePub)
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Inquests ISBN 9781849460378
Published May 2011
Hart Publishing
£80.00
The Presumption of Innocence: Evidential and Human Rights Perspectives ISBN 9781849460361
Published June 2010
Hart Publishing
£95.00
Sexual Assault and the Justice Gap ISBN 9781841136707
Published April 2008
Hart Publishing
£64.99
Homicide Law in Comparative Perspective
Edited by: Jeremy Horder
ISBN 9781841136967
Published December 2007
Hart Publishing
£90.00
Fair Trials: The European Criminal Procedural Tradition and the ECHR ISBN 9781841137308
Published August 2007
Hart Publishing
£85.00