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Vol 25 No 2 Feb/March 2020

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Lewin on Trusts

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


ISBN13: 9781509934171
To be Published: December 2020
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £80.00



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.

Subjects:
Criminal Law
Contents:
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