募捐 9月15日2024 – 10月1日2024 关于筹款

Self-defence in Criminal Law (Criminal Law Library)

Self-defence in Criminal Law (Criminal Law Library)

Boaz Sangero
你有多喜欢这本书?
下载文件的质量如何?
下载该书,以评价其质量
下载文件的质量如何?
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.
年:
2006
出版社:
Hart Publishing
语言:
english
页:
394
ISBN 10:
1847312748
ISBN 13:
9781847312747
系列:
Criminal Law Library
文件:
PDF, 1.45 MB
IPFS:
CID , CID Blake2b
english, 2006
线上阅读
正在转换
转换为 失败

关键词