| Description |
ix, 244 pages ; 24 cm |
| Series |
Cambridge studies in philosophy and law |
|
Cambridge studies in philosophy and law.
|
| Contents |
Machine derived contents note: 1. The problem of homicide in self-defence -- 1.1. The philosophical issues -- 1.2. How the account proceeds -- 2. Self-defence as a justification -- 2.1. Self-defence and the complexity of justification and excuse -- 2.2. Self-defence and legal justification -- 3. Self-defence and natural law -- 3.1. Possible differences in scope and strength -- 3.2. A range of views -- 3.3. Important similarities and differences, and two lines of justification -- 4. The double effect justification of self-defence -- 4.1. The relevance of double effect to self-defence -- 4.2. Is homicide in self-defence unintended killing? -- 4.3. Self-prefential killing and double effect -- 5. The right of self-defence -- 5.1. The right of self-defence -- 5.2. A positive right of defence -- 6. Self-defence and the right to life -- 6.1. Forfeiture of the right to life -- 6.2. Specification of the right to life -- 6.3. Grounding an appropriate specification -- 6.4. Concluding remarks -- Bibliography -- Index |
| Summary |
"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."--Jacket |
| Analysis |
Homicide |
|
Homicide |
| Notes |
Originally presented as the author's thesis (doctoral--University of Sydney, 1991) |
|
Originally presented as the author's thesis (doctoral - University of Sydney, 1991) |
| Bibliography |
Includes bibliographical references and index |
| Subject |
Justifiable homicide.
|
|
Justification (Law)
|
|
Self-defense (Law)
|
|
Self-defense (Law) -- Moral and ethical aspects.
|
| LC no. |
93031988 |
| ISBN |
0521454085 (hc) |
|
0521564581 (paperback) |
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