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#1. Hsin-Wen Lee, A New Societal Self-Defense Theory of ...
In this paper, I propose a new self-defense theory of punishment, the rights-protection theory. By appealing to the interest theory of right, ...
#2. Fortifying the Self-Defense Justification of Punishment
In the bulk of the paper, I'll respond to four critiques Boonin makes of the self- defense theory: that it will justify punishing the innocent, that it ...
#3. Justification: Self-Defense - Theories - JRank Articles
Justification. The private punishment theory justifies defensive force because it inflicts punishment on a deserving wrongdoer instead of, or in addition to, ...
#4. CAN SELF-DEFENSE JUSTIFY PUNISHMENT? - JSTOR
由 L ALEXANDER 著作 · 2013 · 被引用 11 次 — Punishment, therefore, will remain a necessity even in the presence of a duty to compensate. And why is Tadros's theory not just an ordinary consequentialist.
#5. Self-Defense - Stanford Encyclopedia of Philosophy
Self-defense is typically assumed to be morally optional: victims are permitted to refrain from use defensive force. By contrast, we might think ...
#6. FORTIFYING THE SELF-DEFENSE JUSTIFICATION OF ...
offenders can be justified via the self-defense theory, those harms won't as punishment. Boonin's discussion thus provides a series of helpful challe.
#7. self-defense | law - Encyclopedia Britannica
self-defense, in criminal law, justification for inflicting serious harm on another person on the ground that the harm was inflicted as a ...
#8. A New Societal Self-Defense Theory of Punishment—The ...
In this paper, I propose a new self-defense theory of punishment, the rights-protection theory. By appealing to the interest theory of right ...
#9. 12 Forfeiture and Self-Defense - Oxford Academic
(This complaint, however, is a virtue, not an objection to the forfeiture view. 6 ) In addition, within punishment theory, the claim that criminals forfeit ...
#10. Self-Defense Law: Overview - FindLaw
Learn about self-defense law and related topics by checking out ... a claim of self-defense might reduce the charges or punishment, ...
#11. Self-Defense, Necessity, and Punishment: A Philosophical ...
Uwe Steinhoff, Self-Defense, Necessity, and Punishment: A ... important critic of the dominant strains of discussion within just war theory.
#12. Proportionality and the Aggessor's Culpability in Self-Defense
This theory of the defense appears to be a straightforward application of the ... punish the intruder for his culpable conduct, but to nullify an ...
#13. 5.2 Self-Defense – Criminal Law - Publishing Services
Self -defense can be a defense to assault, battery, and criminal homicide ... under a theory of self-defense because she completely withdrew from the attack.
#14. Right of self-defense - Wikipedia
General concepts – legal theory · Moral theory · Defense of others · Legal defense for self-defense claim · Model Penal Code · Common law cases · Definition in ...
#15. Self-Defense, Punishment and Forfeiture: Criminal Justice Ethics
According to the self-defense view, the moral justification of punishment is derived from the moral justification of an earlier threat of ...
#16. Why Don't We Punish People Who Kill in Self-Defense?
... Rhetoric of Self-Defense. In the article, she explores a surprising difficult problem in criminal law theory: why we don't punish people ...
#17. Punishment as Societal-Defense - Rowman & Littlefield
In Punishment as Societal-Defense, Phillip Montague develops a new theory of punishment that, ... constructs it as analogous to individual self-defense.
#18. A DETERRENCE THEORY OF PUNISHMENT
If so, the main work of justifying punishment must rely on its deterrent effect, since most punishments have no other significant self-defensive effect. It has ...
#19. Self-Defense as a Justification for Punishment
Absent a general theory of necessity, Jewish law has revealed cer- tain tendencies to expand the law of "pursuit" well beyond the core cases of aggression ...
#20. Self-Defense, Necessity, and Punishment: A Philosophical ...
Amazon.com: Self-Defense, Necessity, and Punishment: A Philosophical Analysis (Routledge Research in Applied Ethics): 9780367407216: Steinhoff, Uwe: Books.
#21. Punishment and Self-Defense | Office of Justice Programs
In working out his theory of retributive punishment, Nozick argues that self-defense should be treated the same as or at least equivalent to punishment.
#22. A Reconciliation Theory of State Punishment: An Alternative to ...
The maximum penalty that would be justified is whatever is no greater than the crime committed, analogous to the way one may not in self-defence ...
#23. Desert and Avoidability in Self-Defense* | Ethics: Vol 122, No 1
Jeff McMahan's work on the morality of self-defense, most recently in his book ... “Respect and Resistance in Punishment Theory,” California Law Review 97 ...
#24. Self-Defense: Tell Me Moore
Choices, Moore quickly moves beyond a self-defense justification.7 ... 57 Christopher Heath Wellman, “The Rights Forfeiture Theory of Punishment,” 122 ...
#25. Self Defense Law Explained - YouTube
Criminal law professor, Kimberly Ferzan explains the law of self defense and how it can justify the use of deadly and non-deadly force.
#26. Self-Defense, Necessity, and Punishment: A ... - Routledge
This book offers a philosophical analysis of the moral and legal justifications for the use of force. While the book focuses on the ethics self-defense, ...
#27. Between Self-Defense and Vengeance/Between Social ...
the problems of criminal law to larger problems of political theory. In particular, I ... claim self-defense if they are to escape criminal punishment:.
#28. Understanding the Role Values Play (And Should Play) In Self ...
policy underpinnings of self-defense theory requires a far more in-depth, ... sounds less in self-defense and more in punishment or societal vengeance.
#29. justifying the right to self-defense: a theory
punishment and self-defense as an act of resisting an unjust attack. Unfortunately, I will not be able to go into this discussion in this Essay.
#30. Justification: Self-Defense | Encyclopedia.com
Justification. The private punishment theory justifies defensive force because it inflicts punishment on a deserving wrongdoer instead of, or in addition to, ...
#31. Self-defense - New World Encyclopedia
In this theory, the "acquisition principle" states that people are entitled to defend and retain all holdings acquired in a just way and the "rectification ...
#32. Moral Permissibility of Punishment
The legal institution of punishment presents a distinctive moral challenge ... Rights Forfeiture; Consent; Self-Defense; Moral Education; Hybrid Approaches.
#33. Analysis of the Conditions of Legitimate Defense (self-defense ...
Court are used to investigate the conditions of self-defense in judicial ... (Ta'zir) of the aggressor, it would be better to avoid the punishment of the.
#34. Recipe for a Theory of Self-Defense - SSRN Papers
Self -defense and its close relative, defense of others, are uses of force against another person — Attacker — for the purpose of preventing ...
#35. When Is It Self-Defense and When Is It Manslaughter? - HG.org
Self -defense can alter a criminal case so that the accused is not criminally. ... the punishment for murder although punishments are still very serious.
#36. Right to Self-Defence in National and International Law
J. Walter Jones, The 'Pure' Theory of International Law, 16 BRIT. ... as punishing the wicked, enforcing the law, or self-defence, ...
#37. Alan Brudner* CONSTITUTIONALIZING SELF-DEFENCE ...
criminal law theory of why and when force in self-defence is justified in order ... alternative in Alan Brudner, Punishment and Freedom: A Liberal Theory of ...
#38. SELF-DEFENSE AND GENDER-BASED VIOLENCE
to prevent, investigate and punish violence against women. The Inter-American Court of Human ... components of self-defense within criminal law theory, and.
#39. Punishment, Self-Defence, and Madness in Hobbes's Leviathan
d) Reconstructing Hobbes's Right to Self-Defence . ... punishment – reveals a tension within his political theory, as his RSD seems to cut against his.
#40. AN EVALUATIVE STUDY OF SELF-DEFENSE THEORY AND ...
to self-defense law will improve the transparency and quality of ... sounds less in self-defense and more in punishment or societal ...
#41. SELF-DEFENCE IN CRIMINAL LAW
Which deontological theory explains or ought to explain, self-defense? ... and no punishment for an offence unless determined by law or pursuant to the law.
#42. The Worldwide Popular Revolt Against Proportionality in Self
especially prosecutors for being more concerned to punish victims of ... may not be immediately apparent.11) Scholarly theories about self-defense that run.
#43. 10-06-11_Ferzan_Culpable Aggression 9 9 11.docx
The first part of this paper examines two prominent alternative theories of self-defense – Judith Thomson's rights-based account and Jeff McMahan's moral ...
#44. CURRENT RESEARCH AND PUBLICATION
... permissibility of the use of force in for example self-defense, war, and punishment. BOOKS. Honor and Revenge: A Theory of Punishment (Springer 2012): ...
#45. Respect and Resistance in Punishment Theory - BrooklynWorks
two main camps in punishment theory, retributivism' 0 and consequentialism. ... use force in self-defense only against a threat of imminent death or serious.
#46. The Ethics of Killing, Volume 2: Self-Defense, War, and ...
The Ethics of Killing, Volume 2: Self-Defense, War, and Punishment ... with Just War theory and argues against the deeply held beliefs within the theory, ...
#47. Suµrez, Aquinas, and the Just War: Self Defense or ...
self -defense and to the use of force in punishing criminals. Is war more ... Aquinas developed both a natural law theory of the just war and a.
#48. Self-defense in Athenian Homicide Law
with any other crime, as distinct from warding off (in self-defense) the ... 614-15; John Walter Jones, The Law and Legal Theory of the Greeks (Oxford 1956) ...
#49. The Rhetoric of Self-Defense - BJCL
outside of them - namely, under the competing theory of monopoly of ... Historically, however, homicide in self-defense did result in punishment as an ...
#50. Defending White Space: Race and Self-defense
Building on feminist and critical race theory critiques of self-defense law, ... state self-defense laws can insulate killers from trial and punishment, ...
#51. Against Self-Defense - ScholarWorks@UARK
non-eliminativist theories of justified self-defensive assault – that is, theories of self-defensive ... purposes of punishment, and the like.
#52. Self-Defense - Law Firm in Metro Manila, Philippines
Not all acts constitute crimes. A person who is defending himself, family or property cannot be held criminally liable. Article 11 of the Revised Penal.
#53. Self-Defence and the Constitution. - CanLII
Theories of Self-Defence A. Utilitarian B. Autonomy C. The Self-Defence ... Fletcher,96 forbids punishing those who act without free choice.97 Free choice ...
#54. Aggression and Punishment - Rutgers Philosophy
through such notions as crime and punishment, self-defense, ... war appears in Walzer's book mainly in his references to older theories.
#55. "Imperfect Self-Defense" & Flannel Doctrine in California
In California, imperfect self-defense is killing a person due to an honest, unreasonable belief in the need for deadly force in self-defense.
#56. Criminal Law I (Arts. 21-24) Flashcards | Chegg.com
Theories Justifying Penalty: Self-Defense ... That crime must be punished by the State as an act of retributive justice, a vindication of absolute right and ...
#57. Hart's Combined Theory - Michael Green
Mixed theories of punishment hold that punishment is justified only ... Self-defense is a justification for an action that would normally be ...
#58. What Are the Self Defense Laws in Pennsylvania?
Our school systems today institute a 'zero tolerance' policy where fights between children result in punishment of everyone involved. If schools are that strict ...
#59. What Makes Self-Defense Justifiable? - Justia's Verdict
In some sense, then, self-defense and punishment after the fact are the ... I have another theory, though, connected with the simple rule ...
#60. Fairness, Responsibility and Self-Defense
legal theories to establish ... grounding" for self-defense has ... ment: there is a wide agreement that punishment is justified, ...
#61. 5.2 Self-Defense | Criminal Law - Lumen Learning
Self -defense can be a defense to assault, battery, and criminal homicide ... under a theory of self-defense because she completely withdrew from the attack.
#62. Crime Prevention & Criminal Justice Module 7 Key Issues: 2
Retribution is probably the oldest justification of punishment and can be found in the theories offered by Kant and Hegel (Brooks, 2001). It is the fact that ...
#63. ea8 dressler crim law bl - Westlaw
Two broad theories of punishment exist: utilitarianism and retribution. ... An aggressor may not use deadly force in self-defense. It is possible,.
#64. Texas Castle Law Doctrine | Self Defense - Luster Law Firm
The Doctrine of Self-Defense. The castle law, or doctrine, is a common law theory that has existed for hundreds of years. The doctrine comes from the idea that ...
#65. Yeo, Stanley --- "Excessive Self-Defence" [2000] CICrimJust 13
Support of criminal law theory and criminal process considerations The plea of excessive self-defence is supported by the criminal law theory of ...
#66. The Right to Self-Defense | Mises Institute
How extensive is a man's right of self-defense of person and property? ... the proportionality theory of punishment—best summed up in the ...
#67. Arguing Imperfect Self-Defense in California
The theory asks if a person is reasonable, would they have responded in the same way ... Punishment After an Imperfect Self-Defense Argument.
#68. Theories of punishment- a thorough study - iPleaders
The Retributive Theory of Punishment, or the 'Theory of Vengeance', ... The above definition, too, is quite self-explanatory in its nature.
#69. Retributive Theory of Punishment: A Critical Analysis
The broad theories of punishment are divided into consequentalist and ... might also be a case that A killed B in an act of self-defence.
#70. Theories of Punishment - Cliffs Notes
Legislators designed sentencing laws with rehabilitation in mind. More recently, during the politically conservative 1980s and 1990s, legislators seized power ...
#71. Virginia's Gap Between Punishment and Culpability
The intersection between Virginia's self-defense laws and the ... See Kyron Huigens, On Commonplace Punishment Theory, 2005 U. Chi.
#72. Punishment—Retribution, Rehabilitation, and Deterrence
(although other utilitarians would reject this). • Finally this would include unintentional acts, acts done due to fear (self- defense) and acts that are ...
#73. The Insanity Defense | - Law Explorer
The theory and practice of the insanity defense has been especially ... but the punishment of a madman, a person that hath no design, ...
#74. Self-Defence and the Prevention of Crime
Introduction; Guidance. The Law and Evidential Sufficiency; Reasonable Force; Section 76 of the Criminal Justice and Immigration Act 2008; Householder Cases ...
#75. Theories of Punishment - Law Colloquy
There are five types of theories punishments describes under criminal justice system: ... to lead a law-abiding and self-supporting life.".
#76. Theories and Kinds of Punishment - Toppr
The theory gets its importance from the notion that society must be protected from criminals. Thus, the punishment here is for solidarity and defense. The ...
#77. Self-defense - Nebraska Legislature
A defendant's use of deadly force in self-defense is justified if a ... there is any evidence in support of a legally cognizable theory of self-defense.
#78. Theories of Punishment - Legal Service India
What Is Punishment? · Theories of Punishment · Deterrent: · Preventive Theory: · Reformative Theory · Retributive Theory · Law Article in India ...
#79. New York City bodega clerk in charged deadly ... - CBS News
A New York City bodega clerk involved in a deadly stabbing is claiming self - defense after getting charged with second-degree murder.
#80. Pros And Cons Of Behaviorism Theory - Anke Kreuzer-Berhorst
List of the Pros of Cognitive Behavioral Therapy Behavioral theories have ... are rarely used in self-defense Pros and Cons of Robotic Warfare Their theory ...
#81. Self-Defense, Necessity, and Punishment | U
This book offers a philosophical analysis of the moral and legal justifications for the use of force. While the book focuses on the ethics ...
#82. The National Constitution Center
Grand Jury, Double Jeopardy, Self Incrimination, Due Process, Takings · Sixth Amendment ... Excessive Fines, Cruel and Unusual Punishment · Ninth Amendment ...
#83. Crime And Punishment First Chapter
Chapter 1: Crime and Punishment: An Economic Approach. ... The central concept of Crime and Punishment is Raskolnikov's theory of the self-willed criminal ...
#84. Id, Ego, and Superego: Freud's Elements of Personality
According to Freud's theory, certain aspects of your personality are ... Having a strong ego means having a strong sense of self-awareness.
#85. Journal of Research in Crime and Delinquency
Disproportionately Punished, Yet Still Neglected: Variation in Official Police Responses to American Indian/Alaska Native Offending and Victimization.
#86. How to Distinguish Between Voluntary & Involuntary ...
These fall into three main types: Self-Defence In self-defence cases, ... Punishment for Voluntary Manslaughter The punishment for voluntary ...
#87. District Law Pertaining to Self Defense
Trainers shall provide a discussion of the law of self-defense in general ... self-defense where there is no evidence to support the theory of this defense.
#88. What legal principles can be used to justify self defense ...
But protection against ex post facto laws effect more than just the elements of a crime, it also effects sentencing and punishment. The links below describe an ...
#89. Zero tolerance policies examples. A zero tolerance policy ...
These punishments usually involved either suspension or expulsion from ... The issue is the justification of self-defense in a school disciplinary action.
#90. Judo queens
Mar 12, 2009 · In theory, the British Judo Association can provide sponsorship but ... Results, fun and self-defense make it easy to stay consistent and ...
#91. No room for religious liberty in abortion debate ... - USA Today
Our laws consider many circumstances: Was a killing premeditated, impulsive, accidental, committed in self-defense? Capital punishment is ...
#92. Self-Defense, Necessity, and Punishment: A Philosophical ...
Yet when criticizing this position he himself seems to confuse permission and rights ... theory can account for the usual limits imposed on self-defense and ...
#93. The Ethics of Self-Defense - 第 313 頁 - Google 圖書結果
“Justifying Self Defense.” Philosophy and Public Affairs 16 (1987): 356–78. Wellman, Christopher Heath. “The Rights Forfeiture Theory of Punishment.
#94. Maxamet vs s30v. MAXAMET VS. link/2VmYv2AShop BHQ
Rumble — It's a common theory that soft steel (low HRC) is " Tougher " than ... Mini Portable Outdoor Survival Knife Self-Defense Knife Sharp high Hardness.
#95. Free Will, Agency, and Meaning in Life - 第 165 頁 - Google 圖書結果
A further serious misgiving raised against utilitarian deterrence theory is the ... punishment justified by the right to harm in self-defense 165 Punishment ...
#96. Human Rights and Personal Self-Defense in International Law
Self -defense as Defense of the Social-legal Order The argument has been made ... self-preservation justifications such as necessity.208 The theory has some ...
#97. The Russian nuclear threat, explained - Vox
It's self-evident that if two nuclear superpowers go to war, the odds ... Although defense experts often use game theory to explain nuclear ...
#98. The Southwestern Reporter - 第 146 卷 - 第 555 頁 - Google 圖書結果
The charge to the jury in regard to self - defense also embodies threats . ... self - defense theory must be charged from both standpoints .
self-defense theory of punishment 在 Self Defense Law Explained - YouTube 的推薦與評價
Criminal law professor, Kimberly Ferzan explains the law of self defense and how it can justify the use of deadly and non-deadly force. ... <看更多>