NLU Meghalaya Library

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Rethinking self-defence : the 'ancient right's' rationale disentangled / T. Markus Funk.

By: Material type: TextPublisher: Oxford, UK ; Hart Publishing, an imprint of Bloomsbury Publishing, 2020Distributor: [London, England] : Bloomsbury Publishing, 2020Edition: First editionDescription: 1 online resourceContent type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9781509934201
  • 9781509934188
Other title:
  • Rethinking self-defense
Subject(s): Genre/Form: Additional physical formats: Print version:: Rethinking self-defenceDDC classification:
  • 345/.04 23
LOC classification:
  • KZ4043
Online resources: Available additional physical forms:
  • Also published in print.
Contents:
Setting the stage -- Developing the 'value-based model' of self-defence -- The scholarly community's surprising neglect of values as self-defence decision-grounds -- The value-based model's answer to common theoretical ('hard case') questions -- Examining German law's treatment of self-defence from a value-centric perspective -- Examining the US law's treatment of self-defence from a value-centric perspective -- Examining the English law's treatment of self-defence from a value-centric perspective -- Parting observations.
Summary: "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"-- Provided by publisher.
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Includes bibliographical references and index.

Setting the stage -- Developing the 'value-based model' of self-defence -- The scholarly community's surprising neglect of values as self-defence decision-grounds -- The value-based model's answer to common theoretical ('hard case') questions -- Examining German law's treatment of self-defence from a value-centric perspective -- Examining the US law's treatment of self-defence from a value-centric perspective -- Examining the English law's treatment of self-defence from a value-centric perspective -- Parting observations.

Abstract freely available; full-text restricted to individual document purchasers.

"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"-- Provided by publisher.

Also published in print.

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Mode of access: World Wide Web.

Description based on print version record and CIP data provided by publisher; resource not viewed.

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