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Author: George P. Fletcher Publisher: University of Chicago Press ISBN: 9780226253343 Category : Law Languages : en Pages : 276
Book Description
Legal expert George Fletcher uses the celebrated trial of New York's "Subway Vigilante", Bernhard Goetz, as a springboard to probe the profound relationship between this defensive action, the public's understanding of it, and the court's interpretation of it according to the law.
Author: George P. Fletcher Publisher: University of Chicago Press ISBN: 9780226253343 Category : Law Languages : en Pages : 276
Book Description
Legal expert George Fletcher uses the celebrated trial of New York's "Subway Vigilante", Bernhard Goetz, as a springboard to probe the profound relationship between this defensive action, the public's understanding of it, and the court's interpretation of it according to the law.
Author: Boaz Sangero Publisher: Bloomsbury Publishing ISBN: 1847312748 Category : Law Languages : en Pages : 394
Book Description
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.
Author: John Rubin Publisher: Unc School of Government ISBN: 9781560112457 Category : Self-defense (Law) Languages : en Pages : 0
Book Description
This book analyzes North Carolina's criminal law on self-defense and other defenses involving defensive force, such as defense of others and defense of habitation. It explains the rules governing the use of defensive force and includes extensive citations to relevant North Carolina case law. The book also discusses issues that commonly arise in the trial of self-defense cases, including evidentiary issues, burdens of proof, and jury instructions.
Author: Camilla Guldahl Cooper Publisher: BRILL ISBN: 9004401687 Category : Law Languages : en Pages : 498
Book Description
In NATO Rules of Engagement, Camilla Guldahl Cooper offers clarity on a topic prone to confusion and misunderstanding. NATO rules of engagement (ROE) are of considerable political, strategic and operational importance, yet many of its concepts lack clarity. The resulting ambiguity may be detrimental for people involved and for mission accomplishment. Through a thorough analysis of the concept, purpose, development and use of NATO ROE, Cooper contributes to improved understanding and implementation of NATO ROE. The book covers all use of force categories and relevant law relating to the use of force during armed conflicts, including the complex concepts of hostile act and hostile intent, direct participation in hostilities, and the increasing reliance on self-defence during armed conflict.
Author: Yoram Dinstein Publisher: Cambridge University Press ISBN: 1139503170 Category : Law Languages : en Pages : 409
Book Description
Yoram Dinstein's influential textbook is an indispensable guide to the legal issues of war and peace, armed attack, self-defence and enforcement measures taken under the aegis of the Security Council. This fifth edition incorporates recent treaties such as the Kampala amendments of the Statute of the International Criminal Court, new case law from the International Court of Justice and other tribunals, and contemporary doctrinal debates. Several new supplementary sections are also included, which take into account recent conflicts around the world, and consideration is given to new resolutions of the Security Council. With many segments having been rewritten to reflect recent State practice, this book remains a wide-ranging and highly readable introduction to the legal issues surrounding war and self-defence.
Author: Caroline Light Publisher: Beacon Press ISBN: 0807064661 Category : History Languages : en Pages : 242
Book Description
A history of America’s Stand Your Ground gun laws, from Reconstruction to Trayvon Martin After a young, white gunman killed twenty-six people at Sandy Hook Elementary School in Newtown, Connecticut, in December 2012, conservative legislators lamented that the tragedy could have been avoided if the schoolteachers had been armed and the classrooms equipped with guns. Similar claims were repeated in the aftermath of other recent shootings—after nine were killed in a church in Charleston, South Carolina, and in the aftermath of the massacre in the Pulse nightclub in Orlando, Florida. Despite inevitable questions about gun control, there is a sharp increase in firearm sales in the wake of every mass shooting. Yet, this kind of DIY-security activism predates the contemporary gun rights movement—and even the stand-your-ground self-defense laws adopted in thirty-three states, or the thirteen million civilians currently licensed to carry concealed firearms. As scholar Caroline Light proves, support for “good guys with guns” relies on the entrenched belief that certain “bad guys with guns” threaten us all. Stand Your Ground explores the development of the American right to self-defense and reveals how the original “duty to retreat” from threat was transformed into a selective right to kill. In her rigorous genealogy, Light traces white America’s attachment to racialized, lethal self-defense by unearthing its complex legal and social histories—from the original “castle laws” of the 1600s, which gave white men the right to protect their homes, to the brutal lynching of “criminal” Black bodies during the Jim Crow era and the radicalization of the NRA as it transitioned from a sporting organization to one of our country’s most powerful lobbying forces. In this convincing treatise on the United States’ unprecedented ascension as the world’s foremost stand-your-ground nation, Light exposes a history hidden in plain sight, showing how violent self-defense has been legalized for the most privileged and used as a weapon against the most vulnerable.
Author: Andrew F. Branca Publisher: ISBN: 9780988867703 Category : Firearms Languages : en Pages : 298
Book Description
You arm yourself so you're hard to kill. Know the law so you're hard to convict. Let's face it, the world isn't always nice. That's why you take steps to protect yourself and your family. Whether it be that shotgun in the corner, the sidearm on your hip, or the pepper spray you gave your daughter, you meet that fundamental responsibility. But if you're like most people, your preparations still lack a critical element. You still need to know how to survive the critical fight that looms after any defensive encounter: the legal battle. The Law of Self Defense provides precisely that critical, missing knowledge. This book includes not just the laws of all fifty states, but how the courts apply those laws. It's a plain-talk analysis that makes the law easy to understand for anyone, not just lawyers. Bestselling author, Andrew F. Branca, is not only a lawyer and internationally recognized legal consultant, but also a life-long member of the gun community--more than 20 years as an NRA Life Member and Instructor, an IDPA Master-class competitor, and a 2nd Amendment absolutist. Learn how to make fast, effective decisions and confidently handle life-and-death situations both tactically and legally. Read This Book And Learn the Powerful Legal Truth That Can Safe Your Life, Wealth And Personal Freedom
Author: Stephen W. Collins Publisher: Steve Collins ISBN: 0007102364 Category : Health & Fitness Languages : en Pages : 131
Book Description
As the newspapers and television constantly remind us, violent crime is on the increase, violence that can strike at you anywhere and at any time - on holiday, at work, on nights' out or during any one of a thousand everyday situations. But even if you are confronted by the unthinkable, you don't have to become a victim. This important new book shows you how you can protect yourself regardless of your age, sex or level of fitness by using the simple but effective REACT formula: R: Recognise E: Evaluate A: Alternatives C: Concentrate T: Terminate Using clear and concise step-by-step instructions, reinforced with many illustrations and diagrams, each of these five basic principles is expanded and explained in such a way that they quickly become 'second nature'. Following this sequence in any circumstance will allow you to recognise potential threats, decide on the best form of action to take and equip you carry to this through. While The R.E.A.C.T. Self defence System does concentrate on a dozen or so straightforward but effective self-protection combat techniques, it is not just another self-defence book, full of impractical or ineffective martial arts routines. What it does is heighten your perception of danger, letting you understand what could be happening to you and enables you to do something about it before it does.
Author: Suzanne Uniacke Publisher: Cambridge University Press ISBN: 9780521564588 Category : Law Languages : en Pages : 258
Book Description
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.
Author: George P. Fletcher
Author: George P. Fletcher
Author: R. D. Yadav
Author: Boaz Sangero
Author: John Rubin
Author: Camilla Guldahl Cooper
Author: Yoram Dinstein
Author: Caroline Light
Author: Andrew F. Branca
Author: Stephen W. Collins
Author: Suzanne Uniacke