David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Law and Philosophy 30 (3):253-272 (2011)
Proportionality is widely accepted as a necessary condition of justified self-defense. What gives rise to this particular condition and what role it plays in the justification of self-defense seldom receive focused critical attention. In this paper I address the standard of proportionality applicable to personal self-defense and the role that proportionality plays in justifying the use of harmful force in self-defense. I argue against an equivalent harm view of proportionality in self-defense, and in favor of a standard of proportionality in self-defense that requires comparable seriousness and takes into account the wrong, as opposed simply to the harm that the victim is fending off. I distinguish the standard of proportionality in self-defense from proportionality in circumstances of necessity, and I discuss whether proportionality is an internal or an external constraint on the right of self-defense
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
Uwe Steinhoff (2013). Rodin on Self-Defense and the "Myth" of National Self-Defense: A Refutation. Philosophia 41 (4):1017-1036.
Similar books and articles
Matthias Klatt (2012). The Constitutional Structure of Proportionality. Oxford University Press.
Davis Brown (2011). Proportionality in Modern Just War Theory: A Tort-Based Approach. Journal of Military Ethics 10 (3):213-229.
Larry Alexander (1991). Self-Defense, Punishment, and Proportionality. Law and Philosophy 10 (3):323 - 328.
Göran Hermerén (2012). The Principle of Proportionality Revisited: Interpretations and Applications. [REVIEW] Medicine, Health Care and Philosophy 15 (4):373-382.
Tyrone Kirchengast (2010). Proportionality in Sentencing and the Restorative Justice Paradigm: 'Just Deserts' for Victims and Defendants Alike? [REVIEW] Criminal Law and Philosophy 4 (2):197-213.
William A. Edmundson (2002). Afterword: Proportionality and the Difference Death Makes. Criminal Justice Ethics 21 (2):40-43.
Kai Draper (2009). Defense. Philosophical Studies 145 (1):69 - 88.
Moshe Cohen-Eliya & Iddo Porat, American Balancing and German Proportionality: The Historical Origins.
Charles-Maxime Panaccio (2011). In Defence of Two-Step Balancing and Proportionality in Rights Adjudication. Canadian Journal of Law and Jurisprudence 24 (1):109-128.
L. Shapiro & E. Sober (2012). Against Proportionality. Analysis 72 (1):89-93.
Gerhard Øverland (2011). On Disproportionate Force and Fighting in Vain. Canadian Journal of Philosophy 41 (2):235-261.
Thomas D. Bontly (2005). Proportionality, Causation, and Exclusion. Philosophia 32 (1-4):331-348.
Joseph Shaw (2006). Intention, Proportionality, and the Duty of Aid. American Catholic Philosophical Quarterly 80 (1):99-105.
Added to index2010-12-21
Total downloads101 ( #14,971 of 1,692,471 )
Recent downloads (6 months)9 ( #25,756 of 1,692,471 )
How can I increase my downloads?