Law and Philosophy 25 (3):377-386 (2005)

Authors
Eduardo Rivera-López
Johannes Gutenberg Universität, Mainz
Abstract
We all agree on the justification of defending ourselves or others in some situations, but we do not often agree on why. Two main views compete: subjectivism and objectivism. The discussion has mainly been held in normative terms. But every theory must pass a previous test: logical consistency. It has recently been held that, at least in the case of defending others from aggression, objective theories lead, in some situations, to normative contradiction. My aim is to challenge the idea that only objective theories have this uncomfortable feature. In fact, any plausible theory justifying the defense of others, whether subjectively or objectively, can lead to situations of normative inconsistency. Therefore, the logical test is not the most fitting one for choosing between different theories of private defense.
Keywords Law   Logic   Philosophy of Law   Law Theory/Law Philosophy   Political Science   Social Issues
Categories (categorize this paper)
Reprint years 2006
DOI 10.1007/s10982-005-3222-8
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 65,784
External links

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

Self-Defense and Defense of Others.Russell Christopher - 1998 - Philosophy and Public Affairs 27 (2):123-141.

Add more references

Citations of this work BETA

VIII-Permissible Rescue Killings.Cécile Fabre - 2009 - Proceedings of the Aristotelian Society 109 (1pt2):149-164.
When May Soldiers Participate in War?Uwe Steinhoff - 2016 - International Theory 8 (2):262-296.

Add more citations

Similar books and articles

Analytics

Added to PP index
2009-01-28

Total views
23 ( #480,573 of 2,463,136 )

Recent downloads (6 months)
1 ( #449,363 of 2,463,136 )

How can I increase my downloads?

Downloads

My notes