Proportionality and Self-Defense

Law and Philosophy 30 (3):253-272 (2011)
Abstract
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)
DOI 10.1007/s10982-010-9090-x
Options
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history
Request removal from index
Download options
Our Archive


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 26,162
Through your library
References found in this work BETA

No references found.

Add more references

Citations of this work BETA

Add more citations

Similar books and articles
Proportionality in Modern Just War Theory: A Tort-Based Approach.Davis Brown - 2011 - Journal of Military Ethics 10 (3):213-229.
Self-Defense, Punishment, and Proportionality.Larry Alexander - 1991 - Law and Philosophy 10 (3):323 - 328.
Defense.Kai Draper - 2009 - Philosophical Studies 145 (1):69 - 88.
In Defence of Two-Step Balancing and Proportionality in Rights Adjudication.Charles-Maxime Panaccio - 2011 - Canadian Journal of Law and Jurisprudence 24 (1):109-128.
Against Proportionality.L. Shapiro & E. Sober - 2012 - Analysis 72 (1):89-93.
On Disproportionate Force and Fighting in Vain.Gerhard Øverland - 2011 - Canadian Journal of Philosophy 41 (2):235-261.
Proportionality, Causation, and Exclusion.Thomas D. Bontly - 2005 - Philosophia 32 (1-4):331-348.
Intention, Proportionality, and the Duty of Aid.Joseph Shaw - 2006 - American Catholic Philosophical Quarterly 80 (1):99-105.

Monthly downloads

Added to index

2010-12-21

Total downloads

112 ( #42,442 of 2,152,239 )

Recent downloads (6 months)

5 ( #162,767 of 2,152,239 )

How can I increase my downloads?

My notes
Sign in to use this feature


Discussion
Order:
There  are no threads in this forum
Nothing in this forum yet.

Other forums