This house believes in a right to self-defense

This house believes in a right to self-defense

Self-defense involves defending oneself, one's property or the wellbeing of another from physical harm. The use of the right of self-defense as a legal justification for the use of force in times of danger is available in many jurisdictions, but the interpretation varies widely. The self-defense laws of modern states find their origin in the Roman Law principle of dominium whereby any attack on the members of the family or the property it owned was a personal attack on the pater familias (head of household), and thus could be defended as such. This right is recognized to varying extents in all states, and by the United Nations. The level of force one may use in self-defense, however, varies between countries, and usually centers around what constitutes "reasonable force", which is a fairly nebulous term in specific application, but relatively straightforward in a broad sense. Some critics of self-defense law argue that it is outmoded, belonging to an earlier, more barbarous time, while its supporters insist that it remains a necessity in a still dangerous, modern world. Debates on self-defense revolve around the central question of whether in fact an individual has the right to defend himself his property, and others against physical attack by means of force, or whether exerting force against another, even defensively, is itself a crime.

Bibliography

Proposition:

Carpenter, Catherine. 2003. "Of the Enemy Within, The Castle Doctrine, and Self Defense". Marquette Law Review 86(4).

Fletcher, George. 1990. Crime of Self-Defense: Bernhard Goetz and the Law on Trial.Chicago: University of Chicago Press.

Green, Stuart. 1999. "Castles and Carjackers: Proportionality and the Use of Deadly Force in Defense of Dwellings and Property". University of Illinois Law Review 1.

Kaufman, Whitley. 2009. Justified Killing: The Paradox of Self-Defense. Lanham:Lexington Books.

Kopel, David. 2010. "Crime: The Inner-City Crisis". The Independence Institute.

Nourse, V. 2001. "Self-Defense and Subjectivity". University of Chicago Law Review 68.

Opposition:

Fletcher, George. 1990. Crime of Self-Defense: Bernhard Goetz and the Law on Trial.Chicago: University of Chicago Press

Green, Stuart. 1999. "Castles and Carjackers: Proportionality and the Use of Deadly Force in Defense of Dwellings and Property". University of Illinois Law Review 1.

Kaufman, Whitley. 2009. Justified Killing: The Paradox of Self-Defense. Lanham: Lexington Books.

McCoy, Scott. 2001. "The Homosexual-Advance Defense and Hate Crimes Statutes: Their Interaction and Conflict". Cardozo Law Review 22.

Schopp, Robert. 1998. Justification Defenses and Just Convictions. Cambridge: Cambridge University Press

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