Home » PDF 'An Act Of Self Defense'

[Pdf] An Act Of Self Defense [Downloads]

Self-Defence in Criminal Law

Self-Defence in Criminal Law

Self-Defence in Criminal Law

Author: ,

Publisher: Bloomsbury Publishing

Isbn 10: 1847312748

Category: Law

Number of Pages: 394

Number of Views: 665

GET EBOOK

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.


Rethinking Self-Defence

Rethinking Self-Defence

Rethinking Self-Defence

Author: T Markus Funk

Publisher: Bloomsbury Publishing

Isbn 10: 1509934197

Category: Law

Number of Pages: 256

Number of Views: 1503

DOWNLOAD

Self-defence – the 'ancient right' – has never been more relevant than in the present era of widespread calls for criminal justice reform. The book substantially advances the patinaed discussion by introducing for the first time a comprehensive value-centric approach to thinking about the defence's deeper rationale. It tackles core issues such as the relative importance of the State's claimed monopoly on force, procedural justice and the need to shore up the justice system's legitimacy and creditworthiness, everyone's presumptive 'right to life,' and the importance of ensuring equal standing between citizens. And, in so doing, the book breaks ground by addressing public perceptions of 'just' and 'right' outcomes, as well as the emphasis legal systems place (and should place) on State power.


Human Rights and Personal Self-Defense in International Law

Human Rights and Personal Self-Defense in International Law

Human Rights and Personal Self-Defense in International Law

Author: Jan Arno Hessbruegge

Publisher: Oxford University Press

Isbn 10: 0190655038

Category: Law

Number of Pages: 304

Number of Views: 865

DOWNLOAD

While an abundance of literature covers the right of states to defend themselves against external aggression, this is the first book dedicated to the right to personal self-defense in international law. Drawing on his extensive experience as a human rights practitioner and scholar, Dr. Hessbruegge sets out in careful detail the strict requirements that human rights impose on defensive force by law enforcement authorities, especially police killings in self-defense. The book also discusses the exceptional application of the right to personal self-defense in military-led operations, notably to contain violent civilians who do not directly participate in hostilities. Human rights also establish parameters on how broad or narrow the laws can be drawn on self-defense between private persons. Setting out the prevailing international standards, the book critically examines the ongoing trend to excessively broaden self-defense laws. It also refutes the claim that there is a human right to possess firearms for self-defense purposes. In extraordinary circumstances, the right to personal self-defence sharpens human rights and allows people to defend themselves against the state. Here the author establishes that international law gives individuals the right to forcibly resist human rights violations that pose a serious risk of significant and irreparable harm. At the same time, he calls into question prevailing state practice, which fails to recognize any collective right to organized armed resistance even when it constitutes the last resort to defend against genocide or other mass atrocities.


The International Court of Justice and Self-Defence in International Law

The International Court of Justice and Self-Defence in International Law

The International Court of Justice and Self-Defence in International Law

Author: James A. Green

Publisher: Bloomsbury Publishing

Isbn 10: 1847315208

Category: Law

Number of Pages: 246

Number of Views: 1167

DOWNLOAD

The legal rules governing the use of force between States are one of the most fundamental, and the most controversial, aspects of international law. An essential part of this subject is the question of when, and to what extent, a State may lawfully use force against another in self-defence. However, the parameters of this inherent right remain obscure, despite the best efforts of scholars and, notably, the International Court of Justice. This book examines the burgeoning relationship between the ICJ and the right of self-defence. Since 2003 there have been three major decisions of the ICJ that have dealt directly with the law governing self-defence actions, in contrast to only two such cases in the preceding fifty years. This, then, is an opportune moment to reconsider the jurisprudence of the Court on this issue. This book is the first of its kind to comprehensively draw together and then assess the merits of this jurisprudence. It argues that the contribution of the ICJ has been confused and unhelpful, and compounds inadequacies in existing customary international law. The ICJ's fundamental conception of a primary criterion of 'armed attack' as constituting a qualitatively grave use of force is brought into question. The book then goes on to examine the underlying causes of the problems that have emerged in the jurisprudence on this crucial issue. Winner of the American Society of International Law's Lieber Society Book Prize 2009 Dr Green's monograph demonstrates a thorough understanding of the law of self-defence, coupled with an informed and evaluative discussion of the role and function of the International Court. It is an impressive analysis of the International Court of Justice's jurisprudence on self-defence. Professor Iain Scobbie, Judge of the American Society of International Law's Lieber Society Book Prize 2009, Sir Joseph Hotung Research Professor, School of Oriental and African Studies, London James Green's "The International Court of Justice and Self-Defence in International Law" usefully draws together the jurisprudence of the International Court of Justice on the international law governing self-defence. The work could not be more timely in light of both contemporary State practice and the Court's recent controversial judgements on the topic. Of particular note is his analysis of the very complex, and as yet unsettled, notion of "armed attack." Professor Michael Schmitt, Chairman of the American Society of International Law's Lieber Society Book Prize Committee, Chair of Public International Law, Durham University Winner of the University of Reading Faculty of Social Sciences outputs prize for the best research output in 2010.


The Japan Self-Defense Forces Law

The Japan Self-Defense Forces Law

The Japan Self-Defense Forces Law

Author: Robert D. Eldridge,Musashi Katsuhiro

Publisher: Cambridge Scholars Publishing

Isbn 10: 1527534944

Category: Technology & Engineering

Number of Pages: 404

Number of Views: 1741

DOWNLOAD

This book is the first ever to examine the Japan Self-Defense Forces Law by providing an historical overview of its passage, changes, and function in Japanese defense policy since its passage in 1954. It is also the first to provide a full English translation of the Law, incorporating all of the more than 160 changes that have been adopted to it. This book will be of immense importance to students, scholars, practitioners, and officials working with or interested in Japan’s “military,” a term that is recognized internationally but remains sensitive domestically.


Stand Your Ground

Stand Your Ground

Stand Your Ground

Author: Caroline Light

Publisher: Beacon Press

Isbn 10: 0807064688

Category: History

Number of Pages: 240

Number of Views: 1237

DOWNLOAD

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.


Self-defense in Islamic and International Law

Self-defense in Islamic and International Law

Self-defense in Islamic and International Law

Author: N. Shah

Publisher: Springer

Isbn 10: 0230611656

Category: Political Science

Number of Pages: 192

Number of Views: 1045

DOWNLOAD

The book argues that the concept of self-defense in Islamic and International law is compatible. Al-Qaeda's declaration of Jihad does not meet the Islamic legal test. Similarly, the invasion of Iraq does meet the international legal test.


Breaking the Abortion Deadlock

Breaking the Abortion Deadlock

Breaking the Abortion Deadlock

Author: Eileen McDonagh

Publisher: Oxford University Press

Isbn 10: 019535799X

Category: Social Science

Number of Pages: 296

Number of Views: 1109

DOWNLOAD

For over twenty years the abortion debate has raged, with each side entrenched in unyielding positions. This book breaks the impasse by using pro-life premises to reach pro-choice conclusions. While it is commonly assumed that state protection of the fetus as a form of human life undermines women's reproductive rights, McDonagh instead illuminates how it is exactly such state protection of the fetus that strengthens, rather than weakens, not only women's right to an abortion, but even more significantly, women's ability to call on the state for abortion funding. McDonagh's approach, by bridging the divide between pro-life and pro-choice advocates, revolutionizes the abortion debate in a way that opens up a whole new avenue for resolving the abortion conflict and advancing women's rights. McDonagh reframes the abortion debate by locating the missing piece of the puzzle: the fetus as the cause of pregnancy. After exposing the myths on this subject, her exacting analysis presents the scientific and legal evidence that the ultimate source of pregnancy is the fetus. The central issue then becomes what the fetus, as an active agent, does to a woman's body during pregnancy, whether that pregnancy is wanted or not. McDonagh graphically describes the massive changes produced by the fetus when it takes over a woman's body. As such, pregnancy is best depicted not as a condition that women have a right to choose but rather as a condition to which they must have a right to consent. Abortion, therefore, does not rest on the intensely debated principle, stated in Roe, that women have a right to be free from state interference when choosing privately what to do with their own bodies. Instead, as McDonagh's book explains, abortion rights flow inevitably from women's more established right to consent to what another agent does to their body. Specifically, women have a right to resist an unwanted intrusion by a fetus as well as to receive help from the state to stop such an intrusion. Moving abortion rights from choice to consent has broad legal and cultural ramifications tapping into the very cornerstone of the American political system: consent. McDonagh unravels the consequences of extending to pregnant women the same guarantees of bodily integrity and liberty possessed by others in our society. Specifically, she shows why a woman who does not consent to be made pregnant by a fetus, not only has a right to terminate pregnancy, but why the state violates constitutional due process and equal protection guarantees when it fails to provide her with the same protections against nonconsensual intrusions by a fetus as it provides against nonconsensual intrusions by other parties. This book pivotally strengthens, therefore, not only women's right to abortion but also abortion funding. By providing new grounds both for the public funding of abortion and for the removal of government restrictions on abortions, it lays the foundation for enhancing women's rights through major policy changes in legislatures and courts.


The UK Law on Self-Defence

The UK Law on Self-Defence

The UK Law on Self-Defence

Author: Tom Hill

Publisher: Andrews UK Limited

Isbn 10: 1781660409

Category: Sports & Recreation

Number of Pages: 30

Number of Views: 900

DOWNLOAD

This fantastic ebook by self-defence expert Tom Hill attempts to interpret the UK Law on self defence. What legal options are presented to an individual who fears for their own safety? What is reasonable force? Can you use a weapon? All these subjects and more are discussed in this revealing and informative guide.


Right to National Self-Defense

Right to National Self-Defense

Right to National Self-Defense

Author: Dimitrios Delibasis

Publisher: Arena books

Isbn 10: 0955605512

Category: Technology & Engineering

Number of Pages: 428

Number of Views: 361

DOWNLOAD

This ambitious work which took the better part of a decade to produce will be essential reading for all serious defence study students, and of absorbing interest to military professionals and lay people concerned with the future of warfare and all aspects of response to military attack. Its ultimate aim is to demonstrate that the advent of Cyberwarfare has pushed traditional legal thinking regarding the regulation of forcible action beyond traditional boundaries. It attempts to do so by critically analyzing specific characteristics which are inherent to Cyberwarfare such as stealth, speed, untraceability, the availability to State as well as Non-State sponsored agents, their defiance of traditional borders, and an unprecedented potential for destruction, all of which have played a major role in making obsolescent traditional legal norms relied upon for the effective regulation of the use of force. It follows from the above that no defence system can be effectively regulated, especially one as new and unconventional as Information Warfare, unless all its specific aspects are explored as deeply as possible.The best means to achieve such a purpose have been deemed to be through the inclusion as well as the careful analysis of as many real life examples of Information Warfare operations as possible in order to illustrate the special nature of Information Warfare and its various individual features. The examples compiled for inclusion have been selected not on the basis of being the most recent, but on the basis of their factual background being as fully known as possible. Consequently, this book has been constructed around the concept of legality, starting with a section outlining currently existing legal norms of individual self-defense, then applying those norms to Information Warfare Operations including a presentation of existing international legal instruments with provisions applicable to Information Warfare which could serve as additional essential guidelines for a future legal framework specifically crafted to regulate the use of force in cyberspace. Last but not least this book sets a paradigm with regard to Cyberwarfare as well as with other methods of warfare which escape the boundaries of the traditional State monopoly of the use of force.It ultimately shows the extent to which traditional legal thinking, which is shaped around the premise of regulating typical forms of State forcible action, when faced with such methods of warfare is totally obsolete.


Cyber Operations and the Use of Force in International Law

Cyber Operations and the Use of Force in International Law

Cyber Operations and the Use of Force in International Law

Author: Marco Roscini

Publisher: OUP Oxford

Isbn 10: 0191652814

Category: Law

Number of Pages: 402

Number of Views: 398

DOWNLOAD

The internet has changed the rules of many industries, and war is no exception. But can a computer virus be classed as an act of war? Does a Denial of Service attack count as an armed attack? And does a state have a right to self-defence when cyber attacked? With the range and sophistication of cyber attacks against states showing a dramatic increase in recent times, this book investigates the traditional concepts of 'use of force', 'armed attack', and 'armed conflict' and asks whether existing laws created for analogue technologies can be applied to new digital developments. The book provides a comprehensive analysis of primary documents and surrounding literature, to investigate whether and how existing rules on the use of force in international law apply to a relatively new phenomenon such as cyberspace operations. It assesses the rules of jus ad bellum and jus in bello, whether based on treaty or custom, and analyses why each rule applies or does not apply to cyber operations. Those rules which can be seen to apply are then discussed in the context of each specific type of cyber operation. The book addresses the key questions of whether a cyber operation amounts to the use of force and, if so, whether the victim state can exercise its right of self-defence; whether cyber operations trigger the application of international humanitarian law when they are not accompanied by traditional hostilities; what rules must be followed in the conduct of cyber hostilities; how neutrality is affected by cyber operations; whether those conducting cyber operations are combatants, civilians, or civilians taking direct part in hostilities. The book is essential reading for everyone wanting a better understanding of how international law regulates cyber combat.


Self-Defense in International Relations

Self-Defense in International Relations

Self-Defense in International Relations

Author: R. Anand

Publisher: Springer

Isbn 10: 0230245749

Category: Political Science

Number of Pages: 191

Number of Views: 757

DOWNLOAD

The right to individual and collective self-defense in international law and politics has always been a controversial issue. Using the example of how the US employs self-defense against Iraq, this book uncovers new dimensions, which lead to innovative and practical strategies and analysis.


The Ethics of Self-Defense

The Ethics of Self-Defense

The Ethics of Self-Defense

Author: Christian Coons,Michael Weber

Publisher: Oxford University Press

Isbn 10: 0190206101

Category: Philosophy

Number of Pages: 304

Number of Views: 397

DOWNLOAD

The fifteen new essays collected in this volume address questions concerning the ethics of self-defense, most centrally when and to what extent the use of defensive force, especially lethal force, can be justified. Scholarly interest in this topic reflects public concern stemming from controversial cases of the use of force by police, and military force exercised in the name of defending against transnational terrorism. The contributors pay special attention to determining when a threat is liable to defensive harm, though doubts about this emphasis are also raised. The legitimacy of so-called "stand your ground" policies and laws is also addressed. This volume will be of great interest to readers in moral, political, and legal philosophy.


The Morality of Self-defense and Military Action: The Judeo-Christian Tradition

The Morality of Self-defense and Military Action: The Judeo-Christian Tradition

The Morality of Self-defense and Military Action: The Judeo-Christian Tradition

Author: David B. Kopel

Publisher: ABC-CLIO

Isbn 10: 1440832781

Category: Religion

Number of Pages: 471

Number of Views: 1258

DOWNLOAD

Shedding new light on a controversial and intriguing issue, this book will reshape the debate on how the Judeo-Christian tradition views the morality of personal and national self-defense. • Takes a multidisciplinary approach, directly engaging with leading writers on both sides of the issue • Examines Jewish and Christian sacred writings and commentary and explores how interpretations have changed over time • Offers careful analysis of topics such as the political systems of the ancient Hebrews, the Papacy's struggle for independence, the ways in which New England ministers incited the American Revolution, and the effects of the Vietnam War on the American Catholic church's views on national self-defense • Covers the many sects that have played crucial roles in the debate over the legitimacy of armed force, including Gnostics, Manicheans, Lutherans, Calvinists, and Quakers • Engages with the ideas of leading Jewish philosophers such as Rashi and Maimonides; Christian philosophers such as Origen, Augustine, Aquinas, and Sidney; and the most influential modern exponents of pacifism, such as Dorothy Day, the Berrigan Brothers, and John Howard Yoder


Human Rights and Personal Self-Defense in International Law

Human Rights and Personal Self-Defense in International Law

Human Rights and Personal Self-Defense in International Law

Author: Jan Arno Hessbruegge

Publisher: Oxford University Press

Isbn 10: 0190655038

Category: Law

Number of Pages: 304

Number of Views: 1015

DOWNLOAD

While an abundance of literature covers the right of states to defend themselves against external aggression, this is the first book dedicated to the right to personal self-defense in international law. Drawing on his extensive experience as a human rights practitioner and scholar, Dr. Hessbruegge sets out in careful detail the strict requirements that human rights impose on defensive force by law enforcement authorities, especially police killings in self-defense. The book also discusses the exceptional application of the right to personal self-defense in military-led operations, notably to contain violent civilians who do not directly participate in hostilities. Human rights also establish parameters on how broad or narrow the laws can be drawn on self-defense between private persons. Setting out the prevailing international standards, the book critically examines the ongoing trend to excessively broaden self-defense laws. It also refutes the claim that there is a human right to possess firearms for self-defense purposes. In extraordinary circumstances, the right to personal self-defence sharpens human rights and allows people to defend themselves against the state. Here the author establishes that international law gives individuals the right to forcibly resist human rights violations that pose a serious risk of significant and irreparable harm. At the same time, he calls into question prevailing state practice, which fails to recognize any collective right to organized armed resistance even when it constitutes the last resort to defend against genocide or other mass atrocities.


Why Not Preempt?

Why Not Preempt?

Why Not Preempt?

Author: Rachel Bzostek

Publisher: Routledge

Isbn 10: 1134765681

Category: Political Science

Number of Pages: 266

Number of Views: 1451

DOWNLOAD

Anticipatory military activities, which include both preemptive and preventive military actions, are at the centre of American strategic doctrine - however, states rarely use these activities. Rachel Bzostek puts forward an integrated analysis to help understand why states have or have not undertaken such activities in the past. By exploring what kinds of strategic or structural elements compel states or leaders to take anticipatory military action, as well as how these concepts are viewed in both international law and the just war tradition, this book uses case studies to examine those elements that have played an influential role in the decision-making process. Ideal as a course reader for upper division undergraduate and graduates in security studies, international law, US foreign policy and those involved in the teaching and training of the military.


Self-Defense

Self-Defense

Self-Defense

Author: Jonathan Kellerman

Publisher: Ballantine Books

Isbn 10: 0345463722

Category: Fiction

Number of Pages: 528

Number of Views: 1256

DOWNLOAD

NEW YORK TIMES BESTSELLER Dr. Alex Delaware doesn’t see many private patients anymore, but the young woman called Lucy is an exception. So is her dream. Lucy Lowell is referred to Alex by Los Angeles police detective Milo Sturgis. A juror at the agonizing trial of a serial killer, Lucy survived the trauma only to be tormented by a recurring nightmare: a young child in the forest at night, watching a strange and furtive act. “Exciting . . . loaded with tension and packed with titillating insights.”—The New York Times Book Review Now Lucy’s dream is starting to disrupt her waking life, and Alex is concerned. The power of the dream, its grip on Lucy’s emotions, suggests to him that it may be more than a nightmare. It may be the repressed childhood memory of something very real. Something like murder.


U.S. Military Operations

U.S. Military Operations

U.S. Military Operations

Author: Geoffrey S. Corn,Rachel E. VanLandingham,Shane R. Reeves

Publisher: Oxford University Press

Isbn 10: 0199363188

Category: Law

Number of Pages: 504

Number of Views: 1655

DOWNLOAD

In U.S. Military Operations: Law, Policy, and Practice, a distinguished group of military experts comprehensively analyze how the law is applied during military operations on and off the battlefield. Subject matter experts offer a unique insiders perspective on how the law is actually implemented in a wide swath of military activities, such as how the law of war applies in the context of multi-state coalition forces, and whether non-governmental organizations involved in quasi-military operations are subject to the same law. The book goes on to consider whether U.S. Constitutional 4th Amendment protections apply to the military's cyber-defense measures, how the law guides targeting decisions, and whether United Nations mandates constitute binding rules of international humanitarian law. Other areas of focus include how the United States interacts with the International Committee of the Red Cross regarding its international legal obligations, and how courts should approach civil claims based on war-related torts. This book also answers questions regarding how the law of armed conflict applies to such extra-conflict acts as intercepting pirates and providing humanitarian relief to civilians in occupied territory.


The Gamble of War

The Gamble of War

The Gamble of War

Author: A. Colonomos

Publisher: Springer

Isbn 10: 113701895X

Category: Political Science

Number of Pages: 277

Number of Views: 1698

DOWNLOAD

This book analyzes the justification of preventive war in contemporary asymmetrical international relations. It focuses on the most crucial aspect of prevention: uncertainty. It builds a new framework where the role of luck—whether military, political, moral, or normative—is a corrective to the traditional approaches of the just war tradition.


Pacifism

Pacifism

Pacifism

Author: Robert L. Holmes

Publisher: Bloomsbury Publishing

Isbn 10: 1474279813

Category: Philosophy

Number of Pages: 368

Number of Views: 1373

DOWNLOAD

In a world riven with conflict, violence and war, this book proposes a philosophical defense of pacifism. It argues that there is a moral presumption against war and unless that presumption is defeated, war is unjustified. Leading philosopher of non-violence Robert Holmes contends that neither just war theory nor the rationales for recent wars (Vietnam, the Gulf War, the Iraq and Afghanistan Wars) defeat that presumption, hence that war in the modern world is morally unjustified. A detailed, comprehensive and elegantly argued text which guides both students and scholars through the main debates (Just War Theory and double effect to name a few) clearly but without oversimplifying the complexities of the issues or historical examples.