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Self-defense : the imminence requirement

In Leslie Green & Brian Leiter (eds.), Oxford Studies in Philosophy of Law. New York: Oxford University Press (2011)

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  1. A New Societal Self-Defense Theory of Punishment—The Rights-Protection Theory.Hsin-Wen Lee - 2018 - Philosophia 46 (2):337-353.
    In this paper, I propose a new self-defense theory of punishment, the rights-protection theory. By appealing to the interest theory of right, I show that what we call “the right of self-defense” is actually composed of the right to protect our basic rights. The right of self-defense is not a single, self-standing right but a group of derivative rights justified by their contribution to the protection of the core, basic rights. Thus, these rights of self-defense are both justified and constrained (...)
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  • Death Penalty Abolition, the Right to Life, and Necessity.Ben Jones - 2023 - Human Rights Review 24 (1):77-95.
    One prominent argument in international law and religious thought for abolishing capital punishment is that it violates individuals’ right to life. Notably, this _right-to-life argument_ emerged from normative and legal frameworks that recognize deadly force against aggressors as justified when necessary to stop their unjust threat of grave harm. Can capital punishment be necessary in this sense—and thus justified defensive killing? If so, the right-to-life argument would have to admit certain exceptions where executions are justified. Drawing on work by Hugo (...)
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  • Moral Excuse to the Pacifist's Rescue.Blake Hereth - 2023 - Journal of Pacifism and Nonviolence:1-32.
    Pacifism is the view that necessarily, the nonconsensual harming of pro tanto rights-bearers is all-things-considered morally impermissible. Critics of pacifism frequently point to common moral intuitions about self-defenders and other-defenders as evidence that pacifism is false and that self- and other-defense are often morally justified. I call this the Justification View and defend its rival, the Excuse View. According to the latter, a robust view of moral excuse adequately explains the common moral intuitions invoked against pacifism and is compatible with (...)
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  • Moral sequencing and intervening to prevent harm.Benjamin David Costello - 2019 - Dissertation, University of Birmingham
    This thesis will utilise the literature on the distinction between doing harm and allowing harm to develop a novel system of moral sequencing that can be applied to general moral problems to decide if, when, and how an agent should intervene to prevent harm from occurring to another agent. Off the back of this discussion, this thesis will offer a way of determining the responsibility of certain agents for their actions within a moral sequence. These motivations will be at the (...)
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