In Christian Coons & Michael Weber (eds.),
The Ethics of Self-Defense. New York, NY: Oxford University Press USA (
2016)
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Abstract
This chapter develops an account of enforcement rights against nonculpable intruders, and extends it to include rights against culpable violators. It extends the discussion to include enforcement rights to defend others. The extended account holds that an agent has an enforcement right to intrude against another if the defensive intrusion suitably reduces nonjust intrusion-harm to the agent or others, is no more harmful to the other than necessary to achieve the reduction, and imposes intrusion-harm on the other that is proportionate in a specified manner to the reduction achieved. The crux of the theory comes from the proportionality conditions, which are sensitive to whether the individual will be intruding upon rights, the degree of responsibility for intrusion-harm, and the degree of culpability.