Results for ' Self-defence'

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  1. Putative Self-defense And Rules Of Imputation. In Defense Of The Battered Woman.B. Byrd - 1994 - Jahrbuch für Recht Und Ethik 2.
    This article attemps to provide a good defense for battered women who kill their sleeping husbands, particularly in cases where it is judged that she was mistaken in her assumption of the need to exercise self-defense. Proceeding from the distinction between the imputation of an act to an actor and the imputation of blame to an actor for criminally prohibited conduct , the article moves on to a discussion of the relevance of mistakes as to justifying circumstances under the (...)
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  2.  96
    Self-Defense: Rights and Coerced Risk-Acceptance.Samuel C. Wheeler - 1997 - Public Affairs Quarterly 11 (4):431-443.
  3.  14
    The Paradox of Self-Defense: Saving Oneself by Harming Another.Whitley R. P. Kaufman - 2009 - Lexington Books.
    Introduction -- The principles of self-defense -- The leading theories of self-defense -- The doctrine of double effect -- Double effect and common sense morality -- Can double effect justify self-defense? -- Conclusion: Justifying self-defense.
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  4.  8
    Spiritual Self-Defense Practices in the "Bendung" Silat Start for Learners at the Mahaputra Pencak Silat Padepokan.Yuliawan Kasmahidayat, Ria Sabaria, Saian Badaruddin, Fitri Kurniati & Agus Sudirman - forthcoming - Evolutionary Studies in Imaginative Culture:168-176.
    This article discusses the origins, spiritual aspects, and development of Mahaputra Pencak Silat in Cintaraja village, Singaparna subdistrict. The main focus includes analysis of martial arts training which teaches how learners control their desires and impulses, as well as emphasizing the importance of self-defense in the life of a soldier. The research method was evaluated based on a historical and sociological approach where the discussion of the object was based on society and related to existing facts in Cintaraja village (...)
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  5.  98
    Self-Defense, Punishing Unjust Combatants and Justice in War.Steve Viner - 2010 - Criminal Law and Philosophy 4 (3):297-319.
    Some contemporary Just War theorists, like Jeff McMahan, have recently built upon an individual right of self-defense to articulate moral rules of war that are at odds with commonly accepted views. For instance, they argue that in principle combatants who fight on the unjust side ought to be liable to punishment on that basis alone. Also, they reject the conclusion that combatants fighting on both sides are morally equal. In this paper, I argue that these theorists overextend their (...)-defense analysis when it comes to the punishment of unjust combatants, and I show how in an important sense just and unjust combatants are morally equal. I contend that the individualistic and quid pro quo perspective of the self-defense analysis fails to consider properly how the international community, morally speaking, ought to treat combatants, and I set forth four elements of justice applicable to war, which, together, support the conclusion that in principle the international community should not take on the activity of punishing combatants solely for fighting on the unjust side. (shrink)
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  6. Collective self-defense under a revised un charter.Walter Sg Kohn - forthcoming - Social Research: An International Quarterly.
     
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  7. (1 other version)Self-defense : the imminence requirement.Marcia Baron - 2011 - In Leslie Green & Brian Leiter (eds.), Oxford Studies in Philosophy of Law. New York: Oxford University Press.
     
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  8.  29
    Self-defense: a philosophy of violence.Elsa Dorlin - 2022 - Brooklyn: Verso. Edited by Kieran Aarons.
    Philosopher Elsa Dorlin looks across the global history of the left to trace the politics, philosophy, and ethics of self defense.
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  9.  42
    Self-Defense, Deterrence, and the Use Objection: A Comment on Victor Tadros’s Wrongs and Crimes.Derk Pereboom - 2019 - Criminal Law and Philosophy 13 (3):439-454.
    In Wrongs and Crimes, Victor Tadros argues that wrongdoers acquire special duties to those they’ve wronged, and from there he generates wrongdoers’ duties to contribute to general deterrence by being punished. In support, he contends that my manipulation argument against compatibilism fails to show that causal determination is incompatible with the proposed duties wrongdoers owe to those they’ve wronged. I respond that I did not intend my manipulation argument to rule out a sense of moral responsibility that features such duties, (...)
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  10. Self-defense.Judith Jarvis Thomson - 1991 - Philosophy and Public Affairs 20 (4):283-310.
    But what if in order to save 0nc’s life one has to ki]1 another person? In some cases that is obviously permissible. In a case I will call Villainous Aggrcssor, you are standing in :1 meadow, innocently minding your own business, and 21 truck suddenly heads toward you. You try to sidestep the truck, but it tums as you tum. Now you can sec the driver: he is a mam you know has long hated you. What to do? You cannot (...)
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  11.  92
    Self-Defense, Punishment and Forfeiture.David Alm - 2013 - Criminal Justice Ethics 32 (2):91-107.
    According to the self-defense view, the moral justification of punishment is derived from the moral justification of an earlier threat of punishment for an offense. According to the forfeiture view, criminals can justly be punished because they have forfeited certain rights in virtue of their crimes. The paper defends three theses about these two views. (1) The self-defense view is false because the right to threaten retaliation is not independent of the right to carry out that threat. (2) (...)
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  12. Self-defense, innocent aggressors, and the duty of martyrdom.Whitley Kaufman - 2010 - Pacific Philosophical Quarterly 91 (1):78-96.
    On the traditional doctrine of self-defense, defensive force is permissible not only against Culpable Aggressors but against Innocent Aggressors as well (for example, psychotic aggressors). Some moral philosophers have recently challenged this view, arguing that one may not harm innocent attackers because morality requires culpability as an essential condition of being liable to defensive force. This essay examines and rejects this challenge as both a violation of common sense and as insufficiently grounded in convincing reasons from moral theory.
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  13.  87
    Self Defense.Terrance Tomkow - manuscript
    If there are rights there is surely a right to self-defense. But self-defense has proved very puzzling to rights theorists. The central puzzle has been called the "paradox of self-defense": If our right not to be harmed gives rise to our right to fight back, what happens to the attacker's right not to be harmed when the defender fights back? If the attacker somehow forfeits his right to self-defense because he is a bad actor, what do (...)
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  14. Self-Defense, Necessity, and Punishment: A Philosophical Analysis.Uwe Steinhoff - 2019 - London and New York: Routledge.
    This book offers a philosophical analysis of the moral and legal justifications for the use of force. While the book focuses on the ethics self-defense, it also explores its relation to lesser evil justifications, public authority, the justification of punishment, and the ethics of war. Steinhoff’s account of the moral use of force covers a wide range of topics, including the nature of justification in general, the precise elements of different justifications, the logic of claim- and liberty-rights and of (...)
  15.  9
    Self-Defense Against Conditional Threats.Luciano Venezia & Eduardo Rivera-López - forthcoming - The Journal of Ethics:1-21.
    The aim of this paper is twofold. First, we argue that killing a Conditional Threat usually involves an unnecessary act of self-defense, so killing this aggressor is usually morally impermissible. We defend this thesis by showing that this case is fundamentally similar to a case involving an Unconditional Threat in which the victim can flee to safety although this involves incurring a minor cost. Second, we analyze the thresholds of maximal harm that victims are required to bear before they (...)
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  16. Self-defense and the problem of the innocent attacker.Jeff McMahan - 1994 - Ethics 104 (2):252-290.
    Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at http://www.jstor.org/about/terms.html. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use.
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  17.  42
    Against Self-Defense.Blake Hereth - 2017 - Social Theory and Practice 43 (3):613-635.
    The ethics of self-defense is dominated by the Orthodox View, which claims that at least some cases of self-defensive assault are permissible. I defend the radical view that there are no permissible instances of self-defensive assault. My argument proceeds as follows: Every permissible act of self-defensive assault could, in principle, have its permissibility be massively overdetermined. Such ‘super-permissible’ acts of assault are ones in which agents are objectively permitted to perform those acts in morally trivializing or (...)
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  18.  56
    The Indefensible Self-Defense Argument.Howard Hewitt - 2022 - Journal of Ethics and Social Philosophy 21 (2).
    The self-defense argument maintains that, even if a fetus is a person, abortion on demand is morally permissible on the grounds that the fetus is using his mother’s body in an intimate way, and, in an unwanted pregnancy, without her ongoing consent. According to the argument, this sort of use justifies lethal self-defense on the part of the mother against her unwanted fetus. I produce a counterexample to one of the premises of this argument and show that it (...)
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  19.  72
    Self-defense: Deflecting Deflationary and Eliminativist Critiques of the Sense of Ownership.Shaun Gallagher - 2017 - Frontiers in Psychology 8.
  20. Self-Defense as Claim Right, Liberty, and Act-Specific Agent-Relative Prerogative.Uwe Steinhoff - 2016 - Law and Philosophy 35 (2):193-209.
    This paper is not so much concerned with the question under which circumstances self-defense is justified, but rather with other normative features of self-defense as well as with the source of the self-defense justification. I will argue that the aggressor’s rights-forfeiture alone – and hence the liberty-right of the defender to defend himself – cannot explain the intuitively obvious fact that a prohibition on self-defense would wrong victims of attack. This can only be explained by conceiving (...)
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  21.  69
    Self‐defense, claim‐rights, and guns.Chetan Cetty - 2024 - The Philosphical Forum 55 (1):27-46.
    The right to self‐defense has played a major role in objections to gun regulation. Many contend that gun regulations threaten this right. While much philosophical discussion has focused on the relation between guns and this right, less attention has been paid to the argument for the right of self‐defense itself. In this article, I examine this argument. Gunrights defenders contend that the right of self‐defense is needed to explain why interferences in self‐defense are wrong. I propose (...)
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  22. Killing, self-defense, and bad luck.Richard B. Miller - 2009 - Journal of Religious Ethics 37 (1):131-158.
    This essay argues on behalf of a hybrid theory for an ethics of self-defense understood as the Forfeiture-Partiality Theory. The theory weds the idea that a malicious attacker forfeits the right to life to the idea that we are permitted to prefer one's life to another's in cases of involuntary harm or threat. The theory is meant to capture our intuitions both about instances in which we can draw a moral asymmetry between attacker and victim and cases in which (...)
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  23.  66
    Self-Defense, Forfeiture and Necessity.David Alm - 2019 - Philosophical Papers 48 (3):335-358.
    The thesis of this paper is that it is possible to explain why a culpable aggressor forfeits his right not to suffer the harm necessary to prevent his aggression if a killer forfeits his right to life. I argue that this strategy accounts also for the necessity restriction on self-defense. I respond to several objections, including the worry that it makes no sense to attempt a derivation of the relatively uncontroversial from the highly controversial.
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  24. War and self-defense.David Rodin - 2004 - Ethics and International Affairs 18 (1):63–68.
    When is it right to go to war? The most persuasive answer to this question has always been 'in self-defense'. In a penetrating new analysis, bringing together moral philosophy, political science, and law, David Rodin shows what's wrong with this answer. He proposes a comprehensive new theory of the right of self-defense which resolves many of the perplexing questions that have dogged both jurists and moral philosophers. By applying the theory of self-defense to international relations, Rodin produces (...)
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  25.  78
    Self-Defense and Giving Rise to Cost: On Innocent Bystanders, Threats, Obstructors, and Obstacles, and the Permissibility to Harm Them.Gerhard Øverland - 2016 - Criminal Law and Philosophy 10 (4):831-847.
    Philosophers have had trouble defending the common sense view that it is permissible to impose significant cost on an innocent person who is about to harm you to prevent the harm from occurring. In this paper, I argue that such harm can be justified if one pays attention to the moral significance of imposing a cost on others. The constraint against harming people who give rise to cost by their presence or movements is weaker than the constraint against harming bystanders. (...)
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  26.  82
    Self-defense and choosing between lives.Phillip Montague - 1981 - Philosophical Studies 40 (2):207 - 219.
  27. Necessity in Self-Defense and War.Seth Lazar - 2012 - Philosophy and Public Affairs 40 (1):3-44.
    It is generally agreed that using lethal or otherwise serious force in self-defense is justified only when three conditions are satisfied: first, there are some grounds for the defender to give priority to his own interests over those of the attacker (whether because the attacker has lost the protection of his right to life, for example, or because of the defender’s prerogative to prefer himself to others); second, the harm used is proportionate to the threat thereby averted; third, the (...)
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  28.  34
    Self-Defense for Theists.Blake Hereth - 2022 - Journal of Analytic Theology 10:246-276.
    According to Theistic Defensive Incompatibilism, common theistic commitments limit the scope or explanation of permissible self-defense. In this essay, I offer six original arguments for Theistic Defensive Incompatibilism. The first four arguments concern narrow proportionality: the requirement that the defensive harm inflicted on unjust threateners not exceed the harm they threaten. Hellism, Annihilationism, and Danteanism each imply that narrow proportionality is rarely satisfied, whereas Universalism implies that killing never harms. The final two arguments concern wide proportionality, or the requirement (...)
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  29.  10
    Self-Defense as a Justification for War.Peter Gordon Ingram - 1994 - Canadian Journal of Law and Jurisprudence 7 (2):283-296.
    For those who believe in the values of liberalism and democracy the state is under a political obligation to seek the common welfare of its citizens. In furtherance of this domestic duty, it retains among its external rights and powers that right of self-defense which has been assigned to states under other ideologies.
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  30.  53
    The Ethics of Self-Defense.Christian Coons & Michael Weber (eds.) - 2016 - New York, NY: Oxford University Press USA.
    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 (...)
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  31. Justifying self-defense.Kimberly Kessler Ferzan - 2005 - Law and Philosophy 24 (6):711-749.
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  32.  24
    The feminist self-defense movement:: A case study.Ronald J. Berger & Patricia Searles - 1987 - Gender and Society 1 (1):61-84.
    This article discusses feminist self-defense as a victim-prevention strategy, describes the nature and scope of the self-defense movement, examines a case history of a women's self-defense organization, and analyzes the mobilization and organizational dilemmas that confronted that organization. We compare self-defense services with victim services to help explain the development of the women's self-defense movement, and in particular, its feminist component.
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  33. Innocence, self-defense and killing in war.Jeff McMahan - 1994 - Journal of Political Philosophy 2 (3):193–221.
  34. Self-Defense and Rights.Judith Jarvis Thomson - unknown
    This is the text of The Lindley Lecture for 1976, given by Judith Jarvis Thomson, an American philosopher.
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  35. Proportionality and Self-Defense.Suzanne Uniacke - 2011 - Law and Philosophy 30 (3):253-272.
    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 (...)
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  36. Pluralism and Self-Defense.Nancy L. Rosenblum - 1989 - In Liberalism and the Moral Life. Harvard University Press. pp. 207--26.
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  37.  33
    Democratic self‐defense and public sphere institutions.Ludvig Norman & Ludvig Beckman - 2024 - Constellations 31 (4):580-594.
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  38. What Is Self-Defense?Uwe Steinhoff - 2015 - Public Affairs Quarterly 29 (4):385-402.
    In this paper, I will provide a conceptual analysis of the term self-defense and argue that in contrast to the widespread “instrumentalist” account of self-defense, self-defense need not be aimed at averting or mitigating an attack, let alone the harm threatened by it. Instead, on the definition offered here, an act token is self-defense if and only if a) it is directed against an ongoing or imminent attack, and b) the actor correctly believes that the act (...)
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  39.  36
    Logical Self-Defense.Ralph Henry Johnson & J. Anthony Blair - 1977 - Toronto, Canada: Mcgraw-Hill.
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  40. (1 other version)Self-defense and the killing of noncombatants: A reply to Fullinwider.Lawrence A. Alexander - 1976 - Philosophy and Public Affairs 5 (4):408-415.
  41. Animal rights and self-defense theory.John Hadley - 2009 - Journal of Value Inquiry 43 (2):165-177.
    In this paper I bring together self-defense theory and animal rights theory. The extension of self-defense theory to animals poses a serious problem for proponents of animal rights. If, in line with orthodox self-defense theory, a person is a legitimate target for third-party self-defensive violence if they are responsible for a morally unjustified harm without an acceptable excuse; and if, in line with animal rights theory, people that consume animal products are responsible for unjustified harm to (...)
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  42. Self-Defense and the Necessity Condition.Uwe Steinhoff - manuscript
    Rights forfeiture or liability are not a path to the permissibility of self-defense (not even barring extraordinary circumstances), and the necessity condition is not intrinsic to justified self-defense. Rather, necessity in the context of justification must be distinguished from necessity in the context of rights forfeiture. While innocent aggressors only forfeit their right against necessary self-defense, culpable aggressors also forfeit, on grounds of a principle of reciprocity, certain rights against unnecessary self-defense. Yet, while culpable aggressors would (...)
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  43.  13
    Using Antipsychotics for Self-Defense Purposes by Care Staff in Residential Aged Care Facilities: An Ethical Analysis.Hojjat Soofi - 2022 - Cambridge Quarterly of Healthcare Ethics 31 (4):487 - 495.
    People with dementia at times exhibit threatening and physically aggressive behavior toward care staff in residential aged care facilities (RACFs). Current clinical guidelines recommend judicious use of antipsychotic (AP) medications when there is an immediate risk of harm to care staff in RACFs and non-pharmacological interventions have failed to avert the threats. This article examines an account of how this recommendation can be ethically defensible: caregivers in RACFs may have a prima facie ethical justification, in certain cases, to use APs (...)
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  44. Self-Defense and Imminence.Uwe Steinhoff - manuscript
    This paper argues that there is a significant moral difference between force applied against (imminent) attackers on the one hand and force applied against “threatening” people who are not (imminent) attackers on the other. Given that there is such a difference, one should not blur the lines by using the term “self-defense” (understood as including other-defense) for both uses of force. Rather, only the former is appropriately called self-defense, while for the latter, following German legal terminology, the term (...)
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  45. Contrived self‐defense: A case of permissible wrongdoing.Tsung-Hsing Ho - 2021 - Philosophical Forum 52 (3):211-220.
  46.  43
    The morality of self-defense: A reply to Wasserman.Phillip Montague - 1989 - Philosophy and Public Affairs 18 (1):81-89.
  47.  44
    War and Self-Defense: Some Reflections on the War on Gaza.Raef Zreik - 2024 - Analyse & Kritik 46 (1):191-213.
    This paper reflects on the current war on Gaza in 2024 that followed the Hamas attack on October 7th 2023, reading the events is a wider historical context. The paper has three main parts. In the first part, the paper argues against the fragmentation of the question of Palestine historically and geographically, arguing instead for the importance of the overall context of the conflict. The second part considers the issue of Palestinian resistance. How can the Palestinians resist occupation? This part (...)
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  48.  96
    Self-defense and culpability.Jeff McMahan - 2005 - Law and Philosophy 24 (6):751-774.
    Moral agents sometimes have to act on the basis of beliefs that are reasonable in the context but are in fact false. In these circumstances, agents often act in ways that would be right if their beliefs were true but that they would recognize as wrong if they could see that their beliefs were false. Sometimes our tendency is to think that what these agents do is justified – for example, in the case discussed by Ferzan in which one person, (...)
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  49. Self-defense, punishment, and proportionality.Larry Alexander - 1991 - Law and Philosophy 10 (3):323 - 328.
  50.  35
    The Nature of Self-Defense.Samuel C. Rickless - 2018 - San Diego Law Review 56:339-355.
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