Abstract

http://ssrn.com/abstract=1924513
 


 



Self-Defense


Larry Alexander


University of San Diego School of Law


THE ROUTLEDGE COMPANION TO PHILOSOPHY OF LAW, Andrei Marmor, ed., Routledge Philosophy Companions, Forthcoming
San Diego Legal Studies Paper No. 11-065

Abstract:     
In this encyclopedia entry, I set forth all of the factors that a complete theory of self-defense must consider. On some of those factors, I have and express an opinion. On others, I leave matters unresolved. What is most significant, however, is that self-defense is preemptive: it occurs before the anticipated act to which it is a response. Yet, almost none of the extant voluminous literature on self-defense addresses the epistemological standards that should govern preemptive responses, standards regarding the probability of the anticipated act and its consequences and whether the actor is culpable or nonculpable.

Number of Pages in PDF File: 31

Keywords: self-defense, culpable aggressor, innocent aggressor, retreat, proportionality

JEL Classification: K10

Accepted Paper Series





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Date posted: September 8, 2011  

Suggested Citation

Alexander, Larry, Self-Defense. THE ROUTLEDGE COMPANION TO PHILOSOPHY OF LAW, Andrei Marmor, ed., Routledge Philosophy Companions, Forthcoming; San Diego Legal Studies Paper No. 11-065. Available at SSRN: http://ssrn.com/abstract=1924513

Contact Information

Lawrence Alexander (Contact Author)
University of San Diego School of Law ( email )
5998 Alcala Park
San Diego, CA 92110-2492
United States
619-260-2317 (Phone)
619-260-4728 (Fax)
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