THE ROUTLEDGE COMPANION TO PHILOSOPHY OF LAW, Andrei Marmor, ed., Routledge Philosophy Companions, Forthcoming
31 Pages Posted: 8 Sep 2011
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.
Keywords: self-defense, culpable aggressor, innocent aggressor, retreat, proportionality
JEL Classification: K10
Suggested Citation: Suggested Citation