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Criminal Law Conversations$
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Paul H. Robinson, Stephen Garvey, and Kimberly Kessler Ferzan

Print publication date: 2011

Print ISBN-13: 9780199861279

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:osobl/9780199861279.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 26 September 2021

Self-Defense Against Morally Innocent Threats

Self-Defense Against Morally Innocent Threats

Chapter:
(p.384) (p.385) 18. Self-Defense Against Morally Innocent Threats
Source:
Criminal Law Conversations
Author(s):

Jeff Mcmahan

Publisher:
Oxford University Press
DOI:10.1093/acprof:osobl/9780199861279.003.0018

This chapter presents an authoritative overview of self-defense against morally innocent threats. It first considers two proportionality constraints that govern the morality of self-defense: judgment of “narrow” proportionality and judgment of “wide” proportionality. It then discusses three theories of self-defense: the rights-based account, the culpability account, and the responsibility account. The chapter includes comments by some of the nation's top legal scholars from the field of criminal law, tackling topics such as rights and liabilities, causal responsibility, and moral responsibility as an explanation for self-defense.

Keywords:   self-defense, morally innocent threats, proportionality, morality, culpability, criminal law, causal responsibility, moral responsibility

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