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APPLICATIONS AND ALTERATIONS OF THE NOTION OF SELF-DEFENCE

NCJ Number
20597
Journal
REVUE INTERNATIONALE DE CRIMINOLOGIE ET POLICE TECHNIQUE Dated: (APRIL-JUNE 1976) Pages: 129-152
Author(s)
J VERHAEGEN
Date Published
1976
Length
24 pages
Annotation
THIS PAPER ANALYZES THE JUSTIFICATION FOR SELF-DEFENSE, THE WIDESPREAD ACCEPTANCE OF ITS OPEN-ENDED NATURE, AND THE GENERALIZATION OF ITS JUSTIFICATION TO ENCOMPASS THE MOST SERIOUS CRIMINAL ACTS.
Abstract
CONSIDERED ARE THE BASIC MISUSE OF THE JUSTIFICATION OF SELF-DEFENSE IN INTERNATIONAL AFFAIRS AND THE TENDENCY IN DOMESTIC LAW TO HAVE IT SERVE AS A SANCTION FOR THE PROTECTION OF RIGHTS RELATED TO THE PERSON, PROPERTY, AND THE INVIOLABILITY OF THE HOME. THE RIGHTS OF THE ORIGINAL AGGRESSOR IN SELF-DEFENSE SITUATIONS ARE ALSO DISCUSSED. IN ADDITION, IT IS SUGGESTED THAT THE FREQUENT REFUSAL TO PLACE GUILT (ABSENT PREMEDITATION OR PRECAUTION) IN MATTERS INVOLVING SELF-DEFENSE, THE EXONERATING EFFECT OF THIS WILLFUL MISREPRESENTATION, AND JURISPRUDENTIAL RESISTANCE TO CERTAIN ABUSES OF POWER ARE UNDULY RESTRICTIVE. --IN FRENCH...ELW

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