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
• Corporate Author: Editions Medicine et Hygiene
• Publication Format: Article
• Language: French
• Country: Sweden

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