RESPECT FOR LIFE AND REGARD FOR RIGHTS IN THE CRIMINAL LAW

• NCJ Number: 35302
• Journal: California Law Review Volume: 64 Issue: 4 Dated: (JULY 1976) Pages: 871-901
• Author(s): S H Kadish
• Date Published: 1976
• Length: 31 pages
• Corporate Author: University of California
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

ESSAY EXPLORING THE UNDERLYING PRINCIPLES THAT EXPLAIN THE PATTERN OF RULES OF THE CRIMINAL LAW GOVERNING WHEN THE TAKING OF A LIFE IS JUSTIFIED.

Abstract

FINDING NEITHER 'THE SANCTITY OF LIFE' NOR ANY OTHER SINGLE GENERAL PRINCIPLE SUFFICIENT, THE AUTHOR LOOKS MORE PARTICULARLY FOR NARROWER PRINCIPLES IDENTIFIABLE IN DISCREET CATEGORIES OF RULES; SPECIFICALLY THOSE GOVERNING INTENTIONAL KILLINGS OF AGGRESSORS, INTENTIONAL KILLINGS OF BYSTANDERS, OMISSIONS AND UNINTENDED KILLINGS. HE IDENTIFIES A NUMBER OF PRINCIPLES AND POLICIES, SEVERAL IN ACUTE TENSION AND CONFLICT, INCLUDING THE RIGHT TO RESIST AGGRESSION, THE PRINCIPLES OF AUTONOMY AND PROPORTIONALITY AND THE CALCULUS OF SOCIAL ADVANTAGE. HE CONCLUDES BY ILLUSTRATING HOW THESE PRINCIPLES BEAR ON SOME OF THE MORE CONTROVERSIAL QUESTIONS OF LIFE AND DEATH CONFRONTING THE CRIMINAL LAW TODAY. (AUTHOR ABSTRACT MODIFIED)