A Critical Enquiry Concerning the Right-based Theory for Justifying Self-defense Leading to Murder

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Rahnavard Vaghef Mehrdad; Nazarinejad Mohammadreza

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Journal Paper

Paper Information

Journal: JOURNAL OF LEGAL RESEARCH Year:2020 | Volume:19 | Issue:43 Page(s): 317-348

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Information Journal Paper

Title

A Critical Enquiry Concerning the Right-based Theory for Justifying Self-defense Leading to Murder

Author(s)

Rahnavard Vaghef Mehrdad | Nazarinejad Mohammadreza | Issue Writer Certificate

Keywords

self-defense

The Right-based Theory

Right to not be Killed

Proportionality

necessity

Abstract

One of the significant theories for justifying self-defense that leads to the death of the aggressor is The Right-based Theory which has been put forward by the contemporary moral philosopher Judith Jarvis Thomson. According to this theory, the central core of the morality and justifiability of self-defense leading to death is that by perpetrating the unjustified deed, the aggressor loses the right not to be killed by others, so the defender can defend himself without violating any rights of the aggressor. One of the main objections that can be raised against this theory is that if the aggressor loses his right not to be killed by attacking the victim/ defender, how can the defender be bound by the constraints of necessity and Proportionality in his defense? The proponents of this theory have not been able to give a satisfactory answer to this objection,due to this and some other objections that have been raised against this theory, it cannot be considered a comprehensive theory for justifying self-defense.

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APA: Copy

Rahnavard Vaghef, Mehrdad, & Nazarinejad, Mohammadreza. (2020). A Critical Enquiry Concerning the Right-based Theory for Justifying Self-defense Leading to Murder. JOURNAL OF LEGAL RESEARCH, 19(43 ), 317-348. SID. https://sid.ir/paper/1008559/en

Vancouver: Copy

Rahnavard Vaghef Mehrdad, Nazarinejad Mohammadreza. A Critical Enquiry Concerning the Right-based Theory for Justifying Self-defense Leading to Murder. JOURNAL OF LEGAL RESEARCH[Internet]. 2020;19(43 ):317-348. Available from: https://sid.ir/paper/1008559/en

IEEE: Copy

Mehrdad Rahnavard Vaghef, and Mohammadreza Nazarinejad, “A Critical Enquiry Concerning the Right-based Theory for Justifying Self-defense Leading to Murder,” JOURNAL OF LEGAL RESEARCH, vol. 19, no. 43 , pp. 317–348, 2020, [Online]. Available: https://sid.ir/paper/1008559/en

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