TAILIEUCHUNG - Criminal Law Library Volume 1: Self-Defence in Criminal Law

This book combines a careful philosophical discussion of the rationale justifying self-defence together with detailed discussions of the range of statutory selfdefence requirements, as well as discussions of numerous other relevant issues (ie, putative self-defence, excessive self-defence, earlier guilt, battered women). The book argues that before formulating definitions for each aspect of self-defence (necessity, proportionality, retreat, immediacy, mental element, etc.) it is imperative to determine the proper rationale for self-defence and, only then, to derive the appropriate solutions. The first part of the book therefore contains an in-depth discussion of the rationale for self-defence: why society does not just excuse. | SELF-DEFENCE IN CRIMINAL LAW This book combines a careful philosophical discussion of the rationale justifying self-defence together with detailed discussions of the range of statutory selfdefence requirements as well as discussions of numerous other relevant issues ie putative self-defence excessive self-defence earlier guilt battered women . The book argues that before formulating definitions for each aspect of self-defence necessity proportionality retreat immediacy mental element etc. it is imperative to determine the proper rationale for self-defence and only then to derive the appropriate solutions. The first part of the book therefore contains an in-depth discussion of the rationale for self-defence why society does not just excuse the actor from criminal liability but rather justifies his act. The author critically analyses theories that have been proposed up to the present including the culpability of the aggressor the autonomy of the attacked person protection of the social-legal order balancing interests and choice of the lesser evil etc. points out the weaknesses of each theory and then proposes a new theory that explains the rationale behind the justification of self-defence. The new rationale proposed is that for the full justification of self-defence a balance of interests must be struck that takes into account the expected physical injury to the attacked person in the absence of defensive action vis-a-vis the expected physical injury to the aggressor as a result of defensive action as well as all of the relevant abstract factors which are threefold the autonomy of the attacked person the culpability of the aggressor and the social-legal order. The author demonstrates how ignoring one or more of these factors leads to erroneous results. In the chapters following the book shows that the proposed rationale can be applied to develop convincing solutions for the various questions raised. Volume 1 in the Criminal Law Library series Criminal Law Library .

• Luật học
• CRIMINAL LAW
• Justification
• Resist Aggression
• Proposed Rationale
• American Law
• Human Traps
• Australian Case Law
• Models of criminal liability of artificial intelligence
• Criminal liability of artificial intelligence
• Science fiction to prospect for criminal law and policy in Vietnam
• Criminal law and policy in Vietnam
• Criminal law and policy
• Summary of Law doctoral thesis
• Criminal law and criminal procedure
• Adversarial activities
• First instance trial
• Criminal cases
• International Criminal
• Criminal Enterprise
• Voluntary participation
• criminal purpose
• Mental elements
• The provision of criminal liability exemprion
• The 1999 criminal law code of Vietnam
• Criminal law code
• Face criminal liability
• The fight against crime
• Universal Jurisdiction
• International Crimes
• Criminal Courts
• Prosecuting Corporations
• Criminal Norm
• Criminal Sanction
• Legal Sources
• Mitigating
• Criminal Events
• Criminal punishment
• Constitutional limits
• Criminal liability
• Vicarious liability
• The criminal Act
• Summary of Doctoral thesis in Law
• Summary of Doctoral thesis
• Judicial measures in Vietnamese criminal law
• Vietnamese criminal law
• Practical issues
• Apply criminal law
• Abuse of trust in appropriating property
• The Peoples Court
• Summary of the Doctoral dissertation
• Summary of the Doctoral dissertation in Law
• Legal status of accused persons
• Vietnamese criminal procedure law
• Criminal procedure law
• Human Rights
• Implementation Force
• Law Commission
• Criminal Court
• Political Rights
• Abstract of Doctoral thesis
• Abstract of Doctoral thesis in Jurisprudence
• Evaluating evidence in criminal procedure
• Criminal procedure in Viet Nam
• Dynamic business law
• Business law
• Lecture Dynamic business law
• Legal environment of business
• Business crime
• Criminal Offences
• Measures
• Methodological background
• Criminal Justice
• Response rates
• criminal tribunals
• Hybrid tribunals
• War crimes
• money laundering
• COMMON PEACE
• criminal accusation
• criminal process
• medieval parallels
• reported crimes
• versus Procedure
• Human Action
• Criminal Procedure
• Natural Events
• Indigent Parents
• freedom compromised
• behavioral impairment
• structured nature
• Crimes infringe upon the marriage
• Family law
• Vietnam’s criminal law
• Constitutional Law
• Administrative Law
• Intentional Torts
• Mutual Assent