Relevant bibliographies by topics / Justifiable defense

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers

Academic literature on the topic 'Justifiable defense'

Author: Grafiati
Published: 4 June 2025
Last updated: 1 August 2025

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Journal articles on the topic "Justifiable defense"

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Huang, Tingting. "Research on the Justifiable Defense System in the Laws of the Tang Dynasty." Journal of Education and Educational Research 5, no. 1 (2023): 159–62. http://dx.doi.org/10.54097/jeer.v5i1.11948.

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As the most common deterrent reason for breaking the law, justifiable defense has extremely important social value and significance. Our country's justifiable defense system is often mistaken as a completely imported product. However, this important deterrent reason for illegality has appeared as early as in the ancient history of our country. As the most complete and earliest ancient Chinese legal code preserved, "Tang Law Shuyi" also contains many elements of "justifiable self-defense". The study of the justifiable defense system in the Tang Dynasty can give important reference significance
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Garbatovich, Denis A. "Problems of Qualification of Justifiable Defense." Court administrator 2 (June 8, 2023): 22–25. http://dx.doi.org/10.18572/2072-3636-2023-2-22-25.

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The article analyzes the problem of the algorithm of qualification of the necessary defense. Examples of erroneous application of the criminal law are shown when, having correctly established the actual circumstances of the case, the courts did not correctly assess: 1) the presence or absence of grounds for the right to necessary defense; 2) the degree and nature of the danger of encroachment; 3) the limits of defense, depending on the nature of the danger of encroachment; 4) the motives of the defending person.
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Pavel, Simashenkov. "The justifiable defense as a conflict of interests: historical experience and new approaches to qualification / НЕОБХОДИМАЯ ОБОРОНА КАК КОНФЛИКТ ИНТЕРЕСОВ: ИСТОРИЧЕСКИЙ ОПЫТ И НОВЫЕ ПОДХОДЫ К КВАЛИФИКАЦИИ". Научно-методический электронный журнал "Концепт" 6, № 2015 (2019): 141–45. https://doi.org/10.5281/zenodo.3242236.

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The paper analyzes&nbsp; the&nbsp; legal&nbsp; institution&nbsp; of justifiable defense as&nbsp; a&nbsp; conflict&nbsp; of&nbsp; t&nbsp; legally&nbsp; protected interests. Criticizing the definition of defense, the author suggests the original version of the Criminal code, based on the <strong>priority of objective evidence</strong> in the justifiable defense&rsquo;s qualification
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Nikulenko, Andrey V., and Maksim A. Smirnov. "ISSUES OF QUALIFICATION OF EXCEEDING OF JUSTIFIABLE DEFENSE LIMITS." Russian investigator 11 (November 12, 2020): 32–36. http://dx.doi.org/10.18572/1812-3783-2020-11-32-36.

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The article is dedicated to justifiable defense as a circumstance excluding the criminal character of an act pursuant to criminal laws of the Russian Federation. The authors cover some issues concerning the application of provisions stipulated by Article 37 of the Criminal Code of Russia. The research of these provisions allows identifying the advantages and disadvantages of the legal regulation of justifiable defense including the disadvantages of the judicial and investigative practice. The paper criticizes the existing approach and offers ways to solve the indicated problems including by me
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Barsan, Magdalena Maria. "SELF DEFENSE IN THE NEW REGULATION. ELEMENTS OF COMPARED CRIMINAL LAW." Agora International Journal of Juridical Sciences 8, no. 4 (2014): 13–18. http://dx.doi.org/10.15837/aijjs.v8i4.1594.

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Article aims to bring in the most important aspects of self-defense. The paper refers to issues of comparative criminal law regarding self-defense. The second chapter of the new Romanian Criminal Code describes those justifiable causes, certain circumstances which eliminate the second essential trait of crime - the unjustified character. The New Criminal Code chose to divide the causes which eliminate criminal liability in justifiable causes, those causes which make a deed lose its illegal character and non punitive causes, which remove the third essential trait of crime – accountability.
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潘, 豪. "Research on the Distinction between Brawl and Justifiable Defense." Open Journal of Legal Science 11, no. 06 (2023): 6308–12. http://dx.doi.org/10.12677/ojls.2023.116905.

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Kessler Ferzan, Kimberly. "Defending Honor and Beyond: Reconsidering the Relationship between Seemingly Futile Defense and Permissible Harming." Journal of Moral Philosophy 15, no. 6 (2018): 683–705. http://dx.doi.org/10.1163/17455243-46810077.

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In Helen Frowe’s book, Defensive Killing, she argues that some cases of seemingly futile self-defense are actually instances of justifiable defense of the victim’s honor. This paper explores Frowe’s claim, first by isolating the central cases and then by examining her rejection of punitive reasons. From there, the paper examines Frowe’s understanding of “defense of honor,” ultimately suggesting that Frowe’s conception is best construed as action that has expressive, but not defensive, value. From there, I turn to two more general puzzles. First, what if the defender mistakenly believes that sh
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王, 颖. "Identification of the Time Condition of Justifiable Defense in China." Dispute Settlement 08, no. 04 (2022): 1050–56. http://dx.doi.org/10.12677/ds.2022.84142.

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Vlasov, Yuriy A. "Review of Criminal Cases Containing Justifiable Defense Attributes in Jury Trials." Russian judge 2 (February 4, 2021): 17–23. http://dx.doi.org/10.18572/1812-3791-2021-2-17-23.

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In the article deficiencies in the judicially investigation practice during the juridical estimation of the matters about the necessary defense are revealed, the reasons for this phenomenon are analyzed and it is proposed to examine the matters of this category concerning the required participation of the jurors of assessors.
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Voigt, Lydia. "Book Review: Justifiable Homicide: Battered Women, Self-Defense, and the Law." Criminal Justice Review 15, no. 2 (1990): 255–56. http://dx.doi.org/10.1177/073401689001500212.

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Dissertations / Theses on the topic "Justifiable defense"

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Yim, Janine M. "Race, Gender, and Stand Your Ground Laws: An Analysis of Homicide and Justifiable Homicide." Scholarship @ Claremont, 2015. http://scholarship.claremont.edu/scripps_theses/627.

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In 2012, the fatal shooting of Trayvon Martin brought national attention to Florida’s Stand Your Ground (SYG) law. As of 2012, more than 20 states have enacted SYG laws. Previous studies suggest that these laws increase homicide, particularly justifiable homicide. However, these studies ignore race and/or gender. This study seeks to fill this gap in the literature by examining the effect of SYG laws on the number of homicide and justifiable homicide victims and offenders of a given race or gender. Using data from the Federal Bureau of Investigation’s Supplementary Homicide Reports between 2000
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CHAO, SHIH-CHIEH, and 趙仕傑. "A Study on the Different of Justifiable Defense and Unjustifiable Self-Defense—Focusing on Taiwan Judicial Judgement." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/v6ypps.

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碩士<br>國立臺北大學<br>法律學系一般生組<br>107<br>In recent year, there are major events in Taiwan. The people not understand even criticize the court advocate the judgment of justifiable defense case when the result made this matter known to the general public. When there is a gap between the result of judgment and people’s expectation, public opinion will give huge pressure, especially the conclusion of judgment of justifiable defense however people accept in various of information from press at first. The judge suffer over-whelming criticism for the case. In this paper the author will focus on the judicia
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Kung, Hsien-Tai, and 孔憲臺. "The analysis of ill-nature in Theory of Affirmative Defense─illustrations of justifiable ill deeds." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/62a24y.

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博士<br>國立臺灣師範大學<br>政治學研究所<br>101<br>This study consists of two parts: from dialectical about the evil nature of the essence - a reasonable evil the Europe of negates the unlawful theory and traditional Chinese Ideas of Human Nature. The evil nature nature of dialectical logic analysis and demonstration research approach, that is, in research on the attitudes and views of Western negates illegal school grounds as a starting point, and as the analysis of the material according to the theory and literature of Western scholars constructed, more importantly,highlighting the unique Chinese concept of
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CHIN, CHEN KEN, and 陳克勤. "Comparitive study on justifiable defense & necessity in criminal law between Taiwan and Mainland China." Thesis, 2008. http://ndltd.ncl.edu.tw/handle/9evn6h.

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Singh, Nerisha. "Battered women syndrome : a possible defence in South African law for women who kill?" Thesis, 2000. http://hdl.handle.net/10413/5197.

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Books on the topic "Justifiable defense"

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Istomin, A. F. Samooborona: Pravo i neobkhodimye predely. NORMA, 2005.

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Kaburneev, Ėduard Valerʹevich. Otvetstvennostʹ za ubiĭstvo pri prevyshenii predelov neobkhodimoĭ oborony: Uchebnoe posobie. Astra Press, 2003.

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Watts, Tim J. Justifiable homicide or man slaughter: The battered woman defense in murder trials, a bibliography. Vance Bibliographies, 1989.

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Llamas, María Victoria. Claudia, una liberación. Plaza & Janés, 1998.

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Vicente, Juan Carlos García de. Homicidio por necesidad: La legítima defensa en la teología tardomedieval. Peter Lang, 1999.

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Justifiable homicide: Battered women, self-defense, and the law. Ohio State University Press, 1989.

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GILLESPIE, CYNTHIA K. JUSTIFIABLE HOMICIDE: BATTERED WOMEN, SELF-DEFENSE AND THE LAW. Ohio State University Press, 1990.

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Leverick, Fiona. Killing in Self-Defence (Oxford Monographs on Criminal Law and Justice). Oxford University Press, USA, 2007.

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Tötungsrecht zur Eigentumsverteidigung?: Eine Untersuchung des Notwehrrechts unter verfassungsrechtlichen, menschenrechtlichen und rechtsvergleichenden Gesichtspunkten. P. Lang, 1999.

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Markovits, Julia. Humanity as an End in Itself. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198797074.003.0002.

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This chapter develops an internalist defense of the claim that we all have most reason to be moral, drawing on Kant’s argument for his “formula of humanity,” which states: “so act that you use humanity, whether in your own person or in the person of any other, always at the same time as an end and never merely as a means.” It argues that rational pressure to form maximally coherent, systematically justifiable sets of ends gives us all reason to respect others as ends in themselves—reason that cannot be outweighed by our reasons to promote our own optional ends. It defends the Kantian argument
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Book chapters on the topic "Justifiable defense"

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Dineka, Victor I., Mikhail V. Denisenko, Oleg V. Popov, Mikhail A. Gorbunov, and Irina V. Veretentseva. "Legal Assessment of Objective and Subjective Justifiable Defense Signs." In Sustainable Development Risks and Risk Management. Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-34256-1_29.

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Joyce, Justin A. "No retreat: American self-defense doctrine." In Gunslinging justice. Manchester University Press, 2018. http://dx.doi.org/10.7228/manchester/9781526126160.003.0003.

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This chapter outlines shifts in the American legal system related to justifiable gun violence. A crucial juridical shift, the transition wrought by American self-defense doctrine from the English requirement to "retreat to the wall" to the American freedom to “stand one's ground” and repel force with force is covered here.
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Green, Scott D. "On the Social Contract as Key to Preventing Wars." In Advances in Public Policy and Administration. IGI Global, 2025. https://doi.org/10.4018/979-8-3693-9626-1.ch010.

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This chapter delves into the philosophical and ethical dimensions of war, drawing on the thoughts of Plato and the early tradition of the Just War Theory, critiquing the theory on its ambiguity and inherent misuse. It explores the justifications for engaging in warfare and posits that the sole justifiable reason for immediate engagement in war is the defense of one's homeland. The Principle of Protection of Country (PPoC) contrasts interventionist policies and highlights the importance of distinguishing justifiable self-defense from unnecessary foreign conflict. The PPoC is rooted in natural h
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Fletcher, George P., and Steve Sheppard. "Self-Defense: Domestic and International." In American Law In A Global Context. Oxford University PressNew York, NY, 2005. http://dx.doi.org/10.1093/oso/9780195167221.003.0030.

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Abstract As self-defense was the central issue in the Goetz case, it is also the anchor that orients the law of war. Military aggression is prohibited under international law, but the use of military force in self-defense is permissible under the United Nations Charter Article 51. At some point, prohibited military aggression becomes justifiable self-defense. The activity might look exactly the same, with battles on the ground and in the air, but the legal valence is just the opposite. The problem for lawyers is fathoming the point of transformation when aggression becomes self defense. The cl
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Zagzebski, Linda Trinkaus. "A Defense of Epistemic Authority." In Epistemic Values. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780197529171.003.0017.

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Philosophers generally assume that authority applies only to the political domain and do not even mention epistemic authority. Theorists recognize the tension between authority and autonomy, but the tradition of modern liberalism maintains that political authority can be derived from the authority of the self over the self. One can have authority without sacrifice of autonomy. This chapter argues that authority in the epistemic domain is justifiable even if one begins with the natural authority of the self. It proposes principles of epistemic authority modeled on the general principles of auth
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Chong, Yu. "The Application of the Principle of Legal Procedure Priority in Justifiable Defense." In Notwehr in Deutschland und China. Nomos Verlagsgesellschaft mbH & Co. KG, 2020. http://dx.doi.org/10.5771/9783845297156-149.

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Hoskins, Zachary. "Prosecutors, Guilty Pleas, and Collateral Legal Consequences." In Beyond Punishment? Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780199389230.003.0008.

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This chapter examines a practical problem arising from the proliferation of collateral legal consequences (CLCs). Courts have recently suggested that defendants considering guilty pleas have a right to be notified not only about the range of formal sentences they are likely to face, but also about additional legal consequences that are likely to follow from a guilty plea. This chapter examines who should bear the central responsibility for ensuring that defendants are properly informed about the range of CLCs they may face. Most assume that this responsibility falls to defense counsel. This ch
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Joyce, Justin A. "Old dogs and new tricks: race and justifiable homicide in neoliberalism’s Western imagination." In Gunslinging justice. Manchester University Press, 2018. http://dx.doi.org/10.7228/manchester/9781526126160.003.0008.

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This concluding chapter examines the relationship between the increasing codification of aggressive “Stand Your Ground” laws since 2005 and the continued relevance of the Western as a popular genre. This final chapter presents a reading of two contemporary Westerns, the television series Justified (2010-15) and Quentin Tarrantino's film, Django Unchained (2012), arguing that the film epitomizes the challenge of gun possession and self-defense within a neoliberal state.
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Landa, Dimitri, and Ryan Pevnick. "Can Egalitarian Considerations Justify Representative Democracy?" In Representative Democracy. Oxford University PressOxford, 2025. https://doi.org/10.1093/oso/9780198897538.003.0004.

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Abstract This chapter argues that it is far more difficult than typically thought to sustain an egalitarian defense of representative democracy. The central reason for this is that the two distinctive features of representative democracy—the selection of governing officials via election and the independence of these officials between elections—ensure that such regimes fail to satisfy the requirement of equal opportunity for political influence. We go on to argue that as a result of these features, representative democracy is not obviously justifiable on egalitarian grounds even relative to non
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Macedo, Stephen. "Why Marriage Matters." In Just Married. Princeton University Press, 2015. http://dx.doi.org/10.23943/princeton/9780691166483.003.0001.

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This book offers arguments in defense of same-sex marriage, marriage (as a distinctive relationship defined by law), and monogamy. It considers the acrimonious debate over same-sex marriage and two sets of issues that arise from this debate and that are closely intertwined with marriage: sexual ethics and children's wellbeing. It also examines the ramifications of same-sex marriage for the meaning and future of marriage and asks whether the recognition of same-sex marriage will end marriage as we have known it, or whether civil marriage and monogamy are still justifiable and viable. Finally, t
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Conference papers on the topic "Justifiable defense"

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Terenkov, Igor Evgenievich. "Socio-legal Nature of Lawful Infliction of Harm by Police Officers in Conditions of Justifiable Defense." In VII INTERNATIONAL SCIENTIFIC-PRACTICAL CONFERENCE “CRIMINAL LAW AND OPERATIVE SEARCH ACTIVITIES: PROBLEMS OF LEGISLATION, SCIENCE AND PRACTICE”. SCITEPRESS - Science and Technology Publications, 2021. http://dx.doi.org/10.5220/0010635600003152.

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