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Journal articles on the topic 'Justifiable defense'

Author: Grafiati

Published: 4 June 2025

Last updated: 1 August 2025

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1

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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2

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  the  legal  institution  of justifiable defense as  a  conflict  of  t  legally  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’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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6

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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7

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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8

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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9

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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10

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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11

张, 航. "On the Judicial Determination of Justifiable Self-Defense in Domestic Violence." Dispute Settlement 10, no. 05 (2024): 133–38. http://dx.doi.org/10.12677/ds.2024.105262.

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12

Xu, Linyuan, and Xinshuang Zheng. "The Identification and Judgment of Justifiable Defense in Mutual Assault Cases." Journal of Commercial Law Review 9, no. 1 (2025): 47–50. https://doi.org/10.47297/wspjclrwsp2516-249710.20250901.

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李, 文广. "Analysis of the Judicial Determination Case of the Limit of Justifiable Defense—Taking the Justifiable Defense Cases Published by the China Judicial Documents Website as a Sample." Open Journal of Legal Science 12, no. 02 (2024): 836–42. http://dx.doi.org/10.12677/ojls.2024.122120.

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14

Su, Shiting, and Huanting Chen. "Analysis of the Guiding Opinions on the Application of the Justifiable Defense System According to Law." Economics, Law and Policy 8, no. 2 (2025): p37. https://doi.org/10.22158/elp.v8n2p37.

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China’s Supreme People’s Court, the Supreme People’s Procuratorate and the Ministry of Public Security on September 3, 2020 jointly issued the “guidance on the application of legitimate self-defense system according to law” (hereinafter referred to as the “Guiding Opinions”), the “Guiding Opinions” of the social four sides in the handling of legitimate self-defense cases in the balance of the situation of each side of the word has played an effective role in determining the score to stop the dispute. However, while refining the conditions of self-defense, there are also problems such as incomp

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Yang, Jie, and Yipeng Jiang. "Analysis of the Application of Justifiable Defense to the “Violence Against Violence” Behavior of Women in Response to Domestic Violence." Scientific and Social Research 6, no. 1 (2024): 224–29. http://dx.doi.org/10.26689/ssr.v6i1.6036.

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In recent years, cases of “violence against violence” of women against domestic violence have been increasing.Most of these cases arise when women need to defend themselves against extreme domestic violence. This paper attemptsto explore the application of justifiable defense of abused women in domestic violence and discusses the nature andoccurrence of the behavior from two dimensions. Situations in which the actions of the victim can be considered asjustifiable defense are also discussed. Subsequently, two measures for preventing such cases and protecting women’srights are proposed. The firs

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Kirkland, Justin Scott. "Failing to observe holy days." Tijdschrift voor Rechtsgeschiedenis 88, no. 1-2 (2020): 122–48. http://dx.doi.org/10.1163/15718190-00880a02.

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Summary The implementation of canon law in the medieval ecclesiastical courts is an enigmatic issue. This article focuses on the types of defense arguments made by people accused of failing to observe holy days, as well as how courts judged such excuses. Even though failing to properly observe holy days – nonobservance – was a minor crime, the courts set a high standard when evaluating justifiable excuses for failing to observe holy days. The courts tended to reject most defense arguments. Despite the overall decline of the ecclesiastical courts in the late fifteenth and early sixteenth centur

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Thomas, Raju G. C. "India's Nuclear and Space Programs: Defense or Development?" World Politics 38, no. 2 (1986): 315–42. http://dx.doi.org/10.2307/2010240.

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Are the Indian nuclear and space programs driven primarily by defense or development motives? What are India's economic and technological capabilities in these fields?Defense motives are strong, but are offset by the potential consequences of programs of nuclear weapons and delivery systems that could produce less rather than more security by provoking counter-reactions in Pakistan and China. The underlying development motives are equally strong, but the programs may not be cost-efficient in the short run. Ultimately, the justification for these programs is based on a dual argument: strategic

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18

Wenju, Huang, and Shi Weitao. "Research on the Perspective of Justifiable Defense Evaluation from the Perspective of Criminal Policy." Criminal Justice Science & Governance 3, no. 1 (2022): 57–62. http://dx.doi.org/10.35534/cjsg.0301008.

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19

Anderson, Elizabeth. "An Epistemic Defense of Democracy: David Estlund's Democratic Authority." Episteme 5, no. 1 (2008): 129–39. http://dx.doi.org/10.3366/e1742360008000270.

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ABSTRACTIn Democratic Authority, David Estlund (2008) presents a major new defense of democracy, called epistemic proceduralism. The theory claims that democracy exercises legitimate authority in virtue of possessing a modest epistemic power: its decisions are the product of procedures that tend to produce just laws at a better than chance rate, and better than any other type of government that is justifiable within the terms of public reason. The balance Estlund strikes between epistemic and non-epistemic justifications of democracy is open to question, both for its neglect of the roles of no

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20

Maller, Mark. "The Evil That Free Will Does: Plantinga’s Dubious Defense." Metaphysica 23, no. 1 (2021): 37–49. http://dx.doi.org/10.1515/mp-2021-0022.

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Abstract Alvin Plantinga’s controversial free will defense (FWD) for the problem of evil is an important attempt to show with certainty that moral evils are compatible and justifiable with God’s omnipotence and omniscience. I agree with critics who argue that it is untenable and the FWD fails. This paper proposes new criticisms by analyzing Plantinga’s presuppositions and objectionable assumptions in God, Freedom and Evil. Notably, his limited concept of omnipotence, and possible worlds theory lack rigorous argument and are subjectively biased with irrelevant weak examples. My ontological poss

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Wicaksono, Wirawan Hanindito, and Ruslan Arief. "COSTLY-DEFENSE SYSTEMS VERSUS PRODUCTIVE INVESTMENTS: THE CASE OF SINGAPORE’S 1st GENERATION MILITARY BUILD-UP (THE 1960s-1980s)." Jurnal Pertahanan: Media Informasi ttg Kajian & Strategi Pertahanan yang Mengedepankan Identity, Nasionalism & Integrity 8, no. 3 (2022): 356. http://dx.doi.org/10.33172/jp.v8i3.1726.

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<p>Choosing a costly defense over an economically productive investment is always a nightmare for national policymakers. Despite the dilemma, Singapore came up as an anomaly with its decision in investing a remarkable amount of defense budget, reaching 4.5% of its GDP (Gross Domestic Product) and ranging around 15-30% of its annual government spending and still succeeding in developing its economy, while some do not. Therefore, drawing from what happened in the early period of Singapore’s independence, this study aims to figure out how the country justified its decision to choose a costl

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22

Ispas, A.M. "LEGITIMACY OF USING FORCE IN INTERNATIONAL RELATIONS." POLISH JOURNAL OF SCIENCE, no. 64 (July 17, 2023): 38–41. https://doi.org/10.5281/zenodo.8153536.

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States have the obligation to look for methods that do not involve resorting to force to resolve disputes, being forced at the same time to refrain from resorting to the threat of force, but also to cooperate to ensure a stable global security environment. The use of armed force, however, remains a monopoly of states, so that only they can resort to legitimate coercion against acts of armed violence affecting national or international security. The only way that individuals have to use the armed force in the state legal order is legitimate defense, justifiable cause provided by the criminal la

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23

Kostura, B. V. "The timeliness of necessary defense as its primary element." Analytical and Comparative Jurisprudence, no. 4 (September 11, 2024): 525–28. http://dx.doi.org/10.24144/2788-6018.2024.04.88.

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In this article, the concept of necessary defense is examined through the lens of timeliness, which is one of the most challenging aspects of justifiable self-defense. The relevance of this issue is heightened due to the importance and general complexity of interpreting and applying an individual’s right to necessary defense in practice. This right serves as a guarantee for upholding justice and protecting an individual’s life, health, or property when faced with aggression. The topic is significant for both practicing lawyers and scholars, as it touches upon fundamental principles of justice

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Moore, Sharon E., Michael A. Robinson, Dewey M. Clayton, et al. "A Critical Race Perspective of Police Shooting of Unarmed Black Males in the United States: Implications for Social Work." Urban Social Work 2, no. 1 (2018): 33–47. http://dx.doi.org/10.1891/2474-8684.2.1.33.

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Recent high-profile killings of unarmed Black males underscore a stark reality in America: though Black men have the same constitutional rights as all other citizens of the United States, in practice their rights are often violated. The negative stereotype that all Black males are criminals has created an environment that perpetuates the killing of unarmed Black males by police officers as justifiable self-defense. In this article, critical race theory (CRT) provides a theoretical lens to examine and understand the persistent racism underlying the social inequities that have been thrust upon B

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25

Sheley, Erin. "Self-Defense and Political Rage." Texas A&M Law Review 11, no. 3 (2024): 591–653. http://dx.doi.org/10.37419/lr.v11.i3.4.

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This Article considers how American political polarization and the substantive issues driving it raise unique challenges for adjudicating self-defense claims in contexts of political protest. We live in an age where roughly a quarter of the population believes it is at least sometimes justifiable to use violence in defense of political positions, making political partisans somewhat more likely to pose a genuine threat of bodily harm to opponents. Furthermore, the psychological literature shows that people are more likely to perceive threats from people with whom they politically disagree and t

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26

Peilouw, Johanis Steny Franco. "The Effect of the Pre-emtive Military Strike Doctrine on Efforts to Establish New International Legal Provisions." SASI 28, no. 3 (2022): 432. http://dx.doi.org/10.47268/sasi.v28i3.1031.

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Introduction: One of the interventional measures that can be justified under international law is self-defence. When there has been an armed attack, on the condition that it is instant, overwhelming situation, leaving no means, no moment of deliberation, that is a justifiable proposition for self-defence.Purposes of the Research: To examine and analyze the influence of the doctrine of pre-emtive military strike on efforts to establish new international legal provisions.Methods of the Research: This research uses normative juridical research methods with legal materials used, namely primary leg

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苑, 嘉辉. "Amendment to the Time Conditions of Justifiable Defense—From the Perspective of the Murder of Battered Women." Advances in Social Sciences 11, no. 07 (2022): 2702–8. http://dx.doi.org/10.12677/ass.2022.117371.

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Zhang, Yulu, Yangzehou Zhang, and Yijie Hu. "The Legal and Moral Permissibility of Torture." Lecture Notes in Education Psychology and Public Media 8, no. 1 (2023): 201–6. http://dx.doi.org/10.54254/2753-7048/8/20230100.

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This paper attempts to address the legal and moral permissibility of torture under extreme situations. The use of torture has been prohibited by international law as a violation of human rights. In this paper, we will present a case of Public Committee Against Torture v. Israel, and analyse the legal permissibility of torture using the necessity defense. Furthermore, we will evaluate the permissibility of torture through contractarian, consequentialist, and deontologist viewpoints, on the premise that the act of torture has de facto been performed and it was the only way to obtain the truth. U

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Merularini, Saravanan, Madhuram Krishnamurthy, Ashok Leburu, Praveen Nehrudas, Selvendran K. Elangovan, and Naveen Kumar Venugopal. "Specialized pro-resolving lipid mediators: A future for conventional endodontics-A review." IP Indian Journal of Conservative and Endodontics 7, no. 3 (2022): 105–8. http://dx.doi.org/10.18231/j.ijce.2022.023.

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Human dental pulp is a highly dynamic tissue that plays major roles in the defense against pathogens and during tissue injury. However, the efficiency of these mechanisms during dental pulp inflammation (pulpitis) varies due to anatomical and physiological restrictions. Uncontrolled progressive unresolved inflammation can lead to pulp tissue necrosis and subsequent apical periodontitis or it can develop into chronic inflammation and become a silent killer causing bone destruction. Considering the cause & effect model, the decision to perform pulp extirpation and endodontic treatment is jus

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马, 晓捷. "The Problem of Judicial Proof of Justifiable Defense —A Case of Counter Murder through the Lens of Criminal Composition." Open Journal of Legal Science 13, no. 01 (2025): 6–10. https://doi.org/10.12677/ojls.2025.131002.

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郑, 雨舒. "Research of Whether the State of Persistent Aggression Applies to Justifiable Defense—Taking Pyramid Selling Organization Cases for Example." Dispute Settlement 08, no. 04 (2022): 1101–8. http://dx.doi.org/10.12677/ds.2022.84149.

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Kaufman, Whitley. "What's Wrong with Preventive War? The Moral and Legal Basis for the Preventive Use of Force." Ethics & International Affairs 19, no. 3 (2005): 23–38. http://dx.doi.org/10.1111/j.1747-7093.2005.tb00552.x.

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The question of the legitimacy of preventive war has been at the center of the debate about the proper response to terrorism and the legitimacy of the Iraq War. One side has argued that preventive war is a legitimate and necessary tool for nations to use in defense against terrorists; the other side has claimed that war is permissible only in self-defense, and that therefore the preventive use of military force is unjustified both legally and morally. In this essay I attempt to clarify the terms of this debate by demonstrating that neither side is precisely correct. Both under Just War Doctrin

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Krasnyanskaya, Tatiana, Valery Tylets, and Vladimir Iokhvidov. "Personal Safety Concept as a Psychological and Criminological Factor of Self-Defense." Всероссийский криминологический журнал 12, no. 6 (2018): 826–35. http://dx.doi.org/10.17150/2500-4255.2018.12(6).826-835.

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The paper examines the problem of justifiable subjective actions in the criminally relevant situations of self-defense from a new angle. The authors introduce an understanding of self-defense as a sequence of actions aimed at counteracting the source of threat to vitally important interests of the subject. The authors claim that an adequate understanding of behavioral characteristics of the subject of self-defense requires a thorough examination of all aspects of the corresponding counteraction, including its psychological component. It is stated that the leading psychological determinant of c

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黄, 佳虹. "On the Misunderstanding and Correction of Justifiable Defense Judicial Confirmation—Starting from the Cases of “Yu Huan” and “Yu Haiming”." Open Journal of Legal Science 08, no. 03 (2020): 338–44. http://dx.doi.org/10.12677/ojls.2020.83048.

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Simons, Kenneth W. "Self-Defense: Reasonable Beliefs or Reasonable Self-Control?" New Criminal Law Review 11, no. 1 (2008): 51–90. http://dx.doi.org/10.1525/nclr.2008.11.1.51.

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The reasonable person test is often employed in criminal law doctrine as a criterion of cognitive fault: Did the defendant unreasonably fail to appreciate a risk of harm, or unreasonably fail to recognize a legally relevant circumstance element (such as the nonconsent of the victim)? But it is sometimes applied more directly to conduct: Did the defendant depart sufficiently from a standard of reasonable care, e.g., in operating a motor vehicle, that he deserves punishment? A third version of the reasonable person criterion, which has received much less attention, asks what degree of control a

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Banjac, Borislav, Miodrag Dimitrijevic, Sofija Petrovic, Velimir Mladenov, Dusana Banjac, and Biljana Kiprovski. "Antioxidant variability of wheat genotypes under salinity stress in situ." Genetika 52, no. 3 (2020): 1145–60. http://dx.doi.org/10.2298/gensr2003145b.

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Crop cultivation under the open-field conditions depends on a variety of biotic and abiotic factors which cause plant stress and deterioration. Due to high soil salinity, some soils can be an unfavourable growing environment for most plants. As a low productivity soil type, solonetz soils are a stressful growing environment, causing plant deterioration. Plants have developed a complex antioxidative defense system as a precaution against oxidative stress caused by high soil salinity. The trial was set up on a halomorphic soil type-solonetz. The research included ten cultivars, one local populat

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Hamid Tarad Lafta Omairi, Asst Prof Dr. "Content Analysis of Media Coverage on Gaza and Ukraine Conflicts." مجلة واسط للعلوم الانسانية 21, no. 1/Pt1 (2025): 881–68. https://doi.org/10.31185/wjfh.vol21.iss1/pt1.814.

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This article investigates the framing, and narrative strategies employed by BBC, and CNN in their coverage of the Gaza and Ukraine conflicts, focusing on terminology, tone, and framing. Based on a qualitative content analysis of 12 articles, published between October 2023, and October 2024, the research uncovers, significant disparities in how these conflicts are portrayed. While Ukrainian fighters, are consistently framed as "defenders" engaged in a justifiable struggle for sovereignty, Palestinian fighters, are often described using mixed or negative terminology, highlighting their associati

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Reiman, Jeffrey, and Ernest Van Den Haag. "On the Common Saying that it is Better that Ten Guilty Persons Escape than that One Innocent Suffer: Pro and Con." Social Philosophy and Policy 7, no. 2 (1990): 226–48. http://dx.doi.org/10.1017/s0265052500000844.

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In Zadig, published in 1748, Voltaire wrote of “the great principle that it is better to run the risk of sparing the guilty than to condemn the innocent.” At about the same time, Blackstone noted approvingly that “the law holds that it is better that ten guilty persons escape, than that one innocent suffer.” In 1824, Thomas Fielding cited the principle as an Italian proverb and a maxim of English law. John Stuart Mill endorsed it in an address to Parliament in 1868. General acceptance of this maxim continues into our own period, yet it is difficult (and for us so far, impossible) to find syste

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Bok, Sissela. "Early Advocates of Lasting World Peace: Utopians or Realists?" Ethics & International Affairs 4 (March 1990): 145–62. http://dx.doi.org/10.1111/j.1747-7093.1990.tb00251.x.

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This article reexamines the works of Erasmus, the Abbé de Saint-Pierre, Kant, and other pacifists who have advocated collective societal efforts toward a lasting world peace. In contrast to Thucydides' (Realist) view of the inevitability of war due to intrinsic human nature, the author presents the early Christian arguments of pacifism grounded in morality and religion, including the “just-war” views of Augustine and Saint Thomas Aquinas, who believed that war fought for self-defense, or other “justifiable” purposes, was morally and religiously grounded in efforts to punish wrongdoings and “co

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Sun, Qian. "The Distinction between Corporal Punishment and Justifiable Defense in School Punishment in China: An Analysis of a Case of Corporal Punishment." Chinese Studies 11, no. 03 (2022): 156–71. http://dx.doi.org/10.4236/chnstd.2022.113013.

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41

Meisels, Tamar. "Preemptive Strikes—Israel and Iran." Canadian Journal of Law & Jurisprudence 25, no. 2 (2012): 447–63. http://dx.doi.org/10.1017/s0841820900005889.

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This essay looks at the contemporary just war theory literature on preventive war that has emerged largely in reaction to the US invasion of Iraq. Recent sanctions on Iran and the debate over its nuclear program now suggest the usefulness of a forward looking perspective on preventive strikes, rather than the retroactive analyses offered thus far primarily with reference to Iraq. With Iran closely in mind, I address the various arguments for and against preventive war indicating throughout that the various principled objections to early military action can be overcome in this case. Many of the

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Iovanni, LeeAnn. "Book Reviews : Justifiable Homicide: Battered Women, Self-Defense, And The Law by Cynthia K. Gillespie. Ohio State University Press, 1989. 252 pp. cloth." Criminal Justice Policy Review 4, no. 2 (1990): 188–91. http://dx.doi.org/10.1177/088740349000400206.

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Palmeira, Patricia, and Magda Carneiro-Sampaio. "Immunology of breast milk." Revista da Associação Médica Brasileira 62, no. 6 (2016): 584–93. http://dx.doi.org/10.1590/1806-9282.62.06.584.

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Summary In the critical phase of immunological immaturity of the newborn, particularly for the immune system of mucous membranes, infants receive large amounts of bioactive components through colostrum and breast milk. Colostrum is the most potent natural immune booster known to science. Breastfeeding protects infants against infections mainly via secretory IgA (SIgA) antibodies, but also via other various bioactive factors. It is striking that the defense factors of human milk function without causing inflammation; some components are even anti-inflammatory. Protection against infections has

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Gare, Arran. "Natural Philosophy and the Sciences: Challenging Science’s Tunnel Vision." Philosophies 3, no. 4 (2018): 33. http://dx.doi.org/10.3390/philosophies3040033.

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Prior to the nineteenth century, those who are now regarded as scientists were referred to as natural philosophers. With empiricism, science was claimed to be a superior form of knowledge to philosophy, and natural philosophy was marginalized. This claim for science was challenged by defenders of natural philosophy, and this debate has continued up to the present. The vast majority of mainstream scientists are comfortable in the belief that through applying the scientific method, knowledge will continue to accumulate, and that claims to knowledge outside science apart from practical affairs sh

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Ingram, David. "The Structural Injustice of Forced Migration and the Failings of Normative Theory." Perspectives on Global Development and Technology 11, no. 1 (2012): 50–71. http://dx.doi.org/10.1163/156914912x620734.

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AbstractI propose to criticize two strands of argument—contractarian and utilitarian—that liberals have put forth in defense of economic coercion, based on the notion of justifiable paternalism. To illustrate my argument, I appeal to the example of forced labor migration, driven by the exigencies of market forces. In particular, the forced migration of a special subset of unemployed workers lacking other means of subsistence (economic refugees) cannot be redeemed paternalistically as freedom or welfare enhancing in the long run. Further, contractarian and utilitarian approaches are normatively

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Waldron, Linda M. "“Girls Are Worse”." Youth & Society 43, no. 4 (2010): 1298–334. http://dx.doi.org/10.1177/0044118x10382031.

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This article uses a race-class-gender intersectional approach to analyze qualitative interviews with girls at two public high schools to better understand a common perception that “girls are worse” when it comes to school fights. Several different understandings of why girls fight emerged from the data. On one hand, girls’ perception of face-to-face verbal fights seemed to uphold a normative hegemonic feminine ideology. Girls fought because they were overly emotional and dramatic, or they fought over boys, adhering to a heterosexual script that is consistent with normative femininity. Yet on t

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Hörnle, Tatjana. "Consensual Adult Incest." New Criminal Law Review 17, no. 1 (2014): 76–102. http://dx.doi.org/10.1525/nclr.2014.17.1.76.

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Criminal prohibitions against incestuous acts, including sexual acts between adults, can be found in many, albeit not all, legal systems. But are such restrictions of individual liberty justifiable from the perspective of criminal law theory? The article starts with describing a prominent case (the Stuebing case) that gave rise to arguments put forward by the German Federal Constitutional Court and the European Court of Human Rights in defense of criminal norms that prohibit adult siblings from having sexual intercourse. However, these rulings are not convincing in the light of a consent-based

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陈, 可蕊. "On the Relationship between Article 20, Paragraph 2 and Paragraph 3 of the Criminal Code—Concurrent Comments on the Case of Non Prosecution for Justifiable Defense of Zhou." Dispute Settlement 08, no. 04 (2022): 1043–49. http://dx.doi.org/10.12677/ds.2022.84141.

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Balint, Peter. "Introduction: Is a Military Really Worth Having?" Ethics & International Affairs 35, no. 3 (2021): 343–52. http://dx.doi.org/10.1017/s0892679421000368.

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AbstractJust war theory has traditionally focused on jus ad bellum (the justice of war) and jus in bello (justice in war). What has been neglected is the question of jus ante bellum, or justice before war. In particular: Under what circumstances is it justifiable for a polity to prepare for war by militarizing? When (if ever) and why (if at all) is it morally permissible or even obligatory to create and maintain the potential to wage war? What are the alternatives to the military? And if we do have militaries, how should they be arranged, trained, and equipped? These considerations are not abo

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Pineda, Erin R. "Civil disobedience, and what else? Making space for uncivil forms of resistance." European Journal of Political Theory 20, no. 1 (2019): 157–64. http://dx.doi.org/10.1177/1474885119845063.

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Theorists of political obligation have long devoted special attention to civil disobedience, establishing its pride of place as an object of philosophical analysis, and as one of a short list of exceptions to an otherwise binding obligation to obey the law. Yet all of this attention to civil disobedience has left the broader terrain of resistance to injustice relatively under-theorized. What other forms of action are justifiable – even required – in the face of systemic injustice? Candice Delmas' A Duty to Resist: When Disobedience Should Be Uncivil offers an original and powerful defense of t

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