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The Hilltop Review

Risk

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An Application Of Risk Analysis To The Doctrine Of Self-Defense, Kirsten Welch Jan 2019

An Application Of Risk Analysis To The Doctrine Of Self-Defense, Kirsten Welch

The Hilltop Review

Although it is an unavoidable aspect of any self-defense situation, risk is an underdeveloped concept in the self-defense literature. In this paper, I argue that the existence of objective risk can justify the use of self-defense, even in cases in which defensive action is not clearly necessary. To accomplish this, I first introduce the concept of risk, seeking a definition that incorporates both objective and subjective elements in a manner appropriate to a discussion of self-defense. In section two, I make a case for the appropriate way to carry out and apply risk analysis in self-defense situations, addressing questions of …