Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

James Madison University

Theses/Dissertations

Castle doctrine

Articles 1 - 1 of 1

Full-Text Articles in Law

What Is The Ethically Ideal Form Of Self-Defense Legislation? A Utilitarian Analysis, Jacqueline J. Jessop May 2016

What Is The Ethically Ideal Form Of Self-Defense Legislation? A Utilitarian Analysis, Jacqueline J. Jessop

Senior Honors Projects, 2010-2019

In this work I seek to determine which type of self-defense legislation best satisfies utilitarian ethical standards when implemented within an American democratic system, and should therefore be implemented throughout the United States. I begin by explaining and defending the form of utilitarianism employed in my analysis. I then clarify the three primary forms of legislation that have been proposed to govern circumstances of self-defense – Stand Your Ground laws, Castle Doctrine laws, and Duty to Retreat laws – after which I analyze each form of self-defense legislation according to utilitarian standards. I argue that while Stand Your Ground laws …