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Heller's Self-Defense, Boaz Sangero
Heller's Self-Defense, Boaz Sangero
Prof. Boaz Sangero
This article reflects on District of Columbia v. Heller and proposes a new footing and limit to the right to bear arms: a person’s inalienable right to selfdefense. Self-defense is a natural right embedded in personhood and is antecedent to the social contract that sets up a state. This right consequently remains with the person following the establishment of the state and allows her to use proportional force necessary for resisting aggression. The right to bear arms derives from the constitutional right to self-defense, which merits protection under both the Ninth and Fourteenth Amendments. This instrumental nexus calls for a …
In Defense Of "Self-Defence In Criminal Law"; And On "Killing In Self-Defence" - A Reply To Fiona Leverick, Boaz Sangero
In Defense Of "Self-Defence In Criminal Law"; And On "Killing In Self-Defence" - A Reply To Fiona Leverick, Boaz Sangero
Prof. Boaz Sangero
Recently, Fiona Leverick published a review of my book, Self-Defence in Criminal Law. In the same year that my book was released, Leverick published her own monograph on this subject, Killing in Self-Defence. We basically take two different approaches to the subject of self-defense. One approach seeks only “permission” for killing and views the right to life as a sufficient rationale. The other approach seeks a justification for self-defense and proposes a more complex rationale suited to all cases of self-defense and not just the extreme situation of a life versus a life. This rationale is based on three main …
Self-Defence In Criminal Law, Boaz Sangero
Self-Defence In Criminal Law, Boaz Sangero
Prof. Boaz Sangero
Self-Defence in Criminal Law - book reviews: (1) Boaz Sangero's project and ambition – in which he largely succeeds – is to provide a doctrinally sound framework for the analysis and critique of self defence as it operates in a variety of legal systems. His methodology is a mixture of inductive and deductive strategies.…Sangero has valuable thoughts to offer, and the analytical strength of his framework is powerfully demonstrated throughout…the reader who seeks answers to the more fundamental questions raised by Leverick [Killing in Self-Defence, OUP] at the start of her work had better turn to Sangero's book to find …
A New Defense For Self-Defense, Boaz Sangero
A New Defense For Self-Defense, Boaz Sangero
Prof. Boaz Sangero
Private defense, like self-defense, has been virtually undisputed both in the past and present and even taken for granted, and perhaps particularly for this reason, sufficient attention has not always been given to the rationale underlying private defense. As a result, the legal arrangements set for private defense in the different legal systems are deficient, inconsistent, and, at times, replete with internal contradictions. This Article seeks to propose a sound rationale for the concept of private defense. It begins by attempting to clearly and precisely delineate the scope of the defense and weed out cases that are occasionally (and, I …