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What Is Self-Defense?

Public Affairs Quarterly 29 (4):385-402 (2015)

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  1. A New Societal Self-Defense Theory of Punishment—The Rights-Protection Theory.Hsin-Wen Lee - 2018 - Philosophia 46 (2):337-353.
    In this paper, I propose a new self-defense theory of punishment, the rights-protection theory. By appealing to the interest theory of right, I show that what we call “the right of self-defense” is actually composed of the right to protect our basic rights. The right of self-defense is not a single, self-standing right but a group of derivative rights justified by their contribution to the protection of the core, basic rights. Thus, these rights of self-defense are both justified and constrained (...)
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  • Shortcomings of and Alternatives to the Rights-Forfeiture Theory of Justified Self-Defense and Punishment.Uwe Steinhoff - manuscript
    I argue that rights-forfeiture by itself is no path to permissibility at all (even barring special circumstances), neither in the case of self-defense nor in the case of punishment. The limiting conditions of self-defense, for instance – necessity, proportionality (or no gross disproportionality), and the subjective element – are different in the context of forfeiture than in the context of justification (and might even be absent in the former context). In particular, I argue that a culpable aggressor, unlike an innocent (...)
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  • Futile Resistance as Protest.Edmund Tweedy Flanigan - 2023 - Mind 132 (527):631-658.
    Acts of futile resistance—harms against an aggressor which could not reasonably hope to avert the threat the aggressor poses—give rise to a puzzle: on the one hand, many such acts are intuitively permissible, yet on the other, these acts fail to meet the justificatory standards of defensive action. The most widely accepted solution to this puzzle is that victims in such cases permissibly defend against a secondary threat to their honour, dignity, or moral standing. I argue that this solution fails, (...)
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