Laws and Ethics of Self-Defense

Paper Summary:

This paper examines how self-defense is a justification of violence and how, according to self-defense laws, a person may defend himself or herself if he or she believes that there is a reasonable threat of bodily injury or death. It looks at how self-defense may also be used to justify the defense of one's property or even of a third person. It discusses Tennessee laws regarding self-defense and some of the exceptions to the laws.

Outline
Description of Self-Defense
Moral Dilemmas in Self-Defense
Self-Defense
Defense of Third Person
Protection of Life or Health
Protection of Property
Protection of Third Person?s Property
Use of Device to Protect Property
Conclusion
References

From the Paper:

"The two most important topics when trying to justify self-defense are necessity and proportionality. If someone is killed in the defense of another, the death is usually considered to be an accident and occurred only out of defense and spontaneity. When considering necessity, one must look at whether it was really necessary to kill or harm the attacker or intruder. For instance, the defendant should have defended his or herself only if it was necessary and the attack or danger was imminent and unavoidable. Proportionality is what is examined when considering the amount of force that was used compared to the amount of force necessary to deter or fend off an attacker or intruder (Uniacke 1994:32-33). Devine (1978) also brings up a point that is not commonly considered when examining the issue of self-defense: abortion."

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