A Study on the Current Theories of the Philosophy and Principles of Self-Defense

Parviz Khozouie, Khalil Afandak, Mina Mehrvand

Resumo


The self-defense entity is a legal phenomenon which is included in most countries' constitution in order to protect the people right when exposed to a current or potential danger or offense. The philosophy of acceptance of the self-defense is based on the theories of natural rights, social contract, the two-right conflict, and spiritual obligation. The self-defense has been justified based on several principles such as less harmful results, the possibility of blaming the offender, offending and attacking the defender's right to live, the offender's responsibility, the defender's right for removal and denial of threat. The legal systems each complying with the social and cultural conditions and status, beliefs, the traditions, and etc. try to develop the conditions of realization of self-defense in their constitution, however there are common areas and differences between the legal systems and determination of them plays an important role in justifying this entity. This criminal entity is among the justifiable factors of crime that in case of inclusion of its conditions, the defender will bear no criminal and civil responsibility. 


Palavras-chave


Self-defense; The justified factors of crime; The proportionality of defense; The necessity of defense; Legal system

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DOI: http://dx.doi.org/10.18468/estcien.2017v7n3.p19-28

Direitos autorais 2017 Estação Científica (UNIFAP)

Licença Creative Commons
Este obra está licenciado com uma Licença Creative Commons Atribuição 4.0 Internacional.