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Zusatztext Funk’s truly exceptional book is a timely contribution to a searing national debate on the first of all civil rights. Informationen zum Autor T Markus Funk is the Firmwide Chair of Perkins Coie’s White Collar & Investigations practice, a former US federal prosecutor, current Adjunct Professor at the University of Colorado Law School, former professor at the University of Chicago and Northwestern University, and former Lecturer at Oxford University.This book advances the self-defence discussion by introducing a value-centric dialogue and providing an account of the underlying values providing the rationale for self-defence. Zusammenfassung Self-defence – the ‘ancient right’ – has never been more relevant than in the present era of widespread calls for criminal justice reform. The book substantially advances the patinaed discussion by introducing for the first time a comprehensive value-centric approach to thinking about the defence’s deeper rationale. It tackles core issues such as the relative importance of the State’s claimed monopoly on force, procedural justice and the need to shore up the justice system’s legitimacy and creditworthiness, everyone’s presumptive ‘right to life,’ and the importance of ensuring equal standing between citizens. And, in so doing, the book breaks ground by addressing public perceptions of ‘just’ and ‘right’ outcomes, as well as the emphasis legal systems place (and should place) on State power. Inhaltsverzeichnis 1. Setting the Stage 2. Developing the ‘Value-Based Model’ of Self-Defence I. Early Observers of the ‘Ancient Right’ of Self-Defence II. An Introduction to Th inking of Values as Decision-Grounds III. The Orthodox View: ‘Two Principles in Tension’ (Autonomy of the Defender v Autonomy of the Attacker) IV. Advancing the Debate Th rough a More Value-Centric Dialogue – An Introduction to (and Preliminary Defence of) Seven Proposed Value-Based Decision-Grounds A. Value #1: Reducing Overall Societal Violence by Protecting the State’s Collective ‘Monopoly on Force’ B. Value #2: Protecting the Attacker’s Individual (Presumptive) Right to Life C. Value #3: Maintaining the Equal Standing between People D. Value #4: Protecting the Defender’s Autonomy E. Value #5: Ensuring the Primacy of the Legal Process F. Value #6: Maintaining the Legitimacy of the Legal Order G. Value #7: Deterring (Potential) Attackers V. The Challenging Act of Balancing the Competing Values A. The Value-Based Model and the ‘Forfeiture’ of Rights B. Considering Alternative Value-Accommodation Methods 3. The Scholarly Community’s Surprising Neglect of Values as Self-Defence Decision-Grounds I. Protecting the State’s Monopoly on Force (and the Primacy of the Legal Process) II. Respect for the Attacker’s ‘Right to Life’ III. Protecting Equal Standing Among People IV. Protecting the Defender’s Autonomy V. Ensuring the Primacy of the Legal ProcessVI. Maintaining the Legitimacy of the Legal Order VII. Deterrence VIII. Self-Defence Scholarship’s Treatment of Values as Decision-Grounds 4. The Value-Based Model’s Answer to Common Theoretical (‘Hard Case’) Questions I. Is Self-Defence a Justification or Excuse (or Neither)? … And Why the Answer Matters A. Aggressors v Passive Threats v Innocent Bystanders – The Importance of Accurate Labelling B. Mistakes: External, Internal, and Legal Justification C. ‘Unreasonable’ Mistakes of Fact II. When Is Defensive Force ‘Necessary’? A. Distinguishing Self-Defence from Necessity and Duress B. The Relationship between Necessity and Imminence C. Retreat and Avoiding Conflict III. Proportionality of Defensive Force A. Rejecting Strict Proportionality and Addressing Excessive Force B. Deadly Force in Defence of Property C. Responding to ‘Trivial’ Threats IV. Necessity, Proportionality, Mistakes, and the European Convention on Human Rights A. The Current Status of Positive Ob...
