A Jurisprudential Analysis of the Foundations of Self Defense

Document Type : Research Article

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Abstract

Self- defense has been one of the controversial topics among the issues of criminal law since the remote past. Its traces can be witnessed in all legal systems and in all ages. This important issue has developed and been enriched through the time due to the prevailing thought over humanities. Nowadays all the legal schools are unanimous in recognizing the principle of self defense. The existence of legal rules concerning self-defense is an evidence towards establishing this claim. In spite of the unanimity in recognition of this very principle, the conditions under which the defensive behavior is regarded legitimate are not elaborated. The nature of self-defense and its influence on criminal liability has also been under discussion and debate in all ages.
 This heated discussion has led to the development of this concept in criminal law. The root of these different points may be found in the difference in the foundations of defense. The very principle of defense regardless of its foundations influences its nature and conditions. Thus dealing with the foundation of the legitimacy of self-defense is influential and significant towards the conditions and effects of defense. The present article seeks to find the jurisprudential foundations of self-defense through the jurisprudential texts analyzing them based on jurisprudential concepts and literature.
 

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The Journal of Islamic Law Research
Volume 12, Issue 1 - Serial Number 33
September 2011
Pages 151-176

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History

  • Receive Date: 02 January 2011
  • Revise Date: 27 January 2011
  • Accept Date: 22 April 2011

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