Unnecessary Self-defence
Year: 2025
Type: article
Abstract: , according to which defensive force is lawful only if it is necessary. But the necessity requirement is formulated inconsistently, and these inconsistencies substantially alter the scope of the defence. This article explains these inconsistencies. It concludes that it would be preferable to abandon the necessity requirement altogether. This would not leave a problematic gap in the law, because necessity would remain an important consideration when judging whether any use of force was reasonable.
Source: Oxford Journal of Legal Studies
DOI: 10.1093/ojls/gqaf035
Author: James Manwaring
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
Estimated APC paid: $3,987
OpenAlex ID: W4416143180