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Deterrence and self-defence
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Elzein, Nadine (2021) Deterrence and self-defence. The Monist, 104 (4). pp. 526-539. doi:10.1093/monist/onab017 ISSN 0026-9662.
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Official URL: http://dx.doi.org/10.1093/monist/onab017
Abstract
Measures aimed at general deterrence are often thought to be problematic on the basis that they violate the Kantian prohibition against sacrificing the interests of some as a means of securing a greater good. But even if this looks like a weak objection because deterrence can be justified as a form of societal self-defence, such measures may be regarded as problematic for another reason: Harming in self-defence is only justified when itโs necessary, i.e., when there are no relatively harmless alternatives. While there are few harmless ways to remove the threat posed by dangerous individuals, there are many relatively harmless methods for preventing crime. We can bracket off our preventative failings when we think of present threats, but we cannot do so when contemplating alternative preventative measures.
| Item Type: | Journal Article | ||||||
|---|---|---|---|---|---|---|---|
| Subjects: | K Law [Moys] > KA Jurisprudence | ||||||
| Divisions: | Faculty of Social Sciences > Philosophy | ||||||
| Library of Congress Subject Headings (LCSH): | Self-defense (Law), Punishment in crime deterrence, Punishment in crime deterrence -- Philosophy, Criminal law -- Philosophy | ||||||
| Journal or Publication Title: | The Monist | ||||||
| Publisher: | Oxford University Press | ||||||
| ISSN: | 0026-9662 | ||||||
| Official Date: | October 2021 | ||||||
| Dates: |
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| Volume: | 104 | ||||||
| Number: | 4 | ||||||
| Page Range: | pp. 526-539 | ||||||
| DOI: | 10.1093/monist/onab017 | ||||||
| Status: | Peer Reviewed | ||||||
| Publication Status: | Published | ||||||
| Access rights to Published version: | Open Access (Creative Commons) | ||||||
| Date of first compliant deposit: | 4 November 2021 | ||||||
| Date of first compliant Open Access: | 8 November 2021 |
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