The Contours of the Right to Self-defence: Is the Requirement of Imminence Merely a Translator for the Concept of Necessity?

Onder Bakircioglu

Research output: Contribution to journalArticlepeer-review

Abstract

The right to self-defence has lately been subjected to intense academic controversy, both at the domestic and international level. The debate is focused on the question of whether or not the requirement of imminence is merely a translator for the notion of necessity. At the domestic level, the debate has mainly been kindled by feminist scholars, who, in the context of the 'battered woman', argue that the requirement of imminence should be discarded from the contours of the self-defence doctrine. The purpose of this article is to prove the necessity of the imminence requirement as a litmus test to detect possible abuses of the self-defence doctrine.
Original languageEnglish
Pages (from-to)131-169
Number of pages39
JournalJournal of Criminal Law
Volume72
Issue number2
DOIs
Publication statusPublished - Apr 2008

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