Social Philosophy and Policy · 1990 · 29 citations · 2 references
LawJurisprudenceLegal RealismPhilosophy Of LawUse Of ForceDefense Of OthersJewish LawAggressor DoctrineDefensive ForceJewish Self-defenseSelf-defense ClaimsSelf-defense Doctrine
Jewish law takes an approach to self-defense that differs dramatically from the conventional assumptions of Western secular legal systems. The central theme of Talmudic jurisprudence is that self-defense rests on a duty not to stand idly by while one's neighbor suffers. “Do not stand on the blood of one's neighbor,” as the point is cryptically put in Leviticus 19:16. This way of thinking about self-defense departs in two significant ways from common Western assumptions. First, it stresses that the roots of self-defense are a duty rather than a right to act; second, it treats the case of third-party defense (defense of others) as logically prior to the first-party case of self -defense.
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The Metaphysical Elements of Justice
Edwin W. Tucker, Immanuel Kant, John Ladd · Michigan Law Review · 1966 · 597 citations
Decision Rules and Conduct Rules: On Acoustic Separation in Criminal Law
Meir Dan‐Cohen · Harvard Law Review · 1984 · 346 citations
Law, Criminal Law, Criminology +10