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War and Self-Defense$
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David Rodin

Print publication date: 2002

Print ISBN-13: 9780199257744

Published to Oxford Scholarship Online: January 2005

DOI: 10.1093/0199257744.001.0001

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A Model of Defensive Rights

A Model of Defensive Rights

Chapter:
(p.35) 2 A Model of Defensive Rights
Source:
War and Self-Defense
Author(s):

DAVID RODIN

Publisher:
Oxford University Press
DOI:10.1093/0199257744.003.0003

Hohfeld treats liberties as a normative relation between three elements: subject (the party who possesses the liberty), content (what the subject has a liberty to do), and object (the party with respect to whom the liberty is held). This chapter develops a working explanatory model of defensive rights by adding to these three elements a so-called end of a defensive right, defined as the good or value which a defensive action is intended to preserve or protect. Two of three legs that constitute the justification of self-defence are explored: those that revolve around the relationship between subject and the end of the right, and those that concern the relationship between the content (defensive action) and the end of the right.

Keywords:   self-defence, defensive rights, liberty, proportionality

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