Jump to ContentJump to Main Navigation
Killing in Self-Defence$
Users without a subscription are not able to see the full content.

Fiona Leverick

Print publication date: 2006

Print ISBN-13: 9780199283460

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199283460.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 25 September 2018

Retreat

Retreat

Chapter:
(p.69) 4 Retreat
Source:
Killing in Self-Defence
Author(s):

Fiona Leverick

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199283460.003.0004

This chapter examines the issue of whether the law of self-defence should contain a retreat requirement, drawing on the rights based analysis of the defence presented in Chapter 3. The various options for the law of self-defence in relation to retreat are examined — no retreat rule, a strong retreat rule, a weak retreat rule, and an absolute retreat rule — before the conclusion is reached that the strong retreat rule is the most appropriate option as this pays maximum respect to the right to life of both the aggressor and the victim of the attack. It is argued that a retreat rule should apply even when the attack takes place in the victim's home, providing that retreat can be safely accomplished without any danger to the victim. The chapter also examines the approaches taken to retreat in self-defence in the major common law jurisdictions.

Keywords:   retreat rule, retreat from the home, weak retreat rule, strong retreat rule, law relating to retreat in self-defence

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .