Unnecessary Self-defence

Self-defence is traditionally said to contain a <i>necessity requirement</i>, according to which defensive force is lawful only if it is necessary. But the necessity requirement is formulated inconsistently, and these inconsistencies substantially alter the scope of the defence. This article explains these inconsistencies. It concludes that it would be preferable to abandon the necessity requirement altogether. This would not leave a problematic gap in the law, because necessity would remain an important consideration when judging whether any use of force was reasonable.