Right Of Private Defence Under The Criminal Law- A Study

This study addresses the legal concept of self-defence from the standpoint of national law, with a particular focus on how it relates to challenges to impending necessity. Another purpose of this research is to show how the "condition of imminence" emphasizes the political component of the self-defence concept, which asserts that private force should only be used when institutional protection is unavailable. This research paper shows how to utilize a rights-based argument to support both the broad and narrow scope of the right to self-defence. This study will also be essential for protecting a used substitute for proving need. To ensure that defensive force is used only when national authorities are unable to prevent illegal aggression and is not overused or exploited, it must be demonstrated that the components of imminence, need, and proportionality is inextricably linked.

Publication Details

Journal
African Journal of Biomedical Research
Published
2025-04-11
DOI
https://doi.org/10.53555/ajbr.v27i5s.8479
Primary Topic
Geochemistry and Geologic Mapping
Type
article
Field-Weighted Citation Impact
0.00
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article

Right Of Private Defence Under The Criminal Law- A Study

African Journal of Biomedical Research
Geochemistry and Geologic Mapping
article

Right Of Private Defence Under The Criminal Law- A Study

article en

Abstract

This study addresses the legal concept of self-defence from the standpoint of national law, with a particular focus on how it relates to challenges to impending necessity. Another purpose of this research is to show how the "condition of imminence" emphasizes the political component of the self-defence concept, which asserts that private force should only be used when institutional protection is unavailable. This research paper shows how to utilize a rights-based argument to support both the broad and narrow scope of the right to self-defence. This study will also be essential for protecting a used substitute for proving need. To ensure that defensive force is used only when national authorities are unable to prevent illegal aggression and is not overused or exploited, it must be demonstrated that the components of imminence, need, and proportionality is inextricably linked.

African Journal of Biomedical Research
Peace, Justice and strong institutions
Openalex Percentile: Top 26%
Geochemistry and Geologic Mapping
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Right Of Private Defence Under The Criminal Law- A Study · African Journal of Biomedical Research (2025) | TGRS Research Map | TGRS