Chapter

A Model of Defensive Rights

DAVID RODIN

in War and Self-Defense

Published in print October 2002 | ISBN: 9780199257744
Published online January 2005 | e-ISBN: 9780191601811 | DOI: http://dx.doi.org/10.1093/0199257744.003.0003
 A Model of Defensive Rights

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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

Chapter.  5924 words.  Illustrated.

Subjects: Social and Political Philosophy

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