Rethinking Self-Defence: The 'Ancient Right's' Rationale Disentangled

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Description

Self-defence the ancient right has never been more relevant than in the present era of widespread calls for criminal justice reform. The book substantially advances the patinaed discussion by introducing for the first time a comprehensive value-centric approach to thinking about the defences deeper rationale. It tackles core issues such as the relative importance of the States claimed monopoly on force, procedural justice and the need to shore up the justice systems legitimacy and creditworthiness, everyones presumptive right to life, and the importance of ensuring equal standing between citizens. And, in so doing, the book breaks ground by addressing public perceptions of just and right outcomes, as well as the emphasis legal systems place (and should place) on State power.

Reviews

Dr Funk in exemplary fashion examines a central question of modern political life. The result is a book that offers the most detailed comparativist study on the subject yet published. * Daniel Polsby, Dean Emeritus, Antonin Scalia School of Law, George Mason University *
Through his innovative and sensible value-based approach, Dr Funk offers and important fresh take on self-defenses key practical and theoretical issues. * Hon Bernice B Donald, US Court of Appeals for the Sixth Circuit *
[E]in groer Wurf (a major coup) in the area of self-defence theory and analysis [offering] the first perfectly accurate and comprehensive English summary of the history of, and nuanced debate over, the past and present self-defence law in Germany. * Volker Erb, Professor of Law, Johannes Gutenberg-University Mainz, Germany *
This thorough and enlightening analysis will stand as the most comprehensive review of self-defense law to come forth in decades. [A] fascinating read for legal scholars and criminal law practitioners alike. * Hon Virginia M Kendall, US District Court for the ND of Illinois and former Assistant US Attorney *
Dr Funk's robust and fresh approach provides a powerful analytical framework to analyse this core right that has so dominated contemporary scholarly and political debates I highly recommend this book. * Robert Leider, Assistant Professor, Antonin Scalia School of Law, George Mason University *
An engaging analysis that is recommended reading for anyone with an interest in criminal law defences. * Mark Dsouza, Deputy Director, Centre for Criminal Law, University College London *
Dr Funk's book offers convincing answers to many of the issues regarding self-defence's most challenging practical and theoretical questions. I find it thought-provoking and highly recommend it. * Boaz Sangero, Professor of Law, The College of Law and Business and The Sapir Academic College School of Law, Israel *
The book provides a thoughtful, deep, and nuanced way for the reader to think about the deadly-force controversies we face in the 21st Century. * Joshua Dressler, Distinguished University Professor, The Ohio State University *
Funks truly exceptional book is a timely contribution to a searing national debate on the first of all civil rights. * William Hogan, US Department of Justice *

Author Bio

T Markus Funk is the Firmwide Chair of Perkins Coies White Collar & Investigations Practice.