Rethinking Self-Defence

Rethinking Self-Defence

The 'Ancient Right's' Rationale Disentangled

T Markus Funk
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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 defence' s deeper rationale. It tackles core issues such as the relative importance of the State' s claimed monopoly on force, procedural justice and the need to shore up the justice system' s legitimacy and creditworthiness, everyone' s 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.
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-defense' s key practical and theoretical issues. * Hon Bernice B Donald, US Court of Appeals for the Sixth Circuit * ' [E]in grosser 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 * Funk' s 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 *
T Markus Funk is the Firmwide Chair of Perkins Coie' s White Collar & Investigations Practice.