Renato Kramer da Fonseca CalixtoProportionalitätserfordernis bei der Notwehr?
Eine rechtsphilosophische Frage
Strafrecht in Forschung und Praxis, volume 412
Hamburg 2023, 280 pages
ISBN 978-3-339-13618-3 (print)
ISBN 978-3-339-13619-0 (eBook)
About this book deutschenglish
The question of the proportionality requirement in self-defense is a question of legal philosophy. In order to answer the question, it is necessary to discuss the dogmatics of self-defense. The present work presents such a discussion.
Chapter B of the monograph describes the historical development of self-defense, taking into account the 'proportionality requirement' in self-defense. Various historical periods are discussed in the literature.
Chapter C of the work treats the dualistic and monistic conceptions of self-defense, along with their respective subtypes. As a result, a purely individualistic reading is adopted.
In Chapter D, the author presents the opinion in the literature regarding the proportionality requirement in self-defense. The question is also discussed in the context of police action. Subsequently, certain decisions are critically analyzed before finally arguing that there is no need for proportionality in self-defense. In addition, the author presents a new theoretical derivation of self-defense as a subjective right.