While traditional scholarship have focused on the scope self-defense, recent articles suggested various thoughts on the detailed contents of the basic philosophy (or ideology) of self-defense.However, there still remain several unsolved problems associated with the basic theory of self-defense, including: (1) the role of basic theory of self-defense, and (2) the detailed judicial process of judging concrete case based on the jurisprudence of self-defense.In this article, I examine the role of basic ideology of justification, especially focusing on self-defense and projected implications for criminal law from specific theories, known by conventional labels of libertarian, liberal, and communitarian. Moreover I suggest a concept of mid-level principle in analysing the structure of justification in criminal law. Mid-level principle is a basic concept that ties together a number of discrete and detailed doctrines, rules, and practices in a particular legal field. And it create an overlapping consensus among people with differing beliefs about ultimate normative foundations of criminal law. With a proper division of roles between mid-level principle and basic commitment, I argued, we can improve our understanding of justification in criminal law.
While traditional scholarship have focused on the scope self-defense, recent articles suggested various thoughts on the detailed contents of the basic philosophy (or ideology) of self-defense.However, there still remain several unsolved problems associated with the basic theory of self-defense, including: (1) the role of basic theory of self-defense, and (2) the detailed judicial process of judging concrete case based on the jurisprudence of self-defense.In this article, I examine the role of basic ideology of justification, especially focusing on self-defense and projected implications for criminal law from specific theories, known by conventional labels of libertarian, liberal, and communitarian. Moreover I suggest a concept of mid-level principle in analysing the structure of justification in criminal law. Mid-level principle is a basic concept that ties together a number of discrete and detailed doctrines, rules, and practices in a particular legal field. And it create an overlapping consensus among people with differing beliefs about ultimate normative foundations of criminal law. With a proper division of roles between mid-level principle and basic commitment, I argued, we can improve our understanding of justification in criminal law.
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