Rejoinder to Ayres on defense, punishment and gentleness

Ayres maintains that both punishment after the fact of crime, and what the victim is allowed to do during the commission of the crime, should be based upon proportionality. I agree with him on the former contention, but not the latter. This paper is my attempt to make the case that the victim is ent...

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Main Author: Walter Edward Block
Format: Article
Language:English
Published: Universidade Federal do Paraná 2022-12-01
Series:Revista de Investigações Constitucionais
Subjects:
Online Access:https://revistas.ufpr.br/rinc/article/view/86477
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author Walter Edward Block
author_facet Walter Edward Block
author_sort Walter Edward Block
collection DOAJ
description Ayres maintains that both punishment after the fact of crime, and what the victim is allowed to do during the commission of the crime, should be based upon proportionality. I agree with him on the former contention, but not the latter. This paper is my attempt to make the case that the victim is entitled, based upon libertarian law, to do whatever is necessary to defend himself and his property, provided, only, that he employ the most gentle means compatible with this end. Ayres demurs.
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spelling doaj.art-7e13216fe3b54af197b72176bafac1b02024-02-23T17:50:58ZengUniversidade Federal do ParanáRevista de Investigações Constitucionais2359-56392022-12-019349551310.5380/rinc.v9i3.8647738750Rejoinder to Ayres on defense, punishment and gentlenessWalter Edward Block0Loyola UniversityAyres maintains that both punishment after the fact of crime, and what the victim is allowed to do during the commission of the crime, should be based upon proportionality. I agree with him on the former contention, but not the latter. This paper is my attempt to make the case that the victim is entitled, based upon libertarian law, to do whatever is necessary to defend himself and his property, provided, only, that he employ the most gentle means compatible with this end. Ayres demurs.https://revistas.ufpr.br/rinc/article/view/86477punishmentdefenselibertarianismgentlenessproportionality.
spellingShingle Walter Edward Block
Rejoinder to Ayres on defense, punishment and gentleness
Revista de Investigações Constitucionais
punishment
defense
libertarianism
gentleness
proportionality.
title Rejoinder to Ayres on defense, punishment and gentleness
title_full Rejoinder to Ayres on defense, punishment and gentleness
title_fullStr Rejoinder to Ayres on defense, punishment and gentleness
title_full_unstemmed Rejoinder to Ayres on defense, punishment and gentleness
title_short Rejoinder to Ayres on defense, punishment and gentleness
title_sort rejoinder to ayres on defense punishment and gentleness
topic punishment
defense
libertarianism
gentleness
proportionality.
url https://revistas.ufpr.br/rinc/article/view/86477
work_keys_str_mv AT walteredwardblock rejoindertoayresondefensepunishmentandgentleness