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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Format: | Article |
Language: | English |
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Universidade Federal do Paraná
2022-12-01
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Series: | Revista de Investigações Constitucionais |
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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. |
first_indexed | 2024-03-07T22:09:15Z |
format | Article |
id | doaj.art-7e13216fe3b54af197b72176bafac1b0 |
institution | Directory Open Access Journal |
issn | 2359-5639 |
language | English |
last_indexed | 2024-03-07T22:09:15Z |
publishDate | 2022-12-01 |
publisher | Universidade Federal do Paraná |
record_format | Article |
series | Revista de Investigações Constitucionais |
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 |