The paper exposes a reconstruction of the legal and moral foundations of the right to selfdefense in the criminal law, as well as its relationship to the idea of criminal wrongdoing. Self-defense is theoretically founded through an interpretation of the concept of threat of unlawful violence as a formal infringement of prohibitions which constitute subjective rights of others and must be therefore attributed to the responsability of the aggressor. In its second part, the article attempts to reconstruct the systematic relationship between the rules of attribution of legal responsibility (imputation) for a crime and legal responsibility for a threat of unlawful violence as a second base of the theory of the right to self-defense.
|Título traducido de la contribución
|Wrongdoing and aggression in self-defense. A juridical theory of self-defense
|Número de páginas
|Publicada - dic. 2015
- Rules of attribution
- Threat of unlawful violence