Shooting to kill socio-legal perspectives on the use of lethal force edited by Simon Bronitt, Miriam Gani and Saskia Hufnagel.

Format:

Book

Contributor:

Bronitt, Simon, editor.

Gani, Miriam, editor.

Hufnagel, Saskia, editor.

Series:

Onati international series in law and society.

Onati international series in law and society

Language:

English

Subjects (All):

Police shootings--Law and legislation.

Police shootings.

Police shootings--Moral and ethical aspects.

Police shootings--Political aspects.

Physical Description:

1 online resource (343 p.)

Edition:

1st ed.

Other Title:

Socio-legal perspectives on the use of lethal force

Place of Publication:

Oxford, United Kingdom Portland, Oregon Hart Publishing 2012.

Language Note:

English

Summary:

The present book brings together perspectives from different disciplinary fields to examine the significant legal, moral and political issues which arise in relation to the use of lethal force in both domestic and international law. These issues have particular salience in the counter terrorism context following 9/11 (which brought with it the spectre of shooting down hijacked airplanes) and the use of force in Operation Kratos that led to the tragic shooting of Jean Charles de Menezes. Concerns about the use of excessive force, however, are not confined to the terrorist situation. The essays in this collection examine how the state sanctions the use of lethal force in varied ways: through the doctrines of public and private self-defence and the development of legislation and case law that excuses or justifies the use of lethal force in the course of executing an arrest, preventing crime or disorder or protecting private property. An important theme is how the domestic and international legal orders intersect and continually influence one another. While legal approaches to the use of lethal force share common features, the context within which force is deployed varies greatly. Key issues explored in this volume are the extent to which domestic and international law authorise pre-emptive use of force, and how necessity and reasonableness are legally constructed in this context

Contents:

Pt. I. Theoretical and ethical perspectives

The rule of law, legal positivism and states of emergency / Tom Campbell

Civil emergencies and the claims of innocence / John Kleinig and Tziporah Kasachkoff

The right of life between absolute and proportional protection / Kai Möller

Can states commit crimes? / Andrew Vincent

Law, death and denial in the 'Global War on Terror' / Russell Hogg

pt. II. Legal frameworks for shooting to kill

Shooting to kill innocents : necessity, self-defence and duress in the Commonwealth criminal code / Ian Leader-Elliott

Regulating reasonable force : policing in the shadows of the law / Simon Bronitt and Miriam Gani

When shooting to kill is authorised by the state : a feminist analysis / Kylie Weston-Scheuber

Fundamental rights and findamental difference : comparing the right to human dignity and criminal liability in Germany and Australia / Saskia Hufnagel

pt. III. Shooting to kill in context : case studies

The fatal police shooting of Jean Charles de Menezes : is anyone responsible? / Ian Gordon and Seumas MIller

The use of lethal force in counter-piracy operations offi Somalia / Douglas Guilfoyle and Andrew Murdoch

Unlawful killing with combat drones : a case study of Pakistan, 2004-2009 / Mary Ellen O'Connell

Corporations that kill : prosecuting Blackwater / David Kinley and Odette Murray

PART I: THEORETICAL AND ETHICAL PERSPECTIVES

Chapter 1

The Rule of Law, Legal Positivism and States of Emergency

Tom Campbell

Chapter 2

Civil Emergencies and the Claims of Innocence

John Kleinig and Tziporah Kasachkoff

Chapter 3

The Right to Life Between Absolute and Proportional Protection

Kai Möller

Chapter 4

Can States Commit Crimes?

Andrew Vincent

Chapter 5

Law, Death and Denial in the 'Global War on Terror'

Russell Hogg

PART II: LEGAL FRAMEWORKS FOR SHOOTING TO KILL

Chapter 6

Sooting to Kill Innocents: Necessity, Self-Defence and Duress in the Commonwealth Criminal Code

Ian Leader-Elliott

Chapter 7

Regulating Reasonable Force: Policing in the Shadows of the Law

Simon Bronitt and Miriam Gani

Chapter 8

When Shooting to Kill is Authorised by the State: A Feminist Analysis

Kylie Weston-Scheuber

Chapter 9

Fundamental Rights and Fundamental Difference: Comparing the Right to Human Dignity and Criminal Liability in

Germany and Australia

Saskia Hufnagel

Part III Shooting to Kill in Context: Case Studies

Chapter 10

The Fatal Police Shooting of Jean Charles de Menezes: Is Anyone Responsible?

Ian Gordon and Seumas Miller

Chapter 11

The Use of Lethal Force in Counter-Piracy Operations off Somalia

Douglas Guilfoyle and Andrew Murdoch

Chapter 12

Unlawful Killing with Combat Drones: A Case Study of Pakistan, 2004-2009

Mary Ellen O'Connell

Chapter 13

Corporations that Kill: Prosecuting Blackwater

David Kinley and Odette Murray

Notes:

Description based upon print version of record.

Includes bibliographical references and index

ISBN:

9781472566201

1472566203

9781782250425

1782250425

OCLC:

842883515