CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Tuesday, December 26, 2017

"The Duty to Retreat in the Founding Era"

Eugene Volokh has this post at The Volokh Conspiracy. In part:

Well, it turns out that Founding-era views on this subject were rather more complex than our guesses -- based on our sense of their world-view -- might suggest.

. . .

And perhaps the complexity of the view, with its distinction between what is required for justifiable homicide and what is required for excusable, helped promote some of the uncertainty in early American law -- and that uncertainty quickly (by 1806) turned into the general stand-your-ground / duty-to-retreat debate.

So we have a longstanding debate here, and one that the Framing generation wouldn't have found to be open-and-shut in either direction.

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