CrimProf Blog

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

Monday, July 27, 2015

Ferzan on Moore on Self Defense

Ferzan kimberlyKimberly Kessler Ferzan (University of Virginia, School of Law) has posted Self Defense: Tell Me Moore (Legal, Moral, and Metaphysical Truths: The Philosophy of Michael S. Moore (Kimberly Kessler Ferzan and Stephen J. Morse eds., Oxford University Press), Forthcoming) on SSRN. Here is the abstract:

Although Michael Moore has theorized much of the criminal law, he has left self-defense virtually untouched. This festschrift chapter sets forth the current debates within self-defense theory. It then pieces together Moore’s views about these puzzles, arguing that Moore adopts a distributive view of self-defense whereby an innocent victim may redistribute harm to its culpable or innocent cause. The chapter then questions some of Moore’s claims, including how Moore grounds the self-defensive right against innocent aggressors and threats, whether self-defense is best viewed as a mechanism for harm distribution, and whether Moore needs something like the forfeiture concept that he rejects. The chapter concludes by demonstrating that Moore’s commitments in self-defense would justify a deterrence-based criminal law and by asking how this result can be reconciled with Moore’s retributivist commitments.

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