Abusive Relationships and Violent Responses: The Reorientation of Self-Defense in Australia
Date
2009
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Texas Tech Law Review
Abstract
The present Article is in three main parts. Part I discusses the difficulties in accommodating violent responses to battering within a traditional scheme of defenses, which is constructed around the distinction between justifications and excuses and designates self-defense as a justification. Part II analyzes recent developments in the law of self-defense in Australia. Self-defense in much of Australia has been effectively reoriented away from the model of a defense of justification. Part III offers some reflections on the significance of this reorientation for theories of exculpatory defenses, which are based on the distinction between justifications and excuses.
Description
Keywords
Abusive relationships, Violent responses, Self-defense, Australian models for self-defense, Historical models, Reform models, Abandonment of the model of justification, Theories of exculpatory defenses
Citation
Eric Colvin, Abusive Relationships and Violent Responses: The Reorientation of Self-Defense in Australia, 42 Tex. Tech L. Rev. 339 (2009-2010)