Abusive Relationships and Violent Responses: The Reorientation of Self-Defense in Australia

Date

2009

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)