The Human Right of Self-Defense
BYU Journal of Public Law, Vol. 22, 2008
- 1Citations
- 9,882Usage
- 17Captures
Metric Options: CountsSelecting the 1-year or 3-year option will change the metrics count to percentiles, illustrating how an article or review compares to other articles or reviews within the selected time period in the same journal. Selecting the 1-year option compares the metrics against other articles/reviews that were also published in the same calendar year. Selecting the 3-year option compares the metrics against other articles/reviews that were also published in the same calendar year plus the two years prior.
Example: if you select the 1-year option for an article published in 2019 and a metric category shows 90%, that means that the article or review is performing better than 90% of the other articles/reviews published in that journal in 2019. If you select the 3-year option for the same article published in 2019 and the metric category shows 90%, that means that the article or review is performing better than 90% of the other articles/reviews published in that journal in 2019, 2018 and 2017.
Citation Benchmarking is provided by Scopus and SciVal and is different from the metrics context provided by PlumX Metrics.
Example: if you select the 1-year option for an article published in 2019 and a metric category shows 90%, that means that the article or review is performing better than 90% of the other articles/reviews published in that journal in 2019. If you select the 3-year option for the same article published in 2019 and the metric category shows 90%, that means that the article or review is performing better than 90% of the other articles/reviews published in that journal in 2019, 2018 and 2017.
Citation Benchmarking is provided by Scopus and SciVal and is different from the metrics context provided by PlumX Metrics.
Paper Description
Does a woman have a human right to resist rape or murder? Do people have a human right to resist tyranny? The United Nations Human Rights Council has said no - that international law recognizes no human right of self-defense. To the contrary, the Human Rights Council declares that very severe gun control - more restrictive than even the laws of New York City - is a human right. Surveying international law from its earliest days to the present, this Article demonstrates that self-defense is a widely-recognized human right which no government and no international body have the authority to abrogate. The issue is especially important today, as many international advocates of international gun prohibition are using the United Nations to deny and then eliminate the right of self-defense. For example, the General Assembly is creating an Arms Trade Treaty which would define arms sales to citizens in the United States as a human rights violation, because American law guarantees the right to use lethal force, when no lesser force will suffice, against a non-homicidal violent felony attack. The article analyzes in detail the Founders of international law - the great scholars in the fourteenth through eighteenth centuries who created the system of international law. The Article then looks at the major legal systems which have contributed to international law, such as Greek law, Roman law, Spanish law, Jewish law, Islamic law, Canon law, and Anglo-American law. In addition, the article covers the full scope of contemporary international law sources, including treaties, the United Nations, constitutions from Afghanistan to Zimbabwe, and much more. The Article shows that international law - particularly its restraints on the conduct of warfare - is founded on the personal right of self-defense.
Bibliographic Details
Provide Feedback
Have ideas for a new metric? Would you like to see something else here?Let us know