Shooting to Kill
Socio-Legal Perspectives on the Use of Lethal Force
1st Edition
Published on 5. November 2012
342 pages
978-1-78225-043-2 (ISBN)
Description
The present book brings together perspectives from different disciplinary fields to examine the significant legal, moral and political issues which arise in relation to the use of lethal force in both domestic and international law. These issues have particular salience in the counter terrorism context following 9/11 (which brought with it the spectre of shooting down hijacked airplanes) and the use of force in Operation Kratos that led to the tragic shooting of Jean Charles de Menezes. Concerns about the use of excessive force, however, are not confined to the terrorist situation. The essays in this collection examine how the state sanctions the use of lethal force in varied ways: through the doctrines of public and private self-defence and the development of legislation and case law that excuses or justifies the use of lethal force in the course of executing an arrest, preventing crime or disorder or protecting private property. An important theme is how the domestic and international legal orders intersect and continually influence one another. While legal approaches to the use of lethal force share common features, the context within which force is deployed varies greatly. Key issues explored in this volume are the extent to which domestic and international law authorise pre-emptive use of force, and how necessity and reasonableness are legally constructed in this context.
More details
Series
Edition
1. Auflage
Language
English
Place of publication
London
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
Professional and scholarly
ISBN-13
978-1-78225-043-2 (9781782250432)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
Simon Bronitt | Miriam Gani | Saskia Hufnagel
Shooting to Kill
Socio-Legal Perspectives on the Use of Lethal Force
Book
11/2012
1st Edition
Hart Publishing
€133.70
Shipment within 15-20 days
Persons
Simon Bronitt is Director of the ARC Centre of Excellence in Policing and Security at Griffith University in Brisbane.His research interests include criminal justice issues, including counter terrorism law and human rights, covert policing, telecommunications interception and international criminal law.
Miriam Gani is an Associate Professor in Law at the ANU College of Law at the Australian National University in Canberra. Her teaching and research interests are in criminal law, especially Australian Federal Criminal Law.
Saskia Hufnagel is a Research Fellow at the ARC Centre of Excellence in Policing and Security at Griffith University in Brisbane. Her research focuses on comparative criminal and human rights law.
Miriam Gani is an Associate Professor in Law at the ANU College of Law at the Australian National University in Canberra. Her teaching and research interests are in criminal law, especially Australian Federal Criminal Law.
Saskia Hufnagel is a Research Fellow at the ARC Centre of Excellence in Policing and Security at Griffith University in Brisbane. Her research focuses on comparative criminal and human rights law.
Content
PART I: THEORETICAL AND ETHICAL PERSPECTIVES
Chapter 1
The Rule of Law, Legal Positivism and States of Emergency
Tom Campbell
Chapter 2
Civil Emergencies and the Claims of Innocence
John Kleinig and Tziporah Kasachkoff
Chapter 3
The Right to Life Between Absolute and Proportional Protection
Kai Möller
Chapter 4
Can States Commit Crimes?
Andrew Vincent
Chapter 5
Law, Death and Denial in the 'Global War on Terror'
Russell Hogg
PART II: LEGAL FRAMEWORKS FOR SHOOTING TO KILL
Chapter 6
Sooting to Kill Innocents: Necessity, Self-Defence and Duress in the Commonwealth Criminal Code
Ian Leader-Elliott
Chapter 7
Regulating Reasonable Force: Policing in the Shadows of the Law
Simon Bronitt and Miriam Gani
Chapter 8
When Shooting to Kill is Authorised by the State: A Feminist Analysis
Kylie Weston-Scheuber
Chapter 9
Fundamental Rights and Fundamental Difference: Comparing the Right to Human Dignity and Criminal Liability in
Germany and Australia
Saskia Hufnagel
Part III Shooting to Kill in Context: Case Studies
Chapter 10
The Fatal Police Shooting of Jean Charles de Menezes: Is Anyone Responsible?
Ian Gordon and Seumas Miller
Chapter 11
The Use of Lethal Force in Counter-Piracy Operations off Somalia
Douglas Guilfoyle and Andrew Murdoch
Chapter 12
Unlawful Killing with Combat Drones: A Case Study of Pakistan, 2004-2009
Mary Ellen O'Connell
Chapter 13
Corporations that Kill: Prosecuting Blackwater
David Kinley and Odette Murray
Chapter 1
The Rule of Law, Legal Positivism and States of Emergency
Tom Campbell
Chapter 2
Civil Emergencies and the Claims of Innocence
John Kleinig and Tziporah Kasachkoff
Chapter 3
The Right to Life Between Absolute and Proportional Protection
Kai Möller
Chapter 4
Can States Commit Crimes?
Andrew Vincent
Chapter 5
Law, Death and Denial in the 'Global War on Terror'
Russell Hogg
PART II: LEGAL FRAMEWORKS FOR SHOOTING TO KILL
Chapter 6
Sooting to Kill Innocents: Necessity, Self-Defence and Duress in the Commonwealth Criminal Code
Ian Leader-Elliott
Chapter 7
Regulating Reasonable Force: Policing in the Shadows of the Law
Simon Bronitt and Miriam Gani
Chapter 8
When Shooting to Kill is Authorised by the State: A Feminist Analysis
Kylie Weston-Scheuber
Chapter 9
Fundamental Rights and Fundamental Difference: Comparing the Right to Human Dignity and Criminal Liability in
Germany and Australia
Saskia Hufnagel
Part III Shooting to Kill in Context: Case Studies
Chapter 10
The Fatal Police Shooting of Jean Charles de Menezes: Is Anyone Responsible?
Ian Gordon and Seumas Miller
Chapter 11
The Use of Lethal Force in Counter-Piracy Operations off Somalia
Douglas Guilfoyle and Andrew Murdoch
Chapter 12
Unlawful Killing with Combat Drones: A Case Study of Pakistan, 2004-2009
Mary Ellen O'Connell
Chapter 13
Corporations that Kill: Prosecuting Blackwater
David Kinley and Odette Murray
