CAAFlog
  • Home

CAAFlog

Bengs on Self-Defense

5/4/2021

0 Comments

 
"All U.S. jurisdictions recognize individual self-defense as an inherent right belonging to each person. As an inherent right, self-defense is rooted firmly in natural law, as opposed to positive law, which entails a revocable grant from a sovereign. This article contends that prior legal recognition of such an inherent right precludes a sovereign from unilaterally limiting an individual military member’s exercise of or claim to self-defense. The story of U.S. Marine Corps Medal of Honor recipient Sergeant Dakota L. Meyer serves as a vehicle for the argument that the U.S. military is improperly limiting the right of individual self-defense and the closely related doctrine of defense of others. In support of this contention, the scope of individual self-defense guaranteed by the criminal justice systems of the U.S. military and a majority of states is compared with the scope of self-defense permitted for U.S. military personnel operating in a foreign battlespace."

From SELF-DEFENSE UNDER SIEGE: CREEPING CRIMINALIZATION OF INDIVIDUAL SELF-DEFENSE IN THE U.S.MILITARY, by Brian Bengs.
0 Comments

Your comment will be posted after it is approved.


Leave a Reply.

    Picture
    Picture
    Picture
    Links
    CAAF
    -Daily Journal
    -Current Term Opinions
    ACCA
    AFCCA
    CGCCA
    NMCCA
    Joint R. App. Pro.
    Global MJ Reform
    LOC Mil. Law
    Army Lawyer
    Resources

    Categories

    All
    Daily Journal
    MJ Reform
    Question Time
    Scholarship
    Top Of The Year 2021
    Unanimous
    Week In Review

    Archives

    April 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    August 2021
    July 2021
    June 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020

The views expressed on this website are expressed in the authors' personal capacities.
Proudly powered by Weebly
  • Home