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Academic
: Legal Theory BlogKopel on Heller & Self-Defense
By Lawrence Solum
David B. Kopel (Independence Institute) has posted The Natural Right of Self-Defense: Heller's Lesson for the World (Syracuse Law Review, Vol. 58, 2008) on SSRN. Here is the abstract:
The U.S. Supreme Court's decision in District of Columbia v. Heller constitutionalized the right of self-defense, and described self-defense as a natural, inherent right. Analysis of natural law in Heller shows why Justice Stevens' dissent is clearly incorrect, and illuminates a crucial weakness in Justice Breyer's dissent. The constitutional recognition of the natural law right of self-defense has important implications for American law, and for foreign and international law.
Full post as published by Legal Theory Blog on July 29, 2008 (boomark / email).
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