My focus in this chapter is on the moral right to self-defence and, in particular, on the question as to whether this moral right is a natural, institutional or political right. 1 I argue that there is a natural (moral) right to self-defence, a legal (institutional and moral) right to self-defence and a political (institutional and moral) right to collective self-defence, but that these moral rights do not mirror one another since the natural right to self-defence does not depend on a necessity condition, and the necessity condition upon which the legal right to self-defence rests differs importantly from the necessity condition upon which the right to collective self-defence rests. As a preliminary to this exploration of these various (as it turns out) rights to self-defence I need to provide a characterization of the distinction between natural and institutional rights. I understand political rights to be a species of institutional rights; specifically, rights pertaining to political institutions.
|Title of host publication||Political and legal approaches to human rights|
|Editors||Tom Campbell, Kylie Bourne|
|Place of Publication||Oxon, UK|
|Number of pages||11|
|ISBN (Electronic)||9781315179711, 9781351717182, 9781351717168, 9781351717175|
|Publication status||Published - 2018|
Miller, S. (2018). The 'human' right to self-defence: Natural, institutional or political right? In T. Campbell, & K. Bourne (Eds.), Political and legal approaches to human rights (pp. 203-213). Routledge. https://doi.org/10.4324/9781315179711