The 'human' right to self-defence Natural, institutional or political right?

Research output: Book chapter/Published conference paperChapter (peer-reviewed)

Abstract

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.
Original languageEnglish
Title of host publicationPolitical and Legal Approaches to Human Rights
EditorsTom Campbell, Kylie Bourne
Place of PublicationOxon, UK
PublisherRoutledge
Chapter13
Pages203-213
Number of pages11
ISBN (Electronic)9781315179711, 9781351717182, 9781351717168, 9781351717175
ISBN (Print)9781138744585
DOIs
Publication statusPublished - 2018

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self-defense
political right
human rights
Self-defense
Political Rights
Human Rights
political institution
Moral Rights

Cite this

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). Oxon, UK: Routledge. https://doi.org/10.4324/9781315179711
Miller, Seumas. / The 'human' right to self-defence Natural, institutional or political right?. Political and Legal Approaches to Human Rights. editor / Tom Campbell ; Kylie Bourne. Oxon, UK : Routledge, 2018. pp. 203-213
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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. Routledge, Oxon, UK, pp. 203-213. https://doi.org/10.4324/9781315179711

The 'human' right to self-defence Natural, institutional or political right? / Miller, Seumas.

Political and Legal Approaches to Human Rights. ed. / Tom Campbell; Kylie Bourne. Oxon, UK : Routledge, 2018. p. 203-213.

Research output: Book chapter/Published conference paperChapter (peer-reviewed)

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Miller S. The 'human' right to self-defence Natural, institutional or political right? In Campbell T, Bourne K, editors, Political and Legal Approaches to Human Rights. Oxon, UK: Routledge. 2018. p. 203-213 https://doi.org/10.4324/9781315179711