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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  • 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). Routledge. https://doi.org/10.4324/9781315179711