INTRODUCTION

1 THE RATIONALE OF PRIVATE DEFENCE

1.1 The Distinction between Justification and Excuse

1.2 The Distinction between an Offence and a Defence

1.3 The Rationale of Private Defence from a Historical Perspective

1.4 Private Defence as an Excuse

1.5 Private Defence as a Justification

1.6 The Proposed Rationale

2 PRIVATE DEFENCE： A COMPARATIVE ANALYSIS

2.1 General

2.2 Private Defence in English and American Law

3 THE ELEMENTS OF PRIVATE DEFENCE

3.1 General

3.2 The Scope of Application of the Defence

3.3 Which Values may be Justifiably Defended?

3.4 The Source of Danger and the Character of the Attack

3.5 The Severity of Danger

3.6 The Necessity Requirement

3.7 The Immediacy Requirement

3.8 The Proportionality Requirement

3.9 The Duty to Retreat

3.10 The Mental Element

4 INTERNAL DISTINCTIONS IN PRIVATE DEFENCE

4.1 General (and Self-Defence)

4.2 Defence of Another Person

4.3 Defence of Property

4.4 Defence of Another Person’s Property

4.5 Defence of the Dwelling

5 ADDITIONAL ISSUES IN PRIVATE DEFENCE

5.1 General

5.2 Putative Private Defence

5.3 Deviation from the Conditions of Private Defence

5.4 Situation of Private Defence Caused by the Actor Bearing Guilt

5.5 The Defensive Action of Battered Women

EPILOGUE： THE PROPOSED LAW

Bibliography

Index