Publication: Il conflitto vita contro vita nel diritto penale
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2019-06-28
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Edizioni Ca’ Foscari
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Abstract
Two models of conflicts between lives can be distinguished. Both act astwo levels in resolving a case: only if the first one fails it moves to the second one. The first is the state of objective necessity. It is objective because it is based on a favourable weighing and because this weighing allows the justified intervention of external third parties. This would include communities sharing a danger and extreme cases such as the prevention of massacres. The second is the state of subjective necessity (personal). It is personal because it lacks a favourable weigh and is based, exclusively, on the unenforceability of another behaviour.
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Exculpation, Unenforceability of other behaviour suicide, Personal justification, Weighting between lives, Massacre, Community of danger
Bibliographic citation
Sanchez Dafauce, M. (2019). Il conflitto vita contro vita nel diritto penale. Ricerche giuridiche, 8 (1), pp. 7-38