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African approaches to killing in defence of property
The Comparative and International Law Journal of Southern Africa
Vol. 41, No. 3 (November 2008), pp. 339-352
Published by: Institute of Foreign and Comparative Law
Stable URL: http://www.jstor.org/stable/23253190
Page Count: 14
You can always find the topics here!Topics: Defendants, Property law, Killing, Property rights, Intellectual property law, Criminal law, Criminals, Statutory law, Personal property, Larceny
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This paper comprises a study of approaches by certain African nations to the question of when, if ever, it is permissible to kill in defence of property. Arising from this study, the suggestion is made that the law should recognise a right to apply fatal force where the danger includes a combination of a threat to property and to the person. Furthermore, the law should recognise a partial defence to murder where excessive force has been used in defence of property.
The Comparative and International Law Journal of Southern Africa © 2008 Institute of Foreign and Comparative Law