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University of Miami International and Comparative Law Review

Abstract

Self-defense laws have a long history in the jurisprudence of many countries around the world, reflecting the essential right to protect oneself from harm. At their core, self-defense laws seek to balance the rights of individuals against one another in threatening, violent, or high-risk scenarios, presenting a classic legal dilemma—one person’s rights end where another’s begin.

Through a comparative and analytical lens, this Note explores the origins, current state, and impact of self-defense laws, focusing specifically on the United States and the United Kingdom. Tracing the development of self-defense doctrine from its roots in the common law, the analysis highlights the evolution of this legislation and its impact on society—from its intended and positive effects to its unintended ramifications.

The Note further calls for the use of sunset provisions as a mechanism for mitigating negative outcomes and ensuring that the law’s original intent is not lost in its linguistic, structural, or other technical statutory loopholes. By incorporating such provisions in the relevant legislation, law makers could ensure review and adjustment of self-defense laws, responding and adapting to evolving social dynamics, empirical evidence, and unintended negative consequences. This approach could offer a balance, allowing for adjustments to prevent disproportionate harm, while still maintaining the core fundamental protective function of self-defense laws—the central goal being to keep individual rights at the forefront without leaving people without protection in the face of complex situations.

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