A Comparison of the Spanish and Canadian Law of Self-Defence

Authors

  • Javier Valls Prieto
  • Wayne N. Renke

DOI:

https://doi.org/10.29173/alr172

Abstract

In this article, the rules for self-defence in Canada and Spain are compared and contrasted. We will offer an explanation for the recognition of self-defence, in its several forms; describe some formal similarities and differences between the two versions of the defence; and then compare and contrast the approaches of the defence under eight main themes — interests protected; threats to those interests; mistakes by the defender; time constraints on the defence; measuring conduct falling within the scope of statutory protection; the availability of the defence to a defender who provoked aggression; and the use of evidence that does not fully support the defence.

Downloads

Published

2010-06-01

Issue

Vol 47, No 4

Section

Articles

License

For Editions following and including Volume 61 No. 1, the following applies.

This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License

For Editions prior to Volume 61 No. 1, the following applies.

Author(s) retain original copyright in the substantive content of the titled work, subject to the following rights that are granted indefinitely:

  1. Author(s) grant the Alberta Law Review permission to produce, publish, disseminate, and distribute the titled work in electronic format to online database services, including, but not limited to: LexisNexis, QuickLaw, HeinOnline, and EBSCO;
  2. Author(s) grant the Alberta Law Review permission to post the titled work on the Alberta Law Review website and/or related websites.
  3. Author(s) agree that the titled work may be used for educational or instructional purposes and/or in educational or instructional materials. The author(s) acknowledge that the titled work is subject to other such "fair dealing" provisions and applicable legislation.
  4. Author(s) grant a limited license to those accessing the titled work from an electronic database or an Alberta Law Review website to download the titled work onto their computer and to print a copy for their own personal, non-commercial use, subject to proper attribution.

To use the journal's content elsewhere, permission must be obtained from the author(s) and the Alberta Law Review.