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THE CONCEPT OF SELF-DEFENSE IN AMERICAN AND POLISH LEGAL SYSTEMS – A COMPARATIVE ANALYSIS

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Ginszt K., Ginszt J.
Review of European and Comparative Law
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2017
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vol. 29
|
issue 2
85-104
PL
The article is devoted to the issue of self-defense in Polish and American law . Currently, there are attempts to widen the scope of necessary self-protection in Polish legislation and to implement provisions which allow for using greater degree of force by a person attacked at home . The justification of the draft refers to the American law which is more developed in the context of the defense of habitation . Thus, the article provides an analysis of existing legal solutions in American criminal law concerning e .g . the legal definition of self-defense, the use of deadly force, the duty to retreat, the castle doctrine and the provisions which expand this doctrine in comparison with the parallel legal solutions existing in Poland .
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