A Private Justice Defence

This chapter analyses the possibility of excluding liability in cases of harm-causing behaviours that correct or purport to correct situations of injustice. The proposed private justice defence would be modelled upon existing defences, such as self-defence and necessity, while filling in the gaps and accounting for the differences between the respective purposes. Hence, the following elements of the private justice defence are devised: (i) a situation of injustice; (ii) the irrelevance of motive; and (iii) proportionality, including the tests of suitability, necessity and proportionality stricto sensu . Finally, upper limits must be set as to the consequences of a private justice action. It may appear that a judgement on all these criteria can hardly be asked of a common person. However, it is argued that when someone places themselves in the position of judge, that person ought to be held to a high standard of diligence. In addition, the present time calls for a more stringent standard of care, due to the threats posed by technology to our perception of reality. It is posited that the emergence of a bonus paterfamilias of the information age is vital to curtailing the risks of our times.