The limits of justifiable harm in defense of private property: a jurisprudential analysis from the perspective of proportionality principle

The right to defend private property is a fundamental yet contentious legal principle across jurisdictions. This paper examines the inherent tension between this right and the requirement for proportional force. Employing doctrinal analysis of key legislation (e.g., UK Criminal Law Act 1967) and case law (e.g.,R (Daly)), alongside theoretical frameworks from Locke and Beccaria, this study asks: how can legal systems effectively balance the right to property defence with the paramount right to life, and what are the societal consequences of failing to do so?

The analysis concludes that while the right to defend property is crucial, its exercise must be constrained by the proportionality principle to prevent unjustifiable violence and maintain social order. The findings advocate for clearer judicial guidelines to ensure consistent application of this balance.