The right to legitimate harm as a natural human right: reflections on the legal nature of circumstances that exclude the criminal wrongfulness of an act

Abstract

In the article, the right of a person to harm law enforcement interests in the presence of the actual composition of circumstances that exclude the criminal wrongfulness of an act is considered as a natural human right. A person, in the event of damage to law-enforcement interests, realizes the legitimacy of such natural rights as the right to happiness, the right to life, the right to health, the right to honor and dignity. Universal in this case is the right to happiness (personal and/or social), which can be pursued by a person in the event of harm in the presence of any circumstance that excludes the criminal wrongfulness of the act. The right to harm law enforcement interests in the presence of circumstances in the actions of a person that exclude the criminal wrongfulness of an act is realized through the possibilities of natural human rights, and the powers themselves derive from natural law. Given the methodological approach of social naturalism, the unlawful behavior of a sociopathic person, which is characterized by a complex of arbitrariness and illusions, causes the emergence of a state of one of the circumstances that excludes the criminal wrongfulness of the act, is a kind of trigger mechanism for the reverse reaction of the person to whom such unlawful behavior is addressed. In view of the fact that in this way the protection of natural human rights takes place, and the behavior itself meets the requirements put forward by the legislator to some of the circumstances that exclude the criminal wrongfulness of the act, the consciousness and will of a person who harms law-enforcement interests are not in a state of anomie, such a person lacks a complex of arbitrariness and illusions, and the person himself is not sociopathic. In the case of an excess in the defense of their natural rights, when there is a damage that clearly does not correspond to the danger that threatens this person, consciousness and will are struck by a complex of arbitrariness and illusions, and for such unlawful actions a sociopathic person is brought to criminal responsibility.