DURESS, NECESSITY: HOW MANY DEFENCES?

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Abstract:

Considers, in light of recent case law developments, whether there is a good case for assimilating duress, necessity, and self-defence within a unified defence of “necessary action”. Argues, contra a recent article by Chris Clarkson, that this is not desirable on the grounds that the structure and rationale of each defence differs in morally significant manner.

Keywords: Necessity; duress; medical intervention; self-defence

Document Type: Research Article

Publication date: January 1, 2005

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  • Until 2007 the King's Law Journal was known as the King's College Law Journal. It was established in 1990 as a legal periodical publishing scholarly and authoritative Articles, Notes and Reports on legal issues of current importance to both academic research and legal practice. It has a national and international readership, and publishes refereed contributions from authors across the United Kingdom, from continental Europe and further afield (particularly Commonwealth countries and USA). The journal includes a Reviews section containing critical notices of recently published books.
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