Necessity: Duress of Circumstances or Moral Involuntariness?

Glenys Neale Williams

doi:10.1350/clwr.2014.43.1.0262

NecessityDuress of Circumstances or Moral Involuntariness?

Standard

Necessity : Duress of Circumstances or Moral Involuntariness? / Williams, Glenys Neale.

In: Common Law World Review, Vol. 43, No. 1, 03.2014, p. 1-28.

Research output: Contribution to journal › Article › peer-review

Bibtex - Download

@article{5b4bda048c414c76a04f148477092622,

title = "Necessity: Duress of Circumstances or Moral Involuntariness?",

abstract = "While the Canadian Supreme Court has accepted necessity as an excuse on the basis of moral involuntariness, English and Welsh courts have adopted a different route by incorporating excusatory necessity into duress of circumstances. The objective element of this defence prevents the defendant's characteristics from being taken into account, and assumes a level of courage. In a defence where the fear emotion is the prevalent feature, this paper questions whether judges in England and Wales have taken the wrong path by implementing a necessity defence as a form of duress",

keywords = "necessity, excuse, justification, character, choice theory, capacity theory, fear emotion, courage",

author = "Williams, {Glenys Neale}",

year = "2014",

month = mar,

doi = "10.1350/clwr.2014.43.1.0262",

language = "English",

volume = "43",

pages = "1--28",

journal = "Common Law World Review",

issn = "1473-7795",

publisher = "SAGE Publishing",

number = "1",

}

RIS (suitable for import to EndNote) - Download

TY - JOUR

T1 - Necessity

T2 - Duress of Circumstances or Moral Involuntariness?

AU - Williams, Glenys Neale

PY - 2014/3

Y1 - 2014/3

N2 - While the Canadian Supreme Court has accepted necessity as an excuse on the basis of moral involuntariness, English and Welsh courts have adopted a different route by incorporating excusatory necessity into duress of circumstances. The objective element of this defence prevents the defendant's characteristics from being taken into account, and assumes a level of courage. In a defence where the fear emotion is the prevalent feature, this paper questions whether judges in England and Wales have taken the wrong path by implementing a necessity defence as a form of duress

AB - While the Canadian Supreme Court has accepted necessity as an excuse on the basis of moral involuntariness, English and Welsh courts have adopted a different route by incorporating excusatory necessity into duress of circumstances. The objective element of this defence prevents the defendant's characteristics from being taken into account, and assumes a level of courage. In a defence where the fear emotion is the prevalent feature, this paper questions whether judges in England and Wales have taken the wrong path by implementing a necessity defence as a form of duress

KW - necessity

KW - excuse

KW - justification

KW - character

KW - choice theory

KW - capacity theory

KW - fear emotion

KW - courage

UR - http://hdl.handle.net/2160/30472

U2 - 10.1350/clwr.2014.43.1.0262

DO - 10.1350/clwr.2014.43.1.0262

M3 - Article