Necessity: Duress of Circumstances or Moral Involuntariness?

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

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

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Williams, Glenys Neale. / Necessity: Duress of Circumstances or Moral Involuntariness?. In: Common Law World Review. 2014 ; Vol. 43, No. 1. pp. 1-28.

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@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 = "3",
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 Publications",
number = "1",

}

RIS (suitable for import to EndNote) - Download

TY - JOUR

T1 - Necessity: 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

VL - 43

SP - 1

EP - 28

JO - Common Law World Review

JF - Common Law World Review

SN - 1473-7795

IS - 1

ER -

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