• Login
    View Item 
    •   Home
    • Yale Law School Faculty Scholarship
    • Faculty Scholarship Series
    • View Item
    •   Home
    • Yale Law School Faculty Scholarship
    • Faculty Scholarship Series
    • View Item
    JavaScript is disabled for your browser. Some features of this site may not work without it.

    Browse

    All of openYLSCommunitiesPublication DateAuthorsTitlesSubjectsThis CollectionPublication DateAuthorsTitlesSubjects

    My Account

    LoginRegister

    Statistics

    Display statistics

    A Procedural Rationale for the Necessity Defense

    • CSV
    • RefMan
    • EndNote
    • BibTex
    • RefWorks
    Thumbnail
    Name:
    A_Procedural_Rationale_for_the ...
    Size:
    168.9Kb
    Format:
    PDF
    Download
    Author
    Yaffe, Gideon
    
    Metadata
    Show full item record
    URI
    http://hdl.handle.net/20.500.13051/3136
    Abstract
    The lion comes daily to the library and is beloved by the patrons and by the head librarian, Miss Merriweather. The library has many rules, but only one of them is of particular importance to the lion: no roaring allowed. The penalty for violation, as the lion well knows, is nothing less than excommunication. When Miss Merriweather falls and breaks her arm while reaching to a high shelf, the lion finds that the only way he can get help is to roar. The embittered assistant librarian, Mr. McBee, enforces the rule and the lion has no choice but to leave the library. At this point, the child who is listening to the illustrated book Library Lion, recoils in horror. How can it be, thinks the child, that someone could be punished for doing what was clearly the best thing to do in the circumstances? The child’s horror is reflected in the criminal law in the affirmative defense of necessity, also called the lesser evils defense. A defendant who uses it says that, given the peculiar circumstances he faced, the act for which he is charged with a crime was better, all told, than any alternative. Some patrons are disturbed, to be sure, but Miss Merriweather gets the medical attention she badly needs. Alternatively, to give an example of the sort that actually appears in the law, the defendant trespasses in order to prevent a fire from spreading, arguing that the trespass is much less bad than the fire damage that was thereby prevented.
    Collections
    Faculty Scholarship Series

    entitlement

     
    DSpace software (copyright © 2002 - 2022)  DuraSpace
    Quick Guide | Contact Us
    Open Repository is a service operated by 
    Atmire NV
     

    Export search results

    The export option will allow you to export the current search results of the entered query to a file. Different formats are available for download. To export the items, click on the button corresponding with the preferred download format.

    By default, clicking on the export buttons will result in a download of the allowed maximum amount of items.

    To select a subset of the search results, click "Selective Export" button and make a selection of the items you want to export. The amount of items that can be exported at once is similarly restricted as the full export.

    After making a selection, click one of the export format buttons. The amount of items that will be exported is indicated in the bubble next to export format.