The Divorce or the Marriage of Morality and Law?: The Defence of Necessity in Pacific Island Countries
This article develops a new approach to the defence of necessity. Although the discussion is primarily situated in the context of the Pacific Island countries, it has relevance and application to criminal law theory more broadly and also to international criminal law. Working within the framework of the republican theory of criminal justice developed by Braithwaite and Pettit, it proposes two new codified defences: a defence of justified necessity judged according to an objective standard, and...[Show more]
|Collections||ANU Research Publications|
|Source:||Criminal Law Forum|
|01_Forsyth_The_Divorce_or_the_Marriage_of_2010.pdf||257.86 kB||Adobe PDF||Request a copy|
Items in Open Research are protected by copyright, with all rights reserved, unless otherwise indicated.