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The Divorce or the Marriage of Morality and Law?: The Defence of Necessity in Pacific Island Countries

Forsyth, Miranda


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]

CollectionsANU Research Publications
Date published: 2010
Type: Journal article
Source: Criminal Law Forum
DOI: 10.1007/s10609-010-9114-0


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