The defense of necessity considered from the legal and moral points of view

Authors
Citation
Gc. Christie, The defense of necessity considered from the legal and moral points of view, DUKE LAW J, 48(5), 1999, pp. 975-1042
Citations number
83
Categorie Soggetti
Law
Journal title
DUKE LAW JOURNAL
ISSN journal
00127086 → ACNP
Volume
48
Issue
5
Year of publication
1999
Pages
975 - 1042
Database
ISI
SICI code
0012-7086(199903)48:5<975:TDONCF>2.0.ZU;2-Q
Abstract
Questions concerning the scope of the defense of necessity frequently arise in a variety of legal and philosophical discussions. Professor Christie gr apples with the questions raised by this defense: When can property be take n or destroyed to save human life? Must compensation always be paid? Can on e destroy the property of others to save one's own property? Can one kill a n innocent person to save the lives of a greater number of people? Professor Christie submits that much of the discussion of these difficult q uestions is too abstract and based on too cursory a review of the few legal authorities on the subject. He explores the authorities in depth, and conc ludes, among other things, that someone who destroys property to save human life is not generally required to pay compensation for the property destro yed, and that private individuals can never use the defense of necessity, e ven when multiple human lives are threatened, to justify intentionally taki ng innocent human life.