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File name: SSRN-id1345763. ; Size: 186K
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Justification under Authority
John Gardner
University of Oxford - Faculty of Law
February 18, 2009
Oxford Legal Studies Research Paper No. 5/2009
Abstract:
In this paper I discuss and reply to Malcolm Thorburn's important article 'Justifications, Powers, and Authority', Yale Law Journal 117 (2008), 1070. My discussion raises a wide range of conceptual and doctrinal questions about Thorburn's account of justification defences, and about the theory of justfication defences more generally. The paper also trespasses on some broader questions about the nature of law and its relationship to morality.
Number of Pages in PDF File: 49
Keywords: criminal law, defences, nature of law, legal positivism, consent, self-defence, arrest, rule of law
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Date posted: February 20, 2009
Suggested CitationGardner, John, Justification under Authority (February 18, 2009). Oxford Legal Studies Research Paper No. 5/2009. Available at SSRN: http://ssrn.com/abstract=1345763 or http://dx.doi.org/10.2139/ssrn.1345763
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