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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

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 Citation

Gardner, John, Justification under Authority (February 18, 2009). Oxford Legal Studies Research Paper No. 5/2009. Available at SSRN: https://ssrn.com/abstract=1345763 or http://dx.doi.org/10.2139/ssrn.1345763

Contact Information

John Gardner (Contact Author)
University of Oxford - Faculty of Law ( email )
St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom
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