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Reflections on Dudley and Stephens and Killing the Innocent: Taking a Wrong Conceptual Path

The Sanctity of Life and the Criminal Law: The Legacy of Glanville Williams, Dennis J. Baker and Jeremy Horder, eds., 2013, Forthcoming

22 Pages Posted: 8 Dec 2012  

Joshua Dressler

Ohio State University (OSU) - Michael E. Moritz College of Law

Date Written: 2012

Abstract

This is a chapter of a book, Glanville Williams: The Sanctity of Life and the Criminal Law, to be published in 2013 by Cambridge University Press. In this chapter I argue that the famous "lifeboat" case of Dudley and Stephens was wrongly decided because Lord Coleridge failed to distinguish between the criminal law defense concepts of justification and excuse; and Professor Glanville Williams, in his critique of the case, also failed to focus on this important distinction.

Keywords: criminal law, homicide, justification, excuse, necessity, duress

Suggested Citation

Dressler, Joshua, Reflections on Dudley and Stephens and Killing the Innocent: Taking a Wrong Conceptual Path (2012). The Sanctity of Life and the Criminal Law: The Legacy of Glanville Williams, Dennis J. Baker and Jeremy Horder, eds., 2013, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2186373

Joshua Dressler (Contact Author)

Ohio State University (OSU) - Michael E. Moritz College of Law ( email )

55 West 12th Avenue
Columbus, OH 43210
United States

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