The Matrix of Necessity in Modern Criminal Law
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Beschreibung
This book presents the modern theory of necessity and the current distinctions between necessity and self-defense, dwelling defense and duress. Most legal systems have accepted necessity as general defense. However, justifications for this defense and the distinctions between necessity and tangential in rem general defenses have changed significantly in modern criminal law. In addition, the book presents the function of transformation-of-fault (formerly actio libera in causa) in its modern form. Focusing on the Anglo-American and European-Continental legal systems, the book is divided into four chapters: The Modern Defense of Necessity, Integrating Necessity with the Principle of Fault in Modern Criminal Law, Tangential In Rem Defenses in Criminal Law and their Implications for Necessity, The Function of Transformation of Fault.
The first book that presents the modern theory of necessity, the distinctions between necessity and tangential general defenses, and the function of transformation-of-fault in this context
Develops a complete theory of necessity in criminal law
Of international appeal due to the focus on both the Anglo-American and the European-continental legal systems
Autor*in
Gabriel Hallevy
Themen in »The Matrix of Necessity in Modern Criminal Law«
Actio libera in causa Criminal liability Defense Duress Dwelling Emergency Exculpation Justification Necessity Self-defense Unlawful attack