Wednesday, December 19, 2012
Joshua Dressler (Ohio State University (OSU) - Michael E. Moritz College of Law) has posted 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) on SSRN. Here is the 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.