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Ian Howard Dennis 《Criminal Law and Philosophy》2009,3(1):29-49
The article reviews recent developments in England in the law of necessity as a defence to crime and calls for its further
extension. It argues that the defence of necessity presents the criminal law with difficult questions of competing values
and the ordering of harms. English law has taken a nuanced position on the respective roles of the courts and the legislature
in the ordering of harms, although the development of the law has been pragmatic rather than coherently theorised. The law
has granted necessity some scope as an exculpatory principle in the law of general defences, but it has also respected the
primacy of the legislature as the legitimate arbiter of many of the competitions of value that necessity throws up. The recognition
of necessity has not been in the form of a single unified defence of that name. Rather it has taken the form of a number of
defences, based on a principle of necessity, but with different nomenclature and different rationales. This approach to necessity
is defended as right in terms of principle and policy. Any further development of necessity as a general defence should be
restricted to two contexts, namely those of emergencies, and of conflicts of duty, where a danger of death or serious injury
is present.
相似文献
Ian Howard DennisEmail: |
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The world has seen three waves of property. The first hark backcenturies and relate to real and personal propertysuch as land and chattel, also known as immovable and movableproperty. The second gained recognition around the nineteenthcentury and relates to propertization of the laboursof the mind or intellectual property. Thethird wave came within a much shorter period and starting togain recognition and it is what is known as virtual property.The law and policy-makers have had to surmount not only a steeplearning curve but also in some cases a foundation that is wroughtwith mistakes when it comes to the treatment that should begiven to virtual property. The Domain Name System (DNS) is thebest example of a form of virtual property that has given riseto challenges in law making and administration. The landgrab of domain names in the World Wide Web (WWW) havegiven rise to a virtual tsunami of registrations and this hasled to the subsequent erection of levees in the form of a challengeregime. This paper will identify and consider the problems thatthe DNS is facing and suggest the changes that have to be madeto it in order for it to withstand the forces of what will bean increasingly rising sea of domain names on the WWW. This paper will begin with a look at the fissures in the seabedof the DNS by comparing how the management and policies relatingto domain name registration and challenge have shifted and divergedin different jurisdictions as well as by examining the inadequaciesof the original registration regime (ICANN) and challenge policy(UDRP). After identifying the problem, suggestions will be madeto resolve them in the best possible way, which require a revisitof the stakeholder and policy interests in the Internet andthe ownership and control of domain names that essentially functionas an important gateway to the WWW in order to rebalance theseinterests in an attempt to achieve greatest equilibrium. Amendmentswill be proposed to both the registration and challenge regimesas well as to the structure and hierarchy of domain name administrationwhich should be a globally coordinated effort just as the DNSis a common entryway to the global property that is the WWW. 相似文献
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AbstractOfficial figures claim that almost 3000 people were killed, and many more injured or displaced, in four days of rioting aimed at the Sikh population of Delhi in late October and early November 1984 following the assassination of Indira Gandhi. This article analyses the efforts made to address the human rights violations that occurred. It argues that as a divided democracy, India has struggled to do justice to the victims, despite multiple commissions of inquiry, compensation schemes and a prime ministerial apology. It argues that this has occurred not simply because of challenges commonly faced by democracies dealing with similar incidents, but also because of the particular problems faced in a context in which we see continuity of rule by a political elite allegedly implicated in the abuse and in which there is acute concern for the survival of a fragile divided polity. 相似文献
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Evaluation, Policy Learning and Evidence-Based Policy Making 总被引:3,自引:0,他引:3
Ian Sanderson 《Public administration》2002,80(1):1-22
The increasing emphasis on the need for evidence-based policy indicates the continuing influence of the 'modernist' faith in progress informed by reason. Although the rationalist assumptions of evidence-based policy making have been subject to severe challenge from constructivist and post-modernist perspectives, it is argued that the attempt to ground policy making in more reliable knowledge of 'what works' retains its relevance and importance. Indeed, its importance is enhanced by the need for effective governance of complex social systems and it is argued that 'reflexive social learning' informed by policy and programme evaluation constitutes an increasingly important basis for 'interactive governance'. The expanded use of piloting of new policies and programmes by the current UK Government is considered to provide limited scope for evaluation to derive reliable evidence of whether policies work. There is a need for greater clarity about the role of evaluation in situations where piloting essentially constitutes 'prototyping'. More emphasis should be placed on developing a sound evidence base for policy through long-term impact evaluations of policies and programmes. It is argued from a realist position that such evaluation should be theory-based and focused on explaining and understanding how policies achieve their effects using 'multi-method' approaches. 相似文献