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.
Thursday, December 13, 2012
Dressler on Dudley and Stephens, Again
Posted by Dan Ernst
Joshua Dressler, Ohio State Law, has posted Reflections on Dudley and Stephens and Killing the Innocent: Taking a Wrong Conceptual Path, which will appear in The Sanctity of Life and the Criminal Law: The Legacy of Glanville Williams, ed. Dennis J. Baker and Jeremy Horder (Cambridge University Press, 2013), Here is the abstract: