Killing Under Duress
作者:
SUZANNE UNIACKE,
期刊:
Journal of Applied Philosophy
(WILEY Available online 1989)
卷期:
Volume 6,
issue 1
页码: 53-70
ISSN:0264-3758
年代: 1989
DOI:10.1111/j.1468-5930.1989.tb00378.x
出版商: Blackwell Publishing Ltd
数据来源: WILEY
摘要:
ABSTRACT The House of Lords ruled inR v Howe(1987) that Duress is not a defence to murder in English law. Some of the central arguments rested on a simple view about the nature of duress and the way in which duress is relevant in moral evaluation. This paper discusses legal and non‐legal senses of duress, and argues that duress can be relevant to moral evaluation in a number of different ways. Some acts under duress are morally justified (here the defence of Duress is like that of Necessity) and some others are excusable; some excuses deny full responsibility on the part of the agent (here Duress is more like Provocation) and others do not. The judicial description of duress inHoweis too specific to notice this, with the consequence that some of the central claims made in dismissing Duress as a defence to murder are confu
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