Cannibalism and Common Law: A Victorian Yachting TragedyBloomsbury Academic, 1994 - 353 páginas Cannibalism and the Common Law is an enthralling classic of legal history. It tells the tragic story of the yacht Mignonette, which foundered on its way from England to Australia in 1884. The killing and eating of one of the crew, Richard Parker, led to the leading case in the defence of necessity, R. v. Dudley and Stephens. It resulted in their being convicted and sentenced to death, a sentence subsequently commuted. In this tour de force Brian Simpson sets the legal proceedings in their broadest historical context, providing a detailed account of the events and characters involved and of life at sea in the time of sail. Cannibalism and the Common Law is a demonstration that legal history can be written in human terms and can be compulsive reading. This brilliant and fascinating book, a marvelous example of eareful historical detection, and first-class legal history, written by a master. |
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... necessity might operate as a complete defense , " But before the protection of the law of necessity can be invoked , a case of necessity must exist , the slayer must be faultless , he must owe no duty to the victim , be under no ...
... necessity " the penal laws pass over such a case in silence ; for law is made to meet but the ordinary exigencies of life . ” The idea that extreme circumstances place men outside the ambit of the law is not always clearly separated ...
... necessity in capital cases was relevant to mercy only , never to conviction : a matter for the Home Office , not the courts . The legal arguments in the case turned partly on commonsense suggestions as to what the law ought reasonably ...
Conteúdo
Sergeant Laverty Makes an Arrest | 1 |
The Mignonette Goes Foreign | 13 |
The Horrid Deed | 55 |
Direitos autorais | |
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