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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... question could of course be analyzed into two questions . First , was it necessary to kill anyone ? Second , if yes , should Richard Parker have been selected ? Whether viewed as one question or two , one would expect the jurymen to ...
... question should ever occur the judges would practically be able to lay down any rule which they considered ex- pedient . " The defense of necessity had indeed been considered by a number of official bodies in the nineteenth century ...
... question raised is not as to their heroism , but as to their legal right to have obeyed the animal instinct in them — an instinct whetted to the keenest edge by sufferings which the most vivid imagination can realize but imperfectly ...
Conteúdo
Sergeant Laverty Makes an Arrest | 1 |
The Mignonette Goes Foreign | 13 |
The Horrid Deed | 55 |
Direitos autorais | |
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