PHL271H1 Lecture Notes - Algebraic Interior, Indian Act, Thought Experiment

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The queen v. dudley and stephens 14qbd 273 (1884) Style: title of a legal document (the v. refers to and , not versus ) The cabin boy was killed, the boy was week, non threatening and did not consent. The men likely would not have survived without consuming the boy. They had no knowledge of the boat coming. The boy was about to die anyways. The judgement must be made on necessity: was killing the boy a necessity: first step in reasoning: starts by defining necessity, does this through addressing textbook definitions of necessity. Notes that these only address repelling violence, which is a distinction from the current case. New law supporting claims: he canvasses the existing definition and it does not apply. In applying existing law, law and morality are necessarily linked because law appears to be all encompassing.

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