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CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY public duty (a) Except as qualified by Subsections (b) and (c), conduct is justified if the actor reasonably believes the conduct is required or authorized by law, by the judgment or order of a competent court or other governmental tribunal, or in the execution of legal process
CONTRACTUALIST JUSTIFICATION AND THE DIRECTION OF A DUTY According to Scanlon’s Contractualist account of justification, a duty is grounded in the generic interest which is pairwise dominant in a comparison of the generic inter- ests that favor alternative principles 1 This suggests a Contractualist Generic Interest Theory
Article 35 NY Penal Law - Defense of Justification | NY Laws Whenever evidence relating to the defense of justification under this subdivision is offered by the defendant, the court shall rule as a matter of law whether the claimed facts and circumstances would, if established, constitute a defense
Justification and Duty | Oxford Studies in Philosophy of Law Volume 5 . . . It is because the duty was breached that a justification is required Others claim that a breach of duty is what pleading a justificatory defence denies It is by showing that no breach occurred that one clinches the justification
(PDF) Justification and Duty - Academia. edu I also argue that the natural duty of justice works as a non-hypothetical justification for why the principles are binding This because the natural duty of justice does not depend on agreements to hold and, as such, makes any principle of justice binding
The Duty and Right to Justification in Legal Dilemmas Grounding on the philosophical significance of the relationships between law, tragic and the phenomenon of undecidability as well as on cases from different jurisdictions, I claim that it is possible to argue for a “right to justification” in legal dilemmas
Kelley Annesley Dissertation Final - Justification, Responsibility, and . . . epistemic duty, and that it is best thought of as a prima facie epistemic duty I also argue that individuals are epistemically irresponsible when they fail to fulfill an epistemic duty to acquire evidence, if that duty is their “all-out” (non-prima facie) epistemic duty at a time
JUSTIFICATION: USE OF DEADLY PHYSICAL FORCE IN DEFENSE OF A PERSON . . . [With respect to count(s) (specify),] [T]he defendant has raised the defense of justification, also known as self-defense The defendant, however, is not required to prove that he was justified The People are required to prove beyond a reasonable doubt that the defendant was not justified