Civil procedure and criminal process concern the principles that courts should comply with as a trial and appeals proceed. In distinctive circumstances defences can apply to particular acts, such as killing in self defence, or pleading insanity. Another instance Law is within the 19th-century English case of R v Dudley and Stephens, which examined a defence of “necessity”. Three crew members and Richard Parker, a 17-year-old cabin boy, were stranded on a raft. They argued it was necessary to kill the cabin boy to preserve their own lives.
John Austin’s utilitarian reply was that law is “commands, backed by risk of sanctions, from a sovereign, to whom people have a habit of obedience”. Natural lawyers on the opposite side, corresponding to Jean-Jacques Rousseau, argue that law displays essentially moral and unchangeable laws of nature. The idea of “natural law” emerged in ancient Greek philosophy concurrently and in connection with the …Continue Reading