Rule of Law - in Conflict With Natural Law

In Conflict With Natural Law

Upholding the rule of law can sometimes require the punishment of those who commit offenses that are justifiable under natural law but not statutory law. Heidi M. Hurd raises the example of a battered person who rightly believes that there is a strong probability that her partner will eventually attempt to kill her and her children unless she preemptively kills him. If the law does not permit the acquittal of those who claim self-defense in the absence of an imminent threat of harm, then the person must be punished, or "what will become of the rule of law? For law seemingly ceases to be law if judges are entitled to rethink its wisdom in every case to which it applies and to disregard it whenever it is inferior to the rule that they would fashion. Under the Coroners and Justice Act 2009 the defence of 'loss of self control' was created under s.54 and s.55. This removed the time restraint which allows battered persons the possibility of arguing this defence"

Read more about this topic:  Rule Of Law

Famous quotes containing the words conflict, natural and/or law:

    Children in home-school conflict situations often receive a double message from their parents: “The school is the hope for your future, listen, be good and learn” and “the school is your enemy. . . .” Children who receive the “school is the enemy” message often go after the enemy—act up, undermine the teacher, undermine the school program, or otherwise exercise their veto power.
    James P. Comer (20th century)

    The persons who constitute the natural aristocracy, are not found in the actual aristocracy, or, only on its edge; as the chemical energy of the spectrum is found to be greatest just outside of the spectrum.
    Ralph Waldo Emerson (1803–1882)

    No law is sufficiently convenient to all.
    Titus Livius (Livy)