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 natural law, conflict, natural and/or law:
“All is changed. All looks strange to me and gives me a feeling which I would rather get away from, although I know it to be the carrying out of natural laws. And I am not complaining. I am doing the same as many old people have done, I suppose, who have led an active life and suddenly find themselves living without a purpose. Oh, my heart is so full. I could write a big book on the subject of going out of this world gracefully.”
—Maria D. Brown (1827–1927)
“I am at peace with God. My conflict is with Man.”
—Charlie Chaplin (1889–1977)
“How natural that the errors of the ancient should be handed down and, mixing with the principles and system which Christ taught, give to us an adulterated Christianity.”
—Olympia Brown (1835–1900)
“No great idea in its beginning can ever be within the law. How can it be within the law? The law is stationary. The law is fixed. The law is a chariot wheel which binds us all regardless of conditions or place or time.”
—Emma Goldman (1869–1940)