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"

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