Doing the Right Thing: Duress as a Defence to Murder

Steve Coughlan

Doing the Right Thing: Duress as a Defence to Murder

Research output: Contribution to journal › Article › peer-review

Abstract

Does a wrong thing become right when everyone would do the wrong thing?

To kill an innocent person who poses no threat to us and has done us no harm is the wrong thing to do. Nonetheless, given the right incentive - saving our own life, saving the lives of our children - virtually all of us would do it. Few of us are so committed to theoretical philosophical positions about right and wrong that as a practical reality we would allow our families to be killed over them. It is easy to imagine the circumstances in which each of us would behave wrongly: does the fact that all of us would do mean that it is no longer wrong?

Original language	Canadian English
Journal	Articles, Book Chapters, & Popular Press
Publication status	Published - Jan. 1 2017

Keywords

Charter
Life Liberty and Security of Person
Principles of Fundamental Justice
Moral Involuntariness
Overbreadth
Defences
Duress Compulsion or Coercion
No Safe Avenue of Escape

Disciplines

Criminal Law
Criminal Procedure
Law

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

Access to Document

https://dal.novanet.ca/permalink/01NOVA_DAL/1nek75v/alma990014190870107190

Cite this

@article{976fc2c1bfd94ff98e78f789a5b91076,

title = "Doing the Right Thing: Duress as a Defence to Murder",

abstract = " Does a wrong thing become right when everyone would do the wrong thing? To kill an innocent person who poses no threat to us and has done us no harm is the wrong thing to do. Nonetheless, given the right incentive - saving our own life, saving the lives of our children - virtually all of us would do it. Few of us are so committed to theoretical philosophical positions about right and wrong that as a practical reality we would allow our families to be killed over them. It is easy to imagine the circumstances in which each of us would behave wrongly: does the fact that all of us would do mean that it is no longer wrong?",

keywords = "Charter, Life Liberty and Security of Person, Principles of Fundamental Justice, Moral Involuntariness, Overbreadth, Defences, Duress Compulsion or Coercion, No Safe Avenue of Escape",

author = "Steve Coughlan",

note = "Stephen Coughlan, {"}Doing the Right Thing: Duress as a Defence to Murder{"} (2017) 33 C.R. (7th) 317.",

year = "2017",

month = jan,

day = "1",

language = "Canadian English",

}

TY - JOUR

T1 - Doing the Right Thing: Duress as a Defence to Murder

AU - Coughlan, Steve

N1 - Stephen Coughlan, "Doing the Right Thing: Duress as a Defence to Murder" (2017) 33 C.R. (7th) 317.

PY - 2017/1/1

Y1 - 2017/1/1

N2 - Does a wrong thing become right when everyone would do the wrong thing? To kill an innocent person who poses no threat to us and has done us no harm is the wrong thing to do. Nonetheless, given the right incentive - saving our own life, saving the lives of our children - virtually all of us would do it. Few of us are so committed to theoretical philosophical positions about right and wrong that as a practical reality we would allow our families to be killed over them. It is easy to imagine the circumstances in which each of us would behave wrongly: does the fact that all of us would do mean that it is no longer wrong?

AB - Does a wrong thing become right when everyone would do the wrong thing? To kill an innocent person who poses no threat to us and has done us no harm is the wrong thing to do. Nonetheless, given the right incentive - saving our own life, saving the lives of our children - virtually all of us would do it. Few of us are so committed to theoretical philosophical positions about right and wrong that as a practical reality we would allow our families to be killed over them. It is easy to imagine the circumstances in which each of us would behave wrongly: does the fact that all of us would do mean that it is no longer wrong?

KW - Charter

KW - Life Liberty and Security of Person

KW - Principles of Fundamental Justice

KW - Moral Involuntariness

KW - Overbreadth

KW - Defences

KW - Duress Compulsion or Coercion

KW - No Safe Avenue of Escape

UR - https://digitalcommons.schulichlaw.dal.ca/scholarly_works/1913

UR - https://dal.novanet.ca/permalink/01NOVA_DAL/1nek75v/alma990014190870107190

M3 - Article

JO - Articles, Book Chapters, & Popular Press

JF - Articles, Book Chapters, & Popular Press

ER -

Doing the Right Thing: Duress as a Defence to Murder

Abstract

Keywords

Disciplines

UN SDGs

Access to Document

Other files and links

Fingerprint

Cite this