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Nilanjan Bhowmick AIR 3, CSIR NET (Earth Science)
- UGC NET
- Law
In which of the circumstances the defense of necessity involves a collusion of interest and the consequential judgement of values
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The inherent difficulty with permitting necessity as a defence is that, since it amounts to an argument that, given the circumstances of the case, the strict legal rules should not apply to the defendant’s actions, if given too much scope, the defence has the potential to undermine existing legal norms, creating legal “anarchy”. As noted by Glanville Williams against anarchy, “since the defence of necessity involves a collision of interests and a consequential judgment of value, it is capable of raising problems of great ethical and social difficulty”.