doctrine of necessity

Definitions

1. 1

   Necessarianism, especially as espoused by Joseph Priestley.

2. 2

   A principle whereby a normally criminal act is justified by the necessity of preserving…

   A principle whereby a normally criminal act is justified by the necessity of preserving something of greater utilitarian value than that lost or sacrificed; not to be confused with self-defence.

   • It is therefore clear that neither the English court nor Cardozo considered the ethics of the doctrine of necessity. They rejected the doctrine because, in effect, they denied that a state of necessity could ever exist.
3. 3

   The principle that, in a situation of emergency or exigent circumstance, a state may…

   The principle that, in a situation of emergency or exigent circumstance, a state may legitimately act in ways that would normally be illegal.

   • So Their Lordships, conceding that the Governor General′s actions were unconstitutional, reasoned that those actions might nonetheless be validated on the doctrine of necessity.
4. ›+ 2 more definitionsshow fewer

   1. 4

      The principle that the laws, of governance in action, should be deemed valid insofar as…

      The principle that the laws, of governance in action, should be deemed valid insofar as they do not contradict the constitution. Validated on the basis that maintenance of government is of greater utilitarian value than maintenance of the law.

   2. 5

      The principle that a state in immediate peril to its existence, from a situation not of…

      The principle that a state in immediate peril to its existence, from a situation not of its own doing, may in extremis be justified in violating a right of another state.

The neighborhood

• synonymnecessarianismdoctrine of philosophical necessity
• synonymduress of circumstancesprinciple of preservation of greater utilitarian value