Part of Necessity:
2. Moral Emergency
Necessity may be pleaded when the appropriate direct methods are taken to ward off unlawful aggression. The notion of necessary self-defence always presupposes the absence of mens rea, and hence the conviction of the right to take direct measures. The concept is sometimes applied to the possible conflict between rights and duties. But such conflicts arise only in the sphere of the practical judgment. In theory, one’s rights embrace precisely what another may not contest, and …