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Hard cases make bad law is an adage or legal maxim meaning that an extreme case is a poor basis for a general law that would cover a wider range of less extreme cases. In other words, a general law is better drafted for the average circumstance as this will be more common. [1] The original meaning of the phrase concerned cases in which the law ...
The Harvard law professor Alan Dershowitz argues that in extreme situations, in order to prevent a tragedy, a "torture warrant" should be issued by U.S. courts to use hot needles under the nails, for example. This would make the use open to security, even though it would be against the Geneva conventions [and other international treaties].
International criminal law is best understood as an attempt by the international community to address the most grievous atrocities. It has not been an ideal instrument to make the fine and nuanced distinctions typical of national law, for these shift focus from those large scale atrocities that "shock the conscience", with which it is concerned.
An unjust law is no law at all (Latin: lex iniusta non est lex) is an expression in support of natural law, acknowledging that authority is not legitimate unless it is good and right. It has become a standard legal maxim around the world. This view is strongly associated with natural law theorists, including John Finnis and Lon Fuller. [1]
In such cases, it can be difficult to prove that the perpetrators acted wrongly. Because of the dangers inherent in armed confrontation, even police or soldiers who might strongly prefer to take an enemy alive may still kill to protect themselves or civilians, and potentially cross the line into extrajudicial murder .
Across Colombia, decades of war between leftist guerrillas, rightwing paramilitaries, trafficking groups and the government have left more than 9.5 million people – nearly 20% of the population ...
It was also absorbed into American common law, cited repeatedly by that country's Founding Fathers, later becoming a form of words drilled into law students all the way into the 21st century. [4] Benjamin Franklin's version of Blackstone's ratio is very commonly quoted. Other commentators have echoed the principle.
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