Comparing Research On Necessity

It elaborates the history development of necessity: from ancient times to modern times . Necessity develops from theory to legislature ,displaying the process of perceptual cognition to reasonable cognition. It mainly contains three kinds of doctrines : permissiveness , bereavement of free will and entitlement action. Necessity contains defensive and attacking necessity, statutory and natural necessity, necessity for person and necessity for property according to different standards . Civil law tradition jurisprudence consist largely of prevention from illegality, prevention from responsibility , duplex theory and prevention from punishment .Common law tradition consist of necessity and two choice of evils .Socialist legal tradition consist of prevention of social harmfulness. It embodies different national and cultural value by comparing different legal family theories. For my viewpoint, the essence of necessity embodies pragmatism and utilitarianism. Common practice applied by necessity is based on superior benefits doctrine, and the exception of necessity applied by necessity of life is based on the theory of the anticipated possibility. Tenable condition of necessity includes subjective condition , objective condition and limiting condition. In addition, this essay also deals with boundary between necessity and self-defense , duress , self-help, conflicts of obligation. Moreover, it discusses the criminal responsibility of exceeding of necessity and supposition of necessity.