The conflict between lives in criminal law
DOI:
https://doi.org/10.36151/Keywords:
Exculpation, unenforceability of other behavior, suicide, personal justification, weighting between lives, massacre, community of dangerAbstract
two models of conflicts between lives can be distinguished. Both act as two levels in resolving a case: only
if the first one fails it moves to the second one. The first is the state of objective necessity. It is objective because it is
based on a favorable weighing and because this weighing allows the justified intervention of external third parties. This
would include communities sharing a danger and extreme cases such as the prevention of massacres. The second is the
state of subjective necessity (personal). It is personal because it lacks a favorable weigh and is based, exclusively, on
the unenforceability of another behavior.
