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  1. On the Necessity Defense in a Democratic Welfare State: Leaving Pandora’s Box Ajar.Ivó Coca-Vila - 2024 - Criminal Law and Philosophy 18 (1):61-88.
    The necessity defense is barely accepted in contemporary Western case law. The courts, relying on the opinion held by the majority of legal scholars, have reduced its margin of application to practically zero, since in the framework of contemporary welfare states, there is almost always a “legal alternative.” The needy person who acts on their own behalf, regardless of whether they save an interest higher than the one they injure, does not show due deference to democratic legal solutions and procedural (...)
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