ABSTRACT
The formalisation of a body of rules and regulations set out the structure necessary for the execution of a consistent law governing conduct. In the UK, the legal defence of necessity still remains a matter for judges and the common law. Balancing the goods and harms or in the words of the common law 'balancing evils' requires making moral and ethical judgments. The inherent jurisdiction or the wardship jurisdiction provides a shield of protection for doctors who are unable to consent to medical treatment otherwise might face prosecution. Necessity claims have also arisen in cases where defendants challenge state secrecy and rely on necessity arguments. Thinking outside the excuse/justification dualism in the context of necessity for a moment the author wants to examine and revert back to the dualism. Actors acting in justification may appeal to a variety of motives from an appeal to higher loyalties, altruism, preservation of others, or conscience.
