Sheehan, D orcid.org/0000-0001-9605-0667 (2022) The Scope and Rationale(s) of the Change of Position Defence. Northern Ireland Legal Quarterly, 73 (AD2). pp. 1-34. ISSN 0029-3105
Abstract
The article examines an innovative suggested rationale for change of position – namely that the claimant has ‘outcome responsibility’ for the defendant’s change of position. It concludes that the justification fails. Although it purports to justify a single baseline against which to judge if the defendant’s position has changed, it – at best – only justifies a subset of the cases in which change of position is normatively attractive; it does not justify the defence in (say) cases of innocent wrongdoing. As such it requires us to accept that there are several different species of defence. An easier route to justifying the availability of the defence in all these different cases is ‘irreversible detriment’, although that explanation still has to justify why the defendant should not be worse off.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | This item is protected by copyright, all rights reserved. This is an author produced version of an article, published in Northern Ireland Legal Quarterly. Uploaded in accordance with the publisher's self-archiving policy. |
Keywords: | George Gavan Duffy, Anglo Irish Treaty, Irish Free State, 1922 Constitution, Constituent Assembly, King, oath, Privy Council, popular sovereignty |
Dates: |
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Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Education, Social Sciences and Law (Leeds) > School of Law (Leeds) |
Depositing User: | Symplectic Publications |
Date Deposited: | 23 Feb 2022 14:00 |
Last Modified: | 29 Sep 2023 00:13 |
Status: | Published |
Publisher: | School of Law |
Identification Number: | 10.53386/nilq.v73iAD2.947 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:183863 |