Скачать или смотреть Victor Tadros, "Duress and Duty"

This paper examines when duress justifies pro tanto wrongful killing. It argues that the defence is available in at least some cases - for in some cases where the killing occurs as a side-effect and in some cases where those killed are already doomed to die. It then looks the relationship between duress and the prohibition on using others as a means. It argues that whilst this prohibition is engaged in cases of duress, there are important differences between duress cases and more standard scenarios where the means principle is explored. Two differences are investigated -- the fact that in duress the person who kills is an agent of the person who threatens her, and the fact that in duress cases, the person killed is already implicated in the scenario.