Scotland v France: Six Nations rugby union – live

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Again the most plausible diagnosis is that the doctrinal contours of this privilege track the contours of the underlying moral terrain only roughly. When a defendant uses evidently necessary deadly force against a plaintiff who reasonably appears to be threatening his life, it will very often be the case that the defendant’s action is not culpable. Sometimes, it may also be the case that the plaintiff has foreseeably and responsibly induced in the defendant this reasonable appearance, such that the plaintiff should be understood to have waived her right against this action in an estoppel-like fashion.181 In some cases, however, neither will be true — and in such cases, the privilege will immunize from liability a defendant who ought in justice to compensate his victim, because he has culpably and foreseeably infringed her right against being killed or injured.182

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张伟,资深编辑,曾在多家知名媒体任职,擅长将复杂话题通俗化表达。

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