Illegality as a Rationing Rule

Green & Bogg (eds), Illegality After Patel v Mirza (2018)

26 Pages Posted: 22 May 2020

See all articles by Frederick Wilmot-Smith

Frederick Wilmot-Smith

University of Oxford - Faculty of Law; All Souls College

Date Written: 2018

Abstract

Legal systems have limited resources; those resources have to be distributed, and ideally the distribution would be just. This paper considers the role of legal doctrines---and, in particular, the doctrine of illegality---to ration and distribute individuals' access to the goods of a legal system. My conclusion is that the illegality doctrine cannot be justified, if it can be justified, by reference to these distributive ends.

Suggested Citation

Wilmot-Smith, Frederick and Wilmot-Smith, Frederick, Illegality as a Rationing Rule (2018). Green & Bogg (eds), Illegality After Patel v Mirza (2018), Available at SSRN: https://ssrn.com/abstract=3585717

Frederick Wilmot-Smith (Contact Author)

All Souls College ( email )

14 High St
Oxford
United Kingdom

University of Oxford - Faculty of Law ( email )

St Cross Building
St Cross Road
Oxford, OX1 3UL
United Kingdom

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