Illegality as a Rationing Rule
Green & Bogg (eds), Illegality After Patel v Mirza (2018)
26 Pages Posted: 22 May 2020
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: 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
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