necessity

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necessity

1. Philosophy
a. a condition, principle, or conclusion that cannot be otherwise
b. the constraining force of physical determinants on all aspects of life
2. Logic
a. the property of being necessary
b. a statement asserting that some property is essential or statement is necessarily true
c. the operator that indicates that the expression it modifies is true in all possible worlds.
References in periodicals archive ?
One commentator, in an interesting and important analysis, has urged that courts recognize a necessity defense for humanitarian aid agencies that might be prosecuted under [section] 2339B.
31) The Court first noted that it is an "open question whether federal courts ever have authority to recognize a necessity defense not provided by stature.
2009) (describing business necessity defense and recent congressional
64) Those who advocate the use of the necessity defense in legal proceedings seem closer to the second position, although opting for the necessity defense puts one on the edge of formal law.
Finally, the necessity defense was recently claimed by Guinea in a case before the International Tribunal for the Law of the Sea.
Can the ESA support a necessity defense for the otherwise illegal taking of endangered and threatened species?
3) I do not mean to suggest that the application of the necessity defense is always as straightforward as this; for a discussion of some cases that are decidedly more problematic, see L.
Instead, it applied a modified business necessity defense analysis that two other courts of appeals had considered to be the appropriate analytical framework for evaluating the propriety of fetal protection policies.
The Committee is concerned that GSS interrogators who use physical pressure in 'ticking bomb' cases may not be criminally responsible if they resort to the necessity defense argument.
She presents five chapters that describe the evolution of the arbitration system; survey the forty-three ICSID cases concluded to date with findings against Latin American states, as well as those that have been dismissed on jurisdictional grounds; provide analysis of the provisions regarding non-precluded measures, the state of necessity defense, and state liability for harm sustained by investors in exceptional circumstances; and offer guidance to government officials managing investment treaty obligations and investor-state disputes on diminishing the likelihood of claims and properly managing claims that are submitted to arbitration.
He also ruled that they could not use a necessity defense because they did not show, as they contended, that the prayer meeting could have the tangible, immediate effect of saving the lives of Iraqi civilians or U.