The defence of illegality is invoked across private law, but has a reputation for being confused. This article argues that the defence can be rendered intelligible and sharply focused by understanding its underlying rationale, and applying that discretely and to different effect in each of tort, contract, unjust enrichment, and trusts.
This article seeks to provide a comprehensive formulation of the tortious defence of necessity in English law, and to identify the lessons which can be learned by comparing it with the American privilege of private necessity set out in the Restatement (Second) of Torts.
Anarchism often sets itself against the law. However, the alternative vision advanced by anarchism faces theoretical problems. Further, case studies of anarchist communities reveal practical difficulties, and resort to the very behaviour for which anarchism criticises the law. Nevertheless, the values inherent in law are strongly aligned with those championed by anarchism. Ultimately, law and anarchism need not be antithetical; they can be mutually helpful.
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