Frederick Wilmot-Smith, ‘Illegality as a Rationing Rule’

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.

Wilmot-Smith, Frederick, Illegality as a Rationing Rule (2018) in Green and Bogg (eds), Illegality After Patel v Mirza (2018).

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