The 'ratione temporis' elements of self-defence

This article focuses on one particular factor that is of crucial importance to all self-defence actions. It is a factor that is almost always present in the application and appraisal of the right, but one that is not always explicitly engaged with: time. There are various ratione temporis elements underpinning the lawful exercise of the right of self-defence, and questions related to the timing of both an attack being responded to in self-defence and the response itself are notably controversial. The self-defence timeline is therefore charted, and the key legal debates encountered along its trajectory are identified. In particular, there is a focus on three temporal ‘stages’ of the right of self-defence: (i) the much-debated question of preventative forms of self-defence (the ‘before’); (ii) the timeliness of a state's defensive action, or what is sometimes called the need for the response to be ‘immediate’ (the ‘during’); and (iii) the duration of self-defence actions, including the crucial issue of when they must end (the ‘after’). The aim of this article is not to break new substantive ground with regard to these ‘stages’ as such, but is, rather, to draw together the temporal strands of self-defence in a more focused manner than is often the case in the literature.

Joint criminal enterprise

The doctrine of joint criminal enterprise is in disarray. Despite repeated judicial scrutiny at the highest level, the doctrine's scope, proper doctrinal basis and function in relation to other modes of complicity remain uncertain. This article examines the doctrine's elements and underlying principles. It argues that while joint criminal enterprise is largely used to make individuals liable for offences committed by their associates in excess of the common criminal purpose, its proper function is to police the limits of associate liability and thus to exculpate rather than inculpate. The doctrine governs not only instances of accessorial liability; it also applies where the parties involved are joint principal offenders. As this puts into question the prevalent view that joint criminal enterprise is a form of secondary participation that results in accessorial liability, the article concludes that it is best seen as a doctrine sui generis.

The Vida of Queen Fredegund in Tote Listoire de France: vernacular translation and genre in thirteenth-century French and Occitan literature

This article examines the role that translation may have played in the development of medieval vernacular literature. It analyses an extract of an early 13th-c. translation into a hybrid French-Occitan vernacular of an 8th-c. historical text, the 'Liber Historiae Francorum'. The translation coincides with the adoption of narrative prose both in Old French and in Occitan literature, which reflects a growing interest in historical writings. The second half of the article compares the anecdote with the narrative structures and content of one of the troubadour 'vidas' and 'razos' - biographical texts in prose that emerged in the same period and regions as this translation. The article concludes by suggesting that the new vernacular genre shares narrative features with the early medieval Latin text that are preserved in its translation.