Justification

In Pleading. The allegation of matter of fact by the defendant, establishing his legal right to do the act complained of. It does not deny that the act was done, but alleges a right to do it on the part of the defendant, thus denying that it is a wrong. Excuse merely shows reasons why the defendant should not make good the injury which the plaintiff has suffered from some wrong done. See Avowry. Justification is said to be the law's permission to injure others because of some countervailing benefit to society outweighing the harm done; 26 Harv. L. Rev. 741. The benefit may assume many forms, as prevention of crime, freedom of speech, free competition, or the free beneficial use of property by the owner, etc.; id. It is said that all justifications will fall into one of two classes: 1. Where the objects sought for are so important that motive must be ignored; 2. Where the objects are not so important but that the presence of ill will may turn the scale; Munster v. Lamb, 11 Q. B. D. 588; McLaughlin v. Cowley, 127 Mass. 316.

Trespasses.

A warrant, regular on its face, and issued by a court of competent jurisdiction, is a complete justification to the officer to whom it is directed for obeying its command, whether it be really valid or not. But where the warrant is absolutely void, or apparently irregular in an important respect, or where the act done is one which is beyond the power conferred by the warrant, it is no justification. See Arrest; Trespass. So, too, many acts, and even homicide committed in self-defence, or defence of wife, children, or servants, are justifiable; Archb. Cr. P. by Pom. 681, n.