When Looting is Legal

"While no one condones looting, on the other hand, one can understand the pent-up feelings that may result from decades of repression." -- Defense Secretary Donald Rumsfeld, April 11, 2003, talking about looting in the wake of the US-led invasion of Iraq

How long would you go without food or water before taking drastic action? Desperate times require desperate measures -- and it could mean a legal justification for looting in New Orleans.

A public interest lawyer in Washington says there's a doctrine of common law that makes much of the looting in New Oreleans legal. John Banzhaf says the "Doctrine of Necessity" -- a legal principle dating back to the middle ages -- may protect many looters from a day in court -- or time in jail:

"Residents of New Orleans have a legal right to loot from both commercial establishments and private owners if they believe it is reasonably necessary to protect their safety or health under a legal doctrine which provides a complete legal defense in both criminal and civil proceedings."

Mr Banzhaf quotes an ancient definition of the doctrine as meaning, "one may sacrifice the personal property of another to save his life or the lives of his fellows."

This won't protect people stealing TVs or stealing food and water from someone who needs it just as much. But Mr Banzhaf says it's a case where the ends -- saving lives -- justifies the means -- protecting property. (banzhaf.net HT: Taegan Goddard's PoliticalWire.com) [AP Photo via Yahoo!]