 He criticizes the "state of nature" concept and is not satisfied with Justice Foster's formulation placing the law of contract above the law against murder.He also notes the difficulty of applying the purposive approach to the criminal statute which has multiple purposes, including retribution and rehabilitation.He distinguishes the self-defence exception that was created by past judges on the basis that it is not a "willful" killing, so it does not contradict the wording of the statute.