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Journal articles on the topic 'Necessary defence'
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1
Gearty, Conor. "Necessity: A Necessary Defence in Criminal Law?" Cambridge Law Journal 48, no. 3 (November 1989): 357–59. http://dx.doi.org/10.1017/s0008197300109572.
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Mamedov, Dadash. "Exceeding the limits of necessary defense and the right to arm." nauka.me, no. 1 (2021): 86. http://dx.doi.org/10.18254/s241328880015897-0.
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This article deals with the problem of law enforcement related to the appraisal concepts used in the Institute of Necessary Defence. In particular, it is proposed to formalize the legal limits of protection for a defender which under no circumstances would be qualified as exceeding the limits of the necessary defence. The article also considers the advantages of the free carrying of firearms by citizens as one of the condition of crime deterrence protecting against socially dangerous assaults.
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Liston‐Heyes, Catherine. "Bailouts and defence contracting: A necessary evil?" Defence and Peace Economics 6, no. 4 (December 1995): 289–94. http://dx.doi.org/10.1080/10430719508404832.
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Grudecki, Michał, and Magdalena Kleszcz. "DEPRIVATION OF LIFE OF AN ASSAILANT IN THE NECESSARY DEFENSE AND A CATALOG OF PROTECTED LEGAL INTERESTS." Roczniki Administracji i Prawa 3, no. XX (September 30, 2020): 135–52. http://dx.doi.org/10.5604/01.3001.0014.4235.
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The article is devoted to the issue of killing an attacker in self-defense. The considerations are based on the interpretation of Article 25 § 2 of the Penal Code, from which it follows that the method of defense must be commensurate with the danger of attack. The authors are looking for a catalog of legal interests that can be defended by harming the attacker’s life. They also analyze Article 2 (2a) European Convention of Human Rights, according to which deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary in defence of any person from unlawful violence. The authors draw attention to the role of this provision in the interpretation of the signs of necessary defense, especially the sign of proportionality of the means of defense to the danger of assassination. In the article, they also defined the concept of a countertype (justification) and briefly characterized the remaining features of necessary defense
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Horder, Jeremy. "Self-Defence, Necessity and Duress: Understanding the Relationship." Canadian Journal of Law & Jurisprudence 11, no. 1 (January 1998): 143–65. http://dx.doi.org/10.1017/s0841820900001727.
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The distinctions that may be drawn between self-defence, necessity and duress are interesting as a matter of theory, but may also be important in practice. In some jurisdictions, for example, duress and necessity are no defence to murder whereas self-defence is a defence available in principle to all crimes. In such jurisdictions, in homicide cases, the point at which one reaches the boundaries of self-defence and enters upon the terrain of necessity may thus be of crucial significance. Drawing on Suzanne Uniacke’s theory of self-defence, I would like to suggest that each defence can be distinguished by a different key issue. In necessity cases, the key issue is the moral imperative to act: what matters is whether in the circumstances it was morally imperative to act, even if this might involve the commission of wrongdoing, in order to negate or avoid some other evil. In duress cases, the key issue is the personal sacrifice D is being asked to make: should D be expected to make the personal sacrifice involved in refusing to give in to a coercive threat, rather than avoid implementation of the coercive threat by doing wrong? In self-defence cases, the key issue is D’s legal permission to act: where V unjustly represented a threat to D (normally, although not exclusively, through his—V’s—conduct), the question is whether necessary and proportionate steps were taken by D to negate or avoid the threat. For, D has a legal permission to take necessary and proportionate steps to negate or avoid an unjust threat, even if (exceptionally) these involve the use of lethal force. So baldly stated, the differences between the defences may seem obvious. Few common law jurisdictions, and few commentators, however, have appreciated the full significance of the differences, as we shall shortly see.
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Arenson, Kenneth J. "The Paradox of Disallowing Duress as a Defence to Murder." Journal of Criminal Law 78, no. 1 (February 2014): 65–79. http://dx.doi.org/10.1350/jcla.2014.78.1.892.
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The common law has long recognised that what would otherwise constitute murder should be reduced to the lesser offence of voluntary manslaughter in instances where the accused was induced to kill because of provocative conduct on the part of the deceased that does not amount to lawful excuse or justification such as self-defence or defence of others. In what is often termed as a reasonable concession to human frailty, the law has opted to treat those who kill under such circumstances as less morally blameworthy than those who kill in the absence of such provocation or other mitigating circumstances such as a genuinely held, albeit objectively unreasonable belief, that the use of deadly force was necessary in self-defence or the defence of another person. In sharp contrast, the common law has steadfastly declined to allow the defence of duress to be interposed in like manner as a partial defence to the crime of murder. The discussion to follow will examine whether this disparate treatment is justifiable in light of the stated underpinnings of these defences. The discussion will conclude by exploring various proposals for reform and the extent to which they are likely to result in sanctions that are commensurate with the relative degrees of moral culpability of those who seek to interpose these defences as complete or partial defences to the crime of murder.
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Dimitrova, Sevdalina, and Venelin Terziev. "Financial Provisioning - Basis Of Strategic Decisions Of Themanagement Of Resources For Security And Defence." International conference KNOWLEDGE-BASED ORGANIZATION 21, no. 2 (June 1, 2015): 294–99. http://dx.doi.org/10.1515/kbo-2015-0050.
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Abstract The strategic decisions defining the defence capabilities that are necessary for our country in response to the dynamic changes in the security environment are directly related to the question “How much?” concerning the price that taxpayers should pay for the creation and development of those capabilities. Since security and defense constitute a public good whose creation is entirely dependent on the economic potential, on the GDP of the country, the manifestation of the price of that good is the budget of the Defence Ministry. This calls for the implementation of a system and tools, appropriate for budget resource management in order to ensure the increase of the added value of defence capabilities.
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SARGSYAN, AREN, and TIGRAN KOCHARYAN. "STRATEGIC DEFENCE REVIEW IN THE CONTEXT OF DEFENCE REFORMS." Main Issues Of Pedagogy And Psychology 10, no. 1 (April 4, 2016): 142–49. http://dx.doi.org/10.24234/miopap.v10i1.195.
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The South Caucasus region is characterized by the presence of frozen conflicts, the activation of impending threats. For security and stability problematic is the important factor that the countries in the region have adopted a diametrically different security and defense strategies, policy of joining the centers of power and allies. Continuing development of defense capabilities is a logical choice for Armenia, which follows from the aims of the state and public security, and the maintenance and, if necessary, even the world compulsion. To achieve these objectives in the Republic of Armenia is carried out the process, which called the Strategic Defense Review.
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MORRISTON, WES. "Are omnipotence and necessary moral perfection compatible? Reply to Mawson." Religious Studies 39, no. 4 (October 16, 2003): 441–49. http://dx.doi.org/10.1017/s003441250300670x.
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In response to an earlier paper of mine, T. J. Mawson has argued that omnipotence is logically incompatible with wrong-doing, ‘whilst accepting that there is “a genuine, active power knowingly to choose evil” and thus leaving room for a free-will defence to the problem of evil’. Here, I attempt to show that Mawson is mistaken on both counts – that his argument for the incompatibility of omnipotence and wrong-doing is defective, and that the free-will defence cannot be sustained on the ground marked out by him. Given Mawson's understanding of power and freedom, I argue that it would be possible for God to create persons who are both free and unable to make evil choices.
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ROBINSON, MICHAEL D. "Divine guidance and an accidentally necessary future: a response to Hunt." Religious Studies 40, no. 4 (October 26, 2004): 493–98. http://dx.doi.org/10.1017/s0034412504007358.
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In his reply to my original essay, David Hunt maintains that I do not discuss how his defence of providentially useful simple foreknowledge violates the Metaphysical Principle. Further, he claims that I try to force him into both affirming and denying the accidental necessity of future events and their role in explaining divine advice-giving. In this response, I attempt to articulate more fully why Hunt's defence of simple foreknowledge implies that dependency loops could unfold. Further, I argue that Hunt's scenario is not tenable, whether one affirms that future events are accidentally necessary or contingent.
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SWINBURNE, RICHARD. "In defence of logical nominalism: reply to Leftow." Religious Studies 46, no. 3 (July 27, 2010): 311–30. http://dx.doi.org/10.1017/s0034412510000235.
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AbstractThis paper defends (especially in response to Brian Leftow's recent attack) logical nominalism, the thesis that logically necessary truth belongs primarily to sentences and depends solely on the conventions of human language. A sentence is logically necessary (that is, a priori metaphysically necessary) iff its negation entails a contradiction. A sentence is a posteriori metaphysically necessary iff it reduces to a logical necessity when we substitute for rigid designators of objects or properties canonical descriptions of the essential properties of those objects or properties. The truth-conditions of necessary sentences are not to be found in any transcendent reality, such as God's thoughts. ‘There is a God’ is neither a priori nor a posteriori metaphysically necessary; God is necessary in the sense that His existence is not causally contingent on anything else.
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Barry, Brian. "Contractual Justice: A Modest Defence." Utilitas 8, no. 3 (November 1996): 357–80. http://dx.doi.org/10.1017/s0953820800005057.
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As the author of Justice as Impartiality, I am not ashamed to admit that I was delighted by the liveliness of the discussion generated by it at the meeting on which this symposium is based. I am likewise grateful to the six authors for finding the book worthy of the careful attention that they have bestowed on it. Between them, the symposiasts take up many more points than I can cover in this response. I shall therefore focus on some themes that cluster round the contractual device that I associate with the notion of justice as impartiality. Is it necessary? If it is not necessary is it nevertheless useful? Within an overall contractual framework is the form of contract that I propose uniquely justifiable? And does the form of contract that I defend generate the implications that I claim for it?
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Kania, Agnieszka. "„Mój dom moją twierdzą”. Rozważania na tle regulacji art. 25 § 2a k.k." Nowa Kodyfikacja Prawa Karnego 48 (November 28, 2018): 13–30. http://dx.doi.org/10.19195/2084-5065.48.2.
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“My home is my castle”. Reflection on the regulation of the article 25 § 2a of the Penal CodeThe purpose of the article is to discuss the latest change that has been introduced into the legislation regulating the right of necessary self-defence. The result of the said amendment is adding a new editing unit to the content of article 25 of the Penal Code, i.e. § 2a, which provides for impunity of a person excessively exercising the right of necessary self-defence in a situation where crossing the limits of necessary self-defence occurs when countering an attack involving forced entry into a flat, premises, house or an adjacent fenced area, or where crossing the limits of necessary self-defence occurs when countering an attack preceded by forced entry into these places. This study presents not only arguments of the drafters which they used to prove the validity of the analysed solution, but also points out some doubts that might occur in the practical application of this regulation.
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Bickel, Fabian. "Brexit and Trade Defence: Effects of a Changed Territory." Journal of International Economic Law 24, no. 1 (February 22, 2021): 5–24. http://dx.doi.org/10.1093/jiel/jgab005.
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ABSTRACT After the UK’s withdrawal from the European Union (EU), the EU’s trade defence measures no longer applied to the territory of the UK. This means that the UK now applies its own trade defence measures and has transitioned some of the EU’s trade defence measures. The EU applies its trade defence measures to the reduced territory of the EU27, while third parties that had imposed trade defence measures against the EU now apply them against the EU27 and the UK. This article analyses the compatibility of these changed measures with WTO law. It argues first that in principle WTO law allows changes in the territorial scope of trade defence measures if the investigation and imposition of the measures remain attributable to the imposing WTO Member. This defends the EU’s and the UK’s approaches. Second, changed circumstances’ reviews or adaptations of the measures by the EU or the UK may be necessary. However, this happens rarely and only if specific evidence is provided. Third, subject to review or adaptations where warranted, third countries can apply their measures targeting the EU against the EU27 and the UK.
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Porozovs, Juris, and Aija Dudkina. "THE ATTITUDE OF THE PEDAGOGICAL SPECIALITIES’ STUDENTS OF THE UNIVERSITY OF LATVIA TO THE STUDY COURSE OF CIVIL DEFENCE." SOCIETY. INTEGRATION. EDUCATION. Proceedings of the International Scientific Conference 2 (May 20, 2020): 227. http://dx.doi.org/10.17770/sie2020vol2.4953.
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In Latvia the Civil Defence course is a compulsory course for all higher education study programs. The aim of the study was to find out the attitude of the students of pedagogy specialties of the University of Latvia towards the Civil Defence course, to study the students' self-assessment of understanding the most important topics of the Civil Defence course and the most important insights learned by students during acquiring the Civil Defence course. To find out the attitude of the pedagogical specialties students towards the Civil Defence course, a questionnaire of the first-year students was carried out after the acquisition of the course. The responses of full-time and part-time students were compared. The results of the questionnaire showed that the majority of the surveyed students have understood the importance of the Civil Defence course and they consider that this course is necessary for all study programs. After completing the course, most students have understood the most important topics of the Civil Defence course. The majority of surveyed students consider that topics related to national defence should be included in the Civil Defence course. As the most interesting topics students have found first aid, disasters and their classification and disaster management. Students believe that Civil Defence knowledge is needed for being aware of how to deal with emergencies, if necessary, to be able to provide first aid and for better understanding of the functioning of the civil defence system in Latvia. Students see an opportunity to combine the acquiring of Civil Defence course with the mastering of another study course.
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Elzein, Nadine. "Deterrence and Self-Defence." Monist 104, no. 4 (September 4, 2021): 526–39. http://dx.doi.org/10.1093/monist/onab017.
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Abstract Measures aimed at general deterrence are often thought to be problematic on the basis that they violate the Kantian prohibition against sacrificing the interests of some as a means of securing a greater good. But even if this looks like a weak objection because deterrence can be justified as a form of societal self-defence, such measures may be regarded as problematic for another reason: Harming in self-defence is only justified when it’s necessary, i.e., when there are no relatively harmless alternatives. While there are few harmless ways to remove the threat posed by dangerous individuals, there are many relatively harmless methods for preventing crime. We can bracket off our preventative failings when we think of present threats, but we cannot do so when contemplating alternative preventative measures.
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White, Samuel. "A Shield for the Tip of the Spear." Federal Law Review 49, no. 2 (March 9, 2021): 210–30. http://dx.doi.org/10.1177/0067205x21993147.
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The defence of superior orders is not new. However, within Australia, its statutory codification is lamentably underexplored. The 2018 Amendments to Part IIIAAA of the Defence Act 1903 (Cth) provides a neat catalyst to expand the defence and look at possible manners in which it can be constructed. Utilising a theoretical case study of Australian Defence Force members killing a possible terrorist, ‘this article addresses’ the key elements of the defence—what an order is, when can it be constructed as being manifestly unlawful and what does reasonable and necessary force mean for Australian Defence Force members.
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Lee, Justin, and Jason J. Rudd. "Calcium-dependent protein kinases: versatile plant signalling components necessary for pathogen defence." Trends in Plant Science 7, no. 3 (March 2002): 97–98. http://dx.doi.org/10.1016/s1360-1385(02)02229-x.
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Wielenberg, Erik J. "An Inconsistency in Craig's Defence of the Moral Argument." European Journal for Philosophy of Religion 4, no. 4 (December 22, 2012): 49–58. http://dx.doi.org/10.24204/ejpr.v4i4.259.
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I argue that William Craig’s defence of the moral argument is internally inconsistent. In the course of defending the moral argument, Craig criticizes non-theistic moral realism on the grounds that it posits the existence of certain logically necessary connections but fails to provide an adequate account of why such connections hold. Another component of Craig’s defence of the moral argument is an endorsement of a particular version of the divine command theory (DCT). Craig’s version of DCT posits certain logically necessary connections but Craig fails to provide an adequate account of why these connections hold. Thus, Craig’s critique of non-theistic moral realism is at odds with his DCT. Since the critique and DCT are both essential elements of his defence of the moral argument, that defence is internally inconsistent.
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Tams, Christian J., and James G. Devaney. "Applying Necessity and Proportionality to Anti-Terrorist Self-Defence." Israel Law Review 45, no. 1 (March 2012): 91–106. http://dx.doi.org/10.1017/s0021223711000033.
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Recent years have seen increasing reliance on self-defence as a concept justifying the use of force against armed attacks by terrorists operating from within a foreign state. While the matter has prompted major debates, a good case can be made that contemporary international law now begins to recognise a right of self-defence against attacks by terrorists. (We will refer to this in the following as ‘anti-terrorist self-defence’, meaning a response directed against an attack carried out by a terrorist organisation.) This article deliberately does not rehearse the major debates about the scope of self-defence, but moves beyond them. It seeks to assess whether and how the two main limitations on the exercise of self-defence – namely necessity and proportionality – could be adapted to self-defence outside the inter-state setting. It shows that both limitations do indeed require some adaptation in order to be applied to anti-terrorist self-defence.With respect to necessity, we argue that this adaptation is actually a chance to make sense of a requirement that is of very limited practical relevance in the inter-state setting. As the article shows, necessity can assume a crucial role in the anti-terrorist setting: in order for trans-border uses of force to be necessary, states invoking self-defence must demonstrate that the terrorist threat cannot be repelled by the host state (on whose territory the terrorists are based).As for proportionality, recent debates about anti-terrorist self-defence expose the weaknesses of proportionality as a restraint on self-defence. Construed primarily as a prohibition against excessive force, even in the inter-state setting, proportionality has always been dependent on the nature of the aims pursued in the name of self-defence. Recent anti-terrorist practice suggests that many states are prepared to accept far-reaching uses of force against terrorists. It also suggests that, in applying proportionality, the targeted (or otherwise) character of the response is of crucial importance. The law is clearly in a state of flux, but in debates such as those about Turkey's use of force against the PKK or Israel's military operations against Hamas or Hezbollah, one can see the beginning of a process of developing guidelines on proportionality.
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Freeman, Victoria. "In Defence of Reconciliation." Canadian Journal of Law & Jurisprudence 27, no. 1 (January 2014): 213–23. http://dx.doi.org/10.1017/s0841820900006305.
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Indigenous scholars and others have characterized Canadian discourses of reconciliation as supporting a top-down, government-defined and controlled agenda, which is at best ineffective and misleading and at worst fraudulent and recolonizing. Some have argued that reconciliation should only occur after the Indian Act has been abolished, reparations made, land and resources returned, and a political and economic nation-to-nation relationship restored. The author agrees that it is essential to look critically at state and nationalistic discourses of reconciliation and that neither the federal government, the churches, nor non-Indigenous peoples generally can or should control the agenda. However, while reconciliation is not a sufficient condition for decolonization in Canada, Indigenous resurgence on its own will not achieve full decolonization either. If the psychic structures of colonialism persist, various forms of neocolonialism will be prevalent even after a nominal “nation-to-nation” relationship has been established, given the demographic imbalance and geographical proximity between Indigenous and non-Indigenous peoples. There will always be a need for relationship and negotiation.In fact, decolonization and reconciliation may be understood as complementary and concurrent processes. The concept of reconciliation underlines the emotional, psychological and human changes that are as necessary as political and economic reformulations for decolonization and that are not easily addressed by other means. Rather than a top-down government-initiated campaign focused on assimilation into the status quo or a Eurocentric Christian doctrine focused on forgiveness, reconciliation can be a transformative process of building the relationships, alliances and social understandings necessary to support the systemic changes that true decolonization entails. Indigenous and other cultural paradigms for resolving conflicts, making restitution and healing relationships, such as the Sto:lo concept of lummi or “facing yourself,” can help restore interconnectedness and reciprocity at all levels, both within Indigenous communities and between Indigenous and non-Indigenous peoples and the land. We also should not overestimate the government’s power to control even those reconciliation processes it does initiate, let alone those that arise autonomously. Decolonization and reconciliation are processes underway on many fronts in Canada, and they can’t be controlled by anyone.
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Park, Seongwan. "Introduction to EU Defence Directive." Journal of Advances in Military Studies 2, no. 3 (December 31, 2019): 53–70. http://dx.doi.org/10.37944/jams.v2i3.56.
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This study aims at brief introduction of EU Defence Directive which was declared in 2009. To this end, it is necessary to understand both security circumstances of Europe and the progress of the single market firstly. In this context, the present research shows developing process of military and security coalition of European countries in chronicle order with the background of political and economic integration. Secondly, given that this Directive plays a role under the framework of TFEU and the EU single market, the study explores areas ruled by this Directive and ones that ruled outside the Directive by EDA, OCCAR, LoI separately. Thirdly, this article reviews legal structure of the Directive and its main features such as flexibility, security of supply and security of information.
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Garwood-Gowers, Andrew. "Pre-Emptive Self-Defence: A Necessary Development or the Road to International Anarchy?" Australian Year Book of International Law Online 23, no. 1 (2004): 51–72. http://dx.doi.org/10.1163/26660229-023-01-900000004.
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Waldenström, Jan G. "Necessary Diagnostic Pigeonholes-Defence of Taxonomy in Medicine as well as in Botany." Acta Medica Scandinavica 203, no. 1-6 (April 24, 2009): 145–47. http://dx.doi.org/10.1111/j.0954-6820.1978.tb14847.x.
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Curtis, Jeffrey L. "Wouldn't you like to know: are tertiary lymphoid structures necessary for lung defence?" European Respiratory Journal 57, no. 4 (April 2021): 2004352. http://dx.doi.org/10.1183/13993003.04352-2020.
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McCormack, Timothy L. H. "Anticipatory Self-Defence in the Legislative History of the United Nations Charter." Israel Law Review 25, no. 1 (1991): 1–42. http://dx.doi.org/10.1017/s0021223700010256.
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Article 51 of the United Nations Charter states that:Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a member of the United Nations, until the Security Council has taken the measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of selfdefense shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.International lawyers are still arguing about the scope of the right of self-defence in Article 51 of the U.N. Charter. Most of the arguments focus on the semantics of Article 51. Those who argue for a “restrictive view” of the provision emphasise the qualifying phrase “if an armed attack occurs”.
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Jaffey, A. J. E. "Volenti Non Fit Injuria." Cambridge Law Journal 44, no. 1 (March 1985): 87–110. http://dx.doi.org/10.1017/s000819730011445x.
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The recent decision of the House of Lords in Titchener v. British Railways Board (which will be considered below) is a reminder of the uncertainty that strangely still surrounds the defence of consent or volenti nonfit injuria to an action in negligence. It is clear that the defence at least includes the case where there is an agreement, not necessarly constituting a contract, between the plaintiff and the defendant under which the plaintiff foregoes, in advance, a claim for negligence which might otherwise accrue to him, i.e., the plaintiff agrees that conduct of the defendant which would otherwise be actionable will not be so. The principal uncertainty is whether the plaintiff's mere voluntary exposure of himself to a danger already created, or likely to be created, by the defendant's negligence can give rise to the defence of volenti, either on the basis that such conduct of the plaintiff constitutes the requisite agreement to forgo a claim, or on the basis that no such agreement is necessary. This and other problems in regard to the nature and scope of the defence will be considered in this article.
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Gręźlikowski, Janusz. "Racje i sens „prawa do obrony” w procesie o nieważność małżeństwa." Prawo Kanoniczne 53, no. 3-4 (October 15, 2010): 197–222. http://dx.doi.org/10.21697/pk.2010.53.3-4.10.
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“Right to defence” in canonical process for nullity of matrimony results first of all from natural right and it is strictly connected with the dignity of human being, recognition of which requires to respect and defend human’s rights. Each man has a right for defence. This right belongs to the rights related with human being and it precedes each codified statutory law. It is basic and fundamental right resulting form existence of other fundamental rights, protection of which should be guaranteed in the Church. Keeping this right is necessary for realization of justice and objectivity of the process. Norms of this law guarantee to the litigants inviolable right to defence in cases for nullity of matrimony, they promote this right and underline its importance and meaning as well as its precise application to clarify the truth of objectively conducted suit. Canon process law distinguish two distinctions: right to defence and exercising the right to defence. Litigants have the rights to defence guaranteed in all stages of the suit: starting the proceedings and initiation of dispute, in stage of showing the evidence, discussion as well as in decision stage and attacking the judgment phase. Exercising the right to defence the litigants can support themselves using such suit figures as: guardian, attorney in fact and lawyer. It is important, so as in the suit for nullity of the matrimony, a contention suit rule was kept, which requires keeping the right for defence to each litigant. These guarantees apply in special way to citation act, notifying about subject of dispute, possibility to present different evidence means, publishing the records of the case, presentation of applicable defences, publication of sentence and its appeal. Right to defence also allows the tribunal conducting the case to get to the truth about validity of questioned matrimony and to pass the sentence by the judge. Furthermore it guarantees to the faithful the right to know the truth about their matrimony. This right should be always interpreted in context of duty the litigants have regarding searching for objective truth about their marriage. This means guaranteeing to litigants their basic process rights.
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Jonathan, Boyd. "Defence, Civil Honour, and Artificial Will." Hobbes Studies 28, no. 1 (April 24, 2015): 35–49. http://dx.doi.org/10.1163/18750257-02801004.
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Three influential interpreters – Michael Oakeshott, Leo Strauss, and Carl Schmitt – note that Hobbes’s sovereign is tasked with containing the natural wills of subjects for the sake of civil peace. Yet Hobbes’s sovereign also has a mandate to govern or use his subjects for collective defence, and each suggest that the political-psychological means to ensure submission preclude and prevent the contribution of subjects towards collective ends, which would render Hobbes’s commonwealth near indefensible. This paper will argue instead that Hobbes does envision a way his sovereign could harness potentia publica: the sovereign must also instil an artificial will through civil honour, an artificial will that is necessary for the defence of the commonwealth.
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Milosavljević, Srđan, Aleksandar Ivanovski, Predrag Lazarević, and Lazar Živković. "Elements of aikido applicable in self-defense." Sport — nauka i praksa = Sport — Science And Practice 10, no. 2 (2020): 59–69. http://dx.doi.org/10.5937/snp2002059m.
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This paper points to the potential implementation of certain elements of aikido, especially levers, in self-defence. The specifics of certain elements of aikido enable their implementation in self-defence. Proper execution of aikido elements in technical terms is an important prerequisite for their effectiveness in self-defence. Good mastering when it comes to performing individual aikido elements, is necessary in order for them to be qualitatively connected into a meaningful whole, that is, a combination that will represent an adequate response in a particular problem situation. For that reason, insisting on the best possible execution of each individual element of aikido certainly leads to an increase in the chance for its efficient and purposeful implementation in self-defence.
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Willems, Erik P., T. Jean M. Arseneau, Xenia Schleuning, and Carel P. van Schaik. "Communal range defence in primates as a public goods dilemma." Philosophical Transactions of the Royal Society B: Biological Sciences 370, no. 1683 (December 5, 2015): 20150003. http://dx.doi.org/10.1098/rstb.2015.0003.
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Classic socio-ecological theory holds that the occurrence of aggressive range defence is primarily driven by ecological incentives, most notably by the economic defendability of an area or the resources it contains. While this ecological cost–benefit framework has great explanatory power in solitary or pair-living species, comparative work on group-living primates has always found economic defendability to be a necessary, but not sufficient condition to account for the distribution of effective range defence across the taxon. This mismatch between theory and observation has recently been ascribed to a collective action problem among group members in, what is more informatively viewed as, a public goods dilemma: mounting effective defence of a communal range against intrusions by outgroup conspecifics. We here further develop this framework, and report on analyses at three levels of biological organization: across species, across populations within a single lineage and across groups and individuals within a single population. We find that communal range defence in primates very rarely involves collective action sensu stricto and that it is best interpreted as the outcome of opportunistic and strategic individual-level decisions. Whether the public good of a defended communal range is produced by solitary, joint or collective action is thus the outcome of the interplay between the unique characteristics of each individual, local and current socio-ecological conditions, and fundamental life-history traits of the species.
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Nick, Christina. "In Defence of Democratic Dirty Hands." Theoria 66, no. 160 (September 1, 2019): 71–94. http://dx.doi.org/10.3167/th.2019.6616005.
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This paper considers three arguments by David Shugarman and Maureen Ramsay for why dirty hands cannot be democratic. The first argues that it is contradictory, in principle, to use undemocratic means to pursue democratic ends. There is a conceptual connection between means and ends such that getting one’s hands dirty is incompatible with acting in accordance with democratic ends. The second claims that using dirty-handed means, in practice, will undermine democracy more than it promotes it and therefore cannot be justified. The final criticism states that politicians with dirty hands are a sign that politics is no longer meeting the criteria necessary to be called democratic. The paper shows that such rejections of democratic dirty hands are based on misunderstandings of the nature of dirty hands and democratic politics.
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Burrows, Andrew. "IN DEFENCE OF UNJUST ENRICHMENT." Cambridge Law Journal 78, no. 3 (October 10, 2019): 521–44. http://dx.doi.org/10.1017/s0008197319000722.
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AbstractThis article seeks to defend the law of unjust enrichment against the recent influential attacks of Robert Stevens (“The Unjust Enrichment Disaster” (2018) 134 LQR 574) and Lionel Smith (“Restitution: A New Start?” in Devonshire and Havelock, The Impact of Equity and Restitution in Commerce (2018), ch. 5). A central argument here put forward is that there is a law of unjust enrichment, embodying a cause of action in unjust enrichment, which unites what Stevens and Smith see as disparate categories. A linked but separate argument is that, within the central area of unjust enrichment, Stevens is incorrect to regard the defendant's acceptance of performance as being necessary to trigger restitution albeit that acceptance may be relevant in establishing that the defendant has been enriched. A further, and more specific, argument is that, with great respect, the overruling, as a matter of principle, of Sempra Metals Ltd. v IRC [2007] UKHL 34, [2008] 1 A.C. 561, by the Supreme Court in Prudential Assurance Ltd. v HMRC [2018] UKSC 39, [2018] 3 WLR 652, seems unfortunate and appears to have been influenced by Stevens's excessively narrow approach to the meaning of “at the expense of”.
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McKee, M., A. M. Pollock, A. Clarke, D. McCoy, J. Middleton, R. Raine, and A. Scott-Samuel. "In defence of the NHS: why writing to the House of Lords was necessary." BMJ 343, oct11 2 (October 11, 2011): d6535. http://dx.doi.org/10.1136/bmj.d6535.
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Sarowar, Sujon, Hyun Woo Oh, Hye Sun Cho, Kwang-Hyun Baek, Eun Soo Seong, Young Hee Joung, Gyung Ja Choi, Sanghyeob Lee, and Doil Choi. "Capsicum annuum CCR4-associated factor CaCAF1 is necessary for plant development and defence response." Plant Journal 51, no. 5 (June 21, 2007): 792–802. http://dx.doi.org/10.1111/j.1365-313x.2007.03174.x.
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Guimarães, Márcio. "Autonomização da Defesa Europeia por Via da Diferenciação: Cooperação Estruturada Permanente." Nação e Defesa, no. 155 (April 1, 2020): 37–49. http://dx.doi.org/10.47906/nd2020.155.02.
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The Lisbon Treaty provided for the establishment of Permanent Structured Cooperation (CEP). In 2017, a group of 25 Member States decided join the CEP jointly in order to facilitate defence cooperation. To this end, the participating E-M have collaborated in several defence projects and sectors with the gradual goal of building common defence. The AR / VP is the figure who coordinates a fully orchestra, in tune with the European Defence Agency and the European External Action Service, so that CEP projects have a good progress. It will be demonstrated that the CARD, the CDP and the EDF are essential for CEP to provide the necessary assets for the real impact on the Union’s defence capabilities. Portugal proved to be careful, but assertive in this process and can provide an important contribution in the industrial and research fields.
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Jacobsen, Jeppe T. "Lacan in the US cyber defence: Between public discourse and transgressive practice." Review of International Studies 46, no. 5 (March 20, 2020): 613–31. http://dx.doi.org/10.1017/s026021052000008x.
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AbstractEdward Snowden exposed the discrepancy between the official US defence discourse of liberal values in cyberspace and secret surveillance and cyber exploitation practices. Situated in the critical literature on security and surveillance, the article proposes that more attention needs to be paid to the constitutive role of transgressive practices for security communities. The article introduces a Lacanian strategy for studying transgression in the US cyber defence community. Through this strategy, a transgressive other – in this case, China in cyberspace – enters the fantasy of the US cyber defence community as the symptom that conceals more fundamental tensions in the US cyber defence. But the community's representation of China in cyberspace represents more than that; China is a fantasmatic object that structures and gives content to a desire for transgressing the official ideals of the US cyber defence. This is why the excessive cyber practices that China is criticised for conducting mirror the secret, disavowed transgressions of the US cyber defence. Transgressions, the article concludes through Lacan, provide the necessary (partial) enjoyment that sustains the US cyber defence community as a solidarity-in-guilt and the official US cyber defence discourse.
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Нестеренко, О. В. "System of subjects ensuring national security and defence of Ukraine." Law and Safety 77, no. 2 (June 24, 2020): 33–39. http://dx.doi.org/10.32631/pb.2020.2.04.
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The author of the article substantiates the relevance and timeliness of the systematization of the subjects of national security and defense of Ukraine.
On the basis of generalization and analysis of the current legislation in the field of national security and defense, the author has defined the system of subjects of national security and defense of Ukraine as follows:
1) management subsystem (the President of Ukraine);
2) controlled subsystem: security forces – law enforcement and intelligence agencies, state agencies of special purpose with law enforcement functions, civil defence forces and other agencies; Defense Forces – the Armed Forces of Ukraine, as well as other military formations, law enforcement and intelligence agencies, special purpose agencies with law enforcement functions formed in accordance with the laws of Ukraine; defense-industrial complex; citizens and public associations;
3) auxiliary parts of the system (Verkhovna Rada of Ukraine, Cabinet of Ministers of Ukraine, judicial agencies, international institutions).
It has been offered to amend Part 1 of the Art. 12 of the Law of Ukraine “On National Security of Ukraine”, supplementing the four interconnected components of the security and defense sector with a fifth one – leadership in the field of national security and defense. At the end of the list contained in Part 2 of the Art. 12 of the Law of Ukraine “On National Security of Ukraine”, we consider it necessary to add the phrase “and other authorized agencies”, since the existing list of agencies that are part of the security and defense sector is not exhaustive. The main subjects of national security and defense of Ukraine have been characterized.
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Da Silva, Michael. "Quantifying Desert Prior to the Rightful Condition: Towards a Theoretical Understanding of the Provocation Defence." Canadian Journal of Law & Jurisprudence 26, no. 1 (January 2013): 49–82. http://dx.doi.org/10.1017/s0841820900005956.
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The provocation defence, which militates against full legal responsibility for unjustified killings in several common law jurisdictions, has been the subject of considerable controversy during recent decades. Much of the criticism focused on substantive legal issues. This article examines the philosophical bases for the defence in hopes of establishing a theoretical groundwork for future debate on the legal defence. The defence originated on desert bases and continues to be understood on those grounds. This article thus examines it in light of two dominant desert-based theories of punishment originating with Aristotle and Immanuel Kant respectively.Ultimately, the best theory of punishment and the best theory of defence are provided by different approaches. The more plausible and robust Kantian theory of punishment can nonetheless be supplemented by the Aristotelean theory of defence as a continent sociological morality to create a more nuanced account of defence that better explains both excuses in general and the provocation defence in particular. From a substantive legal perspective, this position justifies continued use of the provocation defence in our imperfect legal order, but the partial excuse of provocation will not exist in the ideal legal order. An ideal political order will sufficiently control its citizens’ emotions such that the defence cannot be justified. A partial excuse of provocation is only necessary in the interim.
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KOCHARYAN, TIGRAN, and AREN SARGSYAN. "STRATEGIC DEFENCE REVIEW IN THE CONTEXT OF REFORMS." Main Issues Of Pedagogy And Psychology 11, no. 2 (September 29, 2016): 144–51. http://dx.doi.org/10.24234/miopap.v11i2.261.
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The South Caucasus region is characterized by the presence of frozen conflicts, and the activation of impending threats. For security and stability it is important that the countries in the region have adopted a diametrically different security and defense strategies and policy of joining the centers of power and allies. Continuing development of defense capabilities is the logical choice for Armenia, which follows from the aims of the state and public security, and, if necessary, even the world compulsion. To achieve these objectives Republic of Armenia carries out a process, which is called Strategic Defense Review.
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Pietrzyk-Wiszowaty, Katarzyna. "The tendencies in Polish rail transport development in the context of defence requirements." Zeszyty Naukowe Akademii Sztuki Wojennej 105, no. 4 (August 28, 2017): 135–52. http://dx.doi.org/10.5604/01.3001.0010.3528.
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The expansion or modernisation of rail network requires the implementation of various activities that are aimed at, among other things, obtaining the appropriate technical conditions in order to meet the transportation needs of people and cargo. They are mostly dictated by economic considerations, targeted on achieving a high growth rate and strengthening the country’s competitiveness. Defence needs are increasingly irrelevant in the planning and realisation of investments in this area. Therefore it is necessary to closely combine the directions of its development with satisfying the needs of the state defence. Therefore, the aim of this article is an attempt to identify directions of development of railway transport in regard to defence requirements.
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Biscop, Sven. "Permanent Structured Cooperation and the Future of the ESDP: Transformation and Integration." European Foreign Affairs Review 13, Issue 4 (December 1, 2008): 431–48. http://dx.doi.org/10.54648/eerr2008034.
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The low deployability of Europe’s armed forces is a well–known problem. The primary cause of this problematic state of affairs is the still almost exclusively national focus of defence planning, while capability gaps at the aggregate EU and NATO levels are being ignored. The question must be asked whether the existing mechanisms for capability development, in the ESDP as well as NATO, are sufficient to achieve the required transformation from static to expeditionary forces within a reasonable time frame. The only way to achieve the quantum leap that is necessary to realise defence transformation is through pooling, which, by reducing intra–European duplications, can produce much more deployable capabilities within the current combined defence budget. From that point of view, Permanent Structured Cooperation, the new mechanism for capability development to be established by the Lisbon Treaty, has great potential. If successful, it will require a rethinking of NATO defence planning and its relation with the ESDP, as well as the start of a broader strategic debate on a defence white paper for the EU.
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Mukwiri, Jonathan. "Directors and Officers Insurance in the UK." European Business Law Review 28, Issue 4 (August 1, 2017): 547–73. http://dx.doi.org/10.54648/eulr2017027.
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This paper examines the significance of the directors’ and officers’ (D&O) insurance policies in the UK. It argues that the significance of D&O policies lies in D&O policies being commercial than legal tools for directors. When third parties sue a director, unless the director assumes personal responsibility (where this assumption is an element of the civil wrong), English law does not impose personal liability against the director, and a D&O policy, as a legal tool, may not respond. Moreover, as a legal tool, it may not be necessary, as defence costs can be provided to directors under company indemnity. As commercial tools, D&O policies provide directors with defence and investigation costs, and in criminal cases defence costs until the final judgment or admission of dishonest conduct. Moreover, as a commercial tool, unlike under company indemnity where directors would repay defence costs if unsuccessful, defence costs will usually be covered off by a D&O policy in the event of a negative judgment.
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Marshall, Paul. "Two Types of Rights." Canadian Journal of Political Science 25, no. 4 (December 1992): 661–76. http://dx.doi.org/10.1017/s0008423900004443.
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AbstractThe expression “human rights” is used currently to denote two distinct items: one is a guarantee given in positive law; the other is a moral claim purportedly innate to human beings. These two items commonly are conflated, implying that they have a necessary connection. Historically they do not; positive human rights have been defended by those with no concept of innate rights, while believers in extensive innate rights have argued for limited positive rights. The defence of positive rights of the type now found in international treaties would be served by distinguishing it from justifications of the contention that human beings have rights.
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Jang, SangHoon, and SukJun Lee. "Study on the Invention of Real-time Internet Document Automatic Search & Analysis System for MND's Digital Identity." Journal of Advances in Military Studies 2, no. 3 (December 31, 2019): 1–21. http://dx.doi.org/10.37944/jams.v2i3.55.
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As Internet media develops, not only individuals but governments have digital identities (digital identity includes images made by digital media), in addition, as Internet media develops, chances are high that images will be determined by digital identity. Therefore, companies are meeting customer needs through digital image management and data analysis. This is also necessary for government organizations like the Ministry of National Defence (MND). At least we can prevent the damage caused by fake news and can see the Internet’s response to defense policy. Therefore, we invented an automatic search and analysis program for real-time internet documents. Also, through experiments with the policy of MND, we studied the significance and possibility of the project.
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Mahr, Katharina, Georg Riegler, and Herbert Hoi. "Parental risk management in relation to offspring defence: bad news for kids." Proceedings of the Royal Society B: Biological Sciences 282, no. 1798 (January 7, 2015): 20141670. http://dx.doi.org/10.1098/rspb.2014.1670.
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Do parents defend their offspring whenever necessary, and do self-sacrificing parents really exist? Studies recognized that parent defence is dynamic, mainly depending on the threat predators pose. In this context, parental risk management should consider the threat to themselves and to their offspring. Consequently, the observed defence should be a composite of both risk components. Surprisingly, no study so far has determined the influence of these two threat components on parental decision rules. In a field experiment, we investigated parental risk taking in relation to the threat posed to themselves and their offspring. To disentangle the two threat components, we examined defence behaviours of parent blue tits Cyanistes caeruleus towards three different predators and during different nestling developmental stages. Nest defence strategies in terms of alarm call intensity and nearest predator approach differed between the three predators. Defence intensity was only partly explained by threat level. Most importantly, parental risk management varied in relation to their own, but not offspring risk. Parent defence investment was independent of nestling risk when parents followed a high-risk strategy. However, parents considered nestling as well as parental risk when following a low-risk strategy. Our findings could have general implications for the economy of risk management and decision-making strategies in living beings, including humans.
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Zeegers, Krit. "Defence Counsel Immunity at the Ad Hoc Tribunals." International Criminal Law Review 11, no. 5 (2011): 869–90. http://dx.doi.org/10.1163/157181211x603176.
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AbstractThe Statutes of the ad hoc Tribunals grant prosecutorial staff functional immunity, which aims to protect them against undue interference by states. Defence counsel, however, is not mentioned. As a result, it is unclear if counsel enjoy any such protection, and if so, what shape or form this may take. While the ad hoc Tribunals' Statutes are silent on this matter, the arrests of defence counsel in Croatia and Rwanda have forced the ICTY and ICTR to address this omission, which has generated a body of case law that will provide the starting point for this article. The different decisions can be classified into three distinct approaches, which will accordingly be scrutinized. This article will advocate a principled approach to defence counsel immunity, consisting of functional and personal immunity, as well as a principled approach to the waiver thereof. This will both ensure the necessary protection of an effective defence, while preventing these immunity arrangements to result in impunity.
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MROZEK, Adrian. "Eco-Design and its Tools - Attempted use in the Military Industry." Architecture, Civil Engineering, Environment 14, no. 3 (January 1, 2021): 81–88. http://dx.doi.org/10.21307/acee-2021-024.
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Abstract The development of military technology in recent years has made tremendous progress. However, some of these technologies have a direct impact on environmental degradation. This makes it necessary to introduce new solutions and technologies in the field of environmental protection. The paper provides a literature review on issues such as eco-design and its tools, life cycle assessment as well as attempted use of them in the defence sector. The environmental regulations and standards ensuring the quality of defence product have been described. In the military industry whose priorities are primarily related to defense the classic approach to design and its tools focused its attention on safety, functionality, ergonomics, costs, strength and technical parameters, instead of environmental problems. In fact militarism has huge impact on the climate because of giant greenhouse gas emissions, the main problem of the Armed Forces is the increased carbon footprint emissions which should be reduce of therefore case studies of eco-design and its tools, commercial software tools for carbon footprint calculation and life cycle assessment are described. The research is co-financed under the Program of the Ministry of Science and Higher Education “Implementation Doctorate”.
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Glaser, Daryl J. "The Right to Secession: An Antisecessionist Defence." Political Studies 51, no. 2 (June 2003): 369–86. http://dx.doi.org/10.1111/1467-9248.00429.
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Liberal egalitarians should support a right to secession while seeking to discourage secessions. The coherence of these apparently opposed stances depends upon three important distinctions that are under-explored in existing secession literature: between the right to secede and the choiceworthiness of secessions; between moral considerations relevant in advising would-be secessionists and those relevant in advising leaders of existing states; and between the legitimacy of a secession and the means that might be legitimately employed in advancing or resisting it. There is a strong but conditional right to secession rooted in the principle of associational freedom, but there are good reasons usually not to exercise it. Would-be secessionists should normally be advised against secession, but leaders of existing states should be advised to grant secessions that satisfy certain conditions. Only certain means are legitimate in resisting even secessions that fail to satisfy these conditions. If necessary the conditions that secessionists are expected to satisfy should be relaxed, provided relaxation takes place in a morally appropriate sequence.
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Pilić, Maja, and Zdravko Rajić. "INSTRUMENTI ZAŠTITE PROCESNIH PRAVA OBRANE U ISTRAZI PREMA ZAKONU O KAZNENOM POSTUPKU BOSNE I HERCEGOVINE." Pravni vjesnik 37, no. 2 (July 2021): 167–87. http://dx.doi.org/10.25234/pv/11997.
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With the entry into force of the Criminal Procedure Code of Bosnia and Herzegovina, the roles of the prosecutor and the court have been changed significantly compared to the earlier legislation, especially in the investigative procedure. According to the existing normative framework, the role of the court in the investigation is much more passive since at this stage of the procedure the court does not control the merits of conducting the investigation. The mixed accusatorial concept of investigation as the one existing in the criminal justice system of Bosnia and Herzegovina has led to certain restrictions on the rights of the defence in investigation. Investigation is an important stage in criminal proceedings that is conducted for evidence and data collecting necessary to decide whether to file an indictment or discontinue the proceedings, as well as for evidence that can be presented at the main hearing and upon which the judgment is rendered. It is therefore necessary to ensure that a proper and lawful investigation is conducted. This means to make sure that all parties involved in the investigation, especially defence are treated in a fair manner. The right to defence is a fundamental human and constitutional right guaranteed by international conventions. The right to defence results in several individual rights enjoyed by suspects in preliminary proceedings. In order to ensure effective judicial protection of the rights of the suspects, the paper analyses the domestic criminal justice system and presents comparative legal solutions regarding the protection of procedural rights of the defence in investigation. The fundamental issues in analysing regulatory framework in Bosnia and Herzegovina are the lack of effective judicial protection of procedural rights of the defence, the absence of an effective legal remedy to conduct an investigation facilitating the principle of a fair trial for defence and the principle of equality of arms in pre-trial proceedings. In addition, the paper analyses the issue of informing the suspect of an order for investigation, since according to applicable regulations, the suspect does not even need to know about an investigation conducted against him, which is a violation of the principle of right to a fair trial.