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Journal articles on the topic 'Self-defense (Law) Justification (Law) Necessity (Law)'

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Published: 4 June 2021

Last updated: 14 February 2022

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1

Bernsmann, Klaus. "Private Self-Defence and Necessity in German Penal Law and in the Penal Law Proposal — Some Remarks." Israel Law Review 30, no. 1-2 (1996): 171–87. http://dx.doi.org/10.1017/s002122370001503x.

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Self-defence and necessity are central institutions of the General Part of German Penal Law. Numerous problems of considerable practical and theoretical relevance are connected with them. How to deal with “self-defence” and “necessity” is also an indicator of liberality or, on the other hand, of the minimum solidarity and public spirit which a State can concede to its citizens or demand of them. In German criminal theory, “self-defence” and “necessity” are closely connected with the release of the distinction between justification and excuse and all conclusions derived thereof.Instead of elabo

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2

Coca-Vila, Ivó. "Conflicting Duties in Criminal Law." New Criminal Law Review 22, no. 1 (2019): 34–72. http://dx.doi.org/10.1525/nclr.2019.22.1.34.

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Despite the great interest aroused among Anglo-American criminal law scholars by the justification of necessity, the conflict of duties as a separate defense sui generis has gone largely unnoticed until now. The aim of this paper is to fill the gap by providing a critical review of the concept and foundation for a conflict of duties as defense in the continental criminal law. Regarding the former, this legal institution is defined as a conflict between grounds of obligation that cannot be cumulatively fulfilled. Their deontic nature (prohibited or required) is thus irrelevant. With regard to t

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3

Góómez, Daniel Varona. "Duress and the Antcolony's Ethic: Reflections on the Foundations of the Defense and its Limits." New Criminal Law Review 11, no. 4 (2008): 615–44. http://dx.doi.org/10.1525/nclr.2008.11.4.615.

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Duress is probably the most controversial defense in criminal law theory. Neither its foundation nor its nature as a justification or mere excuse nor its limits achieves any consensus among criminal law academics. In this paper a foundation of the duress defense is presented that considers that its importance lies in the fact that it allows us to appeal to considerations of justice and fairness that can explain the decision to forgo punishment in circumstances when the conduct performed by the actor cannot be considered socially beneficial or correct according to an objective (impartial) asses

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4

Davis, Michael. "Between Peace and War: The Moral Justification of State-Sanctioned Killing of Another State’s Civilian Officials." International Criminal Law Review 14, no. 4-5 (2014): 789–812. http://dx.doi.org/10.1163/15718123-01405004.

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The subject of this article is not (primarily) state-sanctioned assassination of high officials but of lower officials, such as scientists or engineers working for Iran's nuclear program. The following seem to be the main arguments that might be offered as moral justification of such killing of another state's civilian officials: policing, execution, war, self-defense, defense of the innocent, necessity, fairness, retribution, reasons of state, best option, and mutual consent. From a survey of these arguments, we may conclude that no state-sanctioned killing of civilian officials of another st

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Ginszt, Katarzyna, and Jakub Ginszt. "THE CONCEPT OF SELF-DEFENSE IN AMERICAN AND POLISH LEGAL SYSTEMS – A COMPARATIVE ANALYSIS." Review of European and Comparative Law 29, no. 2 (2017): 85–104. http://dx.doi.org/10.31743/recl.4269.

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The article is devoted to the issue of self-defense in Polish and American law . Currently, there are attempts to widen the scope of necessary self-protection in Polish legislation and to implement provisions which allow for using greater degree of force by a person attacked at home . The justification of the draft refers to the American law which is more developed in the context of the defense of habitation . Thus, the article provides an analysis of existing legal solutions in American criminal law concerning e .g . the legal definition of self-defense, the use of deadly force, the duty to r

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6

Dennis, Ian. "Instrumental Protection, Human Right or Functional Necessity? Reassessing the Privilege Against Self-Incrimination." Cambridge Law Journal 54, no. 2 (1995): 342–76. http://dx.doi.org/10.1017/s0008197300083690.

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THE privilege against self-incrimination has always attracted controversy. Legal historians continue to disagree over its origins,1 and its justification has been keenly debated ever since Bentham's famous attack on it as a misguided concession to the guilty.2 This debate has recently entered a new and critical phase as the result of diametrically opposed developments by, on the one hand, the courts and legislature in England and, on the other, by the institutions of the European Convention of Human Rights.

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Grudecki, Michał. "Bezpośredniość zamachu oraz współmierność sposobu obrony – granice obrony koniecznej w najnowszym orzecznictwie Sądu Najwyższego i sądów apelacyjnych." Problemy Prawa Karnego 27, no. 1 (2017): 89–101. http://dx.doi.org/10.31261/ppk.2017.01.03.

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The following article aims at discussing the attributes of the directness of attack and the commensurateness of the means of necessary self-defense, which constitute the most significant, but also the most controversial, prerequisites for the justification of necessary self-defense. The author conducts his study on the basis of selected case law of appeal courts and the Supreme court, dating back four years. In this way, the article allows to delineate the limits of necessary self-defense, as well as present particular cases of exceeding the limits of necessary self-defense.

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8

Haque, Adil Ahmad. "Protecting and Respecting Civilians." New Criminal Law Review 14, no. 4 (2011): 519–75. http://dx.doi.org/10.1525/nclr.2011.14.4.519.

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There is a gap between the international humanitarian law of Geneva and the international criminal law of Rome, a gap between the law we have and the law we need if we are to “ensure respect for and protection of the civilian population” caught in the midst of armed conflict. The Rome Statute of the International Criminal Court fails to fully enforce four core principles of humanitarian law designed to protect civilians: distinction, discrimination, necessity, and proportionality. As a result, it is possible for a combatant with a culpable mental state, without justification or excuse, and in

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9

Zuckerman, Adrian A. S. "Coercion and the Judicial Ascertainment of Truth." Israel Law Review 23, no. 2-3 (1989): 357–74. http://dx.doi.org/10.1017/s0021223700016770.

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The Commission of Inquiry into the Methods of Investigation of the General Security Service regarding Hostile Terrorist Activity dealt with the investigation methods which were practiced by the General Security Service (GSS) and which impinged on the rights of suspects.Suspects under interrogation have a number of rights: the right not to be physically or mentally injured or otherwise mistreated, the privilege against self-incrimination and a number of ancillary procedural rights, such as the right to consult a lawyer. The Commission concluded that the interests of combatting terrorism justify

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10

Miller, Richard B. "Justifications of the Iraq War Examined." Ethics & International Affairs 22, no. 1 (2008): 43–67. http://dx.doi.org/10.1111/j.1747-7093.2008.00129.x.

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This article examines three arguments according to which the Iraq war has been justified: preemptive or preventive self-defense, law enforcement, and humanitarian rescue. It concludes that for empirical and moral reasons, the Iraq war lacks a just cause. In the course of making that judgment, the article explores moral and practical implications of a preventive war policy. It also examines efforts to invoke one justification—rescue—retrospectively to justify the war. The article claims that such ex post justifications confuse the meaning of intention and, wittingly or unwittingly, allow leader

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11

Forder, Caroline, and Robert Ward. "Child Custody Appeals: The Search for Principle." Cambridge Law Journal 46, no. 3 (1987): 489–508. http://dx.doi.org/10.1017/s0008197300117489.

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The vagueness and uncertainty of application of the principles used to determine child custody appeals continue to cause great problems for the legal practitioner who must advise a client aggrieved by a decision at first instance. Child custody is an area where the right of appeal is unrestricted, but appeal court judges have nonetheless shown a marked tendency towards self-restraint in the exercise of their appellate jurisdiction. Two principal reasons are commonly given for this: first, the trial court in a child custody dispute often has a special advantage not possessed by the appeal court

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12

Ronzitti, Natalino. "Rescuing Nationals Abroad Revisited." Journal of Conflict and Security Law 24, no. 3 (2019): 431–48. http://dx.doi.org/10.1093/jcsl/krz030.

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Abstract The general rule on the prohibition on use of force in international relations has rendered controversial the cases in which states may lawfully resort to armed force. Even self-defense, which is undoubtedly a lawful action, is the object of contentious interpretations of its precise content and modalities of exercise. Are there lawful instances of recourse to armed action in addition to self-defense and use of force authorized by the United Nations? This is greatly disputed and the controversy also embodies the legality of intervention for rescuing nationals abroad. The latter's lawf

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Lapawa, Dominika. "Pozaustawowy kontratyp działania w ramach uprawnień wynikających z prawa do obrony w kontekście nowelizacji art. 233 §1 Kodeksu karnego." Problemy Prawa Karnego 28, no. 2 (2018): 91–123. http://dx.doi.org/10.31261/ppk.2018.02.06.

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The work is devoted to the non-statutory justification of action in the scope of the right to defence, whose purpose was the exclusion of criminal responsibility for giving false testimony by a witness – the actual perpetrator – in his or her case. It was emphasised that the defence which heretofore resulted from Art. 182 and 183 kk was insufficient for the witness. One discussed inter alia the legal basis of the justification, its constituent elements, one indicated the controversies which were caused by the concept of justification, and which to a great extent were associated with the violat

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Khudyk, Andriy. "The constitutional principle of establishing taxes and levies exclusively by the laws of Ukraine." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 126–31. http://dx.doi.org/10.36695/2219-5521.1.2020.24.

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The article covers one of the aspects of the problem of constitutionalizing public finances in Ukraine, namely the legal construction and content of the fundamental, enshrined in the Constitution, principle of the legal regulation of the tax system of Ukraine - the principle of establishing taxes and levies exclusively by the laws of Ukraine. The article argues that state taxes and levies, in accordance with Article 67 of the Constitution of Ukraine, can be considered to be established by law if they are established by the proper subject, the legislative body, in the proper form of the law on

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15

Kutz, Christopher. "Self-Defense and Political Justification." California Law Review 88, no. 3 (2000): 751. http://dx.doi.org/10.2307/3481191.

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16

Enker, Arnold. "Duress, Self-Defense and Necessity in Israeli Law." Israel Law Review 30, no. 1-2 (1996): 188–206. http://dx.doi.org/10.1017/s0021223700015041.

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The defenses of Duress, Self-Defense (or private defense) and Necessity are today set forth in sections 21, 22 and 22A, respectively, of the Israel Penal Law, 1977. However, in order to understand these defenses fully, it is necessary to go back to the provisions of the Criminal Code Ordinance, 1936, wherein the ruling British Mandatory authorities replaced the Ottoman Penal Law which had prevailed in Palestine before the Mandate. For, its name to the contrary notwithstanding, the 1977 Penal Law was not primarily an original Israeli enactment. Rather, it was in considerable measure merely a He

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17

Sangero, Boaz. "Heller's Self-Defense." New Criminal Law Review 13, no. 3 (2010): 449–84. http://dx.doi.org/10.1525/nclr.2010.13.3.449.

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This article reflects on District of Columbia v. Heller and proposes a new footing and limit to the right to bear arms: a person's inalienable right to selfdefense. Self-defense is a natural right embedded in personhood and is antecedent to the social contract that sets up a state. This right consequently remains with the person following the establishment of the state and allows her to use proportional force necessary for resisting aggression. The right to bear arms derives from the constitutional right to self-defense, which merits protection under both the Ninth and Fourteenth Amendments. T

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18

Tesón, Fernando R. "Self-Defense in International Law and Rights of Persons." Ethics & International Affairs 18, no. 1 (2004): 87–91. http://dx.doi.org/10.1111/j.1747-7093.2004.tb00455.x.

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In War and Self-Defense David Rodin uncovers many flaws of current thinking about war. Rodin correctly points out that the justification of national self-defense goes beyond the justification of individual self-defense. He accurately rejects the standard notion of moral symmetry—the accepted view that both just and unjust warriors can permissibly kill enemies as long as they observe the laws of war. Rodin vindicates the right view: if a war is unjust, each and every injury caused by the unjust warrior is a criminal act. There are no morally justified killings by those who fight unjust wars. Fu

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19

Schachter, Oscar. "Self-Defense and the Rule of Law." American Journal of International Law 83, no. 2 (1989): 259–77. http://dx.doi.org/10.2307/2202738.

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Self-defense on the international level is generally regarded, at least by international lawyers, as a legal right defined and legitimated by international law. Governments, by and large, appear to agree. When they have used force, they have nearly always claimed self-defense as their legal justification. Governments disputing that claim have usually asserted that the legal conditions of self-defense were not met in the particular case. However, despite the apparent agreement that self-defense is governed by law, the meaning and validity of that proposition remain open to question. There are s

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Conde, Francisco Muññoz. "Putative Self-Defense: A Borderline Case Between Justification and Excuse." New Criminal Law Review 11, no. 4 (2008): 590–614. http://dx.doi.org/10.1525/nclr.2008.11.4.590.

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21

Cotton, Michele. "The Necessity Defense and the Moral Limits of Law." New Criminal Law Review 18, no. 1 (2015): 35–70. http://dx.doi.org/10.1525/nclr.2015.18.1.35.

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It is puzzling that American criminal law recognizes self-defense while rejecting the conceptually similar defense of necessity. Necessity applies where pressing circumstances provoke the defendant to commit an otherwise unlawful act, while self-defense applies where an assailing person does so. Different treatment would make sense if the two defenses were morally distinguishable. But they are morally equivalent, whether considered from the perspective of natural law, social contract theory, or utilitarianism. Rather, the motivation appears to be that the necessity defense, unlike self-defense

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22

Keramova, S. N. "EXTREME NEED AS AN INSTITUTE OF SELF-DEFENSE IN ADMINISTRATIVE LAW." Law Нerald of Dagestan State University 35, no. 3 (2020): 67–70. http://dx.doi.org/10.21779/2224-0241-2020-35-3-67-70.

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The article analyzes the features of such a measure of self-defense as the institution of extreme necessity in administrative law, and examines judicial practice in such cases. It is stated that extreme necessity is a circumstance that excludes administrative responsibility of a person for the committed offense. Criteria of extreme necessity are listed. It is noted that the Code of administrative offences of the Russian Federation contains conditions for the use of extreme necessity. The need for three conditions to exclude the illegality of an administrative offense and release a person from

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23

Akande, Dapo, and Thomas Liefländer. "Clarifying Necessity, Imminence, and Proportionality in the Law of Self-Defense." American Journal of International Law 107, no. 3 (2013): 563–70. http://dx.doi.org/10.5305/amerjintelaw.107.3.0563.

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The concepts of necessity, imminence, and proportionality play a central part in Daniel Bethlehem’s sixteen proposed principles regulating a state’s use of force against an imminent or actual attack by nonstate actors. While all three are requirements that must be considered in the law of self-defense, their exact content remains somewhat unclear. In this comment, we examine how each one is conceived in Bethlehem’s principles and review the questions that remain unanswered.

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Norrie, Alan. "The Problem Of Mistaken Self-Defense: Citizenship, Chiasmus, and Legal Form." New Criminal Law Review 13, no. 2 (2010): 357–78. http://dx.doi.org/10.1525/nclr.2010.13.2.357.

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This essay concerns the law of mistaken self-defense in England and Wales. It considers the widely held view that the honest mistake rule is wrong because it relates the mistake to mens rea. It accordingly fails to distinguish between offense and defense, and within defenses between justification and excuse. I argue against this view that these core criminal law concepts are fluid and irresolute. Mistaken self-defense can be analyzed in terms of an irreducible chiasmus (antithesis) in the law between "doing the right thing for a wrong reason" and "doing the wrong thing for a right reason." Thi

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Arneson, Richard J. "JOEL FEINBERG AND THE JUSTIFICATION OF HARD PATERNALISM." Legal Theory 11, no. 3 (2005): 259–84. http://dx.doi.org/10.1017/s1352325205050147.

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Joel Feinberg was a brilliant philosopher whose work in social and moral philosophy is a legacy of excellent, even stunning achievement. Perhaps his most memorable achievement is his four-volume treatise on The Moral Limits of the Criminal Law, and perhaps the most striking jewel in this crowning achievement is his passionate and deeply insightful treatment of paternalism. Feinberg opposes legal paternalism, the doctrine that “it is always a good reason in support of a [criminal law] prohibition that it is probably necessary to prevent harm (physical, psychological, or economic) to the actor h

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V. Talan, Maria, and Oleg N. Dunin. "CONCEPTIONS OF SELF-DEFENSE IN THE CRIMINAL LAW OF THE RUSSIA AND THE UNITED STATES." Humanities & Social Sciences Reviews 7, no. 6 (2019): 652–56. http://dx.doi.org/10.18510/hssr.2019.7697.

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Purpose: This article is devoted to the analysis of the concepts of self-defense in the criminal law of Russia and the USA. The Russian Federation has developed a negative law enforcement practice in the field of implementation of the norms on necessary defense. Persons protecting themselves and their loved ones from criminals and causing harm to criminals who commit an attack are often prosecuted for violating the principle of proportionality of defense and attack, which under current law qualifies as exceeding the limits of necessary defense. Methodology: In the United States, criminal

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Aristo, Muhammad Adiel. "Criminal Law Policy Against Actor Of Criminal Performance Persecution." Jurnal Daulat Hukum 3, no. 1 (2020): 139. http://dx.doi.org/10.30659/jdh.v3i1.8412.

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In simple terms, it can be described that the act of persecution starts with the act of identifying, searching for and executing the perpetrators who are suspected of committing criminal acts based on the above reasons, or in other words, that persecution is an act of judgment without going through the proper process or procedure, which in criminal law called the act of vigilante (eigenrechting). The formulation of the problem presented is how is the criminal law policy towards the perpetrators of criminal acts of persecution. The method of approach in research uses normative juridical researc

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Wendel, W. Bradley. "Should Lawyers Be Loyal To Clients, the Law, or Both?" American Journal of Jurisprudence 65, no. 1 (2020): 19–39. http://dx.doi.org/10.1093/ajj/auaa004.

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Abstract: Loyalty is a central ideal in both legal ethics and fiduciary law, but recent theoretical approaches to legal ethics also emphasize the connection between the legal profession and the rule of law or democratic self-government. In order for lawyers to perform the role of securing relationships of mutual respect among citizens of a political community, the requirement of single-minded, partisan loyalty to clients may need to be relaxed. Fidelity to law may be in tension with fidelity to clients. This paper considers Daniel Markovits’s strong conception of loyalty and his argument that

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Morse, Stephen J. "The misbegotten marriage of soft psychology and bad law: Psychological self-defense as a justification for homicide." Law and Human Behavior 14, no. 6 (1990): 595–618. http://dx.doi.org/10.1007/bf01044884.

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MacCulloch, Angus. "The privilege against self-incrimination in competition investigations: theoretical foundations and practical implications." Legal Studies 26, no. 2 (2006): 211–37. http://dx.doi.org/10.1111/j.1748-121x.2006.00012.x.

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This paper examines the historical and theoretical basis of the privilege against self-incrimination and the case-law regarding the privilege before the UK and European courts in order to understand better the development of the privilege in relation to competition investigations in the UK and EU. The historical and theoretical basis of the privilege indicates that the privilege is a relatively modern legal creation and a number of theoretical bases are offered to justify its existence. The theoretical justifications assist in a better understanding of the extant case-law, but indicate that so

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Ewing, Charles Patrick. "Psychological self-defense: A proposed justification for battered women who kill." Law and Human Behavior 14, no. 6 (1990): 579–94. http://dx.doi.org/10.1007/bf01044883.

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Sloane, Robert D. "On the Use and Abuse of Necessity in the Law of State Responsibility." American Journal of International Law 106, no. 3 (2012): 447–508. http://dx.doi.org/10.5305/amerjintelaw.106.3.0447.

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Necessity, necessità, is Machiavelli’s guiding principle . . . that infringing the moral law is justified when it is necessary.Thus is inaugurated the dualism of modern political culture, which simultaneously upholds absolute and relative standards of value. The modern state appeals to morality, to religion, and to natural law as the ideological foundation for its existence. At the same time it is prepared to infringe any or all of these in the interest of self-preservation.—J. M. CoetzeeRecent jurisprudence in investment arbitration, almost all of which originated in disputes arising out of A

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Zreik, Raef. "Historical Justice: On First-Order and Second-Order Arguments for Justice." Theoretical Inquiries in Law 21, no. 2 (2020): 491–529. http://dx.doi.org/10.1515/til-2020-0022.

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AbstractThis Article makes three moves. First it suggests and elaborates a distinction—already implicit in the literature—between what I will call the first and second order of arguments for justice (hereinafter FOAJ and SOAJ). In part, it is a distinction somewhat similar to that between just war and justice in war. SOAJ are akin to the rules governing justice in war or rules of engagement, while bracketing the reasons and causes of the conflict. FOAJ on the hand are those principles of justice and arguments that derive their power from the distribution of entitlements, rights and duties of t

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Küblbeck, Eva. "The Immunity of Civilians –." Journal of International Humanitarian Legal Studies 4, no. 2 (2013): 262–95. http://dx.doi.org/10.1163/18781527-00402003.

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The paper purports to consider the question of whether it is conceivable that a people, who have been occupied and whose rights have been severely violated for several decades, may legitimately target civilians as a last resort. Looking at terrorist attacks, inter alia suicide attacks, in the Palestinian- Israeli conflict, this paper scrutinizes philosophical and legal attempts to justify the deliberate killing of civilians in order to compel the opponent into changing his politics. The paper draws a simplified picture of the historical developments in the region and does not provide an exhaus

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Enker, Arnold N. "IN RE A: SEVERING THE CONJOINED TWINS IN JEWISH LAW." Journal of Law and Religion 29, no. 2 (2014): 276–300. http://dx.doi.org/10.1017/jlr.2014.8.

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AbstractIn re A was decided by the English courts in 2000. Twin girls, named Jodie and Mary for purposes of the decision, were born joined together at their lower extremities. Jodie's heart and lungs were more or less healthy. But Mary's were insufficiently developed and could not provide her with the flow of blood and oxygen needed to survive. However, the girls shared a single circulatory system so that Jodie's heart pumped blood that flowed through both their bodies. In this manner, Jodie's heart and lungs kept Mary alive. According to the doctors, this situation could continue for a period

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Arenson, Kenneth J. "The Paradox of Disallowing Duress as a Defence to Murder." Journal of Criminal Law 78, no. 1 (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 circumst

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Scoccia, Danny. "Autonomy, Want Satisfaction, and the Justification of Liberal Freedoms." Canadian Journal of Philosophy 17, no. 3 (1987): 583–601. http://dx.doi.org/10.1080/00455091.1987.10716455.

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By ‘Liberalism’ or ‘a liberal-democratic theory of justice’ I understand the thesis that a modern, affluent society is just only if it respects and enforces certain rights. Among these are rights to free speech, the liberty to make one's own self-regarding choices (free from excessive paternalistic meddling by the state), privacy, due process of law, participation in society's political decision-making, and private property in personal posessions. By a ‘justification’ of these core rights of liberalism I understand a moral theory (plus necessary empirical assumptions) from which they are deriv

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Medina, Barak. "Enhancing Freedom of Religion Through Public Provision of Religious Services: The Israeli Experience." Israel Law Review 39, no. 2 (2006): 127–57. http://dx.doi.org/10.1017/s0021223700013042.

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This Article challenges the premise that the separation of state and religion is a necessary predicate for religious free exercise. The state's duty to treat people as equals requires it to ensure that all citizens enjoy reasonable access to religious services. Public supply of religious services thus enhances the exercise of freedom of religion. The extent of public involvement in the provision of a religious service is not by itself a sufficient justification for the regulation of the relevant activity. In certain cases, the intervention is justified by reasons that are unrelated to the scop

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BANKS, WILLIAM C., and EVAN J. CRIDDLE. "Customary Constraints on the Use of Force: Article 51 with an American Accent." Leiden Journal of International Law 29, no. 1 (2016): 67–93. http://dx.doi.org/10.1017/s0922156515000655.

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AbstractThis article, prepared for the symposium on ‘The Future of Restrictivist Scholarship on the Use of Force’, examines the current trajectory of restrictivist scholarship in the United States. In contrast to their counterparts in continental Europe, American restrictivists tend to devote less energy to defending narrow constructions of the UN Charter. Instead, they generally focus on legal constraints outside the Charter's text, including customary norms and general principles of law such as necessity, proportionality, deliberative rationality, and robust evidentiary burdens. The article

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Ben-Shemesh, Yaacov. "Immigration Rights and the Demographic Consideration." Law & Ethics of Human Rights 2, no. 1 (2008): 1–34. http://dx.doi.org/10.2202/1938-2545.1027.

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Attaining and maintaining a substantial Jewish majority in Israel has been one of the basic goals of the State of Israel since its early years. A substantial Jewish majority within the borders of the state is thought to be necessary in order to preserve its Jewish nature. Many believe that the demographic consideration also stood behind the enactment of the Citizenship and Entry into Israel Law (Temporary Provision), 2003, which prohibits granting Israeli citizenship and residency to Palestinians from the West Bank and the Gaza Strip, and prevents, inter alia, Israeli Arabs from living in Isra

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Poteryayko, S., O. Barylo, and Yu Pereverzin. "DIRECTIONS FOR IMPROVEMENT OF LEGAL AND ORGANIZATIONAL MECHANISMS OF PUBLIC ADMINISTRATION IN THE FIELD OF CIVIL PROTECTION." Collected Scientific Papers of the Institute of Public Administration in the Sphere of Civil Protection, no. 6 (December 19, 2018): 71–77. http://dx.doi.org/10.35577/iducz.2018.06.09.

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In the scientific article raised questions about the problem of insufficient efficacy measures of organization management during emergency situations and ensuring of rescue operations, due to imperfect functioning legal and organizational mechanisms of state control in the field of civil protection. A more precise definition of the concept of "civil protection" is proposed, which includes the question of responding to emergencies. The necessity to improve the legal and organizational mechanisms of governance by making amendments to the provisions of the law of Ukraine on the order

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NESTEROV, OLEG A. "THEMORAL BASIS OF MODERN LEGAL NIHILISM." CASPIAN REGION: Politics, Economics, Culture 65, no. 4 (2020): 125–29. http://dx.doi.org/10.21672/1818-510x-2020-65-4-125-129.

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This article contains a philosophical study of the moral basis of modern legal nihilism. Usually legal nihilism is understood as a negative or indifferent attitude of individuals or social groups to law as a social institution. The universal and necessary nature of this phenomenon cannot be revealed by giving even the broadest list of active causes of its occurrence and spread. This nature of legal nihilism can be understood through systematic knowledge the idea of the moral spirit.Within the limits of this article, only the nearest spiritual and practical basis of the legal nihilism is reveal

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Lenard, Patti Tamara. "Fragile Trust: Muslim Communities in Canada and the R v. NS Decision." Law & Ethics of Human Rights 10, no. 2 (2016): 405–24. http://dx.doi.org/10.1515/lehr-2016-0013.

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Abstract In December 2012, the Canadian Supreme Court issued a ruling in R v. NS, in which a Muslim woman had demanded – citing her right to freedom of religion, as protected in the Canadian Charter of Rights and Freedoms – the right to cover her face, while giving testimony in a court of law. The defendants, also Muslim, demanded the right to see her face, in particular during cross-examination, as part of their right to the demeanor evidence that is necessary to provide “full answer and defense” and more generally as part of their right to a fair trial. The Supreme Court’s ruling stated that

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Grünhage, Thomas, and Martin Reuter. "What Makes Diets Political? Moral Foundations and the Left-Wing-Vegan Connection." Social Justice Research 34, no. 1 (2021): 18–52. http://dx.doi.org/10.1007/s11211-020-00361-w.

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AbstractThough meat-consumption is known to be a key factor in environmental damage, veganism and vegetarianism are still perceived to be left-wing-phenomena, ironically not penetrating to those who hold ideologies of conservation. Logical contradictions and historical counter-examples cast doubt on a substantive connection between political orientation and meat-eating. Instead, common psychological factors may predispose people toward both: left vs. right-wing political orientation and self-restrictive vs. omnivore eating preferences. Moral foundations have been shown to explain why even seem

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Regan, John M. "The “O'Brien Ethic” as an Interpretative Problem." Journal of British Studies 52, no. 4 (2013): 908–39. http://dx.doi.org/10.1017/jbr.2013.179.

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AbstractThe necessity of adopting or redefining illiberal measures—such as torture, internment, or targeted-killings of terrorists—to protect states places burdens on the meaning of liberalism around the world. After 1969, liberal intellectual responses to the so-called Troubles in Northern Ireland identified two conflicted groups of Irish liberals. Then academic and politician Conor Cruise O'Brien attempted to reduce responses to the crisis to the choice between supporting the state and condoning terrorism. “Consenting liberals” compromised professional practices in the law, journalism, broad

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Kaufman, Whitley. "What's Wrong with Preventive War? The Moral and Legal Basis for the Preventive Use of Force." Ethics & International Affairs 19, no. 3 (2005): 23–38. http://dx.doi.org/10.1111/j.1747-7093.2005.tb00552.x.

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The question of the legitimacy of preventive war has been at the center of the debate about the proper response to terrorism and the legitimacy of the Iraq War. One side has argued that preventive war is a legitimate and necessary tool for nations to use in defense against terrorists; the other side has claimed that war is permissible only in self-defense, and that therefore the preventive use of military force is unjustified both legally and morally. In this essay I attempt to clarify the terms of this debate by demonstrating that neither side is precisely correct. Both under Just War Doctrin

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Fernández de Casadevante Mayordomo, Pablo. "La prohibición de partidos políticos en Alemania. Del nuevo criterio de la potencialidad y la reciente reforma constitucional para la no financiación de formaciones antidemocráticas pero constitucionales // The prohibition on political parties in Germany. The new criterion of potentiality and the recent constitutional reform for not funding anti-democratic but constitutional formations." Revista de Derecho Político 1, no. 102 (2018): 235. http://dx.doi.org/10.5944/rdp.102.2018.22393.

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Resumen:El año 2017 fue testigo de importantes acontecimientos en relación con el fenómeno de la ideología de ultra derecha en Alemania. Si en enero, el Tribunal Constitucional Federal fallaba en contra de la prohibición del NPD pese a reconocer el carácter antidemocrático de sus objetivos, en julio entraba en vigor una reforma constitucional para excluir de la financiación estatal a formaciones políticas que, siendo contrarias al orden democrático, no sean objeto de prohibición al carecer del potencial necesario para alcanzar sus objetivos. A modo de colofón, septiembre finalizaba con la cele

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Korableva, Svetlana. "An Analysis of the Decrees of Plenary Sessions of the Supreme Court of the Russian Federation from the Standpoint of Cognitive Biases of Criminal Proceedings' Professional Participants." Russian Journal of Criminology 14, no. 5 (2020): 798–807. http://dx.doi.org/10.17150/2500-4255.2020.14(5).798-807.

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The research concepts of cognitive biases - predictable systemic cognitive mistakes - are being actively developed and used in different areas. A series of experiments showed that criminal proceedings participants also fall under the influence of cognitive biases and heuristics. Irrational assessments of judges, investigators, prosecutors, etc. could have a negative impact on crime investigation and sentencing because these processes should be rationalized as much as it is possible. The author summarizes the available information on systemic cognitive mistakes, analyzes some types of cognitive

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Mészáros, István. "From Primitive to Substantive Equality—via Slavery." Monthly Review 68, no. 4 (2016): 33. http://dx.doi.org/10.14452/mr-068-04-2016-08_4.

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Unlike materially grounded and strictly determined primitive equality, the realization of universally shared substantive equality is feasible only at a highly developed level of social/economic advancement that must be combined with the consciously pursued non-hierarchical (and thereby non-antagonistic) regulation of a historically sustainable social reproductive metabolism. That would be a radically different social metabolism, in contrast to all phases of historical development hitherto—including of course the spontaneous primitive equality of the distant past rooted in the grave material co

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Robinson, Robert. "Capacity as the Gateway: an alternative view." International Journal of Mental Health and Capacity Law, no. 3 (September 8, 2014): 45. http://dx.doi.org/10.19164/ijmhcl.v0i3.312.

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<p>The Royal Commission on the Law Relating to Mental Illness and Mental Deficiency (the Percy Commission) in its 1957 report put the case for providing “forms of control, within stated limits, over people suffering from mental disorder which do not apply to other people”. Paragraph 314 (i) of the report offers the following justification for compulsory treatment in the interests of the patient’s health: “When an illness or disability itself affects the patient’s judgment and appreciation of his own condition, there is a specially strong argument for saying that his own interests demand

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