WITCH-KILLINGS AND THE LAW IN UGANDA

2020 ◽  
Vol 35 (2) ◽  
pp. 270-296
Author(s):  
Rukundo Solomon
Keyword(s):  
Pragmatic Approach ◽  
Physical Force ◽  
Loved One ◽  
Delicate Balance ◽  
Self Defense ◽  
The Law ◽  
The Witch

AbstractPeople believed to be witches have been killed in many parts of Africa since precolonial times. Belief in witchcraft persists today among many people, occasionally resulting in the killing of the suspected witch. The killer views witchcraft as an attack similar in nature to the use of physical force and therefore kills the witch in an attempt to end the perceived attack. As it stands today, the law in Uganda fails to strike a balance between the rights of the deceased victim violated through murder and those of the accused who honestly believes that he or she or a loved one was a victim of witchcraft. This article argues that the defenses that are currently available—mistake of fact, self-defense, insanity, and provocation by witchcraft—are insufficient, as they fail to strike that delicate balance. A more pragmatic approach to the issue of witch-killing, one that deals with the elimination of belief in witchcraft, is necessary.

Military Professionalism and Humanitarian Law

2018 ◽  
Author(s):  
Yishai Beer
Keyword(s):  
International Law ◽  
Humanitarian Law ◽  
New Paradigm ◽  
The Core ◽  
Humanitarian Mission ◽  
Self Defense ◽  
Professional Perspective ◽  
The Law ◽  
Preemptive Strike ◽  
Military Professionalism

This book seeks to revitalize the humanitarian mission of the international law governing armed conflict, which is being frustrated due to states’ actual practice. In order to achieve its two aims—creating an environment in which full abidance by the law becomes an attainable norm, thus facilitating the second and more important aim of reducing human suffering—it calls for the acknowledgment of realpolitik considerations that dictate states’ and militaries’ behavior. This requires recognition of the core interests of law-abiding states, fighting in their own self-defense—those that, from their militaries’ professional perspective, are essential in order to exercise their defense. Internalizing the importance of existential security interests, when drawing the contours of the law, should not automatically come at the expense of the core values of the humanitarian agenda—for example, the distinction rule. Rather, it allows more room for the humanitarian arena. The suggested tool to allow for such an improved dialogue is the standards and principles of military professionalism. Militaries function in a professional manner; they respect their respective doctrines, operational principles, fighting techniques, and values. Their performances are not random or incidental. The suggested paradigm surfaces and leverages the constraining elements hidden in military professionalism. It suggests a new paradigm in balancing the principles of military necessity and humanity, it deals with the legality of a preemptive strike and the leveraging of military strategy as a constraining tool, and it offers a normative framework for introducing deterrence within the current contours of the law.

The Magician, the Witch, and the Law. Edward Peters

1981 ◽  
Vol 53 (2) ◽  
pp. 314-315
Author(s):  
Lawrence F. Barmann
Keyword(s):  
The Law ◽  
The Witch

scholarly journals Culpability, Kingston and the Law Commission

2010 ◽  
Vol 74 (5) ◽  
pp. 434-471 ◽  
Author(s):  
Cath Crosby
Keyword(s):  
Justice System ◽  
Criminal Liability ◽  
Character Theory ◽  
Criminal Offence ◽  
Pragmatic Approach ◽  
House Of Lords ◽  
The Law ◽  
Court Of Appeal ◽  
Law Commission ◽  
Do So

This article considers the basis upon which a person should be held to be criminally liable, and to do so, it is necessary to examine the leading theories of character and choice that underpin the State holding a person to be culpable of a criminal offence, i.e. the link between culpability and fault. The case of R v Kingston1 is used to examine the application of these leading theories and it is observed that choice theorists would not excuse such a defendant from criminal liability even though his capacity to make a choice to refrain from law breaking was made extremely difficult by external factors beyond his control. Only character theory could possibly offer exculpation in such circumstances on the basis that the defendant acted ‘out of character’ and his deed did not deserve the full censure and punishment of the criminal law. The Court of Appeal in R v Kingston would have been prepared to excuse, but the House of Lords, and most recently the Law Commission have adopted a pragmatic approach to the involuntarily intoxicated offender. This case serves as a reminder that while justice is the aim of the criminal justice system, it is not an absolute standard.

The Magician, The Witch, and The Law by Edward Peters

1979 ◽  
Vol 1 (1) ◽  
pp. 197-199
Author(s):  
David Harry Miller
Keyword(s):  
The Law ◽  
The Witch

The Magician, the Witch, and the Law (review)

1981 ◽  
Vol 19 (4) ◽  
pp. 502-506
Author(s):  
Brian P Copenhaver
Keyword(s):  
The Law ◽  
The Witch

Collective Security and Collective Self-Defense Under the Charter of the United Nations

1948 ◽  
Vol 42 (4) ◽  
pp. 783-796 ◽  
Author(s):  
Hans Kelsen
Keyword(s):  
United Nations ◽  
International Law ◽  
League Of Nations ◽  
Individual Member ◽  
Collective Security ◽  
Enforcement Action ◽  
Self Defense ◽  
The United Nations ◽  
The Law ◽  
The Individual

Collective security is the main purpose of the United Nations, just as it was the main purpose of its predecessor, the League of Nations. What does collective security mean? Under general international law the principle of self-help prevails. The protection of the legal interests of the states against violations on the part of other states is left to the individual state whose right has been violated. General international law authorizes the state, i.e., the individual member of the international community, to resort, in case of a violation of its rights, to reprisals or war against that state which is responsible for the violation. Reprisals and war are enforcement actions. Insofar as they are reactions against violations of the law, and authorized by it, they have the character of sanctions. We speak of collective security when the protection of the rights of the states, the reaction against the violation of the law, assumes the character of a collective enforcement action.

scholarly journals A Storm Drifting by? Defamation Law and Sport in Australia and New Zealand

2009 ◽  
Vol 40 (3) ◽  
pp. 669
Author(s):  
Chris Davies
Keyword(s):  
New Zealand ◽  
Visual Images ◽  
Delicate Balance ◽  
Written Comments ◽  
Spoken Words ◽  
The Media ◽  
The Law ◽  
Defamation Law

The law of defamation provides protection to people's reputations. An examination of the sports-related defamation cases in Australia and New Zealand indicates that such claims have been based on written comments, spoken words and also visual images. These cases can be internal comments made by those involved in a sport, as illustrated by the recent comments made by the coach of the Melbourne Storm, Craig Bellamy. However, as the recently decided case of Coates v Harbour Radio Pty Ltd indicates, most of the cases have involved comments made by people in the media rather than within the sport. An examination of defamation and sport, therefore, requires an examination of the sometimes delicate balance between the media's desire to report and comment on controversial sporting matters, and the desire of those involved in sport wishing to protect their reputations. 

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