13. Defences to intentional torts against the person or property

2018 ◽  
Author(s):  
Christian Witting
Keyword(s):  
Public Policy ◽  
The Third ◽  
First Category

This chapter examines the types of defence that can be used against intentional torts against property or person. It explains that defences to these torts can be placed within a threefold system. The first category consists of absent element defences, the second comprises justification defences, and the third contains public policy defences.

13. Defences to intentional torts against the person or property

2021 ◽  
pp. 322-346
Author(s):  
Christian Witting
Keyword(s):  
Public Policy ◽  
The State ◽  
The Third ◽  
First Category

This chapter examines the types of defence that can be used to counter claims for intentional torts against property or person (although they might be applicable to other torts as well). It explains that defences to these torts can be placed within a threefold system. The first category consists of absent element defences (a successful plea means that the tort has not been committed), the second comprises justification defences (meaning that there was reason to commit the tort), and the third contains public policy defences (which means that the interests of the state intrude so as to deprive the claimant of an action).

12. Defences to Intentional Torts Against the Person or Property

2015 ◽  
Author(s):  
Christian Witting
Keyword(s):  
Public Policy ◽  
Tort Law ◽  
The Third ◽  
First Category

This chapter examines the types of defence that can be used against intentional torts against the property or person. It explains that defences to these torts can be placed within a threefold system. The first category consists of absent element defences, the second comprises justification defences, and the third contains public policy defences. This chapter also mentions that tort law does recognise defences of insanity, infancy, duress, provocation, and private necessity.

Homicide in Islamic Law

1951 ◽  
Vol 13 (4) ◽  
pp. 811-828 ◽  
Author(s):  
J. N. D. Anderson
Keyword(s):  
Islamic Law ◽  
Discretionary Power ◽  
The Third ◽  
Simple Classification ◽  
First Category ◽  
Injured Party ◽  
The Right ◽  
Exclusive Or

Perhaps the first point which attracts the attention of the European lawyer who begins to study the treatment of qatl (homicide) in the text-books of Islamic law is that it is there treated, in modern parlance, more as a tort than a crime. To understand the offence properly, however, no such simple classification will suffice: instead, it is essential to view it in its historical setting and detailed development.Under the heading of ‘uqūbāt, or punishments, Muslim lawyers treat primarily the very limited number of offences for which definite penalties (hudūd, singular hadd) are expressly prescribed in the arīa, although reference is also frequently made to the discretionary power of the Ruler or Judge suitably to punish other wrongdoing. Offences in general, moreover, are normally sub-divided into those which are regarded as exclusively involving the “right of God”, those in which both the “right of God” and the right of some individual is recognized but the former is held to preponderate, and those in which the latter is regarded as predominant. In the first category all jurists include sariqa in its two degrees (theft and brigandage), zinā (illicit sex relations), urb (wine drinking) and, when placed in this context, irtidād (apostacy from Islam); in the second, some jurists place qaf (the unproved assertion of a chaste person's incontinence), although others put this in the third category; while in the latter all include homicide and wounding. In effect an offence in which the right of God (as the Head of the community) is held to be exclusive or preponderant more or less corresponds to the modern crime, and one in which a private individual's right is regarded as predominant to the modern tort, for the chief practical difference is that in the former neither the party primarily injured nor, indeed, the Court may drop the case or allow a settlement once it has been started, while in the latter the injured party may do either at his or her discretion.

scholarly journals THE IMPLEMENTATION OF INDONESIA’S PUBLIC POLICY TO IMMIGRATION SELECTIVE POLICY BASED ON LAW NO. 6 OF 2011

2018 ◽  
Vol 1 (2) ◽  
pp. 169-178
Author(s):  
Muhammad Azzam Alfarizi
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
Service Needs ◽  
Human Beings ◽  
The Third ◽  
The Core ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
Service Standards

The inherent right of the individual is an affirmation that human beings must be treated properly and civilized and must be respected, as the sounding of the second precept is: "Just and Civilized Humanity". Human rights are manifestations of the third principle, namely: "Indonesian Unity". If all rights are fulfilled, reciprocally the unity and integrity will be created. Rights are also protected and upheld as is the agreement of the fourth precepts that reads: "Democracy Led by Wisdom in Consultation / Representation". Human Rights also recognizes the right of every person for the honor and protection of human dignity and dignity, which is in accordance with the fifth precepts which read: "Social Justice for All Indonesian People" PASTI Values ​​which are the core values ​​of the Ministry of Law and Human Rights which is an acronym of Professional, Accountable, Synergistic, Transparent and Innovative is an expression of the performance of the immigration apparatus in providing human rights based services. If these values ​​are in line with the values ​​contained in Pancasila, the criteria for evaluating human rights-based public services are based on the accessibility and availability of facilities; the availability of alert officers and compliance of officials, employees, and implementers of Service Standards for each service area will be easily achieved. It is fitting that immigration personnel in providing services must be in accordance with the principles of human rights-based services and in harmony with the Pancasila philosophy. This is as an endeavor in fulfilling service needs in accordance with the mandate of the 1945 Constitution, provisions of applicable laws and human rights principles for every citizen and population for services provided by the government in this case Immigration.  

scholarly journals Excellent Teachers’ Strategies in Managing Students’ Misbehaviour in the Classroom

2020 ◽  
Vol 16 (1) ◽  
pp. 46
Author(s):  
Rosilawati Sueb ◽  
Hamimah Hashim ◽  
Khadijah Said Hashim ◽  
Munirah Mohd Izam
Keyword(s):  
School Districts ◽  
Classroom Management ◽  
Structured Interviews ◽  
Teaching Experiences ◽  
Classroom Activities ◽  
The Third ◽  
First Category ◽  
Excellent Teachers ◽  
Student Misbehavior ◽  
Second Category

The study explores Excellent Teachers’ strategies in managing students’ misbehavior in the classroom. Students’ misbehavior are escalating and getting more variant and serious. The need to investigate how teachers manage the students’ behavior in the classroom is deemed important.  In this study the participants are Excellent Teachers or “Guru Cemerlang”  who earned their title as “Guru Cemerlang”, based on promotional basis, due to their expertise in their teaching areas, exhibition of exceptional qualities in their personality and leadership and accumulation of vast teaching experiences. This is a qualitative study utilized semi-structured interviews and email interviews as its data collection method.  The interviews were conducted on nine (9) Malay Muslim Excellent Teachers; seven (7) females and two (2) males from nine different schools of nine different school districts in Selangor. Their age ranges from thirty seven (37) to fifty three (53) years with teaching experiences ranging from ten (10) to thirty one (31) years. The strategies that Excellent Teachers utilize could be categorized into  three higher categories: the first category pertaining to the preparation and activities that excellent teachers carried out in the classroom, the second category is interaction, which is the communication and reaction of excellent teachers towards student misbehavior and the third category is the presentation of treatment pertaining to pleasant or unpleasant consequences. In this article only discussion on the first category of the strategy which pertain to preparation and activities that excellent teachers carried out in the classroom will be highlighted. The sub- strategies are recognized as early year preparation, conducive learning environment, and classroom activities. Keywords: classroom discipline, classroom management, classroom strategies, excellent teacher.

scholarly journals CYBERBULLYING AND PUBLIC POLICY: AN EVOLUTIONARY PERSPECTIVE

2015 ◽  
Vol 1 ◽  
Author(s):  
Chris Berg
Keyword(s):  
Public Policy ◽  
Evolutionary Economics ◽  
Social Activity ◽  
Civil Liability ◽  
Evolutionary Perspective ◽  
Social Responses ◽  
The Third ◽  
New Form

This article is a comment on Peta Spyrou’s article in this volume entitled ‘Civil Liability for Negligence: An Analysis of Cyberbullying Policies in South Australian Schools’. It considers three aspects of the problem: the first focuses on the implications of the fact that  cyberbullying is not a new form of social activity but is rather a new form of bullying; the second explores some of the possible policy and social responses to the problem; and the third draws from the insights of evolutionary economics and underlines the importance of respecting the rights of children both to be protected from bullying as well as to develop their identities.

Doctors, Politics and Pay Disputes: ‘pressure Group Politics’ Revisited

1972 ◽  
Vol 2 (4) ◽  
pp. 421-442 ◽  
Author(s):  
Theodore R. Marmor ◽  
David Thomas
Keyword(s):  
Public Policy ◽  
Medical Association ◽  
Political Life ◽  
The Political ◽  
Civic Life ◽  
The Third ◽  
Internal Politics ◽  
Medical Groups ◽  
Group Politics ◽  
The Impact

Studies of medical politics usually emphasize one of the following types of inquiries: (a) analyzing the internal politics of medical organizations, as with Oliver Garceau's classic study of the American Medical Association; (b) describing and explaining the roles individual physicians play in the political life of the community as voters, officials, or citizen participants in civic life; or, (c) assessing the impact of medical groups and organizations on public policy, particularly health policy. Harry Eckstein's widely known study of the British Medical Association is primarily a study of the third type, a discussion of the channels of influence, the tactics, and the effectiveness of the BMA in shaping public policy to its ends.

scholarly journals Wellbeing and Public Policy

2018 ◽  
Vol 14 (4) ◽  
Author(s):  
Dan Weijers ◽  
Phillip S. Morrison
Keyword(s):  
Public Policy ◽  
Public Expenditure ◽  
Good Life ◽  
Full Range ◽  
Sufficient Information ◽  
The Good Life ◽  
Great Expectations ◽  
International Conference ◽  
The Third ◽  
New Zealanders

Delegates left the Third International Conference on Wellbeing and Public Policy with great expectations following three days of inspirational addresses by some of the world’s most prominent thinkers and policymakers. In this article we ask: what is required for a wellbeing approach to public expenditure to be successfully implemented and sustained? The wellbeing approach arose out of concerns about whether the current suite of measures used by policymakers provides sufficient information on the full range of contributors to or components of the good life. Sometimes divided on what wellbeing is and how to measure it, proponents of the wellbeing approach agree that the ultimate goal of public policy should be to improve wellbeing for all citizens. In order for this wellbeing approach to be successful, we believe it must address three main challenges: measurement, representation and engagement. We must be clear about how wellbeing will be measured, whose wellbeing we will assess, and the extent to which all New Zealanders are represented in the conversations that will determine the first two issues.

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