3. Arrest

2021 ◽  
pp. 110-154
Author(s):  
Alpa Parmar

This chapter examines how far the police are, and should be, allowed to infringe the freedom of the individual through arrest. It considers the legal rules that the police must follow when deciding to, and during, arrest, as well as their effectiveness in controlling the use of this power. This chapter considers the purpose of arrest and what reasons for arrest are lawful. The use of arrest in the context of suspected terrorism is explored, and ‘citizen arrest’ is also evaluated. Discussion about how the police use their discretion when exercising the power of arrest is situated in our understanding of police ‘working rules’. The chapter shows that arrest is used for many purposes, some more legitimate than others.

2019 ◽  
Vol 34 (6) ◽  
pp. 1737-1741
Author(s):  
Rita Loloçi ◽  
Orneda Gega Hoxha

In this study, we will try to explain the correlation that exists between social ethics and personal ethics. Today’s challenges of human society in the field of ethics, morality and consciousness are not the same in different eras and in nations or groups of states. All three of these domains move more slowly than other processes, but are indispensable in everyday life. State authority in constantly way strive to create legal rules, but their non-compliance with ethic, principles of morality and conscience create major problems in contemporary development. Rapid contemporary developments, especially those in the field of technology and science have brought other concepts to social and personal ethics, but the necessity of their presence always adapting to other conditions has been felt. Today’s man seeks to understand it more in the form of ethics and social education. For example: nudity, morality principles to this phenomenon have changed from generation to generation, once considered shame and today as something private. The reality of the moral and conceptual problems that human and society have had over law, the rights and ethics have changed, concepts have been overthrown, and the way how people have been judged for different situations has evolved. Individual’s education in the traditional societies have been very important issue in his/ her life. That was a lifelong learning process instead. Education’s main purpose was to help the individual during his/her life so that he/she was not only responsible and aware of the environment, but to prepare the individual to fit into real life. In the actual society there are different points of views as far as the moral and civilizing education bonds are concerned. A mutual environment asks for mutual values, but on the other hand it is assumed the need to understand, accept and support even the values which may be different from the individual ones. In other words, the civil education has to treat moral as a separate issue, even though there are different opinions like: moral is a personal choice, moral is given by God, moral is a social agreement, etc. What we should emphasize is the fact that dealing with similar points of view is as important as debating against the opposite ones. It would be very positive if this could be achieved for a common understanding. But does everyone understand what moral, social and personal ethic is? Another question adds to this one: How is the problem of moral going to be treated? And is it necessary to set tasks or duties on moral as well? What features must moral education have in a view of the evolution of society as whole in terms of a new worldview? Today humanity is on the rise and is heading towards great organisation, but one must keep in mind that within this uniformity there is also diversity to be respected. The new worldview must be open to new progress and thinking not only from the content but also from the form.


2017 ◽  
Vol 13 (4) ◽  
pp. 829-847 ◽  
Author(s):  
DANIEL H. COLE

AbstractElinor Ostrom's Institutional Analysis and Development (IAD) framework has been described as ‘one of the most developed and sophisticated attempts to use institutional and stakeholder assessment in order to link theory and practice, analysis and policy’. But not all elements in the framework are sufficiently well developed. This paper focuses on one such element: the ‘rules-in-use’ (a.k.a. ‘rules’ or ‘working rules’). Specifically, it begins a long-overdue conversation about relations between formal legal rules and ‘working rules’ by offering a tentative and very simple typology of relations. Type 1: Some formal legal rules equal or approximate the working rules; Type 2: Some legal rules plus (or emended by) widely held social norms equal or approximate the working rules; and Type 3: Some legal rules bear no evident relation to the working rules. Several examples, including some previously used by Ostrom, are provided to illustrate each of the three types, which can be conceived of as nodes or ranges along a continuum. The paper concludes with a call for empirical research, especially case studies and meta-analyses, to determine the relevant scope of each of these types of relations, and to provide data for furthering our understanding of how different types of rules, from various sources, function (or not) as institutions.


2003 ◽  
Vol 31 (3) ◽  
pp. 452-461 ◽  
Author(s):  
Peter Blume

Data protection and information privacy are essential parts of lex informatica. The purpose of legal rules is to sustain a modern development and adjustment of the fundamental right to privacy, taking the realities of the information society into consideration. The aim is to protect the individual against misuse of personal information that may violate the private sphere and simultaneously to protect against surveillance with the purpose of governing behavior. Privacy protection is furthermore important, since personal information, which always has had economic value to a much larger degree, has become a commodity today. There are many reasons sustaining data protection, and legal regulation is very broad covering all parts of society. Merely a fragment of this issue is being considered in the following.


2017 ◽  
Vol 38 (8) ◽  
pp. 1527-1555 ◽  
Author(s):  
ANDREAS JANSEN

ABSTRACTThe article examines to what extent culture is a further piece of the puzzle to explain differences in the labour market participation of older people in Europe. This approach is in clear contrast to the existing literature on that topic which is largely economically oriented and more focused on socio-economic determinants. In the first part, different theoretical conceptions regarding the impact of culture on individual actions are discussed with the aim of developing the concept of work–retirement cultures. In the second part, the article gathers empirical evidence on differences in the work–retirement culture in 22 European societies and analyses the interplay between the work–retirement culture and the labour market participation of people aged between 55 and 64 years using logistic random intercept regression analysis. The analysis draws on the third round of the European Social Survey. The results give some clear indications that the work–retirement culture plays its part in explaining differences in the labour market participation of older people in Europe and thus clarifies that the timing of retirement is not fully determined by pension policies. Accordingly, the results of the study illustrate that it is not sufficient to solely change the legal rules for the transition to retirement. Rather, people need to be additionally convinced of the individual benefits of remaining in employment.


Author(s):  
Ben Qara Mustafa Aisha

This study aimed to identify the international, regional and even national efforts to protect the rights and privacy of the individual from the impact of informatics, and the extent to which it succeeded in achieving this. To achieve this, the researcher used the analytical method by explaining the new technical challenges to personal data and various legal mechanisms to protect this right. The research was based on an introduction, two papers and a conclusion. The first topic was entitled "What is the privacy of informatics and the dangers it faces in the digital age", while the second topic is devoted to international and regional efforts to protect information privacy. The results of the study showed that most of the legislations, especially the Arab ones, are not able to deal with violations of personal data, and concluded that new legal rules must be enacted to protect information privacy, based on established international principles in the field of informatics.


2009 ◽  
Vol 16 (3) ◽  
pp. 271-279 ◽  
Author(s):  
N.P.Y.M. de Bijl ◽  
F.J.H.M. van den Biggelaar ◽  
J.M.A. van Engelshoven ◽  

AbstractThis paper focuses on the legal implications in terms of duties and responsibilities for radiologists and radiologic technologists of independent pre-reading of mammograms by radiologic technologists, so patients could be discharged without being seen by a radiologist. Pre-reading could be effectuated when preconditions are met to perform reserved procedures by unauthorised professionals as stated in the Individual Health Care Professions (IHCP) Act. Furthermore, compliance with a protocol or code of conduct in combination with adequate training and supervision should be sufficient to disprove potential claims. For a wide implementation, pre-reading should be well-embedded in legal rules and should answer the professional standard of care.


Author(s):  
Jessica W. Berg ◽  
Paul S. Appelbaum ◽  
Charles W. Lidz ◽  
Lisa S. Parker

The cornerstone of our approach to informed consent is the belief that the right of patients to authorize their own medical treatment, usually called the right to autonomy in decision making, is a moral value worth promoting. When medical care is required, patients should be met by physicians’ openness and willingness to present and discuss a variety of options, with the clear understanding that patients can play a role, if they desire, in shaping the ultimate decision. Our instinctive assumption that most patients would endorse this approach was confirmed by a large-scale study sponsored by the President’s Commission (1). Patients do want to know about and have the option of influencing the nature of their medical care, even if they may not always exercise that option (2). Our society’s deepseated traditions of respect for the integrity of the individual reinforce the importance of protecting patients’ interests in the medical decisionmaking process. Legal initiatives by themselves are insufficient to accomplish these results (see Chapter 7). Endless proposals to refine the legal mechanisms by which the doctrine of informed consent is enforced are not likely to achieve their goals. The legal rules governing informed consent operate at a level of generality that makes it difficult for physicians to take them into account in dealing with patients. Some surveys have found that physicians are completely ignorant of the operative standard for disclosure in their state (1), and others have found that even when physicians are aware of the standard, they do not apply it properly (3). More significantly, however, the medical setting seems relatively impervious to regulation in this area. Physicians and administrators have control over the structure of medical care and over the content of physician-patient interactions. Regardless of the law of informed consent, if the structure of hospital and office practice provides negligible opportunities for doctor-patient communication, little disclosure or shared decision making will occur. If physicians are resistant to the moral imperatives of informed consent, tinkering with standards of disclosure is unlikely to affect their behavior.


2021 ◽  
Vol 8 (8) ◽  
pp. 103-112
Author(s):  
Rania S. Azab ◽  

This study seeks to clarify the importance of explaining the type of digital license contracts to see if it can continue subjecting them to the metaphorical direction that adopts the direction of applying the traditional rules to this types of contract or must it be subject to the functional direction that adopts the necessity of establishing independent legal rules in the theory of contracts in Egypt. The problem of the user not reading the contract terms is still there. Although consumers do not read the terms of digital licensing contracts, some jurisprudence in the US often insist that it must be the exchange of consent must take place that the offeree must see the terms and conditions before assenting in some sort of this contracts, this differs from the nature of digital licensing contracts and the way they are contracted. It is right that the consumers discover in some the types of contracts do not express the consent by the traditional way in the contract but are subject to specific instructions set by the site, due to the inability to read and understand the terms of the contract, but rather that in some types of digital licensing contracts the consumers are not aware to be a party to a contract according to the traditional concept of contract theory. Legal recognition is important by the Egyptian and Arab legislations in the role of technical and digital in regulations next to the contract and the law (functional direction) which can contribute to help the user to read the terms of use, we must make use of digital technology to fulfill the function of the contract, which aims to create obligations on both parties, businesses and the user. The following questions were analyzed: Is it possible an individual can enter into a contract without realizing it on the internet? Is the individual obligated to contractual terms that he did not read and understand? How can the provisions of the traditional contract be applied to digital licensing contracts? Then I concluded the necessity of enacting new legal rules that regulate digital licensing contracts within Egyptian legislation.


2014 ◽  
Vol 14 (1) ◽  
Author(s):  
Victor Baz�n

RESUMEN En el trabajo se enfocar�, en general, la actualidad y la prospectiva de la interrelaci�n de la Corte Interamericana de Derechos Humanos �Corte IDH� y las cortes supremas o tribunales constitucionales latinoamericanos. Ya en particular, se abordar� la importancia del �control de convencionalidad� principalmente a cargo de los jueces nacionales, que consiste en verificar la adecuaci�n de las normas jur�dicas internas que aplican en casos concretos a la Convenci�n Americana sobre Derechos Humanos �CADH� y a los est�ndares interpretativos de la Corte IDH. Asimismo, se argumentar� sobre la importancia de trazar una l�nea de cooperaci�n entre los tribunales internos y la Corte IDH y de intensificar un di�logo jurisprudencial entre ambas jurisdicciones en orden a que los tribunales locales lleven adelante una interpretaci�n conforme a la CADH y a los pronunciamientos de la Corte IDH, pero que correlativamente �sta tenga presente las observaciones que desde los contextos jurisdiccionales nacionales se formulen a los criterios del tribunal interamericano. Ello as�, para fortalecer cualitativamente la tutela multinivel de los derechos humanos y disminuir los riesgos de eventuales dificultades pr�cticas en la aplicaci�n del �control de convencionalidad�. La aconsejable cooperaci�n entre ambas instancias jurisdiccionales no apunta a una relaci�n jer�rquica entre ellos, sino a una conexi�n cooperativa en la hermen�utica pro persona de los derechos humanos. Es que las respectivas Constituciones Pol�ticas de los Estados latinoamericanos, con la �fuerza normativa� que les es inherente, y los instrumentos internacionales sobre derechos humanos (principalmente, la CADH y la interpretaci�n que de �sta realiza la Corte IDH), conforman un cuerpo jur�dico que orienta su vigencia hacia un id�ntico sustrato axiol�gico: la salvaguardia de los derechos fundamentales, expresi�n directa de la dignidad de la persona. PALABRAS CLAVE Derechos fundamentales. Control de convencionalidad. Corte Interamericana de Derechos Humanos. Tribunales internos. Di�logo jurisprudencial cr�tico. ABSTRACT Generally speaking, the paper will focus on today and the prospect of the interrelationship between the Inter-American Court of Human Rights (IACHR) and national courts. In particular, the work will address the importance of �conventionality control� mainly by domestic judges, which consists of verifying the adequacy of internal legal rules that apply in specific cases, to the American Convention on Human Rights (ACHR) and interpretive standards of the IACHR. Besides, the author will argue about the importance of drawing a line of cooperation among domestic courts and the IACHR and intensifying a case-law dialogue between both jurisdictions in order to take forward an interpretation according to the ACHR and the pronouncements of the IACHR, but at the same time it keep in mind the comments that the national legal contexts put to the criteria of the Inter-American Court. That is so qualitatively strengthen multi-level protection human rights and reduce the risk of possible practical difficulties in implementing the "control of conventionality". The desirable cooperation between the two jurisdictions (Inter-American and domestic) does not point to a hierarchical relationship between them, but to a cooperative connection in �pro persona� hermeneutics of human rights. This is because the Constitutions of the Latin-American States, with the �normative power� inherent in them, and international human rights instruments (mainly the ACHR and the interpretation that around it performs the IACHR), give life to a legal block that directs its force to an axiologically identical substrate: safeguarding fundamental rights, direct expression of the dignity of the individual. KEY WORDS: Fundamental Rights. Conventionality control. Inter-American Court of Human Rights. Domestic courts. Critical jurisprudential dialogue.


Author(s):  
Christian Jasper

Liberty means to live. That is what Christian Jasper is convinced about regarding the understanding of liberty in German law and Christian faith. The author introduces the reader in the letter Samaritanus bonus on the care of persons in the critical and terminal phases of life which the roman catholic Congregation for the doctrine of the faith published on 14th July 2020. Therefore, the author compares theological and legal understandings of the idea of liberty. Whereas the German Constitutional Court puts much emphasis on the defence of autonomy the author highlights that human dignity implies more than the individual right to act arbitrarily. Modern societies require individuals who behave moral. The challenge is to avoid misunderstandings between the different faculties and to find wise compromises between moral expectations and legal rules in a liberal society. The lecture of Samaritanus bonus may help to improve the public discussion.


Sign in / Sign up

Export Citation Format

Share Document