scholarly journals Unfitness to Plead, Insanity and the Law Commission: Do We Need a Diagnostic Threshold?

2021 ◽  
pp. 002201832199543
Author(s):  
James Mason
Keyword(s):  
Mental Condition ◽  
Critical Examination ◽  
Diagnostic Thresholds ◽  
Diagnostic Threshold ◽  
Explicit Reference ◽  
Cast Doubt ◽  
The Law ◽  
Diagnostic Criterion ◽  
The Relationship ◽  
Law Commission

This article examines one aspect of the new test of effective participation at trial proposed by the Law Commission of England and Wales. This proposal aims to replace the current criteria for fitness to plead originating from Pritchard and developed more recently in M (John). Specifically, this article offers a critical examination of the Commission’s refusal to incorporate a so-called ‘diagnostic threshold’ within their proposed test. After reviewing the arguments for and against this decision, attention is drawn to the clear presence of diagnostic thresholds within other areas of law, such as the mental condition defence of insanity. Overall, the Commission’s proposals are a vast improvement upon the archaic rules of present day, and, contrary to the views of some scholars, their decision to omit a diagnostic criterion is no exception to this. In fact, the implications of this decision reach far beyond the particular context of unfitness proceedings and ultimately cast doubt on the significance of diagnostic thresholds in all areas of law. By focusing exclusively on the relationship between unfitness to plead and the defence of insanity, this piece demonstrates how both tests can be reformulated so as to avoid any explicit reference to a diagnostic criterion.

scholarly journals Evaluation of diagnostic thresholds dependability for tribologic signals received in the environment disturbed by vibroacoustic and functional signals

2015 ◽  
Vol 36 (1) ◽  
pp. 17-32
Author(s):  
Paweł Lindstedt ◽  
Marek Zboiński ◽  
Maciej Deliś ◽  
Jerzy Manerowski
Keyword(s):  
Working Conditions ◽  
Operation Time ◽  
Working Environment ◽  
Cauchy Product ◽  
Diagnostic Thresholds ◽  
Diagnostic Threshold ◽  
Complete Set ◽  
The Relationship ◽  
Insufficient Number

Abstract Determination of dependable diagnostic thresholds for tribologic signals received e.g. from antifriction bearings (in particular for insufficient number of measurements, only 4÷5) is a really difficult task due to complexity of working environment where such bearings are operated. Typical working environment for such objects must take account for operation time under various working conditions and accompanying (and disturbing) signals, e.g. vibroacoustic ones. The sought assessment of the relationship between diagnostic signals and environmental noise can be determined from convolution of both diagnostic and environments signals that make up the complete set of received information. The convolution of these two series of signals can be obtained from an algorithm based on the Cauchy product. Then one has to find the coherence factor and the square of amplitude gain for the set of diagnostic signals with reference to various sets of signals received from environment, which makes it possible to evaluate cohesion of the investigated series of signals, thus their suitability to determine diagnostic threshold for tribologic signals intended for the analysis.

6. Liability of Occupiers and Builders

2019 ◽  
pp. 243-277
Author(s):  
Simon Deakin ◽  
Zoe Adams
Keyword(s):  
Common Law ◽  
Present Form ◽  
The Common ◽  
The Law ◽  
The Relationship ◽  
Law Commission

Occupier’s liability is, essentially, part of the law of negligence, although it takes statutory form. Its present form is, moreover, the product of various successive legislative accretions. As such, prime importance must be attached to the wording of the statutes, assisted wherever necessary by reference to the preparatory publications of the Law Commission. This chapter will discuss the Occupiers’ Liability Act of 1957, which deals with the liability of Occupiers towards persons (‘visitors’) permitted to be on the Occupier’s land; the Occupiers’ Liability Act of 1984, that deals with the liability of Occupiers towards trespassers; and the liability of non-occupiers, such as vendors, landlords, and builders. It will also explore the relationship between the statutory regime, and the common law of negligence.

Unfitness to Plead and the Overlap with Doli Incapax: An Examination of the Law Commission's Proposals for a New Capacity Test

2011 ◽  
Vol 75 (5) ◽  
pp. 380-390
Author(s):  
Helen Howard ◽  
Michael Bowen
Keyword(s):  
The Law ◽  
The Relationship ◽  
Consultation Paper ◽  
Law Commission

The Law Commission published Consultation Paper No. 197 in October 2010 on unfitness to plead. This article will focus on the relationship between the proposed capacity test and the abolition of the defence of doli incapax for children aged 10 or above.

Peranan KPPU Bagi Pemangku Kepentingan Dalam Menegakkan Undang-Undang Larangan Praktik Monopoli Di Indonesia

Liquidity ◽  
2018 ◽  
Vol 3 (2) ◽  
pp. 190-200
Author(s):  
Muchtar Riva’i ◽  
Darwin Erhandy
Keyword(s):  
Stakeholder Participation ◽  
The People ◽  
The Law ◽  
The Government ◽  
Law Commission

The establishment of the KPPU is to control the implementation of the Act. No. 5/1999 on Concerning the Ban on Monopolistic Practices and Unfair Business Competition in Indonesia. Various duties and authority of the KPPU contained in Article 35 and Article 36 of the Act. But in reality, KPPU does not have executorial rights so that the various decisions of the commission often could not be implemented. Therefore internally strengthening of institutional existence by way of amending the Law Commission is very appropriate to be used by the government and parliament agenda. Externally, stakeholder participation is something very urgent and that the KPPU’s strategic optimally capable of performing their duties according to its motto: “Healthy competition Welfare of the people”.

A Comparative Overview of the Fair Wear and Tear Exception: the Duty of Holders of Temporary Interests to Preserve Property

2002 ◽  
Vol 6 (1) ◽  
pp. 85-100
Author(s):  
Raffaele Caterina
Keyword(s):  
Common Core ◽  
Complete Solution ◽  
Roman Law ◽  
Private Ownership ◽  
Legal Systems ◽  
Personal Rights ◽  
Wear And Tear ◽  
Long Life ◽  
The Law ◽  
The Relationship

“A system of private ownership must provide for something more sophisticated than absolute ownership of the property by one person. A property owner needs to be able to do more than own it during his lifetime and pass it on to someone else on his death.”1 Those who own things with a long life quite naturally feel the urge to deal in segments of time. Most of the owner's ambitions in respect of time can be met by the law of contract. But contract does not offer a complete solution, since contracts create only personal rights. Certain of the owner's legitimate wishes can be achieved only if the law allows them to be given effect in rem—that is, as proprietary rights. Legal systems have responded differently to the need for proprietary rights limited in time. Roman law created usufruct and other iura in re aliena; English law created different legal estates. Every system has faced similar problems. One issue has been the extent to which the holder of a limited interest should be restricted in his or her use and enjoyment in order to protect the holders of other interests in the same thing. A common core of principles regulates the relationship between those who hold temporary interests and the reversioners. For instance, every system forbids holder of the possessory interest to damage the thing arbitrarily. But other rules are more controversial. This study focuses upon the rules which do not forbid, but compel, certain courses of action.

Relasi Agama dan Demokrasi; Telaah Kritis Eksistensi Partai Islam Di Indonesia

2019 ◽  
Vol 6 (4) ◽  
pp. 391-404
Author(s):  
Nur Khasanah ◽  
Achmad Irwan Hamzani
Keyword(s):  
Political Parties ◽  
Cultural Anthropology ◽  
Critical Examination ◽  
Actual Reality ◽  
Library Research ◽  
Islamic Parties ◽  
Relationship Of ◽  
Islamic Political Parties ◽  
The Relationship ◽  
Religion And Democracy

AbstractThis study discusses the relation between religion and democracy; critical examination of the existence of Islamic parties in Indonesia. This study is a qualitative study based on library (library research). The approach used is descriptive qualitative which aims to illustrate or describe the reality that exists or what is happening or the actual reality of the object under study. Then interpreted in the form of a report. The approach used is the cultural anthropology approach. The results of this study indicate that Muslims interpret the relationship of religion and democracy to occur in three models, namely the negative, neutral and positive models. In the context of Islamic political parties in Indonesia, the basic problem is the inability of parties to package democratic issues, starting from the emergence of religious sentiment, politicization of religion, political pragmatism in PKS parties. Furthermore, the PPP party has problems with party regeneration, leadership dualism, and political attitudes. Whereas the UN party is seen in the absence of a leader figure and political culture.Keywords: Religion, Democracy, Islamic Party AbstrakStudi ini membahas tentang relasi agama dan demokrasi; telaah kritis eksistensi Partai-Partai Islam di Indonesia. Kajian ini merupakan studi kualitatif berbasis kepustakaan (library research). Pendekatan yang digunakan adalah deskriptif kualitatif yang bertujuan untuk memberi gambaran atau mendeskripsikan kenyataan yang ada atau apa yang terjadi atau kenyataan sebenarnya pada obyek yang diteliti. Kemudian diinterprestasikan dalam bentuk laporan. Pendekatan yang digunakan adalah pendekatan antropologi budaya. Hasil penelitian ini memperlihatkan bahwa kaum muslim memaknai bahwa relasi agama dan demokrasi terjadi dalam tiga model, yakni model negatif, netral, dan positif. Dalam konteks partai-partai politik Islam di Indonesia, problem mendasar adalah ketidakmampuan partai dalam mengemas isu-isu demokrasi, mulai dari muncul sentimen keagamaan, politisasi agama, pragmatisme politik pada partai PKS. Selanjutnya pada partai PPP terdapat masalah pada kaderisasi partai, dualisme kepemimpinan, dan sikap politik. Sedangkan pada partai PBB terlihat pada ketiadaan figur pemimpin  dan kultur politik.Kata Kunci: Agama, Demokrasi, Partai Islam

Parliamentarism and the Legislative Branch

2017 ◽  
Author(s):  
András Sajó ◽  
Renáta Uitz
Keyword(s):  
Decision Making ◽  
Political Parties ◽  
Legislative Branch ◽  
Effective Decision ◽  
The Law ◽  
Internal Operations ◽  
Effective Decision Making ◽  
The Relationship ◽  
Law Making

This chapter examines the relationship between parliamentarism and the legislative branch. It explores the evolution of the legislative branch, leading to disillusionment with the rationalized law-making factory, a venture run by political parties beyond the reach of constitutional rules. The rise of democratically bred party rule is positioned between the forces favouring free debate versus effective decision-making in the legislature. The chapter analyses the institutional make-up and internal operations of the legislature, the role of the opposition in the legislative assembly, and explores the benefits of bicameralism for boosting the powers of the legislative branch. Finally, it looks at the law-making process and its outsourcing via delegating legislative powers to the executive.

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