Respect for a Victim's Privacy during Police Procedure

2002 ◽  
Vol 75 (1) ◽  
pp. 67-77 ◽  
Author(s):  
Mohammad Farajiha Ghazvini
Keyword(s):  
Everyday Life ◽  
Civil Liberties ◽  
The State ◽  
State Action ◽  
Concrete Quality ◽  
The Individual ◽  
Freedom Of Action ◽  
Private Identity

Privacy has been an important element in the protection of civil liberties, used by religious and political dissenters to censor state action and maintain a sphere of freedom of action by restraining the powers of the state vis-à-vis the individual. Many countries expressly protect rights of privacy in their constitutions. However, there is a concrete quality about the concept of privacy not least in the language of everyday life which takes for granted personal, internal worlds. Our relationships with others rest on the recognition of those, and of our own private identity.

The Prediction of “Dangerousness” as a Criterion for Involuntary Civil Commitment: Constitutional Considerations

1975 ◽  
Vol 3 (3) ◽  
pp. 291-326 ◽  
Author(s):  
Rona G. Laves
Keyword(s):  
Clinical Judgment ◽  
Due Process ◽  
Expert Witness ◽  
Civil Liberties ◽  
Decision Rules ◽  
Civil Commitment ◽  
High Standard ◽  
The State ◽  
Legal Standards ◽  
The Individual

The fundamental premise of this paper is that involuntary civil commitment constitutes an adversary procedure, since the individual so committed is deprived of fundamental civil liberties. This is particularly true when the individual is committed because he is dangerous to others and the state is, therefore, acting primarily in the interests of others, i.e., the protection of society, rather than in the interests of the patient. The civil commitment hearing must, therefore, meet the high standard of proof required in criminal trials by substantive due process. Civil commitments which are based on the predictions of psychiatrists are a denial of 14th amendment safeguards, since the state of the science does not qualify the psychiatrist as an expert witness. Evidence to this point includes: (1) disagreement among experts on a definition of dangerousness; (2) a lack of consensus regarding indicators of potentially dangerous behavior; (3) confusion on the part of psychiatrists regarding legal standards distinguishing mental illness, incompetency and dangerousness; (4) the unfounded use of clinical judgment rather than actuarial methods in prediction by psychiatrists; (5) the difficulties inherent in the prediction of infrequent events; and (6) the antipodal nature of the decision rules in law and in medicine. Given the fundamental prognostic limitations, the author recommends a reevaluation of current commitment practices and urges psychiatrists to examine the ethical ramifications of their continuing participation in such procedures.

“SEEING LIKE A STATE”: AN ESSAY ON THE HISTORIOGRAPHY OF MODERN IRAN

2010 ◽  
Vol 42 (1) ◽  
pp. 61a-61a
Author(s):  
Cyrus Schayegh
Keyword(s):  
Everyday Life ◽  
Reference Point ◽  
The State ◽  
Top Down ◽  
State Action ◽  
History Of ◽  
Iranian State ◽  
Pahlavi Dynasty

This essay argues that with the rise of the autocratic Pahlavi dynasty (1921–79), the state started to cast a long shadow over the historiography of modern Iran. Drawing on dynastic nationalism, modernization policies, and repression, the Pahlavi shahs and their bureaucratic elites produced an image of an all-powerful state completely detached from society. Scholars often reflexively replicated this top-down perspective. The resulting methodological statism, a metanarrative of state action as the inevitable ultimate reference point of all things Iranian, has reified our understanding of the modern Iranian state and, more generally, limited our vision of “the history of Pahlavi Iran.” Fixated on autocratic policymaking, we have ignored routine citizen–government interactions; equally, we lack microhistories of the complex facets of everyday life. By illuminating the politics and history of methodological statism, this essay hopes to prepare the ground for the assimilation of such alternative perspectives into the historiography of modern Iran.

The Law of Labour Disputes

1974 ◽  
Vol 9 (4) ◽  
pp. 548-557 ◽  
Author(s):  
Itzhak Zamir
Keyword(s):  
Civil Liberties ◽  
The State ◽  
Supreme Court Justice ◽  
Trade Union Movement ◽  
Union Movement ◽  
The Law ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
Labour Disputes

A few years ago a Supreme Court Justice remarked that in Israel the strike was a sacred tradition. Indeed it was. But now, it is more often regarded as a nuisance. This change of attitude has been reflected in the law.In this country, as in some other countries, the law concerning labour disputes has swung back and forth during the years like a pendulum: from severe restrictions under the Ottoman Empire, through de facto recognition during the British mandatory period, to a privileged status after the establishment of the State of Israel. True, even after the establishment of the State, the right to strike has not been expressly guaranteed by any statute. But in this respect, it is not different from other basic rights, such as the freedoms of expression or assembly, which are in the nature of common law rights. In fact, it fares better, since other rights are subject under various statutes to substantial restrictions. Only the right to strike was left virtually free from such legal restraints. One might be led to believe that to the socialist leaders of the country, most of whom rose to the Government from the ranks of the trade union movement, the right to strike was dearer than other civil liberties. During the first twenty years of the State, on the few occasions on which the legislature touched upon the right to strike, it only acted to protect it. Most conspicuous is the provision that a strike shall not be regarded as breach of a personal obligation on the part of the individual employee.

scholarly journals Crown Liability in Tort in New Zealand

2021 ◽  
Author(s):  
◽  
Daniel Paul Neazor
Keyword(s):  
New Zealand ◽  
Adverse Effects ◽  
The State ◽  
The Other ◽  
State Action ◽  
Business Opportunity ◽  
Other Hand ◽  
The Future ◽  
Individual Citizen ◽  
The Individual

<p>Direct review by the Courts (e. g . by prerogative writs) of Executive acts and decisions generally provides the individual citizen with a means of overcoming for the future the adverse effects of such decisions and actions, but it does not provide any means of compensating him for detriments to his interests already caused . Such detriments will generally be those which have accrued in full by the time the decision is reviewed but may in some cases be of a continuing nature, e. g . where, because of refusal of a licence, a business opportunity is lost. Tort actions against the State on the other hand, will allow the Courts not only to examine the actions of State servants, and determine whether they conform with the Courts' view of the proper behaviour of officials but also, and principally, to compensate the individual citizen whose interests have been affected by State action. Such actions may thus furnish an indirect means of control of the Executive as well as a means of compensation for injury.</p>

scholarly journals Crown Liability in Tort in New Zealand

2021 ◽  
Author(s):  
◽  
Daniel Paul Neazor
Keyword(s):  
New Zealand ◽  
Adverse Effects ◽  
The State ◽  
The Other ◽  
State Action ◽  
Business Opportunity ◽  
Other Hand ◽  
The Future ◽  
Individual Citizen ◽  
The Individual

<p>Direct review by the Courts (e. g . by prerogative writs) of Executive acts and decisions generally provides the individual citizen with a means of overcoming for the future the adverse effects of such decisions and actions, but it does not provide any means of compensating him for detriments to his interests already caused . Such detriments will generally be those which have accrued in full by the time the decision is reviewed but may in some cases be of a continuing nature, e. g . where, because of refusal of a licence, a business opportunity is lost. Tort actions against the State on the other hand, will allow the Courts not only to examine the actions of State servants, and determine whether they conform with the Courts' view of the proper behaviour of officials but also, and principally, to compensate the individual citizen whose interests have been affected by State action. Such actions may thus furnish an indirect means of control of the Executive as well as a means of compensation for injury.</p>

State Morality in International Relations

1923 ◽  
Vol 17 (1) ◽  
pp. 17-33 ◽  
Author(s):  
Bruce Williams
Keyword(s):  
International Relations ◽  
International Society ◽  
The State ◽  
Moral Duty ◽  
Moral Progress ◽  
Ethical Standards ◽  
Moral Obligations ◽  
International Ethics ◽  
State Action ◽  
The Individual

Much has recently been said concerning the moral obligations of the state. It is not infrequently asserted that it is the moral duty of a state to assume some function in the interest of international society. The reaction against the philosophy which considered all state action as moral and which posited the realization of national aims as a paramount ethical end, has been followed by an increasing emphasis on the ethical liability of the state to interests in addition to its own.In attributing moral obligations to the state, the ethical standards of the individual are frequently invoked as applicable to state conduct, and upon this analogy judgment is often pronounced on problems of international right and wrong. The question, however, defies settlement by this simple identification of two moral entities essentially dissimilar in their nature. The ascription of ethical duties to the state, wholesome as it is readily conceded to be, requires considerable analysis lest an undue inference be drawn from the mere fact of its admission. To concede the state as a moral entity does not of itself suffice. The manner of its response to moral questions; its distinctive position in a society which yet lacks many of the elemental requisites for moral progress; the forces limiting the movement of international ethics to a higher level—an inquiry into problems such as these would seem more profitable than the constant reiteration of a principle which probably few persons would longer be disposed to deny.

Doctoral Studies in Psychology in Spain

2003 ◽  
Vol 8 (1) ◽  
pp. 28-33
Author(s):  
Yolanda García Rodríguez
Keyword(s):  
Doctoral Programs ◽  
Legal Reform ◽  
The State ◽  
Teaching Program ◽  
Doctoral Studies ◽  
Public And Private ◽  
Teaching And Research ◽  
Doctoral Thesis ◽  
Critical Phase ◽  
The Individual

In Spain doctoral studies underwent a major legal reform in 1998. The new legislation has brought together the criteria, norms, rules, and study certificates in universities throughout the country, both public and private. A brief description is presented here of the planning and structuring of doctoral programs, which have two clearly differentiated periods: teaching and research. At the end of the 2-year teaching program, the individual and personal phase of preparing one's doctoral thesis commences. However, despite efforts by the state to regulate these studies and to achieve greater efficiency, critical judgment is in order as to whether the envisioned aims are being achieved, namely, that students successfully complete their doctoral studies. After this analysis, we make proposals for the future aimed mainly at the individual period during which the thesis is written, a critical phase in obtaining the doctor's degree. Not enough attention has been given to this in the existing legislation.

Untimely Development, Ugly History:A Drama in Muslinand the Rejection of National-Historical Time

2013 ◽  
Vol 3 (2) ◽  
pp. 161-183
Author(s):  
Mary L. Mullen
Keyword(s):  
Everyday Life ◽  
The State ◽  
The Political ◽  
Nation State ◽  
The Novel ◽  
Historical Time ◽  
Political Processes ◽  
The Core

This article considers the politics and aesthetics of the colonial Bildungsroman by reading George Moore's often-overlooked novel A Drama in Muslin (1886). It argues that the colonial Bildungsroman does not simply register difference from the metropolitan novel of development or express tension between the core and periphery, as Jed Esty suggests, but rather can imagine a heterogeneous historical time that does not find its end in the nation-state. A Drama in Muslin combines naturalist and realist modes, and moves between Ireland and England to construct a form of untimely development that emphasises political processes (dissent, negotiation) rather than political forms (the state, the nation). Ultimately, the messy, discordant history represented in the novel shows the political potential of anachronism as it celebrates the untimeliness of everyday life.

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