Necessity as a Defence to Murder: An Anglo-Canadian Perspective

2014 ◽  
Vol 78 (4) ◽  
pp. 341-362 ◽  
Author(s):  
Birju Kotecha
Keyword(s):  
Decision Making ◽  
Case Law ◽  
Comparative Perspective ◽  
Decision Making Process ◽  
Moral Conflicts ◽  
Canadian Perspective ◽  
English Law ◽  
The Relationship ◽  
Theoretical Foundations

The article explores the formulation of the criminal defence of necessity in the context of murder cases. The discussion will provide a medium through which to critique necessity's theoretical foundations which are classified either as one of justification or excuse. It is this highly problematic distinction which will be exposed as not only having been overlooked in case law but is futile where necessity is considered as providing a murder defence. Such a theoretical dichotomy does not reflect the competing rights and values present in the case law, and nor does it align with the decision-making process taken by judges in cases where they resolve such moral conflicts. What is present is a contextual form of necessity that frames and recognises the circumstances the actors are placed in. The analysis argues for a recategorisation of necessity into a narrow fact-driven category beyond the abstract duality of justification or excuse. To support the view of a situation-led approach, necessity is exposed as omitting a critical doctrinal element; that of the imminence of harm within a broader recognition that the situation presents an emergency. Adopting a comparative perspective, the article analyses why the emphasis placed on the imminence of harm found in Canadian jurisprudence ought to be reflected in English law. The rationale for this is to fully reflect the agony of the circumstances that underpin the scope of necessity in murder situations and to ensure that actors in such tragic situations have their rights secured as far as possible, before allowing the defence to apply. One of the final implications of the article is a reconsideration of the relationship between necessity and duress of circumstances arguing that a reappraisal of their convergence is required. The article's argument leaves the juridical precept that duress is not available as a defence to murder on an insecure foundation and in need of judicial re-evaluation.

Les chefs de cabinets ministériels au Québec: la transition du gouvernement libéral au gouvernement péquiste (1976–1977)

1981 ◽  
Vol 14 (2) ◽  
pp. 309-335 ◽  
Author(s):  
Micheline Plasse
Keyword(s):  
Decision Making ◽  
Civil Service ◽  
The State ◽  
Comparative Perspective ◽  
Decision Making Process ◽  
The Social ◽  
Economic Forces ◽  
The Government

This article first presents a brief survey of the role and functions filled by the personal aide (chef de cabinet) of a minister in Quebec. The analysis continues, in a comparative perspective, by tracing a sociological and professional portrait of the Liberal“chefs de cabinet” in April 1976 and their successors in the pequiste government in July 1977.We then test the hypothesis that the cleavage between the government and the dominant economic forces has increased since November 15, 1976 as a result of the ideology articulated by the“chefs de cabinet” regarding the social and economic aims of the state. This hypothesis was confirmed.The hypothesis that the pequiste“chefs de cabinet” exercise a more pronounced influence on the decision-making process is also confirmed. Nevertheless, one cannot argue that the pequiste“chefs de cabinet” usurped the power of the legislators; their influence is more political than technocratic. The growing influence of the pequiste“chefs de cabinet” neverthelsss helps to accentuate the tensions and conflicts between the higher civil service and the ministerial aides.

The Effects of Conflict on Team Decision Making

2011 ◽  
Vol 39 (2) ◽  
pp. 189-198 ◽  
Author(s):  
Long Cheng ◽  
Zhong-Ming Wang ◽  
Wei Zhang
Keyword(s):  
Decision Making ◽  
Task Conflict ◽  
Relationship Conflict ◽  
Decision Making Process ◽  
Team Decision Making ◽  
Team Decision ◽  
Relationship Of ◽  
The Relationship

The aim in this study was to examine the relationship between task and relationship conflict and their effect on team decision-making. A sample of 120 participants, divided into 40 teams, was recruited. We found that the relationship of task and relationship conflict was moderated by the decision-making process and teams performed better when making good use of task conflict, while relationship conflict was reduced.

Consumer decision-making in a retail store: the role of mental imagery and gender difference

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Jung-Hwan Kim ◽  
Minjeong Kim ◽  
Jungmin Yoo ◽  
Minjung Park
Keyword(s):  
Decision Making ◽  
Mental Imagery ◽  
Decision Making Process ◽  
Consumer Decision Making ◽  
Consumer Decision ◽  
Content Type ◽  
Perceived Ownership ◽  
Decision Satisfaction ◽  
The Relationship

PurposeThe purpose of the study is to investigate how mental imagery evoked from sensory in-store experience influences consumer anticipatory emotion, perceived ownership and decision satisfaction which eventually impact positive consumer responses such as behavioural intent. In this study, gender difference is proposed as a moderator to completely understand the role of mental imagery in the in-store decision-making process.Design/methodology/approachUsing a market research agency in South Korea, an online survey was employed to collect data. A total of 455 useable respondents (men = 224 and women = 231) largely living in the two most populous provinces in South Korea (i.e. Seoul and Gyeonggi provinces) completed the survey. A number of path analyses were conducted to test hypotheses.FindingsThe results of the study showed that mental imagery evoked from sensory product experience played a critical part in facilitating the consumer decision-making process by influencing anticipatory emotion and perceived ownership. The relationship among anticipatory emotion, perceived ownership, decision satisfaction and behavioural intent was significant except for the relationship between perceived ownership and behavioural intent. This study further indicated that the way mental imagery influences the in-store decision-making process differs between men and women.Originality/valueThe effect of mental imagery in a physical retail context is largely ignored. This study addressed the crucial role of mental imagery in a physical apparel retail setting and examined its impact on consumer decision-making processes. By exploring how to enhance consumers' in-store sensory shopping experiences through mental imagery to influence their positive shopping outcomes, this study offers vital insights into how retailers operating physical stores can successfully utilize their stores.

The role of heuristic-driven biases in entrepreneurial strategic decision-making: evidence from an emerging economy

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Maqsood Ahmad ◽  
Syed Zulfiqar Ali Shah ◽  
Yasar Abbass
Keyword(s):  
Decision Making ◽  
Emerging Economy ◽  
Strategic Decision ◽  
Strategic Decision Making ◽  
Decision Making Process ◽  
Strategic Decisions ◽  
Content Type ◽  
The Relationship

PurposeThis article aims to clarify the mechanism by which heuristic-driven biases influence the entrepreneurial strategic decision-making in an emerging economy.Design/methodology/approachEntrepreneurs' heuristic-driven biases have been measured using a questionnaire, comprising numerous items, including indicators of entrepreneurial strategic decision-making. To examine the relationship between heuristic-driven biases and entrepreneurial strategic decision-making process, a 5-point Likert scale questionnaire has been used to collect data from the sample of 169 entrepreneurs who operate in small- and medium-sized enterprises (SMEs). The collected data were analyzed using SPSS and Amos graphics software. Hypotheses were tested using structural equation modeling (SEM) technique.FindingsThe article provides empirical insights into the relationship between heuristic-driven biases and entrepreneurial strategic decision-making. The results suggest that heuristic-driven biases (anchoring and adjustment, representativeness, availability and overconfidence) have a markedly negative influence on the strategic decisions made by entrepreneurs in emerging markets. It means that heuristic-driven biases can impair the quality of the entrepreneurial strategic decision-making process.Practical implicationsThe article encourages entrepreneurs to avoid relying on cognitive heuristics or their feelings when making strategic decisions. It provides awareness and understanding of heuristic-driven biases in entrepreneurial strategic decisions, which could be very useful for business actors such as entrepreneurs, managers and entire organizations. Understanding regarding the role of heuristic-driven biases in entrepreneurial strategic decisions may help entrepreneurs to improve the quality of their decision-making. They can improve the quality of their decision-making by recognizing their behavioral biases and errors of judgment, to which we are all prone, resulting in a more appropriate selection of entrepreneurial opportunities.Originality/valueThe current study is the first to focus on links between heuristic-driven bias and the entrepreneurial strategic decision-making in Pakistan—an emerging economy. This article enhanced the understanding of the role that heuristic-driven bias plays in the entrepreneurial strategic decisions and more importantly, it went some way toward enhancing understanding of behavioral aspects and their influence on entrepreneurial strategic decision-making in an emerging market. It also adds to the literature in the area of entrepreneurial management specifically the role of heuristics in entrepreneurial strategic decision-making; this field is in its initial stage, even in developed countries, while, in developing countries, little work has been done.

An Empirical Study of E-Participation Levels in Jordan

2016 ◽  
Vol 7 (1) ◽  
pp. 63-79 ◽  
Author(s):  
Emad Abu-Shanab ◽  
Raya Al-Dalou'
Keyword(s):  
Decision Making ◽  
Empirical Study ◽  
The Political ◽  
Decision Making Process ◽  
The Core ◽  
Political Dimensions ◽  
The Relationship

The relationship between citizens and governments is the core of e-government. E-participation is one of the political dimensions of e-government which focuses on informing, consulting, involving, collaborating, and empowering citizens to take part of the decision making process. This study adopted a framework for the five levels of e-participation and tried to test such model empirically using 400 responses from Jordanians. The study tried to measure Jordanian perceptions towards e-participation initiatives and practices in Jordan, and to measure the achievements on each level as perceived and reported by subjects. Results indicated that the highest perceived level was e-involving, and the lowest was e-consulting. Also, the CFA results indicated a distorted distribution of items between the major levels. Results of other issues explored are discussed further in this study.

Strategic decision-making

2018 ◽  
Vol 41 (1) ◽  
pp. 2-28 ◽  
Author(s):  
Satyanarayana Parayitam ◽  
Chris Papenhausen
Keyword(s):  
Decision Making ◽  
Conflict Management ◽  
Strategic Decision ◽  
Strategic Decision Making ◽  
Decision Making Process ◽  
Content Type ◽  
Decision Outcomes ◽  
Seeking Behavior ◽  
The Relationship

Purpose This paper aims to investigate the effect of cooperative conflict management on agreement-seeking behavior, agreement-seeking behavior on decision outcomes, moderating role of competence-based trust on the relationship between agreement-seeking behavior and decision outcomes, and mediating role of agreement-seeking behavior between cooperative conflict management and decision outcomes. Design/methodology/approach Using a structured survey instrument, this paper gathered data from 348 students enrolled in a strategic management capstone course that features strategic decision-making in a simulated business strategy game. The data from 94 teams were collected from the student population using a carefully administered instrument. The data were aggregated after running the inter-rater agreement test and the analyzed to test the hypotheses. Findings The results from the hierarchical regression of the complex moderated mediation model reveal that cooperative conflict management is positively related to agreement-seeking behavior, and agreement-seeking behavior mediates the relationship between cooperative conflict management and decision outcomes. The results also suggest that competence-based trust acts as a moderator in the relationship between agreement-seeking behavior and decision quality; agreement-seeking behavior and team effectiveness, and agreement-seeking behavior and decision commitment. Results also support mediation of agreement-seeking behavior between cooperative conflict management and decision outcomes. Research limitations/implications The present research is based on self-report measures, and hence, the limitations of social desirability bias and common method bias are inherent. However, adequate care is taken to minimize these limitations. The research has implications for the strategic decision-making process literature. Practical implications In addition to the strategic management literature, this study contributes to practicing managers. The study suggests that competence-based trust plays a vital role in decision effectiveness. Administrators need to select the members in the decision-making process who have competence-based trust on one another and engage in agreement-seeking behavior. Social implications The findings from the study help in creating a fruitful social environment in organizations. Originality/value This study provides new insights about the previously unknown effects of cooperative conflict management and agreement-seeking behavior in strategic decision-making process.

MISTAKEN PAYMENTS IN THREE-PARTY SITUATIONS: A GERMAN VIEW OF ENGLISH LAW

1999 ◽  
Vol 58 (3) ◽  
pp. 567-603 ◽  
Author(s):  
Sonja Meier
Keyword(s):  
Case Law ◽  
Law And Literature ◽  
English Law ◽  
Relationship Of ◽  
The Relationship

ACCORDING to the English law of restitution, a payment under a mistake of fact can usually be recovered from the recipient, at least if the mistake is a liability mistake or “fundamental”.1 In three-party situations the situation therefore seems to be straight-forward: independently of the relationship of each of the three parties to each other, the plaintiff is the payer and the defendant is the recipient. However, a closer look into the case law and literature reveals that there are problems.

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