scholarly journals SAVAVALDŽIAVIMO NUSIKALTIMO IR CIVILINIŲ TEISIŲ SAVIGYNOS SANTYKIS

Teisė ◽  
2015 ◽  
Vol 92 ◽  
pp. 126-136
Author(s):  
Gerardas Višinskis
Keyword(s):  
Civil Rights ◽  
Self Help ◽  
Similarities And Differences ◽  
The Relationship ◽  
Legal Consequences ◽  
Self Defence

Straipsnyje tiriamas savavaldžiavimo nusikaltimo ir civilinių teisių savigynos santykis, jų panašumai ir skirtumai. Analizuojama savigalbos samprata, jos, savigynos ir savavaldžiavimo santykis. Nagrinėjamos savigynos įgyvendinimo sąlygos, jų pažeidimo teisiniai padariniai. The article analyses the relationship between self-willed conduct and self-defence of civil rights as well as similarities and differences of these phenomena. The article also looks into the concept of self-help, its relationship with self-defence and self-willed conduct. Conditions for self-defence and legal consequences of breaches thereof are, moreover, analyzed.

Technological Self-Help and Equality in Cyberspace

2011 ◽  
Vol 56 (1) ◽  
pp. 39-75
Author(s):  
Jennifer A. Chandler
Keyword(s):  
New Technologies ◽  
Policy Issue ◽  
Legal Rights ◽  
Legal Limits ◽  
Self Help ◽  
Peer To Peer Networks ◽  
Explicit Consideration ◽  
The Law ◽  
The Relationship ◽  
Self Defence

New technologies challenge the law in many ways, for example, they extend one’s capacity to harm others and to defend oneself from harm by others. These changes require the law to decide whether we have legal rights to be free from those harms, and whether we may react against those harms extrajudicially through some form of self-help (e.g., self-defence or defence of third parties) or whether we must resort to legal mechanisms alone. These questions have been challenging to answer in the cyberspace context, where new interests and new harms have emerged. The legal limits on permissible self-defence have historically been a function of necessity and proportionality to the threat. However, this article argues that case law and historical commentary reveal that equality between individuals is also an important policy issue underlying the limits on self-defence. The use of technologies in self-defence brings the question of equality to the fore since technologies may sometimes neutralize an inequality in strength between an attacker and a defender. A legal approach that limits resort to technological tools in self-defence would ratify and preserve that inequality. However, the relationship between technology and human equality is complex, and this article proposes an analytical structure for understanding it. The objective is to understand which technologies promote equality while imposing the least social costs when used in self-defence. The article proposes principles (including explicit consideration of the effects on equality) for setting limits on technological self-help, and illustrates their use by applying them to several forms of cyberspace counter-strikes against hackers, phishers, spammers, and peer-to-peer networks.

Religion, Race, and Sports

2018 ◽  
Author(s):  
Jeffrey Scholes
Keyword(s):  
United States ◽  
Civil Rights ◽  
Civil Rights Movement ◽  
Jim Crow ◽  
The United States ◽  
Baseball Player ◽  
Sports History ◽  
Jim Crow Era ◽  
The Relationship ◽  
African American Race

Race, religion, and sports may seem like odd bedfellows, but, in fact, all three have been interacting with each other since the emergence of modern sports in the United States over a century ago. It was the sport of boxing that saw a black man become a champion at the height of the Jim Crow era and a baseball player who broke the color barrier two decades before the civil rights movement began. In this chapter, the role that religion has played in these and other instances where race (the African American race in particular) and sports have collided will be examined for its impact on the relationship between race and sports. The association of race, religion, and sports is not accidental. The chapter demonstrates that all three are co-constitutive of and dependent on each other for their meaning at these chosen junctures in American sports history.

Support for the Americans With Disabilities Act Among Nondisabled People

2021 ◽  
pp. 104420732110231
Author(s):  
Carli Friedman ◽  
Laura VanPuymbrouck
Keyword(s):  
Civil Rights ◽  
Americans With Disabilities Act ◽  
A Priori ◽  
People With Disabilities ◽  
Secondary Data ◽  
The United States ◽  
Limited Participation ◽  
Persons With Disabilities ◽  
Research Questions ◽  
The Relationship

The Americans with Disabilities Act (ADA) opened the doors to access and enhanced the civil rights of people with disabilities. However, a lack of accessibility to all segments of society continues throughout the United States and is frequently described by people with disabilities as a leading cause for limited participation. Beliefs and attitudes regarding disability can affect critical decisions regarding inclusion and people with disabilities’ civil rights. Therefore, the purpose of this study was to explore support and opposition to the ADA among nondisabled people. We had the following research questions: (a) What is the relationship between disability prejudice and support for the ADA? and (b) When controlling for disability prejudice, what other factors lead people to support the ADA? To do so, we examined secondary data from approximately 13,000 participants from all 50 states and the District of Columbia. Findings from this study revealed that people who oppose the ADA are significantly more prejudiced toward people with disabilities than people who support the ADA. Understanding and becoming aware of attitudes and prejudice toward persons with disabilities can be a first step toward dispelling such beliefs and possibly a priori step to achieving the intent and spirit of the ADA.

scholarly journals Conceptualizing and Fostering the Quality of CES Through a Dutch National Network on CES (NEON)

HEC Forum ◽  
2021 ◽  
Author(s):  
Laura Hartman ◽  
Guy Widdershoven ◽  
Eva van Baarle ◽  
Froukje Weidema ◽  
Bert Molewijk
Keyword(s):  
Quality Standards ◽  
Evaluation Methodology ◽  
Clinical Ethics Support ◽  
National Network ◽  
Responsive Evaluation ◽  
Evaluation Approach ◽  
Ethics Support ◽  
Similarities And Differences ◽  
The Relationship

AbstractThe prevalence of Clinical ethics support (CES) services is increasing. Yet, questions about what quality of CES entails and how to foster the quality of CES remain. This paper describes the development of a national network (NEON), which aimed to conceptualize and foster the quality of CES in the Netherlands simultaneously. Our methodology was inspired by a responsive evaluation approach which shares some of our key theoretical presuppositions of CES. A responsive evaluation methodology engages stakeholders in developing quality standards of a certain practice, instead of evaluating a practice by predefined standards. In this paper, we describe the relationship between our theoretical viewpoint on CES and a responsive evaluation methodology. Then we describe the development of the network (NEON) and focus on three activities that exemplify our approach. In the discussion, we reflect on the similarities and differences between our approach and other international initiatives focusing on the quality of CES.

Analisis Intertekstual Timun Mas dan Buto Ijo pada Iklan Marjan dan Cerita Rakyat Indonesia

2021 ◽  
Vol 9 (1) ◽  
pp. 1-8
Author(s):  
Ade Anggraini Kartika Devi ◽  
Ade Husnul Mawadah
Keyword(s):  
Descriptive Analysis ◽  
Data Sources ◽  
Great Strength ◽  
Happy Ending ◽  
Folk Tales ◽  
Similarities And Differences ◽  
The Difference ◽  
The Relationship

Abstract This study aims to analyze the intertextuality of Timun Mas and Buto Ijo in the Marjan advertisement with Indonesian folklore. The advertisement is considered as a text derived from the previous text because it uses the characters of Buto Ijo and Timun Mas, namely the legendary figures of folklore entitled Timun Mas and Buto Ijo. The data sources are the Timun Mas and Buto Ijo versions of Marjan advertisements and the Timun Mas and Buto Ijo folk tales. Descriptive analysis was carried out using an intertextuality approach to see the relationship between the two texts. The results showed that the character of Buto Ijo in the Marjan advertisement and Indonesian folklore had some similarities and differences. The similarity is Buto Ijo is tall, big, and green. Buto Ijo, as his name implies, is told as a giant green figure who has great strength. The difference lies at the end of the story. In the advertisement, Buto Ijo has a happy ending by joining the Timun Mas family to celebrate Eid. While in folklore, Buto Ijo has a tragic ending. Buto Ijo died from drowning in a sea of ​​shrimp paste that turned into embers in the ocean.

Differentiation of the Legal Regulation of the Pledge Depending on from the Object

2021 ◽  
Vol 6 ◽  
pp. 39-44
Author(s):  
I. G. Zhabinsky ◽  
Keyword(s):  
Civil Rights ◽  
Property Rights ◽  
Legal Regulation ◽  
Ongoing Debate ◽  
Intellectual Activity ◽  
Common Features ◽  
The Relationship ◽  
Legal Entities ◽  
Individual Objects

The article raises the question of differentiating the legal regulation of legal relations arising from a pledge, depending on the object of the pledge. Of course, the pledge as a way of securing the fulfillment of obligations is characterized by common features and general approaches to regulation, regardless of the object, at the same time, the features of individual objects require the specification of the relevant rules. The ongoing debate in science regarding the ratio of objects of civil rights, as well as the lack of unity on the issue of the ratio of individual objects, gives rise to a discussion regarding certain types of collateral, classified depending on the object. The author pays special attention to the pledge of property rights and proposes an approach on the relationship between certain types of property rights, in particular, rights of obligation, rights of participants in legal entities and exclusive rights to the results of intellectual activity.

Uncontrollable Blackness

2020 ◽  
Author(s):  
Douglas J. Flowe
Keyword(s):  
New York ◽  
Twentieth Century ◽  
Civil Rights ◽  
Jim Crow ◽  
African American Men ◽  
Urban Centers ◽  
Domestic Spaces ◽  
Racial Injustice ◽  
Lawful Conduct ◽  
The Relationship

Early twentieth-century African American men in northern urban centers like New York faced economic isolation, segregation, a biased criminal justice system, and overt racial attacks by police and citizens. In this book, Douglas J. Flowe interrogates the meaning of crime and violence in the lives of these men, whose lawful conduct itself was often surveilled and criminalized, by focusing on what their actions and behaviors represented to them. He narrates the stories of men who sought profits in underground markets, protected themselves when law enforcement failed to do so, and exerted control over public, commercial, and domestic spaces through force in a city that denied their claims to citizenship and manhood. Flowe furthermore traces how the features of urban Jim Crow and the efforts of civic and progressive leaders to restrict their autonomy ultimately produced the circumstances under which illegality became a form of resistance.Drawing from voluminous prison and arrest records, trial transcripts, personal letters and documents, and investigative reports, Flowe opens up new ways of understanding the black struggle for freedom in the twentieth century. By uncovering the relationship between the fight for civil rights, black constructions of masculinity, and lawlessness, he offers a stirring account of how working-class black men employed extralegal methods to address racial injustice.

Military Targeting in the Context of Self-Defence Actions

2015 ◽  
Vol 84 (1) ◽  
pp. 3-28 ◽  
Author(s):  
James A. Green ◽  
Christopher P.M. Waters
Keyword(s):  
Target Selection ◽  
Jus In Bello ◽  
Customary International Law ◽  
Jus Ad Bellum ◽  
Conceptual Clarity ◽  
Starting Point ◽  
Definition Of ◽  
The Relationship ◽  
Self Defence ◽  
Selection Of

For self-defence actions to be lawful, they must be directed at military targets. The absolute prohibition on non-military targeting under the jus in bello is well known, but the jus ad bellum also limits the target selection of states conducting defensive operations. Restrictions on targeting form a key aspect of the customary international law criteria of necessity and proportionality. In most situations, the jus in bello will be the starting point for the definition of a military targeting rule. Yet it has been argued that there may be circumstances when the jus ad bellum and the jus in bello do not temporally or substantively overlap in situations of self-defence. In order to address any possible gaps in civilian protection, and to bring conceptual clarity to one particular dimension of the relationship between the two regimes, this article explores the independent sources of a military targeting rule. The aim is not to displace the jus in bello as the ‘lead’ regime on how targeting decisions must be made, or to undermine the traditional separation between the two ‘war law’ regimes. Rather, conceptual light is shed on a sometimes assumed but generally neglected dimension of the jus ad bellum’s necessity and proportionality criteria that may, in limited circumstances, have significance for our understanding of human protection during war.

Response to Ken Mack—and New Questions for the History of African American Legal Liberalism in the Age of Obama

2009 ◽  
Vol 27 (3) ◽  
pp. 671-679 ◽  
Author(s):  
Nancy Maclean
Keyword(s):  
African American ◽  
Civil Rights ◽  
Related Field ◽  
Critical Engagement ◽  
History Of ◽  
The Relationship

I so appreciate Professor Mack's generous comments onFreedom Is Not Enough—and even more his critical engagement with it. It's an author's dream to have a leading scholar in a related field read with such care and insight, and I am very grateful for this opportunity to converse about the intriguing issues he has raised. I first encountered some of Ken's articles about civil rights lawyering beforeBrownafterFreedom Is Not Enoughwas in press, and I thought then that my discussion of the earlier history would have been enhanced by them because his portrayal was so rich while our perspectives on the relationship between law and activism were so congruent. Now, reading his comments on the work as published, I wish I had studied law with him! His challenges would have made it a better book.

scholarly journals THE PRINCIPLE OF PROTECTION OF HUMAN AND CIVIL RIGHTS AND FREEDOMS IN CRIMINAL PROCEEDINGS

2021 ◽  
Vol 31 (5) ◽  
pp. 917-923
Author(s):  
E.F. Tensina
Keyword(s):  
Civil Rights ◽  
Legal Regulation ◽  
Information Component ◽  
Criminal Proceedings ◽  
The Relationship ◽  
Current Mechanism

The article analyzes the reasons for the introduction of the principle of protection of human and civil rights and freedoms in the criminal procedural system of principles, including taking into account international legislation. The relationship between the concepts of "protection" and "protection" is revealed. The characteristic of its content is given with the allocation of elements. The content of the information component in the activities of officials carrying out criminal proceedings is analyzed. The concepts of witness immunity and witness privilege are defined, their significance for the content of the principle of protection of human and civil rights and freedoms. Particular attention is paid to the issues of legal regulation of the security program for participants in criminal procedural relations and the current mechanism of compensation for harm caused to the victim of a crime. Taking into account the analysis, the problems of legal regulation were identified and proposals were made to eliminate them. The importance of a serious and thoughtful attitude of officials carrying out criminal proceedings to ensuring human and civil rights and freedoms in criminal proceedings is emphasized.

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