DISREGARD FOR THE CIVIL LIBERTIES OF SOME ERODES THE LEGAL RIGHTS OF ALL CITIZENS

2022 ◽  
pp. 53-56
Keyword(s):  
Civil Liberties ◽  
Legal Rights

scholarly journals Disinformation as a Tool Aimed at Weakening Consolidated Democracies

2020 ◽  
Vol 5 (1) ◽  
pp. 73-85
Author(s):  
Artur Kozłowski ◽  
Klaudia Skelnik
Keyword(s):  
Social Media ◽  
Social Life ◽  
Freedom Of Expression ◽  
Civil Liberties ◽  
Human Mind ◽  
Legal Rights ◽  
Fake News ◽  
Democratic State ◽  
The Stability ◽  
The Individual

This scholarly article indicates threats to the stability of political systems of consolidated democracies resulting from disinformation. The article presents threats resulting from the effects of disinformation in four areas: state, society, politics and law. The authors demonstrate the exposure of society to manipulative effects of fake news, which affects  human emotions, reasoning and behaviour due to the use of created images of reality. It has been pointed out that fake news as a targeted manipulation tool, while aiming to achieve its goals, exploits the imperfections of the human mind. For this reason, the individual and thus the society need support to protect themselves from the manipulative threat coming from this phenomenon. Protection from fake news must be provided with the respect of freedom of expression, the values of society, the individuals’ liberties as well as legal rights. Disinformation is not a new phenomenon in itself, but the development of the Internet and social media allows for an unprecedented scale of social manipulation. The article also indicates that disinformation is often directed at civil liberties and destabilises the principles of social life and citizens’ trust in public institutions, authorities or the media, regardless of whether its source is third countries or it is “produced” internally. In a democratic state a citizen should be able to make informed decisions and independently assess whether the information encountered in the social media is true or false.

Court in the Act: Procedural Progression in the Law of Arrest, Detention and Failure to Answer to Bail

2019 ◽  
Vol 83 (3) ◽  
pp. 195-204
Author(s):  
Cathál MacPartholán
Keyword(s):  
Police Officers ◽  
Civil Liberties ◽  
Critical Evaluation ◽  
Legal Rights ◽  
The Rule Of Law ◽  
Criminal Justice Reform ◽  
Conservative Government ◽  
The Law ◽  
The Impact ◽  
Consultation Paper

This article provides an overview of the latest developments in criminal procedure and practice pertaining to pre-trial defendants. It critically reviews the position regarding: failure to answer to bail, breach of pre-charge bail conditions and the considerations of granting bail with the liability to be rearrested following a breach of bail conditions (s. 72 of the Policing and Crime Act (PCA) 2017). In the eight years of Conservative government, criminal justice reform programmes have been seen as executing the extensive erosion of civil liberties. This article examines the enthusiastic enterprise set out in the PCA 2017 to deliver reform of the law on bail—and the consequences of failure to answer to bail following this reform. The first section of the article consists of a brief review of the early commitment to realign the State power with Britain’s past underlying traditions of democracy, freedom, human rights and the rule of law, arguably, accentuated with the Protection of Freedoms Act 2012. This is followed by a discussion of the interaction between police officers and suspects, namely: (a) pre-arrest, and on arrest, (b) caution and legal rights and (c) detention. This section will discuss recent coarsening of that commitment regarding powers of arrest, detention, entry, bail and failure to answer to bail, for pre-trial defendants. The article then turns to outline and evaluate the juxtaposition of the Law Commission’s Consultation Paper on Search Warrants. An analysis will then be made of the impact of s. 72 of the PCA 2017, before concluding with a critical evaluation of whether this change is a contemporary rapine of breach of bail, or a comparative necessity.

Spiritual Healing, Sick Kids and the Law: Inequities in the American Healthcare System

2003 ◽  
Vol 29 (2-3) ◽  
pp. 269-299
Author(s):  
Janna C. Merrick
Keyword(s):  
Medical Science ◽  
Spiritual Healing ◽  
Best Interests ◽  
Legal Rights ◽  
High Tech ◽  
Divine Love ◽  
Religious Minority ◽  
Human Need ◽  
East End ◽  
The Church

Main Street in Sarasota, Florida. A high-tech medical arts building rises from the east end, the county's historic three-story courthouse is two blocks to the west and sandwiched in between is the First Church of Christ, Scientist. A verse inscribed on the wall behind the pulpit of the church reads: “Divine Love Always Has Met and Always Will Meet Every Human Need.” This is the church where William and Christine Hermanson worshipped. It is just a few steps away from the courthouse where they were convicted of child abuse and third-degree murder for failing to provide conventional medical care for their seven-year-old daughter.This Article is about the intersection of “divine love” and “the best interests of the child.” It is about a pluralistic society where the dominant culture reveres medical science, but where a religious minority shuns and perhaps fears that same medical science. It is also about the struggle among different religious interests to define the legal rights of the citizenry.

Confucian Perfectionism

2013 ◽  
Author(s):  
Joseph Chan
Keyword(s):  
Political Philosophy ◽  
Civil Liberties ◽  
Moral Rights ◽  
Democratic Institutions ◽  
Political Equality ◽  
Philosophical Foundations ◽  
Liberal Conception ◽  
Liberal Democratic ◽  
Conception Of The Good ◽  
The Right

Since the very beginning, Confucianism has been troubled by a serious gap between its political ideals and the reality of societal circumstances. Contemporary Confucians must develop a viable method of governance that can retain the spirit of the Confucian ideal while tackling problems arising from nonideal modern situations. The best way to meet this challenge, this book argues, is to adopt liberal democratic institutions that are shaped by the Confucian conception of the good rather than the liberal conception of the right. The book examines and reconstructs both Confucian political thought and liberal democratic institutions, blending them to form a new Confucian political philosophy. The book decouples liberal democratic institutions from their popular liberal philosophical foundations in fundamental moral rights, such as popular sovereignty, political equality, and individual sovereignty. Instead, it grounds them on Confucian principles and redefines their roles and functions, thus mixing Confucianism with liberal democratic institutions in a way that strengthens both. The book then explores the implications of this new yet traditional political philosophy for fundamental issues in modern politics, including authority, democracy, human rights, civil liberties, and social justice. The book critically reconfigures the Confucian political philosophy of the classical period for the contemporary era.

Harris v Fitzherbert: Customary Rights of Labour on a Shore Whaling Station

2011 ◽  
Vol 42 (4) ◽  
pp. 639
Author(s):  
Stuart Anderson
Keyword(s):  
New Zealand ◽  
Common Law ◽  
Legal Rights ◽  
Customary Rights

This note considers an early adaptation of common law to conditions on New Zealand whaling stations, made relatively easy by the law's prior acceptance of local custom or usage as a determinant of legal rights. The case, Harris v Fitzherbert from 1843, is significant also for the jury's acceptance of a manual workers' construction of the rule over financiers.

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