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Force (law)
In law, force means unlawful violence, or lawful compulsion. "Forced entry" is an expression falling under the category of unlawful violence; "in force" or "forced sale" would be examples of expressions in the category of lawful compulsion. When something is said to have been done "by force", it usually implies that it was done by actual or threatened violence ("might"), not necessarily by legal authority ("right"). For example, a person forced against their will to commit an unlawful act, which they would not have committed if not threatened, would not be considered criminally culpable for those actions. "Force of arms" is a special case that can be an example of unlawful violence or lawful compulsion dependent on who is exercising the violence (or threat thereof) and their legal right and/or responsibility to do so. When one citizen threatens another with a weapon without being in danger from the person he or she is threatening, this would be an example of the unlawful express ...
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Violence
Violence is the use of physical force so as to injure, abuse, damage, or destroy. Other definitions are also used, such as the World Health Organization's definition of violence as "the intentional use of physical force or power, threatened or actual, against oneself, another person, or against a group or community, which either results in or has a high likelihood of resulting in injury, death, psychological harm, maldevelopment, or deprivation."Krug et al."World report on violence and health", World Health Organization, 2002. Internationally, violence resulted in deaths of an estimated 1.28 million people in 2013 up from 1.13 million in 1990. However, global population grew by roughly 1.9 billion during those years, showing a dramatic reduction in violence per capita. Of the deaths in 2013, roughly 842,000 were attributed to self-harm (suicide), 405,000 to interpersonal violence, and 31,000 to collective violence ( war) and legal intervention. For each single death due to v ...
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Compulsion
Compulsion may refer to: * Compulsive behavior, a psychological condition in which a person does a behavior compulsively, having an overwhelming feeling that they must do so. * Obsessive–compulsive disorder, a mental disorder characterized by intrusive thoughts that produce anxiety and by repetitive behaviors aimed at reducing that anxiety. Art and entertainment * ''Compulsion'' (Hutson novel), a 2002 horror novel by Shaun Hutson * ''Compulsion'' (Kellerman novel), an Alex Delaware novel by Jonathan Kellerman * ''Compulsion'' (Levin novel), a 1956 novel by Meyer Levin and a 1957 adapted play by Levin * ''Compulsion'' (1959 film), a 1959 film based on Levin's novel * ''Compulsion'' (2009 film), a 2009 United Kingdom television drama, inspired by the Jacobean tragedy ''The Changeling'' * ''Compulsion'', a play by Rinne Groff, which premiered at Berkeley Rep in 2010, about Meyer Levin * ''Compulsion'' (2013 film), a 2013 film directed by Egidio Coccimiglio * ''Compulsion'' ...
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Right
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory. Rights are of essential importance in such disciplines as law and ethics, especially theories of justice and deontology. Rights are fundamental to any civilization and the history of social conflicts is often bound up with attempts both to define and to redefine them. According to the ''Stanford Encyclopedia of Philosophy'', "rights structure the form of governments, the content of laws, and the shape of morality as it is currently perceived". Definitional issues One way to get an idea of the multiple understandings and senses of the term is to consider different ways it is used. Many diverse things are claimed as rights: There are likewise diverse possible ways to categorize rights, such as: There has been considerable ...
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Legal Right
Some philosophers distinguish two types of rights, natural rights and legal rights. * Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are ''universal'', ''fundamental'' and ''inalienable'' (they cannot be repealed by human laws, though one can forfeit their enjoyment through one's actions, such as by violating someone else's rights). Natural law is the law of natural rights. * Legal rights are those bestowed onto a person by a given legal system (they can be modified, repealed, and restrained by human laws). The concept of positive law is related to the concept of legal rights. Natural law first appeared in ancient Greek philosophy, and was referred to by Roman philosopher Cicero. It was subsequently alluded to in the Bible, and then developed in the Middle Ages by Catholic philosophers such as Albert the Great and his pupil Thomas Aquinas. During the Age of Enlightenment, the concept of natural laws was ...
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Weapon
A weapon, arm or armament is any implement or device that can be used to deter, threaten, inflict physical damage, harm, or kill. Weapons are used to increase the efficacy and efficiency of activities such as hunting, crime, law enforcement, self-defense, warfare, or suicide. In broader context, weapons may be construed to include anything used to gain a tactical, strategic, material or mental advantage over an adversary or enemy target. While ordinary objects – sticks, rocks, bottles, chairs, vehicles – can be used as weapons, many objects are expressly designed for the purpose; these range from simple implements such as clubs, axes and swords, to complicated modern firearms, tanks, intercontinental ballistic missiles, biological weapons, and cyberweapons. Something that has been re-purposed, converted, or enhanced to become a weapon of war is termed weaponized, such as a weaponized virus or weaponized laser. History The use of weapons is a major driver of ...
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Police Officer
A police officer (also called a policeman and, less commonly, a policewoman) is a warranted law employee of a police force. In most countries, "police officer" is a generic term not specifying a particular rank. In some, the use of the rank "officer" is legally reserved for military personnel. Police officers are generally charged with the apprehension of suspects and the prevention, detection, and reporting of crime, protection and assistance of the general public, and the maintenance of public order. Police officers may be sworn to an oath, and have the power to arrest people and detain them for a limited time, along with other duties and powers. Some officers are trained in special duties, such as counter-terrorism, surveillance, child protection, VIP protection, civil law enforcement, and investigation techniques into major crime including fraud, rape, murder, and drug trafficking. Although many police officers wear a corresponding uniform, some police office ...
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Arrest
An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questioned further and/or charged. An arrest is a procedure in a criminal justice system, sometimes it is also done after a court warrant for the arrest. Police and various other officers have powers of arrest. In some places, a citizen's arrest is permitted; for example in England and Wales, any person can arrest "anyone whom he has reasonable grounds for suspecting to be committing, have committed or be guilty of committing an indictable offence", although certain conditions must be met before taking such action. Similar powers exist in France, Italy, Germany, Austria and Switzerland if a person is caught in an act of crime and not willing or able to produce valid ID. As a safeguard against the abuse of power, many countries require th ...
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Monopoly On Violence
In political philosophy, a monopoly on violence or monopoly on the legal use of force is the property of a polity that is the only entity in its jurisdiction to legitimately use force, and thus the supreme authority of that area. While the monopoly on violence as the defining conception of the state was first described in sociology by Max Weber in his essay ''Politics as a Vocation'' (1919), the monopoly of the legitimate use of physical force is a core concept of modern public law, which goes back to French jurist and political philosopher Jean Bodin's 1576 work '' Les Six livres de la République'' and English philosopher Thomas Hobbes' 1651 book ''Leviathan''. Weber claims that the state is the "only human ''Gemeinschaft'' which lays claim to the monopoly on the legitimate use of physical force. As such, states can resort to coercive means such as incarceration, expropriation, humiliation, and death threats to obtain the population's compliance with its rule and thus mainta ...
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Coming Into Force
In law, coming into force or entry into force (also called commencement) is the process by which legislation, regulations, treaties and other legal instruments come to have legal force and effect. The term is closely related to the date of this transition. The point at which such instrument comes into effect may be set out in the instrument itself, or after the lapse of a certain period, or upon the happening of a certain event, such as a proclamation or an objective event, such as the birth, marriage, reaching a particular age or death of a certain person. On rare occasions, the effective date of a law may be backdated to a date before the enactment. To come into force, a treaty or Act first needs to receive the required number of votes or ratifications. Although it is common practice to stipulate this number as a requirement in the body of the treaty itself, it can also be set out in a superior law or legal framework, such as a constitution or the standing orders of the legis ...
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Power (social And Political)
In social science and politics, power is the social production of an effect that determines the capacities, actions, beliefs, or conduct of actors. Power does not exclusively refer to the threat or use of force (coercion) by one actor against another, but may also be exerted through diffuse means (such as institutions). Power may also take structural forms, as it orders actors in relation to one another (such as distinguishing between a master and a slave), and discursive forms, as categories and language may lend legitimacy to some behaviors and groups over others. The term ''authority'' is often used for power that is perceived as legitimate or socially approved by the social structure. Power can be seen as evil or unjust; however, power can also be seen as good and as something inherited or given for exercising humanistic objectives that will help, move, and empower others as well. Scholars have distinguished between soft power and hard power. Theories Five bases ...
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Police Power (United States Constitutional Law)
In United States constitutional law, the police power is the capacity of the states to regulate behavior and enforce order within their territory for the betterment of the health, safety, morals, and general welfare of their inhabitants. Police power is defined in each jurisdiction by the legislative body, which determines the public purposes that need to be served by legislation. Under the Tenth Amendment to the United States Constitution, the powers not delegated to the Federal Government are reserved to the states or to the people. This implies that the Federal Government does not possess all possible powers, because most of these are reserved to the State governments, and others are reserved to the people. Police power is exercised by the legislative and executive branches of the various states through the enactment and enforcement of laws. States have the power to compel obedience to these laws through whatever measures they see fit, provided these measures do not inf ...
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Use Of Force
The use of force, in the context of law enforcement, may be defined as the "amount of effort required by police to compel compliance by an unwilling subject". Use of force doctrines can be employed by law enforcement officers and military personnel on guard duty. The aim of such doctrines is to balance the needs of security with ethical concerns for the rights and well-being of intruders or suspects. Injuries to civilians tend to focus attention on self-defense as a justification and, in the event of death, the notion of justifiable homicide. For the English law on the use of force in crime prevention, see Self-defence in English law. The Australian position on the use of troops for civil policing is set out by Michael Hood in ''Calling Out the Troops: Disturbing Trends and Unanswered Questions''; compare "Use of Deadly Force by the South African Police Services Re-visited" by Malebo Keebine-Sibanda and Omphemetse Sibanda. History Use of force dates back to the beginni ...
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