As a lawyer, I know a lot about how much the law rests on terms such as 'reasonable' and 'proportionality'.
Every area of law, from crime, contract and tort is based largely upon these principles.
It is almost a general rule, from an officer arresting a suspect, to a man on the street defending themselves, from imposing a duty on an occupier to keep land safe and to a dentist having a duty not to provide negligent treatment or advice. Every action must be reasonable in the circumstances and reactions must be proportionate. Using this logic, alongside other principles specific to the area of law, liability and then damages are assessed.
Never will the onus or duty be so great that it would unnecessarily punish the negligent dentist, or the over zealous police officer, that it would be disproportionate to the aim desired to be achieved. Which is why negligence, most of the time, is not a crime - to impose criminal sanctions in every instance would be too harsh. And it is why it is not acceptable to kill someone just to prevent them punching you in the arm.
War throws these principles away. Which is why it is so horrific. It defies explanation and logic. But I would like to draw attention to the unreasonable and disproportionate use of Israeli force in the Gaza Strip.
Thousands more Palestinians have been killed in the conflict than Israelis. Israel uses its massive force that betrays every principle of law that civilised society is based upon. It is a disgrace.
http://www.ifamericansknew.org/stats/deaths.html
Every area of law, from crime, contract and tort is based largely upon these principles.
It is almost a general rule, from an officer arresting a suspect, to a man on the street defending themselves, from imposing a duty on an occupier to keep land safe and to a dentist having a duty not to provide negligent treatment or advice. Every action must be reasonable in the circumstances and reactions must be proportionate. Using this logic, alongside other principles specific to the area of law, liability and then damages are assessed.
Never will the onus or duty be so great that it would unnecessarily punish the negligent dentist, or the over zealous police officer, that it would be disproportionate to the aim desired to be achieved. Which is why negligence, most of the time, is not a crime - to impose criminal sanctions in every instance would be too harsh. And it is why it is not acceptable to kill someone just to prevent them punching you in the arm.
War throws these principles away. Which is why it is so horrific. It defies explanation and logic. But I would like to draw attention to the unreasonable and disproportionate use of Israeli force in the Gaza Strip.
Thousands more Palestinians have been killed in the conflict than Israelis. Israel uses its massive force that betrays every principle of law that civilised society is based upon. It is a disgrace.
http://www.ifamericansknew.org/stats/deaths.html
