Doug Husak and Ken Simons have both pointed out to me that, as a measure of conduct, the vague prescriptive term “reasonable” in self-defense can be replaced with more precise terms, including “proportionate” and “necessary.” Husak and Simons are right with respect to self-defense. How...
Since agents must make defensive decisions under high pressure and on only partial information, they will sometimes make mistakes. We have reason to want a norm that considers a mistake permissible when it was highly likely on the evidence that defense was proportionate and necessary to avert a ...
necessaryandreasonableand theextentofdeviation from the principle is proportionate to the actual need. legco.gov.hk legco.gov.hk 偏離同等對待的原則,須證明 以下 3 點才算有理可依︰確實有此需要、做法合理,以及偏離原則程度與實際需要成比例。
The employee is also under a duty to obey lawful and reasonable instructions, and this will include instructions related to the timing and organisation of work. Employment contracts are incomplete by design, leaving employers with the necessary residual authority to change organisational practices through...
The employer could defend the claim by arguing that the height requirement was a “proportionate means of achieving a legitimate aim”. But this is a high bar for an employer to clear and it’s difficult to think of a justification for that sort of requirement – which is perhaps one ...
Although the spirit of the NDIS is to deliver choice and control, the Australian government''s objective is to ensure that rights and aspirations are proportionate to expectations of best practice, aptness of mainstream services and cost effectiveness. The position in this paper is that this test...
Jurors should be instructed to find not only that the defendant reasonably believed deadly force was necessary to counter an imminent threat of death or grievous bodily injury, but also that the defendant's acts were reasonably proportionate to the threatened harm. In Part III, I conclude that ...