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Belief.

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Belief - 1. an acceptance that something exists or is true, especially one without proof

2. trust, faith, or confidence in (someone or something).

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Belief. The second artwork from the Law on the Wall series by Lawyers Arts Club.


The title Belief is taken from the Criminal Damage Act 1971 48 section 5.

THE SIGNIFICANCE OF ONE WORD

First you must believe.

WHY BELIEF ?

A belief will develop into a value when the person's commitment to it grows and they see it as being important. It is possible to categorise beliefs into different types of values for example values that relate to happiness, wealth, career success or family. By acting on your beliefs you live your life with ethics and values.

WHAT LAW IS ON THE WALL?

This act defines and and creates a series of offences protecting property rights.

It provides a comprehensive structure on the destroying and damaging of a person’s property and belongings.

Criminal Damage Act 1971 48 section 5

 

“Without lawful excuse.”

(1)This section applies to any offence under section 1(1) above and any offence under section 2 or 3 above other than one involving a threat by the person charged to destroy or damage property in a way which he knows is likely to endanger the life of another or involving an intent by the person charged to use or cause or permit the use of something in his custody or under his control so to destroy or damage property.

(2)A person charged with an offence to which this section applies, shall, whether or not he would be treated for the purposes of this Act as having a lawful excuse apart from this subsection, be treated for those purposes as having a lawful excuse—

(a)if at the time of the act or acts alleged to constitute the offence he believed that the person or persons whom he believed to be entitled to consent to the destruction of or damage to the property in question had so consented, or would have so consented to it if he or they had known of the destruction or damage and its circumstances; or

(b)if he destroyed or damaged or threatened to destroy or damage the property in question or, in the case of a charge of an offence under section 3 above, intended to use or cause or permit the use of something to destroy or damage it, in order to protect property belonging to himself or another or a right or interest in property which was or which he believed to be vested in himself or another, and at the time of the act or acts alleged to constitute the offence he believed—

(i)that the property, right or interest was in immediate need of protection; and

(ii)that the means of protection adopted or proposed to be adopted were or would be reasonable having regard to all the circumstances.

(3)For the purposes of this section it is immaterial whether a belief is justified or not if it is honestly held.

(4)For the purposes of subsection (2) above a right or interest in property includes any right or privilege in or over land, whether created by grant, licence or otherwise.

(5)This section shall not be construed as casting doubt on any defence recognised by law as a defence to criminal charges.Subject to the following provisions of this Act, no person shall execute or cause to be executed any works for the demolition of a listed building or for its alteration or extension in any manner which would affect its character as a building of special architectural or historic interest, unless the works are authorised.shall not be disqualified by sex or marriage from the exercise of any public function, or from being appointed to or holding any civil or judicial office or post, or from entering or assuming or carrying on any civil profession or vocation, or for admission to any incorporated society (whether incorporated by Royal Charter or otherwise).


THE ACT MADE IT AN OFFENCE TO DESTROY OR DAMAGE PROPERTY

A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.


La Victoire, 1939 by Rene Magritte

La Victoire, 1939 by Rene Magritte

THE TONY MARTIN CASE

On 20th August 1999 two burglars broke into Mr Martin’s farmhouse. Shooting downwards in the dark he fired three shots with one burglar dying on the scene and the other escaped out of a window. This case tore the nation with many people asking should he have taken the law into their own hands in order to protect his property? Should we have the right to protect our homes, whatever the consequences?

"Was he defending his home from intruders or simply a vigilante taking the law into his own hands?" said Prof Wilson, emeritus professor of criminology at Birmingham City University.

Tony Martin was charged with murder and sentenced to life imprisonment. He later appealed and his conviction was replaced by manslaughter and he was released after serving three years of his reduced five year sentence.

To this day public opinion is still divided as a 16 year old’s life was lost on that fateful night. The law states you are allowed to take reasonable steps to defend yourself and your property. 

"The test of what's reasonable was not felt to have been met in Martin's case because the intruders were running away."

The law allows for "reasonable force" to be used - a test Martin failed, leading legal experts to warn after the verdict that he should not be seen as "the typical Englishman trying to defend his castle".


WHY IS BELIEF IMPORTANT IN 2021 AN BEYOND?

Belief will always be the driving force of any individuals actions. To believe you can is necessary for you to do.

BELIEF MATTERS

When we are born, we enter this world with a clean slate and without preconceived beliefs. Most of our core beliefs are formed when we are children. We live in a world where many people are questioning their own society’s morality and asking if the beliefs of the world around them are the same as their own.

“Blind belief in authority is the greatest enemy of the truth.”
— Albert Einstein

 

BELIEF IN ONESELF

Self-belief has to do with how much a person believes in his or herself. It encompasses the belief in your values, skills, knowledge, and abilities. Self-belief is very important because it affects a person’s lifestyle and choices.

A person without self-belief will constantly downplay their abilities while settling for less than what they deserve.

A person with self-belief knows their worth and value. They believe they will get what they deserve.

“It’s the repetition of affirmations that leads to belief. And once that belief becomes a deep conviction , things begin to happen.”
— Muhammad Ali

 

BELIEF IN ART

The Japanese artist Hokusai started painting at 6, became a wood carver at 14, got expelled from art school but went on to make over 30,000 artworks in his lifetime. His prolific output included sketches, woodblock prints, erotic illustrations, picture books and paintings. His artwork the ‘Great Wave’ is the universal emoji for sea/wave.

On 10 May 1849, he died aged 88 and said on his deathbed ‘If only Heaven will give me just another ten years... Just another five more years, then I could become a real painter.

INTERACTIVE ARTWORK

This is an on going, interactive artwork to keep people engaged with the law and the discussion that comes from it.

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SELF BELIEF

A confident individual is an inspiring individual who believes in themselves and their own motivations. Your own self-belief can bring out the best in others and help them perform because they’ve seen first-hand the potential it unlocks.

BELIEF IN LIFE

We require water and air to live without air and water we cease to exist. Life itself requires an innate belief to survive, to know another day will come.

BE HEARD AND GET INVOLVED

There are many people who will have to defend and protect their properties at some point and The Criminal Damage Act 1971 defends their rights to do that.

The Flower Carrier, 1935 by Diego Rivera

The Flower Carrier, 1935 by Diego Rivera

DEFENDING YOUR PROPERTY

On September 24th 2019, three men wearing balaclavas entered estate agent Asif Ali’s property in Rochdale. The attempted robbery took place at Mr Ali’s home at 9:15pm with his wife sleeping upstairs.

Mr Ali chased the burglars out of his home with a kitchen knife after a fighting them off in his hallway. Mr Ali had cameras setup across his property, with one in his hall which caught the entire act. A screwdriver was found in his front garden. Despite national media attention no one has been convicted for the crime.

Mr Ali did whatever he had to do to defend his home and his wife. For an Englishman’s home is his castle.

“Freedom and Property Rights are inseparable. You can’t have one without the other.”
— George Washington
The Magic Circle by John William Waterhouse, 1886

The Magic Circle by John William Waterhouse, 1886

BACK TO LAW ON THE WALL

Lawyers Arts Club - is an organisation creating content by uniting the law and the arts for the purpose of sparking discussion.

 

Legal research and sponsorship provided by Theodorous Law Firm.

Legal research and sponsorship provided by Theodorous Law Firm.

 

 

 

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