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We all are quite familiar with the word ‘crime’, as we have seen, read, heard or experienced it at some point in our lives. There are some acts which are considered as a crime in all the countries of the world, while there are specific acts which are regarded as a crime, in a particular state only. In simple words, any act which is against the law is termed as a crime.
ReplyDeleteCrime is often contrasted with torts. Many of us are aware of what a tort is or which act is regarded as a tortious act, but there are many who still have no idea about it. So, tort occurs when the private rights of an individual are being violated. When damages caused to a person due to a wrongful act done by someone else, the injured person has the right to file a suit, to claim damages, under tort law.
Tort law address and redress issues relating to a civil wrong. Further, the commission of a tortious act means a violation of civil law. Conversely, Crime is when the public rights are violated and that is why the act is considered as against society. Now we will discuss all the differences between tort and crime.
Content: Tort Vs Crime
Comparison Chart
Definition
Key Differences
Conclusion
Comparison Chart
BASIS FOR COMPARISON TORT CRIME
Meaning Tort implies a wrongful act causing injury or harm for which recovery is sought by the aggrieved party as per civil law, from the person who is responsible for the act. Crime refers to an offence or wrong or illegal act for which the person conducting it, will be punished under the court of law.
Nature of law Uncodified Codified
Involves Infringement of individual rights. Violation of public rights.
Court The defendant will be sued in civil court. The defendant will be prosecuted in criminal court.
Objective To protects the rights of a person. To maintain law and order in society and prevention against crime and punish the wrongdoer.
Remedy On being liable the defendant has to pay damages/compensation decided by the court. On being guilty of the offence, the defendant will be sentenced.
Standard of Proof Balance of Probabilities, also known as Preponderance of Evidence Beyond Reasonable Doubt
Burden of Proof Rests with the claimant Rests with the prosecution
Definition of Tort
ReplyDeleteA tort can be defined as a civil wrong, due to which the claimant unfairly suffers injury or harm leading to legal liability to the person who is responsible for the tortious act. The person who commits the wrongful act is known as tortfeasor or defendant, whereas the one who suffers the loss is regarded as a plaintiff or injured party. The lawsuit filed against the wrongful act is called tort action.
In tort law, the legal suit is filed by the claimant with the aim of obtaining private civil remedy, i.e. damages for the loss suffered. Injury refers to infringement of the legal right of person and harm implies loss or damage which a person suffers.
Usually, every suit which is brought to the civil court, except contractual suit, is dealt under tort law. The law is made to redress the wrongful act done to a person by another person and acts as a countermeasure, to provide relief from such acts of other, by imposing monetary liability on the tortfeasor, as compensation.
Tort law is a law which legally refrains people from causing harm or injury to others. However, if harm is done, it ensures restoration of damages through compensation, not because of an agreement between the parties concerned but due to the implication of general law. So, we can say that tort shifts the burden of loss sustained by the claimant to the defendant, i.e. the one who is responsible.
Negligence, injury, intentional infliction of emotional distress, invasion of privacy, are some of the common examples of tort.
Definition of Crime
Crime refers to the commission or omission of an act, intentionally which amounts to an offence, as it is harmful or threatening. Such an act is explicitly defined, strictly prohibited and punishable under the criminal code. The punishment will be in the form of imprisonment or fine or both.
In other words, crime is an unlawful, illegal or antisocial act, which is not just forbidden by law but also defies the moral sentiments of the society. Basically, which act or behaviour is referred to as ‘crime’ lies on the jurisdiction where a person resides.
First of all, the police are informed about the crime, who then investigates the matter by communicating with the people who witnessed it and the victim as well. The place where the crime took place is also inspected thoroughly to find evidence and facts of the crime.
ReplyDeleteOnce police obtain enough evidence concerning the crime, the search for the suspect starts and whenever or wherever the suspect is found, he/she is arrested and presented to the court for prosecution.
Usually, the accused is deemed innocent, until they are proved guilty. Once their crime is proved, the criminal is sentenced (punishment decided by the court), which may be appealed.
Key Differences Between Tort and Crime
The points of difference between tort and crime are given here in detail:
Tort refers to a wrongful act done by one person against another, causing injury or harm and results in a civil wrong for which legal liability is imposed by the court. On the other hand, Crime can be understood as any act or omission which results in a violation of the law and attracts punishment, such as fine or imprisonment or both. A criminal act is not against a person but society as a whole.
The law for torts is uncodified, whereas every country has a criminal code for crimes. The compensation decided by the court for the defendant in case of tort depends on the measures of wrong and loss caused to the claimant. However, the punishment for the crimes is laid down specifically. Therefore, for every particular crime of which an individual is accused, there is a specific charge, which is tried separately in criminal court.
Tort involves infringement of an individual’s rights, whereas a crime is concerned with a violation of public rights, which affects the entire society.
In the case of tort, the defendant or the tortfeasor is sued in the civil court. Further, it is up to the aggrieved party only whether he/she wants to take the matter to the court or not. In contrast, Criminal offences i.e. crimes are tried under criminal law and prosecuted by the state.
The primary aim of tort law is to provide relief to the injured party, for the loss suffered due to other party and also protect the rights of a person. As against, the criminal law aims at maintaining law and order in the society and providing prevention against crime and punishing the wrongdoer.
In tort law, when the defendant is proven liable, the defendant has to compensate the injured party for the damages or restitute, whatever is stolen or seized. On the contrary, when the accused is found guilty for the act, he/she is sentenced, i.e. a punishment is assigned by the court.
The standard of proof in case of tort is the balance of probabilities or preponderance of the evidence, which means that whichever party’s claims are more probable to be true, will form the basis for the decision. As opposed, when there are criminal charges against a person, the legal standard of proof is beyond a reasonable doubt, which means that there should be sufficient evidence to remove any reasonable doubt that might arise in the minds of any person that the accused is guilty of the crime.
In the case of tort, the burden of proof lies with the claimant, i.e. the injured party who initiated the case. However, in the case of crime, the burden of proof lies with the prosecution due to the presumption of innocence.
Conclusion
ReplyDeleteIn a nutshell, torts are often accidental or unintentional, but due to negligence, the injury takes place, which needs to be compensated or restituted. However, torts can be intentional, but only in some cases. On the contrary, crimes are deliberate and planned wrongful act undertaken with the intention to harm or threaten others to get some unlawful benefit.
Humans and their behaviour within their societies is always a subject of study for many researchers, especially for the sociologist and anthropologist. Anthropology is a branch of knowledge in which we learn about humans and their evolution, with respect to culture, physical traits, interactions, language, behaviour, etc.
ReplyDeleteAnthropology is a broad field of study, whose subject matter is ‘Man’, both past and present. Many think that sociology is same as anthropology, but the fact is sociology is a sub-domain of anthropology.
Sociology is a social science which studies organized groups, their functions, origins, interactions, problems etc. In this article excerpt, we are going to discuss the differences between anthropology and sociology.
Content: Sociology Vs Anthropology
Comparison Chart
Definition
Key Differences
Conclusion
Comparison Chart
BASIS FOR COMPARISON SOCIOLOGY ANTHROPOLOGY
Meaning Sociology is a discipline which studies the development, structure, interaction and operation of the human society. Anthropology is a discipline which studies human beings and their predecessors over time, concerning their evolution, culture, characteristics, relations, etc.
Science Science of Society Science of human evolution
Human Behavior is studied at Group level Individual-level
Objective To remove the social issues through policy. To know about human diversity and cultural difference.
Studies Both preliterate and literate society Preliterate society
Research method Qualitative and Quantitative Qualitative
Definition of Sociology
Sociology is a behavioural science which deals with the social lives, changes, interaction, causes and outcomes of human behaviour. Basically, sociology studies how people interact with one another in society, as well as how an individual’s behaviour is swayed according to the social structure, categories, etc.
The sociologists study the structure, patterns, processes, organization, culture and behaviour of society by observing and surveying the changes in the significant elements of organized groups such as communities, societies, etc.
Sociology is a scientific field of study in which, we get to know about human society, social behaviour, interactions, structure, processes, the pattern of relationships and its forms. The individuals who study sociology are called as sociologists. The social facts collected by the sociologists include the attitudes, values, beliefs, norms, traditions, institutions and so forth, constituting the social order.
Sociology helps in addressing a number of social issues such as community belief and practices, social mobility, stratification, changes, disorder/unrest, etc.
Definition of Anthropology
Anthropology refers to a methodical study of human beings concerning their evolution and development, the way they behave and communicate, the culture they follow, how they adapt to the dynamic environment, how they socialize, etc. physically, socially and culturally.
Further, it also deals with the prehistoric origins, the distinctiveness of human beings as species, and modern human diversity. In finer terms, anthropology is the study of a ‘man’ in terms of biological and sociocultural facets.
The individual who studies anthropology is known as an anthropologist. Anthropologists attempt to explore more about human origin and antiquity, as to what makes us human beings. And they do so by researching our ancestors by way of archaeological survey and by analyzing the culture around the world.
ReplyDeleteBranches of Anthropology
Physical Anthropology: The subject matter of physical anthropology is the human body, ancestral characteristics and status of a man in a group. It is divided into five sub-branches:
Human genetics
Human palaeontology
Ethnology
Anthropometry
Biometry
Cultural Anthropology: The terminology itself suggests, cultural anthropology as a branch of anthropology whose subject matter is human culture. It studies the history, evolution and development of culture. Culture implies the shared customs, morals, norms, traditions, values, beliefs, signs, symbols, language, religion, science, literature, etc. of a group. Cultural Anthropology is divided into two subcategories:
Prehistoric Archaeology
Social Anthropology
Key Differences Between Sociology and Anthropology
The difference between sociology and anthropology can be drawn clearly on the following grounds:
Sociology refers to a social science which studies society, its structure, the pattern of relationship, interactions, etc. of day to day life. On the contrary, Anthropology is a social science which studies of human beings, with respect to their origin, development and behaviour.
Sociology is concerned with the people living in interdependence, i.e. the society. Conversely, anthropology deals with human beings and their ancestors, as to how they evolved, how they adapt themselves, how they interact with each other and how they differ from other species.
While sociologist studies the behaviour of humans, with respect to the causes and consequences at a group level or societal level, anthropology studies the same at the individual level.
Sociology aims at removing the social issues, through policies. On the other hand, the primary aim of anthropology is to know about human diversity and cultural difference.
Sociology studies both preliterates and literates, i.e. modern and ancient societies. As against, Anthropology studies only preliterates, i.e. uncivilized, ancient and primitive society. Here preliterate denotes a society or culture that has not developed the use of writing as a medium of communication.
Sociologists use both qualitative and quantitative method for research purposes. In contrast, anthropologists use only qualitative method.
Conclusion
ReplyDeleteIn a nutshell, anthropology is the study of a ‘man’. It studies all aspects and characteristics of human beings, including sociology of the ancestors. On the other hand, in sociology, we study patterned and shared behaviour of human beings, and their social lives, social change, social mobility etc.
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