Geoffrey Cupit
- Published in print:
- 1999
- Published Online:
- October 2011
- ISBN:
- 9780198238621
- eISBN:
- 9780191679698
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198238621.001.0001
- Subject:
- Philosophy, Political Philosophy
This book puts forward an original theory of the nature of justice. It maintains that injustice is to be understood as a form of unfitting treatment — typically the treatment of people as less than ...
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This book puts forward an original theory of the nature of justice. It maintains that injustice is to be understood as a form of unfitting treatment — typically the treatment of people as less than they are. Justice is therefore closely related to unjustified contempt and disrespect, and ultimately to desert. This book offers a discussion of what is at issue when people take differing views on what justice requires. It demonstrates that the language of desert provides a suitable idiom in which to address substantive questions of justice, and shows why acting justly may require respect for differing entitlements, contributions, and needs. In the course of the book many important issues in moral and political philosophy are illuminated. The book looks at the nature of the obligation to keep a promise, explains how requests can generate reasons for action, and suggests a new approach to solving the problem of political obligation.Less
This book puts forward an original theory of the nature of justice. It maintains that injustice is to be understood as a form of unfitting treatment — typically the treatment of people as less than they are. Justice is therefore closely related to unjustified contempt and disrespect, and ultimately to desert. This book offers a discussion of what is at issue when people take differing views on what justice requires. It demonstrates that the language of desert provides a suitable idiom in which to address substantive questions of justice, and shows why acting justly may require respect for differing entitlements, contributions, and needs. In the course of the book many important issues in moral and political philosophy are illuminated. The book looks at the nature of the obligation to keep a promise, explains how requests can generate reasons for action, and suggests a new approach to solving the problem of political obligation.
Alfred Denning
- Published in print:
- 1980
- Published Online:
- March 2012
- ISBN:
- 9780406176080
- eISBN:
- 9780191705113
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780406176080.001.0001
- Subject:
- Law, Constitutional and Administrative Law
Two central themes run through this book. The first is the workings of the various ‘measures authorised by the law so as to keep the streams of justice pure’ — that is to say, contempt of court, ...
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Two central themes run through this book. The first is the workings of the various ‘measures authorised by the law so as to keep the streams of justice pure’ — that is to say, contempt of court, judicial inquiries, and powers of arrest and search. The second is the recent development of family law, focusing particularly on Lord Denning's contribution to the law of husband and wife. These broad themes are elaborated through a discussion of Lord Denning's own judgments and opinions on a wide range of topics.Less
Two central themes run through this book. The first is the workings of the various ‘measures authorised by the law so as to keep the streams of justice pure’ — that is to say, contempt of court, judicial inquiries, and powers of arrest and search. The second is the recent development of family law, focusing particularly on Lord Denning's contribution to the law of husband and wife. These broad themes are elaborated through a discussion of Lord Denning's own judgments and opinions on a wide range of topics.
Lord Denning
- Published in print:
- 1980
- Published Online:
- March 2012
- ISBN:
- 9780406176080
- eISBN:
- 9780191705113
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780406176080.003.0001
- Subject:
- Law, Constitutional and Administrative Law
This chapter discusses many important developments in the law of contempt of court. Previously to the events discussed in this chapter there had been no recourse to the Court of Appeal. All the ...
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This chapter discusses many important developments in the law of contempt of court. Previously to the events discussed in this chapter there had been no recourse to the Court of Appeal. All the decisions were by courts of the first instance. It was only in 1960 that an appeal was first given. So it has been the function of the Court of Appeal to enunciate the principles — save for one case which went to the House of Lords, the Thalidomide case. The cases are worth the attention of lawyers — for the sake of the principles involved — but are even more worthy of the interest of the laymen — for the sake of the stories they tell. This account has been divided into various chapters that follow. Each considers a different facet of the single diamond.Less
This chapter discusses many important developments in the law of contempt of court. Previously to the events discussed in this chapter there had been no recourse to the Court of Appeal. All the decisions were by courts of the first instance. It was only in 1960 that an appeal was first given. So it has been the function of the Court of Appeal to enunciate the principles — save for one case which went to the House of Lords, the Thalidomide case. The cases are worth the attention of lawyers — for the sake of the principles involved — but are even more worthy of the interest of the laymen — for the sake of the stories they tell. This account has been divided into various chapters that follow. Each considers a different facet of the single diamond.
Lord Denning
- Published in print:
- 1980
- Published Online:
- March 2012
- ISBN:
- 9780406176080
- eISBN:
- 9780191705113
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780406176080.003.0008
- Subject:
- Law, Constitutional and Administrative Law
The process of contempt of court is designed to secure that every person has a fair trial. It is a procedure by which the court condemns any conduct which tends to prejudice a fair trial. The present ...
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The process of contempt of court is designed to secure that every person has a fair trial. It is a procedure by which the court condemns any conduct which tends to prejudice a fair trial. The present tendency is to say that the process should be left in the hands of the Attorney-General: that he is the person who should decide whether it should be invóked or not. It is no doubt proper for any complaint to be laid before the Attorney-General so that he may, if he thinks fit, institute proceedings for contempt. But it should not be exclusively in his hands. Some cases wear a political complexion. The Attorney-General may be reluctant to take proceedings for fear of repercussions affecting his party. So the courts should be able to take steps at the instance of anyone who has a sufficient interest in the matter.Less
The process of contempt of court is designed to secure that every person has a fair trial. It is a procedure by which the court condemns any conduct which tends to prejudice a fair trial. The present tendency is to say that the process should be left in the hands of the Attorney-General: that he is the person who should decide whether it should be invóked or not. It is no doubt proper for any complaint to be laid before the Attorney-General so that he may, if he thinks fit, institute proceedings for contempt. But it should not be exclusively in his hands. Some cases wear a political complexion. The Attorney-General may be reluctant to take proceedings for fear of repercussions affecting his party. So the courts should be able to take steps at the instance of anyone who has a sufficient interest in the matter.
William McKay and Charles W. Johnson
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199273621
- eISBN:
- 9780191594281
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199273621.003.0010
- Subject:
- Political Science, American Politics, UK Politics
Privilege allows parliamentarians to perform their public duties without interference. The Commons uses its powers only when absolutely necessary for its defence. Freedom of speech protects Members ...
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Privilege allows parliamentarians to perform their public duties without interference. The Commons uses its powers only when absolutely necessary for its defence. Freedom of speech protects Members and others against being accountable at law for things said in ‘proceedings in Parliament’, a term not comprehending everything said in Parliament or done by a Member as such. The phrase is susceptible of interpretation in court. Contempt, which protects against obstruction, is vague and needs definition. This also describes Congress and its Members. Further, ‘Privilege’ there connotes assertions of some House and individual prerogatives which supersede ordinary business. The term does not describe merely business conducted pursuant to constitutional legislative enumeration. ‘Privileged business’ means business priorities under standing rules, outranked by ‘questions of privilege’ of more immediate institutional concern. Specific civil or criminal contempts are litigated in court. Impeachments as remedies for removal of executive or judicial officials involve unique procedural prerogatives.Less
Privilege allows parliamentarians to perform their public duties without interference. The Commons uses its powers only when absolutely necessary for its defence. Freedom of speech protects Members and others against being accountable at law for things said in ‘proceedings in Parliament’, a term not comprehending everything said in Parliament or done by a Member as such. The phrase is susceptible of interpretation in court. Contempt, which protects against obstruction, is vague and needs definition. This also describes Congress and its Members. Further, ‘Privilege’ there connotes assertions of some House and individual prerogatives which supersede ordinary business. The term does not describe merely business conducted pursuant to constitutional legislative enumeration. ‘Privileged business’ means business priorities under standing rules, outranked by ‘questions of privilege’ of more immediate institutional concern. Specific civil or criminal contempts are litigated in court. Impeachments as remedies for removal of executive or judicial officials involve unique procedural prerogatives.
Eric Barendt
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199532711
- eISBN:
- 9780191705489
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199532711.003.0041
- Subject:
- Law, Legal History
In comparison with its rich libel jurisprudence, the House has given relatively few rulings on the protection of personal privacy. Only five years ago it refused to recognise a common law privacy ...
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In comparison with its rich libel jurisprudence, the House has given relatively few rulings on the protection of personal privacy. Only five years ago it refused to recognise a common law privacy tort, holding in Wainwright v Home Office that it would be inappropriate for the courts to formulate a broad right of uncertain scope. But the law of confidentiality has been developed to protect personal (and official) information against disclosure by the media. This chapter discusses this topic and then looks at contempt of court and the open justice principle, where the House of Lords has been inconsistent in the weight it attaches to freedom of speech and of the press.Less
In comparison with its rich libel jurisprudence, the House has given relatively few rulings on the protection of personal privacy. Only five years ago it refused to recognise a common law privacy tort, holding in Wainwright v Home Office that it would be inappropriate for the courts to formulate a broad right of uncertain scope. But the law of confidentiality has been developed to protect personal (and official) information against disclosure by the media. This chapter discusses this topic and then looks at contempt of court and the open justice principle, where the House of Lords has been inconsistent in the weight it attaches to freedom of speech and of the press.
A.G. Noorani
- Published in print:
- 2006
- Published Online:
- October 2012
- ISBN:
- 9780195678291
- eISBN:
- 9780199080588
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195678291.003.0007
- Subject:
- Law, Constitutional and Administrative Law
This chapter focuses on the Supreme Court's arbitrary use of its contempt power as shown in its judgment on the case of contempt against Arundhati Roy. In the last decade and a half, the Supreme ...
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This chapter focuses on the Supreme Court's arbitrary use of its contempt power as shown in its judgment on the case of contempt against Arundhati Roy. In the last decade and a half, the Supreme Court has shown a touchiness that is unbecoming in the highest court in the land, a selectivity in the application of the law, a total indifference to the limits of its power and, with it, a cavalier disregard for the citizen's rights when charged with contempt. This is most unfortunate in a court which the Constitution not only empowers and enjoins to enforce the fundamental rights, but makes this right of the citizen to move the court itself a fundamental right (Article 32).Less
This chapter focuses on the Supreme Court's arbitrary use of its contempt power as shown in its judgment on the case of contempt against Arundhati Roy. In the last decade and a half, the Supreme Court has shown a touchiness that is unbecoming in the highest court in the land, a selectivity in the application of the law, a total indifference to the limits of its power and, with it, a cavalier disregard for the citizen's rights when charged with contempt. This is most unfortunate in a court which the Constitution not only empowers and enjoins to enforce the fundamental rights, but makes this right of the citizen to move the court itself a fundamental right (Article 32).
Anthony King
- Published in print:
- 2009
- Published Online:
- October 2011
- ISBN:
- 9780199576982
- eISBN:
- 9780191702235
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199576982.003.0007
- Subject:
- Political Science, UK Politics
This chapter presents a debate on whether local government was a good thing or a bad thing. Local government had few detractors but many admirers, most of whom saw it as reflecting a distinctively ...
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This chapter presents a debate on whether local government was a good thing or a bad thing. Local government had few detractors but many admirers, most of whom saw it as reflecting a distinctively British value of local pride and initiative. Inconsistency, duplicity, inefficiency, friction, costlines, mutual contempt and loathing, unpredictability, and changing were among the characteristics of local government that were believed by the party that was against it.Less
This chapter presents a debate on whether local government was a good thing or a bad thing. Local government had few detractors but many admirers, most of whom saw it as reflecting a distinctively British value of local pride and initiative. Inconsistency, duplicity, inefficiency, friction, costlines, mutual contempt and loathing, unpredictability, and changing were among the characteristics of local government that were believed by the party that was against it.
Ingmar Persson
- Published in print:
- 2005
- Published Online:
- February 2006
- ISBN:
- 9780199276905
- eISBN:
- 9780191603198
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199276900.003.0007
- Subject:
- Philosophy, General
The chief purpose of this chapter is to provide a classification of types of emotion which will be of use for the discussion of responsibility in part V. The classes of emotions which are of ...
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The chief purpose of this chapter is to provide a classification of types of emotion which will be of use for the discussion of responsibility in part V. The classes of emotions which are of particular relevance for this discussion are ‘agent-oriented’ emotions, such as anger, gratitude, remorse, and feelings of guilt, and ‘comparative’ emotions, like pride, shame, admiration and contempt. These emotions all involve taking someone to be an original or ultimate cause of something in an epistemic sense of a cause which is not in its turn taken to be caused by something else. It will be seen that this link is something these emotions share with the concept of desert.Less
The chief purpose of this chapter is to provide a classification of types of emotion which will be of use for the discussion of responsibility in part V. The classes of emotions which are of particular relevance for this discussion are ‘agent-oriented’ emotions, such as anger, gratitude, remorse, and feelings of guilt, and ‘comparative’ emotions, like pride, shame, admiration and contempt. These emotions all involve taking someone to be an original or ultimate cause of something in an epistemic sense of a cause which is not in its turn taken to be caused by something else. It will be seen that this link is something these emotions share with the concept of desert.
Lawrence McNamara
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199231454
- eISBN:
- 9780191710858
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199231454.003.0006
- Subject:
- Law, Law of Obligations
This chapter evaluates the manner and extent to which reputation is protected under modern common law. Section I looks at the place moral judgment has occupied in the principal test for what is ...
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This chapter evaluates the manner and extent to which reputation is protected under modern common law. Section I looks at the place moral judgment has occupied in the principal test for what is defamatory. By examining the actionability of particular imputations and general statements of legal principle, it is possible to see how the legal standard of judgment gradually acquired a particular content, that being the traditional values of Christian morality. Section II addresses the quantitative dimension of diversity and it is suggested that the American ‘sectional standards’ test is to be preferred to the Anglo-Australian law that looks to the ‘general standards’ of the community. Section III moves to the substance of the views held in a jurisdiction. It looks at how qualitative distinctions have been drawn between different moral taxonomies to limit the legal protection of reputation in particular ways. Here, it is suggested that determinations of defamatory capacity depend upon processes of ‘ethical recognition’ of criteria for moral judgment.Less
This chapter evaluates the manner and extent to which reputation is protected under modern common law. Section I looks at the place moral judgment has occupied in the principal test for what is defamatory. By examining the actionability of particular imputations and general statements of legal principle, it is possible to see how the legal standard of judgment gradually acquired a particular content, that being the traditional values of Christian morality. Section II addresses the quantitative dimension of diversity and it is suggested that the American ‘sectional standards’ test is to be preferred to the Anglo-Australian law that looks to the ‘general standards’ of the community. Section III moves to the substance of the views held in a jurisdiction. It looks at how qualitative distinctions have been drawn between different moral taxonomies to limit the legal protection of reputation in particular ways. Here, it is suggested that determinations of defamatory capacity depend upon processes of ‘ethical recognition’ of criteria for moral judgment.
Lawrence McNamara
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199231454
- eISBN:
- 9780191710858
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199231454.003.0008
- Subject:
- Law, Law of Obligations
This chapter examines how a publication is actionable under the ridicule test, and the extent to which the test protects reputation. The formation of the test from 1680-1936 shows no clear sense of ...
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This chapter examines how a publication is actionable under the ridicule test, and the extent to which the test protects reputation. The formation of the test from 1680-1936 shows no clear sense of why or in what circumstances ridicule could be the basis for a defamation action, even as the test came to have a wide scope and much room for flexibility in its application. In 1936, the American courts attempted to discern and articulate some rationale for the test Burton v Crowell. This marked an expansion of the law as publications would be actionable when they damaged a plaintiff's sense of self-worth regardless of whether their reputation was affected, and this became a settled part of the law in the later 20th century. The chapter argues that the flaws, exhibited most markedly where satire is concerned, require that the test be disposed of.Less
This chapter examines how a publication is actionable under the ridicule test, and the extent to which the test protects reputation. The formation of the test from 1680-1936 shows no clear sense of why or in what circumstances ridicule could be the basis for a defamation action, even as the test came to have a wide scope and much room for flexibility in its application. In 1936, the American courts attempted to discern and articulate some rationale for the test Burton v Crowell. This marked an expansion of the law as publications would be actionable when they damaged a plaintiff's sense of self-worth regardless of whether their reputation was affected, and this became a settled part of the law in the later 20th century. The chapter argues that the flaws, exhibited most markedly where satire is concerned, require that the test be disposed of.
Macalester Bell
- Published in print:
- 2013
- Published Online:
- May 2013
- ISBN:
- 9780199794140
- eISBN:
- 9780199332625
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199794140.001.0001
- Subject:
- Philosophy, Philosophy of Mind
Contempt is often derided as a thoroughly nasty emotion inimical to the respect we owe all persons, but ethicists have said little about what contempt is or whether it deserves its ugly reputation. ...
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Contempt is often derided as a thoroughly nasty emotion inimical to the respect we owe all persons, but ethicists have said little about what contempt is or whether it deserves its ugly reputation. In Hard Feelings: The Moral Psychology of Contempt, Macalester Bell argues that we must reconsider contempt’s role in our moral lives. While contempt can be experienced in inapt and disvaluable ways, it may also be a perfectly appropriate response that provides the best way of answering a range of neglected faults. Using a wide range of examples, Bell provides an account of the nature of contempt and its virtues and vices. While some insist that contempt is always unfitting due to its globalism, Bell argues that this objection mischaracterizes the person assessments at the heart of contempt. Contempt is, in some cases, the best way to respond to arrogance, hypocrisy, and other vices of superiority. Contempt does have a dark side, and inapt forms of contempt structure a host of social ills. Racism is best characterized as an especially pernicious form of inapt contempt, and Bell’s account of contempt helps us better understand the moral badness of racism. Race-based contempt is best answered by mobilizing a robust counter-contempt for racists and others who contemn inaptly. The book concludes with a discussion of overcoming contempt through forgiveness. This account of forgiveness sheds light upon the broader issue of social reconciliation and what role reparations and memorials may play in giving persons reasons to overcome their contempt for institutions.Less
Contempt is often derided as a thoroughly nasty emotion inimical to the respect we owe all persons, but ethicists have said little about what contempt is or whether it deserves its ugly reputation. In Hard Feelings: The Moral Psychology of Contempt, Macalester Bell argues that we must reconsider contempt’s role in our moral lives. While contempt can be experienced in inapt and disvaluable ways, it may also be a perfectly appropriate response that provides the best way of answering a range of neglected faults. Using a wide range of examples, Bell provides an account of the nature of contempt and its virtues and vices. While some insist that contempt is always unfitting due to its globalism, Bell argues that this objection mischaracterizes the person assessments at the heart of contempt. Contempt is, in some cases, the best way to respond to arrogance, hypocrisy, and other vices of superiority. Contempt does have a dark side, and inapt forms of contempt structure a host of social ills. Racism is best characterized as an especially pernicious form of inapt contempt, and Bell’s account of contempt helps us better understand the moral badness of racism. Race-based contempt is best answered by mobilizing a robust counter-contempt for racists and others who contemn inaptly. The book concludes with a discussion of overcoming contempt through forgiveness. This account of forgiveness sheds light upon the broader issue of social reconciliation and what role reparations and memorials may play in giving persons reasons to overcome their contempt for institutions.
ERIC BARENDT
- Published in print:
- 2007
- Published Online:
- January 2010
- ISBN:
- 9780199225811
- eISBN:
- 9780191714139
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199225811.003.0004
- Subject:
- Law, Human Rights and Immigration
It is a commonplace observation that the law regards, and is right to regard, prior restraints on speech and writing with particular hostility. One fundamental question is whether the differences ...
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It is a commonplace observation that the law regards, and is right to regard, prior restraints on speech and writing with particular hostility. One fundamental question is whether the differences between prior restraints and penal sanctions imposed subsequent to publication are sufficiently serious to justify the traditional hostility to the former shown in American jurisprudence and reflected, to some extent, in European legal provisions such as the German Basic Law. A related question is whether all forms of prior restraint should be subject to the same degree of suspicion or hostility. This chapter examines issues related to prior restraints as well as the censorship of plays, films, and video, the use of prior restraints to prohibit the disclosure of official secrets and other confidential information, and the role of these restraints in contempt of court and the allocation of permits to hold public meetings. The chapter concludes by discussing whether the law should be equally critical of private censorship.Less
It is a commonplace observation that the law regards, and is right to regard, prior restraints on speech and writing with particular hostility. One fundamental question is whether the differences between prior restraints and penal sanctions imposed subsequent to publication are sufficiently serious to justify the traditional hostility to the former shown in American jurisprudence and reflected, to some extent, in European legal provisions such as the German Basic Law. A related question is whether all forms of prior restraint should be subject to the same degree of suspicion or hostility. This chapter examines issues related to prior restraints as well as the censorship of plays, films, and video, the use of prior restraints to prohibit the disclosure of official secrets and other confidential information, and the role of these restraints in contempt of court and the allocation of permits to hold public meetings. The chapter concludes by discussing whether the law should be equally critical of private censorship.
Kenneth McK Norrie
- Published in print:
- 2011
- Published Online:
- September 2015
- ISBN:
- 9781845861193
- eISBN:
- 9781474406246
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781845861193.003.0041
- Subject:
- Law, Family Law
Discusses a case in which, after years of defying court orders to allow her ex-partner contact with his child, the court eventually lost patience and jailed the mother for contempt of court. Also ...
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Discusses a case in which, after years of defying court orders to allow her ex-partner contact with his child, the court eventually lost patience and jailed the mother for contempt of court. Also discusses (and criticises) the new rules in the Sexual Offences (Scotland) Act 2009 and suggests that the legislature would have been better to adopt the suggestion of the Scottish Law Commission and decriminalise sexual activity between young people when they were both under age. Finally, this commentary suggests (in 2009) that, given international developments, the Scottish Parliament will sooner or later have to address the question of opening marriage to same-sex couples.Less
Discusses a case in which, after years of defying court orders to allow her ex-partner contact with his child, the court eventually lost patience and jailed the mother for contempt of court. Also discusses (and criticises) the new rules in the Sexual Offences (Scotland) Act 2009 and suggests that the legislature would have been better to adopt the suggestion of the Scottish Law Commission and decriminalise sexual activity between young people when they were both under age. Finally, this commentary suggests (in 2009) that, given international developments, the Scottish Parliament will sooner or later have to address the question of opening marriage to same-sex couples.
Christy Constantakopoulou
- Published in print:
- 2007
- Published Online:
- January 2010
- ISBN:
- 9780199215959
- eISBN:
- 9780191706868
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199215959.003.0004
- Subject:
- Classical Studies, World History: BCE to 500CE
This chapter argues that Athenian control over the Aegean transformed the very concept of insularity. Athenian attempts at justification of their control over the Aegean islands resulted in ...
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This chapter argues that Athenian control over the Aegean transformed the very concept of insularity. Athenian attempts at justification of their control over the Aegean islands resulted in projections of such control onto the mythical past. The lists of thalassocratic powers, which we know from Diodorus' lost seventh book, originated in the 5th century. Such lists show that control of islands became an essential element for any power that had claims to thalassocracy in the past. Imperial control also generated a series of other images that became synonymous with insularity. Islands were portrayed as ‘weak’ and therefore prone to control, ‘poor’ (especially Seriphos), ‘dangerous’, or ‘safe’. These images generated contempt for islands, which is evident in 5th-century sources, and more particularly, tragedy. The understanding of insularity as a well-defined place also resulted in islands being ‘netted’ or used as exile by an outside power.Less
This chapter argues that Athenian control over the Aegean transformed the very concept of insularity. Athenian attempts at justification of their control over the Aegean islands resulted in projections of such control onto the mythical past. The lists of thalassocratic powers, which we know from Diodorus' lost seventh book, originated in the 5th century. Such lists show that control of islands became an essential element for any power that had claims to thalassocracy in the past. Imperial control also generated a series of other images that became synonymous with insularity. Islands were portrayed as ‘weak’ and therefore prone to control, ‘poor’ (especially Seriphos), ‘dangerous’, or ‘safe’. These images generated contempt for islands, which is evident in 5th-century sources, and more particularly, tragedy. The understanding of insularity as a well-defined place also resulted in islands being ‘netted’ or used as exile by an outside power.
Shawn Francis Peters
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199827855
- eISBN:
- 9780199950140
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199827855.003.0011
- Subject:
- Religion, Religion and Society
When lawyers represented activists like the Catonsville Nine in court, Berrigan expected them to take a page from the playbook of the nonviolent revolutionaries they were defending. Their goal should ...
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When lawyers represented activists like the Catonsville Nine in court, Berrigan expected them to take a page from the playbook of the nonviolent revolutionaries they were defending. Their goal should be “the embarrassment and exposure of illegitimate power.” This entailed acknowledging from the outset that trials of political activists were little more than charades. “There is no good reason why lawyers defending an antiwar case can't realize that a guilty verdict has been passed before the trial begins and that they are morally obligated to dramatize such a colossal effrontery to justice,” he argued. Taking such extraordinary actions was imperative, even if it meant jeopardizing their professional respectability. “There is no good reason,” Berrigan insisted, “why there should not be as many lawyers in jail for contempt of court as there are young men imprisoned for draft resistance.”Less
When lawyers represented activists like the Catonsville Nine in court, Berrigan expected them to take a page from the playbook of the nonviolent revolutionaries they were defending. Their goal should be “the embarrassment and exposure of illegitimate power.” This entailed acknowledging from the outset that trials of political activists were little more than charades. “There is no good reason why lawyers defending an antiwar case can't realize that a guilty verdict has been passed before the trial begins and that they are morally obligated to dramatize such a colossal effrontery to justice,” he argued. Taking such extraordinary actions was imperative, even if it meant jeopardizing their professional respectability. “There is no good reason,” Berrigan insisted, “why there should not be as many lawyers in jail for contempt of court as there are young men imprisoned for draft resistance.”
ERIC BARENDT
- Published in print:
- 2007
- Published Online:
- January 2010
- ISBN:
- 9780199225811
- eISBN:
- 9780191714139
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199225811.003.0009
- Subject:
- Law, Human Rights and Immigration
Powerful private institutions, such as the press and other media, should respect fundamental constitutional rights such as the right to a fair trial, a perspective which may require the courts to ...
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Powerful private institutions, such as the press and other media, should respect fundamental constitutional rights such as the right to a fair trial, a perspective which may require the courts to balance that right against freedom of speech and of the press. On that approach, it makes sense to refer to a conflict between two fundamental rights, the weight of which must be assessed in the context of the particular facts. This chapter discusses two types of contempt of court that clearly raise major free expression issues: attacks on the judiciary and publications that are thought likely to prejudice the fairness of future legal proceedings, particularly criminal trials. The open justice principle, under which the press and public are free to attend and report court proceedings, is also considered. Among other issues, it raises the question of whether freedom of speech entails rights of access to attend, and to film and broadcast, legal proceedings.Less
Powerful private institutions, such as the press and other media, should respect fundamental constitutional rights such as the right to a fair trial, a perspective which may require the courts to balance that right against freedom of speech and of the press. On that approach, it makes sense to refer to a conflict between two fundamental rights, the weight of which must be assessed in the context of the particular facts. This chapter discusses two types of contempt of court that clearly raise major free expression issues: attacks on the judiciary and publications that are thought likely to prejudice the fairness of future legal proceedings, particularly criminal trials. The open justice principle, under which the press and public are free to attend and report court proceedings, is also considered. Among other issues, it raises the question of whether freedom of speech entails rights of access to attend, and to film and broadcast, legal proceedings.
DAVID CLARK and GERARD McCOY
- Published in print:
- 2000
- Published Online:
- January 2010
- ISBN:
- 9780198265849
- eISBN:
- 9780191715280
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198265849.003.0009
- Subject:
- Law, Human Rights and Immigration, Philosophy of Law
The penal jurisdictions of modern legislatures include powers to summon persons, to examine them on oath, fine them, and even detain them for disobedience to legislative orders. These contempt powers ...
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The penal jurisdictions of modern legislatures include powers to summon persons, to examine them on oath, fine them, and even detain them for disobedience to legislative orders. These contempt powers have origins deep in England’s parliamentary history and are connected with the long struggle by the country’s parliament to establish its autonomy and, ultimately, its supremacy over the executive. In order to understand the relationship between the powers of parliament and the remedy of habeas corpus it is first necessary to understand these historical origins and the theory upon which parliamentary powers were based. The British position that the parliament is beyond the reach of judicial review was based on the theory that it was a superior court and as such could not be reviewed. This theory was abandoned in the 19th century, and replaced by an immunity from review based on political necessity and, more importantly, on the understandable desire to avoid clashes between the legislature and the courts. This chapter also discusses issues related to contempt in the British colonies and the procedural implications of constitutional review.Less
The penal jurisdictions of modern legislatures include powers to summon persons, to examine them on oath, fine them, and even detain them for disobedience to legislative orders. These contempt powers have origins deep in England’s parliamentary history and are connected with the long struggle by the country’s parliament to establish its autonomy and, ultimately, its supremacy over the executive. In order to understand the relationship between the powers of parliament and the remedy of habeas corpus it is first necessary to understand these historical origins and the theory upon which parliamentary powers were based. The British position that the parliament is beyond the reach of judicial review was based on the theory that it was a superior court and as such could not be reviewed. This theory was abandoned in the 19th century, and replaced by an immunity from review based on political necessity and, more importantly, on the understandable desire to avoid clashes between the legislature and the courts. This chapter also discusses issues related to contempt in the British colonies and the procedural implications of constitutional review.
Sheriff T Welsh QC
- Published in print:
- 2010
- Published Online:
- March 2012
- ISBN:
- 9780748640706
- eISBN:
- 9780748651450
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748640706.003.0029
- Subject:
- Law, Criminal Law and Criminology
This chapter discusses the summary jurisdiction of the court to punish for contempt of court in Scotland. It addresses four areas. First, it says something about the nature of the power and the ...
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This chapter discusses the summary jurisdiction of the court to punish for contempt of court in Scotland. It addresses four areas. First, it says something about the nature of the power and the history of the jurisdiction. Second, it briefly examines how this power and jurisdiction appears from the perspective of a lawyer studying our legal system from outwith the common law world, specifically from a European or civilian point of view. Third, it goes on to consider the recent significant judicial review of the common law power by the European Court of Human Rights which occurred in the case of Kyprianou v Cyprus, where the court, at first instance, was comprised largely of judges from the civilian tradition. Finally, it considers how the summary jurisdiction has adapted here in Scotland to scrutiny from outside, and poses the question of whether the power and jurisdiction can survive future scrutiny from outwith our system, especially from the European Court of Human Rights. It makes some reference to how other legal systems have dealt with the summary jurisdiction to punish for in facie contempt.Less
This chapter discusses the summary jurisdiction of the court to punish for contempt of court in Scotland. It addresses four areas. First, it says something about the nature of the power and the history of the jurisdiction. Second, it briefly examines how this power and jurisdiction appears from the perspective of a lawyer studying our legal system from outwith the common law world, specifically from a European or civilian point of view. Third, it goes on to consider the recent significant judicial review of the common law power by the European Court of Human Rights which occurred in the case of Kyprianou v Cyprus, where the court, at first instance, was comprised largely of judges from the civilian tradition. Finally, it considers how the summary jurisdiction has adapted here in Scotland to scrutiny from outside, and poses the question of whether the power and jurisdiction can survive future scrutiny from outwith our system, especially from the European Court of Human Rights. It makes some reference to how other legal systems have dealt with the summary jurisdiction to punish for in facie contempt.
Lord Denning
- Published in print:
- 1980
- Published Online:
- March 2012
- ISBN:
- 9780406176080
- eISBN:
- 9780191705113
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780406176080.003.0002
- Subject:
- Law, Constitutional and Administrative Law
It is an old phrase — ‘contempt in the face of the court’. It means a contempt which the judge sees with his own eyes: so that he needs no evidence of witnesses. He can deal with it himself at once. ...
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It is an old phrase — ‘contempt in the face of the court’. It means a contempt which the judge sees with his own eyes: so that he needs no evidence of witnesses. He can deal with it himself at once. This chapter discusses the first case in which the Court of Appeal had to consider ‘contempt in the face of the court’. In this case, eleven young students had been sentenced to prison, each for three months. They were all from the University of Aberystwyth and were imbued with Welsh fervour. Although, appeals are always heard within a day or two, this case is a good instance in which the judge acted with a firmness which was becoming of him. As it happened, he went too far. That is no reproach to him. It only shows the wisdom of having an appeal.Less
It is an old phrase — ‘contempt in the face of the court’. It means a contempt which the judge sees with his own eyes: so that he needs no evidence of witnesses. He can deal with it himself at once. This chapter discusses the first case in which the Court of Appeal had to consider ‘contempt in the face of the court’. In this case, eleven young students had been sentenced to prison, each for three months. They were all from the University of Aberystwyth and were imbued with Welsh fervour. Although, appeals are always heard within a day or two, this case is a good instance in which the judge acted with a firmness which was becoming of him. As it happened, he went too far. That is no reproach to him. It only shows the wisdom of having an appeal.
