H. L. Ho
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199228300
- eISBN:
- 9780191711336
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199228300.001.0001
- Subject:
- Law, Philosophy of Law, Criminal Law and Criminology
The dominant approach to evaluating the law of evidence takes the standpoint of a detached observer and focuses on how the trial system should be structured to guard against the production of wrong ...
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The dominant approach to evaluating the law of evidence takes the standpoint of a detached observer and focuses on how the trial system should be structured to guard against the production of wrong verdicts. This book offers a different account from the perspective of the person responsible for making findings of fact. From that angle, complex and intertwining ethical and epistemic considerations come into view. After setting the stage with an introduction to general aspects of fact-finding and an analysis of the epistemology of trial deliberation, the two approaches are applied to three core areas of evidence law: the standards of proof, the rules on hearsay, and ‘similar facts’ (or, as it is also called, ‘previous misconduct’ or ‘other crimes, wrongs, or acts’). The author argues that it is only by exploring the nature and content of deliberative responsibility that the role and purpose of much of the law can be fully understood. In many cases, values other than truth have to be respected, not simply as side-constraints on, but as values which are internal to legal fact-finding. A party does not merely have a right to have the substantive law correctly applied to true findings of fact; she has, more broadly, a right to a just verdict, where justice incorporates an ethical evaluation of the reasoning process which led to the verdict and is conceived as a relational concept that stresses the virtue of emphatic care. There is an important sense in which the court must not only find the truth to do justice, it must do justice in finding the truth.Less
The dominant approach to evaluating the law of evidence takes the standpoint of a detached observer and focuses on how the trial system should be structured to guard against the production of wrong verdicts. This book offers a different account from the perspective of the person responsible for making findings of fact. From that angle, complex and intertwining ethical and epistemic considerations come into view. After setting the stage with an introduction to general aspects of fact-finding and an analysis of the epistemology of trial deliberation, the two approaches are applied to three core areas of evidence law: the standards of proof, the rules on hearsay, and ‘similar facts’ (or, as it is also called, ‘previous misconduct’ or ‘other crimes, wrongs, or acts’). The author argues that it is only by exploring the nature and content of deliberative responsibility that the role and purpose of much of the law can be fully understood. In many cases, values other than truth have to be respected, not simply as side-constraints on, but as values which are internal to legal fact-finding. A party does not merely have a right to have the substantive law correctly applied to true findings of fact; she has, more broadly, a right to a just verdict, where justice incorporates an ethical evaluation of the reasoning process which led to the verdict and is conceived as a relational concept that stresses the virtue of emphatic care. There is an important sense in which the court must not only find the truth to do justice, it must do justice in finding the truth.
Fred Campano and Dominick Salvatore
- Published in print:
- 2006
- Published Online:
- May 2006
- ISBN:
- 9780195300918
- eISBN:
- 9780199783441
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195300912.003.0010
- Subject:
- Economics and Finance, Development, Growth, and Environmental
This chapter examines the question of whether there is a connection between income distribution and the macro-economy. The debate surrounding Kuznets’ inverted ‘U-shaped’ hypothesis is explained. ...
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This chapter examines the question of whether there is a connection between income distribution and the macro-economy. The debate surrounding Kuznets’ inverted ‘U-shaped’ hypothesis is explained. Techniques for projecting income shares under the assumption of the ‘U-shaped’ hypothesis are demonstrated.Less
This chapter examines the question of whether there is a connection between income distribution and the macro-economy. The debate surrounding Kuznets’ inverted ‘U-shaped’ hypothesis is explained. Techniques for projecting income shares under the assumption of the ‘U-shaped’ hypothesis are demonstrated.
Cynthia B. Herrup
- Published in print:
- 2001
- Published Online:
- October 2011
- ISBN:
- 9780195139259
- eISBN:
- 9780199848966
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195139259.003.0004
- Subject:
- History, European Early Modern History
The most striking thing about the prosecution against the 2nd Earl of Castlehaven was the diversity of fears that the attorneys invoked in their presentations. The crimes of which the Earl was ...
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The most striking thing about the prosecution against the 2nd Earl of Castlehaven was the diversity of fears that the attorneys invoked in their presentations. The crimes of which the Earl was accused were capital, but not unpardonable, and, as it is seen, the case against him was not invulnerable. The arraignment of any prisoner, even an Earl, was a usual routine. Castlehaven was brought to them for punishment, but also to be made a palpable example of. No man could turn from God without endangering himself, his family, and his nation. Topics covered include Castlehaven and the responsibilities of manhood, Castlehaven and the honor of the peerage, and Castlehaven and the duties of an English subject.Less
The most striking thing about the prosecution against the 2nd Earl of Castlehaven was the diversity of fears that the attorneys invoked in their presentations. The crimes of which the Earl was accused were capital, but not unpardonable, and, as it is seen, the case against him was not invulnerable. The arraignment of any prisoner, even an Earl, was a usual routine. Castlehaven was brought to them for punishment, but also to be made a palpable example of. No man could turn from God without endangering himself, his family, and his nation. Topics covered include Castlehaven and the responsibilities of manhood, Castlehaven and the honor of the peerage, and Castlehaven and the duties of an English subject.
Paul E. Johnson and Sean Wilentz
- Published in print:
- 1995
- Published Online:
- September 2011
- ISBN:
- 9780195098358
- eISBN:
- 9780199854134
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195098358.003.0006
- Subject:
- History, American History: 19th Century
This section provides details of the aftermath of the Prophet Matthias's incarceration and conveys various newspapers' accounts at the outcome of Matthias's trial. It reports that Matthias's ...
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This section provides details of the aftermath of the Prophet Matthias's incarceration and conveys various newspapers' accounts at the outcome of Matthias's trial. It reports that Matthias's testimony plainly showed that, at the very least, the prophet's neglect had accelerated Elijah Pierson's death, which surely called for a sterner verdict than the one the jury had handed out. The chapter expresses one editor's remarks that Matthias would be out of jail “to propagate his impious doctrine and prey upon the credulous and timid.” It further expresses the outrage of a pamphleteer who, writing on behalf of The Sun, published a history of the cult “as a warning beacon to our fellow citizens against the impositions and delusions, arrayed as angels of light, by which others have been betrayed.”Less
This section provides details of the aftermath of the Prophet Matthias's incarceration and conveys various newspapers' accounts at the outcome of Matthias's trial. It reports that Matthias's testimony plainly showed that, at the very least, the prophet's neglect had accelerated Elijah Pierson's death, which surely called for a sterner verdict than the one the jury had handed out. The chapter expresses one editor's remarks that Matthias would be out of jail “to propagate his impious doctrine and prey upon the credulous and timid.” It further expresses the outrage of a pamphleteer who, writing on behalf of The Sun, published a history of the cult “as a warning beacon to our fellow citizens against the impositions and delusions, arrayed as angels of light, by which others have been betrayed.”
Lillian Faderman
- Published in print:
- 2013
- Published Online:
- November 2015
- ISBN:
- 9780231163255
- eISBN:
- 9780231533249
- Item type:
- book
- Publisher:
- Columbia University Press
- DOI:
- 10.7312/columbia/9780231163255.001.0001
- Subject:
- Literature, Criticism/Theory
In 1810, a Scottish student named Jane Cumming accused her school mistresses, Jane Pirie and Marianne Woods, of having an affair in the presence of their students. Dame Helen Cumming Gordon, the ...
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In 1810, a Scottish student named Jane Cumming accused her school mistresses, Jane Pirie and Marianne Woods, of having an affair in the presence of their students. Dame Helen Cumming Gordon, the wealthy and powerful grandmother of the accusing student, advised her friends to remove their daughters from the Drumsheugh boarding school. Within days, the institution was deserted and the two women were deprived of their livelihoods. This book recreates the events surrounding this notorious case, which became the basis for Lillian Hellman's famous play, The Children's Hour. Reconstructing the libel suit filed by Pirie and Woods—which resulted in a scotch verdict, or a verdict of inconclusive/not proven—the book builds a compelling narrative from court transcripts, judges' notes, witnesses' contradictory testimony, and the prejudices of the men presiding over the case. The book documents the social, economic, and sexual pressures shaping the lives of nineteenth-century women and the issues of class and gender contributing to their marginalization.Less
In 1810, a Scottish student named Jane Cumming accused her school mistresses, Jane Pirie and Marianne Woods, of having an affair in the presence of their students. Dame Helen Cumming Gordon, the wealthy and powerful grandmother of the accusing student, advised her friends to remove their daughters from the Drumsheugh boarding school. Within days, the institution was deserted and the two women were deprived of their livelihoods. This book recreates the events surrounding this notorious case, which became the basis for Lillian Hellman's famous play, The Children's Hour. Reconstructing the libel suit filed by Pirie and Woods—which resulted in a scotch verdict, or a verdict of inconclusive/not proven—the book builds a compelling narrative from court transcripts, judges' notes, witnesses' contradictory testimony, and the prejudices of the men presiding over the case. The book documents the social, economic, and sexual pressures shaping the lives of nineteenth-century women and the issues of class and gender contributing to their marginalization.
Daniel Givelber and Amy Farrell
- Published in print:
- 2012
- Published Online:
- March 2016
- ISBN:
- 9780814732175
- eISBN:
- 9780814725344
- Item type:
- book
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814732175.001.0001
- Subject:
- Sociology, Law, Crime and Deviance
As scores of death row inmates are exonerated by DNA evidence and innocence commissions are set up across the country, conviction of the innocent has become a well-recognized problem. But the U.S. ...
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As scores of death row inmates are exonerated by DNA evidence and innocence commissions are set up across the country, conviction of the innocent has become a well-recognized problem. But the U.S. justice system makes both kinds of errors—we acquit the guilty and convict the innocent—and exploring the reasons why people are acquitted can help us to evaluate the efficiency and fairness of the U.S. criminal justice system. This book provides a sustained examination and analysis of the factors that lead juries to find defendants “not guilty,” as well as the connection between those factors and the possibility of factual innocence, examining why some criminal trials result in not guilty verdicts and what those verdicts suggest about the accuracy of the U.S. criminal process.Less
As scores of death row inmates are exonerated by DNA evidence and innocence commissions are set up across the country, conviction of the innocent has become a well-recognized problem. But the U.S. justice system makes both kinds of errors—we acquit the guilty and convict the innocent—and exploring the reasons why people are acquitted can help us to evaluate the efficiency and fairness of the U.S. criminal justice system. This book provides a sustained examination and analysis of the factors that lead juries to find defendants “not guilty,” as well as the connection between those factors and the possibility of factual innocence, examining why some criminal trials result in not guilty verdicts and what those verdicts suggest about the accuracy of the U.S. criminal process.
Frank Sibley
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780198238997
- eISBN:
- 9780191598418
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198238991.003.0003
- Subject:
- Philosophy, Aesthetics
Sibley distinguishes aesthetic judgements, non-aesthetic judgements, and verdicts. Verdicts are purely evaluative, while the (initially intuitive) distinction between aesthetic and non-aesthetic ...
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Sibley distinguishes aesthetic judgements, non-aesthetic judgements, and verdicts. Verdicts are purely evaluative, while the (initially intuitive) distinction between aesthetic and non-aesthetic judgements demarcates, barring expected borderline cases, the subject matter of aesthetics. Chapter 3 is concerned with illuminating this distinction, by outlining how aesthetic judgements are made, justified, and explained. Sibley further disentangles the various, conceptual and contingent, relations and dependences of aesthetic and non-aesthetic judgements, concluding that the truth of aesthetic judgements cannot be verified, confirmed, or supported mechanically or by appeal to rules.Less
Sibley distinguishes aesthetic judgements, non-aesthetic judgements, and verdicts. Verdicts are purely evaluative, while the (initially intuitive) distinction between aesthetic and non-aesthetic judgements demarcates, barring expected borderline cases, the subject matter of aesthetics. Chapter 3 is concerned with illuminating this distinction, by outlining how aesthetic judgements are made, justified, and explained. Sibley further disentangles the various, conceptual and contingent, relations and dependences of aesthetic and non-aesthetic judgements, concluding that the truth of aesthetic judgements cannot be verified, confirmed, or supported mechanically or by appeal to rules.
Sonali Chakravarti
- Published in print:
- 2020
- Published Online:
- September 2020
- ISBN:
- 9780226654157
- eISBN:
- 9780226654324
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226654324.003.0006
- Subject:
- Law, Legal Profession and Ethics
An orientation of radical enfranchisement emerges from (1) the civic education that must occur prior to jury service, (2) the learning that is scaffolded by the conventions of the trial, and (3) the ...
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An orientation of radical enfranchisement emerges from (1) the civic education that must occur prior to jury service, (2) the learning that is scaffolded by the conventions of the trial, and (3) the collective reflection on jury verdicts that should occur after the fact in a way that incorporates them into the culture of citizenship. Juries and the process of deliberation that occur within them represent moments of great contingency and possibility, a fact often forgotten when only the verdict is remembered. Greater attention to the process of jury service and the political perspectives that emerged during the trial and deliberation but were later obscured is the final dimension of radical enfranchisement. To that end, this chapter will consider several notable jury trials (including the Central Park 5 and the Camden 28) and the key moments that revealed the desire of jurors for a more expansive understanding of their power, as well as moments that showed how jurors may be unsure of how to use this power if they have not developed the skills necessary for thoughtful discretion.Less
An orientation of radical enfranchisement emerges from (1) the civic education that must occur prior to jury service, (2) the learning that is scaffolded by the conventions of the trial, and (3) the collective reflection on jury verdicts that should occur after the fact in a way that incorporates them into the culture of citizenship. Juries and the process of deliberation that occur within them represent moments of great contingency and possibility, a fact often forgotten when only the verdict is remembered. Greater attention to the process of jury service and the political perspectives that emerged during the trial and deliberation but were later obscured is the final dimension of radical enfranchisement. To that end, this chapter will consider several notable jury trials (including the Central Park 5 and the Camden 28) and the key moments that revealed the desire of jurors for a more expansive understanding of their power, as well as moments that showed how jurors may be unsure of how to use this power if they have not developed the skills necessary for thoughtful discretion.
Russ Shafer-Landau
- Published in print:
- 2003
- Published Online:
- January 2005
- ISBN:
- 9780199259755
- eISBN:
- 9780191601835
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199259755.003.0013
- Subject:
- Philosophy, Moral Philosophy
Develops a version of reliabilism about moral knowledge, in an effort to explain how we can have knowledge of all‐things‐considered moral verdicts. Considers a number of objections to reliabilism, ...
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Develops a version of reliabilism about moral knowledge, in an effort to explain how we can have knowledge of all‐things‐considered moral verdicts. Considers a number of objections to reliabilism, and seeks to show how we might begin the task of identifying reliable moral belief‐forming processes.Less
Develops a version of reliabilism about moral knowledge, in an effort to explain how we can have knowledge of all‐things‐considered moral verdicts. Considers a number of objections to reliabilism, and seeks to show how we might begin the task of identifying reliable moral belief‐forming processes.
Neil Cameron, Susan Potter, and Warren Young
- Published in print:
- 2000
- Published Online:
- January 2010
- ISBN:
- 9780198298564
- eISBN:
- 9780191705236
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198298564.003.0005
- Subject:
- Law, Comparative Law, Legal Profession and Ethics
This chapter focuses on the jury system in New Zealand. Topics discussed include the history of jury trial in New Zealand, the availability of jury trial, juror selection in criminal trials, jury ...
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This chapter focuses on the jury system in New Zealand. Topics discussed include the history of jury trial in New Zealand, the availability of jury trial, juror selection in criminal trials, jury secrecy and the inscrutability of jury verdicts, and the jury trial process.Less
This chapter focuses on the jury system in New Zealand. Topics discussed include the history of jury trial in New Zealand, the availability of jury trial, juror selection in criminal trials, jury secrecy and the inscrutability of jury verdicts, and the jury trial process.
Neil MacCormick
- Published in print:
- 1999
- Published Online:
- January 2010
- ISBN:
- 9780198268765
- eISBN:
- 9780191713118
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198268765.003.0003
- Subject:
- Law, EU Law
This chapter examines how far any particular state does live up to the rule of law, thereby achieving the character of a law-state. It focuses on a case in the United Kingdom (UK) involving the ...
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This chapter examines how far any particular state does live up to the rule of law, thereby achieving the character of a law-state. It focuses on a case in the United Kingdom (UK) involving the Official Secrets Act of 1911. A key section of that act makes it an offence if a person who possesses state secrets passes them on to anyone else, except if authorized to do so, or if under ‘a duty in the interests of the state’ to do so. The chapter discusses law as a legal concept, the case of R. v Ponting and the theories of ‘perverse verdict’ and ‘unsound interpretation’, the case for the Perverse Verdict Theory and Unsound Interpretation Theory, Hans Kelsen's legal theory arguing that the existence of a legal order is necessary but not sufficient to the existence of a state, and the UK as a Rechtsstaat or state under the rule of law.Less
This chapter examines how far any particular state does live up to the rule of law, thereby achieving the character of a law-state. It focuses on a case in the United Kingdom (UK) involving the Official Secrets Act of 1911. A key section of that act makes it an offence if a person who possesses state secrets passes them on to anyone else, except if authorized to do so, or if under ‘a duty in the interests of the state’ to do so. The chapter discusses law as a legal concept, the case of R. v Ponting and the theories of ‘perverse verdict’ and ‘unsound interpretation’, the case for the Perverse Verdict Theory and Unsound Interpretation Theory, Hans Kelsen's legal theory arguing that the existence of a legal order is necessary but not sufficient to the existence of a state, and the UK as a Rechtsstaat or state under the rule of law.
Barry Stroud
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199764969
- eISBN:
- 9780199894970
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199764969.003.0002
- Subject:
- Philosophy, Metaphysics/Epistemology, General
This chapter argues that understanding ourselves as believing in causal connections held fully independently of us and our having the responses we do is inconsistent with accepting a negative ...
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This chapter argues that understanding ourselves as believing in causal connections held fully independently of us and our having the responses we do is inconsistent with accepting a negative metaphysical verdict about causation. We do regard the causal connections we believe in as independent of us in that way; no reductionist account that would eliminate the modal element is acceptable. So we cannot accept a negative metaphysical verdict about causal dependence and consistently continue to accept all the things we believe involving causal modal connections between things in the world.Less
This chapter argues that understanding ourselves as believing in causal connections held fully independently of us and our having the responses we do is inconsistent with accepting a negative metaphysical verdict about causation. We do regard the causal connections we believe in as independent of us in that way; no reductionist account that would eliminate the modal element is acceptable. So we cannot accept a negative metaphysical verdict about causal dependence and consistently continue to accept all the things we believe involving causal modal connections between things in the world.
Barry Stroud
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199764969
- eISBN:
- 9780199894970
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199764969.003.0003
- Subject:
- Philosophy, Metaphysics/Epistemology, General
This chapter explores the way the epistemological doctrine of the a priori character of our knowledge of necessity imposes constraints on the metaphysical investigation of the status of necessity ...
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This chapter explores the way the epistemological doctrine of the a priori character of our knowledge of necessity imposes constraints on the metaphysical investigation of the status of necessity itself. The influence is indirect, but deep. Along with other assumptions, it can make an overwhelmingly strong case for a negative metaphysical verdict about what would otherwise be the inexplicable necessities and possibilities we believe in.Less
This chapter explores the way the epistemological doctrine of the a priori character of our knowledge of necessity imposes constraints on the metaphysical investigation of the status of necessity itself. The influence is indirect, but deep. Along with other assumptions, it can make an overwhelmingly strong case for a negative metaphysical verdict about what would otherwise be the inexplicable necessities and possibilities we believe in.
Barry Stroud
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199764969
- eISBN:
- 9780199894970
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199764969.003.0004
- Subject:
- Philosophy, Metaphysics/Epistemology, General
This chapter argues that attending to our evaluative judgments and practices as they actually are leaves us unable to see them all together from a position that somehow reveals their relation to an ...
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This chapter argues that attending to our evaluative judgments and practices as they actually are leaves us unable to see them all together from a position that somehow reveals their relation to an independent world in which none of them hold. The combination of the irreducibility, the indispensability, and the pervasiveness of evaluative judgments defeats the attempt to reach a completely general negative metaphysical verdict about them. What is most remarkable about this recognizable failure is how little effect it seems to have on the apparently unshakeable conviction that a negative metaphysical verdict about values in the independent world simply must be right.Less
This chapter argues that attending to our evaluative judgments and practices as they actually are leaves us unable to see them all together from a position that somehow reveals their relation to an independent world in which none of them hold. The combination of the irreducibility, the indispensability, and the pervasiveness of evaluative judgments defeats the attempt to reach a completely general negative metaphysical verdict about them. What is most remarkable about this recognizable failure is how little effect it seems to have on the apparently unshakeable conviction that a negative metaphysical verdict about values in the independent world simply must be right.
Kevin Jon Heller
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199554317
- eISBN:
- 9780191728624
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199554317.003.0005
- Subject:
- Law, Public International Law, Criminal Law and Criminology
This chapter serves as a reference for the rest of the book. It provides a synopsis of each of the twelve trials that were actually held — the counts in the indictment, biographical information about ...
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This chapter serves as a reference for the rest of the book. It provides a synopsis of each of the twelve trials that were actually held — the counts in the indictment, biographical information about the judges, the verdicts and sentences, and noteworthy aspects of each trial. It also explains how the Cold War influenced the judges who oversaw the trials.Less
This chapter serves as a reference for the rest of the book. It provides a synopsis of each of the twelve trials that were actually held — the counts in the indictment, biographical information about the judges, the verdicts and sentences, and noteworthy aspects of each trial. It also explains how the Cold War influenced the judges who oversaw the trials.
Edwin Hirschmann
- Published in print:
- 2008
- Published Online:
- October 2012
- ISBN:
- 9780195696226
- eISBN:
- 9780199080557
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195696226.003.0005
- Subject:
- Literature, Film, Media, and Cultural Studies
This chapter discusses Knight's views on imperial issues. Despite his liberal background, Knight had not been dogmatically anti-Tory in 1876. He even wrote that he thought the Conservatives better ...
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This chapter discusses Knight's views on imperial issues. Despite his liberal background, Knight had not been dogmatically anti-Tory in 1876. He even wrote that he thought the Conservatives better for India than the Liberals. However, as the Salisbury-Lytton programme unfolded, Knight perceived, on issue after issue, that theirs was not the path to India's progress, prosperity, or self-rule. The heavy-handed rule from Westminster was evident in the Baroda verdict and the repeal of the cotton tariffs; in their contempt for the rising middle class (‘Bengali Baboos’), which fuelled the Vernacular Press Act as well as the reduced civil service opportunities; in the obsessive vendetta against Salar Jung, and in the costly campaign against an imaginary Russian threat. He would vent it all in his London paper in 1879. He realized that the Raj could no more be benevolent than the men running it.Less
This chapter discusses Knight's views on imperial issues. Despite his liberal background, Knight had not been dogmatically anti-Tory in 1876. He even wrote that he thought the Conservatives better for India than the Liberals. However, as the Salisbury-Lytton programme unfolded, Knight perceived, on issue after issue, that theirs was not the path to India's progress, prosperity, or self-rule. The heavy-handed rule from Westminster was evident in the Baroda verdict and the repeal of the cotton tariffs; in their contempt for the rising middle class (‘Bengali Baboos’), which fuelled the Vernacular Press Act as well as the reduced civil service opportunities; in the obsessive vendetta against Salar Jung, and in the costly campaign against an imaginary Russian threat. He would vent it all in his London paper in 1879. He realized that the Raj could no more be benevolent than the men running it.
Richard Nobles and David Schiff
- Published in print:
- 2000
- Published Online:
- March 2012
- ISBN:
- 9780198298939
- eISBN:
- 9780191685552
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198298939.003.0003
- Subject:
- Law, Criminal Law and Criminology
If miscarriage of justice is a tragic choice situation, we might expect to find that the changes in institutional arrangements that occur in response to recognised miscarriages of justice do not ...
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If miscarriage of justice is a tragic choice situation, we might expect to find that the changes in institutional arrangements that occur in response to recognised miscarriages of justice do not represent solutions in a rational sense. Rather, these changes are an armoury of techniques to disguise the unavoidability of miscarriages of justice. This chapter provides evidence that the inescapability of miscarriages was acknowledged by legal practitioners, most notably the judiciary, from early in the nineteenth century. It also looks at the vital role played by the press in the history of institutional arrangements for remedying miscarriages of justice. It was the press that created pressure for the creation of a Criminal Court of Appeal in England. Furthermore, the chapter demonstrates the crucial importance to the judiciary of its relationship of deference to the jury. This is the principal device adopted by the judiciary to justify its extreme reluctance to entertain appeals based solely on questions of fact, that is, appeals against the truth of a jury's verdict.Less
If miscarriage of justice is a tragic choice situation, we might expect to find that the changes in institutional arrangements that occur in response to recognised miscarriages of justice do not represent solutions in a rational sense. Rather, these changes are an armoury of techniques to disguise the unavoidability of miscarriages of justice. This chapter provides evidence that the inescapability of miscarriages was acknowledged by legal practitioners, most notably the judiciary, from early in the nineteenth century. It also looks at the vital role played by the press in the history of institutional arrangements for remedying miscarriages of justice. It was the press that created pressure for the creation of a Criminal Court of Appeal in England. Furthermore, the chapter demonstrates the crucial importance to the judiciary of its relationship of deference to the jury. This is the principal device adopted by the judiciary to justify its extreme reluctance to entertain appeals based solely on questions of fact, that is, appeals against the truth of a jury's verdict.
Sir John Baker
- Published in print:
- 2003
- Published Online:
- March 2012
- ISBN:
- 9780198258179
- eISBN:
- 9780191681806
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198258179.003.0020
- Subject:
- Law, Legal History
This chapter examines the practice of awarding and evaluating damages and costs in the judicial system in England during the Tudor period. The assessment of damages was seen as an exercise in ...
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This chapter examines the practice of awarding and evaluating damages and costs in the judicial system in England during the Tudor period. The assessment of damages was seen as an exercise in establishing facts rather than applying law because examining the plaintiff who did the damage was seen as an exercise in establishing facts rather than applying law. The costs were regarded as part of the damages, and the plaintiff could ask for the damages and costs to be awarded jointly if he so wished. However, in practice, nearly all verdicts dealt with the costs separately.Less
This chapter examines the practice of awarding and evaluating damages and costs in the judicial system in England during the Tudor period. The assessment of damages was seen as an exercise in establishing facts rather than applying law because examining the plaintiff who did the damage was seen as an exercise in establishing facts rather than applying law. The costs were regarded as part of the damages, and the plaintiff could ask for the damages and costs to be awarded jointly if he so wished. However, in practice, nearly all verdicts dealt with the costs separately.
Bruno Celano
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199661640
- eISBN:
- 9780191745461
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199661640.003.0017
- Subject:
- Law, Philosophy of Law
The identity assumption is part and parcel of the notion that some norms are not barely wrong, but defeasible. There are various ways of substantiating the identity assumption, corresponding to some ...
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The identity assumption is part and parcel of the notion that some norms are not barely wrong, but defeasible. There are various ways of substantiating the identity assumption, corresponding to some main ways of moulding the concept of defeasibility (of norms). This chapter challenges the identity assumption. Or, rather, it distinguishes two different versions of it, and argues that one of them is hollow. It challenges it by reviewing, and rejecting, one of the main ways in which it can be substantiated, namely, a specificationist strategy for dealing with norm conflicts and inappropriate normative verdicts. This leads the chapter to taking a stand in the generalism vs particularism debate. Rejection of the identity assumption leads, when conjoined to an awareness of the phenomena underlying defeasibility claims, to a version of particularism.Less
The identity assumption is part and parcel of the notion that some norms are not barely wrong, but defeasible. There are various ways of substantiating the identity assumption, corresponding to some main ways of moulding the concept of defeasibility (of norms). This chapter challenges the identity assumption. Or, rather, it distinguishes two different versions of it, and argues that one of them is hollow. It challenges it by reviewing, and rejecting, one of the main ways in which it can be substantiated, namely, a specificationist strategy for dealing with norm conflicts and inappropriate normative verdicts. This leads the chapter to taking a stand in the generalism vs particularism debate. Rejection of the identity assumption leads, when conjoined to an awareness of the phenomena underlying defeasibility claims, to a version of particularism.
Peter H. Reid
- Published in print:
- 2020
- Published Online:
- January 2021
- ISBN:
- 9780813179988
- eISBN:
- 9780813179995
- Item type:
- chapter
- Publisher:
- University Press of Kentucky
- DOI:
- 10.5810/kentucky/9780813179988.003.0036
- Subject:
- History, World Modern History
On Saturday, September 10, the judge announces he will not instruct the assessors until Monday. He also issues a bench warrant for the photographer who had taken photos of the scene but who had ...
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On Saturday, September 10, the judge announces he will not instruct the assessors until Monday. He also issues a bench warrant for the photographer who had taken photos of the scene but who had failed to respond to a summons to appear in court. Peace Corps Washington worries about getting notice of the verdict in a timely manner. Should the court find Bill guilty, Bill’s attorneys planned to appeal immediately to the East African Court of Appeals. Grounds for such an appeal would include not only the common basis of prejudicial error found in American law but also the basis that the verdict is contrary to the accumulated weight of the evidence. The attorneys are confident of a successful appeal on the latter ground. It is also clear that the prosecution is prohibited by law from appealing an acquittal.Less
On Saturday, September 10, the judge announces he will not instruct the assessors until Monday. He also issues a bench warrant for the photographer who had taken photos of the scene but who had failed to respond to a summons to appear in court. Peace Corps Washington worries about getting notice of the verdict in a timely manner. Should the court find Bill guilty, Bill’s attorneys planned to appeal immediately to the East African Court of Appeals. Grounds for such an appeal would include not only the common basis of prejudicial error found in American law but also the basis that the verdict is contrary to the accumulated weight of the evidence. The attorneys are confident of a successful appeal on the latter ground. It is also clear that the prosecution is prohibited by law from appealing an acquittal.
