This is Maximilien de Robespierre, barrister-at-law: unmarried, personable, a young man with all his life before him. Today against his most deeply held convictions he has followed the course of the law and sentenced a criminal to death. And now he is going to pay for it.
Hilary MantelTag: law
There is no such source and cause of strife, quarrel, fights, malignant opposition, persecution, and war, and all evil in the state, as religion. Let it once enter into our civil affairs, our government soon would be destroyed. Let it once enter our common schools, they would be destroyed. Those who made our Constitution saw this, and used the most apt and comprehensive language in it to prevent such a catastrophe.
[Weiss v. District Board, March 18, 1890]
Tag: science education schools law intolerance destruction separation-of-church-and-state constitution catastrophe schooling quarrel strife malignant constitutional
What is this so-called 'employment flexibility'? It simply means that employers, in their quest to reduce costs whilst trying to meet the demands of globalisation, are disregarding the traditional job boundaries – often to the detriment of the unskilled, non-standard worker. Employers use non-standard workers to avoid restrictive labour laws and collective bargaining restraints. In addition, the practice provides them with more flexibility.
E.S. FourieTag: capitalism law exploitation south-africa atypical-workers informal-sector labour-law
Uniformity in the common law, consisting of broad principles like the "reasonable person" standard, generally permits adjustment for the circumstances. This type of uniform principle is almost synonymous with fairness. Uniform application of a detailed rule, on the other hand, will almost always favor one group over another. p. 34
Philip K. HowardTag: politics law bureaucracy government fairness common-law red-tape
By exiling human judgment in the last few decades, modern law changed role from useful tool to brainless tyrant. This legal regime will never be up to the job, any more than the Soviet system of central planning was, because ti can't think. The comedy of law's sterile logic--large POISON signs warning against common sand, spending twenty-two years on pesticide review and deciding next to nothing, allowing fifty-year-old white men to sue for discrimination--is all too reminiscent of the old jokes we used to hear about life in the Eastern bloc.
Judgement is to law as water is to crops. It should not be surprising that law has become brittle, and society along with it.
Tag: tyranny law responsibility bureaucracy regulation bureaucrats human-judgment
Human nature turns out to be more complicated than the idea that people will get along if only the rules are clear enough. Uncertainty, the ultimate evil that modern law seeks to eradicate, generally fosters cooperation, not the opposite.
Philip K. HowardTag: law bureaucracy uncertainty government rules
This is England," he explained. "Tell someone it's a procedure, and they'll believe you. The pointless procedure is one of our great natural resources.
Maureen JohnsonTag: law london england procedures
Although distortion of the past is widespread, the most common travesty is one of omission, wherein populist leaders neglect to mention the crimes committed by their own side or recollect them in such a way that evades accepting full responsibility. That politicians are so able to evoke historical arguments in these ways results from a prior failure of the society to engage in a full and frank encounter with past wrongdoings.
Richard Ashby WilsonTag: politics law collective-memory criminal-tribunals
Men who are in prison for rape think it's the dumbest thing that ever happened... it's isn't just a miscarriage of justice; they were put in jail for something very little different from what most men do most of the time and call it sex. The only difference is they got caught. That view is nonremorseful and not rehabilitative. It may also be true. It seems to me that we have here a convergence between the rapists's view of what he has done and the victim's perspective on what was done to her. That is, for both, their ordinary experiences of heterosexual intercourse and the act of rape have something in common. Now this gets us into immense trouble, because that's exactly how judges and juries see it who refuse to convict men accused of rape. A rape victim has to prove that it was not intercourse. She has to show that there was force and that she resisted, because if there was sex, consent is inferred. Finders of fact look for "more force than usual during the preliminaries". Rape is defined by distinction from intercourse - not nonviolence, intercourse. They ask, does this event look more like fucking or like rape? But what is their standard for sex, and is this question asked from the women's point of view? The level of force is not adjudicated at her point of violation; it is adjudicated at the standard for the normal level of force. Who sets this standard?
Catharine A. MacKinnonTag: women feminism law rape patriarchy intercourse feminist-theory piv
The law, and society, and religion all said it was impossible to be sane, healthy, and kill yourself. Perhaps those authorities feared that the suicide‟s reasoning might impugn the nature and value of life as organised by the
Page | 49 .
state which paid the coroner? And then, since you had been declared temporarily mad, your reasons for killing yourself were also assumed to be mad. So I doubt anyone paid much attention to Adrian‟s argument, with its references to philosophers ancient and modern, about the superiority of the intervening act over the unworthy passivity of merely letting life happen to you.
Tag: life society suicide law insanity-is-normal society-individualism
« prima precedente
Pagina 33 di 43.
prossimo ultimo »
Data privacy
Imprint
Contact
Diese Website verwendet Cookies, um Ihnen die bestmögliche Funktionalität bieten zu können.