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Author: Richard Carver
Publisher: Human Rights Watch
ISBN: 9780929692739
Category : History
Languages : en
Pages : 112
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Book Description
Author: Richard Carver
Publisher: Human Rights Watch
ISBN: 9780929692739
Category : History
Languages : en
Pages : 112
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Book Description
Author: Louis Michael Seidman
Publisher:
ISBN: 9780804763196
Category : LAW
Languages : en
Pages : 264
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Book Description
"You have the right to remain silent." These words, drawn from the Supreme Court's famous decision in Miranda v. Arizona, have had a tremendous impact on the public imagination. But what a strange right this is. Of all the activities that are especially worthy of protection, that define us as human beings, foster human potential, and symbolize human ambition, why privilege silence? This thoughtful and iconoclastic book argues that silence can be an expression of freedom. A defiant silence demonstrates determination, courage, and will. Martyrs from a variety of faith traditions have given up their lives rather than renounce their god. During the Vietnam era, thousands of anonymous draft resisters refused to take the military oath that was a prelude to participating in what they believed was an immoral war. These silences speak to us. They are a manifestation of connection, commitment, and meaning. This link between silence and freedom is apparent in a variety of different contexts, which Seidman examines individually, including silence and apology, silence and self-incrimination, silence and interrogation, silence and torture, and silence and death. In discussing the problem of apology, for example, the author argues that although apology plays a crucial role in maintaining the illusion of human connection, the right to not apologize is equally crucial. Similarly, prohibition against torture--so prominent in national debate since the events of Guantanamo and Abu Ghraib--is best understood as a right to silence, essential in preserving the distinction between mind and body on which human freedom depends.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Nadine Strossen
Publisher: Oxford University Press
ISBN: 019085913X
Category : Law
Languages : en
Pages : 233
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Book Description
The updated paperback edition of HATE dispels misunderstandings plaguing our perennial debates about "hate speech vs. free speech," showing that the First Amendment approach promotes free speech and democracy, equality, and societal harmony. As "hate speech" has no generally accepted definition, we hear many incorrect assumptions that it is either absolutely unprotected or absolutely protected from censorship. Rather, U.S. law allows government to punish hateful or discriminatory speech in specific contexts when it directly causes imminent serious harm. Yet, government may not punish such speech solely because its message is disfavored, disturbing, or vaguely feared to possibly contribute to some future harm. "Hate speech" censorship proponents stress the potential harms such speech might further: discrimination, violence, and psychic injuries. However, there has been little analysis of whether censorship effectively counters the feared injuries. Citing evidence from many countries, this book shows that "hate speech" are at best ineffective and at worst counterproductive. Therefore, prominent social justice advocates worldwide maintain that the best way to resist hate and promote equality is not censorship, but rather, vigorous "counterspeech" and activism.
Author: Fenella M. W. Billing
Publisher: Springer
ISBN: 9783319420332
Category : Law
Languages : en
Pages : 0
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Book Description
This book considers the effectiveness and fairness of using international cooperation to obtain confession evidence or evidence of a suspect or accused person’s silence across borders. This is a question of balance in limiting and protecting the right to silence. The functioning of the applicable law in Denmark, England and Wales and Australia is analysed in relation to investigative and trial measures such as police questioning, administrative questioning powers, covert surveillance and the use of silence as evidence of guilt.On the national level, this work examines the way in which domestic rules balance the right to silence in national criminal proceedings, and whether investigative and trial rules produce continuity throughout the criminal proceedings as a whole. From the transnational perspective, comparative legal analysis is used to determine whether the national continuity may be disrupted to such an extent that cooperation in the gathering of confession evidence causes unfairness. From the international perspective, this research compares the right to silence under the ICCPR and the ECHR to identify the overall effect of cooperating under particular human rights frameworks on the question of balance.
Author: Isabel V. Hull
Publisher: Cornell University Press
ISBN: 0801470641
Category : History
Languages : en
Pages : 425
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Book Description
In A Scrap of Paper, Isabel V. Hull compares wartime decision making in Germany, Great Britain, and France, weighing the impact of legal considerations in each. She demonstrates how differences in state structures and legal traditions shaped the way the three belligerents fought the war. Hull focuses on seven cases: Belgian neutrality, the land war in the west, the occupation of enemy territory, the blockade, unrestricted submarine warfare, the introduction of new weaponry, and reprisals. A Scrap of Paper reconstructs the debates over military decision-making and clarifies the role law played—where it constrained action, where it was manipulated, where it was ignored, and how it developed in combat—in each case. A Scrap of Paper is a passionate defense of the role that the law must play to govern interstate relations in both peace and war.
Author: Steven M. Salky
Publisher: American Bar Association
ISBN: 9781604423969
Category : Self-incrimination
Languages : en
Pages : 0
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Book Description
This book explains the contours of the Fifth Amendment privilege against self-incrimination in practice, providing a guide for both the civil litigator, as well as the criminal lawyer. The Privilege of Silence organizes the relevant case law so that lawyers may advise and represent their clients by focusing on the practical aspects of Fifth Amendment assertions in all proceedings.
Author: Ashley Elston
Publisher: Little, Brown Books for Young Readers
ISBN: 1423179765
Category : Juvenile Fiction
Languages : en
Pages : 337
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Book Description
Don't miss this unputdownable mystery from Ashley Elston, the New York Times bestselling author of First Lie Wins, a Reese's Book Club pick! She's been six different people in six different places: Madeline in Ohio, Isabelle in Missouri, Olivia in Kentucky . . . But now that she's been transplanted to rural Louisiana, she has decided that this fake identity will be her last. Witness Protection has taken nearly everything from her. But for now, they've given her a new name, Megan Rose Jones, and a horrible hair color. For the past eight months, Meg has begged her father to answer one question: What on earth did he do-or see-that landed them in this god-awful mess? Meg has just about had it with all of the Suits' rules-and her dad's silence. If he won't help, it's time she got some answers for herself. But Meg isn't counting on Ethan Landry, an adorable Louisiana farm boy who's too smart for his own good. He knows Meg is hiding something big. And it just might get both of them killed. As they embark on a perilous journey to free her family once and for all, Meg discovers that there's only one rule that really matters-survival.
Author: Philip Pettit
Publisher: Clarendon Press
ISBN: 0191530794
Category : Philosophy
Languages : en
Pages : 428
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Book Description
Philip Pettit has drawn together here a series of interconnected essays on three subjects to which he has made notable contributions. The first part of the book deals with the rule-following character of thought. The second discusses the many factors to which choice is rationally responsive - and by reference to which choice can be explained - consistently with being under the control of thought. The third examines the implications of this multiple sensitivity for the normative regulation of social affairs. Thus the volume covers a large swathe of territory, ranging from metaphysics to philosophical psychology to the theory of rational regulation. The connections that Pettit makes between these areas are original and illuminating. Each part of the book develops a key theme. The first is that thought succeeds in following rules - and overcomes Wittgenstein's rule-following problem - so far as it is response-dependent; it is a sort of enterprise that is accessible only to creatures like us for whom certain responses are primitive and shared. The second is that while human choice may be sensitive to discursive reasons, as we would expect in a thinking subject, it can at the same time be subject to the control - the virtual control, in the model developed here - of rational self-interest. And the third is that the rational interest of agents in achieving esteem in the eyes of others, and in avoiding disesteem, exercises a virtual form of control that can explain the emergence of norms and various other aspects of social life.
Author: C. Ross
Publisher: African Books Collective
ISBN: 9996066053
Category : Religion
Languages : en
Pages : 277
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Book Description
Between 1992 and 1994 Malawi underwent a remarkable transition from dictatorship to democracy. Truly a transformation of power! Yet this period of profound change raised many issues of power and accountability. In this book some of the key questions are explained and addressed from a theological perspective. The work originated as a case study on the World Council of Churches Theology of Life programme. It was then presented as a Kachere Monograph in the belief that it will not only contribute to the reconstruction of politic in Malawi but also be an important resource for all those concerned with the formation of a viable theology of power for todays world. It is now presented here again as a Luviri Reprint. The contributors are all drawn from the University of Malawi Department of Theology and Religious Studies. Kenneth Ross has written on The Transformation of Power in Malawi 1992-94: the Role of the Christian Churches and A Practical Theology of Power for the New Malawi; Felix Chingota on The Use of the Bible in Social Transformation; Isabel Apawo Phiri on Marching, Suspended and Stoned: Christian Women in Malawi 1995; James Tengatenga on Young People: Participation or Alienation? An Anglican Case; J.C. Chankanza and Hilary Mijoga on Muslim Perspectives on Power; Hilary Mijoga on Christian Experience in Malawi Prisons; and Klaus Fiedler on Power at the Receiving End: the Jehovas Witnesses Experience in One-Party Malawi and Even in the Church the Exercise of Power is Accountable to God.
