Where Silence Rules
Author : Richard Carver
Publisher : Human Rights Watch
Page : 112 pages
File Size : 28,67 MB
Release : 1990
Category : History
ISBN : 9780929692739
Author : Richard Carver
Publisher : Human Rights Watch
Page : 112 pages
File Size : 28,67 MB
Release : 1990
Category : History
ISBN : 9780929692739
Author : Louis Michael Seidman
Publisher :
Page : 264 pages
File Size : 48,29 MB
Release : 2022
Category : LAW
ISBN : 9780804763196
"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
Page : 216 pages
File Size : 25,25 MB
Release : 2007
Category : Law
ISBN : 9781590318737
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 : Fenella M. W. Billing
Publisher : Springer
Page : 0 pages
File Size : 28,89 MB
Release : 2016-09-09
Category : Law
ISBN : 9783319420332
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 : Nadine Strossen
Publisher : Oxford University Press
Page : 233 pages
File Size : 13,3 MB
Release : 2018-04-02
Category : Law
ISBN : 019085913X
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 : Isabel V. Hull
Publisher : Cornell University Press
Page : 425 pages
File Size : 39,10 MB
Release : 2014-04-16
Category : History
ISBN : 0801470641
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
Page : 0 pages
File Size : 38,53 MB
Release : 2009
Category : Self-incrimination
ISBN : 9781604423969
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 : Dacian C. Dragos
Publisher : Springer Nature
Page : 513 pages
File Size : 10,91 MB
Release : 2020-07-28
Category : Political Science
ISBN : 3030452271
This book examines administrative silence in a comparative manner in the EU law and 13 jurisdictions from Europe. Administrative silence is an issue that lies at the intersection of legal and managerial aspects of public administration, a concept that is both reflecting and testing the principles of legal certainty, legality, good administration, legitimate expectations, and effectiveness. Inactivity or excessive length of proceedings appears to be of interest for comparisons, particularly in the context of the recent attempts to develop European convergence models. The book offers in-depth insights into legal regulation, theory, case law and practice regarding positive and negative legal fictions in the selected European jurisdictions.
Author : Perry M. Smith
Publisher : Penguin
Page : 324 pages
File Size : 38,7 MB
Release : 2002-07-02
Category : Business & Economics
ISBN : 1101221151
Rules & Tools for Leaders has guided hundreds of thousands of leaders, showing them the ways to create and maintain growth and profitability. From hiring, firing and promoting to responding to major corporate crises, from day-to-day encounters to long-range strategic planning, Perry covers virtually every aspect of leadership and provides the means to get the job done—and done well. Along with a thorough understanding of group dynamics, business models, and ethical practices, Rules & Tools for Leaders also features invaluable checklists and guidelines—providing everyday tools to put the tried-and-true rules into effect.
Author : Haig Khatchadourian
Publisher : Walter de Gruyter GmbH & Co KG
Page : 220 pages
File Size : 28,26 MB
Release : 2015-10-16
Category : Philosophy
ISBN : 1501501461
This work is a detailed analytical study of different forms of silent doing. It explores a range of topics related to silence, including the theory of silent doing and its relationship to other forms of action and communication, silence and aesthetics, the ethics and politics of silence, and the religious dimensions of silence. The book, as an original contribution to analytical philosophy, should be of interest to philosophers and students.