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Rights, Welfare, and Mill's Moral Theory
by David LyonsThis volume collects David Lyons' well-known essays on Mill's moral theory and includes an introduction which relates the essays to prior and subsequent philosophical developments. Like the author's Forms and Limits of Utilitarianism (Oxford, 1965), the essays apply analytical methods to issues in normative ethics. The first essay defends a refined version of the beneficiary theory of rights against H.L.A. Hart's important criticisms. The central set of essays develops new interpretations of Mill's moral theory with the aim of determining how far rights can be incorporated in a utilitarian framework. They Mill's analysis of moral concepts promises to accommodate the argumentative force of rights, and also provide a significant new reading of Mill's theory of liberty. The last essay argues that the promise of Mill's theory of justice cannot be fulfilled. Utilitarianism is unable to account for crucial features of moral rights, or even for the moral force of legal rights whose existence might be justified on utilitarian grounds.
Rights, Wrongs, and Injustices: The Structure of Remedial Law (Oxford Private Law Theory)
by Stephen A. SmithRights, Wrongs, and Injustices is the first comprehensive account of the scope, foundations, and structure of remedial law in common law jurisdictions. The rules governing the kinds of complaints that common law courts will accept are generally well understood. However, the rules governing when and how they respond to such complaints are not. This book provides that understanding. It argues that remedies are judicial rulings, and that remedial law is the law governing their availability and content. Focusing on rulings that resolve private law disputes (for example, damages, injunctions, and restitutionary orders), this book explains why remedial law is distinctive, how it relates to substantive law, and what its foundational principles are. The book advances four main arguments. First, the question of what courts should do when individuals seek their assistance (the focus of remedial law) is different from the question of how individuals should treat one another in their day-to-day lives (the focus of substantive law). Second, remedies provide distinctive reasons to perform the actions they command; in particular, they provide reasons different from those provided by either rules or sanctions. Third, remedial law has a complex relationship to substantive law. Some remedies are responses to rights-threats, others to wrongs, and yet others to injustices. Further, remedies respond to these events in different ways: while many remedies (merely) replicate substantive duties, others modify substantive duties and some create entirely new duties. Finally, remedial law is underpinned by general principles-principles that cut across the traditional distinctions between so-called “legal” and “equitable” remedies. Together, these arguments provide an understanding of remedial law that takes the concept of a remedy seriously, classifies remedies according to their grounds and content, illuminates the relationship between remedies and substantive law, and presents remedial law as a body of principles rather than a historical category.
Rights, Wrongs, and Injustices: The Structure of Remedial Law (Oxford Private Law Theory)
by Stephen A. SmithRights, Wrongs, and Injustices is the first comprehensive account of the scope, foundations, and structure of remedial law in common law jurisdictions. The rules governing the kinds of complaints that common law courts will accept are generally well understood. However, the rules governing when and how they respond to such complaints are not. This book provides that understanding. It argues that remedies are judicial rulings, and that remedial law is the law governing their availability and content. Focusing on rulings that resolve private law disputes (for example, damages, injunctions, and restitutionary orders), this book explains why remedial law is distinctive, how it relates to substantive law, and what its foundational principles are. The book advances four main arguments. First, the question of what courts should do when individuals seek their assistance (the focus of remedial law) is different from the question of how individuals should treat one another in their day-to-day lives (the focus of substantive law). Second, remedies provide distinctive reasons to perform the actions they command; in particular, they provide reasons different from those provided by either rules or sanctions. Third, remedial law has a complex relationship to substantive law. Some remedies are responses to rights-threats, others to wrongs, and yet others to injustices. Further, remedies respond to these events in different ways: while many remedies (merely) replicate substantive duties, others modify substantive duties and some create entirely new duties. Finally, remedial law is underpinned by general principles-principles that cut across the traditional distinctions between so-called “legal” and “equitable” remedies. Together, these arguments provide an understanding of remedial law that takes the concept of a remedy seriously, classifies remedies according to their grounds and content, illuminates the relationship between remedies and substantive law, and presents remedial law as a body of principles rather than a historical category.
Rights, Wrongs and Responsibilities
by M. KramerIn this wide-ranging investigation of many prominent issues in contemporary legal and political philosophy, eight distinguished philosophers and legal theorists (including Matthew Kramer, Hillel Steiner, Antony Duff, Sandra Marshall, Wilfrid Waluchow, and Nicholas Bamforth) tackle issues such as the rights of animals and foetuses, the relationship between law and politics, the requirements of justice, the demands of practical rationality, the role of public-policy considerations in legal reasoning, the fundamental characteristics of legal and moral entitlements, the appropriateness of compensation as a means of rectifying mishaps and misdeeds, the extent of individuals' responsibility for the consequences of their choices, and the culpability of failed attempts to commit crimes. Together, the eight principal essays in Rights, Wrongs, and Responsibilities shed philosophical light on public law, criminal law, and most areas of private law as they explore the bearings of the three key concepts in the volume's title.
Rigor Mortis: How Sloppy Science Creates Worthless Cures, Crushes Hope, and Wastes Billions
by Richard HarrisAn essential book to understanding whether the new miracle cure is good science or simply too good to be trueAmerican taxpayers spend $30 billion annually funding biomedical research, but over half of these studies can't be replicated due to poor experimental design, improper methods, and sloppy statistics. Bad science doesn't just hold back medical progress, it can sign the equivalent of a death sentence for terminal patients. In Rigor Mortis, Richard Harris explores these urgent issues with vivid anecdotes, personal stories, and interviews with the top biomedical researchers. We need to fix our dysfunctional biomedical system--before it's too late.
Rinder's Rules: Make the Law Work For You!
by Robert RinderToo many lawyers spout jargon... I’m here to cut the bulls**t. Robert RinderHave you had a holiday from hell? Been left with a hole in your floor by a dodgy builder? Fed up with fighting over who gets the dog after your divorce? Don't worry, criminal barrister Rob Rinder, star of the ITV hit show Judge Rinder and columnist for the Sun, is here to help you take action. From common legal woes to problems you may have, this is a collection of real-life stories of things gone wrong, for which he provides sound legal advice. With sections on jargon-busting, consumer rights and common mistakes, Rinder’s Rules provides a thorough guide to everyday legal issues that you can carry with you anywhere.This book is both incredibly informative and unbearably funny.
The Ring of Truth: The Wisdom of Wagner’s Ring of the Nibelung
by Roger ScrutonRichard Wagner's Ring of the Nibelung is one of the greatest works of art created in modern times, and has fascinated both critics and devotees for over a century and a half. No recent study has examined the meaning of Wagner's masterpiece with the attention to detail and intellectual power that Roger Scruton brings to it in this inspiring account. The Ring of Truth is an exploration of the drama, music, symbolism and philosophy of the Ring from a writer whose knowledge and understanding of the Western musical tradition are the equal of his capacities as a philosopher.Scruton shows how, through musical connections and brilliant dramatic strokes, Wagner is able to express truths about the human condition which few other creative artists have been able to convey so convincingly. For Wagner, writes Scruton, the task of art is to 'show us freedom in its immediate, contingent, human form, reminding us of what it means to us. Even if we live in a world from which gods and heroes have disappeared we can, by imagining them, dramatize the deep truths of our condition and renew our faith in what we are.'Love, death, sacrifice and the liberation that we win through sacrifice - these are the great themes of the Ring, as they are of this book. Scruton's passionate and moving interpretation allows us to understand more fully than ever how Wagner conveys his ideas about who we are, and why the Ring continues to be such a hypnotically absorbing work.
Ringworm and Irradiation: The Historical, Medical, and Legal Implications of the Forgotten Epidemic (Oxford Medical Online)
by Shifra Shvarts Siegal SadetzkiRingworm and Irradiation: The Historical, Medical, and Legal Implications of the Forgotten Epidemic explores the history of the disease and the use of irradiation for the treatment of ringworm, an epidemic that was spread mainly among poor children in countries across the world in the first half of the 20th century. At its peak in the 1940 and 50s, children around the globe were treated with radiation therapy to prevent and eradicate ringworm of the scalp, a treatment that led years later to latent health risk to develop tumors, malignancies, thyroid cancer, brain tumors, and other health effects among the exposed population. The actions taken by the National Cancer Institute (NCI) and the US Food and Drug Administration to launch a nationwide campaign warning the public, and thus the medical community, about the late health effects of ionizing radiation received in childhood are evidenced in this compilation.
Rinsed: From Cartels to Crypto: How the Tech Industry Washes Money for the World's Deadliest Crooks
by Geoff White'Rinsed is a triumph. If you want to understand how the chaotic world around us really works, read this book!’MILES JOHNSON, AUTHOR OF CHASING SHADOWS'A riveting look at not only the nuts and bolds of cons and crimes but the techniques detectives use to stalk cyber criminals'FINANCIAL TIMESFor as long as people have been stealing money, there has been an industry ready to wash it. But what happened when our economy went digital? How does the global underworld wash its dirty money in the Internet age?Rinsed reveals how organized crooks have joined forces with the world’s most sophisticated cybercriminals. The result: a vast virtual money-laundering machine too intelligent for most authorities to crack. Through a series of jaw-dropping cases and interviews with insiders at all levels of the system, Geoff White shows how thieves are uniting to successfully get away with the most atrocious crimes on an unprecedented scale.The book follows money from the outrageous luxury of Dubai hotels to sleepy backwaters of coastal Ireland, from the backstreets of Nigeria to the secretive zones of North Korea, to investigate this new cyber supercartel. Through first-hand accounts from the victims of their devastating crimes, White uncovers the extraordinary true story of hi-tech laundering – and exposes its terrible human cost.'Rinsed is as twisty, colourful and terrifyingly eye-opening as the people White investigates. You’ll never look at wealth, technology and crime in the same way’CARA MCGOOGAN, AUTHOR OF THE POISON LINE'A gripping look at the battle between cops and criminals on the new frontier of financial crime'BRADLEY HOPE, CO-AUTHOR OF BILLION DOLLAR WHALE
The Rio Declaration on Environment and Development: A Commentary (Oxford Commentaries on International Law)
by Jorge E. ViñualesThe international community has long grappled with the issue of safeguarding the environment and encouraging sustainable development, often with little result. The 1992 Rio Declaration on Environment and Development was an emphatic attempt to address this issue, setting down 27 key principles for the international community to follow. These principles define the rights of people to sustainable development, and the responsibilities of states to safeguard the common environment. The Rio Declaration established that long term economic progress required a connection to environmental protection. It was designed as an authoritative and comprehensive statement of the principles of sustainable development law, an instrument to take stock of the past international and domestic practice, a guide for the design of new multilateral environmental regimes, and as a reference for litigation. This commentary provides an authoritative and comprehensive overview of the principles of the Declaration, written by over thirty inter-disciplinary contributors, including both leading practitioners and academics. Each principle is analysed in light of its origins and rationale. The book investigates each principle's travaux préparatoires setting out the main points of controversy and the position of different countries or groups. It analyses the scope and dimensions of each principle, providing an in-depth understanding of its legal effects, including whether it can be relied before a domestic or international court. It also assesses the impact of the principles on subsequent soft law and treaty development, as well as domestic and international jurisprudence. The authors demonstrate the ways in which the principles interact with each other, and finally provide a detailed analysis of the shortcomings and future potential of each principle. This book will be of vital importance to practitioners, scholars, and students of international environomental law and sustainable development.
The Rio Declaration on Environment and Development: A Commentary (Oxford Commentaries on International Law)
The international community has long grappled with the issue of safeguarding the environment and encouraging sustainable development, often with little result. The 1992 Rio Declaration on Environment and Development was an emphatic attempt to address this issue, setting down 27 key principles for the international community to follow. These principles define the rights of people to sustainable development, and the responsibilities of states to safeguard the common environment. The Rio Declaration established that long term economic progress required a connection to environmental protection. It was designed as an authoritative and comprehensive statement of the principles of sustainable development law, an instrument to take stock of the past international and domestic practice, a guide for the design of new multilateral environmental regimes, and as a reference for litigation. This commentary provides an authoritative and comprehensive overview of the principles of the Declaration, written by over thirty inter-disciplinary contributors, including both leading practitioners and academics. Each principle is analysed in light of its origins and rationale. The book investigates each principle's travaux préparatoires setting out the main points of controversy and the position of different countries or groups. It analyses the scope and dimensions of each principle, providing an in-depth understanding of its legal effects, including whether it can be relied before a domestic or international court. It also assesses the impact of the principles on subsequent soft law and treaty development, as well as domestic and international jurisprudence. The authors demonstrate the ways in which the principles interact with each other, and finally provide a detailed analysis of the shortcomings and future potential of each principle. This book will be of vital importance to practitioners, scholars, and students of international environomental law and sustainable development.
Riot Days
by Maria AlyokhinaFrom activist, Pussy Riot member and freedom fighter Maria Alyokhina, a raw, hallucinatory, passionate account of her arrest, trial and imprisonment in a penal colony in the Urals for standing up for what she believed in.'One of the most brilliant and inspiring things I've read in years. Couldn't put it down. This book is freedom' Chris Kraus, author of I Love Dick'Reading: RIOT DAYS, by PussyRiot member MariaAlyokhina. A women's prison memoir like no other! One tough cookie!' @MargaretAtwood'In oppressive political systems, some of the most effective weapons are sarcasm and dark humour. It is exactly these weapons that are employed by Masha Alyokhina in the brilliantly written Riot Days. Once you begin reading, you are completely disarmed, unable to put it down until the last page' Marina AbramovicPeople who believe in freedom and democracy think it will exist forever.That is a mistake. What happened in Russia - what happened to me - could happen anywhere.When I was jailed for political protest, I learned that prison doesn't just teach you to follow the rules. It teaches you to think that you can never break them.It's inevitable that the prison gates will open at some point. But this doesn't mean that you leave the 'prisoner' category and go straight into the category of 'the free'.Freedom does not exist unless you fight for it every day.This is the story about how I made a choice.We are all Pussy Riot.And actions break fear. 'To Back Down an Inch is to Give Up a Mile'.
Riots and Pogroms
by Paul R. BrassRiots and Pogroms presents comparative studies of riots and pogroms in the twentieth century in Russia, Germany, Israel, India, and the United States, with a comparative, historical, and analytical introduction by the editor. The focus of the book is on the interpretive process which follows after the occurrence of riots and pogroms, rather than on the search for their causes. The concern of the editor and contributors is with the struggle for control over the meaning of riotous events, for the right to represent them properly.
The Rise and Decline of American Religious Freedom
by Steven D. SmithFamiliar accounts of religious freedom in the United States often tell a story of visionary founders who broke from centuries-old patterns of Christendom to establish a political arrangement committed to secular and religiously neutral government. These novel commitments were supposedly embodied in the religion clauses of the First Amendment. But this story is largely a fairytale, Steven Smith says in this incisive examination of a much-mythologized subject. The American achievement was not a rejection of Christian commitments but a retrieval of classic Christian ideals of freedom of the church and of conscience. Smith maintains that the First Amendment was intended merely to preserve the political status quo in matters of religion. America's distinctive contribution was, rather, a commitment to open contestation between secularist and providentialist understandings of the nation which evolved over the nineteenth century. In the twentieth century, far from vindicating constitutional principles, as conventional wisdom suggests, the Supreme Court imposed secular neutrality, which effectively repudiated this commitment to open contestation. Instead of upholding what was distinctively American and constitutional, these decisions subverted it. The negative consequences are visible today in the incoherence of religion clause jurisprudence and the intense culture wars in American politics.
The Rise and Decline of American Religious Freedom
by Steven D. SmithFamiliar accounts of religious freedom in the United States often tell a story of visionary founders who broke from centuries-old patterns of Christendom to establish a political arrangement committed to secular and religiously neutral government. These novel commitments were supposedly embodied in the religion clauses of the First Amendment. But this story is largely a fairytale, Steven Smith says in this incisive examination of a much-mythologized subject. The American achievement was not a rejection of Christian commitments but a retrieval of classic Christian ideals of freedom of the church and of conscience. Smith maintains that the First Amendment was intended merely to preserve the political status quo in matters of religion. America's distinctive contribution was, rather, a commitment to open contestation between secularist and providentialist understandings of the nation which evolved over the nineteenth century. In the twentieth century, far from vindicating constitutional principles, as conventional wisdom suggests, the Supreme Court imposed secular neutrality, which effectively repudiated this commitment to open contestation. Instead of upholding what was distinctively American and constitutional, these decisions subverted it. The negative consequences are visible today in the incoherence of religion clause jurisprudence and the intense culture wars in American politics.
The Rise and Decline of Fundamental Rights in EU Citizenship (Modern Studies in European Law)
by Adrienne YongThis book argues that there is an inherent relationship between EU fundamental rights and EU citizenship: they both have the same objective of guaranteeing protection for the individual. This is underpinned by the development of case law in the field by the Court of Justice of the EU (CJEU). Here, however, the author proposes that that relationship has weakened in recent years as the CJEU has entered increasingly sensitive territory in regard to the protection of citizenship rights and fundamental rights. Writing in the post UK–EU referendum environment, the author argues that this decline is attributable to increasing Euroscepticism, which has worsened since the Eurozone crisis and even more so in light of Brexit, and arguments made that leaving the EU would reduce immigration. This argument is particularly important to note given the rising fears of immigration that underlie much of the dissatisfaction with the EU project: a feeling prevalent not only in the UK. The chapters look at the rights of migrant EU citizens in Member States other than their own, and the guarantees that exist as a matter of protecting their fundamental human rights, which are present alongside rights enjoyed as part of being an EU citizen.
The Rise and Decline of Fundamental Rights in EU Citizenship (Modern Studies in European Law)
by Adrienne YongThis book argues that there is an inherent relationship between EU fundamental rights and EU citizenship: they both have the same objective of guaranteeing protection for the individual. This is underpinned by the development of case law in the field by the Court of Justice of the EU (CJEU). Here, however, the author proposes that that relationship has weakened in recent years as the CJEU has entered increasingly sensitive territory in regard to the protection of citizenship rights and fundamental rights. Writing in the post UK–EU referendum environment, the author argues that this decline is attributable to increasing Euroscepticism, which has worsened since the Eurozone crisis and even more so in light of Brexit, and arguments made that leaving the EU would reduce immigration. This argument is particularly important to note given the rising fears of immigration that underlie much of the dissatisfaction with the EU project: a feeling prevalent not only in the UK. The chapters look at the rights of migrant EU citizens in Member States other than their own, and the guarantees that exist as a matter of protecting their fundamental human rights, which are present alongside rights enjoyed as part of being an EU citizen.
The Rise and Fall of Carbon Emissions Trading (Energy, Climate and the Environment)
by Declan KuchThis book presents the results of the first full-scale emissions trading schemes in Australia and internationally, arguing these schemes will not be sufficient to 'civilize markets' and prevent dangerous climate change. Instead, it articulates the ways climate policy needs to confront the collective nature of our predicament.
The Rise and Fall of Morris Ernst, Free Speech Renegade
by Samantha BarbasA long-overdue biography of the legendary civil liberties lawyer—a vital and contrary figure who both defended Ulysses and fawned over J. Edgar Hoover. In the 1930s and ’40s, Morris Ernst was one of America’s best-known liberal lawyers. The ACLU’s general counsel for decades, Ernst was renowned for his audacious fights against artistic censorship. He successfully defended Ulysses against obscenity charges, litigated groundbreaking reproductive rights cases, and supported the widespread expansion of protections for sexual expression, union organizing, and public speech. Yet Ernst was also a man of stark contradictions, waging a personal battle against Communism, defending an autocrat, and aligning himself with J. Edgar Hoover’s inflammatory crusades. Arriving at a moment when issues of privacy, artistic freedom, and personal expression are freshly relevant, The Rise and Fall of Morris Ernst, Free Speech Renegade brings this singularly complex figure into a timely new light. As Samantha Barbas’s eloquent and compelling biography makes ironically clear, Ernst both transformed free speech in America and inflicted damage to the cause of civil liberties. Drawing on Ernst’s voluminous cache of publications and papers, Barbas follows the life of this singular idealist from his pugnacious early career to his legal triumphs of the 1930s and ’40s and his later idiosyncratic zealotry. As she shows, today’s challenges to free speech and the exercise of political power make Morris Ernst’s battles as pertinent as ever.
The Rise and Fall of Morris Ernst, Free Speech Renegade
by Samantha BarbasA long-overdue biography of the legendary civil liberties lawyer—a vital and contrary figure who both defended Ulysses and fawned over J. Edgar Hoover. In the 1930s and ’40s, Morris Ernst was one of America’s best-known liberal lawyers. The ACLU’s general counsel for decades, Ernst was renowned for his audacious fights against artistic censorship. He successfully defended Ulysses against obscenity charges, litigated groundbreaking reproductive rights cases, and supported the widespread expansion of protections for sexual expression, union organizing, and public speech. Yet Ernst was also a man of stark contradictions, waging a personal battle against Communism, defending an autocrat, and aligning himself with J. Edgar Hoover’s inflammatory crusades. Arriving at a moment when issues of privacy, artistic freedom, and personal expression are freshly relevant, The Rise and Fall of Morris Ernst, Free Speech Renegade brings this singularly complex figure into a timely new light. As Samantha Barbas’s eloquent and compelling biography makes ironically clear, Ernst both transformed free speech in America and inflicted damage to the cause of civil liberties. Drawing on Ernst’s voluminous cache of publications and papers, Barbas follows the life of this singular idealist from his pugnacious early career to his legal triumphs of the 1930s and ’40s and his later idiosyncratic zealotry. As she shows, today’s challenges to free speech and the exercise of political power make Morris Ernst’s battles as pertinent as ever.
The Rise and Fall of the European Constitution (Modern Studies In European Law Ser.)
by Nw Barber Maria Cahill Richard EkinsThe Draft European Constitution was arguably both an attempt to constitutionalise the Union, re-framing that project in the language of the state, and an attempt to stretch the boundaries of constitutionalism itself, re-imagining that concept to accommodate the sui generis European Union. The (partial) failure of this project is the subject of this collection of essays. The collection brings together leading EU constitutional scholars to consider, with the benefit of hindsight, the purportedly constitutional character of the proposed Constitutional Treaty, the reasons for its rejection by voters in France and the Netherlands, the ongoing implications of this episode for the European project, and the lessons it teaches us about what constitutionalism really means.
The Rise and Fall of the European Constitution
by Nw Barber Maria Cahill Richard EkinsThe Draft European Constitution was arguably both an attempt to constitutionalise the Union, re-framing that project in the language of the state, and an attempt to stretch the boundaries of constitutionalism itself, re-imagining that concept to accommodate the sui generis European Union. The (partial) failure of this project is the subject of this collection of essays. The collection brings together leading EU constitutional scholars to consider, with the benefit of hindsight, the purportedly constitutional character of the proposed Constitutional Treaty, the reasons for its rejection by voters in France and the Netherlands, the ongoing implications of this episode for the European project, and the lessons it teaches us about what constitutionalism really means.
The Rise and Fall of the House of Bo: How A Murder Exposed The Cracks In China’s Leadership (Penguin Specials)
by John GarnautThe Rise and Fall of the House of Bo is a shocking and revelatory exposé of China's most controversial 'statesman' Bo Xilai, by journalist John Garnaut, available exclusively as a digital-only Penguin Special.When news of the murder trial of prominent Communist Party leader Bo Xilai's wife reached Western attention, it was apparent that, as with many events in the secretive upper echelons of Chinese politics, there was more to the story. Now, as the Party's 18th National Congress oversees the biggest leadership transition in decades, and installs the Bo family's long-time rival Xi Jinping as president, China's rulers are finding it increasingly difficult to keep their poisonous internal divisions behind closed doors.Bo Xilai's breathtaking fall from grace is an extraordinary tale of excess, murder, defection, political purges and ideological clashes going back to Mao himself, as the princeling sons of the revolutionary heroes ascend to control of the Party. China watcher John Garnaut examines how Bo's stellar rise through the ranks troubled his more reformist peers, as he revived anti-'capitalist roader' sentiment, even while his family and associates enjoyed the more open economy's opportunities. Amid fears his imminent elevation to the powerful Standing Committee was leading China towards another destructive Cultural Revolution, have his opponents seized their chance to destroy Bo and what he stood for? The trigger was his wife Gu Kailai's apparently paranoid murder of an English family friend, which exposed the corruption and brutality of Bo's outwardly successful administration of the massive city of Chongqing. It also led to the one of the highest-level attempted defections in Communist China's history when Bo's right-hand man, police chief Wang Lijun, tried to escape the ruins of his sponsor's reputation.Garnaut explains how this incredible glimpse into the very personal power struggles within the CCP exposes the myth of the unified one-party state. With China approaching super-power status, today's leadership shuffle may set the tone for international relations for decades. Here, Garnaut reveals a particularly Chinese spin on the old adage that the personal is political.'His insight is unique and well applied to this extraordinary, intergenerational set of events that Hollywood couldn't dream up if it tried' ABC SydneyJohn Garnaut is China correspondent for the Sydney Morning Herald and The Age, in the Fairfax Media stable, and also writes for Foreign Policy magazine. He joined Fairfax in 2002 as an economics journalist after working as a commercial lawyer. His work on China has been recognised with several awards, including the 2009 Walkley Award for Scoop of the Year, for reporting the detention of Australian Rio Tinto executive Stern Hu. John lived in Beijing for two years in the 1980s, while his father was posted as the Australian ambassador, and returned there with his wife and children in 2007.
The Rise and Fall of the Right of Silence: Principle, Politics and Policy
by Hannah QuirkWithin an international context in which the right to silence has long been regarded as sacrosanct, this book provides the first comprehensive, empirically-based analysis of the effects of curtailing the right to silence. The right to silence has served as the practical expression of the principles that an individual was to be considered innocent until proven guilty, and that it was for the prosecution to establish guilt. In 1791, the Fifth Amendment to the US Constitution proclaimed that none ‘shall be compelled in any criminal case to be a witness against himself’. In more recent times, the privilege against self-incrimination has been a founding principle for the International Criminal Court, the new South African constitution and the ad hoc International Criminal Tribunals for Rwanda and the former Yugoslavia. Despite this pedigree, over the past 30 years when governments have felt under pressure to combat crime or terrorism, the right to silence has been reconsidered (as in Australia), curtailed (in most of the United Kingdom) or circumvented (by the creation of the military tribunals to try the Guantánamo detainees). The analysis here focuses upon the effects of the Criminal Justice and Public Order Act 1994 in England and Wales. There, curtailing the right to silence was advocated in terms of ‘common sense’ policy-making and was achieved by an eclectic borrowing of concepts and policies from other jurisdictions. The implications of curtailing this right are here explored in detail with reference to England, Wales and Northern Ireland, but within a comparative context that examines how different ‘types’ of legal systems regard the right to silence and the effects of constitutional protection.