https://www.supremecourt.uk/cases/docs/uksc-2009-0177-judgment.pdf
This link is to a case that might be read, analysed and discussed -
particularly in regard to what "theory of knowledge" best explains the process
of judicial- decison-making e.g. CA vs. PS.
In particular, CA fan-boys might want to look closely at the dissenting
judgment which arguably is based on a CA of what it is for a condition to be
"independent of nationality".
Everyone else can get on with something more interesting.
DL
On Tuesday, 1 March 2016, 18:36, Lawrence Helm
<lawrencehelm@xxxxxxxxxxxxxx> wrote:
Huizinga describes "things presenting themselves to the mind in violent
contrasts and impressive forms," lending "a tone of excitement and
passion to everyday life" tending "to produce that perpetual oscillation
between despair and distracted joy, between cruelty and pious tenderness
. . . ." He mentions the various bells and reasons for their ringing,
the frequent processes, "and, lastly, most frequent of all, one might
almost say, uninterrupted, the executions. The cruel excitement and
coarse compassion raised by an execution formed an important item in the
spiritual food of the common people. They were spectacular plays with a
moral. For horrible crimes the law invented atrocious punishments. At
Brussels a young incendiary and murderer is placed in the centre of a
circle of burning fagots and straw, and made fast to a stake by means of
a chain running round an iron ring. He addresses touching words to the
spectators, 'and he so softened their hearts that every one burst into
tears and his death was commended as the finest that was ever seen.'
During the Burgundian terror in Paris in 1411, one of the victims,
Messire Mansart du Bois, being requested by the hangman, according to
custom, to forgive him, is not only ready to do so with all his heart,
but begs the executioner to embrace him. 'There was a great multitude of
people, who nearly all wept hot tears.'
"When the criminals were great lords, the common people had he
satisfaction of seeing rigid justice done, and at the same time finding
the inconstancy of fortune exemplified more strikingly than in any
sermon or picture. The magistrate took care that nothing should be
wanting to the effect of the spectacle: the condemned were conducted to
the scaffold, dressed in the garb of their high estate. Jean de
Montaigu, grand maitre d'hotel to the king, the victim of Jean sans
Peur, is placed high on a cart, preceded by two trumpeters. He wears
his robe of state, hood, cloak, and hose half red and half white, and
his gold spurs, which are left on the feet of the beheaded and suspended
corpse. By special order of Louis XI, the head of maite Oudart de
Bussy, who had refused a seat in the Parliament, was dug up and
exhibited in the market-place of Hesdin, covered with a scarlet hood
lined with fur 'selon la mode des conseillers de Parlement,' with
explanatory verses."
If some great philosopher convinced a majority of society that
capital punishment was valuable and ought to be reinstated, and it was,
and beyond that was televised, would these executions get good ratings?
Perhaps the sponsors would say the current methods weren't show-worthy
and earlier methods, burning at the stake or beheadings would improve
ratings. Would viewers respond as they did in the 14th and 15th
centuries? In the meantime we have such lawyer-created expressions as
"cruel and unusual punishment" prohibiting that sort of thing, and those
condemned to death left sitting cruely and unusually year after year in
lonely cells.
Lawrence
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