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The Language of Murder Cases describes fifteen court cases for which Roger Shuy served as an expert language witness, and explains the issues at stake in those cases for lawyers and linguists. Investigations and trials in murder cases are guided by the important legal terms describing the mental states of defendants-their intentionality, predisposition, and voluntariness. Unfortunately, statutes and dictionaries can provide only loose definitions of these terms, largely because mental states are virtually impossible to define. Their meaning, therefore, must be adduced either by inferences and assumptions, or by any available language evidence-which is often the best window into a speaker's mind. Fortunately, this window of evidence exists primarily in electronically recorded undercover conversations, police interviews, and legal hearings and trials, all of which are subject to linguistic analysis during trial. This book examines how vague legal terminology can be clarified by analysis of the language used by suspects, defendants, law enforcement officers, and attorneys. Shuy examines speech events, schemas, agendas, speech acts, conversational strategies, and smaller language units such as syntax, lexicon, and phonology, and discusses how these examinations can play a major role in deciding murder cases. After defining key terms common in murder investigations, Shuy describes fifteen fascinating cases, analyzing the role that language played in each. He concludes with a summary of how his analyses were regarded by the juries as they struggled with the equally vague concept of reasonable doubt.
Die groot anders-maak (1964) is die tweede deel van Jan Rabie se reeks prosawerke oor die vroee geskiedenis aan die suidpunt van Afrika, wat onder die algemene titel Bolandia verskyn het. Die eerste deel was Eiland voor Afrika (1964), die derde deel Waar jy sterwe (1966) en die vierde Ark (1977). Toe die eerste wit trekboere die berge tussen die Boland en die Karoo oorgesteek het op soek na nuwe weiding vir hul steeds aangroeiende veetroppe, was dit die begin van die einde vir die onafhanklike leefwyse van die Khoi-Khoi wat so lank die heersers oor die uitgestrekte vlaktes was. Aan die hand van die lotgevalle van die Hottentotvrou Keas, wat die witmense se lewenswyse leer ken en aanvaar het, maar dan probeer om na haar volk terug te gaan en ontdek dat hulle reeds tot ondergang gedoem is, teken Jan Rabie in Die groot anders-maak die sedelike en fisieke verval van 'n trotse ras en eiesoortige lewensvorm wat nie kon staande bly teen die invloede wat van die nuwe, Europese, intrekkers uitgegaan het nie. "Rabie se [Bolandia]-tetralogie [is] een van die deurtastendste verkennings van die Afrikaner se herkoms en identiteit en - veral wat Die groot anders-maak en Waar jy sterwe betref - 'n waardige bydrae tot die "roots"-verkenning in die hedendaagse literatuur"- JC Kannemeyer. "Die hele verwikkeldheid van ons vroee geskiedenis kristalliseer hier. " - Anna van Zyl, Kriterium. This novel was published in 1964 as part of a series of novels depicting the early history of Southern Africa, and was regarded as Rabie's best novel. When the first white farmers crossed the mountains from the Boland into the Karoo it was the beginning of the end for the Khoikhoi people who had lived in these parts for so long. This is the poignant story of the decline of a once proud race.
Traditionally, courts adjudicate fundamental rights cases by applying substantive tests of reasonableness or proportionality. Increasingly, however, European courts are also expressly taking account of the quality of the procedure that has led up to a fundamental rights interference. Yet this procedural review is far from uncontroversial. There still is a lack of clarity as to what 'procedural review' really means, what its potential for judicial decision-making is, how it relates and should relate to substantive review, and what its limitations are. Featuring contributions from experts in the field, this book is the first in-depth study into procedural review, considering the theoretical and conceptual issues at play, as well as the applicability of procedural review in different legal systems. It will therefore be of great importance to scholars and practitioners interested in fundamental rights adjudication in Europe, judicial reasoning and procedural justice.
Die vom Institut fA1/4r Kirchenrecht und rheinische Kirchenrechtsgeschichte an der Rechtswissenschaftlichen FakultAt der UniversitAt zu KAln betreute Sammlung a žEntscheidungen in Kirchensachen seit 1946a oe bietet die Judikatur staatlicher Gerichte zum allgemeinen Religionsrecht und zum VerhAltnis von Kirche und Staat. Die Sammlung ist die einzige ihrer Art im deutschsprachigen Raum. Bislang sind 39 BAnde mit fast 2800 Entscheidungen aus allen Gerichtszweigen erschienen. Sie bilden zugleich ein Dokument der Zeitgeschichte. Ab Band 39 wird die fA1/4r die VerhAltnisse in Deutschland relevante Rechtsprechung europAischer GerichtshAfe in die Sammlung einbezogen. Der vorliegende Band 40 umfasst die Entscheidungen in Kirchensachen fA1/4r den Zeitraum 1.1.2002 bis 30.6.2002.
This volume is a step-by-step guide to drawing techniques. It teaches both technical drawing and freehand sketching and has special units with applications for mechanical and chemical engineering. Based on the South African Bureau of Standards Code of Practice for Engineering Drawing (SABS 0111).
Numbering an estimated 164 million globally, migrant workers are an essential component of contemporary businesses. Despite their number and indispensability in the global economy, migrant workers frequently lack the legal protections enjoyed by other workers. They work in sectors where jobs are isolated, and they lack advocates and trade union representation. They may also be undocumented, further eroding their capacity to advance their rights. Migrant workers suffer workplace violations that range from underpayment of wages and unsafe work conditions to sexual assault and industrial manslaughter. How much does this exploitation vary across different countries? What explains differences and similarities among migrant worker destinations? In Patterns of Exploitation, Anna K. Boucher answers these questions by looking at workplace violations across four major immigration countries: the United States, Australia, Canada, and the United Kingdom. Incorporating interviews, the Migrant Worker Rights Database, and in-depth analysis of court cases, Boucher uses legal storytelling to document individual migrant experiences and assess the patterns of exploitation that emerge in case narratives. Migrant experiences vary across ethnicity, gender, occupational sector, visa status, trade union membership, and enforcement policy, as well as the industrial relations systems within a destination country. Boucher lays out the kinds of exploitation to which migrants are subjected, the patterns discernible within migrant workers' experiences, and the solutions that can best protect migrants against workplace violations. This unique mixed-methods approach provides a novel understanding of migrant workplace violations across a variety of immigration contexts.
This is the universal story of families that leave behind their home and community, in search of a better life. But it is also a secret history that is long overdue. The author tells the story of his Chinese-South African family over three generations, from the early 1900s to today. He writes about the young boy Ah Leong, who left China in 1911 for the unknown land of South Africa. He also tells the story of his Prussian great-grandmother, whose family tried to have her marriage to a Chinese merchant from Mauritius annulled.
The original manuscript of these diaries, which present an eye-witness record of historical events in the worlds of art and music at the turn of the century, lay unread in the library of an American university until Antony Beaumont read it in search of the truth about Mahler-Werfel and Zemlinsky. But he found more: an account, in intimate detail, of the four years during which Mahler-Werfel grew from adolescence into womanhood. Opening with her first, heady affair with Klimt, the diaries break off shortly before her marriage to Mahler. They portray the vitality of everyday life, descriptions of significant artistic events, and insights into the behavioural patterns and linguistic conventions of the Vienna of 1900.
A fifth magical adventure about everyone's favourite witch-in-training. Witches and magic, spells and potions... there's so much to learn when you are a witch-in-training! The fifth adventure for ten-year-old Jessica, who is training to be a witch with the legendary Miss Strega. Jess discovers that flying wasn't always as simple as jumping on a broom and that, long ago, witches had to fight for the right to fly. To find out more, Jessica learns how to Spell Backwards, that is, to go back in time...
This is a manuscript, anecdote, lyrical description, humour and pathos. It gives a very vivid impression of growing up in a poor farming family in Namaqualand round about the Second World War, and is also a tragic story of a family struggling to keep hold of their land in the face of official persecution. The author writes very movingly of the theft of land from the indigenous population of Namaqualand, and specifically from the narrator's family. This amounts to a continuous process of unfair appropriation and trickery by the authorities, dating from the 1850s and continuing through to the present day.
On the occasion of the 65th birthday of Dieter Reuter, an academic legal colloquium was held under the title Formal Ethics of Freedom or Substantive Ethics of Responsibility in his honor on the 15th and 16th of October 2005 in Kiel. The available volume includes the four main lectures as well as the discussion reports from the colloquium."
Offering the most thought-provoking introduction to EU law. Written in a highly readable narrative style, the book provides students with a succinct yet sophisticated analysis of the core aspects of the subject, while also equipping them with the tools for further exploration. Figures and tables clarify complex ideas and processes, and a guide to finding and reading EU judgments offers valuable practical support. This carefully structured guide brings clarity to a broad and multifaceted subject.
This new and updated edition provides a scholarly and practical analysis of the legal principles which govern the formation of contracts in English law, offering those involved in litigation and in drafting contracts a guide to the application of those principles in practice. The book comprehensively reviews all the classical rules governing contract formation with extensive coverage of difficult areas such as certainty, conditional contracts, good faith negotiations, auctions, tenders, on-line contracting, and the assessment of conduct and silence in contract formation. It also discusses the efficacy, problems, and rules around modern contracting, in particular the use of heads of agreement, letters of intent, letters of comfort, and the methods of resolving a battle of the forms. This latest edition has been updated to reflect significant court decisions such as Devani v Wells [2019], which ruled on the extent to which implied terms can be used to overcome issues of uncertainty and completeness, as well as Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd [2016] which considered the extent to which issues of contract formation involved issues of law or fact. Although this work is based on English law, the authors draw upon decisions in other jurisdictions such as Australia, Canada, the United States, Singapore, and New Zealand, where these inform the development of principles in English law.
Before the 1970s, "biblical archaeology" was the dominant research
paradigm for those excavating the history of Palestine. Today this
model has been "weighed in the balance and found wanting." Most now
prefer to speak of "Syro/Palestinian archaeology." This is not just
a nominal shift but reflects a major theoretical and methodological
change. It has even been labeled a revolution. In the popular mind,
however, biblical archaeology is still alive and well.
This textbook presents an engaging and thorough examination of the law in Northern Ireland. It guides students through the evolution of law-making, the legislative process, courts, and case law and presents a clear overview of the fundamental rules and principles of international law, public law, criminal law, and private law. It contextualises the myriad legal institutions operating in the jurisdiction, sets out how criminal and civil proceedings work in practice, and provides useful information on how people become lawyers, what lawyers actually do once they become qualified, and how the legal system is funded. The appendices set out sample sources of law so that readers can familiarise themselves with what is involved in handling legal documents. This edition has been updated following recent legal developments in Northern Ireland including the 'New Decade, New Approach' agreement of 2020 and the different elements of the power-sharing government, such as the proposed Languages Bill and the Northern Ireland (Ministers, Elections and Petitions of Concern) Bill. It explains the effect of Brexit, in particular the new concept of ‘retained EU law’ and the effect of the Ireland / Northern Ireland Protocol to the EU-UK Withdrawal Agreement. Setting out the implications of the recent UK-wide reviews of administrative law and the Human Rights Act for Northern Ireland, the book examines the work of the shadow Civil Justice Council and Family Justice Board and looks at the latest developments in the reform of abortion law. It explores new Assembly legislation that addresses the use of committal proceedings in criminal cases, the protection afforded to victims of domestic violence, and the rights of other victims, for example in relation to compensation for victims and survivors of the troubles and the appointment of an interim Victims of Crime Commissioner.
This study of the regulation of sexuality in the Qing dynasty explores the social context for sexual behavior criminalized by the state, arguing that the eighteenth century in China was a time of profound change in sexual matters. During this time, the basic organizing principle for state regulation of sexuality shifted away from status, under which members of different groups had long been held to distinct standards of familial and sexual morality. In its place, a new regime of gender mandated a uniform standard of sexual morality and criminal liability across status boundaries—all people were expected to conform to gender roles defined in terms of marriage. This shift in the regulation of sexuality, manifested in official treatment of charges of adultery, rape, sodomy, widow chastity, and prostitution, represented the imperial state’s efforts to cope with disturbing social and demographic changes. Anachronistic status categories were discarded to accommodate a more fluid social structure, and the state initiated new efforts to enforce rigid gender roles and thus to shore up the peasant family against a swelling underclass of single, rogue males outside the family system. These men were demonized as sexual predators who threatened the chaste wives and daughters (and the young sons) of respectable households, and a flood of new legislation targeted them for suppression. In addition to presenting official and judicial actions regarding sexuality, the book tells the story of people excluded from accepted patterns of marriage and household who bonded with each other in unorthodox ways (combining sexual union with resource pooling and fictive kinship) to satisfy a range of human needs. This previously invisible dimension of Qing social practice is brought into sharp focus by the testimony, gleaned from local and central court archives, of such marginalized people as peasants, laborers, and beggars.
Religious dimension of contemporary conflicts and the rise of faith-based movements worldwide require policymakers to identify the channels through which religious leaders can play a constructive role. While religious fundamentalisms are in the news every day, we do not hear about the potential and actual role of religious actors in creating a peaceful and just society. Countering this trend, Sandal draws attention to how religious actors helped prepare the ground for stabilizing political initiatives, ranging from abolition of apartheid (South Africa), to the signing of the Lome Peace Agreement (Sierra Leone). Taking Northern Ireland as a basis and using declarations and speeches of more than forty years, this book builds a new perspective that recognizes the religious actors' agency, showing how religious actors can have an impact on public opinion and policymaking in today's world.
The free flow of information and services around the world via the Internet constantly creates new issues and problems, such as rules of jurisdiction and applicable law, how new products and services should be regulated and many more. The sixth edition is updated with numerous new practical examples, cases (court cases and ICO complaint cases), laws and developments, including the following: * new Brexit legislation across all areas from January 2021 (post Brexit on 31 December 2020); * new Data Protection Act replacing Data Protection Act 2018; * new ePrivacy Regulations (PECR); * new ePrivacy Regulation (EU); * transition of EU registered trade marks and designs into new UK IP rights from 1 January 2021 creating new UK IP rights and new UK rightsholders; * changes in seeking IP protection in EU for UK residents; * changes in UK rightsholders seeking to take infringement actions outside of UK; * status of unregistered IP rights post Brexit; * different impacts on different IP rights; * status of UK commercial contracts, interpretation, and enforceability, * status of pre-existing contracts created prior to Brexit and which refer to EU and UK being in EU; * status, extent and scope of new contracts after Brexit; * UK torts and insurance law as impacted by Brexit; * changes in crime, data retention and international issues; * taxation changes, international relations, international Treaties, and EU * competition, internet, and regulator changes - including Brexit; * new UK caselaw; * news UK regulator cases, decision, sanctions and fines; * new EU caselaw.
Against the Carceral Archive is a meditation upon what author Damien M. Sojoyner calls the “carceral archival project,” offering a distillation of critical, theoretical, and activist work of prison abolitionists over the past three decades. Working from collections at the Southern California Library (Black Panthers, LA Chapter; the Coalition Against Police Abuse; Urban Policy Research Institute; Mothers Reclaiming Our Children; and the collection of geographer Clyde Woods), it builds upon theories of the archive to examine carcerality as the dominant mode of state governance over Black populations in the United States since the 1960s. Each chapter takes up an element of the carceral archive and its destabilization, destruction, and containment of Black life: its notion of the human and the production of “pejorative blackness,” the intimate connection between police and military in the protection of racial capitalism and its fossil fuel–based economy, the role of technology in counterintelligence, and counterinsurgency logics. Importantly, each chapter also emphasizes the carceral archive’s fundamental failure to destroy “Black communal logics” and radical Black forms of knowledge production, both of which contest the carceral archive and create other forms of life in its midst. Concluding with a statement on the reckoning with the radical traditions of thought and being which liberation requires, Sojoyner offers a compelling argument for how the centering of Blackness enables a structuring of the mind that refuses the violent exploitative tendencies of Western epistemological traditions as viable life-affirming practices.
Well-selected and authoritative, Hart Core Statutes provide the key materials needed by students in a format that is clear, compact and very easy to use. They are ideal for use in exams.
Volume 108 of Terrorism: Commentary on Security Documents tackles the contentious issue that appears in the volume's title: "Extraordinary Rendition". Although many commentators and publications have focused on the U.S. policy of such troubling transfers, little focus has been devoted to the reaction to this policy by the rest of the world. In this volume, new General Co-Editor Aziz Huq both presents the key documents demonstrating that reaction and comments authoritatively on what those documents mean for the future of torture-based international transfers. For ease of research, Huq has divided the volume into two sections: the first deals with U.N. and E.U. responses to the U.S. policy, including a case before the U.N. Committee Against Torture, and the second section tours the reports and cases on rendition that have arisen from national jurisdictions, specifically Italy, Sweden, the U.K., ireland, and Canada.
Volume 106 of Terrorism: Commentary on Security Documents ("Terrorist Financing and Money Laundering") guides readers through the complex legal terrain of terrorist financing and money-laundering. Researchers will benefit from the diversity of this volume's selection: from U.S. agency reports on how to implement the recommendations of the 9/11 Commission to the efforts of the European Parliament in seizing assets to two perspectives on how well Saudi Arabia is combating terrorist financing within its borders: the U.S. perspective and the perspective of Saudi Arabia itself. Equally important for researchers is this volume's extensive treatment of U.N. measures on terrorist financing and money laundering. The volume concludes with the full text of the model rules for regulating terrorism-related financial transactions, as promulgated by a joint body of the U.N. and the International Monetary Fund. |
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