On torture 6 Sep 2007 “It is incredible what people say under the compulsion of torture, and how many lies they will tell about themselves and about others; in the end whatever the torturers want to be true is true.” Friedrich Spee von Lagenfeld, S.J., 1633 Politics
Politics Student database to attract hackers 17 Jun 2008 Okay, so while we’re bagging on Queensland, here’s a couple of articles (Ars Technica, ZDNet) on a proposed and apparently non-negotiable database of Queensland students, including their things like photos, career aspirations, off-campus activities, contact information, behavior records, attendance, and performance records. But don’t worry: the minister has declared that… Read More
Education Science Communication and the Business Model 22 Mar 2009 There are a lot of folk who think they have a handle on how to communicate science to the general public, and a lot of folk, mostly scientists, who think nobody else does. But I was reading Carl Zimmer’s twittering today, about Rebecca Skoot getting a column gig for a… Read More
Ecology and Biodiversity How not to Feyerabend 5 Oct 2007 On Monday night last, Jason Grossman, a philosopher form the Australian National University rang me with an idea. He was coming to my university to give a talk entitled “How to Feyerabend”, arguing that Feyerabend was a dadaist rather than an anarchist. I’d tell you more about his talk, but… Read More
We have seen that the use of torture, though illegal by the common law, was justified by virtue of the extraordinary power of the crown which could, in times of emergency, override the common law. We shall see that Coke in the earlier part of his career admitted the existence of this extraordinary power. He therefore saw no objection to the use of torture thus authorized. But we shall see that his views as to the existence of this extraordinary power changed, when the constitutional controversies of the seventeenth century had made it clear that the existence of any extraordinary power in the crown was incompatible with the liberty of the subject. It is not surprising therefore, that, in his later works, he states broadly that all torture is illegal. It always had been illegal by the common law, and the authority under which it had been supposed to be legalized he now denied. When we consider the revolting brutality of the continental criminal procedure, when we remember that this brutality was sometimes practised in England by the authority of the extraordinary power of the crown, we cannot but agree that this single result of the rejection of any authority other than that of the common law is almost the most valuable of the many consequences of that rejection. Torture was not indeed practised so systematically in England as on the continent; but the fact that it was possible to have recourse to it, the fact that the most powerful court in the land sanctioned it, was bound sooner or later to have a demoralising effect upon all those who had prisoners in their power. Once torture has become acclimatized in a legal system it spreads like an infectious disease. It saves the labour of investigation. It hardens and brutalizes those who have become accustomed to use it. Sir William Holdsworth, A History of English Law, vol 5, 3rd ed (1945), pp 194-195