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
General Science Creationist lawsuit thrown out 13 Sep 2007 Larry Caldwell, a well-known proponent of antievolutionism, tried and failed to get “the controversy” taught in the school district of his kids’ school. He failed, so he sued the school board because he was “discriminated against… for being Christian”. The suit was just thrown out. What bothers me is not… Read More
Politics The wealthy are often sociopathic. Why? 15 Aug 201827 Feb 2019 I have been encountering, in these days of political “incorrectness” (i.e., bastardry), more and more well-to-do folk who treat other folk as if they were lesser beings. Ranging from stepping over homeless people (literally) to failing to give way when you drive a Korean car and they a European one… Read More
Australian stuff 100 days to the Australian federal election *sigh* 6 Jun 20137 Jun 2013 As we count down to the election that we have to have, a few observations are in order. 1. The two main parties are effectively indistinguishable. Both are serving corporatist interests, not the interests of the people. Both have a xenophobic and borderline racist view of refugees contrary to Australia’s treaty… 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