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
Accommodationism Accommodating science: Faith and reason 5 Mar 2014 [This is the penultimate chapter. I can’t be bothered trying to get the references or footnotes included in the posts, so you’ll have to wait for the book. Some of this has appeared on the blog before in less well written form, so don’t worry about the deja vu] All… Read More
Australian stuff Gillard not wonderful: opposes gay marriage 30 Jun 2010 Julia Gillard has said she opposes gay marriage. Why? She doesn’t say. But there has to be a reason, so what could they be? 1. She dislikes it and thinks she can impose her preferences on everyone no matter what the implications or rights of those concerned. 2. She is… Read More
Education How immigration restrictions are starting to hurt academic research 1 Nov 2009 Jorge Cham of PhD Comics was nearly deported from the UK recently. His story is most interesting, and somewhat scary: From here. Part one here. Who doesn’t believe that we allowed terrorism to win? 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