A word of apology may be due for the loose arrangement of this paper; but, as an orderly progress through the 600 odd pages of the Didot Scriptores Erotici was out of the question, I have simply taken a number of passages on which I had corrections to propose, appending to each a few lines of comment, and adding, where feasible, a selection of texts amenable, in my judegment, to the same or an analogous treatment. A reading cited with no (...) mark of orgin may be taken as the consenting manuscript tradition ; an asterisk denotes a conjecture of my own. (shrink)

This paper seeks to argue that although fair trial standards are commonly portrayed as a set of minimum coherent standards applicable across a range of different legal traditions, there is a tension between those standards that accentuate the importance of individual will and autonomy and those that emphasise the importance of accurate outcome through an effective defence. This tension has been managed for the most part by enabling individuals to be represented by legal counsel who present the defence on the (...) basis of their clients’ instructions. Human rights law has recognised the importance of legal assistance at trial and pre-trial stages of criminal procedures. Despite this certain developments in domestic and international criminal processes have led to a growing number of cases being decided without an effective defence being provided by legal counsel. Such cases have been disposed on the basis of defendants’ ‘consent’ and this supposed autonomy has held sway over any effective defence. The paper begins by tracing different dimensions of the fair trial standards and exposes a tension between the need for defendants to exercise autonomy over their case and the need for an effective defence. The paper then argues that the right to counsel has acted as a bridge between these two competing demands. Recent developments are then reviewed which have served to impede counsel from providing an effective defence in the interests of the client’s freedom to choose how her case should be handled. The examples examined are the growing number of cases that are pleaded or diverted out of court with no real examination of the strength of the prosecution case, the emergence of special advocates who do not take instructions from defendants and the increasing tendency for defendants to represent themselves in certain types of cases. The paper concludes by arguing that we need to make a sharper distinction between individual rights and procedural standards and argues for greater attention to be given to the latter on the design of criminal procedure. (shrink)

This essay examines how the American Jewish Congress (AJC) designed a legal attack on discrimination based on social science. This campaign led to the creation in 1945 of two new AJC commissions, t...

This chapter contains sections titled: The Benthamite Legacy The Regulation of Proof The “New” Evidence Scholarship Future Directions of the Law of Evidence References.

Cases connected with the troubles in Northern Ireland have been tried by a judge sitting without a jury in `Diplock Courts'. Given the symbolic importance of the jury within the common law tradition, this study offers the first systematic comparison of the process of trial by judge alone with that of trial by jury. The authors determine the impact of the replacement of jury trial with trial by a professional judge on the adversarial character of the criminal trial process.

If only from a sense of duty, I have filled the evident lacuna, so as to safeguard the κα and furnish some little excuse for the copyist . There remains, however, the melancholy fact that Callirrhoe was consigned to her living grave as a consequence, not of γωνα in any known or imaginable sense of the word, but of a profound swoon produced by a kick from Chaereas; whose foot, says Chariton in his best manner, εστχως κατ το διαφργματος νεχθες (...) πσχε τς παιδς τν ναπνον . I have therefore restored a common word for ‘unconsciousness’ : cf. II 5 γενομνην δ με φ ω ν ο ν ξ αφνιδου πτώματος θαψαν ο γονες πολυτελς, I 2 φωνος εθς ν κα σκτος ατς τν φθαλμν κατεχθη, I 4 fin. Καλλιρρη μν ον φωνους κα πνους κειτο νεκρς εκνα πσι παρχουσα, and so frequently. The same change is imperative at Xen. Eph. III 6 σκηφαμνη δ φων κατειλθαι, κλευσεν ατ τινι τν δωρ νεγκεν. The confusion is simple and occurs, for instance, at Max. Tyr. i, where Markland restored διαφωνας for διαγωνας. As for the sequence φωνας … ρρηξε φωνν, neither the author nor his readers could have even been aware of it: the weakness which deters the modern from the equivalents of δωκεν ποδοναι , συνπεμψε παραπμψοντας , παμμγεθες λκον, ταρτρειον τ μγεθος , χωρα δσιππα πρς τν ππον , δυσδοδον χει τν προδον , ποκατστησαν ες τν ρχααν κατστασιν , στελλομν βασιλες πστειλεν , and all their numberless analogues, was to the Greeks foolishness. On that point the judgment of Chariton was as sound as that of Pascal. (shrink)

If only from a sense of duty, I have filled the evident lacuna, so as to safeguard the κα and furnish some little excuse for the copyist. There remains, however, the melancholy fact that Callirrhoe was consigned to her living grave as a consequence, not of γωνα in any known or imaginable sense of the word, but of a profound swoon produced by a kick from Chaereas; whose foot, says Chariton in his best manner, εστχως κατ το διαφργματος νεχθες πσχε (...) τς παιδς τν ναπνον. I have therefore restored a common word for ‘unconsciousness’ : cf. II 5 γενομνην δ με φ ω ν ο ν ξ αφνιδου πτώματος θαψαν ο γονες πολυτελς, I 2 φωνος εθς ν κα σκτος ατς τν φθαλμν κατεχθη, I 4 fin. Καλλιρρη μν ον φωνους κα πνους κειτο νεκρς εκνα πσι παρχουσα, and so frequently. The same change is imperative at Xen. Eph. III 6 σκηφαμνη δ φων κατειλθαι, κλευσεν ατ τινι τν δωρ νεγκεν. The confusion is simple and occurs, for instance, at Max. Tyr. i, where Markland restored διαφωνας for διαγωνας. As for the sequence φωνας … ρρηξε φωνν, neither the author nor his readers could have even been aware of it: the weakness which deters the modern from the equivalents of δωκεν ποδοναι, συνπεμψε παραπμψοντας, παμμγεθες λκον, ταρτρειον τ μγεθος, χωρα δσιππα πρς τν ππον, δυσδοδον χει τν προδον, ποκατστησαν ες τν ρχααν κατστασιν, στελλομν βασιλες πστειλεν, and all their numberless analogues, was to the Greeks foolishness. On that point the judgment of Chariton was as sound as that of Pascal. (shrink)

The Human Mind undertakes two tasks. One is to demonstrate that centuries of debate over how to state correctly the nature of the human mind and its relation to the human body arise from muddled thinking. By attending with care to ordinary, everyday language, this bogus thinking is exposed. The traditional distinction between the human mind and the human body is revealed as misbegotten. For that reason it is to be junked, along with centuries of misguided competing theories. The second (...) task is to draw attention to an alternative distinction we already make in everyday language. It is the distinction between a person and that person’s body. A previously undetected set of arrangements in everyday language is teased into full view to expose the character of a person’s physical and mental capacities. This set of arrangements applies to talk of all human capacities, such as the capacities to think, make a promise, dislike, be annoyed, turn left or reach for a banana. There is one simple pattern or formula that personal capacities have in common. To understand this arrangement in everyday language is to have the key to authentic understanding of the human mind and its place in the universe. (shrink)

“Hot seating” is a form of creative drama in which the participants play themselves but imagine themselves in someone else’s position, some taking the role of interrogators and others the role of persons in the “hot seat”. This paper documents the case of marketing students who dramatised an ethics enquiry supposedly held under the auspices of a professional marketing association to investigate breaches in its code of professional conduct. Interpretive research, in the form of a cartoon test, was employed to (...) examine the contribution of the educational drama activity to student perceptions of learning within a role-playing experientially-based marketing unit at an Australian University. Findings reveal that students preferred the hot-seating exercise to conventional teaching methods in terms of enjoyment, “real-life” experience, new understandings of both marketing and ethics, and their motivation to learn more about marketing ethics implications for themselves, customers and the profession. Strategically, the convention was found to involve the students emotionally and intellectually with some intensity, while revealing that some students may be fearful of the drama or even over-stimulated by the sometimes tense and powerful environment.This pedagogical approach was also seen to be particularly suitable for instruction for the delicate, contentious and personal issues often raised by ethics. (shrink)