Browsing By Tag "criminal law"
CURSORY STRICTURES ON THE CHARGE DELIVERED BY LORD CHIEF JUSTICE EYRE TO THE GRAND JURY, OCTOBER 2 , 1794. =========================================== FIRST PUBLISHED IN THE MORNING CHRONICLE OCTOBER 21 =========================================== LONDON: PRINTED FOR C. AND G. KEARSLWY, N0. 46, FLEET STREET. 1794. CURSORY STRICTURES, &c. A Special Commission was opened on the second day of October, for the trial of certain persons apprehended upon suspicion of High Treason, the greater part of whom were taken into custody in the month of May 1794. Upon this occasion a charge was delivered to the Grand Jury, by Sir James Eyre, Lord Chief Justice of the Court of Common Pleas. It is one of the first privileges of an Englishman, one of the f... (From : Anarchy Archives.)
Free Political Institutions Their Nature, Essence, and Maintenance An Abridgment and Rearrangement of Lysander Spooner's "Trial by jury" EDITED BY VICTOR YARROS LONDON C. W. DANIEL, LTD. 3, Amen Corner, E.C. 1912 CHAPTER 3: TRIAL BY JURY AS DEFINED BY MAGNA CHARTA.-AUTHORITY OF MAGNA CHARTA For more than six hundred years-that is, since Magna Charta in 1215- there has been no clearer principle of English or American constitutional law than that in criminal cases it is not only the right and duty of juries to judge what are the facts, what is the law, and what was the moral intent of the accused, but that it is also their right and their primary and paramount duty to judge of the justice of the law, and to hold all laws invalid that are in their opinion unjust or oppressive, and all persons guiltless in violating or resisting the execution of s...
The Home Secretary, whose private judgment, or the lack of it, is arbiter of life or death for accused Englishmen, has triumphantly vindicated the majesty of the law by causing a Jewish lad to be publicly murdered. The unhappy youth had fled from the horrors of Russian conscription to the worse misery of an exile's life of semi-starvation in London. His brain reeled amid the wretchedness of his lot; he meditated suicide; in reckless despair he is said to have killed a poor woman who balked his desperate search for a few shillings. Victims both of the horrible injustice of society, of the inhuman despotism of the Czar, and the equally inhuman greed of English monopolists of wealth; of the man who sacrifices the lives of others to maintain hi... (From : AnarchyArchives.)
I now understood the words of Jesus: "Ye have heard that it hath been said, An eye for an eye, and a tooth for a tooth: but I say unto you, That ye resist not evil." Jesus' meaning is: "You have thought that you were acting in a reasonable manner in defending yourself by violence against evil, in tearing out an eye for an eye, by fighting against evil with criminal tribunals, guardians of the peace, armies; but I say unto you, Renounce violence; have nothing to do with violence; do harm to no one, not even to your enemy." I understood now that in saying "Resist not evil," Jesus not only told us what would result from the observance of this rule, but established a new basis for society conformable to his doctrine and opposed to the social basis established by the law of Moses, by Roman law, and by the different codes in force to-day. He formulated a new law whose effect would be to deliver humanity from its self-inflicted woes. His declaration was: "You belie...
Proposed Roads To Freedom By Bertrand Russell INTRODUCTION THE attempt to conceive imaginatively a better ordering of human society than the destructive and cruel chaos in which mankind has hitherto existed is by no means modern: it is at least as old as Plato, whose ``Republic'' set the model for the Utopias of subsequent philosophers. Whoever contemplates the world in the light of an ideal--whether what he seeks be intellect, or art, or love, or simple happiness, or all together--must feel a great sorrow in the evils that men needlessly allow to continue, and--if he be a man of force and vital energy--an urgent desire to lead men to the realization of the good which inspires his creative vision. It is this desire which has been the primary force moving the pioneers of Socialism and Anarchism, as it moved the inventors of ideal commonwealths in the past. In this there is nothing new. What is new in Socialism a...
II THE STATE UNDER the influence of socialism, most liberal thought in recent years has been in favor of increasing the power of the State, but more or less hostile to the power of private property. On the other hand, syndicalism has been hostile both to the State and to private property. I believe that syndicalism is more nearly right than socialism in this respect, that both private property and the State, which are the two most powerful institutions of the modern world, have become harmful to life through excess of power, and that both are hastening the loss of vitality from which the civilized world increasingly suffers. The two institutions are closely connected, but for the present I wish to consider only the State. I shall try to show how great, how unnecessary, how harmful, many of its powers are, and how enormously they might be diminished without loss of what is useful in its activity. But I shall admit that in certain directions its functions ought to be...