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Written by two of the UK’s leading experts on the law of homicide. Contains new information and analysis. Suggests a radical new solution to the ‘mess’ which English homicide law has become. In this powerful account, the authors show that—from Sir Edward Coke’s classic common law definition of murder, through political fixes, poorly thought-out compromises and misguided legislative or Executive tinkering—the English law of homicide is in ‘a mess’. Even the most adept legal minds are faced with what has been described in Parliament as ‘fine lines and distinctions’. What must juries make of messy laws and how can anyone have confidence in criminal justice if laws affecting some of the most serious offences in the criminal calendar are deeply flawed? To make matters worse, the entire subject of homicide in England and Wales is further distorted by the existence of the mandatory life sentence for murder. Building on unrivalled knowledge, extensive research, close practical observation and incisive analysis, Professor Terence Morris and Sir Louis Blom-Cooper QC trace the development of the law of homicide from early times to the present day. They counter and dismantle specious arguments for preserving the status quo and point out that only root and branch reform of the basis of liability for homicide and its sentencing regime will serve to restore justice, fairness and political probity. Professor Terence Morris and Sir Louis Blom-Cooper QC are two of the UK’s leading experts on the law of homicide, having studied developments together for over 50 years. This has led them to recognise the extent of disquiet, especially following ‘particularly troubling cases’ and to conclude that the law of homicide in England and Wales is ‘an unsatisfactory law enveloped in a political fix’. Their suggestion of a replacement single offence of criminal homicide coupled with abolition of the mandatory life sentence for murder in favour of discretion at the sentencing stage demands close study by judges, lawyers, legislators, academics, penal reformers and anyone who senses that something is seriously amiss. 'This is no dry legal tome. The authors present their case in a bracing, persuasive and highly readable way... This is an important and stimulating work that should engage not just the legal practitioner, politician or law student but anyone concerned with our justice system or puzzled by the conduct and outcome of a murder trial': guardian.co.uk 'Fine Lines and Distinctions prompted me to pay more attention to and reflect further on those who have killed. Though its primary focus is the law - specifically a potentially significant improvement to the law - I also warmly recommend it to anyone interested in lifers': Independent Monitor 'This timely, provocative and certainly topical book puts forward a closely argued and well supported case for encouraging "a root and branch reform of the law of homicide" ... [and] provides ample evidence and ammunition to those who would agree that such a reform should be put in place as a matter of urgency': by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers.
Dave Benson is mystified and driven by death-bead visions and wishes of his dear mother. After her death he embarks upon what his partner Gary describes as “Dave’s Odyssey” – a journey that takes him from the Heartland of America to the South, and back into time. Dave encounters far more than he could have imagined, including the paranormal, extraordinary discoveries about his roots, family secrets, as well as coming to terms with identity and orientation. A Fine Line of Distinction: In Search of Roots is a work of historical fiction base, however, on the historical facts of six of the author’s wife’s ancestors who fought for the Confederacy, and two of his own ancestors who fought for the Union. In the novel and in history seven of the eight men converged at the Battle of Sharpsburg (Antietam) in September, 1862; five would survive, one would never admit it.
Eviatar Zerubavel argues that most of the distinctions we make in our daily lives and in our culture are social constructs. He questions the notion that a clear line can be drawn to separate one time or object or concept from another, and presents witty and provocative counterexamples in defense of ambiguity and anomaly.
The Author had entered into this life by rape of a woman without being asked to be born, without having made any effort to get here. A newborn does not know she is alive. There is no realization factor; for the infant is, as if it was, unconscious. An irresistible instinct impels her as she becomes a woman; her life takes a deep plunge felt by the indifferent blows of tragedy, such as dying at a young age, starvation, physical and emotional abuse, financial ruin, automobile accident, divorce and homelessness and the list goes through many situations. Each predicament centers on the story of someone who came into her life. ¬ e fabric of our lives is the sum total of all our experiences. ¬ Thinking back to what shaped the Author, provides a revealing perspective. She did not write these thoughts from a palace. Miriam wrote them while she was going through the roughest times in her life; in journals, on napkins, and on cardboard, on the streets of emptiness. An Atheist meets her Maker - Jesus - again, this time in the dark alley in New York City. ¬ The journey of forgiveness, redemption, healing and restoration provides powerful insight why each person is obliged, in spite of self to investigate on their journey that the human thought is related to the principle reason that nothing is without cause. ¬ ere one discovers that their life is mapped out for a purpose, an assignment, leading into destiny. Her life changes 360 degree as she starts reflecting on her life which propels her into a voyage of the true-self discovery, finding and then knowing the source of life is God. Life is not about finding yourself; it is about discovering who God created you to be.
A most powerful commentary on the law of murder (and other unlawful killings), its history, modern-day development, wholesale deficiencies and unjust penal consequences.
This work analyses Marx's philosophy of nature and shows how it is the basis for his practical philosophy. Previous analysis of Marx's philosophy of nature has considered humans as only natural beings and social beings. But, Marx analyzed humans' relationship to the natural world and to themselves as natural, social, and material. This material feature of human action can server as a basis for social critique and as the foundation for a practical analysis. The first chapter of this book analyzes Marx's philosophy of nature from his early to late works and argues that humans are natural begins that use nature to develop new capacities. This consideration is central in Marx's critiques of Hegel and Feuerbach. The second chapter discusses Marx's material critique of social forms and discusses why the distinction between material action and social action is a key component of Marx critique of capitalism. This chapter also discusses industrial history, ideology, wages, justice, and valorization. The third and final chapter builds on Marx's materialist analysis to develop a standard of practical action that takes human's material activity as its basis. This chapter also discusses classical historical materialist claims, liberal ethical theories, and a practical philosophic consideration of socialism.
Perhaps we are never done with thought, nor should be. If this is indeed the case, then Kant may have been right after all in supposing that folks will never lose interest in metaphysics, in thought thinking thought. But what of academics? Where would we find these days a comprehensive treatment of pure reason, of the epochs of its origins and accomplishments, that is not just another collection of interpretations of source texts in translation? This study introduces philosophy students and professionals to the logotectonic method of conception as developed by Heribert Boeder, a pupil of Martin Heidegger, which is broadly structuralist in its approach but endeavors to make evident how the principles of rationality governing the Occidental tradition of ó (logos) even those dictated by the animus of our post/modern world of thought in opposition to it are, in fact, founded upon the nature of pure reason itself, the intellect, the discipline, and the art of which can be understood as constituting a unique language containing a vocabulary of distinguished terms, a syntax that determines their ratios, and rules of inference with which these terms of principle, insight, and issue are built into trains of thought about thought, every thought. As a result, the wisdom of the Muses (Homer, Hesiod, Solon), of the Holy Spirit (the Synoptic Narratives of Mark, Luke, and Matthew, the Apostolic Letters of Paul, the Gospel of John), and of Humanity (Rousseau, Schiller, Hölderlin) can be seen to have thrice articulated, in their own terms, a moving vision of our experience with the distinction of human being, inspiring critical reflection to consider the ó as a destiny with regards to which even we, as the thinkers, the doers, and the builders of today, are still learning what it means to make a difference. The Distinction of Human Being offers contemporary thinkers, beginners as well as professionals, a comprehensive reading of the origin and the tradition of metaphysics encompassing the life and times of pure reason as it unfolds across its theoretical, practical, and poetic endeavor the last of which suggests what a philological philosophy might entail and demand of a new generation of friends of wisdom. ** About the Author Thomas Kruger Caplan (born 1961 in Manhattan) has lived for the past 30 years in Europe, for the most part in Germany. He studied literature theory in Paris, philosophy in Osnabrück (Germany) with Heribert Boeder ( 4 December 2013), a pupil of Martin Heidegger, attended experimental theater workshops at the Brunswick University of Fine Arts (Germany), and is currently teaching business English, philosophy, cultural history, and rhetoric at the Ostfalia University of Applied Sciences (Salzgitter, Germany).
Prompting is the thematic thread that pervades the pages of this book. Its primary connotation is that of the prompter who is urgently called into action, at moments of anxiety, when narrative begins to fail. The central dynamic issue concerns the amending imagination as a prompting resource which, through creativity and the aesthetic imperative, can be invoked in this therapeutic space when the patient - through fear, resistance or distraction - is unable to continue with his story. Psychotherapy can be regarded as a process in which the patient is enabled to do for himself what he cannot do on his own. Shakespeare - as the spokesman for all other poets and dramatists - prompts the therapist in the incessant search for those resonant rhythms and mutative metaphors which augment empathy and make for deeper communication and which also facilitates transference interpretation and resolution. The cadence of the spoken word and the different laminations of silence always call for more finely tuned attentiveness than the therapist, unprompted, can offer. The authors show how Shakespeare can prompt therapeutic engagement with "inaccessible" patients who might otherwise be out of therapeutic reach. At the same time, they demonstrate that the clinical, off-stage world of therapy can also prompt the work of the actor in his on-stage search for representational precision.
This volume reproduces 154 of Russian-American novelist and entomologist Vladimir Nabokov's drawings, few of which have ever been seen in public, and presents essays by ten leading scientists and Nabokov scholars. The contributors underscore the significance of Nabokov's drawings as scientific documents, evaluate his visionary contributions to evolutionary biology and systematics, and offer insights into his unique artistic perception and creativity. Showcasing color drawings of butterflies' distinctive markings and anatomy as well, all as part of his work at the American Museum of Natural History and Harvard's Museum of Comparative Zoology.
This ethnographic study of an urban high school in one of the most diverse cities in the United States examines the role that race plays in the lives of students. At a school publicly celebrated for its integration, academic excellence, and racial harmony, the reality is a different story: that of continuing internal segregation and racial conflicts. Examining the role of race in neighborhood relations, desegregation programs, and school violence, the author uncovers competing racial orders. A gifted magnet program reinforces the notion that being white means being gifted. Conflicts in the schoolyard show a racial bipolarization where Cambodian Americans identify as blacks and Latinos as whites. Applying racial formation theory to ethnographic research, this study reveals how a school racializes its students. But students are not just passive victims of such structural forces. They also creatively shape the way in which race is organized, imagined, and experienced.