Tag: Myth of the rule of law

The Real World of the Rule of Law, Part 9: The So-Called Right to Remain Silent

Introduction As some of the left fall all over themseves referring to the genocide in Gaza and the West Bank as a breach of international law without gaining any criticial distancing from the limitations of "the law," , the actual nature of law and its procedural acrobatics lies hidden. It is better to remind workers, … Continue reading The Real World of the Rule of Law, Part 9: The So-Called Right to Remain Silent →

The Real World of the Rule of Law, Part 8: So-Called Voluntary Statements Made by a Charged Person Include Many Actions that a Normal Person Would Not Define as Voluntary

Introduction As some of the left fall all over themseves referring to the genocide in Gaza and the West Bank as a breach of international law without gaining any criticial distancing from the limitations of "the law," , the actual nature of law and its procedural acrobatics lies hidden. It is better to remind workers, … Continue reading The Real World of the Rule of Law, Part 8: So-Called Voluntary Statements Made by a Charged Person Include Many Actions that a Normal Person Would Not Define as Voluntary →

The Real World of the Rule of Law, Part 7: From Citizen to Accused, and then From Citizen to Suspect with the Emergence of the Police

Introduction As some of the left fall all over themseves referring to the genocide in Gaza and the West Bank as a breach of international law without gaining any criticial distancing from the limitations of "the law," , the actual nature of law and its procedural acrobatics lies hidden. It is better to remind workers, … Continue reading The Real World of the Rule of Law, Part 7: From Citizen to Accused, and then From Citizen to Suspect with the Emergence of the Police →

Critical Education Articles Placed in the Teacher Staff Lounge While I Was a Teacher, Part Thirty-Two: The Attack on Unions by Employers and the Government

This is a continuation of a series of posts on summaries of articles, mainly on education. When I was a French teacher at Ashern Central School, in Ashern, Manitoba, Canada, I started to place critiques, mainly (although not entirely) of the current school system. At first, I merely printed off the articles, but then I … Continue reading Critical Education Articles Placed in the Teacher Staff Lounge While I Was a Teacher, Part Thirty-Two: The Attack on Unions by Employers and the Government →

The Real World of the Rule of Law, Part 6: The Rhetorical Right Not to Be Interrogated Once Charged Versus the Reality of the Right of Police to Interrogate

Introduction As some of the left fall all over themseves referring to the genocide in Gaza and the West Bank as a breach of international law without gaining any criticial distancing from the limitations of "the law," , the actual nature of law and its procedural acrobatics lies hidden. It is better to remind workers, … Continue reading The Real World of the Rule of Law, Part 6: The Rhetorical Right Not to Be Interrogated Once Charged Versus the Reality of the Right of Police to Interrogate →

Legality Involves the Legitimation of Many Appalling Actions

John Clarke, former major organizer for the Ontario Coalition Against Poverty, recently posted the following on Facebook; it expresses well the reality of the rule of law and not its rhetoric. John Clarke The real scandal isn't lawbreaking by people with political and economic power but all the appalling things they are able to do … Continue reading Legality Involves the Legitimation of Many Appalling Actions →

The Real World of the Rule of Law: Courts as Oppressive Organizations, Part Five: The Rhetoric of the Need for a Warrant Versus the Reality

Introduction This is a continuation of a series that exposes the reality of courts as part of the exposure of the reality of the rule of law. The series involves quotes from the book by Doreen McBarnet (1983) Conviction: Law, the State and the Construction of Justice as well as short commentaries related to the … Continue reading The Real World of the Rule of Law: Courts as Oppressive Organizations, Part Five: The Rhetoric of the Need for a Warrant Versus the Reality →

The Real World of the Rule of Law: Courts as Oppressive Organizations, Part Four: To Resist or Not to Resist the Police

Are You Arrested? The Ambiguity of Being Detained by the Police When a police officer stops a citizen, an immigrant or a migrant worker, it may be understandably unclear whether s/he is arrested or not and what s/he can do or not do if stopped by the police. From McBarnet, page 36: Arrest-that is, the … Continue reading The Real World of the Rule of Law: Courts as Oppressive Organizations, Part Four: To Resist or Not to Resist the Police →

The Real World of the Rule of Law: Courts as Oppressive Organizations, Part Three: Arbitrary Arrest and Police as Privileged Citizens

Introduction This is a continuation of a series that exposes the reality of courts as part of the exposure of the reality of the rule of law.  The series involves quotes from the book by Doreen McBarnet (1983) Conviction: Law, the State and the Construction of Justice as well as short commentaries related to the … Continue reading The Real World of the Rule of Law: Courts as Oppressive Organizations, Part Three: Arbitrary Arrest and Police as Privileged Citizens →

The Real World of the Rule of Law: Courts as Oppressive Organizations, Part Two: The Case, Not the Truth, is Relevant in Court Proceedings

Introduction This is a continuation of a previous post (The Real World of the Rule of Law: Courts as Oppressive Organizations, Part One). I explored how judges influence what juries define as "reasonable doubt." As I indicated in the previous post: The following series of posts are meant to complement the series of posts on the … Continue reading The Real World of the Rule of Law: Courts as Oppressive Organizations, Part Two: The Case, Not the Truth, is Relevant in Court Proceedings →