Tag: Rhetoric 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 →

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 →

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 →

The Real World of the Rule of Law: Courts as Oppressive Organizations, Part One

Introduction  The following series of posts are meant to complement the series of posts on the issue of reforming versus abolishing the police (see for example Reform or Abolition of the Police, Part One or Reform Versus Abolition of the Police, Part 8: The Police and the Political Economy of Capitalism). The following is mainly a series … Continue reading The Real World of the Rule of Law: Courts as Oppressive Organizations, Part One →