By Desmond Manderson
Dying is the single ineradicable truth of being human and the way we expect approximately it really is critical to our knowing of, and engagement with, the realm. Our human and cultural building of loss of life and death shapes the constitution and function of our associations and has underpinned the paintings of students and philosophers down the a long time. In its association and values, its shape and content material, its development of the previous and of the longer term, the connection among legislation and mortality continues to be probably the most confusing and undertheorised elements of the criminal process, no matter if facing AIDS, euthanasia, sadomasochism, "mercy killings", homicide, the judicial overview of the best to die or the legal loss of life sentence. This assortment brings jointly students from Australia, Britain and the U.S. to re-examine the connection among loss of life and the legislations, in ways in which could be of curiosity to poststructural philosophers and felony theorists and to cultural theorists and practitioners in a much broader box.
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Extra resources for Courting Death: The Legal Constitution of Mortality (Law and Social Theory)
195. Ronald Dworkin, Taking Rights Seriously (London: Duckworth, 1977) ch. 8. See Roger Hood, The Death Penalty: A World-wide Perspective (Oxford: Clarendon Press, 1996) p. 23. Ct. 1127 (1994) provides a good coverage in these terms. g. Peter Goodrich, Languages of Law: From Logics of Memory to Nomadic Masks (London: Weidenfeld and Nicholson, 1990) ch. 6. , Capital Punishment in the United States of America: A Review of the Issues (London: Parliamentary Human Rights Group, 1996) p. 18. Cf. , pp.
It seems incongruous that if imminent death creates an obligation ‘equal to that which is imposed by a positive oath’ that the circumstances of its application should be so limited. In both cases, the application of the rule undermines its underlying rationale. Its formal structure of certain, fixed criteria for application in certain, fixed circumstances, leaves no room for a consideration of factors which would distinguish those situations in which a dying Dying Declarations and the Terror of Süssmayr 45 declaration might be true, from those in which it might not.
14 Why this context should be treated by Chief Baron Eyre as ‘creating an obligation equal to that which is imposed by a positive oath administered in a Court of Justice’15 is nowhere made clearer than in the Requiem. For the text and music of the Requiem sound with two themes: the certainty of divine judgment, and the terror of divine punishment. In this classical document, we hear/say a spiritual world view in which the imminence of death did indeed guarantee truth. The dying declaration was a statement made not just in the absence of life – ‘when every hope of this world is gone: when every motive to falsehood is silenced’ – but rather in the presence of a judge more solemn and awful than any human institution.