Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

Self-incrimination --- Silence (Law)

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

Admissible evidence --- Confession (Law) --- Evidence, Criminal --- Silence (Law) --- Procédure pénale -- Grande-Bretagne

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

"This collection brings together a team of outstanding scholars from across the common law to explore the treatment of misleading silence in private law doctrine and theory, embracing a comparative analysis. Whereas previous studies have been contractual in focus, here the topic is explored from across the full spectrum of private law. Its approach encompasses equitable, common law and statutory principles and draws on theoretical, historical, cross-disciplinary and doctrinal perspectives. This is truly a landmark publication in private law, with no equivalent in the common law world. Contributors: Professor Rick Bigwood; Professor Michael Bryan; Professor John Cartwright; Professor Mindy Chen-Wishart; Professor Simone Degeling; Professor Pamela Hanrahan; Professor Luke Harding; Professor Matthew Harding; Professor Catharine MacMillan; Professor Hector MacQueen; Professor Donna Nagy; Justice Andrew Phang; Professor Pauline Ridge; Professor Andrew Robertson; Ms Anna Williams"--

Deception. --- Consent (Law) --- Silence (Law) --- Declaration of intention --- Justification (Law) --- Chicanery --- Deceit --- Subterfuge --- Truthfulness and falsehood --- Intrigue --- Private international law & conflict of laws

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

Is the Miranda warning, which lets an accused know of the right to remain silent, more about procedural fairness or about the conventions of speech acts and silences? Do U.S. laws about Native Americans violate the preferred or traditional "silence" of the peoples whose religions and languages they aim to "protect" and "preserve"? In Just Silences, Marianne Constable draws on such examples to explore what is at stake in modern law: a potentially new silence as to justice. Grounding her claims about modern law in rhetorical analyses of U.S. law and legal texts and locating those claims within the tradition of Nietzsche, Heidegger, and Foucault, Constable asks what we are to make of silences in modern law and justice. She shows how what she calls "sociolegal positivism" is more important than the natural law/positive law distinction for understanding modern law. Modern law is a social and sociological phenomenon, whose instrumental, power-oriented, sometimes violent nature raises serious doubts about the continued possibility of justice. She shows how particular views of language and speech are implicated in such law. But law--like language--has not always been positivist, empirical, or sociological, nor need it be. Constable examines possibilities of silence and proposes an alternative understanding of law--one that emerges in the calling, however silently, of words to justice. Profoundly insightful and fluently written, Just Silences suggests that justice today lies precariously in the silences of modern positive law.

Sociological jurisprudence. --- Justice. --- Silence (Law) --- Law --- Law and society --- Society and law --- Sociology of law --- Jurisprudence --- Sociology --- Law and the social sciences --- Consent (Law) --- Declaration of intention --- Injustice --- Conduct of life --- Common good --- Fairness