Are Verdicts Credible? Is it Time to Consider the Truth About Lies?Liverpool Law Review - Tập 33 - Trang 159-170 - 2012
Michael Green
One of the greatest challenges to any Court is to determine the truth in the face of often conflicting evidence. In both the Civil and Criminal Courts, cases stand or fall on what the trier of fact determines is true. In civil cases, this is often a Judge sitting alone, whereas in criminal matters the tribunal of fact is usually a jury. The standard of proof required in criminal cases is “beyond r...... hiện toàn bộ
The Perversions of History: Constitutionalism and Revolution in Burke’s ReflectionsLiverpool Law Review - Tập 31 - Trang 207-232 - 2010
Ian Ward
Edmund Burke’s Reflections on the Revolution in France is one of the defining texts in the history of English constitutional thought. It is conservative in its overt defence of England’s ancient constitution, and in particular the twin bulwarks of Church and Crown. In more immediate terms, it was written against those who appeared to sympathise with the principles of the French revolution, men suc...... hiện toàn bộ
Equal Pay and the Equality Act 2010: An Accidental Paradox in Need of Change?Liverpool Law Review - - Trang 1-19 - 2023
James Hand, Victoria Hooton
The approach in the United Kingdom to sex-based equal pay has for a long time been distinct from general sex discrimination and from equal pay based on other protected characteristics. This dichotomy allows for a greater focus on sex-based equal pay, in a distinct statutory regime, but also risks creating unnecessary, unintended and detrimental distinctions. This article outlines the different leg...... hiện toàn bộ
The Ethics of Plea Bargaining in International Criminal TrialsLiverpool Law Review - Tập 26 - Trang 209-224 - 2005
Ralph Henham
The paper argues that contemporary theoretical and philosophical concerns relating to the practice of plea bargaining in international trials for crimes such as genocide should be seen in the broader context of the perceived legitimacy of international trial justice. The paper questions the capacity of international trial structures to deliver a form of truth which contributes to justice suggestin...... hiện toàn bộ
Miscarriage of Justice? Postcolonial Reflections on the ‘Trial’ of the Maharajah of Baroda, 1875Liverpool Law Review - Tập 28 - Trang 377-403 - 2007
Judith Rowbotham
This article revisits the Baroda Incident 1875, providing a detailed examination of the Enquiry or ‹trial’ for the first time, and locating that examination in the wider socio-cultural context of the nineteenth century British Empire (especially the Raj) and the exporting of the ‹British’/English legal culture to the Empire. The implications of the establishing of British principles of justice, in...... hiện toàn bộ