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Victims' Rights and Victims' Wrongs ::Comparative Liability in Criminal Law /
No full text"Don't blame the victim" is a cornerstone maxim of Anglo-American jurisprudence, but should the law generally ignore a victim's behavior in determining a defendant's liability? Victims' Rights and Victims' Wrongs criticizes the current criminal law approach and outlines a more fair, coherent, and efficient set of rules to recognize that victims sometimes co-author their own losses or injuries. Evaluating a number of controversial cases involving euthanasia, sadomasochism, date rape, battered wives, and "innocent" aggressors, Vera Bergelson builds a theoretical foundation for reform. Her approach to comparative criminal liability takes into account the actions of both the perpetrator and the victim and offers a unitary explanation for consent, self-defense, and provocation. This innovative book supplies a practical and coherent mechanism for evaluating the impact of a victim's conduct on a perpetrator's liability in a variety of circumstances, including those that are now artificially excluded from comparative analysis
Consent To Harm
No full textThis article continues conversation about consent to physical harm started in Vera Bergelson, The Right to Be Hurt: Testing the Boundaries of Consent, 75 Geo. Wash. L. Rev. 165 (2007). Intentionally injuring or killing another person is presumptively wrong. To overcome this presumption, the perpetrator must establish a defense of justification. Consent of the victim may serve as one of the grounds for such a defense. This article puts forward criteria for the defense of consent. One element of the proposed defense is essential to both its complete and partial forms ¨C that consent of the victim be rational and voluntary. In addition, for complete justification, the perpetrator¡¯s reasons for a consensual injurious act should be subjectively benevolent and the act must produce an overall positive balance of harms and evils, including harm to the victim¡¯s welfare interests and dignity. If these requirements are not met, the defense should be only partial
Consent to Harm
No full textThis article continues conversation about consent to physical harm started in Vera Bergelson, The Right to Be Hurt: Testing the Boundaries of Consent, 75 Geo. Wash. L. Rev. 165 (2007).
Intentionally injuring or killing another person is presumptively wrong. To overcome this presumption, the perpetrator must establish a defense of justification. Consent of the victim may serve as one of the grounds for such a defense. This article puts forward criteria for the defense of consent.
One element of the proposed defense is essential to both its complete and partial forms ¨C that consent of the victim be rational and voluntary. In addition, for complete justification, the perpetrator¡¯s reasons for a consensual injurious act should be subjectively benevolent and the act must produce an overall positive balance of harms and evils, including harm to the victim¡¯s welfare interests and dignity. If these requirements are not met, the defense should be only partial
Consent Is Not a Defense to Battery: A Reply to Professor Bergelson
No full textProfessor Vera Bergelson expressed puzzlement over the fact that those who feel trapped in the wrong body can consent to a sex change operation, which often involves the removal of healthy sexual organs, whereas those who would feel happier being amputees cannot consent to amputation of an arm or a leg.” Bergelson is equally puzzled by the fact that a spouse may physically injure her partner pursuant to practices of religious flagellation, but she may not cause similar injuries pursuant to sadomasochistic sexual practices. The purpose of this brief essay is to explain why I believe that the aforementioned cases are not really puzzling at all. I will do so by arguing that, properly understood, consent is never a defense to battery. More specifically, I contend that consent defeats criminal liability only in two circumstances, neither of which operates as a true defense” to liability
Vera Kelsey Papers, 1944-1958
No full textAn accomplished journalist and author, Vera Kelsey's papers document her writing career through the manuscripts and research notes for her last four books, British Columbia Rides a Star, Red River Runs North!, Tomorrow is for You, and Young Men So Daring. For British Columbia Rides a Star it includes her travel notes from four trips around British Columbia
Open doors presents Judith Van Gieson and Vera John-Steiner
No full textThe Open Doors series presents Judith Van Gieson author of ""Confidence Woman"" reads from her new novel and discusses doing research for her books at the Center for Southwest Research and Vera John-Steiner, author of ""Creative Collaboration,"" discusses the her study of the collabortive process
Vera Hall
No full textThis chapter describes the recordings of Vera Hall (1902–1964). On October 31, 1940, at the Livingston, Alabama, home of author, painter, and folksong collector Ruby Pickens Tartt, Vera sang “Another Man Done Gone” twice into Lomax's machine. During the first take, the partially filled recording blank ran out of space, abruptly ending the song. The second time, however, Lomax used a fresh side, allowing Vera to include all her verses. Just as she finished, but before he lifted the cutting arm and turned off the microphone, he remarked, “That's perfect.” Lomax's summation saluted more than an unmarred recording. “Another Man Done Gone” became Vera Hall's most celebrated performance. Carl Sandburg recalled listening to it more than a dozen consecutive times during a January 1944 visit to Lomax's Dallas home, later including it in his second folksong anthology and learning it himself. The poet termed it “one of the strikingly original creations of Negro singing art.”</p
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