379 research outputs found
Proof Beyond a Reasonable Doubt: A Balanced Retributive Account
No full textThe standard of proof in criminal trials in many liberal democracies is proof beyond a reasonable doubt, the BARD standard. It is customary to describe it, when putting a number on it, as requiring that the fact finder be at least 90% certain, after considering the evidence, that the defendant is guilty. Strikingly, no good reason has yet been offered in defense of using that standard. A number of non-consequentialist justifications that aim to support an even higher standard have been offered; all are morally unsound. Meanwhile, consequentialist arguments plausibly support a substantially lower standard — in some cases so low as to undermine the idea that punishment is what is at stake. In this paper, I offer a new retributive justification that supports excluding the instrumental benefits of punishment from the balance that sets the standard. The resulting balance supports a standard arguably in the ballpark of the customary understanding of BARD: a standard requiring that the fact finder have a high, though not maximally high, degree of confidence that the defendant is guilty
Fourth Amendment Rights for Nonresident Aliens
No full textThe U.S. National Security Agency has nearly unlimited authority to spy upon citizens of foreign countries while they are outside the United States. It goes almost without saying that such targeting of U.S. citizens, without any hint of individualized suspicion either of criminal wrongdoing or of being a threat to national security, would be constitutionally prohibited under the Fourth Amendment. However, the dominant view in the American legal community is that there is nothing constitutionally wrong, or even suspect, about such targeting of nonresident aliens.
This article argues that the dominant view of the law is wrong both descriptively and normatively. It is wrong with regard to the proper interpretation of the relevant constitutional case law, because that case law is more open ended and unclear than the dominant view represents it as being. And it is wrong with regard to the underlying legal and moral principles that should guide the interpretation and development of constitutional law. Those principles call for recognizing that nonresident aliens enjoy constitutional protection against unjust harms—a point argued for in a companion paper, “Constitutional Rights for Nonresident Aliens.” And those same principles imply that nonresident aliens enjoy the Fourth Amendment’s prohibition on unreasonable searches and seizures.Peer reviewe
The Use and Abuse of Definitions in Constitutional Law: A Critique of Justice Roberts's Dissent in Obergefell v. Hodges
No full textJustice Roberts’s dissent in Obergefell v Hodges – the case in which the US Supreme Court found a constitutional right for same sex couples to marry – rested on the premise the Court cannot invoke the right to marry as a basis for changing the definition of marriage. But his argument works only if the Court has no obligation to find a constitutional meaning for the term. I argue here that it has such an obligation. I argue further that an analogy with the concept of ‘person’ throws light on how that obligation should work. And finally, I argue that the most plausible constitutional definition would include same sex couples.Peer reviewe
Constitutional Rights for Nonresident Aliens: A Doctrinal and Normative Argument
No full textThe decision in Boumediene v. Bush, 553 U.S. 723 (2008), held that nonresident aliens (NRAs) detained for years in Guantanamo have a constitutional right to bring a habeas petition to challenge their detention. But the larger issue of constitutional rights for NRAs remains unresolved. Do NRAs outside of Guantanamo have constitutional rights? If so, do they enjoy substantial protections, such as those under the Fourth and Fifth Amendments? I argue here that the doctrine remains unclear, that the text is likewise unclear, that originalist arguments should carry little force, but that the normative argument is clear. As a condition of the legitimacy of U.S. law, NRAs must enjoy a range of constitutional rights that protect them from unjust harm at the hands of the United States
Alec Grant: a living tribute
No full textPurpose - This paper aims to provide a living tribute to the leading autoethnographer, Alec Grant. Design/methodology/approach - Alec provided Jerome with a list of names of people he might approach to write a tribute on his behalf. Findings - The accounts describe the influence that Alec has had both as an educator and as a trusted colleague for the people approached. Research limitations/implications - While this is a living tribute, it is about one man and could, therefore, be described as a case study. Some people wonder what can be learned from a single case study. Read on and find out. Practical implications - Alec has carved out a path for himself. In many senses, he chose ''The Road Less Travelled''. He has never shied away from challenging ''The System'' and defending the rights of the marginalized and socially excluded. It is not a road for the faint-hearted. Social implications - For systems to change, radical thinkers need to show the way. ''Change keeps us safe'' (Stuart Bell). Originality/value - Alec was a well-known and highly respected cognitive behavioural academic practitioner and the author of key textbooks in the field. He then decided to reinvent himself as an autoethnographer. This has brought him into contact with a much more diverse group of people. It has also brought him home to himself
"Coloured hills" - a series of text based paintings and related work
No full textThis is an on-going series of paintings that look at how the Gaelic language has explored colour in landscape. Many hills in Scotland contain the Gaelic word for a particular colour in their name. These text paintings highlight the differences between mountains through a colour classification.
Additionally, a printed text work "A Glossary of Coloured Hills" acts as a companion piece to these paintings.
The print work (where I am the main author - I am the sole author of the paintings) was aided through conversation with poet and artist Alec Finlay as we sought to originate more nuanced, lyrical translations than those offered by the official Scot's/Gaelic dictionary
No limiar da tradução: paratextos e paratraduções de Le Gone du Chaâba de Azouz Begag
No full textDissertação(mestrado) - Universidade Federal de Santa Catarina, Centro de Comunicação e Expressão, Programa de Pós-graduação em Estudos da Tradução, Florianópolis, 2014O presente estudo se direciona aos paratextos e às paratraduções da literatura produzida em língua francesa pelas escritoras e escritores originários da imigração magrebina, em especial os escritos de Azouz Begag que, contendo informações sobre o autor e sobre a história desta literatura, são também responsáveis pela apresentação do tradutor. No primeiro capítulo, Analisando essa literatura ? denominada como literatura Beur, percebeu-se que a ideia de língua materna se torna mutável, pois ela é o que se entende por língua do colonizador: uma língua imposta. A literatura francófona dos autores Beurs busca transformar esta aparente hegemonia da língua francesa e, dessa forma, a utilização dos paratextos é frequente. No segundo capítulo, os paratextos foram classificados segundo Genette e sua obra Seuils, traduzida para o português por Álvaro Faleiros, Paratextos Editoriais (2009); e as paratraduções classificadas segundo o conceito de Yuste Frías e seu estudo Au seuil de la traduction: la paratraduction (2010) e segundo Marie-Hélène C Torres em seu livro Traduzir o Brasil Literário, paratexto e discurso de acompanhamento (2011). Então, no terceiro capítulo, foram analisados os paratextos de duas edições francesas do romance Le Gone du Chaâba de Azouz Begag e as paratraduções apresentadas pela tradução estadunidense, Shantytown Kid (2007), traduzido por Alec G Hargreaves e Naïma Wolf, e pela tradução espanhola, El niño de las chabolas (2011), traduzido por Elena García-Aranda. No final, o espaço destes ?epitextos? e ?peritextos? provou ser necessário para demonstrar que a paratradução é o lugar onde temos a visibilidade do tradutor e do processo da tradução, pois consiste no espaço a partir do qual o tradutor pode por sua voz em evidencia.Abstract: This study analyzes the paratexts and paratranslations of the literature produced in French by one of the writers from the Algerian immigration: Azouz Begag. These paratexts and paratranslations contain information about the author and the history of this sort of literature, and they are also responsible for the translator's presentation. In the first chapter, analyzing the literature - called Beur literature, it's possible to notice that the idea of mother language becomes mutable because it is the "colonizer's language": an imposed language. This francophone literature desires to change this visible hegemony of the French language, and the use of paratexts often takes place for that purpose. In the second chapter, the paratexts were classified according to Genette and his book Seuils, translated into Portuguese by Àlvaro Faleiros, Paratextos Editoriais (2009); and the paratranslations classified according to Yuste Frías and his study Au seuil de la traduction: la paratraduction (2010) and to Marie-Hélène C Torres in her book Traduzir o Brasil Literário, paratexto e discurso de acompanhamento (2011). Afterwards, the paratexts of two French editions of Azouz Begag's Le Gone du Chaâba were analyzed. In the third chapter, Alec G Hargreaves and Naïma Wolf's American translation, Shantytown Kid (2007), and Elena Garcia-Aranda's Spanish translation, El niño de las Chabolas (2011) were analyzed. At the end, my findings demonstrate how these "epitexts" and "peritexts" are the necessary places to show the translator and the translation process' visibility, because it consists in the locale where the translator is allowed to speak
Recommended from our members
Denton County Historical Commission Oral History Project
No full textInterview with Alec Williams, a life-long resident of Denton, Texas. The interview discusses their education in Denton, Texas; getting a history degree from Texas Tech University; working after graduating; being an author; history of great-grandfather Charles Alexander Williams; being related to the Wrights, the Mounts, and the Greenlees; the Prairie matches incident; and working on varies books
Letters I never mailed : clues to a life.
No full textLetters I Never Mailed: Clues to a Life, by Alec Wilder, in a new, annotated edition with introduction and supplementary material by David Demsey, foreword by jazz pianist Marian McPartland, and photographs by Louis Ouzer. Letters I Never Mailed: Clues to a Life, by Alec Wilder, in a new, annotated edition with introduction and supplementary material by David Demsey, foreword by jazz pianist Marian McPartland, and photographs by Louis Ouzer. Alec Wilder is a rare example of a composer who established a reputation both as a prolific composer of concertos, sonatas, and operas, and as a popular songwriter [including the hit "I'll Be Around"]. He was fearsomely articulate and had a wide and varied circle of friends ranging from Graham Greene to Frank Sinatra and Stan Getz. Letters I Never Mailed, hailed at its first publication [in 1975, by Little, Brown], tells the story of Wilder's musical and personal life through unsent "letters" addressed to various friends. In it, he shares his insights -- and sometimes salty opinions -- on composing, musical life, and the tension between art and commercialism. Thisnew, scholarly edition leaves Wilder's original text intact but decodes the mysteries of the original through an annotated index that identifies the letters' addressees, a biographical essay by David Demsey, and photographs by renowned photographer and lifelong friend of Wilder, Louis Ouzer. David Demsey is Professor of Music and coordinator of jazz studies at William Paterson University and an active jazz and classical saxophonist. He is co-author of Alec Wilder: A Bio-Bibliography [Greenwood Press] and has contributed to The Oxford Companion to Jazz.Title from publisher's bibliographic system (viewed on 17 Mar 2023).Letters I Never Mailed: Clues to a Life, by Alec Wilder, in a new, annotated edition with introduction and supplementary material by David Demsey, foreword by jazz pianist Marian McPartland, and photographs by Louis Ouzer. Letters I Never Mailed: Clues to a Life, by Alec Wilder, in a new, annotated edition with introduction and supplementary material by David Demsey, foreword by jazz pianist Marian McPartland, and photographs by Louis Ouzer. Alec Wilder is a rare example of a composer who established a reputation both as a prolific composer of concertos, sonatas, and operas, and as a popular songwriter [including the hit "I'll Be Around"]. He was fearsomely articulate and had a wide and varied circle of friends ranging from Graham Greene to Frank Sinatra and Stan Getz. Letters I Never Mailed, hailed at its first publication [in 1975, by Little, Brown], tells the story of Wilder's musical and personal life through unsent "letters" addressed to various friends. In it, he shares his insights -- and sometimes salty opinions -- on composing, musical life, and the tension between art and commercialism. Thisnew, scholarly edition leaves Wilder's original text intact but decodes the mysteries of the original through an annotated index that identifies the letters' addressees, a biographical essay by David Demsey, and photographs by renowned photographer and lifelong friend of Wilder, Louis Ouzer. David Demsey is Professor of Music and coordinator of jazz studies at William Paterson University and an active jazz and classical saxophonist. He is co-author of Alec Wilder: A Bio-Bibliography [Greenwood Press] and has contributed to The Oxford Companion to Jazz
WORKFLOW MODELING
No full textAt last - here\u27s the long-awaited, extensively revised and expanded edition of the acclaimed and bestselling book, "Workflow Modeling". This thoroughly updated resource provides proven techniques for identifying, modeling, and redesigning business processes, and explaining how to implement workflow improvement, this book helps professionals define requirements for systems development or systems acquisition. By showing how to build visual models for illustrating workflow, the book helps practitioners assess their current business processes and see where process improvement and systems development can take place. Leading author Alec Sharp is an internationally recognized expert in business process management and is in high demand as a speaker and seminar leader in the field
- …
