• Thu. Jan 21st, 2021

2. The History Of The Common Law Adversarial Criminal Trial And The Experiences And Needs

In the rampant rage of wide-spread devolution of humanity, particularly on the shores of the U.S., the arrogance of ignorance spews its contagion in diverse ways. Democracy can be defined as a set of political procedures involving participation and competition, but liberalism is a political philosophy that is based on the principle of individual freedom. As one scholar puts it, “liberalism’s ends are life and property, and its means are liberty and toleration.” 15 Liberalism calls for guarantees of the rights of the individual, including freedom from arbitrary authority, freedom of religion, the right to own and exchange private property, rights to equal opportunity in health care, education, and employment, and the rights to political participation and representation. 16 Only the last category of rights is necessarily guaranteed in polities that meet the procedural definition of democracy. Wieslaw Protschke – alias ‘Wieslaw’ born 1913 in Lwow (Lwiw), his father was an architect. Graduated law faculty in University of Jan Kazimierz in Lwow. During his studies cooperated with Sygnaly (Signals) periodical. 1935-39 activist of Union of Polish Democratic Youth (ZPMD) and Workers Institute of Education and Culture. Great propagator of cooperative ideas of Edward Abramowski (famous Polish ‘anti-state socialist’). Member of Union of Workers Unions (ZZZ). Protschke was member of editorial staff of Front Robotniczy (Workers’ Front), Glos Pracownika Umyslowego (Intellectual Workers’ Voice – ZZZ paper 1934-37), Przebudowa (Reconstruction – ZPMD paper). His article ‘Bakunin – the freedom fighter’ in Workers’ Front was the cause of his conflict with Stanislaw Cat-Mackiewicz (famous conservative, editor of Slowo paper) who appealed for police intervention against ‘Bolsheviks in ZZZ’. In November 1939 together with Boleslaw Stein founded underground anti-soviet organization Rewolucyjny Zwiazek Niepodleglosci i Wolnosci (Revolutionary Union of Independence and Freedom) which was created by syndicalists, socialists and peasant organization members. The organization was destroyed in January 1940. From 1940 Protschke was chairman Syndicalist Organization ‘Freedom’ Central Committee. During WWII he was working in publishing cooperative ‘Czytelnik’ (‘Reader’) in Krakow. Protschke together with Tomasz Pilarski represented SO ‘Freedom’ in Centralny Komitet Ludowy (Popular Central Committee). After unification of military division of SO ‘Freedom’ with Polish National Army (Home Army or AK) he became an political officer of AK. In September 1944 during Warsaw Uprising arrested and sent to Auschwitz concentration camp, then to Mauthausen where he was murdered in January 1945.

Changing Labour Relations in Asia at the International Institute of Social History. Overview of this international research program, online research papers (PDF). The Law Council made comprehensive submissions to that inquiry and, subsequently, to the Attorney-General, Robert McClelland, outlining the fundamental importance of client legal privilege to the administration of justice. There is no point blaming the tragedies of Socialism on the flaws or corruption of particular leaders. Any system which allows some people to exercise unbridled power over other people is an open invitation to abuse, whether that system is called Slavery or Socialism or something else. One of the notable differences between civil law and criminal law is the punishment. In case of criminal law a person found guilty is punished by incarceration in a prison, a fine, or in some occasion’s death penalty. Whereas, in case of civil law the losing party has to reimburse the plaintiff, the amount of loss which is determined by the judge and is called punitive damage. A criminal litigation is more serious than civil litigation in that criminal defendants have more rights and protections than a civil defendant. Strong, Anna Louise (1885-1970) – journalist, socialist, and member of the No-Conscription League, she contributed poetry to Mother Earth. She supported anarchist Louise Olivereau in her opposition to the draft during World War I (Strongand Keyssar 68). The United States Constitution states that an individual charged with a crime is presumed innocent until proven guilty. In addition, if an individual is charged with a crime for which loss of freedom may be imposed as a penalty, the accused has the right to have a court appointed attorney if the individual cannot afford an attorney. The government attorney is sometimes called “the prosecutor” or “District Attorney” or “U.S. Attorney.” Penalties for committing a crime vary with the seriousness of the crime and may include death (for aggravated murder), imprisonment, probation, or fines. The legislature sets forth sentencing guidelines, which help determine the punishment. Around the world there are countries where people are hungry for news from somewhere other than their own leaders. Such a country is North Korea. There nothing is reported on except repeated tales of how great the leader is and what he has achieved against his enemies, chief of which is the United States. Civil systems owe their existence to the Napoleonic Code, which revolutionized the law by establishing methodical administration of justice based on extensive, written rules.

About three-quarters of all respondents (both supporters and opponents of socialism) said a socialist system would involve universal health care and tuition-free education. About two-thirds said it would involve a guaranteed living wage, and a similar number mentioned a state-controlled economy. Sixty-one percent said it would include state control of private property, and 57 percent believed the government would control the news media. In other words, as Brzezinski has detailed his vision of a solution to world problems in creating the conditions for global governance; they must do it incrementally,” for that is how to use their power intelligently.” The solution to the ‘global political awakening,’ in the view from the top, is to continue to create the apparatus of an oppressive global government. Capias Mittimus: A civil arrest warrant used to get a person physically into court to respond to a specific case or claim. Lenin argued that as socialism is replaced by communism, the state would ” wither away ” 80 as strong centralized control progressively reduces as local communities gain more empowerment. As he put succinctly, “s long as the state exists there is no freedom. When there will be freedom, there will be no state”. 81 In this way, Lenin was thereby proposing a classically dynamic view of progressive social structure which during his own short period of governance emerged as a defensive and preliminary bureaucratic centralist stage. He regarded this structural paradox as the necessary preparation for and antithesis of the desired workers’ state which he forecast would follow. Like almost everyone who denounces democracy of favor in republican government in this context, Voss invokes James Madison, who warned against “pure democracy” and “mob rule” in favor of republican government. The intellectual roots of socialism go back at least as far as ancient Greek times, when the philosopher Plato depicted a type of collective society in his dialog, Republic (360 B.C.). In 16th-century England, Thomas More drew on Platonic ideals for his Utopia, an imaginary island where money has been abolished and people live and work communally. Now some time passes. You are no longer a rank beginner, you’ve painted something you are proud of, after a while of earnest practice. You look over the websites and see that you need to further your education. Would an evening class at the local community college be in order? It means stepping out in faith that your basic skills are in place for this venture. You reflect, and say ‘yes’ to the notion. Community college art classes are fun and the instructor teaches you to reach your goals. She is realistic, you are realistic, and by the time the class concludes, you have another piece to hang in your home or even your office at work. It hasn’t been easy, but it has been rewarding.

But on this question, too, the traditions vary. Communists, when in power, have done away with markets and private property. Democratic socialists say that in principle they hope capitalism will disappear over the long run , but in the meantime they advocate piecemeal changes in the ownership and control of economic resources — bank nationalization, for instance. (Democratic socialists have never fully held power anywhere, so their programs remain largely theoretical.) And social democrats have focused on redistributing the fruits of markets and private enterprise rather than abolishing them. Most of the policies advocated by politicians like Sanders, Ocasio-Cortez and Sen. Elizabeth Warren (D-Mass.) — including universal health care, free college education, and higher wealth and income taxes — are clearly achievable within a capitalist system. Such a society would be dominated by an elite whose claim to political power would rest on allegedly superior scientific know-how. Unhindered by the restraints of traditional liberal values, this elite would not hesitate to achieve its political ends by using the latest modern techniques for influencing public behavior and keeping society under close surveillance and control. Under such circumstances, the scientific and technological momentum of the country would not be reversed but would actually feed on the situation it exploits. Yates, Luke. Rethinking Prefiguration: Alternatives, Micropolitics and Goals in Social Movements.” Social Movement Studies 14 (1): 1-21. Nemo judex in sua causa: (Latin: nobody may be a judge in his own case) Principle of natural justice. A judge must be seen to be free of bias and may not have any interest – personal, pecuniary or otherwise – in a case he is deciding. Also referred to as nemo debet esse judex in propria causa. First truth – The implementers of all these regimes hijacked socialist ideology and used it as a veneer to hide their collective objectives – power of the few over power of the many. This is just another form of capitalism. The ideology of true socialism is not to blame. The principle does not intend to provide for a society of equals in its absolute sense. It leads toward an equitable society where each person is equal to another with the same level of knowledge, capability, and experience. Its proper application eliminates social stratification and moves the society toward an equitable class structure. Equality of opportunity, as the highest and essential principle of technological democracy, is permanent and universally controls any human authority whatever. All other principles of societal life concerned with freedom, liberty, pursuit of happiness and other human rights are derived from and the consequence of this principle’s proper application. These ideas are to be obeyed only when they are consistent with principle of equality of opportunity to which they are always subordinate. Under its protection, each individual has a right to preserve his life, liberty and property during the full span of his life. It is not only the source of a broad spectrum of liberties for the individual, but a liberator of operation of communities and the society as a whole. It is the source of happiness for all. Its utility, in every direction of application, is always supportive of what is just, moral and good. Equality of opportunity is per se neither equality nor freedom but it provides grounds for both, equality based on knowledge and experience, freedom so broad that it cannot be fully expressed, but possible to enjoy.