I. Getting help from lawyers and its realization according to international standards The right to defense for a person involving in a law suit is a universal human right. Article 11 of the Universal Declaration of H...I. Getting help from lawyers and its realization according to international standards The right to defense for a person involving in a law suit is a universal human right. Article 11 of the Universal Declaration of Human Rights provides： ＂Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.＂ This means （1） the right to defence is a basic human right due to all persons charged with a penal offence; （2） it is a basic requirement for the principle of presumption of innocence and fair trial; and （3） the realization of the fight needs practical and effective guarantees.展开更多
Shame as a disciplinary weapon constituted a crucial part of premodern British penal regime.But in contrast to the substantial studies of capital punishment,shaming penalties remains relatively unexplored by historian...Shame as a disciplinary weapon constituted a crucial part of premodern British penal regime.But in contrast to the substantial studies of capital punishment,shaming penalties remains relatively unexplored by historians.This article fills this gap by exploring some of the very basic,but rather neglected questions about the nature,mechanism,and problems of shaming punishments in early modern Britain.It argues that the use of shame was not random;behind it was an often unspoken but shared idea that shaming punishments should direct at offences which were customarily deemed“shameful”.Shameful was not just a moral judgement;it represented a disapproving emotion towards the offender,and a moral emotion that the convict and audience were expected to have for the purposes of reformation and deterrence.However,from the eighteenth century,the growing infl iction of shame on offenders whose transgressions were not commonly deemed shameful degraded public shaming into a violent,chaotic,and counter-productive exercise unable to evoke or inculcate the moral sense of shame.These problems made shame a subject of debate among legal writers,who criticized the excessive use of shaming techniques,but continually recognized the importance of shame as a virtuous emotion and an important penal strategy.展开更多
文摘I. Getting help from lawyers and its realization according to international standards The right to defense for a person involving in a law suit is a universal human right. Article 11 of the Universal Declaration of Human Rights provides： ＂Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.＂ This means （1） the right to defence is a basic human right due to all persons charged with a penal offence; （2） it is a basic requirement for the principle of presumption of innocence and fair trial; and （3） the realization of the fight needs practical and effective guarantees.
文摘Shame as a disciplinary weapon constituted a crucial part of premodern British penal regime.But in contrast to the substantial studies of capital punishment,shaming penalties remains relatively unexplored by historians.This article fills this gap by exploring some of the very basic,but rather neglected questions about the nature,mechanism,and problems of shaming punishments in early modern Britain.It argues that the use of shame was not random;behind it was an often unspoken but shared idea that shaming punishments should direct at offences which were customarily deemed“shameful”.Shameful was not just a moral judgement;it represented a disapproving emotion towards the offender,and a moral emotion that the convict and audience were expected to have for the purposes of reformation and deterrence.However,from the eighteenth century,the growing infl iction of shame on offenders whose transgressions were not commonly deemed shameful degraded public shaming into a violent,chaotic,and counter-productive exercise unable to evoke or inculcate the moral sense of shame.These problems made shame a subject of debate among legal writers,who criticized the excessive use of shaming techniques,but continually recognized the importance of shame as a virtuous emotion and an important penal strategy.
