The editor of the New Zealand Law Students Association (NZLSA) publication LEX has just advised me that she has published my article “Three Strikes: Proportion and Protection.” In it I argue that the objections to the The Sentencing and Parole Reform Bill (a.k.a the “Three Strikes Bill”) on the basis that it affronts the proportionality […]
Entries Tagged as 'Due Process'
Published – Three Strikes: Proportion and Protection
September 22nd, 2009 2 Comments
Tags: Public Policy · Publication · Punishment · Three Strikes Bill
In Defence of the Partial Defence of Provocation
July 23rd, 2009 16 Comments
The case we have all watched in horror playing out in the news is over. Clayton Weatherston has been found guilty of murdering Sophie Elliot and his attempt at the partial defence of provocation was rightly shown the contempt it deserved by the court. At MandM we maintained our standard policy of refusing to comment […]
Tags: Clayton Weatherston · Defences · Due Process · Provocation
Fisking Margaret Mayman: The Flawed Moral Theology on the Smacking Referendum
July 7th, 2009 7 Comments
In “A Christian Perspective on the Child Discipline Referendum,” Rev Dr Margaret Mayman presents a theological justification for retaining the amended section 59 of the Crimes Act 1961, which has criminalised force used against a child for the purposes of parental correction. Mayman began by offering three standard arguments for repealing the old section 59, […]
Tags: Crimes Act · David Benatar · Hermeneutics · Margaret Mayman · Referendum · s59 · Smacking · Theology
The Foreshore and Seabed Repeal: The Inconvenience of Due Process
July 2nd, 2009 14 Comments
That the state is not above the law but also subject to it is surely one of the foundational concepts of any just and free society. This notion has found its place in the writings of many influential philosophers, jurists and theologians, it can be found in the constitutions and bills of rights of most […]
Tags: Foreshore and Seabed · Human Rights · Jurisprudence · Justice · Liberty · Māori Land · Ngāti Apa
No Defences Permitted for the Accused
June 19th, 2009 36 Comments
In, The referendum campaign is underway, No Right Turn’s Idiot/Savant gives an excellent example of an argument we see coming up a lot in the debate around the upcoming referendum on smacking. In addition to trotting out the standard ad hominem, that everyone who supports the reinstatement of the old section 59 of the Crimes […]
Tags: Bad Reasoning · Crimes Act · Defences · Idiot/Savant · Referendum · s59 · Smacking · Sue Bradford · William Blackstone
Maori and Pakeha are Not Partners to the Treaty of Waitangi
February 11th, 2009 20 Comments
[For the benefit of our international readership: Maori are the indigenous people of New Zealand; Pakeha is a term used to describe Caucasian New Zealanders; The Treaty of Waitangi is a significant founding document of our nation over which many historical and current differences have arisen around its role, interpretation and application.] Recently I read […]
Tags: Jurisprudence · Role of the State · Treaty of Waitangi
A common objection to belief in the God of the Bible is that a good, kind, and loving deity would never command the wholesale slaughter of nations. In the tradition of his popular Is God a Moral Monster?, Paul Copan teams up with Matthew Flannagan to tackle some of the most confusing and uncomfortable passages of Scripture. Together they help the Christian and nonbeliever alike understand the biblical, theological, philosophical, and ethical implications of Old Testament warfare passages.
Jim Evans Decisively Smacks John Roughan
August 6th, 2009 11 Comments
On Saturday the NZ Herald’s John Roughan demonstrated why journalists should not engage in legal interpretation in his widely criticised piece on the smacking referendum, “Sinister undertones to referendum instigator.” At the time I struggled to ascertain whether Roughan was being deliberately deceptive or he just didn’t get it. He essentially quoted the non-controversial, much […]
Tags: Jim Evans · John Roughan · Referendum · s59 · Smacking