In deciding whether or not to prosecute, the Crown Prosecution Service (CPS) applies a two-stage test. The first stage is the evidential stage: is there a realistic prospect of conviction? The second stage is the public interest stage: is it in the public interest to prosecute?
In the well-publicised case of the Labour Peer Lord Greville Janner the CPS has decided, in relation to a number of very serious sexual offences, that the evidential test has been passed. However, four expert clinicians, two instructed by the CPS and two instructed on behalf of Lord Janner, are in unanimous agreement that Lord Janner suffers from a degenerative dementia that is rapidly becoming more severe. He could not engage meaningfully with any trial process. There is no prospect of recovery, and no risk of future offending.
Despite all the jokes there are, in fact, a lot of things that lawyers won’t do. Or at least shouldn’t do. In many jurisdictions qualified lawyers are subject to strict ethical codes which are self-policed, usually effectively, and policed too by alert and draconian regulatory bodies.
Is there any point, then, in law firms having their own ethics committees which would decide:
(a) how the firm should deal with ethical questions arising in the course of work?; and/or
(b) whether the firm should accept particular types of work, particular clients or particular cases? Continue reading
Rampisham Down, in West Dorset, is a Site of Special Scientific Interest. But it soon won’t be. In a decision of dazzling stupidity, the local planning committee has said that it can be covered with over 100,000 solar panels. It accepted that renewable energy was a Good Thing and, in effect, that the loss of biodiversity occasioned by the panels was a price worth paying for the sun-farmers’ contribution to the battle against climate change.
Environmentalists, normally on the side of alternative energy, have been loud in their denunciation of the decision. A good example is Miles King in the Guardian: He observes: ‘….stopping biodiversity loss is as important as stopping global warming.’
Well, no it’s not. The crassness of the decision at Rampisham doesn’t alter the stark fact that if global warming isn’t stopped, we won’t have any biodiversity of any kind to preserve. The planners were crass because there are plenty of other, better places to put the panels. But their view of the big picture is correct. Continue reading
Several times this term I’ve staggered out onto Oxford station, cramped and queasy from Cattle Class, and seen packs of sleek suits ooze out of First Class, briefcases in their hands and predatory gleams in their eyes. ‘Let’s go hunting’, one floppy-haired account manager said to his confederates. They climbed into cabs, which they saw as safari Land Rovers heading to the bush, and went off to a panelled room in some college.
To that room, lured by canapés and Mammon, lots of undergraduates will have come. Fizz (far more expensive than the students would ever buy themselves, but not of a standard that would be tolerated in the hunters’ own Esher homes) will have been waiting on silver trays. Vol au vents will have been smilingly circulated by bought-in labour (or possibly by the hunters’ own menials, in their best suits, slightly creased from travelling with me in Cattle). Continue reading
Tomorrow it is C.S. Lewis’s birthday. He’d have been 116. He died 51 years ago, his death pushed out of the headlines by the deaths of JFK and Aldous Huxley. He’s had far more influence than either.
He’s remembered mainly as a children’s writer (the most dogmatic atheists, terrified or disgusted by the roar of Aslan, nonetheless bring their children to stroke the lion’s mane), and as a Christian apologist. He, irony upon irony, a beer-quaffing, chain-smoking, divorcee-marrying intellectual, living and breathing high pagan culture along with his pipe-smoke, is the darling of American evangelicals. And that’s why he’s neglected by serious philosophers.1 It’s understandable. We tend to judge people by the company they keep. But in the case of Lewis it’s unfair. Evangelicals might queue up at his door, but he’d never let them in. Apart from their membership of the species, he’d have loathed everything about them; their chauvinism, their ludicrous literalism, their self-righteousness, their belligerence, their metaphor-phobia, their elastic-waisted trousers, their historical blindness, their pant-soiling fear of scholarship, their teetotalism, their humourlessness. He had a fastidious nose for inconsistency: imagine how that nose would have twitched when it sniffed a Louisianan zealot who was keen on topping adults but outraged by abortion. In a different context (he was lambasting liberal intellectuals who say that that they can read nuances between the lines, but fail to see the huge themes rampaging through the Christian story) he denounced those who ‘claim to see fern-seed and can’t see an elephant ten yards away in broad daylight.’)2 He’d have similarly scourged those who have the KJV with their MSG for breakfast, and yet scream for judicial execution in the name of a man who was himself judicially executed, and who, in the name of a man who urged the turning of a cheek and the loving of enemies, say that every (white) citizen should have a gun and that every inconveniently non-compliant nation should have its ass whipped reeeeeeeel good. Continue reading
It is Halloween, the day when the dead walk and the devil rides.
We’re plagued by children who are risking diabetes, if not their immortal souls, by demanding the sort of sweets you only give to kids you hate. The Christians down the road, not realizing, as Luther did, that the devil can’t bear to be mocked, are holding a ‘light party’ in protest against the trick-and- treaters.
And, between door-bell rings and dispensings of deadly substances to skeletons, I’m reflecting on a talk I recently heard by Rebecca Newberger Goldstein. It was on her wonderful book, Plato in the Googleplex. In the book, Plato wanders through modern America, watching, talking, bemused, amused, dismayed, misunderstood. It’s an audit of Platonism. How has it weathered? Continue reading
It’s still summery, and so here is a little story for the beach or the side of the pool
‘There are challenges, certainly’, said the Boss. ‘But we’re confident that we can meet them. Or at least’, he went on, looking over his glasses for signs of dissent, ‘for a critical mass of stakeholders’.
A graph appeared on the screen at his side. He traced its lines with a red laser dot.
‘Here’, he said, ‘we have the expected rise of temperature with time. And here’ (he stabbed with the dot, as if doing the killing himself), ‘we have the consequent reduction in human population – assuming’ (and he held up a schoolmasterly finger), ‘we don’t have any HR66.’
He sipped some water, and waited for this to sink in. It did.
‘But don’t worry’, he said. ‘There’s good news. We do have HR66. Not enough for everyone, sadly, but enough to ensure that the human baton is passed on. And enough, I’m glad to say, for everyone in this room.’
There was a ripple of relief.
‘And their families, of course’, the Boss continued. ‘Families are very important to us. But all this assumes that you want to have the HR66. No one will make you. But, frankly, what’s not to like? You take a single dose, and you survive. If you don’t take it, you don’t survive. It’s as simple as that. It even tastes of candy floss. It has only one side-effect, and that’s a wholly good thing. It increases – increases, mark you – your IQ. Very, very significantly. By about 100 points, in fact. Not only will you be alive; you’ll be a genius beside whom Einstein would have seemed a hopeless retard.’
One more press of the button, and up flashed the logo of the corporation that manufactured HR66. The Boss didn’t think it relevant to mention his shareholding.
‘Naturally’, said the Boss, ‘we have to vote for this in the usual way. Yes, humanity’s facing apocalypse, and there’s one, and only one way out. But we’ve still got to do things properly. But I expect that we can move to a vote now, can’t we?’
‘I’m sure we can’, agreed the Deputy. ‘You’ve all seen the motion. All those in favour….’
The Boss and the Deputy, up on the podium, stared. Everyone else turned. A little man in tweed lisped through a badger’s beard. ‘I’d like some clarification, please.’
‘But of course, Tom’, said the Boss, magnanimous and desperately alarmed. ‘Anything you like.’
No one really knew how Tom had got into the government, or why he wanted to be there. He had no strategically significant connections, no dress sense, no publications other than some monographs on moths and mediaeval fonts, no assets other than a dumpy wife, some anarchic, unwashed children and a small cottage on Dartmoor, and no entries in the Register of Members’ Interests apart from ‘Masturbation’. This entry had caused a terrible storm. He’d been accused of injuring the dignity of the House, but, after expensive legal advice had been taken, it had been ‘reluctantly concluded’ that there was no power to force him to remove it.
‘I’d like to know’, said Tom, ‘who’s going to get the drug. And why them rather than anyone else.’ Continue reading
It is reported that Jimmy Savile crept at night into the mortuary at Leeds General Infirmary and committed sex acts on corpses.1
Well, for a start, assuming the acts involved penetration, he had committed a serious criminal offence.2
But shouldn’t we grow up? Shouldn’t we let live, and let the live love the dead? Who was hurt? Isn’t this legislation anachronistic? Doesn’t it stem from superannuated and probably, at root, theological ideas about the sanctity of life – irrationally extended to the sanctity of the dead human body?
If the acts gave Savile pleasure, then what’s the problem? Or, if we grant that the outraged relatives might suffer some distress (because they’ve not read enough philosophy), doesn’t the problem lie only in the fact that the relatives heard about what had happened, rather than in the acts themselves? In which case the real villains are the investigators and the media.
We have strong intuitions about many things. So strong, in fact, that they are often immune to the best arguments of the lawyers and philosophers. Continue reading
The Court of Appeal has stated that a statement in a capacitous patient’s medical notes that resuscitation should not be attempted (a ‘Do Not Attempt Resuscitation’ Order – DNAR), should usually only be inserted after consultation with the patient: see R (Tracey) v Cambridge University Hospitals NHS Foundation Trust and others  EWCA Civ 822 (17 June 2014).
The facts have been widely aired in the media: see, for example, here.
Mrs. Tracey had terminal lung cancer. Her clinicians indicated in the notes that no attempts at resuscitation should be made. Her family found out about this, and were outraged, saying that the DNAR order should not have been made without consultation with Mrs. Tracey. Their quarrel was not with the medical appropriateness of the determination that resuscitation would not be in Mrs. Tracey’s best interests, but with the procedure – the failure to consult. This, they said, violated Mrs. Tracey’s rights under Article 8 of the ECHR.
The Resuscitation Council, intervening, said that a requirement to consult with the patient would interfere with clinicians’ ability to deliver individual and compassionate care. A patient might, for instance, be very distressed by a discussion about a possible DNAR order.
The outcome can be briefly stated:
- Mrs. Tracey’s Article 8 rights were engaged by recording the DNAR in the notes. This followed from, inter alia, Pretty v UK (2002) 35 EHRR 1.
- Her Article 8(1) rights were violated by failing to involve her in the process
- Article 8(2) required the policy adopted by a Trust in relation to DNAR orders to be sufficiently clear and accessible: see Purdy v DPP  UKHL 45;  1 AC 345.
- The absence of a mandatory national DNAR policy was not a violation of Article 8. Local policies would, if properly formulated, satisfy the demands of Article 8(2)
- The concerns of the Resuscitation Council were real, but could be met by an important caveat: there should be consultation with the patient unless the clinician ‘thinks that the patient will be distressed by being consulted and that distress might cause the patient harm.’ Continue reading