Download E-books Justice, Legality and the Rule of Law: Lessons from the Pitcairn Prosecutions PDF

December 6, 2016 | Administrative Law | By admin | 0 Comments

A British colony of 50 souls within the Pacific Ocean, Pitcairn Island used to be settled by means of the Bounty mutineers and nineteen Polynesians in 1790. In 2004 six Pitcairn males have been convicted of diverse offenses opposed to women and younger women, dedicated over a thirty yr interval, in what seems to be to were a tradition of sexual abuse at the island.

this example has raised many questions: what correct did the British govt need to begin those prosecutions? was once it reasonable to prosecute the defendants, provided that no legislation have been released at the island? certainly, what, if any, legislations was once there in this island? This number of essays explores the numerous vital matters raised via the case and via the location of a small, remoted neighborhood of this type.

It starts off by means of taking a look at the heritage to the prosecutions, contemplating the difficulty that confronted the British executive while the abuse was once exposed, and discussing the ways that the judges handled the case, in addition to exploring the heritage of the cost and the way colonial legislations impacts it.

This heritage paves the way in which for an exploration of the philosophical, jurisprudential and moral concerns raised through the prosecutions: used to be it valid for the united kingdom to interfere, given the absence of any universal neighborhood among the united kingdom and the Island? used to be the positivist 'law on paper' process followed via the British executive and the courts used to be acceptable, in particular given the shortcoming of promulgation of the legislation less than which the boys have been prosecuted? might replacement responses akin to money of repayment to the feminine sufferers and provision of group aid were best? and will common human rights claims justify the prosecutions, overriding any allegations of cultural relativism at the a part of the UK?

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