【明日你來吠】 大眾媒體越來越墮落,獨立媒體越來越發光,公民記者潛力無窮! |
陳雨凡律師講解「不正的訊問方法」。(攝影:林欣怡) |
廢死聯盟第一梯次的司法公民記者培訓,原訂名額二十人, 4/29 「司法撲克牌」 ⊙潘俞安 外行人看過判決書的人一定都會有差不多的感覺 每個字都看得懂,但是就是不知道他在說什麼! 在我的眼中, 常常我會懷疑,這樣如此艱澀、拗口、難進入的文字 是否能夠維護所謂的正義?實踐法律最初的價值和目的 如果不是每個人都懂的文字,造成所謂進入的困難 那必定有一方掌握最多的資訊,也代表它握有權力 掌握了人生死、和自由的的權力。 但當我如是問時,法律系的老哥卻回答: 因為彼此的法律基模差距過大,所以我也無法再多問些什麼 雖然心裡還是抱著疑惑…… 如果法律就是必須如此艱澀難懂才能保護正義為真的前提之下 那麼我認為轉譯的步驟就變得很重要了 如何讓一般人都能夠懂得法律的條文、法律中的權利義務 讓法律不再只是保護懂法律的的人,而能保障不懂法律的人 這個也是記者的使命之一 昨天老師帶我們建立起刑事案件的骨架 讓我們在短時間內看見事情的全貌 回家再看到法律相關的新聞,我大感驚奇 原來在了解體系架構之後,可以快速的掌握法律相關的新聞的樣貌 以前只是懼怕拒看、就算是勉強看了,也彷彿蒙上了一層白紗似地 希望透過這幾次的培訓,對龐大的法律體系有更深一層的了解 而我也帶著這份轉譯的使命 期許自己能散播給更多人 |
(攝影:陳雨凡)
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5/6
「刁民上法院」座談 ⊙楊鎮宇
五月六日,廢除死刑聯盟舉辦的活動「刁民上法院」,邀請
六位刁民來分享刁民是如何長成的。
若覺得「刁民」這說法太胡鬧,其實也可以換個說法。五月
六日,廢除死刑聯盟舉辦了「社會運動與法律」研討會,
上頭這兩種說法,後者看來「中立」,前者則好似「刁民養
成班」。由此可知文字的書寫策略是有立場的(不過,「中立」
而這場刁民座談中,六位刁民的分享提供了我兩個看待法律
的角度。
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刁民周佳君犯罪的瞬間。
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一、刁我沒用,我還是會繼續追議題的。 行動者因為關注某議題,提出一些說法或透過一些作為,試圖改變現 狀,而在過程中被告了。 例如當代漂泊協會關注遊民議題, 因為案件尚在偵查中,郭盈靖戴上黑色口罩表示抗議。(攝影: |
又例如,廢除死刑聯盟為死刑犯提出釋憲, 在這種情況下,法律被當成牽制行動者繼續追議題的工具。 |
二、就是要刁法律。
行動者關注某議題,覺得牽涉該議題的法律實在不改不行,
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又例如陳雲林來台時,
上述兩種看法律的角度,都不將法律視為理所當然的存在,
紀錄片工作者陳育青
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李明芝律師參與大埔事件與士林王家事件。 |
不過,制度裡頭的「人」如何自處,是順從還是反抗,
至於要怎麼理解那些執行國家暴力的基層警察,更是需要「
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開往台北市士林區王家的路上,我想著:「為什麼要有這個計畫,
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理性的搞懂法律,看清法律是怎麼傾斜的,強悍的衝撞體制,
翁國彥律師總結刁民與法庭的各種類型。
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【今日我最廢】 廢死聯盟都在幹嘛?看這裡。媒體不報,我們自己報。 |
他山之石:東南亞死刑辯護策略會議 ⊙李艾倫 全世界已廢除死刑的國家,有些是以立法方式,透過政治力量, |
2012年2月,總部在倫敦的非政府組織The
Death
Penalty
Project在吉隆坡舉辦死刑辯護策略圓桌會議,
會議首先由知名犯罪學者、牛津大學榮譽教授Roger
Hood的演講開場。Roger
Hood教授從1948年世界人權宣言、
台灣官方每次都以「廢死是長遠目標」來抗拒立即的作為,然而,
就死刑支持論者關於死刑嚇阻效果的論述,Roger
Hood教授表示,並無社會科學證據可支持死刑有助於預防、
最後在提及死刑在亞洲的狀況時,Roger
Hood教授指出死刑在亞洲往往被認為僅是刑事司法的議題,
會議中段則是東南亞各國的代表報告各國死刑現況。 「唯一死刑」仍然存在於新加坡和馬來西亞。在馬來西亞,
新加坡知名的「楊偉光案」,主角是一名19歲的馬來西亞青年,
然而,此案件雖在新加坡面臨法律上的挫敗,
會議最後一部分,英國律師Edward
Fitzgerald
QC分享他過去辦理死刑案件的經驗,特別著重在The Privy Council終審判決中【註2】
Fitzgerald律師首先提到死囚牢現象(death row
phenomena)及其引發的違憲爭議,
再來是關於赦免程序是否具備司法審查性的問題。
另外關於唯一死刑的問題,在2002年的案例中,
再就關於死刑實質上適用範圍的問題,
除實體法上適用的問題外,
最後回頭來看台灣,台灣已無唯一死刑,
對照此次會議東道主馬來西亞,國會議員積極關心此議題, |
[註1]2012年4月4日新加坡最高法院駁回楊偉光的上訴,
[註2] The Privy
Council是位於英國倫敦的司法機關,
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【聲援鄭性澤】 死刑定讞一定罪證確鑿?先看看鄭性澤案。
更多資訊請見鄭性澤部落格
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死刑:一場思辨之旅 ⊙陳郁琦 今年三月及四月份,在台權會南部辦公室安排之下, 社會的少數意見 支持廢除死刑,無疑是社會的少數意見,且是極為少數的意見。
三月的演講結束後,緊接著是Toshi
Kazama在高雄的「看見生命的顏色」攝影展。
沒錯!無論廢死或反廢死,我們最大的共通點就是: 死刑好像跟我想的不一樣? 在演講前,看展覽前,大多數人對於死刑都抱有極正面的期待,
這一系列南台灣巡迴講座,除了是一趟思辨的旅程,也是一趟「
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此外,這一系列思辨過程,更是建構「正義」想像的過程。
娟芬在很多場演講裡不厭其煩的談到:
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*訂閱電子報,請上廢死聯盟網站右上角點選「訂閱電子報」|* 《廢話電子報》編輯部|主編:張娟芬|編輯:林欣怡、謝仁郡、 聯繫我們:taedp.tw@gmail.com 2012/05/11《廢話電子報第八期》 |
--
廢死聯盟說的話,是為《廢話》
《廢話電子報》隔週發行。最重要的兩個專欄,【今日我最白】
PETER CARTER was a children's-book writer of brilliance and depth. His books won several prizes (the Guardian Award; the Young Observer Fiction Award, twice; the German Preis der Leseratten); were shortlisted for many more; and were translated into at least six languages, from Japanese to Portuguese. Nevertheless, he remained comparatively little known in England, though in Germany, where four of his last books had been translated, his publishers, Verlag Freies Geistesleben, were preparing to celebrate his 70th birthday and made him the first in their new series of booklets featuring children's writers.
Peter Carter came from a family of six brothers and two sisters from
Cheetham in Manchester. His mother was Irish, his father, a stoker from
Carlisle, was sometimes unemployed during the 1930s and Peter left
school at 14 to work as a decorator's boy. He read widely as a teenager,
helped in Unity Theatre, took evening classes at the Manchester School
of Art and, in the 1950s, attended Workers' Educational Association
classes in Philosophy.
He was encouraged by Harold Sykes, a lecturer and drinking companion in Manchester, to go further and in 1959 he gained a place as a mature student at Wadham College, Oxford, to read English Literature under John Bamborough - for whom he maintained, all his life, a profound love and respect. Coming from digging in the parks to Oxford, Carter enjoyed to the full all that the university had to offer, although during this period his first wife, Lois Wilkinson, died suddenly of asthma after only a year of marriage.
After Oxford he went to Birmingham, where he taught in various state schools between 1963 and 1976 - a primary school, a girls' grammar school and, finally, an immigrant reception centre where he was deputy head. Work, pub and church should be in walking distance from his home - which was the answer he gave when asked why an Oxford graduate was teaching in a rough primary school.
He started writing for children around 1971 with Madatan, the story of a boy from the Western Isles captured by Norsemen in the eighth century. He often said that he chose to write for children as a way of putting complex ideas in simple language. In Madatan Madaah is shipwrecked in northern England, and educated by the Church but then, feeling betrayed by the Church's compromise with immoral secular power, becomes an outlaw, destructive of all around, before being physically and psychologically saved by a hermit.
A powerful book, it is, perhaps, the most autobiographical of his books - for the Church read the Communist Party - but it was turned down by several publishers. Only when Oxford University Press accepted his second book, The Black Lamp, published in 1973, centred on the Peterloo massacre of 1819 and vividly describing weavers' lives in his beloved Peak District, did they look again at Madatan, which was published, with The Gates of Paradise, in 1974. These three books set out some of the fundamental themes which were to recur throughout his writing - that of the young individual maturing through periods of profound historical change. Carter travelled in Europe, North America, Japan, the Middle East and across the Sahara and preferred, on the whole, to evoke the universality of problems of growing up and facing the complexities of life through writing about the past and about different countries.
In Under Goliath (1977), his only novel set in contemporary times (in Belfast), another recurrent theme emerges: the growth of understanding between people of different cultures caught up in great historical events.
He left Birmingham in 1976 to live with his wife, Ulrike Willige, in Hamburg and to become a full-time writer, but was too rooted in his own culture to remain in Germany, though (after divorce in 1980) he remarried Ulrike and returned to visit his wife and stepson frequently after 1993. However, he spent the rest of his life, from 1977, as a full-time writer, living frugally (his main necessities of life cigarettes, alcohol and television) in places in England whose main criteria were that they were quiet, close to nature (but, until the last few years, not too far from a pub) and offered cheaply or for nothing.
Carter remained faithful to OUP, although he made only a bare living from his books, and OUP remained faithful to him, although his books became increasingly long and complex. They also won prizes, and were translated into many languages. The Sentinels (1980), which won the Guardian children's fiction award of 1981, tells the story of a young midshipman on an anti- slave patrol in the 1840s shipwrecked with a Yoruba ex-slave. Children of the Book (1982) describes the siege of Vienna of 1682 through the eyes of a janizary, a Polish youth, and the daughter of a burgher of Vienna; it is a powerful novel, anti-war, showing subtly the decline of the warring regimes, Polish knights and Ottoman janizaries, and the survival of the burgher.
Bury the Dead (1986), which, like Children of the Book, won the Young Observer Fiction Award, describes life in East Berlin before the wall fell; the evil of the Nazi past rises to haunt and destroy the life of Erika - whose sporting career is vividly described - and her family. His final published novels were a superbly drawn picture of the American West of 1871 seen through the eyes of a 14-year-old boy, Leaving Cheyenne (1990, published in the US as Borderlands), and The Hunted (1993) the story, set in 1943, of an Italian soldier who escapes from German France with a Jewish boy.
During his writing career he also translated a number of books for younger readers and adapted, for OUP, a selection of tales from Grimm. His only non-fiction book was Mao, a life of Mao Tse-tung, published in 1976.
Peter Carter was a brilliant and often impossible man, with a delight in arguing for the opposite opinion of any others present, a frequent unwillingness to listen to others, and a readiness, on occasion, to continue a vendetta long after a friend wished it forgotten. This was combined with a constant interest and a joy in those he met, of all - and particularly of all - nationalities, and an ability to make and, not withstanding quarrels, to keep friends. He was erudite, a walking encyclopaedia; an enormous and profound reader and (without ever, over about the last 20 years, going to the cinema or possessing a video) a fantastic connoisseur of practically every film made. He telephoned, corresponded with and loved talking to and about his friends and his publishers, German, Japanese, US and UK.
In his last years he lived in Ilmington in the Cotswolds in great happiness, watching the birds which flocked to the bird-table outside, drinking on occasion, smoking incessantly, telephoning or welcoming friends who came to him but hardly ever himself leaving the house. In his apparent health he seemed to defy nature. However, with only a few pages left to write of what might have been his best novel, the tale of two youths, black and white, working men from Massachusetts, closely interwoven with the history of the American Civil War, and in the middle of a sentence on his 1960s Olympia portable, he fell with an abdominal haemorrhage and died, the same day.
Peter Carter, writer: born Manchester 13 August 1929; four times married (one stepson); died Warwick 21 July 1999.
He was encouraged by Harold Sykes, a lecturer and drinking companion in Manchester, to go further and in 1959 he gained a place as a mature student at Wadham College, Oxford, to read English Literature under John Bamborough - for whom he maintained, all his life, a profound love and respect. Coming from digging in the parks to Oxford, Carter enjoyed to the full all that the university had to offer, although during this period his first wife, Lois Wilkinson, died suddenly of asthma after only a year of marriage.
After Oxford he went to Birmingham, where he taught in various state schools between 1963 and 1976 - a primary school, a girls' grammar school and, finally, an immigrant reception centre where he was deputy head. Work, pub and church should be in walking distance from his home - which was the answer he gave when asked why an Oxford graduate was teaching in a rough primary school.
He started writing for children around 1971 with Madatan, the story of a boy from the Western Isles captured by Norsemen in the eighth century. He often said that he chose to write for children as a way of putting complex ideas in simple language. In Madatan Madaah is shipwrecked in northern England, and educated by the Church but then, feeling betrayed by the Church's compromise with immoral secular power, becomes an outlaw, destructive of all around, before being physically and psychologically saved by a hermit.
A powerful book, it is, perhaps, the most autobiographical of his books - for the Church read the Communist Party - but it was turned down by several publishers. Only when Oxford University Press accepted his second book, The Black Lamp, published in 1973, centred on the Peterloo massacre of 1819 and vividly describing weavers' lives in his beloved Peak District, did they look again at Madatan, which was published, with The Gates of Paradise, in 1974. These three books set out some of the fundamental themes which were to recur throughout his writing - that of the young individual maturing through periods of profound historical change. Carter travelled in Europe, North America, Japan, the Middle East and across the Sahara and preferred, on the whole, to evoke the universality of problems of growing up and facing the complexities of life through writing about the past and about different countries.
In Under Goliath (1977), his only novel set in contemporary times (in Belfast), another recurrent theme emerges: the growth of understanding between people of different cultures caught up in great historical events.
He left Birmingham in 1976 to live with his wife, Ulrike Willige, in Hamburg and to become a full-time writer, but was too rooted in his own culture to remain in Germany, though (after divorce in 1980) he remarried Ulrike and returned to visit his wife and stepson frequently after 1993. However, he spent the rest of his life, from 1977, as a full-time writer, living frugally (his main necessities of life cigarettes, alcohol and television) in places in England whose main criteria were that they were quiet, close to nature (but, until the last few years, not too far from a pub) and offered cheaply or for nothing.
Carter remained faithful to OUP, although he made only a bare living from his books, and OUP remained faithful to him, although his books became increasingly long and complex. They also won prizes, and were translated into many languages. The Sentinels (1980), which won the Guardian children's fiction award of 1981, tells the story of a young midshipman on an anti- slave patrol in the 1840s shipwrecked with a Yoruba ex-slave. Children of the Book (1982) describes the siege of Vienna of 1682 through the eyes of a janizary, a Polish youth, and the daughter of a burgher of Vienna; it is a powerful novel, anti-war, showing subtly the decline of the warring regimes, Polish knights and Ottoman janizaries, and the survival of the burgher.
Bury the Dead (1986), which, like Children of the Book, won the Young Observer Fiction Award, describes life in East Berlin before the wall fell; the evil of the Nazi past rises to haunt and destroy the life of Erika - whose sporting career is vividly described - and her family. His final published novels were a superbly drawn picture of the American West of 1871 seen through the eyes of a 14-year-old boy, Leaving Cheyenne (1990, published in the US as Borderlands), and The Hunted (1993) the story, set in 1943, of an Italian soldier who escapes from German France with a Jewish boy.
During his writing career he also translated a number of books for younger readers and adapted, for OUP, a selection of tales from Grimm. His only non-fiction book was Mao, a life of Mao Tse-tung, published in 1976.
Peter Carter was a brilliant and often impossible man, with a delight in arguing for the opposite opinion of any others present, a frequent unwillingness to listen to others, and a readiness, on occasion, to continue a vendetta long after a friend wished it forgotten. This was combined with a constant interest and a joy in those he met, of all - and particularly of all - nationalities, and an ability to make and, not withstanding quarrels, to keep friends. He was erudite, a walking encyclopaedia; an enormous and profound reader and (without ever, over about the last 20 years, going to the cinema or possessing a video) a fantastic connoisseur of practically every film made. He telephoned, corresponded with and loved talking to and about his friends and his publishers, German, Japanese, US and UK.
In his last years he lived in Ilmington in the Cotswolds in great happiness, watching the birds which flocked to the bird-table outside, drinking on occasion, smoking incessantly, telephoning or welcoming friends who came to him but hardly ever himself leaving the house. In his apparent health he seemed to defy nature. However, with only a few pages left to write of what might have been his best novel, the tale of two youths, black and white, working men from Massachusetts, closely interwoven with the history of the American Civil War, and in the middle of a sentence on his 1960s Olympia portable, he fell with an abdominal haemorrhage and died, the same day.
Peter Carter, writer: born Manchester 13 August 1929; four times married (one stepson); died Warwick 21 July 1999.
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