header-logo header-logo

Earthquake ruling

31 October 2012 / Hle Blog
Issue: 7536 / Categories: Blogs
printer mail-detail

HLE Blogger Simon Hetherington calls for reason over the Italian earthquake jailings

"If you type the word ‘seismologist’ or ‘earthquake’ into any decent search engine, you will get, as you would expect, a mass of hits on science-based websites. This week, you will also get a good number on legally-focused sites. Almost as much as the scientific community, the legal community is shocked by the jailing of Italian scientists last week, for their failure correctly to predict an earthquake which killed about 300 people. In point of fact, the Italian system allows for two appeals before sentence is implemented, so that ‘jailing’ is some way from being a confirmed reality.

Now, there are, of course, nuances in the differences between legal systems which mean that the UK newspapers’ reporting of the convictions ‘for manslaughter’ is simplistic. What we would understand as manslaughter in England is not a gold-standard of legal definition. It is a peculiarly (though not necessarily uniquely) English legal notion; other countries tend to prefer the notion of culpable homicide. The differences are partly linguistic, partly semantic, and partly substantive.

But actually, those nuances and differences, which might slightly misdirect the casual reader, are not important to the scientific or legal communities in this context. Those communities are not concerned with the definition of a crime; the commentators are not arguing that in England the scientists would have been charged with one offence rather than another. The noise being made is really about the fact that criminal process was invoked against the scientists at all, with some fuzzy references to Galileo’s prosecution by the Vatican in the 17th century thrown in...”

To continue reading go to: www.halsburyslawexchange.co.uk

Issue: 7536 / Categories: Blogs
printer mail-details

MOVERS & SHAKERS

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Ceri Morgan, knowledge counsel at Herbert Smith Freehills Kramer LLP, analyses the Supreme Court’s landmark decision in Johnson v FirstRand Bank Ltd, which reshapes the law of fiduciary relationships and common law bribery
The boundaries of media access in family law are scrutinised by Nicholas Dobson in NLJ this week
Reflecting on personal experience, Professor Graham Zellick KC, Senior Master of the Bench and former Reader of the Middle Temple, questions the unchecked power of parliamentary privilege
Geoff Dover, managing director at Heirloom Fair Legal, sets out a blueprint for ethical litigation funding in the wake of high-profile law firm collapses
James Grice, head of innovation and AI at Lawfront, explores how artificial intelligence is transforming the legal sector
back-to-top-scroll