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Lecture 3

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Thomas Mathien

Sept 26 2013 Philosophy of Ethics and the Law Lecture 3 Whitely vs. Chapel (1868) - Case before a court of appeals (been a trail and they are trying to change the verdict) - Usually a mistake in how the law was used - Whitely was the appellant, involves voting for guardian of the poor in Britain - With intent to fraud an election, impersonating someone, penalty of 3 months maximum in jail - Paid enough taxes on his land to actually qualified as an elector in Bradford but had died before the election - Appellant collected a ballot from Marsden (who was able to vote) - Whitely charged with impersonating someone entitled to vote but dead people are not entitled to vote - See Brown’s case (below) - Wording is quite different for wording with elections in parliament - Response from a lawyer, references two cases where the crown (King) is prosecuting somebody, supposed to be entitled must be held by the judges in the cases cited to be supposed by the impersonator - What should the word entitled mean - Judge votes to overturn the conviction, other judge concurs - Hannon says the decision is wrong (taking a legal positivist stand), not the justice in the case, says it might make a president and lead to dangerous consequences in other situations, then create the president that it is okay to vote for a dead person - Admitted it is not a just decision - If judges make a decision and it is not overturned in a later review, does not matter the decision, it is the law - Unjust law is nev
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