Legal games

On the latest episode of Special Victims Unit a lawyer prevents the prosecutor using the records of a dead man against him.
Nobody can waive privilege if the subject's records disgrace the reputation of the deceased.
In other words:-
You can't speak ill of the dead because that would speak ill of the dead.

Set me thinking of the opposite.
What if the records show good things and increase the reputation of the deceased?
See where I'm going with this?
You can't speak ill of the dead if in speaking ill you slander the reputation of the dead.
Any legal minds out there?

Paul



Richard Liveth Yet!

Sticky wicket, at least in the US. I know we are allowed to use the dead fictionally, and there seems to be something like a Statute of Limitations on whether "bad things" said are actionable; there's also the old landmark Freedom of Speech/Press case with Peter Zenger, where anything can be said or written if it's true. The question in history becomes which truth, sometimes. As long as certain "highly regarded" historians say such-and-such, you'd have a tough time proving liable or slander, sadly. One can only hope, with time, some attitudes will change. And I have noticed subtle improvements. For example, the popular US game show Jeopardy has relatively often had A/Qs that mentioned Richard, and except for ones specifically prefaced as Shakespearean, these have been quite positive. (I only know this because my husband, a Jeopardy Junky, records and watches this show and enjoys "playing along." He's really quite good, but I tell him: "You might perform
otherwise under pressure of hitting that buzzer, first....")

Judy
 
Loyaulte me lie


________________________________
From: Paul Trevor Bale <paul.bale@...>
To: RichardIIISociety forum <>
Sent: Monday, December 3, 2012 5:56 AM
Subject: Legal games


 
On the latest episode of Special Victims Unit a lawyer prevents the prosecutor using the records of a dead man against him.
Nobody can waive privilege if the subject's records disgrace the reputation of the deceased.
In other words:-
You can't speak ill of the dead because that would speak ill of the dead.

Set me thinking of the opposite.
What if the records show good things and increase the reputation of the deceased?
See where I'm going with this?
You can't speak ill of the dead if in speaking ill you slander the reputation of the dead.
Any legal minds out there?

Paul

Richard Liveth Yet!

Okay, I'll pursue that one. 

Firstly, I'm new here, so I will say hello and hope you will be
patient with someone who is enjoying learning about Richard III
as I go along.


 I also take exception to the author's statement that he was
capable of cold-blooded murder.  I don't recall hearing about
murders at his hand.  I have heard about executions for the
good of the throne, which is a totally different animal and is
requiredof a king, to make his judgments and have the back-
bone tocarry them out.  That's not murder, no more than is a
firing squad.

~Penny

 
Live simply.  Love generously.  Care deeply.  Speak kindly.
        And never regret anything that made you smile.
Re: Josephine Wilkinson's *RIII: The Young King To Be* (was RE:avail
Mon Dec 3, 2012 7:36 am (PST) . Posted by:
"justcarol67" justcarol67
Johanne quoted Wilkinson as saying:
> "Richard <snip> was belligerent, defiant and capable of cold blooded murder. <snip>

Carol responds:

Just wondering if you agree with this statement. Hastings's execution,
based on what little we know about it, appears to have been ordered in a
moment of uncontrollable rage, the very opposite of cold-blooded
murder. The executions of Rivers, Vaughn, and Grey occurred after a
trial under the Earl of Northumberland and Rous, a fact that too many
biographers overlook or choose to ignore. Unless she believes that he
killed Henry VI in person (as opposed to delivering the orders as
Constable of England as he may have done) or ordered the murder of his
nephews, I don't see where cold-blooded murder comes in.
 
Live simply.  Love generously.  Care deeply.  Speak kindly.
        And never regret anything that made you smile.