Corrupt Hive

In stecore invenitur

Archive for August 2008

The Context of Language

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Collin Miller and I had a little exchange over at EvidenceProgBlog about the nature of the proper test regarding when the “ministerial exception” ends. The New Jersey Appellate Court, in line with several other courts, ruled that the ministerial exception to criminal confessions ends when the minsters says that he or she is no longer able to counsel the individual. Collin agrees with the court; I do not. I believe that the cases that have been decided this way are not sensitive enough to the context in which words are spoken. The time, the place, the mood, and other environmental factors all help the individual determine the meaning and intention of the spoken word. No certainly means no, but “no” to what exactly? For how long? In what place? Read the rest of this entry »

Written by Daniel

August 31, 2008 at 3:33 pm

Posted in Uncategorized