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	<title>Comments on: Cheating As a Human Right</title>
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	<link>http://www.firstthings.com/blogs/firstthoughts/2012/10/31/cheating-as-a-human-right/</link>
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		<title>By: Michael PS</title>
		<link>http://www.firstthings.com/blogs/firstthoughts/2012/10/31/cheating-as-a-human-right/comment-page-1/#comment-78019</link>
		<dc:creator>Michael PS</dc:creator>
		<pubDate>Fri, 02 Nov 2012 09:36:40 +0000</pubDate>
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		<description><![CDATA[Ethan C

I’ll try.

In divorce proceedings, it sometimes happens that a husband, brings an action against his wife, on the ground of her adultery with a named co-defender.  There is some independent evidence against both the wife and the co-defender, but not sufficient to justify a positive finding of guilt.  The wife, however, makes a full confession.  Here the court may very reasonably pronounce a decree against the wife, while concluding that the adultery is not established as against the co-defender.  Indeed, to hold otherwise would be to lay it down that the admission or confession of the wife - which may be quite untrue and which may be induced by hidden and private motives - is to be treated as good evidence against the co-defender. And so it happens that the court may quite reasonably conclude that it is proved that the wife has committed adultery with the co-defender, but not that the co-defender has committed adultery with the wife.

The same thing could well happen in criminal proceedings, where adultery is a crime.]]></description>
		<content:encoded><![CDATA[<p>Ethan C</p>
<p>I’ll try.</p>
<p>In divorce proceedings, it sometimes happens that a husband, brings an action against his wife, on the ground of her adultery with a named co-defender.  There is some independent evidence against both the wife and the co-defender, but not sufficient to justify a positive finding of guilt.  The wife, however, makes a full confession.  Here the court may very reasonably pronounce a decree against the wife, while concluding that the adultery is not established as against the co-defender.  Indeed, to hold otherwise would be to lay it down that the admission or confession of the wife &#8211; which may be quite untrue and which may be induced by hidden and private motives &#8211; is to be treated as good evidence against the co-defender. And so it happens that the court may quite reasonably conclude that it is proved that the wife has committed adultery with the co-defender, but not that the co-defender has committed adultery with the wife.</p>
<p>The same thing could well happen in criminal proceedings, where adultery is a crime.</p>
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		<title>By: Ethan C.</title>
		<link>http://www.firstthings.com/blogs/firstthoughts/2012/10/31/cheating-as-a-human-right/comment-page-1/#comment-77983</link>
		<dc:creator>Ethan C.</dc:creator>
		<pubDate>Thu, 01 Nov 2012 19:12:56 +0000</pubDate>
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		<description><![CDATA[I&#039;m not quite sure what you&#039;re saying, Michael PS. Could you perhaps restate it, with some less technical language?]]></description>
		<content:encoded><![CDATA[<p>I&#8217;m not quite sure what you&#8217;re saying, Michael PS. Could you perhaps restate it, with some less technical language?</p>
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		<title>By: Michael PS</title>
		<link>http://www.firstthings.com/blogs/firstthoughts/2012/10/31/cheating-as-a-human-right/comment-page-1/#comment-77947</link>
		<dc:creator>Michael PS</dc:creator>
		<pubDate>Thu, 01 Nov 2012 10:27:31 +0000</pubDate>
		<guid isPermaLink="false">http://www.firstthings.com/blogs/firstthoughts/?p=50138#comment-77947</guid>
		<description><![CDATA[Jonathan&#039;s proposal would not really address the claim of an infringement of Article 17 rights - &quot;No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence...&quot;

As to unequal application, one recalls that, even in divorce actions, the confessions of the wife, defender, coupled with some  independent evidence, not otherwise conclusive, may warrant the Court in finding that adultery is proved against her, while, her confessions not being evidence against the co-defender, he escapes; and thus divorce may be granted against the wife for adultery committed by her with him, while he himself is assoilzied from the action.  This is particularly likely in jurisdictions that apply the criminal standard of proof in consistorial actions – proof beyond reasonable doubt and on corroborated evidence.

I should have thought the like results in criminal cases would be inevitable.]]></description>
		<content:encoded><![CDATA[<p>Jonathan&#8217;s proposal would not really address the claim of an infringement of Article 17 rights &#8211; &#8220;No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence&#8230;&#8221;</p>
<p>As to unequal application, one recalls that, even in divorce actions, the confessions of the wife, defender, coupled with some  independent evidence, not otherwise conclusive, may warrant the Court in finding that adultery is proved against her, while, her confessions not being evidence against the co-defender, he escapes; and thus divorce may be granted against the wife for adultery committed by her with him, while he himself is assoilzied from the action.  This is particularly likely in jurisdictions that apply the criminal standard of proof in consistorial actions – proof beyond reasonable doubt and on corroborated evidence.</p>
<p>I should have thought the like results in criminal cases would be inevitable.</p>
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		<title>By: Jonathan</title>
		<link>http://www.firstthings.com/blogs/firstthoughts/2012/10/31/cheating-as-a-human-right/comment-page-1/#comment-77909</link>
		<dc:creator>Jonathan</dc:creator>
		<pubDate>Wed, 31 Oct 2012 18:46:37 +0000</pubDate>
		<guid isPermaLink="false">http://www.firstthings.com/blogs/firstthoughts/?p=50138#comment-77909</guid>
		<description><![CDATA[How about we simply ensure that laws are enforced regardless of the sex, age, etc. of the parties involved? Make sure men are equally penalized for adultery. I do not think it would be a bad idea in the United States to allow for that (or for alienation of affection suits).]]></description>
		<content:encoded><![CDATA[<p>How about we simply ensure that laws are enforced regardless of the sex, age, etc. of the parties involved? Make sure men are equally penalized for adultery. I do not think it would be a bad idea in the United States to allow for that (or for alienation of affection suits).</p>
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		<title>By: jason taylor</title>
		<link>http://www.firstthings.com/blogs/firstthoughts/2012/10/31/cheating-as-a-human-right/comment-page-1/#comment-77908</link>
		<dc:creator>jason taylor</dc:creator>
		<pubDate>Wed, 31 Oct 2012 18:20:54 +0000</pubDate>
		<guid isPermaLink="false">http://www.firstthings.com/blogs/firstthoughts/?p=50138#comment-77908</guid>
		<description><![CDATA[&quot;Or else? What? We’ll send in the blue helmets?&quot;

No. They will just shock them with the absolute horror of their disapproval.]]></description>
		<content:encoded><![CDATA[<p>&#8220;Or else? What? We’ll send in the blue helmets?&#8221;</p>
<p>No. They will just shock them with the absolute horror of their disapproval.</p>
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