Indiana University-Purdue University Indianapolis (IUPUI)

This master thesis asks the question “Why are confessions so convincing?”. To provide an answer, I use Austin’s speech act theory to investigate how confessions work within the context of Swedish law. This model was fit for purpose; however, the theory lacks a temporal dimension necessary to understand the mechanisms in play when confessions convince someone. To account for this discrepancy, I use Derek Beach’s process tracing. Given the sometimes-strained relation between law and rhetoric I completed extensive reviews of literature on judicial rhetoric, both historically and contemporary. The current literature suggests that Swedish scholars of law use rhetorical theories more often than expected, however, Swedish scholars of rhetoric seem to interact with law a lot less. One of the findings of this thesis is that a rhetorical perspective, and the perspective from someone outside the field of law, may add significantly to understandings of confessions. Confessions are culturally important and often misunderstood, initially perceived as an unavoidable part of human nature. However, as discussed in this text, confessions are not rooted in human nature, but in cultural conventions, with a historical tradition dating back to the Middle Ages. When researching confessions in general, this paper identifies tensions between three kinds of confessions: religious confessions, juridical confessions, and psychotherapeutic confessions. Ten Swedish judges were interviewed, and 1599 court decisions were analyzed for this paper. Through this material an agreed upon ritual in which confessions become convincing appears. This ritual is however not the only reason why confession become convincing. Confessions can be detailed, coherent, and nuanced, which makes them more believable. The power to convince through confession consists of a complex net of different mechanisms, some based in the law system, and some based in rhetoric.

Literature and medicine are not usually seen as related disciplines, but scholars have already begun producing fruitful scholarship regarding historical and aesthetic interactions between them. This thesis adds to that scholarship by examining medicine and literature in nineteenth-century Britain. More specifically, Thomas De Quincey's Confessions of an English Opium-Eater and Robert Louis Stevenson's Strange Case of Dr. Jekyll and Mr. Hyde both use nineteenth-century medical case conventions to tell their stories. Furthermore, because both works deal with addiction, divided selves, and the power that physical substances can have on morality and character, these two works provide an excellent comparison coming 65 years apart. As such, they are a great point from which to begin looking more closely at how the interactions between medicine and literature evolved during the nineteenth-century in Britain. This thesis examines the role that "scientific" discourse has played in medicine and literature as interpretive disciplines, the rhetorical techniques and innovations surrounding the intersection of the two disciplines, and the authority that each discipline derived by implicitly borrowing ideological assumptions and textual forms from the other. Confessions is a wonderful example of a Romantic, autobiographical text that clearly uses the medical case study conventions; in fact, De Quincey was often cited in the years following the publication of Confessions as an authority on opium and its uses. By the time Jekyll and Hyde was published, however, a work like Confessions could no longer hold its own in medical debates. The professional institutions of medicine and literature had changed too much. Hence, by analyzing these two works side-by-side, I intend to illustrate different narrative approaches to similar issues at the beginning and end of the century. More importantly, I hope to use these texts in conjunction with specific medical case histories to discuss each text's reliance on interdisciplinary authority.

The Russian Evangelical Soteriology as a phenomenon was evaluated in the dissertation. The original Russian Evangelical confessions of faith and some other historical documents of the end of the 19th and the beginning of the 20th centuries are used to present the following hypothesis. The historic fluidity of Soteriology of Russian Evangelica1s may only be understood in the light of their consistent adherence to the principles of Sola Scriptura and the Priesthood of all believers. We come to conclusion that the existence of Russian Evangelical Soteriology is not a question to be discussed, but a clear historical fact. We show that it has its past and present, a well-defended subject of study with clear presuppositions, rather developed vision, and it is unique as a phenomenon. The major principles of this theology strictly devoted to the Scripture and a flexible formulation of doctrines. We strongly insist that it is impossible without being eclectic combine the Evangelical Soteriology of Scripture with the Orthodox Soteriology of Tradition. The additional result of the study is the attempt to evaluate the possibility for a reconstruction of Russian Evangelical Soteriology as a part of a self-identification process. / Systematic Theology and Theological Ethics / M. Th. (Systematic Theology)

Summaries in Afrikaans and English / Text in Afrikaans / In hierdie proefskrif word daar gekonsentreer op die bewyslas in die nywerheidshof omdat die nywerheidshof se benadering met betrekking tot die bewyslas verskil van geval tot gevaL afhangende van die aard van die regshulp waarvoor die party je die nywerheidshof nader. In die tweede plek volg 'n bespreking van hoe en deur wie die voorlegging van getuienis aan die nywerheidshof mag geskied, hetsy by wyse van dokumente of getuies en daarbenewens oak 'n bespreking van watter soort getuienis aan die nywerheidshof voorgele mag word met spesifieke verwysing na inter alia, klankopnames, videobande en die resultate van leuenverklikkertoetse. / In this thesis there will be concentrated on the burden of proof in the industrial court because the industrial court's approach in regard to the burden of proof differs from case to case, depending on the nature of the legal aid for which the party /ies approaches the industrial court. In the second place a discussion will follow of how and by whom the presenting of evidence can be done, whether by documents or by witnesses, and in addition thereto also a discussion on which sort of evidence can be presented to the industrial court with specific reference to, inter alia, taperecordings, video tapes and the results of lie-detector tests. / Private Law / LL.M. (Handelsreg)

Lollipop, Don’t Be a Hero explores the conceptual and visual themes that are presented in my MFA thesis exhibition. This thesis recounts the development of my work during the two years of graduate study at the VCU Photography and Film Department. The research looks into historical and contemporary ideas within art, social and philosophical commentary and literature, which influence my creative process and aesthetic. This work investigates the idea of giving a voice to a specific section of the working class.

Space is a visual communicator. The act of perceiving space is a neurological soiree that projects and negotiates meaning in our constructed world. The poetry that we observe within space is tied directly to our emotions and to previous experience. Within ourselves, we each have particular feelings, unconscious or not, relating to height, length, and depth, as well as light and shadow. For example, a long, narrow hallway may elicit anxiety, while an open, sunlit nave in a cathedral may bring about feelings of serenity and joy. Our observations and interactions within the perceptual confines of space reveal clues to construction, movement, and play. Additionally, this participation unveils our awareness of space, and thus, reveals that our relationship with space exists in our acknowledgement of it—in our permitting of perception through conscious participation. To explore these ideas further, I will utilize typography to create immersive, sensory experiences that challenge interpretation through the application of human thought, or sensations, to non-living things and material states. This method will assist the observers to rationalize and create meaning within their own world through simplifying an experience in relation to self. Here, spatial language—like light, shadow, dimension, and proximity—will be exposed as a universal and innate part of our perception.

本研究主要是陳述自白濫用之困境與解決途徑。過去法院在審理案件時，相當重視犯人的自白，然而過份強調自白容易違反無罪推定原則及公平法院原則，且易造成誤判。自白信用性應如何確定，一直是刑事法學及偵審實務上最具爭議且影響事實認定之重大的課題，但深入探討此議題的文獻有限。在台灣最著名的冤案之一就是江國慶案，其冤案成因，主要是法院與偵查機關過度依賴江國慶的自白，研究者為監察院調查官，於民國92年奉命調查此案，調查期間因案件需要，遂開始研究此議題。拉丁法諺明確說明「自白是證據之王」。過去常見使用非任意性自白作為裁判基礎，但對於如何獲取自白方式較不被重視，使用酷刑取得非任意性自白很常見。雖然現代社會使用拷問及酷刑方式取得非任意性自白並不多見，但法官與檢察官仍十分重視自白，因與其他證據相較，自白較容易勾畫犯罪事實之全貌，具有較優勢的地位。雖然自白之取得縱未經強暴、脅迫、利誘、詐欺或其他不正方法，然仍有許多案件顯示有虛偽自白情形。到底是何種原因產生虛偽自白，應該用何種分析方式與審查標準評價該自白，首先必須探討國家機關獲取自白之方式與過程對於犯罪嫌疑人心理影響，始能明瞭自白內容其實是偵訊者透過訊問與犯罪嫌疑人溝通互動之產物，存有偵訊者主觀的意念。因此，本研究之目的主要是藉由江國慶案件深入分析自白信用性，並訂定出審查標準。 本文引用日本有關自白信用性之學說、研究結果以及現行實務，配合我國實務現狀，再藉由江國慶案卷證，描繪自白信用性審查標準。江國慶案因受限軍事審判法規定，不得上述上訴最高法院審酌，其中有關江國慶自白部分具有相當疑義，包括自白之成立係在高壓偵訊環境中所生, 自白與證物不一致等。本案為密室偵訊之典型案例，其中雖自白任意性之爭議極大，但因任意性舉證極為困難，導致歷審軍事法院均三言兩語駁回被告有關任意性之調查證據之聲請，此即為自白任意性在實務操作最大的問題；就自白信用性部分，歷審法院認定方式較無標準，這也是我國實務上之通病。綜合文獻及實務，研究者認為在審查自白信用性的標準應包括：(1)自白成立過程 (2)自白內容變動之合理性 (3)體驗供述之陳述 (4)秘密的暴露 (5)自白與客觀證據之一致性 (6)可供證實之物證不存在與欠缺相關情況證據 (7)犯罪嫌疑人對犯行前後偵訊者以外之人言行與被告的辯解等7項標準。 希望藉由本研究所訂定之標準，提供從事司法實務者在審判審案件時有一清晰客觀的標準，以達成維護公共福祉與保障人權。 / The focus of this study was to describe the dilemma regarding the abusive use of confessions and its solution. In the past, a great emphasis has been placed in course on the confessions of the accused. However, an overemphasis on confessions may violate the principles of presumption of innocence and just court, resulting in miscarriage of justice. Determining the credibility of confessions has been one of the most controversial issues in the criminal law and in the investigation and trial practice. However, limited studies have explored on this issue. In Taiwan, one of the most well-known cases of injustice is the case of Chiang Kuo-Ching. The primary reason for the injustice was the over-reliance of the court and investigation agency on the confession of Chiang Kuo-Ching. As an inquisitor at the Control Yuan, the researcher was involved in the investigation of the case of Chiang Kuo-Ching in 2003. During the investigation, the researcher began a more in-depth study on the issue of abusive use of confessions. Latin law principles proclaim that “confession is the king of evidence”. Involuntary confessions have been commonly used in the past as a foundation for judicial judgment. However, the strategies for acquiring confessions were not stressed. Torture was used in the past for the acquisition of involuntary confessions, while it is not a current practice. Currently, judges and prosecutors greatly value confessions due to their greater capacity of providing an overall picture of the criminal facts, as compared to other strategies. In many cases, false confessions are commonly present. To understand the causes of false confessions and to develop standardized determining criteria for false confessions, it is critical to explore the psychological impacts of the processes and strategies of acquiring confessions on the criminal suspects. Such exploration will provide an understanding that a confession is the product of the interactive communications between the investigator and the suspect, involving the subjectivity of the investigator. Therefore, the purpose of this study was to analyze the credibility of confessions and to develop an evaluation criteria based on an analysis of the case of Chiang Kuo-Ching. A Japanese theory of credibility of confessions, research findings, current practice in Taiwan and the case of Chiang Kuo-Ching were used to develop credible evaluation criteria for confessions. Due to the restriction from the military trail law placed on the case of Chiang Kuo-Ching, appeal to the Supreme Court was not permitted. Several elements of the confession of Chiang Kuo-Ching were questionable, such as the highly stressful interrogation environment for the confession, and the inconsistency between the confession and evidences. The case of Chiang Kuo-Ching is a typical case of secret interrogation, which generates great controversial on the voluntary nature of confessions. Due to the difficulties in obtaining evidences for voluntary confessions, the requests to acquire evidence for voluntary confessions were denied by the military court. This is the greatest problem related to the practical operation of voluntary confessions. Currently, there are no standardized evaluation criteria to review the credibility of confessions, which has been a common issue in the practical judicial operation. Derived on the literature and practice experiences, the researcher proposed the application of seven criterions in the evaluation of the credibility of confessions: (1) process of acquiring confessions, (2) rationality of changes in the contents of confessions, (3) existence of criminal experiences, (4) exposure of secrets, (5) consistency between the confessions and objective evidences, (6) lack of evidence to proof the crime of the accused, and (7) the words and actions of the suspect toward the individuals other than the investigators before and after the crime, and the argument of the defendant. The finding of this study will provide an objective and standardized criteria for judicial practice for the purposes of protecting public welfare and human right.

In recent decades in Newfoundland, a sustained interest in Christian symbols, stories, and values has been paired with increasing criticism of Christian religious institutions and agents. Newfoundlands burgeoning tradition of professional humour has reflected this changing set of relationships to Christianity. This robust young humour tradition richly reflects the ongoing pluralization and secularization of Newfoundland culture, and abundantly exemplifies humours distinctive potential as a means of addressing potentially contentious or vexing issues. Yet, surprisingly, literary criticism has almost entirely avoided the prominent stream of Newfoundland humour that addresses the islands religious legacy.<p>This project aims to begin to correct this substantial critical omission, examining points of continuity among a number of works produced over the past four decades. It focuses on the works embrace of political and/or epistemological pluralism, typically married to religious skepticism and to misgivings about conventional arrangements of religious power. Chapter One provides an historical and critical context for the project, introduces subsequent chapters, and speculates on ramifications of the pluralistic current that runs through the works in the study. Chapter Two examines religious jokes in Newfoundland joke books. It emphasizes the jokes overall tendency toward (an often ambiguous) religious conservatism, as well as the books latent pluralism regarding interdenominational relations. Chapter Three focuses on journalist and playwright Ray Guys often fierce satire of Christian religious agents and institutions. It argues that Guys satire utterly rejects the legitimacy of religious authority in the civic realm, largely on the grounds that transcendent truthfulness is often invoked as a means of justifying otherwise objectionable power. Chapter Four explores the ecumenical religious humour of columnist and memoirist Ed Smith. It focuses on Smiths playful efforts to harmonize Christian faith and practice with a measure of religious uncertainty presented as a necessary foundation for humane coexistence. Chapter Five examines Ed Kavanaghs novel The Confessions of Nipper Mooney. Primarily, it explicates and examines the novels liberal favouring of the individual moral conscience, and the symbolic association of its religiously dissident and/or marginalized protagonists with elements of the Catholic tradition. Chapter Six discusses Berni Stapletons comic play The Pope and Princess Di. The chapter emphasizes the plays presentation of symbols constant subjection to alteration and hybridization, and its cautious regard for valuable symbols (religious or otherwise) that nonetheless become destructive when viewed as sacrosanct.<p>Chapter Seven concludes the study by considering the works participation in political, philosophical, and literary/dramatic movements that problematize long-established religious modes and support a secular-pluralist outlook. It reflects on the role of humour in movements for change and on didacticism and popular humour as features of publicly engaged literature; it discusses other works of Newfoundland humour that approach religious matters from similarly secular, though less overtly political, angles; and it speculates on some social implications of the ascendancy of liberal, pluralistic values, considering these Newfoundland works in a more general Canadian cultural context.

In recent decades in Newfoundland, a sustained interest in Christian symbols, stories, and values has been paired with increasing criticism of Christian religious institutions and agents. Newfoundlands burgeoning tradition of professional humour has reflected this changing set of relationships to Christianity. This robust young humour tradition richly reflects the ongoing pluralization and secularization of Newfoundland culture, and abundantly exemplifies humours distinctive potential as a means of addressing potentially contentious or vexing issues. Yet, surprisingly, literary criticism has almost entirely avoided the prominent stream of Newfoundland humour that addresses the islands religious legacy.<p>This project aims to begin to correct this substantial critical omission, examining points of continuity among a number of works produced over the past four decades. It focuses on the works embrace of political and/or epistemological pluralism, typically married to religious skepticism and to misgivings about conventional arrangements of religious power. Chapter One provides an historical and critical context for the project, introduces subsequent chapters, and speculates on ramifications of the pluralistic current that runs through the works in the study. Chapter Two examines religious jokes in Newfoundland joke books. It emphasizes the jokes overall tendency toward (an often ambiguous) religious conservatism, as well as the books latent pluralism regarding interdenominational relations. Chapter Three focuses on journalist and playwright Ray Guys often fierce satire of Christian religious agents and institutions. It argues that Guys satire utterly rejects the legitimacy of religious authority in the civic realm, largely on the grounds that transcendent truthfulness is often invoked as a means of justifying otherwise objectionable power. Chapter Four explores the ecumenical religious humour of columnist and memoirist Ed Smith. It focuses on Smiths playful efforts to harmonize Christian faith and practice with a measure of religious uncertainty presented as a necessary foundation for humane coexistence. Chapter Five examines Ed Kavanaghs novel The Confessions of Nipper Mooney. Primarily, it explicates and examines the novels liberal favouring of the individual moral conscience, and the symbolic association of its religiously dissident and/or marginalized protagonists with elements of the Catholic tradition. Chapter Six discusses Berni Stapletons comic play The Pope and Princess Di. The chapter emphasizes the plays presentation of symbols constant subjection to alteration and hybridization, and its cautious regard for valuable symbols (religious or otherwise) that nonetheless become destructive when viewed as sacrosanct.<p>Chapter Seven concludes the study by considering the works participation in political, philosophical, and literary/dramatic movements that problematize long-established religious modes and support a secular-pluralist outlook. It reflects on the role of humour in movements for change and on didacticism and popular humour as features of publicly engaged literature; it discusses other works of Newfoundland humour that approach religious matters from similarly secular, though less overtly political, angles; and it speculates on some social implications of the ascendancy of liberal, pluralistic values, considering these Newfoundland works in a more general Canadian cultural context.