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Prima Facie (NHB Modern Plays)

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She masterfully manages the dramatic shift to the assault, holding us rapt and horrified, though Tessa’s decision to take to the witness stand herself is not entirely convincing, story-wise, for a woman who knows that “the law on sexual assault spins on the wrong axis” and that women are so often doomed to lose. The professional strategist and cynic of the start seems too far removed from the believer in true justice she later becomes. But an unexpected event forces her to confront the patriarchal power of the law, where the burden of proof and morality diverge. I saw this [kind of thing] over and over again as a lawyer; young men would go into prison and would be viciously sexually assaulted … and become homophobic, violent, hyper-vigilant and angry," Miller observes. Under this form of ethics you can't justify an action by showing that it produced good consequences, which is why it's sometimes called 'non-Consequentialist'.

Although Kantian ethics are usually spoken of in terms of duty and doing the right thing, Kant himself thought that what was good was an essential part of ethics. In the play, after she is sexually assaulted, all Tessa wants to do is cuddle up next to her mum on her old floral sofa. Kant is clear that each of these versions is merely a different way of expressing the same rule; they are not different rules. Moral rules must be universalisable Not much has happened to make Miller’s text less relevant and, although the play has sparked a review of consent law in the UK, it’s unlikely that there has been any material change to the statistics that the play hammers home. Depending on the jurisdiction, it’s estimated that between one in five and one in three women have been sexually assaulted; that only one in 10 rapes are reported to police. Of the ones that make it to trial, the conviction rate is less than 2%. That some fact intensifies a reason provided by some other facts does not in principle prevent the intensifier from also providing a reason to do the same act. I am not aware of a principled reason for supposing that intensifiers cannot also be reasons. So one way of making Phillips' interpretation of Ross consistent with ER would be to suppose that the facts that figure in Ross's special obligations are both intensifiers and reasons. But this is not Phillips' view, and I think it would exaggerate the role that special obligations play. My view is, therefore, that this is a philosophically uncharitable reading of Ross.Since I don't want there to be a rule that lets people break promises they make to me, I can conclude that it would be wrong for me to break the promise I have made.

The categorical imperative comes in two versions which each emphasise different aspects of the categorical imperative. I felt like, after a certain point, that I was just putting my finger in the leaks; trying to keep one person out of prison every day without any systemic change."But it's [also] about the community and the rape myths that absolutely abound in the community and in juries, because juries are representatives of the community," she adds. Jailbaby After a brief stint in corporate law, Miller began working as a human rights and children's rights lawyer in community legal centres. Ross later described prima facie duties as "responsibilities to ourselves and to others" and he went on to say that "what we should do (our duty proper [our actual duty]) is determined by the balance of these responsibilities." Problems with the Rossian approach I wrote about young girls or boys that were really poor, who had to struggle to survive. I went to a Catholic convent school, so there was a bit of moralising going on."

As in Australia, Prima Facie's London run was a popular hit and provoked big emotional reactions; but the play's impact on the legal scene has been even more significant. When Prima Facie won the Olivier Award for best new play earlier this year, its Australian playwright, Suzie Miller, was caught off guard. if the ethical rule you claim to be following cannot logically be made a universal rule, then it is not a valid moral rule. Comer is in almost constant motion, and we wait for her energy to falter but at no point does it sag. Though entirely different in subject matter, her performance matches that of Rafe Spall’s in the monologue Death of England. Many barristers and judges from the Old Bailey came and saw the play; a number of them then set up TESSA (The Examination of Serious Sexual Assault), an organisation dedicated to examining and redrafting the UK's 20-year-old sexual assault legislation.

Duty-based ethics are usually what people are talking about when they refer to 'the principle of the thing'. when we have reached sufficient mental maturity and have given sufficient attention to the proposition it is evident without any need of proof, or of evidence beyond itself After several acclaimed productions in Australia and winning the Australian Writers' Guild Award for Drama, the play received its European premiere at the Harold Pinter Theatre in London's West End in April 2022. It was produced by Empire Street Productions, directed by Justin Martin, and starred Jodie Comer, the Emmy and Bafta Award-winning star of TV's Killing Eve, making her West End debut. Suzie Miller has created a relatable, seminal work in our understanding of sexual abuse. Brilliant!' Magda Szubanski It's a remarkable achievement for a play that its writer thought would never get up – and a triumph for the 59-year-old, in the second act of her career after 15 years as a defence lawyer.

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