This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book addresses the recent explosion of theories of democratization within a globalized world. It looks at some of the philosophical debates underlying democracy in order to explain why it has evolved into such an ambiguous concept. The book surveys the arguments supporting the expansion of 'democracy' from its individualistic orientations to an account that is more able to accommodate the concerns and aspirations of groups. It examines the claim that a robust democracy depends upon our ability to 'strengthen civil society'. The book situates the debate over democracy and development more closely by examining the political context surrounding the inflation of democratic meaning. It presents a basic conception of 'democratic neutrality' which preserves the ability of democracy to prevent the concentration of power based upon political or economic influence.

The introductory chapter provides a brief contextual overview of the Sunningdale agreement, the ways in which it was interpreted and explained, the lessons that political actors drew from it, and questions concerning its ramifications for subsequent political developments in Northern Ireland. It goes on to set out the rationale for the book – namely, the absence of any sustained investigation of how the agreement influenced subsequent (generations of) political actors in Northern Ireland. The chapter outlines the key questions that contributors will explore in greater depth surrounding the implications that the 1973-1974 power-sharing experiment and its failure had for political developments in Northern Ireland. The chapter concludes with a short description of how each chapter develops these themes and how the individual chapters relate to each other.

This chapter considers two torts that impose civil liability arising out of the failure to exercise, or the wrongful exercise, of statutory duties and powers. The first is the tort of breach of statutory duty. A breach of statutory duty will not ordinarily give rise to a private law cause of action. However, a private law cause of action will arise if, on the proper construction of the statute, it can be shown that the statutory duty was imposed for the protection of a limited and specific class of persons and the legislature intended members of that class to have a private right of action to obtain a remedy for the breach of the statute. The gravamen of the second tort, misfeasance in public office, is the dishonest misuse of public power by a public officer. This tort provides a remedy where a public officer has misused their public powers or duties by acting intentionally so as to harm the plaintiff or by knowingly or recklessly exceeding their powers where they knew about, or were reckless as to the likelihood of, harm to the plaintiff.The chapter is not concerned with liability in negligence for the performance or non-performance of a statutory power or duty.

This chapter looks at the 'liberal' nature of democracy. It begins with a brief overview of the historical development of liberalism and liberal democracy, and their contemporary manifestations. 'Identity politics' are the greatest challenge to traditional liberal democratic principles within the contemporary political sphere. Marxism and liberalism have commonly been linked by the critics in the dependence of the two schools upon the assumptions of rationality, neutrality, and inexorable scientific progress. Like feminism, postcolonialism views the assumptions of neutrality within liberalism as inherently biased. The goal of postcolonialism, writes Gyan Prakesh, is 'to force a radical re-thinking and re-formulation of forms of knowledge and social identities authored and authorized by colonialism and western domination'. The chapter examines current philosophical challenges to liberal democracy. It also examines the epistemological debate, and argues that any account of democracy must ultimately rest upon some account of impartiality.

This chapter introduces you to tort law. One aim is to equip you with an overview of fundamental torts that will form an integral first step in your learning journey of tort law. In this chapter, we explain important theoretical frameworks that underpin tort law, such as corrective justice, economic efficiency theory, distributive justice and feminist critiques. We also explore the important connection between torts and human rights, along with tort law and the Stolen Generations litigation. Next, the chapter addresses important practical considerations such as litigating a tort claim. Finally, it outlines some key reforms in tort law that impact the law as it operates in modern society, along with statutory schemes that can supplement fault-based tort claims.

At their broadest, remedies are simply the different ways in which tortious disputes are resolved. Normally, the courts provide remedies upon an ultimate finding that the defendant actually breached a duty they owed the plaintiff – that is, upon the plaintiff successfully establishing the elements of their cause of action and the defendant failing to establish a relevant defence.This chapter begins by differentiating between self-help and court-ordered tort remedies. It then divides court-ordered remedies into two categories: first, specific relief, as exemplified by the remedy of injunction; and second, substitutionary relief, as exemplified by the remedy of monetary damages. This chapter mainly examines the remedy of ‘compensatory damages’. It focuses, in particular, on its role in remedying (or ‘putting right’) two types of harm that breaches of tortious duties often cause plaintiffs to suffer: property damage and personal injury. The final part of the chapter addresses remedies in cases involving multiple tortfeasors.

Defamation is a ubiquitous tort in modern society. Defamation protects a person’s reputation, rather than their bodily integrity, goods or land. With the rapid expansion of social media, it is frighteningly easy for false and disparaging comments to spread online like wildfire. This chapter introduces the tort of defamation and its purpose in society. Defamation has undergone substantial reform over the years, thus key amendments are explained, along with emerging issues. The chapter outlines and explains the elements of defamation and explores cases that clarify how courts interpret and apply defamation principles. Next, defences and remedies are explained, followed by the increasing focus on defamation and social media. The chapter concludes with a brief discussion of privacy and breach of confidentiality, on which plaintiffs can rely when defamation does not assist.

Democracy', as a description of the institutions and processes required for an appropriate degree of accountability to be maintained over time, has been successful largely. The success is because of its ability to accommodate a wide range of interests within a relatively stable political environment. Identity politics can be viewed both as an outgrowth of liberal thought and as a critical response to it. This chapter discusses current controversies within the field of democratic theory. An ambiguity of democracy concerns the extent to which the undesirable outcomes ought to be addressed and mitigated or tolerated and accepted. The function of democracy is to ensure the diffusion of power by stipulating that each citizen has the ability to influence the outcome of political decision-making. As Richard Tuck has shown, the modern account of 'human rights' is firmly grounded in a narrower base of property rights.

In order to hold someone liable for the tort of negligence, it is not enough for the plaintiff to establish that, first, the defendant owed them a duty of care and, second, the defendant breached that duty by failing to meet the requisite standard of care. A further requirement for the imposition of negligent liability is that the plaintiff suffered legally recognised damage as a result of the defendant’s breach of their duty. This is the third necessary requirement of a successful claim in negligence. Once it is proved, the plaintiff’s cause of action is complete. It therefore comprises the third and final stage of a negligence inquiry.This chapter focuses on this requirement. It breaks it down into three distinct questions: (1) Has the plaintiff suffered damage that is actionable in negligence, or has the law yet to recognise such damage? (2) Is the plaintiff’s (legally recognised) damage causally related to the defendant’s breach of their duty of care? And (3) Ought the full extent of the plaintiff’s damage be within the scope of the defendant’s liability to compensate for it?

Towards the end of 1973 republicans were forecasting that 1974 would be the ‘Year of Liberty’ and mark the defeat of British imperialism. In a little over a year the Provisionals agreed a truce with the British. This chapter will examine the strategy of the republican movement in this period . It will consider the thesis put forward by Ed Moloney in history of the IRA that this period was characterised by the organisation being on the military defensive while it was deeply divided over the possibility of negotiations with the British. It will argue that by this time although the IRA was on the defensive in Belfast, its position in rural and border areas, sustained by a developed infrastructure of support in the rest of Ireland made it a more formidable threat than the Moloney thesis allows.