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The 1935 Wicklow Gold inquiry and the 1943-1947 Tribunal trilogy, the Great Southern Railways Tribunal, Dr. Francis Constantine (Con) Ward and Locke Tribunals, occurred because of the personal antagonism between Patrick McGilligan and R. Fanning Seán Lemass. Clann na Poblachta was established in July 1946 in Barry's Hotel Dublin, just weeks after Robert Briscoe TD's evidence in a controversial Special Criminal court case and the publication of the Ward Tribunal report. Prompted by Ward's resignation, the Briscoe incident and recent convictions for Seanad Éireann's bribery, the Taoiseach sought to legislate for political standards in the context of a Privileges Act. The Locke Tribunal became an examination of Oliver J. Flanagan's credibility. This chapter details the nuances of the various inquiries to illustrate how corruption changed because of new economic circumstances and how the influence of a political rivalry was fundamental in bringing Michael Collins' meticulous concerns to public attention.
Once a duty of care has been established, the plaintiff must then establish that there was a failure to comply with that duty – that the defendant fell below the standard required. There are two steps to this: establishing the standard required and determining whether the defendant fell below that standard. This area of law was developed in case law, which has been affected by statute in most jurisdictions. However, the statutes use many of the concepts, and much of the wording, from common law.
As Minister of State in Northern Ireland 1974-1976, Stanley Orme MP (1923-2005) worked at the heart of British government policies that attempted to ameliorate and politicise the membership of those loyalist groups that had successfully brought down the power sharing executive in 1974. Orme followed and extended a government policy of often secret engagement of those outside the mainstream of Northern Ireland politics; a policy that successfully brought about the Provisional IRA’s 1975 ceasefire, but which failed to bring the UVF into electoral politics with the dismal performance of the Volunteer Political Party in the 1974 general elections. Orme’s approach, outlined in the 1975 pamphlet ‘Industrial Democracy’ encouraged workers’ participation in the newly nationalised Harland and Wolff shipyard and was a direct attempt to politicise the Protestant working classes of Belfast. Orme attempted to redirect their support away from both existing militant and right-wing groups that at this time included the UDA, UVF and Ulster Vanguard. Orme’s view was that skilled industrial workers belonged within the fold of progressive social democracy and that the extension of government-backed syndicalist activity in the ship yard would empower the workers and help shift Northern Ireland as a whole from sectarian models of political activity to a class based system similar to the rest of the UK. For Orme, ‘Industrial Democracy’ was the ‘Last Chance for Northern Ireland’ and a potential solution to the province’s ills, ‘If the working-class people of Northern Ireland can be convinced that, whatever their religious denominations, they have economic interests in common, they will be able to approach the constitutional problem… with open minds.’ (‘Last Chance for Northern Ireland?’, [undated] c. 1975 LSE Orme 1/3). Using a combination of Orme’s official and private papers, this chapter seeks to explore and critique Orme’s motivation, his policy, and its effect.
This chapter notes that, as many actors in the contemporary world, the migrants remain in a constant state of movement and change; they perform a variety of identities on a daily basis, their tastes change and adapt, and they build new relationships while maintaining old ones. The ethnography presented in this book demonstrates the complexity of the lives they lead following migration. While they had understood their move to France as heralding a new way of life, the examination of post-migration lives presented here demonstrates that, instead, the migrants had taken just one small step in realizing their imaginings. The British migrants of today are the latest in a long line of Britons who have fallen for the charms of rural France.
Like George Orwell's Nineteen Eighty-Four, ‘The Poverty of Theory’ was a work that was intended as an attack on important parts of the right, as well as swathes of the left. Orwell believed that the world of the near future would be divided between mutually reinforcing totalitarian power blocs of the left and right. The coiled snake and the motto ‘Don't Tread on Me’ were made famous by Christopher Gadsden. John Saville and Ralph Miliband were keen for Edward Palmer Thompson to contribute something to the 1976 issue of the Socialist Register but, as usual, Thompson found it hard to submit a text promptly. The 1980 ‘Preface’ is probably the most widely circulated corrective to the view that ‘The Poverty of Theory’ is no more than a one-sided attack on a section of the left.
This chapter examines what relations must obtain between the inhabitants of the EU as agents or as natural persons if these interpersonal relationships are to be adequate for citizenship. It takes up the objection, associated with the ‘no-demos’ thesis, that the required social and cultural preconditions for EU citizenship – especially, a common identity – are lacking. In response it develops the notion of ‘reasonable composite selves’, selves who are able to appropriately order their own multiple and varied roles, affiliations and commitments, and to respect other persons’ justifiable, multiple, and varied roles, affiliations, and commitments. This idea, taken together with that of a ‘community of rights’, forms the basis for a conception of political community suitable for the EU and for other political frameworks beyond the nation-state.
This chapter examines contemporary novels featuring white orphans that engage intertextually with the Euro-American canon, claiming a type of literary kinship, at the same time as they draw upon a feminist counter-tradition as a form of recovered cultural memory: Marilynne Robinson’s Housekeeping (1981), Michael Cunningham’s Specimen Days (2005), and Jonathan Safran Foer’s Extremely Loud and Incredibly Close (2005). The chapter scrutinizes the particular processes that white orphan characters are involved in – processes of inclusion, exclusion, recentering, and critique – and argues that contemporary orphan stories renegotiate conventional gender divides in the American quest or picaresque, the bildungsroman, and domestic or sentimental fiction, for in these novels the trajectories of boy and girl orphans entail a repositioning in terms of gender and genre. In claiming literary kinship with earlier genres, they draw on cultural memory but also challenge central American myths.
This chapter presents the central argument of the book,jointly written by Mark Harvey and Norman Geras. Itdevelops a systematic critique of Marx’sfoundational theory of class division andinequality, the Labour Theory of Value. It presentsan alternative, neo-Polanyian, framework foranalysing inequalities and how they are generated atdifferent times in different societies. It arguesfor a broader concept of just distribution toinclude both market and public goods.
Depending on the construction of a particular crime, criminal responsibility is generally analysed in terms of an individual carrying out proscribed acts with a culpable state of mind. The framework of criminal responsibility can be extended in various ways and those extended forms will be synthesised and discussed in this chapter.The first extension category encompasses the inchoate crimes of attempt, conspiracy and incitement. The term ‘inchoate’ comes from the Latin past participle of ‘incohare’ meaning ‘to begin’ or ‘start work on’. These are substantive crimes which extend liability back in time and to other people so that conduct is criminalised, which arguably is not directly harmful but which is regarded as culpable for policy reasons and allows earlier intervention of law enforcement authorities to prevent the completed offence.The second category is complicity, which is a concept allowing for the extension of criminal liability to people other than the accused person who carries out the conduct with the requisite mental element constituting the offence. There are various forms of principal and accessorial criminal liability within the concept of complicity.
Allegoresis is interpreting a text written with straightforward literal intent as if it were an allegory. In typology, a literal person or object is treated as an anticipatory example of someone or something to come. The Bible was the most important text subject to this kind of reading, including by New Testament writers. A sampling of commentaries on the parable of the sower (Matthew 13) and the rivalry between Mary and Martha (Luke 10) demonstrates the stability of allegorical readings from the patristic to the early modern era. Although the extent to which the Bible was properly read allegorically was hotly debated in the sixteenth century, even William Tyndale’s practice had much in common with traditional four-fold interpretation. Marginal glosses from the Geneva Bible indicate the general acceptance (and by extension, the transparency) of allegorical reading. Spenser’s use of words like "type," "shadow," "image," and "figure" refer to traditional biblical exegesis, adapting a method familiar to Elizabethans from religious sources.
The techniques of social choice and game theory are increasingly being used to analyse concepts in political theory. Although these techniques may prove invaluable for teasing out contradictory formulations, puzzles and problems with traditional concepts, formal writers often begin their analysis with simplistic intuitive accounts rather than building on earlier traditions in analytic political theory. This is particularly apparent in social-choice and game-theory analysis of rights and freedoms. This chapter reviews these approaches and demonstrates that by ignoring the grammar of rights and freedoms, social-choice and game-theory analysis goes wrong from the very beginning. Formal writers need to take more account of the history of their subject, as developed in the analytic theory tradition.