Eoin – Page 102 – Cearta.ie

Legal theory in historical and comparative perspective

Posted on 17 April, 2010 by Eoin

At the Irish Jurisprudence Society (IJS) Symposium, the third paper is being delivered Dr Seán Patrick Donlan (UL | Comparative Law Blog | ESCLH | ISCL | Juris Diversitas) on “The drunkenness of things being various”: legal theory in historical and comparative perspective.

The title quote is from “Snow” by Louis McNeice, and the key word is “various”. His background is a jurist from a mixed jurisdiction working with the comparative method, and his text is was replete with variety, in his sources, in his language, and in his theoretical perspective. Donlon began with the assertion that anglophone legal theory frequently lacks historical and comparative perspective, and his paper represents one strand of theory providing that perspective. He explores the historical ‘hybridity’ (rather than ‘pluralism’) and ‘diffusion’ of Western law, that is, the mixtures and movements of law and non-state norms. His argument is that the historical and comparative fact of hybridity – the diverse instantiation of law historically and, more often, comparatively – forces a major re-evaluation of the goals of legal theory. He began with a tour de theatre of comparative legal history and comparative modern legal systems, and moved to an analysis of the theoretical and normative underpinnings of this diversity.…

The Role of Rights in Furthering Democratic Decision-Making

Posted on 17 April, 2010 by Eoin

At the Irish Jurisprudence Society (IJS) Symposium, the second paper was delivered by Dr Darren O’Donovan (UCC) who spoke on The Role of Rights in Furthering Democratic Decision-Making: The Fruitful Conflict between Deliberative Democrats and Critical Race Theorists. Many threads were interwoven into a fascinating cloth. Against the background of the protection of the rights of the travelling community, UK and ECHR case-law concerning the banning of veils and burqas in schools, and special needs education, he strove for participation as a principle for the implementation of rights and and the re-invigoration of a human rights culture. These practical considerations grounded an analysis of two competing perspectives, deliberative democracy as represented by Juregen Habermas and John Rawls, and critical race theory as represented by Iris Marion Young and Melissa Williams. His basic position is that law should be based on a realistic understanding of human behaviour, and that the consequential limits of the law should be properly appreciated. From the abstract:

In deliberative theory, the aim of law, and human rights in particular, is to remove coercion and inequality from democratic decision-making, so that the only influence is the force of the better argument. Much of the work of both deliberative democrats and their critics falls upon the possibility of this ideal consensus.

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The Security State and Constitutional Justice

Posted on 17 April, 201017 April, 2010 by Eoin

At the Irish Jurisprudence Society (IJS) Symposium on Jurisprudence and Legal Theory at University College Cork, the first paper was delivered by Dr Shane Kilcommins (UCC), who spoke about The Security State and Constitutional Justice: the dangers of ignoring a ‘rights-based conception of the Rule of Law’ that ensures that ‘the majority cannot travel as fast or as far as it would like’. His paper traced the present history of penology from Michel Foucault to David Garland. Garland’s work sees the present as a time of the decline of the rehabilitative ideal, the (re)emergence of punitive sanctions and expressive justice, focus on the perspective of the victim, protection by (rather than from) the state, and the (re)emergence of the prison. In many ways, Irish criminologists can point to a similar development in Ireland: the ‘tooling up’ of the executive power of the state thanks to a hyperactive legislature wanting to be seen to be tough on crime.

Kilcommins’ key point however, is that we must not overstate this development, we must not be misled by the uniqueness of the present. He cites Michel Foucault: “we should have the modesty to say to ourselves that the time we live in is not the unique or fundamental or irruptive point in history where everything is completed and begun again”.…

Tax day, excise and Dr Johnson

Posted on 15 April, 201019 April, 2010 by Eoin

On this day, 15 April, millions of US citizens will complete their annual tax returns: for the IRS, today is filing day, colloquially known as tax day. It is also the day on which, in 1755, the first edition of Dr Samuel Johnson‘s Dictionary of the English Language was published. Many of the US taxpayers filing their taxes today would probably apply to their situations the sentiments of one of his better know definitions:

Excise: a hateful tax levied upon commodities and adjudged not by the common judges of property but wretches hired by those to whom excise is paid.

The Commissioners of Excise sought the advice of the Attorney General as to whether the definition was defamatory and invited Johnson to amend it. Characteristically, he declined, and the definition appeared in subsequent editions of the Dictionary. However, the Commissioners did not pursue a defamation claim against him, but there is evidence to suggest that they did keep watching to see if he ever amended the definition.

This post is republished from the updates feed of the website for the conference on Restitution of Overpaid Tax (Merton College Oxford, 9 and 10 July 2010).…

Fourth Legal Education Symposium – more information

Posted on 14 April, 201023 June, 2011 by Eoin

As I’ve already posted here, the Fourth Legal Education Symposium will be hosted by the School of Law, University of Limerick in the Kemmy Business School on Friday, 14 May 2010.

Due to the generous sponsorship of Limerick solicitors’ firm Holmes O’Malley Sexton, there is no conference fee, but registration is essential, and a form is available by email.The programme for the day includes two plenary sessions, one in the morning and one in the afternoon, and several parallel workshop session in both the morning and the afternoon.

Speaking in the morning plenary session on The Purpose of a Law Degree will be Professor Fiona Cownie, Keele University, Dr John Temple Lang, Cleary Gottlieb Steen Hamilton, Brussels, and Professor Paul McCutcheon, Vice President Academic, University of Limerick.

Speaking in the afternoon plenary session on Promoting Legal Research will be Professor Sally Wheeler, Queens University,Belfast, Dr Neville Cox, Trinity College Dublin, and Professor Sandeep Gopalan, NUI Maynooth.

Kudos to Sinead Eaton for putting together a really excellent package.…

This is my life

Posted on 11 April, 201030 March, 2010 by Eoin

From the ever-wonderful Tim Fishburne‘s this one time at brandcamp cartoon blog:

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A Proper Scrabble in today’s Irish Times editorial

Posted on 10 April, 201010 April, 2010 by Eoin

An editorial in today’s Irish Times [with added links]:

Proper Scrabble

QUIXOTRY: According to Webster’s, “Quixotism, or visionary schemes”. And 365 Scrabble points for Michael Cresta on a record-breaking night in October 2006, including a “triple-triple”, covering two triple-word scores with one word – worth nine times the value of the word – a double letter score on the X, plus the 50-point bonus for using all seven letters.

Not to put a tooth in it, however, what we were concerned with this week was definitely not a “visionary scheme”. More like crass commercialism, a pandering to youthful ignorance, and the debasement of a great game played in 121 countries and 29 languages. For Scrabble’s manufacturer Mattel, horror of horrors, had apparently announced it intends to make the first major rule changes in 62 years, allowing inter alia the use of proper nouns including geographic names, celebrities and even products and companies “to enable younger players and families to get involved”.

The reports unleashed a torrent of righteous indignation around the world from traditionalist Scrabblers and the press. The Thunderer thundered. An Australian [Canadian?] writer compared the changes to poet Robert Frost’s view of free verse as akin to playing tennis with the net down.

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Blasphemy: Historical anachronism or modern crime?

Posted on 10 April, 201010 April, 2010 by Eoin

The Long Room Hub, Trinity College Dublin, presents a public lecture entitled

Blasphemy: Historical anachronism or modern crime?

by Professor David Nash, Department of History, Oxford Brookes University, UK.

The lecture will take place from 4:00pm to 5:30pm on Tuesday, 20 April 2010 next, in the Swift Lecture Theatre (Room 2041A), Arts Building, Trinity College Dublin (map here).

David Nash is the author of Blasphemy in Modern Britain 1789-present (Ashgate Publishing, 1999 | Amazon) and Blasphemy in the Christian World (Oxford University Press, 2007 | Amazon) and I am told that all are welcome to attend (though it is probably best to contact the Hub to be sure). I’m really looking forward to this; it is just one of many forthcoming events organised by the Hub, especially their fascinating Trinity Week events (next week, from 12 to 17 April) under the banner of Ideas For the Future.…