'La Violence et la mauvaise foi': Context and rhetoric in Pierre Bayle's Ce que c'est que la France toute Catholique

My thesis presents an examination of Ce que c'est que la France toute Catholique (1686) by Pierre Bayle, a prominent figure in the Republic of Letters and the Huguenot Refuge in the seventeenth century. This pamphlet was the first occasional text that Bayle published following the Revocation of the Edict of Nantes in which the religious toleration afforded to the Huguenot minority in France was repealed, a pivotal moment in the history of early modern France. In my thesis, I analyse the specific context within which Bayle wrote this pamphlet as a means of addressing a number of issues, including the legitimacy of forced conversions, the impact of the religious controversy upon exchanges in the Republic of Letters, the nature of religious zeal and finally the alliance of Church and state discourses in the early modern period. An examination of this context provides a basis from which to re-interpret the rhetorical strategies at work within the pamphlet, and also to come to an increased understanding of how, why and to what end he wrote it. In turn this allowed me to examine the relationship between this often overlooked pamphlet and the more extensively studied Commentaire Philosophique, in which Bayle argued in favour of religious toleration. Ultimately, understanding the relationship between these two texts proves essential in order to characterise his response to the Revocation of the Edict of Nantes and to understand the place of the pamphlet within his oeuvre. Furthermore, an analysis of the pamphlet and the Commentaire Philosophique provide a lens through which to elucidate both Bayle's intellectual development at this early stage in his career, and also the wider context of the rise of toleration theory and the evolution of modes of civility within the Republic of Letters on the eve of the Enlightenment.

Principles and prejudice: The erosion of fairness in admissibility determinations relating to historic child sexual abuse trials in Ireland

This thesis interrogates the construction of fairness to the accused in historic child sexual abuse trials in Ireland. The protection of fairness is a requirement of any trial that claims to adhere to the rule of law. Historic child sexual abuse trials, in which the charges relate to events that are alleged to have taken place decades previously, present serious challenges to the ability of the trial process to safeguard fairness. They are a litmus test of the courts’ commitment to fairness. The thesis finds that in historic abuse trials fairness to the accused has been significantly eroded and that therefore the Irish Courts have failed to respect the core of the rule of law in these most serious of prosecutions. The thesis scrutinises two bodies of case law, both of which deal with the issue of whether evidence should reach the jury. First, it examines the decisions on applications brought by defendants seeking to prohibit their trial. The courts hearing prohibition applications face a dilemma: how to ensure the defendant is not put at risk of an unfair trial, while at the same time recognising that delay in reporting is a defining feature of these cases. The thesis traces the development of the prohibition case law and tracks the shifting interpretations given to fairness by the courts. Second, the thesis examines what fairness means in the superior courts’ decisions regarding the admissibility of the following kinds of evidence, each of which presents particular challenges to the ability of the trial to safeguard fairness: evidence of multiple complainants; evidence of recovered memories and evidence of complainants’ therapeutic records. The thesis finds that in both bodies of case law the Irish courts have hollowed out the meaning of fairness. It makes proposals on how fairness might be placed at the heart of courts’ decisions on admissibility in historic abuse trials. The thesis concludes that the erosion of fairness in historic abuse trials is indicative of a move away from the liberal model of criminal justice. It cautions that unless fairness is prioritised in historic child sexual abuse trials the legitimacy of these trials and that of all Irish criminal trials will be contestable.

Practice links [Issue 39, October 2010]

Practice Links is a free e-publication for practitioners working in Irish social services, voluntary and nongovernmental sectors. Practice Links was created to enable practitioners to keep up-to-date with new publications, electronic resources and conference opportunities. Issue 39 contains information on the new Irish National Strategy on Domestic, Sexual and Gender–based Violence to be managed by COSC.

Embodied sexualities: Exploring accounts of Irish women's sexual knowledge and sexual experiences, 1920-1970

This chapter explores the ways in which sexuality has been understood, embodied and negotiated by a cohort of Irish women through their lives. It is based on qualitative data generated as part of an oral history project on Irish women’s experiences of sexuality and reproduction during the period 1920–1970.1 The interviews, which were conducted with 21 Irish women born between 1914 and 1955, illustrate that social and cultural discourses of sexuality as secretive, dangerous, dutiful and sinful were central to these women’s interpretative repertoires around sexuality and gender. However, the data also contains accounts of behaviours, experiences and feelings that challenged or resisted prevailing scripts of sexuality and gender. Drawing on feminist conceptualisations of sexuality and embodiment (Holland et al., 1994; Jackson and Scott, 2010), this chapter demonstrates that the women’s sexual subjectivities were forged in the tensions that existed between normative sexual scripts and their embodied experiences of sexual desires and sexual and reproductive practices. While recollections of sexual desire and pleasure did feature in the accounts of some of the women, it was the difficulties experienced around sexuality and reproduction that were spoken about in greatest detail. What emerges clearly from the data is the confusion, anxiety and pain occasioned by the negotiation of external demands and internal desires and the contested, unstable nature of both cultural power and female resistance.