60 resultados para civil forfeiture, in rem


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In 1924 the Cumann na nGaedheal government introduced the first Military Service Pensions Act to provide monetary compensation for those who fought for Irish independence between 1916 and 1923. Pensioners who were in receipt of remuneration from the state as civil and public servants had a portion of their pension deducted commensurate with their state income. This controversial provision was criticised by all political parties as representing a mean-spirited attitude towards veterans of the independence campaign and treating civil and public servants differently from those in private employment. It was eventually modified in the 1940s and abolished in the 1950s. This article provides a case study that highlights the parsimonious attitude of Irish governments towards veterans of the independence campaign and shows how the treatment of public and civil servants reflected tensions between the government and the civil service in the early years of the state.

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This article examines Presbyterian interpretations in Scotland and Ireland of the Scottish Reformations of 1560 and 1638–43. It begins with a discussion of the work of two important Presbyterian historians of the early nineteenth century, the Scotsman, Thomas McCrie, and the Irishman, James Seaton Reid. In their various publications, both laid the template for the nineteenth-century Presbyterian understanding of the Scottish Reformations by emphasizing the historical links between the Scottish and Irish churches in the early-modern period and their common theology and commitment to civil and religious liberty against the ecclesiastical and political tyranny of the Stuarts. The article also examines the commemorations of the National Covenant in 1838, the Solemn League and Covenant in 1843, and the Scottish Reformation in 1860. By doing so, it uncovers important religious and ideological linkages across the North Channel, including Presbyterian evangelicalism, missionary activity, church–state relationships, religious reform and revival, and anti-Catholicism

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Caught between the well-armed imaginations of paramilitary organisations competing for the hearts and minds of a divided population, and state engineering of a liberal peace, civil society's impact on Northern Ireland's identity politics was limited during the thirty-year conflict. Specifically, the community and voluntary sector itself has tended to replicate as much as it challenged patterns of segregation in many of its own structures. With plans set out in the Northern Ireland Executive's Programme for Government (2008-11) to engage civil society in opening a new era of ‘good relations’ work to counter sectarianism and racism, civil society organisations will face a complex terrain, facing scepticism about their contribution to peace-making before the Good Friday Agreement, and working in a post-Agreement environment marked by continuing elite and communal antagonism demonstrated by the crisis at the turn of 2009 over devolution of justice and policing powers to the Northern Ireland Executive. A significant aspect of the resolution was a belated agreement by Sinn Fein and the DUP on a new community relation strategy, Cohesion, Sharing and Integration. This article suggests that civil society has a significant role to play in encouraging communities to confront the contradictions and tensions that continue to haunt the political architects of the Good Friday Agreement by affirming a radical and contingent vision of democracy as democratisation at a distance from the identity-saturated politics of the state-region of Northern Ireland. It draws on the work of Simon Critchley, Emmanuel Levinas and Wendy Brown, to offer an approach to identity politics in post-conflict Northern Ireland, focusing on the future orientation of civil society.

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This article offers a sustained examination of how the vicissitudes of the Cold War shaped changing interpretations of the Spanish Civil War in Britain. Considering the perspectives of participants and historians, it focuses on the diverse strands of the Left that frequently drew on the civil war to attack each other and to make wider arguments about the global Cold War. First, with the aim of criticizing Communist take-overs in Eastern Europe in the late 1940s, the article analyzes retrospective assaults on Communist party tactics and Soviet foreign policy in Spain. Second, in order to argue that the Soviet Union took a counter-revolutionary line after 1956, it investigates the re-emergence of debates over the Spanish revolution. Third, to express disapproval of the United States, it examines the increasing use of the civil war as an analogy in Cold War international affairs from the 1960s. Fourth, in support of non-Soviet Left-of-Centre collaboration, most notably Eurocommunism in the 1970s and opposition to Margaret Thatcher’s Conservative government in the 1980s, it considers the renewed emphasis on the popular front. The trajectories of these debates reveal that, over time, the weight of the Left’s criticism moved from the Soviet Union towards the United States.

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Procedural justice advocates argue that fair procedures in decision making processes can increase participant satisfaction with legal institutions. Little critical work has been done however to explore the power of such claims in the context of mass violence and international criminal justice. This article critically examines some of the key claims of procedural justice by exploring the perceptions of justice held by victims participating as Civil Parties in the Extraordinary Chambers in the Courts of Cambodia (ECCC). The ECCC has created one of the most inclusive and extensive victim participation regimes within international criminal law. It therefore provides a unique case study to examine some of claims of ‘victim-centred’ transitional justice through a procedural justice lens. It finds that while procedural justice influenced civil parties’ overall perceptions of the Court, outcomes remained of primary importance. It concludes by analysing the possible reasons for this prioritisation.