The role of the church in developing the law

The church and other community organisations have a legitimate role to play in influencing public policy. However, intervention by the church and other religious bodies in recent litigation in Australia and the United Kingdom raises questions about the appropriateness of such bodies being permitted to intervene directly in the court process as amici curiae. We argue that there are dangers in such bodies insinuating their doctrine under the guise of legal argument in civil proceedings, but find it difficult to enunciate a principled distinction between doctrine and legal argument. We advise that judges should exercise caution in dealing with amicus submissions.

Bringing people back in: Grassroots approach to peace in Bosnia-Nerzegovina

Peacemaking in Bosnia-Herzegovina is a controversial subject that engaged the political energies of the international community for several years without resolution. While international efforts at peacemaking warrant a critique in their own right, the assumptions that lie behind popular perceptions of peacemaking must also be examined. This article explores the proposition that the promotion of multi-ethnic contact between Bosnian people is at least as important as elections or the reconstruction of political institutions. Indeed, the restoration and development of inter-ethnic relationships, especially at grassroots level, is essential for the establishment of sustainable peace. This article thus focuses on the roles of NGOs (Non-governmental organisations) active at the grassroots level in Bosnia, such as the Centre for Drama Education in Mostar, Project Firefly in Brcko, and the CARE Welcome Project in Sarajevo, which represent a grassroots form of peacemaking that incorporates local knowledge and understandings of the conflict within peace projects.

Pragmatic solidarism and the dilemmas of humanitarian intervention

The theory and practice of humanitarian intervention in the 1990s has produced a series of seemingly intractable dilemmas. Why do states act in some cases and not others? How are we to evaluate the legitimacy of particular acts? This article introduces a new perspective on these questions informed by a combination of pragmatism and solidarism. It argues that although the search for criteria that may be used to judge the legitimacy and efficacy of humanitarian intervention may be a futile one, it is possible to think about a politics of legitimate humanitarian intervention. Such a politics may be based on three key insights drawn from pragmatism: the dialogic construction of moral knowledge, the fallibility of knowledge, and the priority of democracy over philosophy. The article discusses how such a pragmatic solidarism may be used to interrogate the quest for legitimising criteria and to build a new politics of humanitarian intervention.

The politics of suffering: Progress, modernity and the adolescent crisis

A concern for progress is central to the public agendas of modern societies. Political actors compete with one another mainly with regard to their respective claims to bring about a better future, particularly in the economic and technological spheres. The focus on progress has, however, deeper roots which date back to the aspirations of the Enlightenment. Around that time, the belief arose that systematic improvements are made possible by the structural features of modern society and culture, improvements that will gradually release humanity from much of the suffering characterising its historical past. This article argues the persistence of a culture of progress, rather than easing suffering, in fact enhances and mobilises it for the pursuit of superficial forms of gain. It is also claimed the attempt by Habermas' critical theory to develop a broader and more satisfactory conception of progress fails to address this problem. The article suggests an alternative and more fundamental critique of progressive ideas is required. It reflects upon these abstract theoretical questions in connection with the concrete example of the 'adolescent crisis' and the role ideas of progress play within it.