'Law of their own': notes on legal alterity in early nineteenth-century Ireland

This article investigates intersections between legal and literary discourse in Ireland in the early 19th century, and explores how judicial tropes, in particular that of an “alternative judiciary”, shape perceptions of Irish identity as well as cultural expression. Whilst Ireland and the Irish were typically characterized as lawless, this article examines the ubiquitous presence of alternative legal systems, focusing on the writings of Thomas Moore (1779–1852) and William Carleton (1794–1869). These representations, and the questions of authority and legitimacy that they provoke, are considered within critical debates about the development of literary forms in Ireland, and the inherent relationship that legal alterity evokes between textual and judicial authority.

A Socio-Legal Analysis of Jihad

Since many offensive and defensive wars or acts of terrorism, such as the atrocities of 11 September in the United States and the July 2005 bombings in London, are committed under the banner of Islam and the duty of jihad, it is important to shed some light upon the Islamic laws of war in general, and the controversial concept of jihad in particular. This article traces the origins of, and rationale for, the use of force within the Islamic tradition, and assesses the meaning and evolution of the contentious concept of jihad within its historical context. Following an analysis of the opposing doctrinal views on the potential implications of jihad, the study argues that the concept of jihad should not be interpreted literally, but be adjusted in accordance with new historical and international conditions, and conducted by peaceful means, rather than by the sword.

Tolstoy, stories, and facilitating insight in end of life care: Exploring ethics through vicarious experience (with Glackin M and Henry R)

Facilitating moral insight in end of life care can be challenging, and the purpose of this paper is to illustrate how this can be nurtured by means of creative literature. Tolstoy's Death of Ivan Ilych is presented as an example of such literature. Aristotle's Nichomean Ethics provides the philosophical underpinning for the method used. Sources also include the nursing literature, and students' evaluations of the impact of Tolstoy's novella on their ability to perceive the ethical issues arising in end of life care. Comments from evaluations were analysed and significant themes emerged. Students' comments clearly support the suggestion that use of this novella has facilitated insight into ethical issues at the end of life. Evaluations also indicate that vicarious experience gained through reading this novella has helped to nurture sensitivity and professional insight into the importance of compassion and offering ‘comfort’ to the dying person.

The discursive turn in policy analysis and the validation of policy stories

This paper is concerned with the language of policy documents in the field of health care, and how ‘readings’ of such documents might be validated in the context of a narrative analysis. The substantive focus is on a comparative study of UK health policy documents (N=20) as produced by the various assemblies, governments and executives of England, Scotland, Wales and Northern Ireland during the period 2000-2009. Following an identification of some key characteristics of narrative structure the authors indicate how text-mining strategies allied with features of semantic and network analysis can be used to unravel the basic elements of policy stories and to facilitate the presentation of data in such a way that readers can verify the strengths (and weaknesses) of any given analysis – with regard to claims concerning, say, the presence, absence, or relative importance of key ideas and concepts. Readers can also ‘see’ how the different components of any one story might fit together, and to get a sense of what has been excluded from the narrative as well as what has been included, and thereby assess the reliability and validity of interpretations that have been placed upon the data.

The Rise and Fall of the Legal Expert System

Those very few of us who were critical of the rise of legal expert systems in the early 1980s probably wonder, in idle moments, whether there is a possibility of rejuvenation of an approach which was once multi¬various and is now obscure and esoteric. Is it possible that after rising and falling, that legal expert system research programme could rise again? What were the conditions which gave impetus to the field and could they be repeated? In this article I want to return, with a personal viewpoint, on the rise of expert systems and why – despite their failure – the appeal of commoditising legal expertise continues to allure the unwary.

A Preference for Mephedrone: Drug Markets, Drugs of Choice, and the Emerging “Legal High” Scene

This study focuses on individuals' preferences for mephedrone, a new psychoactive substance that has emerged in several countries. We examine the reasons for mephedrone preferences, and describe the positive and negative effects of the drug experience, route of administration and consumers' views about the legality of mephedrone. Data were collected through semi-structured interviews with 45 adults who had used mephedrone since January 2010. Respondents resided in one of two jurisdictions that were characterized by different legislative controls over mephedrone. The findings suggest the importance of macro-level drug market factors that shaped people's preferences for mephedrone. Additionally, respondents' preferences were guided by pharmacological properties that helped them conceal the effects of mephedrone in public and semi-public spaces. Respondents were not deterred by the (impending) change from legal to illicit drug. The findings have implications for the study of localized drug markets, and in particular, legislative controls over emerging legal highs.

'The Arbitrarium' and 'The Universal Key' (short stories)

Short stories

Contextualised Equality and the Politics of Legal Mobilisation: Affirmative Action in Northern Ireland

This article examines the development of affirmative action and equality policies targeted at the two main ethno-national communities in Northern Ireland, as an example of ‘contextualised equality’. The argument places particular weight on a politics of legal mobilisation. The article suggests that the ability to connect post-1998 reforms, in practical and symbolic ways, to overriding inter-communal narratives was often a determining factor in identifying those elements of the Good Friday Agreement which advanced, or were constructed as achievable. The argument has implications for understanding how equality debates will progress, and explaining why certain agendas appear to ‘succeed’ and others ‘fail’.

Substitutes for legal protection: corporate governance and dividends in Victorian Britain

Companies in Victorian Britain operated in a laissez-faire legal environment from the perspective of outside investors, implying that such investors were not protected by the legal system. This article seeks to identify the alternative mechanisms that outside shareholders used to protect themselves by examining the dividend policy and governance of over 800 publicly traded companies at the beginning of the 1880s. We assess the importance of these mechanisms by estimating their impact on Tobin's Q. Our evidence suggests that dividends and well-structured and incentivized boards of directors may have played a role in protecting the interests of outside investors.