What Did the Lawyers Do During the 'War' ? Neutrality, Conflcit and the Culture of Quietism

Using Northern Ireland as a case study, this paper explores how lawyers responded to the challenges of entrenched discrimination, sustained political violence and an emerging peace process. Drawing upon the literature of the sociology of lawyering, it examines whether lawyers can or should be more than ‘paid technicians’ in such circumstances. It focuses in particular upon a number of ‘critical junctures’ in the legal history of the jurisdiction and uncouples key elements of the local legal culture which contributed to an ethos of quietism. The paper argues that the version of legal professionalism that emerged in Northern Ireland was contingent and socially constructed and, with notable exceptions, obfuscated a collective failure of moral courage. It concludes that facing the truth concerning past silence is fundamental to a properly embedded rule of law and a more grounded notion of what it means to be a lawyer in a conflict.

Representing War as Punishment in the War on Terror

This paper shows how the notion of punishment has been invoked by former US President George W. Bush, and ex UK Prime Minister Tony Blair to represent war. It is suggested that in this context, the notion of punishment serves different objectives: legitimizing violence, suggesting the sovereign role taken by the US and highlighting the emergence of new sensibilities. Building on previous literature in criminology and international relations it examines points of contact between two previously distinct security mechanisms - war and punishment- and suggests possible effects of this discursive blurring. It highlights not only the need for criminologists to engage with international relations literature but also the need to evaluate closely the different nature of the international context.