Considering the Moral Complexity of Adolescents in Divided Societies

This paper focuses on adolescents who live in divided societies and how they navigate those divisions as they develop as civic actors. The study sites are Northern Ireland, South Africa, and the United States. In each setting we collected surveys, conducted focus groups with teachers and students, and followed students through the 9th and 10th grades in a case study classroom. In all locales, the students used materials from Facing History and Ourselves, and their teachers had participated in workshops on using those materials. In this paper we follow a case study student from the United States who provides a particularly complex look at issues of division and ethical civic development. The student, Pete, is a white immigrant from South Africa, studying in a multi-ethnic and multi-racial school in the United States. He confronts his South African legacies in the context of a foreign school system, which is working to help U.S. students confront their own legacies. Across two, one-semester, citizenship classes, Pete shows us the tension between an academic stance and a moral/emotional stance. When moral dilemmas become complex for him, he begins to lose his ability to judge. Teacher support and guidance is critical to help students like Pete learn to hold their moral ground, while understanding why others act as they do.

Understanding the Other’s “Understanding” of Violence: Legitimacy, Recognition, and the Challenge of Dealing with the Past in Divided Societies

Post-conflict societies which have achieved a cessation of violence and embarked on a political conflict transformation process cannot in the long-term avoid a process of dealing with the past. Case studies of South Africa and Northern Ireland confirm this normative claim, showing that within the post-war society as a whole a social consensus on how to “understand” and “recognize” the use of violence that occurred during the conflict is necessary: understanding the other’s “understanding” of violence. A mutual understanding must be reached that both sides fought a campaign that was just and legitimate from their own perspective. The morality of the “other’s violence” has to be recognized.

From the politics of antagonistic recognition to agonistic peacebuilding : an exploration of symbols and rituals in divided societies

Peer reviewed

From the politics of antagonistic recognition to agonistic peacebuilding : an exploration of symbols and rituals in divided societies

Peer reviewed

From the politics of antagonistic recognition to agonistic peacebuilding : an exploration of symbols and rituals in divided societies

Peer reviewed

Shared education in Northern Ireland: school collaboration in divided societies

During the years of political violence in Northern Ireland many looked to schools to contribute to reconciliation. A variety of interventions were attempted throughout those years, but there was little evidence that any had produced systemic change. The peace process provided an opportunity for renewed efforts. This paper outlines the experience of a series of projects on 'shared education', or the establishment of collaborative networks of Protestant, Catholic and integrated schools in which teachers and pupils moved between schools to take classes and share experiences. The paper outlines the genesis of the idea and the research which helped inform the shape of the shared education project. The paper also outlines the corpus of research which has examined various aspects of shared education practice and lays out the emergent model which is helping to inform current government practice in Northern Ireland, and is being adopted in other jurisdictions. The paper concludes by looking at the prospects for real transformation of education in Northern Ireland.

Judicial Impartiality and Independence in Divided Societies: An Empirical Analysis of the Constitutional Court of Bosnia-Herzegovina

The role of Constitutional Courts in deeply divided societies is complicated by the danger that the salient societal cleavages may influence judicial decision-making and, consequently, undermine judicial independence and impartiality. With reference to the decisions of the Constitutional Court of Bosnia-Herzegovina, this article investigates the influence of ethno-nationalism on judicial behaviour and the extent to which variation in judicial tenure amplifies or dampens that influence. Based on a statistical analysis of an original dataset of the Court’s decisions, we find that the judges do in fact divide predictably along ethno-national lines, at least in certain types of cases, and that these divisions cannot be reduced to a residual loyalty to their appointing political parties. Contrary to some theoretical expectations, however, we find that long-term tenure does little to dampen the influence of ethno-nationalism on judicial behaviour. Moreover, our findings suggest that the longer a judge serves on the Court the more ethno-national affiliation seems to influence her decision-making. We conclude by considering how alternative arrangements for the selection and tenure of judges might help to ameliorate this problem.

Comparative constitutional design for divided societies: a model to explain vonstitutional asymmetries

Comparative studies on constitutional design for divided societies indicate that there is no magic formula to the challenges that these societies pose, as lots of factors influence constitutional design. In the literature on asymmetric federalism, the introduction of constitutional asymmetries is considered a flexible instrument of ethnic conflict resolution, as it provides a mixture of the two main theoretical approaches to constitutional design for divided societies (i.e., integration and accommodation). Indeed, constitutional asymmetries are a complex and multifaceted phenomenon, as their degree of intensity can vary across constitutional systems, and there are both legal and extra-legal factors that may explain such differences. This thesis argues that constitutional asymmetries provide a flexible model of constitutional design and aims to explore the legal factors that are most likely to explain the different degrees of constitutional asymmetry in divided multi-tiered systems. To this end, the research adopts a qualitative methodology, i.e., Qualitative Comparative Analysis (QCA), which allows an understanding of whether a condition or combination of conditions (i.e., the legal factors) determine the outcome (i.e., high, medium, low degree of constitutional asymmetry, or constitutional symmetry). The QCA is conducted on 16 divided multi-tiered systems, and for each case, the degree of constitutional asymmetry was analyzed by employing standardized indexes on subnational autonomy, allowing for a more precise measure of constitutional asymmetry than has previously been provided in the literature. Overall, the research confirms the complex nature of constitutional asymmetries, as the degrees of asymmetries vary substantially not only across systems but also within cases among the dimensions of subnational autonomy. The outcome of the Qualitative Comparative Analysis also confirms a path of complex causality since the different degrees of constitutional asymmetry always depend on several legal factors, that combined produce a low, medium, or high degree of constitutional asymmetry or, conversely, constitutional symmetry.

Balancing cultural diversity and social cohesion in education: The potential of shared education in divided contexts

This article considers how the education systems of divided societies have been shaped in response to the experience of ethnic and religious conflict. The analysis identifies two competing priorities in such contexts – the development of social cohesion and the protection of cultural, ethnic and religious identities - and explores how these may be reconciled through a model of ‘shared education’. Drawing on research evidence and recent experience of shared education in relation to Northern Ireland, the Former Yugoslav Republic of Macedonia and Cyprus, we reflect on the advantages and challenges of this model in areas experiencing conflict and division.

Resolving conflict in bipolar societies: The fate of political settlements in Fiji and Northern Ireland

Ethnically divided societies that might be described as ‘balanced bicommunal’ (where there are two communities, each of which comes close to representing half of the population) pose a particular challenge to conventional principles of collective decision-making, and commonly threaten political stability. This article analyses the experience of two such societies – Northern Ireland and Fiji – with a view to exploring whether there are common processes in the route by which political stability has been pursued. We assess the manner in which a distinctive relationship with Great Britain and its political culture has interacted with local conditions to produce a highly competitive, bipolar party system. This leads to consideration of the devices that have been adopted in an effort to bridge the gap between the communities: the Fiji constitution as amended in 1997, and Northern Ireland’s Good Friday Agreement of 1998. We focus, in particular, on the use of unusual (preferential voting) formulas for the election of parliamentarians and of an inclusive principle in the selection of ministers, and consider the contribution of these institutional devices to the attainment of political stability. We find that, in both cases, the intervention of forces from outside the political system had a decisive impact, though in very different ways. In addition to being underpinned by solid institutional design, for political settlements to work effectively, some minimal level of trust between rival elites is required.

Violence and Political Institutions in the Basque Country

A credible analysis or proposal to solve the problem of the treatment of violence in divided societies has to based in a good understanding of the micro-foundations of the political mobilization in these societies. Much of the engineering models seem to have been based on rather strong simplifications of the electoral behaviour of the citizens. This paper aims to contribute to the understanding of the underlying political competition in divided societies with a neo-downsian model of party competition that is based on the interpretation of Tsebelis (1991) of the consociationalism.

"Viewers should not try this at home". Die Verfassungsgerichte Bosnien-Herzegowinas und Kosovos in deren Rolle als Schlichtungsinstanzen in ethnopolitischen Konflikten = The constitutional courts of Bosnia-Herzegovina and Kosovo in their role as arbitration bodies in ethno-political conflicts. EDAP 01/2014

The article analyzes the role of constitutional courts in Bosnia and Kosovo, both characterized by their partly internationalized membership, in the adjudication of cases that are highly controversial between the different ethno-political factions. The main focus is on the Constitutional Court of Bosnia, which presents one of the richest and most interesting examples of “lawfare” in divided societies. The concept of lawfare has been adapted to refer to the continuation of political battles by ethno-political actors through legal means, in this case, constitutional adjudication. In Kosovo, the Constitutional Court has been an important defender of diversity, albeit its primary focus and merit are to have contributed to the establishment of a concept of democracy close to the people of Kosovo. The article concludes that constitutional courts represent important institutions of internal conflict resolution in divided societies, which have been instrumental in shaping multiculturalism in these post-conflict societies divided by deep ethnic cleavages.

Making the 2004 Constitution of Afghanistan: A History and Analysis Through the Lens of Coordination and Deferral Theory

Thesis (Ph.D.)--University of Washington, 2016-06

Between Entrenchment, Reform and Transformation : Ethnicity and Lebanon’s Consociational Democracy

Peer reviewed