scholarly journals Legal Culture on Justice and Truth: The Tribunals of Inquiry about Bloody Sunday

2020 ◽  
pp. 73-104
Author(s):  
Josefa Dolores Ruiz Resa
Keyword(s):  
Northern Ireland ◽  
Civil Rights ◽  
Conceptual Framework ◽  
Legal System ◽  
Peace Process ◽  
Legal Culture ◽  
General Notion ◽  
Cultural Perceptions ◽  
Bloody Sunday ◽  
Definition Of

Almost 50 years ago, in the events that happened during the so-called Bloody Sunday (Derry 1972, 30th January), 13 Catholic civilians were killed because of the actions of the British army during a civil rights march against internment without trial in Northern Ireland. Other 13 civilians were injured. While the circumstances were unclear, these civilians were considered to be terrorists, which seemed to justify the gunfire. The findings on Bloody Sunday from two Tribunals of Inquiry (1972 and 1998-2010), and the reactions that their resulting reports raised are an excellent example of cultural impregnation in law. In this regard, it is possible to find a general notion of justice as truth. Guaranteeing such notion (or, at least, the willingness to ensure it) seemed to facilitate the peace process in Northern Ireland. Under the light of these events, the following pages aim to analyse how that legal culture of justice as truth is displayed in the two Bloody Sunday Tribunals of Inquiry as well as its contribution to the contestation of the British legal system or its legitimacy. This paper starts by reviewing previous studies about the conceptual framework of the analysis — it examines the concept of “legal culture” and the understanding of justice as truth, as well as the definition of Tribunal of Inquiry. Next, it argues cultural perceptions regarding Bloody Sunday Inquiries. The conclusions exposed reveal that the legal culture of justice as truth is also embodied in legalism and colonialism.

scholarly journals Culture of legal techniques: key dominants in the modern Russian legal system

2022 ◽  
Vol 39 (71) ◽  
pp. 566-578
Author(s):  
Marina V. Baranova ◽  
Olga B. Kuptsova ◽  
Sergey N. Belyasov ◽  
Arturas S. Valentonis
Keyword(s):  
Legal System ◽  
Modern Society ◽  
Legal Culture ◽  
Effective Functioning ◽  
Formation Stage ◽  
Specific Analysis ◽  
The Law ◽  
Systematic Understanding ◽  
Definition Of ◽  
Modern Russian

The article is dedicated to the conceptual and specific analysis of the emergence of the culture of legal techniques under the conditions of a new technological form. The identification and analysis of key types of culture of legal techniques, allows to show their specificity following typological groups. Its systemic unity, which has its specificities, can be considered as the second dominant of the culture of legal techniques. The article further offers a primary doctrinal definition of the concept of culture of legal techniques based on the identified dominant characteristics and manifestations of the culture of legal techniques, studied in the context of the search for ways of effective functioning of the system of power and powerless principles in the Russian legal system. This phenomenon is in the formation stage. The authors have used dialectical, historical-political, formal-legal, and comparative-legal methods. It is concluded that a promising systematic understanding of the essence and meaning of the culture of legal techniques will help to improve the legal culture as a whole and thus increase the effectiveness of the law in modern society.

Assessing the importance of ideas and agency in the Northern Ireland peace process

2017 ◽  
Author(s):  
P. J. McLoughlin
Keyword(s):  
Northern Ireland ◽  
Civil Rights ◽  
Peace Process ◽  
Political Strategy ◽  
The Troubles ◽  
Good Friday ◽  
Us Government ◽  
Northern Ireland Conflict ◽  
External Actors ◽  
Political Thinker

This chapter examines the importance of ideas and agency in the Northern Ireland peace process by focusing on the former leader of the SDLP and joint Nobel Peace Prize Winner, John Hume. Hume was one of the most important and long-standing elites in Northern Ireland conflict. He emerged first as a civil rights leader at the outset of the Troubles, was a founding member of the SDLP, and was central to the negotiations that led to the Good Friday Agreement. Moreover, Hume played a unique dual role in his career. First, he was a political thinker, or perhaps more accurately an articulator, of a new approach to the Northern Ireland problem. Second, Hume was a key negotiator and political broker, most significantly helping to persuade militant republicans to adopt a peaceful political strategy, continually engaging with British and Irish political elites, and even guiding external actors like the US government and the EU in their respective inputs to the Northern Ireland peace process.

Learning from a Peace Process: Theory, Practice and the Case of Northern Ireland

2020 ◽  
pp. 1-17
Author(s):  
David Mitchell
Keyword(s):  
Northern Ireland ◽  
Transformative Learning ◽  
Peace Process ◽  
Decision Makers ◽  
Future Research ◽  
Ideal Model ◽  
Policy Paradigm ◽  
Peace Processes ◽  
Definition Of

Abstract The goal of ‘learning’ from peace processes is widely expressed in conflict resolution scholarship and practice but inadequately understood. This article investigates what kinds of knowledge can be learned from a peace process, the theoretical and methodological bases of such learning, and what impact it may have. The article begins with an interdisciplinary discussion of reasons to learn, the kinds of lessons proposed in the peace process literature and how theories of learning may be applied to a peace process. Following this is a case study of the sharing of the Northern Ireland peacemaking experience with other conflict-affected societies, especially through facilitated dialogues between decision-makers. This contributes to a comprehensive ideal model of learning from peace processes – something which, it is argued, may result in ‘transformative learning’ and a ‘policy paradigm shift’ towards de-escalatory conflict management. A definition of a peace process ‘lesson’ is offered to guide future research.

‘Quite a Profound Day’: The Public Performance of Memory by Military Witnesses at the Bloody Sunday Tribunal

2006 ◽  
Vol 31 (2) ◽  
pp. 174-187
Author(s):  
G. D. WHITE
Keyword(s):  
Northern Ireland ◽  
Civil Rights ◽  
Memory Recall ◽  
Public Performance ◽  
The Public ◽  
The Past ◽  
Legal Context ◽  
Bloody Sunday ◽  
Courtroom Testimony ◽  
Affective Impact

This article examines elements of performance in the giving of evidence by military witnesses to the Saville Tribunal's Inquiry into the events of ‘Bloody Sunday’ – the day in 1972 when thirteen civilians were shot dead by British Army paratroops during a banned civil rights protest in the Bogside area of Derry, Northern Ireland. The performative nature of testimony represented an unstable element in this tribunal's attempt to reconstruct the past, raising a number of provoking questions concerning the nature and process of the legal pursuit of truth, in particular the ways in which the performative aspects of proceedings – grounded in the evocation of the past through the enacted memory of witnesses – function. Through tracing and analysing the process of memory recall in the testimonial performance of particular military witnesses to the tribunal, watched by the author, the essay considers the affective impact of courtroom testimony and the effect of this on the legal context in which testimony is given.

scholarly journals PROBLEMS OF FORMATION OF LEGAL CULTURE OF PERSONALITY

2020 ◽  
Vol 34 (2) ◽  
pp. 27-32
Author(s):  
O.M. Guseinov ◽  
◽  
Sh.B. Magomedov ◽  
G.O. Guseinov ◽  
◽  
...  
Keyword(s):  
Legal System ◽  
Legal Culture ◽  
Combined Effect ◽  
Theoretical Understanding ◽  
Social Discipline ◽  
Points Of View ◽  
Definition Of ◽  
The Individual

The article is devoted to the theoretical understanding of the problem of the formation of the legal culture of the individual as a factor designed to strengthen and improve not only social discipline and order, but the whole system of the spiritual and moral relationships of people functioning in society. The aim of the article is to find ways, methods and means of forming the legal culture of the individual. The analysis of points of view to the definition of the concept of legal culture of personality. The need for constant updating and improvement of the existing judicial legal system to improve the legal culture of society has been identified and justified. In conclusion, it is concluded that in the formation of the legal culture of the individual, it is necessary to take into account the combined effect on the personality of all possible ways and means, and this work should be systematic and comprehensive.

scholarly journals The Role of Political Discourse in Conflict Transformation: Evidence from Northern Ireland

2008 ◽  
Author(s):  
Katy Hayward
Keyword(s):  
Discourse Analysis ◽  
Northern Ireland ◽  
Conceptual Framework ◽  
Crucial Role ◽  
Political Discourse ◽  
Common Ground ◽  
Peace Process ◽  
Conflict Transformation ◽  
Vital Resource

This article introduces this volume by constructing a model for analysing political discourse as an instrument of conflict and peace, drawing on evidence from the Northern Ireland case. It identifies three processes, or stages, in a peace process in which political discourse can play a unique and crucial role: (i) the construction of a (conceptual) framework within which negotiations can take place, (ii) the facilitation of agreement between moderate and extreme positions, and (iii) the forging of common ground. The motivating thesis of this research is that discourse analysis is a vital resource for deepening our knowledge of why, how and when violence can erupt and peace can be built.

From civil rights to multiculturalism

2017 ◽  
Author(s):  
Chris Gilligan
Keyword(s):  
Northern Ireland ◽  
Civil Rights ◽  
Civil Rights Movement ◽  
Peace Process

This chapter highlights the civil rights movement in Northern Ireland in the late 1960s and early 1970s as an example of an anti-racist (anti-sectarian) movement with an emancipatory dynamic. The chapter traces the containment of this emancipatory dynamic and points to the role of official anti-racism in containing the dynamic. The chapter then goes on to look at the peace process and the rise of a sectarianised multicultural anti-racism.

‘Every man an emperor’: the British press, Bloody Sunday and the image of the British Army1

2016 ◽  
Author(s):  
Greg McLaughlin ◽  
Stephen Baker
Keyword(s):  
Northern Ireland ◽  
Civil Rights ◽  
Textual Analysis ◽  
Newspaper Coverage ◽  
British Army ◽  
Cast Doubt ◽  
Bloody Sunday ◽  
British Press ◽  
The Moment ◽  
British State

On 30 January 1972, men of the 1st Parachute Regiment of the British Army opened fire on civil rights marchers in Derry, Northern Ireland, killing 13 unarmed and innocent civilians. The event was reported worldwide and was to seen in hindsight as a significant turning point in the conflict in Northern Ireland; the moment when a struggle for civil rights gave way to a war between the IRA and the British state. Yet, as the textual analysis in this chapter shows, the official story of Bloody Sunday was based almost entirely on army lies and propaganda and on the flawed Widgery Report of 19 April 1972, which exonerated the paratroopers and their officers and cast doubt on the innocence of the victims. Newspaper coverage at the time showed a determination to recover the image and reputation of the Army in the wake of the killings. Indeed, even after the Saville Report 38 years later, which vindicated the victims and cast blame solely on the British army, sections of the British press were reluctant to let go of the official version. The explanation for this, we argue, has more to do with a deep-seated, cultural and ideological predisposition than with propaganda or the normative routines of commercial journalism.

scholarly journals Memory, Trauma and Forgetting in Northern Irish Drama

2017 ◽  
Vol 1 (2) ◽  
pp. 77-91
Author(s):  
Anthony Roche
Keyword(s):  
Northern Ireland ◽  
Peace Process ◽  
The Other ◽  
Northern Irish ◽  
Violent Incident ◽  
The Troubles ◽  
The Past ◽  
Irish Drama ◽  
Bloody Sunday

The ethical exhortation ‘not to forget’ runs the risk of ‘a memory that would never forget anything’. At the other extreme is the no less dangerous risk of total amnesia, an erasure of the past that immediately suggests Freud and the return of the repressed. The complex balance to be found between memory and forgetting is particularly fraught in Northern Ireland and the politics of how the past is to be negotiated in the current post peace process climate. I propose to look at this subject in relation to the trauma engendered by decades of violence in two Northern Irish plays: Quietly (2012) by Owen McCafferty, set in the post peace process climate of 2009 but harking back to a violent incident in the same location thirty-five years earlier; and Frank McGuinness’s Carthaginians (1988), a canonical play about one of the central events in ‘the Troubles’, Bloody Sunday of 30 January 1972, but set more than a decade later.

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