When Terrorism as Strategy Fails: Dissident Irish Republicans and the Threat to British Security

The use of terrorism as a strategy for obtaining political goals by non-state actors persists in the international system, despite attempts by states to counter the phenomenon. This article explores the resurgent threat posed to British security by dissident Irish republicans in order to illustrate the limited utility of terrorism as a strategy in the current sociopolitical context. Therefore, it has three objectives: First, it explains how strategic theory can aid in constructing a conceptual framework for explaining the persistence of terrorism, in general, and dissident republican violence, in particular. Second, it examines the dissident threat in light of the general failure of “armed struggle” to achieve republican goals in Irish politics. It is argued here that dissident republicans have confused “means” with “ends” and that this, ultimately, demonstrates the futility of their violence. Finally, the article suggests ways of tackling the dissident republican variant of terrorism.     

The Spiritual Components of Restorative Justice

The concept of spirituality in restorative justice practice is recognized as important but is often fuzzy and vaguely understood. This study did a content analysis of restorative justice texts and found nine distinct components of spirituality: transformation, connectedness/belonging, common human bond, repentance, forgiveness, making right a wrong, balance/harmony, rituals, and unexplained spiritual phenomenon. The conceptual clarification of the relationship between spirituality and restorative justice gives mediators/facilitators of restorative justice dialogue more tools to deepen their interactions with victims, offenders, and community members. Furthermore, delineation of these nine components offers researchers a framework for the development of instruments or tools that can be used to assess participants' experiences in restorative justice dialogues.     

The Legislative Process in Republican China: The 1930 Nationalist Family Law and the Controversy over Surnames for Married Women

Abstract

This article investigates the legislative process that produced the 1930 Nationalist Family Law Book of the Republican Civil Code, focusing in particular on the debate over married women's surnames. In the accompanying discussion, Guomindang (GMD) lawmakers, legal experts, educators, women's rights advocates, and others grappled in a remarkably open manner over how best to address the surname question in light of their concerns with Party consolidation, legal modernisation, gender equality, social stability, and individual identity. Although the outcome of the legislative process affirmed customary surname practices (albeit with progressive overtones), the process itself was uniquely radical, with participants thoroughly reevaluating one of the oldest and most fundamental patriarchal institutions in Chinese society. The legislative and post-legislative debate over surnames illuminates the Nanjing Decade as a singular transitional period in the history of Chinese law and gender during which law was subject to revision and amendment rather than orthodoxy, and GMD policy toward women was subject to deliberation rather than dictated by ideology.     

缺损与完善：未成年犯罪嫌疑人、被告人的律师辩护权探析

律师辩护对于嫌疑人、被告有着明显的价值。应该加强对未成年犯罪嫌疑人、被告的律师辩护权。但是，我国律师辩护权的行使存在着诸多的制度障碍，由于未成年人的律师辩护权没有与通常的律师辩护权进行区分，所以同样行在许多问题。其中的原因十分复杂。可以考虑制度创新来逐步改进、完善未成年人的律师辩护权。     

美国未成年人司法制度的发展

本文旨在介绍美国的未成年人司法制度。文中除了介绍其不同于成年人的司法制度之处以外,还特别介绍此制度近期的发展,着重于停止按未成年人司法程序审判(移交成年人法庭)、校园暴力、未成年人团伙及“三击不中”政策等。     

The Return of "Captain Moonlight": Informal Justice in Northern Ireland

In the working-class areas of Northern Ireland alternative forms of justice operating in parallel to the State's criminal justice system exist. This informal criminal justice system, administered by paramilitaries, includes threats, warnings, beatings, shootings, and executions. Informal justice mechanisms emerged in the early days of "the Troubles" and have continued to develop. This article maps the development of informal justice in both republican and loyalist areas of Northern Ireland and examines the ways in which paramilitaries "police" their communities and mete out "punishments."     

The Modernization in Irish Republican Thinking Toward the Utility of Violence

For the last thirty years the Irish republican movementcomposed of the IRA and Sinn Feinhas resorted to armed struggle as part of its strategy against British power in Northern Ireland. The cease-fire announced by the terrorist group in 1994 and the peace process that followed has signaled a historic shift in the strategic thinking of republicans. The emergence of dissident groups that reject the politicization of the movement and advocate the maintenance of the military campaign has highlighted the challenges the republican leadership faces after their acceptance of the 1998 Belfast Agreement. This article explores all of these issues and the importance of the armed struggle in the shifting republican mentality.