How the United States justified its war on terrorism: prime morality and the construction of a ‘just war’

Just war theory has a long established reputation in the social sciences for evaluating the morality of the military actions of states. However, this analysis has rested upon assumptions of territorial sovereignty and the equal rights of states. The actions of hegemonic powers violate these twin assumptions through their expression of extra‐territorial reach. To avoid charges of immoral behaviour hegemonic powers must use the just war rhetoric of territoriality to justify their extra‐territorial acts. A world‐systems theory conceptualisation of hegemony allows for an interpretation of hegemonic military actions as the defence of a universal prime modernity. Prime modernity refers to an ideal organization of society projected by the hegemonic power as a form of integrative power. For the hegemonic power, threat is perceived as a rejection of the prime modernity anywhere rather than the language of border violations that dominates the foundations of just war theory. Using the language embedded in government and non‐government documents justifying the War on Terrorism, the manner in which a hegemonic power constructed military extra‐territoriality in a system of sovereign states as just is examined. The development of a ‘prime morality’ allowed the hegemonic power to claim that it was operating at the scales of the individual and ‘humankind’ rather than inter‐state power politics. The analysis challenges the implicit geographic assumptions of just war theory and extends our understanding of the imperatives underlying the hegemonic power's construction of its military actions as morally right.     

DEVOLUTION,GOVERNANCE AND THE PEACE PROCESS

Devolution and the associated mechanisms of governance—a power-sharing Executive, elected assembly, cross-border bodies, a reformed system of public administration and civic engagement —are a part of the wider mosaic of peace-building. Their implementation is an attempt to institutionalize stability and copper-fasten a political settlement. This article outlines the changing governmental arrangements existing within Northern Ireland, as it has shifted tentatively away from direct rule. It maps the wider public sector in Northern Ireland, including civil administration (chiefly the Northern Ireland Civil Service), an extended mosaic of nondepartmental public bodies (NDPBs) and other public agencies that, together with local government, form a complex, multi-layered, subregional governance. Our contention is that the manner in which the administration of Northern Ireland has been conducted yields fruitful insights into issues of territorial management in other areas afflicted by intractable constitutional wrangles and attendant violence. In short, an agreed system of governance is integral to the transition from conflict to peace (or at least stability) and, in the case of Northern Ireland, was central to the substance of the Belfast Agreement, characterized by a power-sharing Executive.     

Public administration in hong kong: Crises and prospects

Current studies on Hong Kong public administration have overlooked three emerging crises of the administrative system -- the crises of mediocrity, the public service, and the metapolicy -- which may result in a complete collapse of the colonial regime. The analysis reveals the following. Firstly, operating within a paradoxical context, civil servants find it difficult to maximize their contribution. Hard pressed by the delimma of “to strive for excellence or to observe medicoirty,” many choose the latter. Thus, the overall performance of many Hong Kong public agencies and civil servants is unacceptable. Secondly, at the absence of a political theory which redefines the relationship between the political system and socio-economic system and thus the mission of the public service, many civil servants lack commitment to the public service and therefore the norm of medicority is reinforced. And thirdly, the government has reformulated its metapolicy in a way that system overloading is likely, thus making Citizen insubordination probable. It is conclusded that the future of Hong Kong is bleak and that remedial actions are awaiting: the first task is the quest for a new set of political ideology and public philosohgy; the next is reformulation of a new metapolicy, followed by forceful pulbic sector management reform.     

Parties,Recruitment and Modernisation: Evidence from Local Election Candidates

Using pooled data from four separate nationwide surveys of local election candidates conducted from 2006–09 the paper assesses the role and importance of parties in the recruitment and selection of candidates. In many respects candidates are similar to councillors with men outnumbering women in a two to one ratio, with very few non-white candidates coming forward for selection and an age bias towards older rather than younger people. Candidates are found generally to have higher educational qualifications and to be employed in professional and managerial populations than in the public at large. Although a majority of candidates are resident in the ward that they contest a large fraction live elsewhere, suggesting that local parties cast the net widely during the recruitment process. The data suggest that the recruitment networks used by parties are relatively closed with many candidates reporting prior experience as local party officer holders or as members of charitable organisations and local public bodies. For two-thirds of candidates the initial decision to stand follows from a request by someone else, often a fellow party member. Women are more likely to be asked than men. Although candidates are aware of the current under-representation of some social and ethnic groups they are generally against using affirmative action measures to redress any imbalance. Although local parties are sometimes seen as contributing towards the problem of under-representation of some groups on council benches the data suggest than an increase in independent candidates would be unlikely to improve the situation and could perhaps cause it to deteriorate still further.     

Stuck in transition: electoral processes in Zambia 1991–2001

Zambia has held three multiparty elections since its restoration of democracy in 1991. This peaceful transition raised expectations of a smooth process towards democratic consolidation. But similar to experiences in other African countries and Eastern Europe, the Zambian democratic process has remained stuck in a ‘transitional zone’ between actual democracy and authoritarian systems. This article argues that Zambian elections fall short of the expectations of a democratic process due to the institutional uncertainty surrounding elections and the weakness of the Zambian Electoral Commission in particular. The continued uncertainty – of the rules and regulations guiding elections and electoral administration – has maintained the same party in power through three consecutive elections, despite an alarming economic record.     

Lawyers’ wellbeing and professional legal education

Abstract

THIS PAPER examines the wellbeing and satisfaction levels of lawyers in the workplace. It argues that research suggesting a crisis in the legal profession in the United States is comparable with research on wellbeing and levels of satisfaction for lawyers in Australasia. Some reports in both jurisdictions are critical of conventional legal education and practical legal training programs, which do not encourage students to develop personal and interpersonal skills that can improve self‐awareness, communication skills and the capacity to manage stress and anxiety. Consequently, law students are allowed to assume that these “soft skills” are less important for lawyers compared with cognitive skills such as “knowing the law” and “thinking like a lawyer”.

The paper describes the preliminary results of research conducted with graduates of the School of Law at the University of Newcastle Australia. The results confirm existing research to show that clinical legal education programs that expose law students under supervision to clients with real cases may promote the development of interpersonal skills, which in turn may help them cope with stressors in legal practice, especially in the first few years post‐admission.     

Psychopathy and Stalking

We examined the association between psychopathy, assessed using the Hare Psychopathy Checklist-Revised: Screening Version (Hart et al., Manual for the psychopathy checklist screening version (PCL:SV), 1995), and stalking in 61 men convicted of stalking-related offenses. Psychopathic symptoms were rare, but their presence—especially that of affective deficit symptoms—was associated with victimization of casual acquaintances and with several risk factors from the Guidelines for Stalking Assessment and Management (SAM) (Kropp et al., Guidelines for stalking assessment and management, 2008a), including stalking in violation of supervision orders, degree of preoccupation with victims, and targeting of victims with limited access to external resources. The findings suggest that in spite of their rarity, psychopathic traits may be important in the assessment and management of stalking risk.

Public policy and sequential lineups

The claim that sequential lineups are superior to simultaneous lineups and that our knowledge of sequential lineups is sufficient to warrant their being required by law is reviewed for the validity of both strong and weak claims of sequential superiority, adherence to principles of research design, and the needs of public policy. We conclude, (1) there is little evidence to support the claim that sequential presentation of photos is responsible for lower levels of false identifications, (2) the evidence is weak that the aggregation of factors commonly labeled as the sequential lineup together produce lower levels of false identifications without additional offsetting effects, (3) much of the literature contains several confounds in research design and additional offsetting effects that question its overall utility, (4) recent research shows that the superiority of sequential lineups is restricted to specific ranges on other study design variables, and (5) the corpus of research on sequential lineups does not satisfy the needs of policy sufficiently to justify its mandated use as the required identification procedure throughout the criminal justice system.