THE PAST IN THE PRESENT: THE SHAPING OF IDENTITY IN LOYALIST ULSTER

This article discusses Loyalist identity formation in Ulster, as Unionists and Loyalists strive to reconcile with or, conversely, distance themselves from the fundamental political changes that have followed in the wake of the paramilitary ceasefires of the mid-1990s and the 1998 Good Friday Belfast Peace Agreement. It is argued that in the unresolved questions surrounding identity and allegiance lie the keys to conflict and its resolution in Northern Ireland. The article has four specific objectives. First, these revisionist identity authorings are set within a conceptual context that links three closely related ideas that are crucial to the emerging identities of post-1994 Loyalist Ulster: resistance; subalternity; and Thirdspace. Secondly, the implications of these ideas for the renegotiation of Loyalist identities are explored, before, thirdly, a brief examination of the subject matter, content and resources—the heritage—for those identities. Finally, the article isolates some of the major themes of these identities in order to elicit the repercussions of Loyalist self-imaging. Particular emphasis is given to the Somme mythology and the Ulster-Scots movement.     

‘Stalking’ – Seeking the victim's perspective

Abstract

The law has experienced great difficulty in defining ‘stalking’ and framing legislation to deal with the problem. There has been little research as to how the public in general and potential victims in particular view this phenomenon. In an effort to explore this issue, 80 women aged 18 to 55 years were invited to classify which of a range of intrusive behaviours were exemplars of stalking. A cluster analysis of the classification data showed a clear distinction between those which participants felt to be stalking and non-stalking related acts. Further, a number of distinct sub-categories of perceived stalking behaviours were suggested by the analysis. Participants were also asked to indicate whether they had first hood experience of any of these behaviours and to describe their worst personal experience of ‘stalking’. Analysis of this data suggested that instances of what our respondents perceived as ‘stalking’ was widespread in the sample and that some of its more serious manifestations would, if reported, have led to criminal charges. The difficulties of framing legislation, however, to define all the acts which our respondents saw as ‘stalking’ remain.     

The Direct and Cross-Examination of Complainants and Defendants in Rape Trials: A Quantitative Analysis of Question Type

This paper is a post-hoc examination of the questioning used in six rape trials. Questions asked in the evidence-in-chief and cross-examination of six complainants and five defendants were coded into different categories. The categories comprised "open", "closed", "leading", "heavily-leading" and "yes/no" questions; questions that are known to increasingly constrain witness responses. Additionally, the frequency of "multiple questions", and questions with "negatives" and "double negatives" were recorded; questions that witnesses have difficulty understanding. Broadly speaking, results showed that questions in both evidence-in-chief and cross-examination were of a constraining nature and allowed witnesses little opportunity to provide complete accounts of alleged events, particularly during cross-examination. Multiple questions were frequent although negatives were comparatively rare, and double negatives did not occur. Similar forms of questioning were used for complainants as for defendants, although more questions were asked of complainants than defendants in cross-examination. The results are discussed in terms of the adverse influence of these questioning strategies on the completeness and accuracy of witnesses' responses, and the similarity in "combativeness" of lawyers in their examination of complainants and defendants.     

Police interrogation

Abstract

We describe a study of more than 1000 interrogations by Metropolitan Police Officers. Obtaining a confession is found to be the paramount reason for interviewing a suspect. However, few suspects who did not initially confess changed their minds during the interview. 42% of suspects admitted their guilt—about the same number as obtained before tape recording of interviews was introduced. Strength of evidence and legal advice were the principal factors associated with confessing. The confession rate also varied according to which police station hosted the “interview”. An “accusatorial” style of questioning was associated with the possession of strong evidence against the suspect.     

Extra-judicial targeted killing

This paper asks fundamental questions about the legality of remote killings by drones outside combat zones. Despite the difficulty of obtaining accurate statistics from the Obama Administration, it argues that clear legal standards are being avoided and dangerous precedents are being established, including vaguely-defined licences to kill. It also criticises the US Administration's position justifying the use of such force, as identified by Harold Koh, the Legal Adviser to the State Department. The fundamental legal question of whether IHRL should apply is discussed.     

Transnational Networking on the Far Right: The Case of Britain and Germany

This article examines an aspect of transnational activity that is often neglected, namely the transnational activism of the far right. It uses a case study of the British National Party (BNP) and the Nationaldemokratische Partei Deutschlands (NPD – German National Democratic Party) in order to explore how its leaders and activists share ideas and information, policy and praxis, and how this is employed in the development of a strategic ‘master frame’ that they believe will allow them to overcome the limits of purely national activity in a globalised world. It explores the evolution of the links between the two parties, their nature and indeed the limits of such transnational activism upon national ‘frames’ in order to present a historical overview of the diffusion of ideology and strategy within the contemporary European far right.     

Regional arrangements for providing liquidity in a financial crisis: developments in East Asia

Abstract

During the last decade three books have had a disproportionate impact on China Studies because of their controversial interpretations: Jenner's The Tyranny of History, which predicts the disintegration of the Chinese state; Menzies' 1421: The Year China Discovered the World, which describes how Chinese sailors circumnavigated the globe well before any Europeans; and Jung Chang and Jon Halliday's biography Mao: The Unknown Story. All are revisionist histories that amongst other (usually controversial) conclusions suggest there has been a conspiracy to keep the information they convey hidden. Considering their arguments and the manner of their enquiry and expression is interesting in more general ways about the construction of narrative and the nature of conspiracy, as well as about the lessons for academic research.