Jurisprudential Oaks from Mythical Acorns: The Hart-Dworkin Debate Revisited

Abstract. This article attempts to demonstrate, via the famous Hart-Dworkin debate on the nature and functions of judicial discretion, that substantial jurisprudential disputes as well as theories can, and do, arise from misconceived critiques, whether intended or otherwise. It also seeks to show that, whilst Dworkin's initial critique of Hart was misconceived, his theory of adjudication that arose as a result of responses to his initial views is a positive contribution to learning, although 1 argue that Dworkin's views are not, in the final analysis, sufficiently persuasive to constitute a radical departure from Hart's own views.     

A Friend Indeed? From Tobruk to El Alamein: The American Contribution to Victory in the Desert

The article offers a re-evaluation of American reinforcement for the Eighth Army following the fall of Tobruk in June 1942, arguing that American arms and air power made a decisive, if largely unrecognized, contribution to the victory at El Alamein. Both British and American leaders, for their own reasons, glossed over the critical American component of this most quintessentially British victory, and historians have echoed this downplaying of American aid. The article sets these political and military events in the context of expanding American interest in the Middle East.     

Children,Terrorism and Counterterrorism: Lessons in Policy and Practise

ABSTRACT

Children are all too often the victims of terrorist conflicts and, as the Beslan school siege tragically illustrated, this victimisation can be extreme, deliberate and intentional. While all victims of terrorism attract a special interest, child victims unquestionably attract the most. Following this, how terrorist groups and governments initiate and react to violence which kills and maims children can play a major role in how conflicts are perceived and in how campaigns unfold. A failure to appreciate the critical issues surrounding the victimisation of children risks undermining perceived legitimacy, eroding wider support and increasing the backing opponents enjoy. Drawing on a variety of case studies, this article provides a review of how the victimisation of children has impacted in recent terrorist conflicts. Implications for policy and practice are highlighted.

Vengeance for the blood of a small child

Satan has not yet created

Haim Nahman Bialik, Al ha-Shehitah (1903)

The Governance of Terror: Precautionary Logic and Counterterrorist Law Reform After September 11

This article examines how lawmakers respond through law reform to the prospect of further terrorist attacks after September 11. The first part examines ways of conceptualizing the terrorist threat, drawing upon notions of risk, fear, catastrophe, and precaution. The concept of the Precautionary Principle is introduced and explored as a tool for making sense of, and improving, law reform processes in counterterrorism. The second part deploys these concepts through two case studies of counterterrorist law reform: Canada and Australia. What constitutes expertise in this area is considered, as is the capacity of legislators to scrutinize the arguments of necessity and prognoses of dire threat put forward by executive government.