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.     

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.     

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.     

Representation,agendas and institutions

Dynamic agenda representation can be understood through the transmission of the priorities of the public onto the policy priorities of government. The pattern of representation in policy agendas is mediated through institutions due to friction (i.e., organisational and cognitive costs imposed on change) in decision making and variation in the scarcity of policy makers' attention. This article builds on extant studies of the correspondence between public priorities and the policy activities of government, undertaking time‐series analyses using data for the United States and the United Kingdom, from 1951 to 2003, relating to executive speeches, laws and budgets in combination with data on public opinion about the ‘most important problem’. The results show that the responsiveness of policy agendas to public priorities is greater when institutions are subject to less friction (i.e., executive speeches subject to few formal rules and involving a limited number of actors) and declines as friction against policy change increases (i.e., laws and budgets subject to a greater number of veto points and political interests/coalitions).     

Gender and general strain theory: A replication and exploration of Broidy and Agnew's gender/strain hypothesis among a sample of southwestern Mexican American adolescents

Based on recent theoretical and empirical advancements in general strain theory (GST) research, this study explored the possible extension of GST to explain both interpersonal aggression and property offending among Hispanic adolescents. More specifically, this study attempted to replicate the work of Piquero and Sealock (2004) by examining gender differences in GST-related processes that affect criminal behavior using self-report data from a large sample of southwestern Mexican American adolescents. Results from a series of multivariate models incorporating several measures of strain, negative affect, and coping resources provided partial support for Broidy and Agnew's (1997) gender/general strain hypotheses and produced relatively similar findings in terms of gender similarities/differences as reported by Piquero and Sealock (2004). Additional results also identified several significant three-way interaction effects once gender x negative emotion x conditioning factor interaction terms were simultaneously estimated. Possible theoretical modifications and suggestions for future research are discussed.     

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.