James Gallen – författare

Over the last few decades, the issue of historical/ non-recent institutional abuses has resonated in a range of Western states and churches. Despite the recent proliferation of 'justice' responses to such abuses including prosecutions and civil litigation, inquiries, redress and apologies, it is a subject which is insufficiently understood in the literature. Set against the complexities of the legal, historical, cultural, and political realities of addressing non-recent institutional abuses, Transforming Justice Responses to Non-Recent Institutional Abuses critically examines these justice responses across Northern Ireland and the Republic of Ireland. Bringing together the voices of victim/survivors of non-recent institutional abuses with legal actors, academics, media professionals, and church and state actors on their experiences of justice processes, this book reframes discourses on accountability and responsibility and considers how to improve justice processes at the level of praxis and increase engagement between victim/survivors and institutional actors.Drawing on interdisciplinary literature related to restorative, transitional, and transformative justice and analysis of primary research, the book advances analysis of the role of innovative justice in this space and a new approach to justice which bridges the accountability gap between seeking and achieving justice for non-recent institutional abuses while improving outcomes for victims and survivors. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.

This book addresses how law and public policy cause or exacerbate vulnerability in individuals and groups.Bringing together scholars, judges and practitioners, it identifies how individuals and groups can become vulnerabilised through the operation of law, and examines how the State can acknowledge and remedy that impact. The book offers not only a theoretical, ethical and normative conception of vulnerability in law, but also an evaluation of the diverse practices of responding to vulnerability in law through accountability mechanisms and public campaigns. The analysis of vulnerability contained in this volume is enhanced by the common use of Ireland as a case study. Despite the robust rights protections available at national, regional and international level, Ireland remains a State where at risk people have experienced vulnerability across a range of thematic areas, such as criminal law, migration and asylum, historical abuse, LGBTI rights and austerity. Drawing on comparative analyses and a consideration of the role of international law in domestic settings, this book offers a comparison of diverse national and transnational attempts to ensure State accountability and responsiveness to legally created vulnerabilities. The book demonstrates lessons learned from theory and practice regarding how vulnerability can be experienced by individuals and groups, structured by law and addressed through legal and political action.This book will be of considerable interest to socio-legal and "law and society" scholars, as well as others working in international human rights, jurisprudence, philosophy, legal theory, political theory, feminist theory, and ethics.

This book addresses how law and public policy cause or exacerbate vulnerability in individuals and groups.Bringing together scholars, judges and practitioners, it identifies how individuals and groups can become vulnerabilised through the operation of law, and examines how the State can acknowledge and remedy that impact. The book offers not only a theoretical, ethical and normative conception of vulnerability in law, but also an evaluation of the diverse practices of responding to vulnerability in law through accountability mechanisms and public campaigns. The analysis of vulnerability contained in this volume is enhanced by the common use of Ireland as a case study. Despite the robust rights protections available at national, regional and international level, Ireland remains a State where at risk people have experienced vulnerability across a range of thematic areas, such as criminal law, migration and asylum, historical abuse, LGBTI rights and austerity. Drawing on comparative analyses and a consideration of the role of international law in domestic settings, this book offers a comparison of diverse national and transnational attempts to ensure State accountability and responsiveness to legally created vulnerabilities. The book demonstrates lessons learned from theory and practice regarding how vulnerability can be experienced by individuals and groups, structured by law and addressed through legal and political action.This book will be of considerable interest to socio-legal and "law and society" scholars, as well as others working in international human rights, jurisprudence, philosophy, legal theory, political theory, feminist theory, and ethics.

In considering diffusion from a global perspective, this book provides timely new insights into its application in a variety of fields and at many levels of both legal and non-legal orderings. This collection contributes to the wider theoretical debate concerning the movement of law and legal norms by engaging with concrete examples of legal diffusion, in jurisdictions as diverse as Albania, the Czech Republic, Poland and Kuwait. These examples, taken together, provide a comprehensive illustration of the theoretical debates concerning the diffusion of laws and norms in terms of both process and form. This international, multi-disciplinary and multi-methodological volume brings together scholars from law and social science with experience in mixed and hybrid jurisdictions, and advances the conversation about legal and normative diffusion across the academy. It represents a robust challenge to many preconceived ideas about legal movement and, as such, will be of interest to academics and students working in the fields of Law, Sociology, Anthropology, Political Science, Legal Education and comparative method.

In this book, James Gallen provides an in-depth evaluation of the responses of Western States and churches to their historical abuses from a transitional justice perspective. Using a comparative lens, this book examines the application of transitional justice to address and redress the past in Ireland, Australia, Canada, the United States and United Kingdom. It evaluates the use of public inquiries and truth commissions, litigation, reparations, apologies, and reconciliation in each context to address these abuses. Significantly, this novel analysis considers how power and public emotions influence, and often impede, transitional justice's ability to address historical-structural injustices. In addressing historical abuses, power fails to be redistributed and national and religious myths are not reconsidered, leading Gallen to conclude that the existing transitional justice efforts of states and churches remain an unrepentant form of justice. This title is also available as Open Access on Cambridge Core.

In considering diffusion from a global perspective, this book provides timely new insights into its application in a variety of fields and at many levels of both legal and non-legal orderings. This collection contributes to the wider theoretical debate concerning the movement of law and legal norms by engaging with concrete examples of legal diffusion, in jurisdictions as diverse as Albania, the Czech Republic, Poland and Kuwait. These examples, taken together, provide a comprehensive illustration of the theoretical debates concerning the diffusion of laws and norms in terms of both process and form. This international, multi-disciplinary and multi-methodological volume brings together scholars from law and social science with experience in mixed and hybrid jurisdictions, and advances the conversation about legal and normative diffusion across the academy. It represents a robust challenge to many preconceived ideas about legal movement and, as such, will be of interest to academics and students working in the fields of Law, Sociology, Anthropology, Political Science, Legal Education and comparative method.

The Irish Yearbook of International Law supports research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish policy and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law, as well as topics with significant interest for an Irish audience. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international bodies, and the law of the European Union as relevant to developments in Ireland. This volume of the Yearbook includes contributions on international humanitarian law, including intersections with international human rights law and the law of state responsibility, the concept of due diligence in international law, and the exercise of international criminal jurisdiction with specific reference to Irish law.

The Irish Yearbook of International Law supports research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish policy and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law, as well as topics with significant interest for an Irish audience. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international bodies, and the law of the European Union as relevant to developments in Ireland. This volume of the Yearbook includes contributions on international humanitarian law, including intersections with international human rights law and the law of state responsibility, the concept of due diligence in international law, and the exercise of international criminal jurisdiction with specific reference to Irish law.

The Irish Yearbook of International Law supports research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship.This new volume covers the years 2021 and 2022, including global events such as the COVID-19 pandemic, Brexit fall-out, the Taliban’s return to power in Afghanistan, a civil war in Ethiopia, protests in Iran, and Russia’s unlawful invasion of Ukraine. Reports also cover topics on human rights in Ireland, the law of the sea, the exploitation of mineral resources of celestial bodies by private enterprises and the protection of the right to food, among others.Additionally, the book includes four book reviews covering a range of international law subjects, such as international economic law, colonialism and the protection of animals in armed conflict.

The Irish Yearbook of International Law supports research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship.This new volume covers the years 2021 and 2022, including global events such as the COVID-19 pandemic, Brexit fall-out, the Taliban’s return to power in Afghanistan, a civil war in Ethiopia, protests in Iran, and Russia’s unlawful invasion of Ukraine. Reports also cover topics on human rights in Ireland, the law of the sea, the exploitation of mineral resources of celestial bodies by private enterprises and the protection of the right to food, among others.Additionally, the book includes four book reviews covering a range of international law subjects, such as international economic law, colonialism and the protection of animals in armed conflict.

This volume brings together academics and judges to consider ideas and arguments flowing from the often complex relationships between law and politics, adjudication and policy-making, and the judicial and political branches of government. Contributors explore numerous themes, including the nature and extent of judicial power, the European Court of Human Rights decision in O'Keeffe v Ireland, the process of appointing judges and judicial representation, judicial power and political processes. Contrasting judicial and academic perspectives are provided on the role of the European Court of Human Rights and the nature of exhausting domestic remedies, including a contribution from the late Mr. Justice Adrian Hardiman. The role of specific judges, social and political disputes and case law are examined and socio-economic rights, the rule of law and electoral processes are all addressed.