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Page 1 of 4

  • Monitoring Prisons in Europe: Understanding Perspectives of People in Prison and Prison Staff
  • Ciara O’Connell, Mary Rogan
  • Journal: Law & Social Inquiry , First View
  • Published online by Cambridge University Press: 24 March 2022, pp. 1-31
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    Prison monitoring has been promoted by international human rights bodies as a way to support the prevention of torture and ill-treatment in prison. However, there has been very limited examination of the operation of prison-monitoring bodies, especially from the perspective of those most affected by their recommendations: those who live and work in prisons. This article draws on interviews conducted with people living and working in a Scottish and a Norwegian prison to explore how they perceive a long-standing prison-monitoring body, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT). The article provides an examination of the benefit and utility of CPT recommendations from the point of view of people in prison and prison staff. The study further reveals that the effectiveness of CPT monitoring in prisons may be considered in terms aside from state implementation of recommendations and should include how people in prison see its work, its impact, its power to persuade, and its connection to the outside world. Through taking a prison-centered approach, the article contributes to wider discussions on whether and how human rights frameworks can alter experiences of punishment.

  • Chapter 5 - Byron and His Publishers
  • from Part I - Life and Works
  • Edited by Clara Tuite, University of Melbourne
  • Book: Byron in Context
  • Published online: 04 October 2019
  • Print publication: 05 December 2019, pp 46-52
  • View extract

    Summary

    Of the publishers with whom Byron had a significant association, James Cawthorn was the first, John Hunt the last, and John Murray the one with whom he had the longest involvement. Their status reflected the trajectory of Byron’s career: he began with a small publisher in Cawthorn, was with the influential Murray for the years of his most intense celebrity and allowed the radical Hunt to take over publishing Don Juan when his relationship with Murray broke down. His relationships with these men demonstrate his ambivalence about writing, publishing and commercial success.

  • 10 - Reestablishing the Rule of Law as National Security
  • from Part III - The Future Imagined
  • Edited by Karen J. Greenberg, Fordham University, New York
  • Book: Reimagining the National Security State
  • Published online: 25 October 2019
  • Print publication: 07 November 2019, pp 154-168
  • View extract

    Summary

    Mary Ellen O'Connell explores how America’s identify has been linked to its respect for the rule of law and how that relationship has been challenged, particulary since the end of the Cold War. She argues that law is considered sovereign in the United States. The American identity is based on a view of America where DNA is law–national and international. Accordingly, the definition of American security rests upon securing the rule of law. This fundamental principle has been challenged at various points in US history but perhaps never as much as in recent times, beginning with the end of the Cold War. Without an opponent embracing authoritarian rule to reflect against, the post–Cold War confidence in military power overwhelmed the commitment to law. Weakened for a decade, the high commitment to law essentially collapsed on 9/11. It has yet to be regained. With the presidency of Donald Trump, the rise of China, the existential threat of climate change, and other factors, now is the moment to reestablish the place of law as the purpose of US national security.

  • 3 - Self-Defence, Pernicious Doctrines, Peremptory Norms
  • Mary Ellen O'Connell, University of Notre Dame, Indiana, Christian J. Tams, University of Glasgow, Dire Tladi, University of Pretoria
  • Book: Self-Defence against Non-State Actors
  • Published online: 29 July 2019
  • Print publication: 01 August 2019, pp 174-257
  • View extract

    Summary

    On 21 August 2015, British Prime Minister David Cameron authorised the killing with military force of a British national, twenty-one-year-old Reyaad Khan. Khan and two other men riding in a vehicle with him were blown to shreds by Hellfire missiles launched from a remotely piloted drone. The attack occurred in Syria, despite the fact that the United Kingdom Parliament had voted to restrict UK involvement in the Syrian Civil War. The Prime Minister declared the killings a lawful exercise of Britain’s ‘inherent right to self-defence’1 against a ‘very real threat’.2 The British suspected Khan of recruiting individuals to ISIS3 and of plotting terrorist attacks to be carried out in the UK.4 A few days later, the United States also conducted a drone attack in Syria and announced with a ‘high level of confidence’ that it had succeeded in killing another twenty-one-year-old British national, Junaid Hussain.5

Self-Defence against Non-State Actors
  • Self-Defence against Non-State Actors
  • Volume 1
  • Mary Ellen O'Connell, Christian J. Tams, Dire Tladi
  • Published online: 29 July 2019
  • Print publication: 01 August 2019
  • View description
    In this book, self-defence against non-state actors is examined by three scholars whose geographical, professional, theoretical, and methodological backgrounds and outlooks differ greatly. Their trialogue is framed by an introduction and a conclusion by the series editors. The novel scholarly format accommodates the pluralism and value changes of the current era, a shifting world order and the rise in nationalism and populism. It brings to light the cultural, professional and political pluralism which characterises international legal scholarship and exploits this pluralism as a heuristic device. This multiperspectivism exposes how political factors and intellectual styles influence the scholarly approaches and legal answers and the trialogical structure encourages its participants to decentre their perspectives. By explicitly focussing on the authors' divergence and disagreement, a richer understanding of self-defence against non-state actors is achieved, and the legal challenges and possible ways ahead identified.

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