Title:
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The purest of punishment : Irish republicans in the criminal justice system 1972-97
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This thesis is a critique of the law's response to the violence perpetrated by Irish
republicans on the British mainland during the Northern Irish conflict. The research is
undertaken from within the public law paradigm, and takes account of the inadequacies
of explanations of political violence from across the academic spectrum, sociological,
criminological, and jurisprudential.
Generally research into punishment has taken one of two forms: either the empirical
work of criminologists or the theoretical work of philosophers. This thesis is unique in
that the law is used to posit the central argument. By analysing the text of legal
judgments relating to punishment in general and the punishment of Irish republicans in
particular the central thesis, the inability of the law to comprehend and consequently
respond appropriately to political violence, is made. In turn, wider and more general
points, such as the confusion that currently exists in regard to penal policy, are made.
The work is broadly divided into two: in the fIrst part, after a general introduction to
academic accounts of punishment the sentencing oflrish republicans is examined. In the
second part we move to the prison, where the focus is the place of Irish republicans in
both the estate itself and prison law. This also reflects the unique quality of the work, as
the traditional approach of public lawyers to the issue of political violence, or
'terrorism', has been to focus on the earlier, interrogatory stage of the criminal justice
process.
In summary, via an exegesis of the law, the position oflrish republicans in the criminal
justice system is used as exemplifIcation ofthat law's inability to fully address political
violence.
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