At their inauguration, public leaders must swear to uphold unwritten law and weep to atone for their presumption to hold office – Seamus Heaney, ‘From the Republic of Conscience’ With a Dublin Central by-election on the horizon, Irish politics appears to be descending into GUBU. The ‘grotesque, unbelievable, bizarre and unprecedented’ prospect of alleged crime … Read more
Ryszard Kapuściński in Imperium (1993) warned of three plagues, or contagions threatening the world: nationalism, racism and fundamentalism. He further identified one shared trait or a common denominator in ‘an aggressive all powerful total irrationality,’ arguing that ‘[a]nyone stricken with one of these plagues is beyond reason. In his head burns a sacred pyre that awaits … Read more
A reliable source, who happens to be representing him, now informs me that Banksy is to be prosecuted over his RCJ mural. This form of artistic censorship, leads me to consider the important role that art has played in terms of political commentary, and how some of the masterpieces in this genre resonate with contemporary … Read more
The European Convention on Human Rights (ECHR) is perhaps best understood as the culmination of the Enlightenment tradition of constitutionalism, hedged in legalistic language of proportionality and balance. It asserts that people have a right – or at the very least the right to have rights – to rely on the Convention when a domestic … Read more
As I sauntered from the Old Bailey past the RCJ the Banksy painting caricaturing a judge attacking a protester was no longer even a ghostly shadow, but it very much remains in the public domain, after reports emerged that it had been reported as criminal damage. On September 25, on Old Brompton Road, a comprehensive … Read more
What makes for fine rhetoric in an age of disinformation? Clearly, this is distinct from the techniques employed by corporate motivational speakers, tele-evangelists or self-help gurus. A useful starting point is to examine Aristotle’s views on Rhetoric, who argued that speech can produce persuasion (pistis) either through the character (êthos) of the speaker, the emotional … Read more
In his last great novel The Plot Against America (2004) Philp Roth posited plausible circumstances where President Franklin D. Roosevelt, the great social democrat, could be dislodged by the proto-fascist Charles Lindbergh. Sadly, a failure to understand history bedevils our time. We have sleepwalked into a similar scenario after the last U.S. Presidential election. Now … Read more
In an age of unrestrained Russian-bashing, the figure of Fyodor Dostoevsky might seem a provocative choice for this Public Intellectual series. He remains, however, in my view, the greatest writer of prose fiction who has ever lived. His greatest novels The Devils/Demons (1872) and The Brothers Karamazov (1880) are, frankly, unsurpassed in world literature. As … Read more
In search of the my favourite troubadour all roads lead to Flanders, Belgium, then on to France and French Polynesia. There, in the obscure cemetery of Atuona Hiva Oa – alongside the impressionist Paul Gaugin – rests the mortal remains of Jacques Brel. Aged just forty-seven, Brel had been under a settled expectation of death … Read more
In the first part of this series, London-based barrister, who taught Jurisprudence for sixteen years in the Honorable Society of the King’s Inns in Dublin, David Langwallner takes issue with Irish Supreme Court Justice Gerard Hogan devotion to Legal Positivism, instead arguing morality and politics should inform the law. He elaborates further on that debate … Read more
I have just finished representing a client in a murder case and have plenty to reflect on about guilt and innocence. This is a two-part excursus for Cassandra Voices dealing first with why certain people are found guilty of crimes they did not commit. The Innocence Project, with which I was involved over many years, … Read more
This Ireland exists. And should one travel there and not find it, then they have not looked closely enough.. Hugo Hamilton: The Island of Talking – In the footsteps of Heinrich Boll #IrelandisFull: the migration of this phrase from the far-right into the mainstream is an awful feature of our woe-begotten times. It begs the … Read more
When David Irving, the mad fascist historian imprisoned in Austria for Holocaust denial, was asked to speak by The University Philosophical Society in Dublin in the late 1980’s, the Student Union – involving the current Labour leader Ivana Bacik – instigated a protest that led to a minor riot to prevent him from speaking. Given … Read more
The theme of ‘late art’ was recently explored by the art historian Carel Blotkamp in The End: Artists’ Late and Last Works (2019) focusing on the visual arts, but in an age nonspecific way. Raphael’s ‘Transfiguration’ is central to the argument of the book. After Raphael’s death, the author notes his body was laid out … Read more
Born in 1875, like many in his era Thomas Mann was initially a Great German Conservative, but by the outbreak of World War II he was making anti-Nazi speeches for the BBC. Mann won the Nobel Prize in 1929 for his chronicles of German families in Buddenbrooks (1901), and for his bildungsroman The Magic Mountain … Read more
This article is dedicated to Patrick Healy. The Irish people have a long-standing relationship with ‘numinous presences in the landscape’, often referred to as the little people, or faeries. The literature provides a complex set of illusions. The writer, philosopher and independent scholar, my friend, Patrick Healy on a recent visitation tendered me a painting … Read more
Both as a lawyer and Supreme Court judge, Louis Brandeis was an inveterate opponent of big business interests. Less well known than his other contributions, is that he a co-authored a text in the 1890 Harvard Law Review that invented a privacy right, which has steadily been eroded in criminal justice. Indeed, as a judge … Read more
All persons and authorities within the state, whether public or private, should be bound by, and entitled to, the benefit of laws publicly and prospectively promulgated and publicly administered in the courts. Lord Bingham, ‘The Rule of Law‘, Sir David Williams Lecture, Cambridge, 2006. I have written extensively about the whittling away of due process … Read more
U.K. lawmakers, unlike their Irish counterparts, are currently agonising over the Online Safety Bill 2023. It is far less draconian than the recent Irish Bill, which I recently assessed. This is currently being reviewed in the House or Lords – a body not to be automatically dismissed. This archaic assembly is still capable of acting … Read more
The new so-called Hate Crime Bill [Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022] in Ireland has generated quite a furore, including outright condemnation by Elon Musk, who described the measure as a “Massive attack on freedom of speech.” It has also been branded “insane” by Donald Trump Junior, which was … Read more
