Le Francophone.

24 août 2009

“What is social about religion? Analyse the role religion plays in the social organisation of society.”

INTRODUCTION

All human beings dwelling on this planet practise diverse activities for the purpose of staying alive and maintaining a balance between their physical, mental and social life.  Religion is amongst those activities, and it is accomplished by individuals who believe in the existence of a supreme being with a sovereign power. This assertion may not be proved by scientific methods or sociological thinkers’ approaches. 

The configuration of society depends on different factors; and since centuries, religion and churches in particular have played, and continue to play, a tremendous function in modelling societies. The religious implication in societal existence has positive and negative effects. To respond to the question: what is social for religion and analyse the role plays by the church in the organisation of society, it is plausible to consider: both sociological and scientific approaches to religion, the relationship between the church and society and finally to look at some particular study cases on a global scale.

Body

Classical sociological thinkers such as Emile Durkheim Karl Marx and Max Weber have analysed each issue, with a sociological approach to the concept of religion.  At the stage of defining the term religion, Emile Durkheim states that religion is a system of beliefs and rites which has a tendency to separate things into two categories, the sacred and the profane (Morrison, 2001:p.191). In contrast, Karl Marx defines religion as the opium of people.  The notion of eternal life as preached by many churches procures people hope for the after- life. Their current struggles due to injustice and discrimination while still alive are compensated with the notion of eternity. (Giddens, 1995: p.464). Finally, Max Weber underlines that religion is one of the various social ingredients engendering the financial shift that leads to capitalism. (Morrison, 2001: p.225).  Furthermore, the scientific approach describes religion as an abstract element of social life which cannot provide evidence.  The study of the natural world by scientists is confirmed by the fact that researchers can observe, test and probe the substance of phenomena and provide evidence. (Bilton & eds, 2002: p.414) 

Anthony Giddens, on his book: Sociology and Introduction, pp459-464; divides religion in four main groups: cultural, Monotheist, polytheist and ethical religions. Totemism and animism are cultural beliefs that are encountered in social groups with small number of population. Totemism is defined as a belief in some types of plants and animals supposed to hold supernatural powers.  Animism means the belief in a spirit or ghosts, living in the same globe than human beings. In contrary to Totemism, animism is seen and practised in big cultural cities. Besides this group, stands a religious tripartite made of Judaism, Christianity and Islam. This set of religions is well known and has huge influence in societies. Their belief is centred in one God.

Judaism has existed prior to the birth of Christianity and Islam.  The belief is grounded on prophets and God. Also, Judaism is considered to be the official religion of Jewish people who underwent persecutions until the creation of

Israel

after the Second World War.

Christianity was established by Jesus’ followers who called him the Messiah. First believers were tortured by anti-Christ activists. But later, Christianity became one the most popular religions of that time. Yet, in the modern time, Christianity has more adherents in the world scale than any other religion.

Islam came from prophet Mahomet teachings. It is understood that the prophet exercised his ministry prior to Jesus’. Furthermore, Muslims believe that Allah is God and Mahomet is his prophet; also dogmas established by the Islamic institution have to be respected by members.

Hinduism is a polytheist religion of the far eastern part of the world. This doctrine has existed before Islam and Christianity. The key points of the Hindus’ faith are based on the principle of incarnation, social and ritual hierarchical predisposition of individuals.  Hinduism has reverence to other religious confessions, and stands beside Islam in terms of number of members.

The final piece of general information about types of religion ends by the ethical religions. This group of religions consists of Buddhism, Confucianism and Taoism. The teachings of Siddhartha Gautama served as the basic element of the foundation of Buddhism. The focus of this belief is the escape of reincarnation through the rejection of desires. Also, by means of self-control and meditation individuals get salvation. Confucianism was founded by Confucius and aims to moderate human life throughout the interior harmony of nature insisting on the worship of ancestors. Taoism was set up by Lao-Tze and shares the same beliefs that Confucianism. One particular aspect of this belief is that it claims for non-violence approach. The definition on religion and different types of beliefs demonstrates how social life can be affected by those spiritual ideologies.

           Religious practices operate in communities belonged to states. And the relationship between church and state has always been a crucial matter to handle from a sociological viewpoint. As mentioned by Share, Tovey &  Corcoran in their book : A sociology of Ireland, pp 308- Durkheim and Weber have analysed in depth the connection linking religious bodies and social life. According to Durkheim, the effects engendered by religious conviction are numerous, notably: communal solidarity, community control and determination of the essence of human being existence.  Moreover, the church as institution fixes rules and norms which have an effect on members and society at large. This is performed by a communal contribution in sacrament and symbols; the observation of established dogmas and discernment between good and evil. These regulations canalise people’s attitude within society. In contrast, a matter of interest for Weber was the correlation between Protestantism and capitalism. Weber argued that Protestantism played a role in revealing societies’ inhabitants the benefit of work, communal values and social deed. Furthermore, he stressed on part played by Protestant religion in

Western Europe

’s progress. The cornerstone of this economic improvement derived from the transfer of fulfilment on self-discipline and on effectiveness. Therefore, salvation and eternal life were considered as a grant. Also, this helped to financial savings and resources exploitation. These two asymmetric critical conceptions on religion influence on societies illustrate the place occupied by this later in society. The case of

Ireland

is a typical demonstration of a metaphorical religious dominion on society. By tradition,

Ireland

is a religious nation.

                   The Irish post-famine period allowed the Catholic congregation to emerge as a powerful force in

Ireland

and it kept on exercising tremendous influence in Irish political and social domain. In the early years of the

Irish Free State

, governments were in a difficult situation to prove their fidelity and engagement to the Catholic hierarchy. In 1930, the Irish government set diplomatic partnership with the

Vatican

, and the President of that time W.T Cosgrave after his election put into place a system of close cooperation with the church.  When Eamon de Valera took the Presidency of the State in 1932, he openly declared his will to lead the country according to the Catholic principles as stipulated by that Pope Pius XI on the social order. By 1937, De Valera incorporated Catholic social teaching in the current Irish Constitution. This is expressed in its Preamble and many articles under Constitution. The influence of Catholicism in

Ireland

was strong as education, hospital, and welfare agencies were in full control of the church. At the mid-1980s, the Catholic hierarchy became arbiter of social legislation, having a ban on divorce incorporated into the Constitution, the introduction of divorce legislation, encouraging the introduction of draconian restriction of books and films, delaying the legalization of artificial contraception until 1979. This proves that, the church held a significant power control on society as a whole. Private- lives of citizens were not spare at all. To be identified Irish required a deeply clerical involvement in someone’s life. Nonetheless, this reign of the church started to decline in 1980. In late 1980s and early 1990 the decline of church authority on moral standards and socio-sexual issues were perceptible; a range of challenges were noticed by legalization of contraception; homosexuality and divorce in 1995.  This legal implementation suggested the beginning of the process of securitisation in this country.

                   In simplest terms secularisation describes “the process by which sectors of society and culture are removed from the dominion of religious institutional and symbols” (Share, Tovey & Corcoran: p.324). It is difficult to know what besides public discourse might suggest that things have changed in

Ireland

. However, the level of membership, and the social influence of the church ideas attachment to religious symbols and gestures can be looked at somewhat objectively.  Membership of the Catholic Church in

Ireland

is not very formal and is reflected in practice, for example in weekly mass attendance. According to the 2006 Census of population classified by religion, nationality undertaken by the Central Statistics Office Ireland, in a total of a population of 3706.683 who were Irish Citizens, 3409.381 were Catholics, and represent 91.99 % of membership. In terms of mass attendance, not quite half of

Ireland

's adults attend Mass each week, according to the Statistical Evidence on active Citizenship in

Ireland

, on frequency of attendance at religious services in 2006 published on March 2007 by Taskforce on Active Citizenship in

Ireland

. Figures reveal in total, an overall regular attendance by Irish people at  59.7%, another 9% attend for more than once a week, and 41% attending Mass at least weekly, representing a sharp drop from 1990 when a survey put the figure at 81%. Furthermore, the survey shows that 16.8% of respondents attend masses several time per year, while 8% once a year and 4.5 % less often. The last group represents 10.1 % of those of Irish people who have never attended masses, while 0.8 % refused and 22.7% non-participants. This demonstrates a steady decline in mass attendance over the past 15 years. This decline in religious practice in

Ireland

might be justified by a mixture of European and Western attitudes, a wave of abuse scandals within the leadership and finally the media that serves as a supplier of an alternative value and optional way for leisure and socialise.

                   In additional, technology development and economic prosperity observed in the last decades in this country lead to a reorientation of belief and consecration. The consideration of God’s matters is no longer as effective as it used to be. Responding to a call for ministry by the youth has been drastically dropped. In addition, the wave of migration to

Ireland

has brought into

Ireland

people from all different parts of the world with diverse religious and cultural values.

Ireland

ceased to be a mono-religious country where Catholicism was considered the main and unique religion of the state. Minority communities in

Ireland

practise different types   of religion than the Catholicism: Protestant, Pentecost, Assemblies of God, Islam and so forth. This new wave of charismatic religions undermines Catholic influence in

Ireland

and leads to a change in domestic culture and attitudes in regards to the church.  Despite this decline, disgrace and challenges,

Ireland

remains traditionally a Catholic country. 

                   Elsewhere, in the world the social implication of the religion is unlike than in

Ireland

. In

United Kingdom

for instance, religions are grouped according to the concept of Trinity.  Trinitarian churches include Anglicans, Catholics, Methodists and Presbyterians. Their memberships dropped by 16 percent from 1975 to 1990. Nonetheless, non-Trinitarian churches made of the Mormons and the Jehovah’s Witnesses seen their   memberships’ rate increased in 1992 (Giddens, 1995:  p.481)

The separation between church and state is well established in the

US

and freedom of religion is fully exercised by many Americans. Therefore, ecclesiastic configuration is multiform; the diversity in religious organisation is prominent in the

US

than in any other developed nation.  Christians represent 90 percent of the American Christian population within a multiplicity of denominations. What is remarkable is the increase of fundamentalist religious organisations including Christianity and Islam.

Conclusion

Having considered the social effects produced by religious practices and the role plays by religion in the organisation of society, it is plausible to note that religions have different backgrounds, meanings, values and can generate different effects in individuals’ social lives and in society as a whole. Its relationship with the state and its contribution in the shaping of society organisation is effective despite the fact that societies around the world which are not religious fundamentalists continue to become more secular.

23 août 2009

Essay Title: Write an essay on two sources of law within Irish Legal System

Introduction

Primary and secondary sources of law constitute fundamental genesis of law within Irish legal system. From these sources are drawn ingredients, principles which pervade to the establishment of a body of rules that governs the state and guarantees the implementation of a fair legal system. In additional to this, superior and inferior sources are vital tools of reference towards legal practitioners. They facilitate them to locate the suitable legal instrument in which they can rely on for the administration of reasonable justice when conflicts occur.

This essay aims to examine two selected sources of law within Irish Legal System in each category mentioned above. In the following lines it would essential to consider, the background of each source of law, the features it bears and its position in relation to the modern Irish Legal System 

Body

The Oxford Dictionary Law defines common law, as part of English law based on rules developed by the royal courts during the first three centuries after the Norman Conquest (1066) as a system applicable to the whole country, as opposed to local customs. For the sake of conquest of more territories Normand crossed the border and invaded Ireland in 1170 thus, they brought with them the common law. The British colonist brought and set up a new legal system in order to dominate the native Irish citizens and have full control over the nation. Despite, the imposition of a new legal system by the British, the existed system did not disappear and was still in use in some part of the country as the colonizer occupation was mainly based in the Pale, eastern part the actual Dublin.

As examined by Raymond Byrne and McCutcheon in Irish legal System, common law was the only legal instrument used by judges for conviction or acquaintance of individuals in early days of Irish history. The verdicts taken by Judges were based on the doctrine of precedent. These case reference procedures constituted an entity of rules which cannot be altered by any laws emanating from others origins; this privilege enjoyed by the common law duels in the modern Irish law. Byrne & Mccutcheon: Irish Legal System: Sources of Law, p7

Nevertheless, common law has feature of being flexible; and had recognised the existed customary law known as Brehon Law.

Moreover Common law remains an important source law within Irish legal system. 

Bunreacht Na hÉireann is defined as the law of the land, which has been adopted by the people in 1937 after a referendum. It represents the Irish values, their Identity and respond to their aspirations. Furthermore, it is based on fundamental principles which protect every single individual right.  Irish Constitution establishment put an end to the existence of British Legal System which endured for several decades. This new Constitution was desperately needed because the1922 Constitution of Irish Free State contained lots of provisions which were not pertaining to the issues of national interest. In additional to this, the concept of nationalism was not perceived in the same manner by the Irish Nationalists. The 1937 Irish Constitution clarified those divergences and the unclear details left by the precedent Constitution. 

According to Andrei Marmor constitutional documents main features are as follows: supremacy, longevity, rigidity, moral content, generality and abstraction (Andrei Marmor: Interpretation and Legal Theory, Chap. 9, p141)

Considering this description of Andrei Marmor in regards to the Irish Constitution it appears plausible that Bunreacht Na hÉireann enjoys most of these characteristics.

. 

The supremacy of the Irish Constitution is expressed in fact that it has put into place a well coordinated and ordered legal system where all laws of the Republic must refer to. Therefore, all others judiciary bodies recognise the Irish Constitution as the basic law of the state. Laws with provenance from any others sources have to confer their constitutionality to the Constitution provisions.  Any laws which infringe the provisions of Constitution cannot pass and is declared unacceptable and illegal.

Added to this, its longevity is well established, since its adoption by people after a referendum in 1937 the Irish Constitution is in existence and continues to canalise the judiciary apparatus of this nation throughout the current generation and those to come.

The Constitution of Ireland is reputable of being rigid because it is amendable only by a popular referendum.  Since its establishment in 1937 it has been amended 27 times from 1939 where the first amending act passed until 2004 for the last amending act. (Constitution of Ireland: Amending acts, pp iv-xiii).

With light of the Constitution amendments frequency it appears that Bunreacht Na hÉireann is difficult to amend.

“The more difficult it is to amend the Constitution, the more rigid it is” (Andrei Marmor: Interpretation and Legal Theory, Chap. 9, p141)

The Constitution of Ireland satisfies to moral content and generality in fact that it has set up a separation of powers. The Executive, the Legislation and the Judiciary represent the 3 main organs of the Republic. These tripartite organs function on basis of autonomy which creates stability and good working of the state apparatus. Also, human and civil rights of citizens are respected as stipulated in articles 44-45 of the Constitution.

And finally, the Constitution of Ireland is a written Constitution, different from the British Constitution which is unwritten. Under that written shape the Constitution of Ireland is available to every citizen for consultation; its accessibility is made easier by the fact that it has been written in both languages: English and Irish.

The simplest definition of canon law is the church law. In the beginning it was composed of a numbers of canons, but later on it was assorted by the late medieval era. Generally speaking, Canon law subsists away from the state law and does not possess the force of law. Nevertheless, in some cases legal dispositions in relation to marriage law have been formulated as their canon law corresponding. (Raymond Byrne & McCutcheon: Irish Legal System: Sources of Law, p7).

Ireland is a country of strong belief in Catholicism. Its traditions reflect that. Obviously, the law of the church had to be involved in the governance of the nation and restore order when the law it is breached.  This involvement of the church law is clearly stated in the Preamble of Bunreacht Na hÉireann:

[In the Name of Most Holy Trinity, from Whom is all authority and to whom, as our final end, all actions f both of men and states must be referred, we the people of Éire, humbly acknowledging all our obligations to our Divine Lord, Jesus Christ, who sustained our fathers through centuries of trial……..]

The Custom law served as law prior the implementation of the England common law in Ireland. Both laws co-existed for centuries until the beginning of the 17^th Century, where Custom was absorbed by Common Law. Even though it was absorbed, custom law was granted recognition by the common law and kept on playing its part. Also custom has to fulfil certain criteria such as being certain, reasonable and continuous in order to obtain legal power. Furthermore, its field of action and existence was subject to restrictions. (Byrne & Mccutcheon: Irish Legal System: Sources of Law, p7). 

Custom Law played a considerable role in establishing justice between Irish Native in conflict. Its incorporation in common law of that time has arguably to be considered as a means used by the Settlers to have full control of whole nation: geographically and legally.

Conclusion

The examination of Superior and Inferior selected sources of law within Irish Legal System throughout this essay has demonstrated that the Irish Laws emanate from diverse origins which have particular historical backgrounds; vital features; and occupy a specific place in Irish Law. The judicial ingredients produced by these sources make the Irish Legal System one of the well established and structured legal systems at the present time. 

Law of Contract 1st Assignment ( 1 BA legal Science)

1^st BA Contract Assignment 2008

Penelope places an advertisement in the Galway Advertiser stating that she wishes to let out commercial premises in the city centre. Anna, who is based in Dublin, sees the advertisement and enters negotiations for the lease. These negotiations take place by means of fax and telephone.

Penelope eventually sends a fax setting out all her terms. Anna replies by fax, agreeing to all the terms and stating that the premises must be redecorated at Penelope’s expense before she moves in. She ends with the words “there is no need to contact me”. Penelope replies by letter, saying that she will be happy to redecorate.

Due to a partial strike by postal workers, the letter does not reach Anna until five days after it was posted. In the meantime, Anna finds cheaper premises in Galway and sends a fax to Penelope telling her that she will not be leasing her property. Penelope believes that she has a contract with Anna and wishes to sue her for breaching it.

Advise Penelope.

The issues which arise in this problem are invitation to treat, counter-offer, and acceptance of a counter-offer, intention to enter legal relations, rejection and the postal-rule. An offer may be defined as a clear, unambiguous statement of the terms upon which the offeror is prepared to contract should the offeree decide to accept. Conversely, statements of terms which do not purport the implementation of a valid contract in case they were agreed to the offeree are called “an invitation to treat”.

An invitation to treat is an expression of willingness to embark on negotiations with the other party to see whether agreement can be reached.

A couple of situations have been considered as an invitation to treat over the years. Notably, the display of goods in a shop window Gibson v Manchester City Council and Fisher v. Bell; the display of goods in a self service shop in Pharmaceutical Society v. Boots Cash Chemists and R. v. Dawood; the advertisements seen in Wilson v. Belfast Corporation and Grainger & Sons v. Gough. In this later, a supply of catalogue for different types of wines by a wine trade was not considered to be an offer.

The general principle regarding advertisements is that they constitute purely an invitation to treat and cannot be held as an offer. This was demonstrated in Wilson v. Belfast Corporation. The same outcome was reserved to the litigant in Partridge v. Crittenden. Nonetheless, some exceptional cases related to advertisements amounted as an offer correspondingly in Carlill v Carbolic Smoke ball and Billings v. Arnott.

Also, auctions and applications for tenders have been viewed as an invitation to treat. This was established in Harris v. Nickerson. Moreover, in Tully v. Irish Land Commission, goods had to be sold without reserve; this represented a mixture of an invitation to treat and an offer. Similarly to auctions, applications for tenders have been treated as invitation to treat in Boyers & Co. v. Duke and Harvey v. Facey.

In general social, domestic and family agreements do not intent to create legal contract; except if it is explicitly defined. This is demonstrated in Smith v. Huges, Balfour v. Balfour and Merritt v. Merritt. Nonetheless, parties engaged to an agreement with a commercial business create legal relations unless the contrary. As in Rose & Crompton and  Edwards v. Skyways. In this later, the defendant claimed that the use of the term ``ex-gratia'' understood that it was not intended to create legal relations. But, the court decided that this was insufficient argument to refute the assumption that commercial transactions are contractual. 

A counter-offer is a response to an offer, made to the offeror by the offeree, which seeks either to introduce a new term or to vary an existing term of the offer. The effect of a counter-offer is to extinguish the original offer and the counteroffer then becomes the communication that is capable of acceptance. This was confirmed in Jones v. Daniel and Swan v. Miller. It is vital to note that a counteroffer can be accepted in case of request of information as seen in Stevenson v McLean; 

Acceptance as a general rule must be communicated to the party making the offer by the party accepting the offer. An acceptance is effective from the moment it is communicated and reaches the offeror. This has been seen in Entorses v. Miller Far East Corporation. However, there are exceptions whether the proper means of communicating acceptance is by post and performance of some acts. The acceptance is valid when the letter is posted. In Kelly v. Cruise Catering Ltd, a valid contract of employment took place at the moment Kelly who lived in Dublin posted his letter of contract acceptance to the company which recruited in Norway. In case of unilateral: Carlill and Billings, communication of acceptance was consumed by act and performance.  The mode of communication plays a crucial role in acceptance of an offer as seen in Quener Cluain v. Cole. The mode of communication prescribed should be respected by both parties doing otherwise renders the act invalid. This is seen in Eliason v Henshaw and Tinn v. Hoffmann& Co.

Rejection is one of the ways by which an offer can be terminated. The freedom of contract dispositions give rights to every offeree to reject an offer at any time prior its acceptance.

An acceptance by Post brings in operation the “postal rule” which provide that a contract exits when the letter of acceptance is posted not when it reaches the offeror. In Sanderson v. Cunningham as the contract was not concluded in Ireland the claim failed. The Irish court of appeal held that the contract concluded by posting it in London.  Also in Dooley v. Egan.  Postal rule does not apply during a strike by postal workers and in the case of revocation.

Penelope’s advertisement in the Galway Advertiser constitutes an invitation to treat. 

Nothing clear and specific is mentioned at this stage purporting this invitation to treat to be considered as an offer. Anna who lives in Dublin enters bargain with Penelope for the lease of the property using fax and telephone as methods of communication.  In response to the offer, Anna agrees to all terms of the lease but adds news terms in fax message: an obligation for the redecoration of the premise on Penelope’s expense before she moves in.” This is a counteroffer which destroys the initial offer. The plaintiff and the defendant are engaged in a commercial agreement. Therefore, there is presumption to create legal relations, which has not been rebutted, as terms for a lease sent by the plaintiff were agreed by the defendant. Defendant words “No need to contact me” are beside the point and cannot dismiss the contractual aspect of commercial deals. Penelope accepts the counteroffer and communicated to Anna in a letter by post. In general rule, once an acceptance is made it has to be communicated to the other party. Furthermore, an acceptance is effective at the moment it reaches the party who makes the offer. At this stage Anna did not receive any valid acceptance from Penelope; therefore she was under no obligation to terminate the offer by rejection at any time. She communicated to Penelope by fax stating that she will no longer leasing her premises even though communication does not apply on termination of an offer. 

It is unclear whether or not there were any prescribed methods of communication of an acceptance. Nonetheless, it is mentioned in this case that negotiations were made through Fax and Telephone. By using post instead of Fax and Telephone considered in this case as instantaneous means of communication, Penelope‘s acceptance of Anna’s counter offer can be seen as invalid as she accepted it by another method.

Penelope’s letter of acceptance reached Anna five days after it has been posted due to a partial strike of postal workers. In the normal situation, Penelope’s letter of acceptance would be completed at the moment she posted it by applying the postal rule. This would make it a valuable acceptance. However, as Penelope’s was sent during a partial strike of postal workers, the postal rule does not apply. As a result, there was no valid acceptance from Penelope and Anna was not legally bound with Penelope offer. In this respect there was no completed contract and no breach of contract.

In summary, the resolution in this case depends on two elements: the acceptance of a counteroffer and the application of the postal rule.

If Penelope’s acceptance of Anna’s counteroffer is effective and valid; the initial offer made by Penelope in which Anna agreed to all its terms by sending a fax, remains alive and a valid contract was completed at that moment. Anna’s termination of an offer by rejection communicated to Penelope by Fax would be considered as a repudiation of contract. If the court decides to treat likewise partial strike by postal workers and absolute strike, therefore the postal rule would not apply and Penelope’s acceptance of Anna’s counter-offer was not communicated to her, prior her decision to terminate the offer. Consequently, Anna’s was not lawfully bound by any contract terms. Her rejection of Penelope’s offer would not be considered as a violation of contract.

Topic: Can terrorist acts of violence be morally justified? Discuss with reference to Ted Honderich’s concept of “Terrorism

Terrorist acts of violence express the existence of Terrorism network. For decades, these acts have been perpetrated under suicide or state terrorism shape. Therefore, they should not be perceived as a new phenomenon. Nonetheless, since the September 11^th terrorist attacks in 2001 the word terrorism has been amplified and become one of the most sensible to listen to. Terrorist acts of aggression engender multiple effects towards the victims and the witnesses. Surprisingly, they serve as an act of achievement acknowledged in perpetrator’s side. In this situation where it seems to be difficult to comprehend who is wrong and who is right, it is of necessity to call upon philosophical theories in order to establish the truth and particularly the moral justification of terrorist acts of violence.  For this reason, this essay refers to the principle of “Terrorism for humanity as portrayed by Ted Honderich. This paper is subdivided in three main parts. The first part focuses primarily on the general spectrum of information on terrorism and violence including terminology definitions, today’s main terrorists’ organisations, recent terrorists attacks in particular the 11 September 2001 on US soil, Gaza and Israel started at the end of 2008 and early this year. Next point to look at would be the consequences of violent terrorists’ attacks especially in countries where those attacks have been carried out and what was the response in term of reprisal and justification.  And finally, Ted Honderich’s principle of “Terrorism for Humanity” will be considered.

In the simplest term terrorism can be defined as

A use of physical force that injures, damages, violates or destroys people or things, with a political and social intention, and whether or not intended to cause fear to people in general, and raising a question of its moral justification-either illegal violence within a society or violence between states and society not according to international law, and smaller-scale than war. (Honderich, 2003,p15).

Two main types of terrorism exist. Suicide terrorism and state terrorism. The first type practices are conducted by members of fundamentalists’ organisation in particular Muslims extremists. In philosophical point of view, terrorists can be viewed as ontologists; they act according to their belief and give less value to human being. The second one: state terrorism aims to the maintenance of power by those who rule. For example, fear against communist spreading out lead US in committing acts of violence in numerous countries around the world. (Barker, 2000, pp81-84). Surprisingly, state acts of violence have moral justification.

There are several terrorist organisations such as ETA in

Spain

, IRA in North Ireland, Japan Red Army in

Japan

, however, merely Al Qaeda and Hamas are examined in this paper. Al Qaeda stands for Bin Laden, international terrorism organisation. It is made of militants who share the structure ideologies. Hamas can be viewed as a Muslim fundamentalist group operating in

Palestine

especially in

Gaza

strip and West bank. The organisation advocates fighting next to the Israeli occupation of their territory. These two groups use suicide to perpetrate acts of violence. Since its existence, Al Qaeda has committed several terrorist violence acts in

Africa

and elsewhere. Nonetheless, the September 11^th ones in 2001 on the

United States

soil has been remarkable due to massive loss of life caused and the status of the victim nation.

McCann (2006) argues that on reprisal to the attacks the USA Patriot Act 2001 was enacted and implemented. War on terror was therefore declared. The deployment of Americans soldiers in

Afghanistan

in 2001 and the

Iraq

invasion in 2003 followed.  The retaliation by the

US

provoked the killing of innocent civilians and change of governments in both countries:

Afghanistan

and

Iraq

. The

US

reprisal was considered justified regardless lack of proportionality.

Palestine

and

Israel

have a long history of conflict. Since then, a lot of civilians have been killed in both sides with destruction of infrastructure mostly in account of

Palestine

. The recent

Israel

military campaign last year and early 2009 received full media coverage. On Thursday, March 26, 2009 the Irish Independent Newspaper carried out an article with title “

Israel

admits killing 189 children in

Gaza

”. It was reported in the item that after the three-week counter attack against Palestinian, the Israeli Army Forces revealed 1370 Palestinians killed including 189 children and civilians. Moreover, Human Rights Watch discovered that

Israel

used white phosphorous during its reprisal and therefore in breach on humanitarian law. (Dina Kraft and David Blair: 2009). Another item delivered in the same Irish independent on Monday March 2^nd 2009, titled” Martin announces € 2m in reconstruction aid for

Gaza

”. The two first paragraphs state the Foreign Affairs Minister revealed Aid from Irish government to sustain the reconstruction of

Gaza

strip. The newspaper added that Mr. Martin will participate in a conference in

Egypt

where billions will be raised to back the project purporting

Gaza

rebuilding. (2009). 

Dershowitz (2002) discusses that a total of 73 Palestinian terrorists acts have been perpetrated in different countries of the world from July 22, 1968 to September 4, 1997. Furthermore, Palestinians have received 33 benefits from several organisations, states and religious figures such as United Nations Organisation, Presidents of USA and the Popes. The search was conducted from December 10, 1997 to March 22, 2000.

As a consequentialist, Ted Honderich points out, that terrorism in all its form affects, the vulnerable individual depraving this later from the basic natural rights which are: life, freedom and access to property as John Lock predicted. Furthermore, he states that, the terrorism for humanity goes against the principal of humanity. The killing of innocent by acts of violence in all its kind makes it difficult for the innocent to prosper and have a decent life. Zionism and new Zionism against Palestinians perpetrated by Israelis undervalue their lives and imprison them in their own land. This leaves Palestinians with no other alternative than to use terrorist acts of violence. Due to

Israel

occupation and the denial of Palestinian rights of their nation, considered by Ted as a humiliation, Palestinian terrorism is justified and not morally wrong. Notwithstanding, Israeli terrorism is not justified and morally wrong.

O’Murchadha (2006) points out that, when dealing with violence the philosophical approach must consider the three following elements: perpetrator, victim, and witness. These three representations are not dissociable in terms of moral accountability. The perpetrator is liable for causing harm, physical or psychological to the victim. The victim is attacked because there can be a direct or indirect relationship with the aggressor. The witness shares the guiltiness because of not doing anything to prevent or condemn acts of violence.

In the light of all arguments and counter-arguments on terrorism mentioned throughout this paper, it seems plausible to state that terrorists’ attacks are morally wrong because they kill innocents’ people, destroy their homes, businesses; affect their lives and health in present and future time. Furthermore, their acts bring terror and fear, destabilise institutions and governmental policies. As a matter of fact, any state or government around the world has moral obligation to protect its citizens and territorial integrity. Once, these prerogatives have been breached it is of duty to use self-defence rights. However, perpetrators’ acts are arguably justified as they have reasonable grounds which explain their actions, though refused for acceptance by the victims. Any country in the world will struggle to condone the occupation of its territory. In fact it would constitute a call for war. Palestinians and particularly Hamas perpetrate suicide terrorism against

Israel

in claiming to defend the land of their ancestors. Therefore, their suicide terrorism is morally justified.

This essay has considered violence terrorist attacks and the moral aspect of it by applying Ted Honderich’s principle of “Terrorism of Humanity”. The concept of the word terrorism is difficult to define, therefore it renders the conflict without resolution as the perpetrators and the victims have different grounds of reasons justifying their positions. The witness brought into the circle of violence left confused and undecided. But by applying, the principal of humanity according Ted the issue gets clarification on how to apprehend and understand it. The recognition of reasons of terrorists’ violence attacks by the victim and the respect of human values by the perpetrator and the impartial judgement of the witness might put and an end to this conflict and save innocent lives.