Year

2024

Degree Name

Doctor of Philosophy

Department

School of Law

Abstract

The law has always seemed to be something apart. Something untouchable, intimidating, powerful. Despite the tendency of the legal profession and academia to uphold this vision of the law, I have been lucky to have been introduced to the cultural life of law. The law is a living force that shapes culture and is shaped by culture. My personal experience living in Northern Ireland exposed me to not just one but two powerful, conflicting and sometimes even violent cultures. Thus, it seemed to be an interesting culture through which to explore the relationship between law and culture.

This thesis will uncover an Irish legality by considering the way that symbols of rebellion are embedded within Irish law. It will do this through qualitative, library-based research. This thesis will engage with rebellion and symbols of rebellion within Irish culture and reveal how these have found their way into the law. In particular, I will be looking at case law, primarily Moore v Minister for Arts, Heritage and the Gaeltacht [2016] IEHC 150 and Moore v Minister for Arts, Heritage and the Gaeltacht [2018] IECA 28, and Ireland’s two Constitutions, the Constitution of the Irish Free State (Saorstát Eireann) Act 1922 and the Bunreacht na hÉireann (Constitution of Ireland) 1937. Finally, I will be considering the implications of the retention of these symbols of rebellion within Irish law on Northern Ireland, considering ongoing sectarianism and the divisiveness of culture within the North.

This thesis concludes by outlining the ongoing risk of sectarian violence and division in Northern Ireland, particularly considering the risks that Brexit and the potential for Irish reunification pose to the peace process. Given these ongoing threats to peace, I contend that the pervasiveness of cultural stories and symbols within the law, particularly in sectarian societies, is worthy of further study.

FoR codes (2008)

1801 LAW, 180119 Law and Society, 180122 Legal Theory, Jurisprudence and Legal Interpretation

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Unless otherwise indicated, the views expressed in this thesis are those of the author and do not necessarily represent the views of the University of Wollongong.