Welcome to the Irish Legal History Society

Announcement of the ILHS Student Essay Prize Winners – 2024

In 2021, the Irish Legal History Society announced its inaugural student essay competition. This initiative celebrates the rich legal history scholarship being carried out by students in Ireland and around the world.

The Society invited all students, undergraduate and postgraduate, to submit essays on the topic of Irish legal history.

In the third year of the competition, we again received a fantastic response from students! In light of the quality of the submissions, and in addition to a postgraduate and an undergraduate winner, the judging committee decided to also note a special commendation.

The prizes will be awarded at an upcoming ILHS event where we look forward to officially congratulating the winners!

ILHS Essay Prize Undergraduate Winner 2024

Noah Williams, ‘Nationalism, Homophobia, and a Victorian Dublin Subculture’

ILHS Essay Prize Postgraduate Winner 2024

Kerri Armstrong, ‘Drunk, Deviant and Disgraced: Women and Crime in Late Nineteenth Century Belfast’

Special Commendation

Caoimhín Jiao, ‘Burial Rite & Right Dispute, A Grave Concern in 19th century Ireland’

Q&A with the Winners

We asked Noah, Kerri and Caoimhín to tell us a bit about themselves and talk about their winning essays.

Noah Williams, ‘Nationalism, Homophobia, and a Victorian Dublin Subculture’

What is your essay about?

My essay discusses the United Ireland scandal. In this scandal, the United Ireland newspaper published stories exposing an underground homosexual ring amongst those who they purported to be representatives of British rule in Ireland. They did this in an effort to undermine British moral authority in Ireland and put forward the idea that Irish purity could only be maintained through Irish rule. The essay details the civil and criminal trials which resulted from the original publication of the articles and their legal issues. Further, it looks at the United Ireland scandal as a case study on the weaponisation of homophobia and the law in furtherance of the nationalist cause. It highlights the homosexual Victorian Dublin subculture which was uncovered as a result of the scandal, which I posit illustrates a different side to Dublin during that time, showing that a seemingly close-knit community and rich subculture existed. However, it also argues that this community cannot be seen in a wholly positive light. Although all those exposed by the articles were undoubtedly victims of homophobia, some members of the community took advantage of the forced underground nature of the community and their victims inability to access judicial recourse, sexually abusing other members of the community. In this regard, the essay argues, Victorian Dublin upholds its reputation as dour and miserable for many. An expanded version of this essay was published in the 24th volume of the UCD Law Review, which was officially launched on the 28th of November 2024.

How did you come to write the essay?

The essay started off as a research assignment in the History of Public Law module taught by Dr Kevin Costello and Dr Thomas Mohr in UCD, which I maintain has been the most enjoyable module that I have done in my academic career. I had never originally heard of the scandal, and when we were given a list of topics to choose from, I looked into the scandal and it caught my attention straight away as an inherently interesting part of Irish history that I wanted to learn more about, and I was also surprised that I had never heard of it before.

What are you doing you now?

I am currently in my fourth and final year in UCD studying Law. I plan in the future to do the Barrister-at-law degree in the Kings-Inns and practise at the bar. However, more immediately, I am looking at either doing a masters next year, or preferably working as a judicial assistant before I sit the Kings-Inns entrance exams.

Kerri Armstrong, ‘Drunk, Deviant and Disgraced: Women and Crime in Late Nineteenth Century Belfast’

Could you tell us a bit about yourself and your research?

I am a second year PhD student at the University of Northumbria examining the lives of female offenders in the North Eastern region of England to explore the nature of the relationship between crime and the wider female lifecycle.  Belfast’s history has often focused heavily on religion and politics, meaning that the history of female crime and what it can reveal about wider society has been vastly underexplored. Determined to examine women’s stories and experiences and reinstate their place in history, my interests focus on the complicated relationship between crime and the female experience before and outside of prison. I wrote this essay to explore this relationship and in doing so, exposed the female agency that existed in their survival strategies.

What was your essay about?

This essay conducts an examination of the relationship between women and their convicted crimes through the analysis of a data sample of 600 women recorded in the Belfast Prison Registers 1886 – 1891, providing an overview of crime patterns and determining the socio-economic status of the sample through the use of diet metrics to consider how a post- Famine and industrialised Belfast contributed to the commitment of female crime. The prison registers provide a wealth of information on each individual prisoner which provides an insight into Belfast’s female population and the harsh realities of an urban economy.

Caoimhín Jiao, ‘Burial Rite & Right Dispute, A Grave Concern in 19th century Ireland’

Tell us about your essay?

Although the more severe forms of penal law had ceased to be effective by the early 1800s, religious animosity was still prevalent in certain sectors of the society. For example, In September 1823, a Protestant sexton insisted that the catholic funeral rite not be performed in a graveyard adjacent to a protestant church, referencing an Act of Parliament.

The burial dispute escalated in subsequent months and reached a point of political crisis before the authorities decided that legislative intervention was now required. Perhaps disappointingly, inherent conflicts and ambiguities that existed on the statute books gave rise to difficulties as parliamentarians struggled to reach an agreement.

The focus of my analysis is the legal and political background of the Easement of Burial Act 1824 enacted in response to the burial rite&right crisis. A decision hailed as a “Charter of toleration for Catholics” by the Attorney General William Plunkett yet criticised by O Connell as resting on limited understanding and bigotry instead of on an informed insight.

I also examine public perception of the law as well as legal development post-Catholic Emancipation.

Why did you write the essay?

As the decade of centenary is coming to a close, the demi-decade of bi-centenaries (proposed by Prof. Patrick Geoghegan earlier this year at his Daniel O’ Connell commemorative lecture in Glasnevin Cemetery) provides a renewed opportunity to reflect on key historical figures and developments.

After my arrival in Ireland I became an admirer of O’ Connell for the way he defended the helpless both in the legal and in the political arena. His campaign, which led to the first non-denominational cemetery in Ireland since the Reformation underscores his commitment to moral campaigning for the freedom of conscience, an aspect of O Connell’s legacy I am keen to explore. Researching for this essay in anticipation of the demi-decade of bicentenaries helped me to understand the legal background/environment of those key developments.

Yet another source of inspiration was a module on Irish Legal History in my Alma Mater UCD which I found thoroughly enjoyable. The module was delivered by Prof. Thomas Mohr and Prof. Kevin Costello and I am very grateful for their encouragement and support.

Where are you now?

In September this year I graduated from UCD with a degree of Masters in Common Law (MCL). Since then I have been working for Excel Industries Ltd. a company involved in the distribution of heating and plumbing products. In the meanwhile I am preparing for the King’s Inns Entrance exam in the hope of practicing as a barrister in the future. My hobbies include farming, sea kayaking, playing tin whistle at trad-sessions, and taking walks in Glasnevin Cemetery where I meet interesting people both dead and alive.

The Court of Appeal in Northern Ireland, written jointly by Dr Conor McCormick and Professor Brice Dickson, was launched in the Inn of Court of Northern Ireland at the Royal Courts of Justice Belfast on Monday 18^th November by the Lady Chief Justice Dame Siobhan Keegan and Sir Donnell Deeny, a retired judge of the Court of Appeal.

Dr Conor McCormick in introducing the evening outlined the genesis of the volume stemming from initial research for a paper on the work of the Court of Appeal in Northern Ireland, delivered at UCD to mark the 10^th Anniversary of the Court of Appeal in Ireland.  He and Professor Dickson had then expanded their work to cover the first 100 years of the Northern Ireland Court

Their book is a volume in the ‘Bristol Shorts Research’ Series from Bristol University Press.  It provides a comprehensive account and description of the work of the Court since its inception but predominantly over the last 25 years.  In her remarks, the Lady Chief Justice complimented the authors on their endeavours and noted how the volume would provide a more permanent record than press reports and would better inform those reporting on the work of the court.

The Lady Chief Justice highlighted many topics addressed by the authors.  She noted particularly how the work of the Court paralleled developments in society and that the Court of Appeal is now a supervising body for regulatory and other tribunals in addition to its role in respect the High and lower courts.  This work requires that the members of the court keep abreast of those developments in Society with ever wider knowledge.  She also highlighted the development of Constitutional Law over the last 25 years.

Sir Donnell Deeny in commending the volume spoke from his experience as a retired judge of the Court.  He said the book would provide answers to points of practice which will be of value to new practitioners and experienced advocates.  He noted how the authors examined the High Court for (All) Ireland, established under the Government of Ireland Act 1920 but swept away in consequence of the Treaty of December 1921.  Sir Donnell also provided an interesting analysis of the record of those sitting on the court including the outcome of appeals to the House of Lords and the Supreme Court of the United Kingdom.

Professor Dickson concluded the proceedings by outlining the contents of the volume and its methodology which, with its useful appendices and index, runs to 186 pages.  He concluded by thanking those who had supported their research and assisted with its publication.

The Annual General Meeting of the Society will be followed by the Presidential Address.

The President of the Society, John G Gordon DL, will give a paper entitled

‘Where there’s a Will there’s a Contest’. The Will of the Very Rev. Frank Henry PP: from Carrickfergus to Rome

Friday, 29 November 2024
AGM at 5.30; Lecture at 6.30

Robert Emmet Theatre, Arts Block, Trinity College Dublin, Dublin 2

Attendance is free, but registration is necessary
Register HERE to be taken to the Eventbrite booking page.

The President and Council of the Irish Legal History Society were deeply saddened at the passing of our former fellow Council member and friend, The Hon. Mr Hugh Geoghegan. A retired member of the Supreme Court, he passed away on Sunday, 7 July 2024.

He was a stalwart of the Society since its inception and a great supporter of its work. Amongst his many contributions to the law and legal studies, in the Society volume Lawyers, the Law and History (ed. Larkin & Dawson) he contributed 'The three judges of the Supreme Court of the Irish Free State, 1925-36: the backgrounds, personalities and mindsets'.

The Sir Anthony Hart Doctoral Paper Prize at the British Legal History Conference 2024 was awarded to Ms Rhiannon Ogden-Jones.

The standard of papers delivered by students at the conference was very high which made the judges decision very difficult. Ms Ogden-Jones is a DPhil candidate at Oxford and her paper was entitled "Insiders and Outsiders in creating national parks: the evolution of the National Parks and Access to the Countryside Act 1949".

This excellent paper traced the legal history of this piece of legislation and brought together a wide range of sources, challenging assumptions that this was a post-war initiative. She had a solid grasp of comparative international developments of national parks (including on the island of Ireland) and addressed issues of land law, land use, landscape, environmental law, nationalism, and local and administrative law. She made use of a range of archival sources.

She was presented with her prize at the Conference Dinner on Friday evening in the Bristol Museum by Dr Niamh Howlin on behalf of the Irish Legal History Society.
The judging panel was made of up Dr Niamh Howlin (UCD, chair), Dr Andrew Bell (Bristol), Dr Kevin Costello (UCD), Dr Coleman A. Dennehy (DkIT).

(L-R: Prof. Gwen Seabourne, Ms Rhiannon Ogden-Jones; Dr Joanna McCunn, Dr Niamh Howlin)

The Irish Legal History Society is pleased to partner with University College Dublin and the Courts Service to mark the centenary of the Courts of Justice Act 1924. This Act was signed into law on 12 April 1924, and was one of the most significant pieces of legislation passed in the Free State.

The centenary will be marked on 12 April 2024 by a special event at Dublin Castle, the venue of the first sittings of the new courts. The event includes talks, guided tours, an exhibition and a musical performance. Speakers at the conference include academics from across the island, as well as members of the judiciary.

Later in the year, a book of essays will be published by the Society in association with Four Courts Press.

A programme for the conference can be READ HERE.

The Irish Legal History Society Spring Discourse will take place at The Inn of Court, Royal Courts of Justice in Belfast, 6.30 on Friday, 19 April 2024.

The Discourse will be given by Sir Declan Morgan, PC.
The title of the lecture is:

‘Baron MacDermott:
Soldier, Sportsman, Statesman, and Chief Justice’.

Attendance is, as always, free, but advance registration is necessary.
Those wishing to attend should sign up, via Eventbrite, HERE

The Inn of Court
Royal Courts of Justice
Chichester Street
Belfast

Society council member, Mark Tottenham BL (with Peter Leonard BL) received an award for 'Outstanding Legal Podcast' by the Dublin Solicitors Bar Association.

Presented by Attorney General Rossa Fanning and DSBA President Matthew Kenny, the decision, the distinguished audience was told, was 'unanimous'.

Running since April 2022, the series has featured the most prominent legal minds from both practice and academia.

All episodes of the podcast can be found here

On a cold December evening in Belfast, members of the Society assembled in the beautiful Harbour Commissioners building near Belfast's docklands to hear about Irish women and girls who arrived in the ports of New York and Toronto in the late nineteenth and early twentieth century. Professor Elaine Farrell from Queen's University Belfast and Dr Leanne McCormick from Ulster University provided a lively and engaging lecture on their Bad Bridget project, which considers the criminalisation of Irish women and girls in North America. Unusually among migration patterns at the time, these women and girls tended to travel unaccompanied, and many of them were in their teens or even younger. They found themselves before the courts and populating the prisons in staggering numbers, for everything from drunkenness to sex work to murder, and at one stage represented over 80% of the population of women prisoners in these cities. The lecture addressed how these women were portrayed in court and in the press, examining issues of gender, Irishness and the performative nature of court proceedings.

Attendees included the two patrons of the Society, Chief Justice Donal O'Donnell and Lady Chief Justice Siobhan Keegan. There was a lively discussion after the discourse, and Dr Coleman Dennehy proposed a vote of thanks on behalf of the Society.

(L to R: Prof. Elaine Farrell, Mr John Gordon, DL, Dr Leanne McCormick, Dr Coleman Dennehy)

The Irish Legal History Society Winter Discourse & Annual General Meeting will take place in the Belfast Harbour Commissioners Office from 5.30 on Friday, 1 December 2023

The Discourse will be given by Prof. Elaine Farrell (Queen's, Belfast) & Dr Leanne McCormick (University of Ulster)
The title of the lecture is 'The trials of Bad Bridget'

Attendance is, as always, free, but advance registration is necessary.
Those wishing to attend should sign up, via Eventbrite, HERE

Belfast Harbour Commissioners Office
Corporation Square
Belfast BT1 3AL

5.30 Coffee and walk-around the building
6.00 Annual General Meeting
6.45 Winter Discourse