Membership of the Society is open to anyone. Our Society includes members of the judiciary, practising lawyers, academic lawyers, historians, students and members of the general public.
The Irish Legal History Society examines, explores and engages with all issues relating to legal history on the island of Ireland, from earliest times to the present day. Founded in 1988, the Society holds two Discourses annually, as well as publishing scholarly works on a range of legal history subjects. On this website you can see our range of publications, you can find out about our recent and future events, as well as information about joining. We are proud to partner with Queen’s University Belfast to host the British Legal History Conference 2021.
We are delighted to announce the publication of 'Law and Revolution in Seventeenth-Century Ireland'. Edited by Dr Coleman Dennehy, this volume brings together a collection of essays arising from a conference held in 2014 in the House of Lords at the Bank of Ireland, Dublin.
The contributors to the volume are Andrew Carpenter, Stephen Carroll, John Cunningham, Coleman A. Dennehy, Neil Johnston, Colum Kenny, Neasa Malone, Aran McArdle, Bríd McGrath, Jess Velona, Philip Walsh and Jennifer Wells.
Copies will be distributed to members free of charge in the usual way once the Covid-19 restrictions are eased.
The book can also be purchased directly from Four Courts Press.
Electoral law in Ireland before 1641
Competing authorities: the clash of martial and common law in early seventeenth-century Ireland
'Necessarye to keepe order in Ireland': marital law and the 1641 rebellion
Henry Burnell's Landgartha: family, law and revolution on the Irish stage
The New English, the past, and the law in the 1640s: Sir William Parson's 'Examen Hiberniae'
Not every judge a phoenix: King's Inns under Cromwell
The Black Book of King's Inns, Dublin, 1649-63: an annotated, chronological and contextualized transcription
Taking war crimes law seriously in revolutionary Ireland: a legal analysis
Martin Blake of Ballyglunin, County Galway: from transplantation to restoration-a case study of land, law and estate protection
Appointments to the bench in early restoration Ireland
Coleman A. Denehy
Lawyers and the circulation of scurrilous verse in restoration Dublin
The speech of Sir Audley Mervyn, speaker of the house of commons, demanding reforms in the court of claims: a reinterpretation through the lens of legal history
Charles II's legal officers and the Irish restoration land settlement, 1660-5
The 2021 British Legal History Conference (BLHC)
Queen’s University, Belfast
7-10 July 2021
LAW AND CONSTITUTIONAL CHANGE
Abstracts are invited for the 2021 BRITISH LEGAL HISTORY CONFERENCE which is being run jointly with the IRISH LEGAL HISTORY SOCIETY and hosted by Queen’s University Belfast.
2021 will be a significant year in the “Decade of Centenaries” in Ireland, north and south, marking both the centenary of the opening in June 1921 of the Parliament of Northern Ireland, established under the Government of Ireland Act 1920, and the centenary of the signing of articles of agreement for the Anglo-Irish Treaty in December 1921, which led to the establishment of the Irish Free State. Against this background, BLHC 2021 will take place in partnership with the ILHS in Belfast.
While the conference theme – “Law and Constitutional Change” – has been chosen in the context outlined above, this is without any intention to restrict the scope of the conference papers to Anglo-Irish history. The theme will be interpreted in all its historical breadth, examining from any historical perspective the relationship between law and law-making on the one hand and, on the other, the shaping of constitutional principles and the disruption or maintenance of constitutional balance.
Please note the following rules:
- Abstracts must be for individual papers only, not for panels
- Only one abstract to be submitted per person
- Abstracts must be submitted as Microsoft Word documents using the online portal on the Call for
- Papers section of the conference website. Please do not submit by email.
- Abstracts must not exceed 500 words
- The deadline for submission of abstracts is Friday 30 August 2020
- Queries can be emailed to BLHCfirstname.lastname@example.org
- At the conference, individual oral presentations will last 15-20 minutes.
We hope to publish the programme on the conference website in October 2020. Details of plenary speakers will also appear there in due course.
Proposals from postgraduate and early career researchers are welcome.
Further information about travel to Belfast, accommodation, and so on, will be added to the conference website during 2020-2021: www.qub.ac.uk/sites/BLH-Conference-2021/
This, the second joint BLHC - ILHS conference, was proposed by Sir Anthony Hart, retired High Court judge, former president of ILHS and enthusiastic supporter of BLHCs, who died suddenly in July 2019. A poster competition is planned during the 2021 conference as a tribute to Tony. There will be two prizes, including one for the PGR/early career category. The prizes are generously funded by the Journal of Legal History and by the Irish Legal History Society. Details of the competition will be posted on the conference website.
The ILHS Spring Discourse 2020 has been cancelled due to Covid-19
We hope to re-schedule later in the year.
Mary Phelan, Irish Speakers, Interpreters and the Courts 1754-1921 (Four Courts Press 2019).
This book was launched by Ms Justice Úna Ní Raifeartaigh of the Court of Appeal at a reception at DCU on Tuesday 21 January 2020. The event was well-attended by academics from a number of disciplines including law, history, translation studies, Irish studies and linguistics.
Professor Dorothy Kenny from the DCU School of Applied Language and Intercultural Studies welcomed attendees and the interdisciplinary and ground-breaking nature of the research was highlighted by Professor Patrick Geoghegan, President of the Irish Legal History Society. Ms Justice Úna Ní Raifeartaigh spoke about the position of the Irish language in the State and in the courts, noting the continued relevance of a number of themes running through the book.
Dr Mary Phelan is a lecturer in the School of Applied Language and Intercultural Studies (SALIS) at DCU. She is the chairperson of the Irish Translators’ and Interpreters’ Association and her research is in the field of Translation Studies, particularly historical provision of court interpreters and contemporary provision of interpreters in courts, police stations, hospitals and other settings.
The book is available for purchase directly from Four Courts Press, and is supplied free of charge to all ILHS members.
In 2018 Dr Claudia Passarella from the University of Padua visited Dublin to conduct research into Irish judges and juries. This trip was funded by the Irish Legal History Society Post-Doctoral Bursary. Dr Passarella was able to access a range of legal and historical sources during her stay in Dublin, at UCD Special Collections, Trinity College Early Printed Books, the National Library of Ireland and the National Archives of Ireland.
This research was ultimately published in 2019 in the international peer-reviewed journal Comparative Legal History as "The juries’ wisdom in the administration of criminal justice: Irish jurisdiction and the Italian justice system in the late nineteenth and early twentieth centuries.
This article aims to investigate the relationship between professional judges and laypersons in criminal matters, with special reference to the decision-making procedure performed by the Irish system and the Italian system in the late nineteenth and early twentieth centuries. The paper focuses on judges’ and jurors’ duties both before and after the verdict. This field of research provides context for a careful consideration on some fundamental issues, such as the judges’ charges and their influence over the jury, the principle of reasonable doubt, the distinction between unanimous verdicts and verdicts by majority vote, and the consequences of a disagreement among jurors. A comparative approach reveals how two European countries with a distinctive legal tradition faced the same problems by adopting different solutions.
Dr Pasarella's other publications, in both English and Italian, can be viewed here: https://unipd.academia.edu/claudiapassarella
The Society is excited to announce that the 2021 British Legal History Conference will be coming to Belfast for the first time.
The conference will take place at Queen's University in July 2021. Further details and a call for papers will be published in due course.
For general information about travelling to and staying in Belfast, see www.visitbelfast.com
Our 2019 Winter Discourse takes place this Friday 6 December. Professor Richard English will deliver a paper entitled Legacies of the Irish Revolution: Ernie O'Malley and the IRA.
The Discourse begins at 6 pm in the Upper Bar Library, Royal Courts of Justice. All welcome.
Richard English is Professor of Politics at Queen's University Belfast, where he is also Distinguished Professorial Fellow in the Senator George J. Mitchell Institute for Global Peace, Security and Justice. Professor English's research focuses on the politics and history of nationalism, political violence, and terrorism, with a particular focus on Ireland and Britain. His books include Does Terrorism Work? A History (OUP, 2016), Modern War: A Very Short Introduction (OUP, 2013), Terrorism: How to Respond (OUP, 2009), Irish Freedom: The History of Nationalism in Ireland (Pan Macmillan, 2006), Armed Struggle: The History of the IRA (Pan Macmillan, 2003), Ernie O'Malley: IRA Intellectual (OUP, 1998), and Radicals and the Republic: Socialist Republicanism in the Irish Free State 1925-1937 (OUP, 1994). He is a Fellow of the British Academy, a Member of the Royal Irish Academy, a Fellow of the Royal Society of Edinburgh, a Fellow of the Royal Historical Society, an Honorary Fellow of Keble College Oxford, and an Honorary Professor at the University of St Andrews. Professor English has given invited Lectures on his research in more than twenty countries. In 2018 he was awarded a CBE for services to the understanding of modern day terrorism and political history.
The Irish Legal History Society was deeply saddened to hear of the death of our friend, colleague and former President, Sir Anthony Hart.
Sir Anthony was a founder member and one of the first two Vice-Presidents of the Irish Legal History Society. He served as President from 1991 to 1994, during which period he invested much time and attention in widening the membership of the Society, not least in the United States of America. His service to the Council of the Society continued unbroken until his death. His contribution to the development of the Society was wise, unassuming, influential, and sustained. Through his membership of the Selden Society and his regular attendance at the British Legal History Conferences, he was an enthusiastic source of encouragement to many young legal historians and won many friends for the Irish Legal History Society.
Sir Anthony was awarded the Gold Medal of the Society in 2012 for his outstanding contribution to legal scholarship. The author of A History of the King’s Serjeants at Law in Ireland (2000), and A History of the Bar and Inn of Court of Northern Ireland (2013) he also published papers in the Northern Ireland Legal Quarterly and in two volumes in the Society’s collected discourses series.
Throughout his career, his commitment to historical research and to reconciliation was inspiring. In the days to come many tributes will be paid to him for his career as a lawyer and his legacy as a judge as well as his work chairing the Historical Institutional Abuse Inquiry in Northern Ireland. At this tragic time, the Society wishes to pay its own tribute to his considerable contribution to the scholarship of legal history and its appreciation across Ireland.
The British Legal History Conference was hosted at St Andrews, Scotland, from 10-13 July 2019. The conference theme was Comparative Legal History.
As always, there was a strong Irish presence among both the papers and the delegates.
Full details about the programme are available here
Recent issues of the Law and History Review have included articles on aspects of Irish Legal History:
- Lynsey Black, “On the other hand the accused is a woman…”: Women and the Death Penalty in Post-Independence Ireland' (2018) 36(1) Law and History Review 139-172 (available here)
- Ciara Molloy, 'The Failure of Feminism? Rape Law Reform in the Republic of Ireland, 1980–2017' (2018) 36(4) Law and History Review 689-71 (available here)
Law and History Review is one of America's leading legal history journals, encompasses American, European, and ancient legal history issues.
January 2019 saw the launch of Patrick Hyde Kelly's edition of William Molyneux’s The Case of Ireland’s Being Bound by Acts of Parliament in England, Stated.
Regarded as the most celebrated Irish political pamphlet published before 1801, William Molyneux’s Case of Ireland, stated (1698) was written to demonstrate that English statutes did not have force in Ireland until they had been re-enacted by the Irish parliament.
The book was launched at Iveagh House on Friday 25 January by Professor Ian MacBride.
The book is available for purchase from Four Courts Press, and is free to members of the Society.
2019 marks the centenary of the Sex Disqualification (Removal) Act 1919 which facilitated access to the legal profession for women.
Dr Judith Bourne, ambassador for the First 100 Years Project, spoke at Queen's University Belfast on 8 March to reflect on this historic change and explore the story of Helena Normanton, the first woman to practice as a barrister in England. Normanton was the first woman to be admitted to an Inn of Court after the passing of the Sex Disqualification (Removal) Act 1919 and was called to the Bar in 1922. Normanton would go on to be one of two first women King's Counsels and one of the few women to maintain a practice at the bar at this time.
Dr Bourne is a Senior Lecturer at St Mary's University, Twickenham.