From key personal stakeholder to institutional outcast
Shane Kilcommins, Susan Leahy, Kathleen Moore Walsh, and Eimear Spain
principle of its organisation’ (Habermas, 2010 : 125), both of which helped to promote the sense of ‘civilized association’ and an ‘objectivated’ (Habermas, 2004 : 148) criminal process.
From being a cornerstone in the regulation of relations concerning the conflict, victims increasingly found their individual experiences (such a vital currency in the pursuit of justice in the pre-modernera) assimilated into general group will – the public interest. The latter was validated through the institutional architecture of a criminal justice system, whereas the former was
Comparative Study’, Arab Law Quarterly 2 (1991), 121 and Islamic Studies 30 (1991), 305.
7 See Khaled Abou El Fadl, Rebellion and Violence in Islamic Law (New York: Cambridge University Press, 2001).
8 During the formative period of Islamic law (the first three Islamic centuries or the seventh to the tenth centuries AD), the charge of apostasy was typically invoked in cases in which the authority of a state legitimated by religion was challenged by seditious conduct that included collective abdication of the Islamic faith. In the pre-modernera as a