Braes of Doune Wind Farm (Scotland) Ltd v Alfred McAlpine Business Services Ltd (2008)

The case Braes of Doune Wind Farm (Scotland) Limited v. Alfred McAlpine Business Services Limited relates to the decision of the arbitrator, Mr John Uff CBE QC and the enforceability of the clauses of the Engineering, Procurement and Construction (EPC) Contract between the Claimant, Braes of Doune Wind Farm (Scotland) Limited, the Defendant, Alfred McAlpine Business Services Limited, which provided for compensation for stoppage, and a second contractor, the Wind Turbine Contractor. The Defendant or the Contractor agreed to do the required work on 36 wind turbine generators (WTGs) located approximately 18 kilometers from Stirling in Scotland. The issues dealt in the case refer to the question of the nominated seat of the hearing and the authorized seat of arbitration. Arbitration was decided as the means of conflict settlement in case of any disagreement or quarrel between the parties.

The Claimant approached the Court of England for leave in opposition to the decision of the arbitrator, while the Defendant declared the Court of England had no right to consider the appeal as the designated place of arbitration was Scotland, and the Court of England and Wales had no right to consider the appeal application. However the Claimant counteracts by saying the English Courts were given exclusive jurisdiction by both parties to settle any quarrel stemming from the contract or any act that was against the Arbitration Act 1996. The Arbitration Rules, which are part of the Arbitration Act 1996, state that these rules will be relevant if arbitration is being held in England, Wales or Northern Ireland (CIMAR Rules 1.6b). These rules have clearly mentioned the powers of the arbitrator (CIMAR Rules 4.1, 4.2, 4.3) and by no means does it prohibit the legal rights of the court relating to the arbitration process (CIMAR Rules 1.7).  It was important for the EPC contract to have these rules laid down clearly so as to avoid any kind of ambiguity.

There are different laws that relate to an arbitration law of the contract that determine the parties rights, law agreed by both parties with respect to arbitration, designated seat of hearing and arbitration, orand law of arbitration itself. The rule applied here was Naviera Amazonica Peruana SA v Cia Internacional de Seguros del Peru HYPERLINK httpwww.lexisnexis.comaulegalsearchrunRemoteLink.doservicecitationlangcountryGBrisb21_T3649041361A0.024900372138448312linkInfoGB l LLOYDyear25198825page2511625vol25125sel225125sel125198825bctA t _top 1988 1 Lloyds Rep 116 which states the Law of England does not recognize the concept of a delocalized arbitration, every arbitration must have a seatwhich subjects its procedural rulesin case any party has not chosen the relevant lawactions will have to be set according to that countrys law where the process of arbitration is taking place(1 Lloyds Rep116,1988 p119) . In this case, the seat for the parties implied there must be a country that would control the arbitration. The Defendants representative argued that there was no ambiguity in this matter and the seat was Glasgow, Scotland.

However the court does have the right to consider any application by either of the parties as per the Arbitration Act 1996, Section 69. Reasons include the law of the country judicially controlling the arbitration England and Wales (courts) were given exclusive legal rights according to Clause 1.4.1 which suggests some sort of control, moreover even though arbitration was the sought method of dispute resolution, the parties under part b of Clause 1.4.1 agreed that the English Courts under jurisdiction could deal with disputes under their Law.

The case also states reference is considered to be a reference in case of arbitration as per the Arbitration Act 1996 (Act of Arbitration 1996, Clause 20.2.2). This confirms that the parties had agreed to a reference that had legal rights as according to the Act of Arbitration someone not having legal rights under arbitrational proceedings will not be termed as a reference. With respect to this it is clear the seat decided in case arbitration occurred was Glasgow, Scotland, however the law applied would that be of England and Wales, hence for the Scottish Courts it would be delocalized arbitration.

As for the application for leave to appeal is concerned, compensation due is rarely unenforceable, however under English Law if such compensation is under penalty it will not be enforceable (Dunlop Pneumatic Tyre Co. v New Garage and Motor Co, 1915 AC 79).

For this case the damage penalties were laid out in Clause 8.7 which mentioned penalties for delays with respect to the time taken to complete the contract starting from the issuance date and extension of time if delay caused due to another contractor on site. This had to be decided by the arbitrator who was well established and knowledgeable in the relevant field of construction. Previously a hearing had taken place on 5 December 2007 in Edinburgh about time extensions under the EPC Contract, the judgment of which doubted the arbitrators reliability. The Court can only grant leave against the arbitrators decision if the conditions mentioned in Section 69(3) of the Arbitration Act 1996 are met. The defendants representative argued that the subject raised through the claim was not a Question of Law as it was a question of the contracts formation however it is a question of law as both parties had legally made the law by entering into a contract.

The arbitrators decision is deemed to be right and convincing as the delays were caused by the Wind Turbine Contractor, and as there was no condition about partial achievement of the contract, the 36 WTGs had to be completed only after being connected with the Wind Turbine Contractors work which obviously was not complete and caused delays.

Given respect to the arbitrators experience and judgment, the Claimants appeal was discharged and the Defendant got the leave to implement the decision under Section 66(1).

Conclusion
This case illustrates a great example of arbitration and the different elements arbitration includes. A small error of not mentioning the exact seat of arbitration and the hearing of arbitration can cause huge misunderstandings and conflicts among the parties. It is therefore extremely important for the benefit of all parties under the contract to clearly mention the place of arbitration and the law that will be applied during hearing and any other information that is crucial to the contract. It is advisable that parties should specify a seat without any reference to other laws as that can cause unnecessary complexities.

Another important thing is to make sure the Act of Arbitration has been thoroughly read and understood. In this case also we saw the parties had not understood the clauses well and the distinction between the seat and hearing of arbitration was clearly mentioned in the Act of Arbitration 1996. The case therefore is a great example of how paying attention to minor details while formulating the contract can save the parties from complex situations and disputes.

Nicola vs. Ideal Image Development Corp

The case here being discussed is about Dr. George Nicola, his wife Dr. Miriam Nicola and their company George  Miriam Nicola Pty Ltd, versus Ideal Image Development Corp Inc (Ideal) and its officer Mr. Pace. The firm Ideal has been registered as a business in Florida. As per the Nicolas application, Ideal is primarily a franchisor of technologically advanced lasers for hair and skin removal, Botox application and injection therapy. Nicolas claims that on 1st September 2004, they signed an agreement to franchise the business operations of Ideal in Sydney as per the name Ideal Image.

Now the Nicolas complains that the terms and conditions of their agreement were violated by Ideal. The Nicolas claims that Ideal provided them with insufficient assistance and did not possess the quality and standards as agreed upon. Furthermore, Ideal did not have sufficient access to the intellectual property in Australia. Hence, the Nicolas claims that the franchising agreement done with Ideal lies void. And now Nicolas claim that they are entitled to restitution of franchise fees they paid to Ideal and are demanding for the damages they incurred as a result of the breach of contract by Ideal. This demand has been made under Section 52 of Trade Practices Act 1974 (Cth) and 51 AC of the Act. The Nicolas also seek to vary the agreement pursuant to the Independent Contractors Act 2006 (Cth).

Then on 3rd December 2008, the court granted on Ideals request granted permission to resolve this issue outside of jurisdiction and conditionally sought a permanent stay of proceedings. The stay was taken on basis of Arbitration, Enforcement of Foreign Arbitration Agreements and Governing Laws.

As per the franchisee agreement between the two parties any dispute which could not be settled amicably shall be resolved by referring to arbitration with reference from the Rules of the American Arbitration Association. However, as per the agreement both the parties agreed that no punitive damages shall be awarded in any arbitration. Furthermore, the arbitration proceedings shall be conducted by an impartial Arbitrator who must have been actively engaged in practice of law for past five years in Florida State.

The hearings for this arbitration process shall be conducted at Ideals principal place of business in Tampa, Florida. The Arbitrators award shall be final and judgment can be rendered in any court having the jurisdiction to do so. The expenses of hiring the Arbitrators and their fees charged shall be borne by the parties as the Arbitrator defines. The arbitrator shall not be able to extend, modify or suspend the terms of the agreement taken place between the parties in good faith.

Another matter related here is that of Enforcement of Foreign Arbitration agreements. On getting an application of any party to the agreement.  The court can issue an order to stay the proceedings if necessary can refer the parties to arbitration in respect of that matter. The third matter of concern to the Franchise agreement is with respect to the governing law. The governing law here shall be in accordance with the laws of State of Florida. But if any provision contravenes with laws of any state where this agreement has to be performed then that provision shall be modified to the extent necessary to conform to those laws.

Hence, consequently, by virtue of the first two matters Ideal submitted an application to the court that it is bound to stay the Nicolas proceedings. As per Ideals claims the Nicolas are bound by the exclusive jurisdiction of the law of Florida. And the current proceedings are an abuse of process which thus has to be stayed. Thus, the application gave rise to nine other issues.

The first issue was that the agreement clause was to be interpreted by an expert in accordance with the law of Florida. However, Nicolas objection was that such an experts evidence was inadmissible in this case. The second issue was to the proper construction of the cl 31(a) with respect to arbitration. The Nicolas denied Ideals application that their allegations met the description in cl 31(a). The third issue was to the proper characterization of the claims. The fourth issue was about the authority of the arbitrator. The Nicolas claimed that the effect of the cl 31(e) was to prevent the arbitrator from making any orders that would set aside the agreement itself. Ideal however denied that cl 31(e) had that effect.

The fifth issue was pertaining to the role of public policy. Nicolas submitted that the resolution of their proceedings raised important issues touching upon the public interest. They said that in foreign parts litigation was proving to be unsuitable for arbitration. The sixth issue was to the jurisdiction of the Courts of Florida. The Nicolas submitted that cl 40 was not being properly understood. The seventh issue was that Ideal denied that Nicolass claim that arbitrator was not to resolve this issue.

The eighth issue was the third applicant and the second respondents were nonparties to the agreement. The ninth issue was about mediation. Nicolas claim arbitration should not be done unless there was mediation as the arbitration clause. Ideal however replied that Nicolas had waived this point by commencing the present proceedings.

The first issue thus was to identify the content of the law of Florida. Here Ideal took assistance form Mr Michael Gerard Murphy Esquire. He is a law expert in Florida Bar since 1998. And is also the litigation partner with Greenberg Traurig which is a United States firm with more than 1,800 attorneys. His major area of practice is construction law which includes mediation as well. He has been a advocate of stay motions to induce arbitration and is recognizable with the top cases in Florida addressing the span of arbitration clause. Thus, as per Mr. Murphys opinion, the laws of the State of Florida apply here in this case and that nothing can stop an arbitrator from determining this issue. In accordance with the law of any directions by the parties involved.

But there are flaws in Mr. Murphys advice been given. He has identified the laws of state of Florida that are applicable. But he did not clarify their standing in the operations part. His opinion gets inadmissible if these cases are referred. Neilson v Overseas Projects Corporation of Victoria Ltd (2005) 223 CLR 331 at 371 120 per Gummow and Hayne JJ United States Trust Co of New York v Australia  New Zealand Banking Group Ltd (1995) 37 NSWLR 131 at 136 per Sheller JA Allstate Life Insurance Co v Australia  New Zealand Banking Group Ltd (No. 6) (1996) 64 FCR 79 at 82 per Lindgren J Stern v National Australia Bank Ltd (2000) 171 ALR 192 at 52 per Hill, OConnor and Moore JJ. The opinion fails on the ground that he has failed to expose his process of reasoning. The approach used by him does not expose the difference between the wordings of clauses in the cases he says are relevant and in the wording of cl 31(a). Further, the material presented by Mr. Murphy cannot be all considered valid as all cases are not relevant to the issue under discussion.

So if Ideal failed to prove the contents of the law of Florida then the law of Australia was to be applied to this case. The second case as submitted by Nicolas was of Ideals misconduct in the construction of the cl 31(a). The phrases arising out of or relating to the agreement seems to be taken a different meaning for both the parties. For Nicolas, the meaning is that nothing which relates to the operation of Ideals business can also relate to the operation of their business. Where as for Ideal, everything which relates to the operation of its business also relates to the operation of the Nicolas.

The third issue is pertaining to the characterization of the claims. Nicolass first claim is a series of allegations which it has against Ideal on breaching the terms of the agreement. Each of the claims relates to the deficiencies in Ideals support for the Nicolas in their operation of the franchise. There are allegations to deficiencies in the computer software which was provided by Ideal to Nicolas and also Ideals failure to properly advertise the franchised business. These allegations are so because they have affected the conduct of the operations that were being carried out by Nicolas.

All this had an impact on the smooth running of the business and also on its profitability. These claims do not cease to relate to the operation of the franchised business. Thus, all the claims for the breach of contract are caught by cl 31(a). Further, the Nicolas claim that the royalties paid by them were incorrectly calculated by reference to revenue from which GST had not yet been deducted.

They contend that on its proper construction the agreement provided only for payments of royalty by reference to revenue after the deduction of GST.  In both cases it is apparent that the payments relate to the operation of the franchised business. Franchise fees were paid by the Nicolas as an integral part of their business of operating their franchise, as were the royalties. The question of whether and, if so, to what extent those moneys are recoverable are claims which relate to the operation of the franchised business. They are, accordingly, within the terms of cl 31(a).

The Nicolas alleges that Ideal entered into another franchise agreement with them for the operation of other clinics in return for certain fees. The amended statement of claim refers to this additional agreement as a collateral agreement. The Nicolas complain that Ideal failed to obtain from them certain signed documents which were made legally necessary by the provisions of the Franchising Code of Conduct which was itself made compulsory by the strictures of the TPA. The Nicolas paid Ideal US200,000 towards various fees due under this collateral agreement.

Apparently, the clinics did not proceed and Ideal charged the Nicolas US72,975.16 for back royalties, which included withholding tax.

Consequently, they claim to be entitled to recover the US200,000 for their wasted expenditure on an additional clinic at Double Bay and also to recover from Ideal past and future trading losses at the same clinic. Ideal however pointed out that the first and second applicants were granted license to open and operate a second clinic operating the franchised business within the territory referred to in paragraph 17 hereof, without payment of any further franchise or system fee and upon the terms of the Agreement and the franchise fee and Comprehensive System Fee for the clinic. They were granted license to open and operate three more Ideal franchise clinics severally in additional territories in the Sydney and Melbourne Metropolitan areas.

The pleading by Ideal shows that the collateral agreement was just that collateral. So, the claims made under the collateral agreement are claims for the recovery of moneys paid under the agreement which relate to the conduct of the franchise business. So conclusively, all the claims made here are amenable to arbitration as per the cl 31 (a).

The fourth issue is about the authority of the arbitrator.  The arbitrator shall not extend, modify or suspend any terms of the Agreement as per the cl 31(a). The arbitrator could not exercise a power to set aside or to vary the agreement itself. Since the Nicolas claims for relief included claims for orders setting aside or varying the agreement, it followed that the arbitrator would not be able to deal with those parts of their claims. Ideal submitted the words extend, modify or suspend were not apt to describe the relief sought by the Nicolas.

Ideal submitted that cl 31(e) was directed towards preventing the arbitrator from making interim determinations which would have the effect of extending, modifying, or suspending the operation of the agreement or which would have the effect of amending the standard of the performance required by the franchisee. Ideal also pointed to AAA Rule 7 which confers on the arbitrator a power to determine the validity of the agreement that allows the arbitrator to set aside or vary the agreement. Hence, the Nicolas claims to set aside or vary the agreement cannot be determined under the arbitration clause and hence cannot be described as being claims which are capable of settlement.

Next, the Nicolas submits that those parts of their case which depend upon issues of competition law are not suitable for arbitration and hence should not be the subject of a stay. This involved the invocation of an established principle which keeps from arbitration certain categories of dispute involving issues of public policy or affecting a broader range of persons than the parties to the arbitration. Suits concerning competition law have frequently been cited as examples of claims unsuitable, by reason of public policy, for arbitration.

Next, all claims which, as a matter of law or public policy cannot be submitted to arbitration in accordance with Paragraph 31 shall be brought within the State of Florida in the judicial district in which Ideal Image Development Corporation has its principal place of business.

Thus, it can be concluded, therefore, that the effect of cl 40 is to require all claims between the parties that are not subject to arbitration - in this case those parts of the claims relating to the setting aside of the agreement and the post termination restraint issues - to be determined by the courts of Florida and not by Australian courts. As an alternative submission, Nicolas submitted that this Court would not stay their proceedings if there was a doubt that the courts of Florida could entertain them. Since there is no evidence about the law of Florida on this issue, and since it was less than self-evident that the courts of Florida did have jurisdiction under the TPA (or the ICA), the stay should be refused.

Next the second argument also stands rejected. Much of this part of the Nicolas argument proceeded as if what was involved was not an exclusive jurisdiction clause. But this case is concerned with such a clause and the consequence is that strong cause by the party resisting the stay must be shown otherwise the stay will be imposed. Cases concerned with non-exclusive jurisdiction clauses have no particular relevance in that context.  Hence, on this issue, the Nicolas themselves would need to establish by clear evidence that their claim was not recognizable before the courts of Florida.

The Nicolas made an additional submission that their pleading directly attacked the arbitration clause. The claims to set aside the agreement are not, in fact, within the authority of the arbitrator means that such claims are within the exclusive jurisdiction of the courts of Florida. In those circumstances, the question does not arise. In the eighth issue, the Nicolas next submitted that only they, and not their company, were parties to the agreement. That has the consequence, so they submit that the claim brought by their company George and Miriam Nicola Pty Ltd is within the jurisdiction of this Court and should be permitted to proceed.

Ideal submitted that this was not so because the dispute with the company was part of the same matter as the matter which existed between the Nicolas and Ideal. It pointed to the fact that the companys role in the pleading was essentially only that of a nominee. Lastly, the Nicolas submitted that the matter could not be sent to arbitration until there had been mediation. The Nicolas commenced proceedings in this Court, which is inconsistent with any entitlement to invoke the mediation clause.

The effect of this decision is that the first and second applicants claims to set aside and vary the agreement, together with the matter involving the post termination restraints, must be heard in the court of Florida, but the balance should be arbitrated pursuant to cl 31(a). It follows, therefore, that the whole of their proceedings should be stayed. And the third applicants claim also stays until further order. Hence, Ideal did not oppose the imposition of the following conditions on the stay of the Nicolas proceedings.

The proceedings are stayed upon condition that such stay may be terminated upon application by the Applicants in the event that the First Respondent does not do all things reasonably necessary to be done on its part to have the matters referred to arbitration being determined in accordance with the arbitration agreement between the parties with reasonable expedition. And the parties are to bring in short minutes of order giving effect to these reasons within 7 days. Finally the applicants should pay the first respondents costs of the motion.

LEGAL QUESTIONS

If I were a judge, there are some times when I would deem a company too big. By too big, I understand that such a company will defiantly be a monopoly. To know this, I expect that the company has all the consequences or the characteristics of a monopoly. These characteristics are such as reduced prices, higher prices and reduced quality of goods. When a company possesses these characteristics, it becomes obvious that it will be unreasonable restraining trade and at the same time going against the Sherman Act. It is only when a company possesses these characteristics that I would consider it too big. (Meese A. , 1999)

When a company is this big, it is normal that it will be conducting some of the activities that can be deemed anti competitive. Some of these activities are the production of goods which are sold at very high prices. The companies also product goods in very small quantities which do not meet the clients demand.  Even though some of these goods may be of poor quality, the clients in the field already know them and therefore buy them without much complaint due to their trust. Since such a company is already in a contract without the other manufacturers in the market, this makes it difficult for the others to produce due to poor sales. A good example is the case of State Oil v. Khan, 522 U.S. which is a clear presentation of the maintenance of monopoly using unjustified means. (McConnell, C. Brue, S., 2005)

A companys structure may be deemed economically dangerous when it is too big and too powerful. The participation of such company in the market is known to have a major impact on the economy of the country. Some companies may be too powerful for the country and this makes then take advantage of the situation and exploit the other players in market. A good example is the Jefferson Parish Hospital District No. 2 v. Hyde, 466 U.S. 2 (1985) case. (Meese J. , 2003)

There are a number of benefits that a company gains by just being a monopoly. First of all there is no competition and this means that the company will not have to compromise anything so that it can exist in the market. This further means that the company will have all the market advantage in the business and therefore it is likely to achieve all the set objectives that it may have. This would further mean that the company is likely to grow and therefore expand. This is because those resources that the company was initially using in adverting and other activities will now be used to expand the organization. (McConnell, C. Brue, S., 2005)
In a monopoly, there are more disposable resources available. This means that the organization is able to venture into research and in the process come up with better products which will be more helpful in the market. This may be difficult especially where there is stiff competition. A good example is the case of Microsoft. Due to its monopolistic nature, it able to improve on its products from the developing advanced operating systems to its advanced and more efficient software. There are some other companies that have been monopolies for a long period of time. Such companies are the Electric Power Industry, the petroleum industry may also be said to be monopolistic and also the Nokia company. Even though there are other cell phone production companies that are in existence, the Nokia Corporation may be said to have monopolized the market in most part of the world.

The Misperception of the Religion and its Impact on Terrorism in the Middle East Religion intolerance and militancy

Introduction
In the last two decades, many groups have used their religion to justify, rationalize, and defend illegal violence, particularly in the case of terrorism. This phenomenon has been named the holy terror and contemporary studies have increasingly focused on Islamic religion as a cause of the terrorism  the religious terrorists being branded usually as radical Muslims. However, it is also argued that until the nineteenth century religion provided the only justification for terrorism. And, it has to be understood that Christians and Jews too have used religion to justify and legitimate aggression, warfare, violence, and terrorism. In fact, this is true for major religions all over the world, from Japan to United States, including Europe, India, and the Middle East. (Al-Khattar, 2003, pp. 25)

Nevertheless, it cannot be overlooked that Islamic extremism in recent times has been pervasive as well as easily franchised, and has also proved to be extremely difficult to extinguish. The new Islamic discourse produced by Islamic awakening (sahwa Islamiyya) since the 1970s, has influenced and been influenced by a new Jihad, which has coalesced and evolved since the mid-1980s and 1990s. The new Jihad, in turn, qualitatively has affected the capabilities of extremist leaders and the behavior of combatants. In addition to increasing popularity, Islamist groups have become more and more emboldened by their continuous victories in Iran in 1979, Lebanon in 1983, Afghanistan in 1989, and Somalia in 1994, where they succeeded in evicting the Imperialist powers. These Islamist groups have further strengthened their powers since 1990s. (Zuhur, 2005, pp. 9 Koh, 2006, pp. 8-9)

In the present times, the large number of terrorist attacks committed in or emanating from Middle East has further given rise to speculation that there is an intimate connection between Islam and violence. These suspicions are not limited to the time-honored Western prejudices against Islam. Many Muslims themselves have come to believe that there is some truth to this claim. The seemingly intractable conflicts between various Muslim states, the conflict of factions within Lebanon itself, the conflict between Palestinians and Israel, and the most infamous incident of all the attacks of September 11, 2001  all seem to corroborate the judgment that Islam is a religion of violence. The fact that the governments of Iraq, Iran, Libya, and Syria either maintain terrorist organizations as instruments of their foreign policy or provide support to, and avail themselves of, the services of terrorist groups serves to confirm this suspicion. (Duran, published in Howard, 1992, pp. 47)

Nevertheless, to hold Islam responsible for the surge of Middle Eastern terrorism would be a mistake. The way a number of Middle Eastern regimes use terrorism as a means of achieving their political ends, does not differ substantially from that of totalitarian regimes in other parts of the world such as North Africa. (Duran, published in Howard, 1992, pp. 48) The purpose of the present paper is to understand the causes of present day terrorism originating from the Middle East, including an analysis of how Islamic religion is being interpreted, creating religious intolerance and militancy in various parts of this region  in short the misrepresentation of a religion that essentially enunciates pacifist ethics.

Terrorism
The term terrorism, is probably the most known among every person in the civilized world, in recent times. It has become almost a daily explanation for many violent events happening around the world. The events of September 11th in New York and the resulting horror and damage to life and property, as well as its after-effects, have assigned terrorism to the list of planetary emergencies. However, so far no comprehensive or universally accepted definition of terrorism exists. Given the diversity of terrorist groups, the forging of an exclusive definition seems out of reach. The groups differ in their religion, their targets and even their tactics. They also differ in size and structure and are committed to engaging in different levels of violence. While some operate secretly, others seek the support of different governments or factions within governments. (Mehr, published in Ragaini, 2003, pp. 18-19)

Generally terrorism can be characterized as an act that is associated with violence, is premeditated by a group or an individual connected with a group, is addressed to public, intends to instill fear in the public, and is aimed at changing the political, social andor economic status quo in a non-conventional manner. Victims of a terrorist attack are usually incidental to the terrorists objective, though assassinations of a political or a law-enforcement figure with the view of exhibiting the vulnerability of the regime is an exception to this rule. An act of terrorism can be motivated by one of several factors. Terrorist groups have diverse ideological backgrounds communist, socialist, religious radicals, religious fundamentalist, NaziFascist, anti-autocratic and nationalistic with de-colonizing or separatist aspirations. (Mehr, published in Ragaini, 2003, pp. 20-21)

The culture of terrorism stems from national, historical and religious culture of the people. It is shaped by prevailing socio-economic and political conditions, the innovative characteristics, ambitions and aspirations of the terrorist group leaders. It is indigenous, even through the terrorist group invariably adopts parts of culture of other terrorist groups. This is particularly true of ideological and religious terrorist groups. In the present day world, the number of incidences involving religious terrorism throughout the world is increasing. This may in part due to the religious radicals emphasis on the differences between believers and heretics. (Mehr, published in Ragaini, 2003, pp. 21-22)


Origins of Religious Terrorism
Terrorism in the name of religion has become the predominant model for political violence in the modern world, but this concept isnt a new one. With the turmoil and conflict based in the Middle East and attacks against the United States at home and abroad, religiously based organizations using terrorism have been in the spotlight. Religion and terrorism share a very long history. In fact religious justifications for violence are among the oldest ones in the world. Religion is one important source of group identity that can provide for unity in a community. Misrepresentations of a region, its religion and people have persisted for centuries. Prior to the nineteenth century, religious justifications for terrorism were the most frequent. Further, religious wars and crusades have been among the most devastating and costly conflicts in history. Loss of life in these kinds of conflicts often was higher, because those believing in a different religion could be killed with impunity from any religious sanctions whereas members of the same religion would be better treated in a war situation. In some religious wars, the clear intent was to eliminate the other religious group. Conquest or conversions were not seen as real options. (Lutz  Lutz, 2004, pp. 64)

Interestingly, many words in the English language describing terrorism and violence also have religious etymology. For instance, the word zealot dates to a Jewish sect in 66-73 AD the word assassin comes from an Islamic terrorist group that existed between 1090 and 1272 AD and the term thug derives its origins from an Indian religious group in the seventh century. In fact the medieval Christian doctrine of tyrannicide might also be considered a form of religiously sanctioned terrorism. However, the first half of the twentieth century comprised of major wars that had nothing to do with religious terrorism, but with ethnic and nationalist separatist, or ideologically-motivated terrorism, where people belonging to different religions joined together to fight a cause that had nothing to do with religion. This served to wipe out the memories of terrorism having an origin in religion, from the minds of the people. (Hoffman, 2006, pp. 83-84)

The problem of religious-based terrorism surfaced again, some two decades back, and now more than half of the well-known terrorist organizations use religion as the major motive for their acts. That is to say, while none of the internationalist terrorist groups active in 1960s could be classified as religious, by 1980 the modern religious terrorist group had begun to emerge, and by 1992 the number of these groups had dramatically increased from 2 to 12. The violent religious terrorist activity has increased sharply since the 1980s and it has become one of the dominant forms of terror, surpassing the number of the traditional politicalseparatistMarxist-Leninist groups. (Fernandez, 2004, pp. 12)

Religious extremism is a central attribute of the New Terrorism. It has become a binding ideology for many extremists, in part because it provides an uncomplicated sense of purpose and a clear world view. Religious terrorism has increased in its frequency, scale of violence, as well as global reach. At the same time, there has been a relative decline in secular non-religious terrorism. Nevertheless, religious terrorism is not easy to define  despite the unfortunate tendency of the modern Western Civilization to confuse the term with Islamist terrorism exclusively. This type of terrorism originates from countless national, cultural, and historical contexts. Unlike secular terrorism, which usually has an inherent though fringe rationality, religious terrorism is often an expression of unquestioned faith in a supernatural purpose. It is therefore very much contingent on trends within specific religion, historical experiences of ethno-national groups, and the unique political environments of nations. As basis for terrorism, religious faith has been applied in different ways, depending on the cultural and political environment of each terrorist movement. In some environments, religion is the primary motive for terrorist behavior. In other contexts, it is a secondary motive that is part of an overarching cultural identity for politically violent movements. (Sutalan, 2008, pp. 17 Martin, 2006, pp. 183, 185)
The easiest method to distinguish religious terrorism from other types of terrorism is that in the former case, the group makes use of and requires scripture or a clerical authority to justify, sanction, and approve of the violence they employ. Religious terrorists differ from traditional ideological terrorists in that the former are willing to sacrifice to obtain their objective. Religious terrorists are more prone to use indiscriminate violence. Hence, religious terrorism tends to be more lethal than secular terrorism because of the radically different value systems, mechanisms of legitimization and justification as well as the concepts of morality. For the religious terrorist, violence assumes a transcendental dimension. Executed in the fulfillment of some divinely-ordained command, it is devoid of the moral constrains that bind other terrorists actions. Whereas secular terrorist generally consider indiscriminate violence immoral and counterproductive, religious terrorists regard such violence not only as morally justified, but as a necessary expedient for the attainment of their goal. Thus religion serves as a legitimizing force  conveyed by sacred text or imparted via clerical authorities claiming to speak for the divine. (Smelser, 2007, pp. 107-108)

As a primary motive, religion is at the very core of an extremists groups political, social, and revolutionary agenda. Within this context, the religious belief system is the driving force behind their behavior. Example of this profile are found in the Middle East and elsewhere among jihadi Islamic fundamentalists, in India among Hindu extremists, and in the United States among violent Christian anti-abortionists. (Martin, 2006, pp. 183, 185) The upsurge in religious terrorism since 1980s can in part be attributed to the widespread belief that the groups respective religions lie at a vital historical point. This stems from increased globalization, and the perceived erosion of traditional values, along with widespread economic and political upheaval and inequality, leading to heightened feelings of fragility, instability and uncertainty. Terrorists feel the need to preserve their religious identity, but also believe that there is the opportunity to fundamentally alter their future. Religion is hence a refuge, familiar, and reflecting constant values, in an age of change. Religious zealots usually consider violence as the only way to overthrow a reviled secular government and attain religious redemption. The growth of religious terrorism worldwide appears to account for the increased severity of attacks since 1991. Religious extremists in fact prepared for a major crisis at the millennium because they believed that the year 2000 signaled the beginning of the worlds end. (Cameron, 2000, pp. 78)


Causes of Terrorism in the 19th, 20th and 21st century
Terrorism emerged in the last third of the 19th century as a systematically employed asymmetrical tactic of political violence. It took no single form instead it was used by organizations of many political orientations in the name of many goals formulated in accordance with their various ideologies. In contrast to late 18th century state terrorism in France, the terrorism of the mid to late 19th century had been characterized by a self-prescribed morality and by highly abstract political ideals in that it argued for discriminate attacks against only those individuals responsible for the accused offense. During this period, terrorism was employed by socio-revolutionary groups such as the Russian revolutionary narodniki or European and North American anarchists, as well as national liberation movements in the Balkans, India, Ireland and Poland. late 19th century anarchists justified their violent anti-state actions in criticizing the general failure of state itself to obey its rules, legislations and legal obligations, and its owns self-proclaimed morality and values. (Stepanova, 2008, pp. 35 Gardner, 2007, pp. 64)

A more general change in social attitudes towards violence came about with the concepts of total war and the advent of World War I. Terrorism then developed into the more cynical indiscriminate forms of modern 20th century terrorism based upon futuristic, hyper-rational, hyper utopian visions, as discussed in terms of totalitarian terrorism. The latter likewise involved self-sacrifice for the greater cause, whether secular or religious, where of the political left or right. (Gardner, 2007, pp. 64) In both the 19th and 20th centuries, most anti-colonial national liberation movements employed armed violence at some stage and in more than one form. Mahatma Gandhis movements, which managed to achieve its goal of independence for India through non-violent means was a rare exception. Late 19th and early 20th century terrorism was also tied to the great wave of globalization and integration that marked the period from 1870 to 1914. In the mid-20th century, both prior to World War II and in the first post-war decades, terrorism was widely employed by anti-colonial and other national liberation movements in the Middle East, North Africa and parts of Asia. At that stage, several national liberation and nationalist groups that combined terrorist means with other violent tactics managed to achieve all or most of their declared goals. (Stepanova, 2008, pp. 35-36)

In the early 21st century, radical ethno-nationalism, and especially ethno-separatism has retained its importance as one of the most widespread ideologies of groups employing terrorist means. However, it has gradually yielded primarily to religious, especially Islamist extremism. Religious extremism has more and more often served as an ideological basis for terrorist groups active in  more localized settings and, above all, for the emerging transnational violent Islamist movement. (Stepanova, 2008, pp. 38) The late 1960s and 1970s were characterized by the rise of secular ethno-nationalist separatist and left-wing terrorist groups. In contrast, the early 1980s saw the dramatic emergence of religiously motivated terrorism, more precisely involving extreme Islamist movements. The event triggering this change was the success of the Iranian Revolution in 1979. It was a great surprise to the world that a theocratic state should emerge in the secularized international political arena. The international community had by this time taken secularism for granted. However, the Iranian Revolution seemed to turn the wheels of history backwards. Following the success in Iran, the modern Islamist terrorist groups have aimed at exporting the Islamic revolution all over the world, especially in the Middle Eastern countries such as Saudi Arabia, Egypt, Turkey, etc. Violent Islamism has at times served as a counterbalance and an alternative to nationalism, as in case of the Islamist Movement of Uzbekistan (IMU) and at other times, it has been employed in combination with radical ethno-separatism, for instance in Kashmir or Chechnya. (Koh, 2006, pp. 5-6)



Origins of modern-day Islamic Terrorism
Present day Islamic terrorism too has similar ideologies as discussed above. Islamic extremists see themselves as involved in a total war against the enemies of faith. Islamic radicals think that the present societies are illegitimates since Gods injunctions have been forgotten and violated. In this context, they believe that it is the duty of every Muslim to wage jihad in order to bring about an Islamic revolution by transforming society. Islamic terrorists see themselves as alien to a world that has lost its sense. (Pinto, 2004, pp. 23) Islamic fundamentalism in one form of another had always been present, just as in Christianity and Judaism there had been fundamentalism all along. However, terrorism in the Muslim and Arab world did not play a significant role during the nineteenth and most of the twentieth century. To be more precise, Muslim and Arabic terrorism was a localized phenomenon. It did exist but it was not predominant, nor did it essentially differ in its motivation and outlook from other forms of terrorism. But towards the end of the twentieth century Arabic terrorism became the most prominent component of world terrorism. (Laqueur, 2004, pp. 31)

The origins of modern-day Islamic terrorism were in the emergence of the revivalist movements promoting a return to fundamentalist Islam, and those of its protagonists who wanted to impose their aims by force. Such movements appeared in several countries in the Arabian Peninsula it took the form of Wahhabism, the teaching spread by an eighteenth century sect that was little noticed at the time. On the Indian subcontinent, terrorism was connected with the desire to strengthen the identity of Muslim minority vis-a-vis the Hindu majority the founders of Pakistan had been secular politicians but on the fringes of their movement, religious extremists were active. As time went by, they became more prominent. But the heartland of Islamic fundamentalism in modern times was Egypt, even though Salafism (its local name) never gained a politically strong leading position. The term Salafi simply means early Islamic, referring to those who lived in the first centuries after Muhammad. In religious terms it means opposition to reform and the purification of Islam from alien elements. Islam preached that one should adhere very closely to the Koran that Allah was the only true Lord, and that one should believe in the uniqueness of Prophet Muhammad  i.e. tenets common to every Muslim. What was really new was the conviction of the Salafis that they were Islam, not just one of the several factions that state and society should be based on the principles of the religious law, the Sharia, and not on secular law and that this aim could be achieved most likely by violence. Another thing that was new was the strong emphasis on jihad. Many fundamentalists also believed in the necessity to reestablish the Khalifah  the unity of political and religious rule, which had vanished with the break-up of the Ottoman Empire after the World War I. These basic beliefs were bound to collide with the existing order in the Muslim world and also with nationalism and the national states that had developed over time. (Laqueur, 2004, pp. 30-31)

As mentioned earlier, most of the recent focus on Muslims originated with the revolution in Iran, and the later collapse of the Soviet Union. The Islamic revolution in Iran (Shia) inspired many Islamic groups and organizations around the world. In Lebanon, for example, Hezbollah, (Party of God and classified as a terrorist organization in the West) with a Shiite component, was established with the full support of Iran, which later committed several terrorist acts in Lebanon and elsewhere. Its members show a striking willingness to die for the sake of God, and are guaranteed a place in Paradise if they die while they are in Jihad  most often translated as holy war. Sunni Muslim organizations also performed terrorist acts. The Islamic Resistance Movement  best known as Hamas, is another Islamic organization, which has been listed in most countries, especially in the West, as one of the most dangerous organizations because of its suicidal acts in Israel. This organization is associated with the Sunni sect of Islam. (Al-Khattar, 2003, pp. 32) in fact five of the seven states that have been branded by the U.S. government as sponsors of international terrorism  Iran, Iraq, Libya, Sudan and Syria  are Muslim states (the other two being Cuba and North Korea). Further, of the 33 major international terrorist groups described in the State Department 2001 report on global terrorism, more than half are based in Middle East and North Africa. (Pinto, 2004, pp. 21)

Many analysts have repeatedly pointed out that modern Islamic societies are extremely intolerant, and more importantly  extremely violent. The bloodiest war since the 2nd World War has been between two Islamic counties  Iran and Iraq and the bloodiest terrorist campaign took place in Algeria, between government forces and Muslim militants. However, the post World War has multitudes of genocides where millions of soldiers were killed in Cambodia, Vietnam and Burundi that had nothing whatsoever to do with Islam  statistics that are frequently discounted by many Western analysts of modern times to support their claims of violence, which is an important component of the anger of the educated and learned Muslims worldwide against Western scholars.


The misunderstood and misused word Jihad
To most of the modern day world populace, especially those not belonging to Islamic religion, the word Jihad has become synonymous with acts of violence perpetrated by Muslims in the name of religion, because their religion has given them permission to do so. This extremely distorted meaning of a word shows how the religion is misrepresented to suit the nefarious purposes of certain sects to suit their own purposes. The deduction of meaning made by the non-Islamic populace is finds its basis not only in pop-culture terrorist movies, but also the regular speeches made by the leaders of various Islamic terrorist organizations, about their right to kill whoever they think is against the will of god. Needless to say all such interpretations of the word are incorrect.

The word Jihad is Arabic in origin, and means to strive, to exert oneself, or to struggle. The word has a basic connotation of an endeavor towards a praiseworthy aim. In a religious context it may express a struggle against ones evil inclinations or convert unbelievers for the same of Islam and the umma i.e. trying to covert unbelievers or working for the moral betterment of Islamic society. (Peters, 2005, pp. 1-3)  Concerned Muslims are keen to point out that the effort in Jihad essentially means a moral effort. There is the greater effort and the lesser effort. The greater Jihad is to fight against ones evil inclinations, against immorality and sloth, and, most of all selfishness. It is struggle to purify oneself and to be a better part of the society  a person on whom everyone can rely for help. The smaller Jihad is often known as the Jihad of the sword  nowadays often equivalent to the English word crusade. The smaller Jihad was initially a defensive way to protect the interests of the Muslim society. The word in this context has been interpreted fairly liberally to allow for preemptive attacks. Hence, there has always been much discussion as to whether a particular war was a jihad or not. In order to declare a war a Jihad, proof is needed that the opponent does harm to religion  interestingly it need not be Muslim religion. Further, Muslims as just as much called upon to rise in arms and defend their cousins-in-faith, ironically the Jewish religion. (Martin, 2006, pp. 187-188)

Jihad can be waged for several reasons  the most misinterpreted of which is the expansionist jihad that is undertaken in order to bring as many people under its rule as possible. Such a jihad needs a legitimate caliph to organize the struggle, which at least according to Shiite theory had been illegal after the Occultation of last Imam in 873. (Peters, 2005, pp. 4-5) The defensive jihad on the other hand against attacks is still a possibility. In any case what remains uncontested is that jihad must be a state affair, authorized by the caliph. That is to say, it is not the right of individuals. Jihad, while becomes unavoidable individual duty under some circumstances, nevertheless, it has to be always under the orders of a caliph or if the region where the person is attacked by the enemy. Individual jihad can however be peaceful where people are involved in social word, educating people, striving to improve their spiritual life etc. i.e. the greater jihad. Further, it must be remembered at the jihad of sword in erstwhile times was confined to the battlefield, the common people were not affected by it  an impossible feat in modern times. (Howard, 1992, pp. 48)

Despite of all these clear guidelines, there are about a dozen major terrorist movements in the present day that misuse the word jihad. Some of them even bear a name that includes the words jihad or mujahidin, a mujahid being a person who carries out jihad. The earliest such organization was the al-jihad in Egypt, where jihad stood for holy war. The al-jihad movement in Egypt explicitly stated that Muslims have the obligation to make war against all infidels (another misused and misinterpreted term) i.e. non-Muslim and lax Muslims alike. This is based on the idea that jihad had to be waged to establish Islamic world order  not justified at any place under Koran or Hadith. Koran itself states that political power is no ones monopoly and that no individual can be in a position of dominance forever. (Howard, 1992, pp. 49 Peters, 2005, pp. 7)

There is however some basis to the historical interpretation of Islam which condones jihad of the sword  a view held by many in the Muslim world. Islam has a history of the sword. The remarkable military exploits of the forbears of modern Islam were often responses to attacks on the nascent community of Islam. But these were military campaigns, as mentioned above, not defensive ones attacking innocent people. There lies the divergence between the explicit tenets of Islam and the popular understanding of Islam among many of its largely illiterate followers. (Howard, 1992, pp. 50) Jihad in its modern conception among terrorists has no sense of liberation as used to be the case, either when a country was conquered or an infidel was dethroned. The stakes now do not include pushing aware the invaders of Muslim areas or conquering new territory, but they concert the global terror  for the moment chiefly against Americans and their allies, though certainly not limited to them. The actions that resulted in the 911 events were irrational to the extent that they are pursued against an anonymous enemy without a social project that outlines how society is to be changed in order to promote faith. It targeted innocents and hence the idea deviates far from the notions of the just war, both within the Occidental mind and within the classical mind, as it is clearly stated in Islam that jihad saves those who are not in combat and disapproves of what is called fatk or killing by treason or premeditation. (Lane  Redissi, 2009, pp. 30)

Regardless of all these rational explanations and viewpoints and the condemnation from many Muslim ulema regarding the 911 attacks, several radical scholars both condoned and justified the jihad, chief of them being Saudi Sheikh Hamid bin Abdullah al-Shuyabi who on September 17 2001, even introduced a fatwa to this effect. The fatwa gave justifications that the attack was called for and that killing of innocents was allowed, and that many of those killed cannot be regarded as innocents (America being a democracy, a government of people, so everyone in the country is an infidel as they have majority vote for decisions)  a staggeringly nonsensical viewpoint that shows the state of mind of religious zealots. The fatwa ended with a call on all Muslims to support the Taliban regime in Afghanistan because they have offered shelter and assistance to the mujahidin i.e. al-Qaeda. (Peters, 2005, pp. 179) Again, to a rational mind, all these justifications would be the ravings of a fanatic who either doesnt understand or deliberately misunderstands the tenets laid down by wise men of the past. But, it cannot be denied that being in a position of power, such views are being held by a large group of people waiting in wings to perpetrate extreme violence in an already tumultuous world.


Terrorism in the Middle East
In 1993 an influential American academic declared that Islam and West are on a collision course. Islam is a triple threat political, civilizational and demographic. (Edward  Hinchcliffe, 2008, pp. 49) Muslims are usually portrayed in western media as an aggressive civilization with its locus in the Middle East and it is usually argued that Muslim fanatics would ensure that the region became synonymous with conflict in a battle with the West for global command. However, the terrorist events in East Timor, the Philippines, Egypt, Sudan, and Nigeria between Muslims and Christian in Pakistan between  Sunni and Shiite sects of Islam, and in China where Tibetan monks have been subject to acts of violence, show that religious terrorism is not a phenomenon peculiar to Middle East, and in particular Arab-Israeli conflict. The complexity of the situation in the region is especially higher, considering that the conflicts are not solely religious but religious plays a inextricable part, making the potential resolution of the problem extremely unlikely or at the very least very difficult. In addition, Middle Eastern terrorism is not a fairly recent phenomenon, as is usually assumed. The differences between the warring Muslims and Jews have been the basis of years of social and political warfare. The modern origins of the Middle Eastern terrorism can be traced to the end of the Second World War and especially the creation of the state of Israel. (Edward  Hinchcliffe, 2008, pp. 49-51)

For the Jews of Israel and Zionists, self-revelation that Israel is the Promised Land to which the Israelis should return after slavery and opposition is of crucial importance. Orthodox Jews therefore maintain that all of Palestine and Jerusalem belongs to them. After initially migrating to the Promised Land, Zionist Jews resorted to terrorism to reclaim and establish their own state. In 1939, the Jewish terrorist group Irgun began an attack on public gathering places, British administrative buildings and law enforcement officers in Palestine. In 1944 and 1949, the Israeli terrorist group LEHI (Fighters for Freedom of Israel) assassinated a minister of British administration as well as the UN mediator. On the other hand, Muslims who had lived in that geographical area since the time of Salaholdin Ayoubi, consider it a land belonging to the Uma i.e. the Islamic community. In addition, they also believe that followers of other religion in the Zone of Islam should remain subordinate to Muslims. Palestinians, after being displaced from their homes in the twentieth century, began a movement to oppose the existence of Israel. Terrorism was seen as a legitimate means to reclaim the lost land. During this period, Palestinians organized numerous groups, some of which were terrorists. 1970s saw the terrorist use new means such as plane-hijacking which was followed in 1980s by a wave of suicidal car-bombings. The uncompromising attitude on the part of both Israelis and Palestinians has further led to volatile situation in the state rendering the peace attempts completely useless. (Mehr, published in Ragaini, 2003, pp. 22-23)

The problem in the Middle East is that here Islam and the role of Muslim population in the conflicts of the region are perceived from a variety of standpoints rather than just one. Further, it must also be made clear that the conflict involving Islamists  those Muslims who are politically active  is not always manifested through violence. Opponents of Islamist activism, such as the secular Bathist state in Syria, have often been responsible for perpetrating the violence, the conflict and the worst atrocities. For instance, in 1982, the Syrian authorities massacred 10,000 members of the Muslim brotherhood  a Sunni Muslim reformist organization that engaged in welfare and educational activities  in the town of Hama following a civil protest against the Bathist authorities. In Lebanon, subject to fifteen years of civil war, occupation by Israel and a military presence by Syria, the breadth and diversity of Islamist activities are wide. There are followers of Islamist preachers and activists in both Sunni and Shia, who believe that change within the system is the best way to achieve their goals. In Iraq, under the regime of Saddam Hussein, thousands of Shiite Muslims were persecuted and murdered by the Bathist leader of the secular state. In post-war Iraq, countless Islamists are engaged in jihad that has turned into a civil war as well as an anti-occupation insurgency. Yet for the majority of Muslims, there is no role for violence as a dominant motif of Islamic resistance, as interpreted according to religious law, to foreign occupation or insurgence. (Edward  Hinchcliffe, 2008, pp. 51-54)

In Egypt, Jordan, Lebanon, Saudi Arabia, Algeria, Tunisia, Syria, Kuwait and even Israel, Islamist could be identified in each context in many guises. It is certainly tie that conflict and associated violence came to dominate relations between Islamists and the state, however the number of occasions where Islamists formed organizations or movements especially for violent purposes are not as many as has been popularly perceived in the West. Middle East area studies allow for the possibility that Islams and Islamisms various interpretations are determined by social, political, and economic factors. According to this approach, the reasons why most extreme variant of Islamism opts for violent methods should not primarily or exclusively be sought on the percepts of the Islamic religion. There are no better cases to illustrate this controversy than Hamas and Hezbollah, both considered archetypical purveyors of religious terrorism.(Edward  Hinchcliffe, 2008, pp. 55)

The debate over whether Hamas should be described as a terrorist entity is ongoing. The US placed Hamas on the list of Foreign Terrorist Organizations in 1997, Israel consistently and exclusively represents Hamas as a terrorist organization, and the European Union also placed the movement on the list of terrorist organizations in 2003. Hamas and its representatives, on the other hand, describe themselves as a legitimate armed resistance movement struggling for Palestinian liberation. They justify the use of terrorist methods such as suicide bombings saying that first of all countering the power of a powerful state such as Israel would require terrorist means which is further justified as Israel too targets civilians for attacks. In addition, as all Israelis have to serve in the army, the distinction between combatants and non-combatants  a key issue in terrorism dissolves altogether. The controversy over whether Hamas is a terrorist entity is highly relevant to the debate on religion and terrorism. Most analysts are forced to agree that Hamass use of terrorist methods falls within its wider use of guerilla tactics. Apart from its association with violence, Hamas is a social movement and a political party which won a clear majority in national legislative elections in January 2006, and which as displayed the ability to pragmatically adapt its ideology and goals to political circumstance. (Dalacoura, published in Jackson, Smyth and Gunning, 2009, pp. 128-129)

The example of Hezbollah too is a useful illustration of the controversy on religion and terrorism. Although since 1990s, Hezbollahs complicity in terrorist acts has been a matter of dispute, the movement can be firmly linked to terrorist attacks in the early 1980s, in particular against US and French peacekeepers in October 19803 in Buenos Aires, Argentina in 1992 and 1994 and to the Khobar Towers in Saudi Arabia in 1996. The controversial question of targeting civilians in the conflict with Israel is also relevant to Hezbollahs characterization. In justifying its acts and even its very existence, Hezbollah uses a religious discourse which is closely linked to the Shia Islamism emanating from the Islamic Republic of Iran. But alongside that, it claims that it has been conducting a war of liberation against Israels occupation of South Lebanon since mod-1980s and depicts its violence as part of guerilla warfare with the aim of resisting occupation  similar to that of Hamas. Furthermore, placing Hezbollah in its local context brings into picture its multiple roles provider of welfare and charity political party and protector of Shia interests within Lebanons inter-sectarian system. (Dalacoura, published in Jackson, Smyth and Gunning, 2009, pp. 129-130)

Ideology and violence in the Middle East
The impact of oil on the Islamic countries of the Middle East was paradoxical. Oil provided unprecedented wealth and that wealth could fund economic development, but it was always dependent progress dependent on the goodwill and the skilled workers of the West. Oil could restore Muslim pride, but it simultaneously also showed just how backward they had become since it could only be turned into wealth by the cooperation from the West  the primary source of humiliation. With hindsight, the impossibility of trying to do it in one generation what had taken centuries in the west becomes all too obvious. Since the Shah of Iran (the place where it all started) did not approve of higher education in his country, he spent millions having people trained abroad, many of who did not come back. Hence, he was forced to spend further money on importing foreigners as he thought they were here only for money and could hardly plot against him. Oil wealth, in short promised great material prosperity and delivered it to some, but it did so in ways that undermined the socially significant parts of the traditional economy, in particular the small tradesmen and craftsmen of the bazaar. For from liberating Iran, oil increased its dependence on the West further distorting the economy. The failure of centrally directed development in Iran was more spectacular than in Egypt, but it amounted to the same thing statism had failed and Shah responded to this by increasing the repression in the state. This led to the Iranian Revolution in 1979 and later led to the eight-year war between Iran and Iraq, because Saddam Hussein Feared the Shiite Muslims in his country would also seek to revolt along with the Shiite revolutionaries in Iran. The western-backed monarchy was hence thrown by Islamic fundamentalists, led by an exiled Ayatollah Khomeini, as it was seen as corrupt and repressive. (Bruce, 2008, pp. 49-50 Wilcox, 2004, pp. 33-34)

Fundamentalist terrorist in the Middle East can be described in several ways. From a political point of view, they are dogmatic and repressive. From a psychological point of view, they border on insanity. Culturally, they may be perceived as backward and reactionary. From a sociological point of view, their agenda is determined by the state, the colonial power against which they are fighting, the political model they have borrowed, and their stance against liberal Muslims in their society. However, these descriptions, while often true, do not explain an entire groups resolution to commit violent acts. (Tallatoff, published in Ragaini, 2003, pp. 26) when convictions and motives acted upon by the perpetrators of the September 11 were examined by Bohleber, ideologicalreligious factor was seen as a crucial component because it appears as the operative force behind the combination of narcissistic ideal condition and terrorist mass murder. Bohleber further found surprising similarities between ethnocentric German nationalism and radical nationalism after World War I. Some common traits include the same ubiquitous unconscious fantasies, such as care fantasies and sibling rivalry, purity and the idea of the other, visions of unity and fantasies of fusion.

The problem lies in the fact that in autocratic societies and dictatorial regimes, there is no room for disagreement and opposition dissenting voices are violently extinguished. The opposition is always forced t work clandestinely, hide activities, and attract attention though planned outbursts, a process that results in internal decay. This process happens quickly if the opposition is suppressed harshly and left without any hope for freedom of expression. The rise of fundamentalism is the product of these conditions in numerous countries in the Middle East. Such movements often arise after western-supported coups. In Middle Eastern countries where there is some room for oppositional political activities opposition has grown the least. In addition, fundamentalist also oppose what they perceive as the Imperialist opposition. They blame the West for the economic and technological backwardness of their own societies and the western support of repressive regimes in the region. They also condemn United States unconditional support for Israeli actions and over the last decade the treatment of Iraqi people. These issues are not without any basis, and are debated vigorously by both United States and the rest of the world also. Fundamentalists treatment of these topics is distinct from the other debates because they use these issues to promote a fictional universal ideology that is extremely incompatible with the real aspirations of the people in their societies. (Tallatoff, published in Ragaini, 2003, pp. 27-28)

The Iranian Revolution showed that the rise of Islamic fundamentalism has nothing to do with class division and that all social groups embrace this ideology, given the right circumstances. While a historical analysis of the rise of Islamic fundamentalism is definitely important, it does not take into consideration the very modern concerns of Islamic fundamentalists, such as the issues of state, women, and the West. Many scholars trace the relations between Islam and modernity to two contemporary western ideologies liberal capitalism and soviet Marxism. The liberal Islam can be seen as a response to western influence, while the fundamentalist Islam can be seen as a response to Marxism. The former uses liberal rationality and discursive arguments, and the latter resemble the Soviet Marxist polemical style. Like Marxists, fundamentalists are concerned with ideology, the rational sciences, and a response to the production of knowledge and sciences. This position is most obvious in the debates between Muslim fundamentalists and modernists over Islamic jurisprudence. Islamic fundamentalists reject the notion of significant or swift social evolution and portray the west as solely an aggressive, exploitative, and materialistic force. They promote Islam as a state ideology that stands diametrically opposed to development though liberal capitalism. (Tallatoff, published in Ragaini, 2003, pp. 29-30)

Causes of Extremism in the Middle East
Extremism has spread across most countries in the Middle East. It is true that religious extremism is the most conspicuous form, but other forms of extremism are also emerging in the region secular extremism as practiced by the government and the military elite in Turkey racism against minorities, such as Kurds and ethnic Iranians in Iraq and schismatic extremism, as experienced by Shiite Muslims in some Gulf countries. Since mod-1970s Islamic groups have become deeply involved in the internal political arena and gained popular support in a defective political and economic environment. In addition, the external political inadequacy of the existing political regimes has resulted in their being undermined. As the existing political regimes are unable to respond to successfully to the problem of daily political realities, these organizations have become a political alternative for the frustrated majority. Thus, Islamic groups, through the use of religious rhetoric have become increasingly popular and pose a real challenge to the governments in the region. Due to the undemocratic nature of most, if not all, Middle Eastern countries, clashes between the two parties (the Islamic groups and the governments) have swept away the possibility of any other political alternative. Consequently, violence and terrorism have arisen as outlets for political views. (Mohammad, published in Bjorgo, 2005, pp. 109-110)

In addition, the Islamic groups have offered an acceptable explanation of military and political defeats by utilizing irrefutable religious principles. Islamic movements were able to employ verses from Koran to interpret reality and deliver answers to critical questions such as how it was that Israel could defeat Muslims despite being heavily outranked in terms of population and natural resources. At the same time, the Islamic groups have boosted their credibility with the public through successful armed confrontation against two of the worlds most sophisticated military machines the Red Army of the Soviet Union in Afghanistan and the Israeli forces in Lebanon. By combining alternative interpretations of political realities from the Koran, with the military victories against Israel and the Soviet Union, Islamic movements have generated not just more support for their socio-political ideology, but also increasing patronage for their tactical methods, including the use of violence as a means of liberation from both internal pressures and external constraints. (Mohammad, published in Bjorgo, 2005, pp. 110-111)

Israeli defeat of the Arabs in 1967 and the burning of the Holy Mosque in 1969 were both events that were seen to have occurred under and, by implication, as a result of a secular government. By contrast, the defeat of both the Russians in Afghanistan and the Israelis in south Lebanon was seen as a direct result of the power of the emerging Islamic movements. The effects of these historical movements on the Arab psyche cannot be overestimated. On the one hand, they served to generate a uniquely honest self-critique of the deficiencies, and subsequent defeats, that secularism and nationalism had brought to bear on the Arab nation. And, on the other hand, they indicated a viable alternative route along the path of Islamic ideology. Therefore, Islam has been operationalized as an episodic discourse to discourse to diagnose and treat the political, economic, and social defects of the Middle East. (Mohammad, published in Bjorgo, 2005, pp. 111)

Conclusion
If there is one area which has spawned both a greater incidence  and lethality  of international terrorism in the last thirty years, it is the Middle East. Indeed, if ones conception of the Middle East also includes Algeria and Turkey  the focal point of some of the most egregious and violent terrorist onslaught in the last two years  it is clear that the Middle East is the most dangerous source of terrorist action, accounting for over 30 percent of all terrorist incidents internationally over the last decade. Ironically, the Middle East peace process (between Israel and Palestine) increased both the operational capacity and the motivation of terrorist movements. Israel openly flaunted agreements and continued to build Jewish settlements in the disputed West bank. Because of all these issues hatred of Israel and the governments supporting it, gripped parts of the Arab world, particularly among a growing Islamic fundamentalist movement sparked by clerical calls for jihad. The stationing of US troops in Saudi Arabia, as well as expanding Jewish settlements in the Palestinian territories, also fed the anger that fueled massive terrorist attacks. (Boyer, Clark, Hawley, Kett, and Reiser, 2009, pp. 731)

Nevertheless the general opinions in United States regarding both Middle East and Islam are extremely narrow and biased. The notion Arab has often become synonym for Islamic fundamentalism in contemporary western culture, from movies to news to social theory. Post September 11, the war on Iraq, and the conflict in Palestine have all aided in linking Islamic fundamentalism with terrorism. Islamic fundamentalist is often conflated with Islam and with Middle East in general  a stance that has generated significant critiques. However, it cannot be denied that the rise of Islamic fundamentalism challenges nearly every government in the Middle East and has been the source of much strife in the region as well as terrorism around the world. The surge of Islamic fundamentalism is one of the most important challenges facing the Middle East. Leaders of this movement reject modern that is to say western influences and want their governments to enforce Islamic law, or Sharia  a form of rule where all aspects of life and nation are governed based on strict interpretations of the Koran.

Hence, no development in the Middle East in the past two decades is more important or significant that the resurgence of Islamic fundamentalism. Also, nowhere is religious nationalism more evident than in the Middle East. Islamic nationalism  perhaps the most visible form of religious nationalism  combines fundamentalist religious orthodoxy with contemporary political institutions. Presently, the major dilemma for most countries in the Middle East is how to best maintain Islamic heritage and traditions in a modern, global world that offers many alternatives or variations to an economic lifestyle.

Article Critique A Proposal for Exclusionary Rule Reform

Donald Dripps, writing in a fairly recent edition of the American Criminal Law Review, proposed and defended a new approach to Fourth Amendment jurisprudence and the exclusionary rule.  This proposal was rooted in the well-established debates that have arisen about the constitutional soundness and the perceived judicial abuses that have occurred as a result of evidence being excluded in criminal trials for violations of Fourth Amendment protections as they pertain to searches and seizures.  Indeed, as noted by Dripps, Few debates in American law are as sustained, or as bitter, as the debate over the exclusionary rule. HYPERLINK httpwww.questia.comPM.qstaod5000980093(Dripps, 2001, p. 1)

Advocates of the exclusionary rule have argued that it is a necessary constitutional remedy, that police will have no incentive to conform to minimum Fourth Amendment restrictions without an effective remedy for violations, and that monetary damage awards are an inadequate remedy in criminal proceedings.  Critics, on the other hand, have argued that the exclusionary rule is a judicially-created doctrine not rooted in the constitutional text, that it creates an incentive for law enforcement and judges to be dishonest in the presentation and interpretation of facts, and that it ultimately threatens the integrity of the criminal justice systems ideal pursuit of truth.  Both sides make important points, one reason the debate has been so bitter and persistent, and it is into this debate that Dripps steps for a new constitutional remedy involving search and seizure violations in a criminal context.

What Dripps proposes is a type of hybrid constitutional remedy, which he terms a contingent exclusionary rule, which combines the exclusionary rule with a monetary damages type of remedy traditionally associated with tort claims.  Specifically, he states that The gist of the proposal is that courts should begin to experiment with suppression orders that are contingent on the failure of the police department to pay damages set by the court. HYPERLINK httpwww.questia.comPM.qstaod5000980093(Dripps, 2001, p. 3)  He suggests this type of exclusionary rule in situations in which police misconduct is not intentional for knowing violations of the Fourth Amendment search and seizure rules, for example, he suggests that the mandatory application of the exclusionary rule should remain in order to deter and punish intentional violations of constitutional restrictions.  Suggesting that many search and seizure violations fall short of intentional violations, perhaps as a result of police ignorance or unusual circumstances, he also argues that the contingent exclusionary rule would apply in the majority of criminal cases.  He supports many benefits in support of this type of reform of the exclusionary rule.  First, he argues that this type of contingent exclusionary rule will serve the interests of justice because truth will be better promoted.  Truth will be promoted because police officers and judges will not be inclined to fudge the facts in order to secure a criminal conviction when there is some viable Fourth Amendment violation that ought to lead to a suppression order specifically, the exclusionary rule sometimes does cost convictions that the Fourth Amendment did not forbid. HYPERLINK httpwww.questia.comPM.qstaod5000980093(Dripps, 2001, p. 7)  

This cost, he believes, will be reduced or eliminated.  Second, he argues that a tort remedy will protect both the innocent and the guilty against unconstitutional searches better than mere exclusion.  This is related to the third perceived benefit which is the function that a tort remedy will serve in the form of a deterrent against unconstitutional searches.  Local and state governments, potentially being liable for Fourth Amendment violations, would demand and enforce better training and education programs for law enforcement agencies and officers within their governmental jurisdiction.  Fourth, noting that Critics claim that low suppression rates reflect police perjury and judicial hypocrisy HYPERLINK httpwww.questia.comPM.qstaod5000980093(Dripps, 2001, p. 9), he argues that this hybrid type of constitutional remedy will encourage ethical police and judicial practices much more effectively than does the current exclusionary rule.  A fifth proffered advantage is that the courts, rather than law-and-order legislatures, can set the damages and therefore remove the constitutional issues from political bickering more particularly, the contingent exclusionary rule solves the political problem because the federal courts would be setting the damages. HYPERLINK httpwww.questia.comPM.qstaod5000980093(Dripps, 2001, p. 2)  Finally, and the heart of the argument, is that the all-or-nothing debate that has attended the exclusionary rule as a constitutional remedy will be mooted in a manner that preserves a constitutional remedy for Fourth Amendment violations in the face of increasing calls for the abolishment of the exclusionary rule.

Facially, the rule seems fairly sound and it also seems to promote a transparent judicial process and a fairer approach to constitutional interpretation in criminal cases.  If governing municipality or state fails to pay damages set by the court for a Fourth Amendment violation then a suppression order will issue on the other hand, if the damages are paid, then the suppression order will not issue.  There are, however, a couple of important problems with such a proposal.  First, law enforcement is to a large extant local.  This means that a police departments budget and the local resources are heavily dependent on local tax bases.  If would hardly be surprising to see, if the contingent exclusionary rule were implemented, rich municipalities like Beverly Hills that could buy out the suppression orders and poor municipalities that did not have the money to pay the damages necessary to buy out the suppression orders.  A Beverly Hills, as a result, could effectively sanction through its wealth the consistent violation of the Fourth Amendment because it could always agree to pay damages in order to politically promote law and order.  This would create more ethical and political problems than it solved.  It would mean, with respect to evidence obtained in violation of the Fourth Amendment, that different constitutional standards would arise depending on a municipality or governmental units tax base and financial resources.  Second, rather than function as a blanket deterrent against Fourth Amendment violations, the contingent exclusionary rule might actually do the reverse that is, because police officers in richer areas know they can violate the constitution and still secure convictions, they may collude with local prosecutors and local politicians in certain cases to intentionally violate the Fourth Amendment and then cover up their intention.  This, in short, is hardly an abstract fear.

In the final analysis, there is no doubt that the exclusionary rule has passionate defenders and fierce critics.  Even a cursory review of the academic literature demonstrates that both sides raise valid points and concerns.  The contingent exclusionary model, while notable for its good intentions, would lead to more problems than solutions most frightening, it might lead to the creation of different constitutional standards in effect because richer areas would be more able to circumvent suppression orders whereas poorer areas would not.  This type of bifurcated approach to the Fourth Amendment is unfair and an unwise path to travel.

Florida Safe Haven Law Addressing At-Risk Citizens and Reforming the Criminal Justice System

Introduction
A shocking series of cases involving child abuse, hidden pregnancies, and infanticide motivated the fairly recent movement to enact Safe Haven Laws in all fifty states.  Most of these cases were highly publicized in the latter half of the 1990s and the fact that these cases involved newborn infants created a national consensus that is normally difficult to achieve in an America most frequently characterized by its diversity of opinion.  One of these cases involved a teen couple who left their live newborn baby in a hotel dumpster in 1997 another case involved a college woman who gave birth in her sorority house, proceeded to sever the newborn infants umbilical cord with a pair of scissors, and when she later returned from class she discovered the baby was dead and she disposed of it in a nearby dumpster. (Fathers are Parents Too Challenging Safe Haven Laws with Procedural Due Process, 2004, p. 877)  These are merely two illustrations of what was perceived at the close of the twentieth century to have become a pressing national issue.  American parents needed help, the newborn infants needed help, and Texas became the first state to create and enact a type of Safe Haven Law.  The purpose of this type of statutory enactment was to provide safe havens where newborn infants could be dropped off and cared for if the mother or the parents felt unable to properly care for the newborn infant.  The reasoning and the public policy underlying this type of legislation was premised on the notion that these types of horrific cases could be substantially minimized if the state provided assistance to confused or stressed parents in moments of indecision or personal crisis.  As more and more states followed Texas lead, and enacted their own Safe Haven Laws, the goals and the objectives become more broadly declared for instance, it was hoped that these types of laws would reduce child abuse, reduce the abortion rate, and decrease child mortality rates.

Florida enacted its own version of a Safe Haven Law, the precise provisions of each states versions not being uniform, and public officials and Floridians hoped that the noble goals underlying the statutory framework would be realized.  As these state laws are of a very recent origin, however, few empirical studies have been concluded.  Whether the stated goals are being achieved is therefore the subject of much debate.  In order to better explain how Florida is attempting to achieve these worthwhile goals, and the shortcomings that need to be addressed by policy makers in order to make this type of criminal justice reform more viable, this paper will discuss Floridas Safe Haven Law and how this statutory framework is intended to help in reducing child abuse, the abortion rate, and child mortality.

Florida Safe Haven Law  Statutory Framework and Criminal Justice Shortcomings
Floridas Safe Haven Law is fairly limited in scope, mirroring in this respect similar laws in other states, and basically provides that parents may legally leave or otherwise abandon their newborn infants at places that are statutorily designated as safe havens.  What the Florida legislature has sought to accomplish, in effect, is the creation of mechanisms for ensuring the proper care of newborn infants by decriminalizing abandonment.  The rationale, and a quite persuasive one, is that it is far better for the parents, the newborn infant, and society generally if safe havens can be created to accept unwanted infants rather than having them placed in dumpsters or other less than ideal places.  It is important to acknowledge, however, that this decriminalization policy is very narrow in scope indeed, the Florida law provides that the term newborn infant means a child who a licensed physician reasonably believes is approximately 7 days old or younger at the time the child is left (Florida Safe Haven Law 383.50(1)).  There is therefore a very small window opportunity for parents to avail themselves of this legal protection.  Technically, though the reasonable belief language in the statute may provide the physician with some minor discretion that might slightly extend the statutory period, this grant of decriminalization does not extend to the newborn infants eighth day of existence outside the mothers womb.  The implication of this limited time frame may turn out to be that the larger statutory objectives may not be satisfied partially because of the very brief time frame.  Floridas legislators have therefore gambled that a seven day decriminalization period will significantly affect child abuse, abortion, and child mortality.  This will be discussed more fully in the next section of the paper.

In addition to its narrow scope in terms of defining a newborn infant for purposes of a brief decriminalization of child abandonment, the Florida Safe Haven Law creates statutory safe havens that may prove intimidating to parents whom might otherwise take advantage of the laws benefits.  More particularly, the Florida Safe Haven Law designates safe havens to include a hospital, an emergency medical services station, or fire station. (Florida Safe Haven Law 383.50(1))  Superficially, this may seem to be a comprehensive enough designation of safe havens the professionals employed at these sites, to be sure, are highly qualified and probably in the best position to make health decisions and provide immediate care.  A more careful examination, however, also suggests that these same professionals wear standard uniforms and that they are vested with, at the very least, the appearance of state authority.  Parents in turmoil may very well hesitate to avail themselves of these designated safe havens for fear of getting into trouble.  It is true that the Florida Safe Haven Law allows for the parents to remain anonymous, absent cases where there is actual or suspected child abuse or neglect (Florida Safe Haven Law, 2009, section 383.50(5)), but parents making decisions within this narrow seven day window are likely to be suspicious and fearful of highly public places and people in uniform.  Florida might have been better off creating a more expansive designation of safe havens, while still ensuring that individuals with relevant skills would work or reside at those safe havens, and thereby reducing feelings of intimidation and fear.

What emerges from a review of Floridas statutory framework is an extremely limited type of Safe Haven Law.  It is limited in terms of time and in terms of designated safe havens.  The following section of this paper will discuss why this narrow scope may actually operate to defeat the underlying goals that motivated the legislative enactment.

Florida Safe Haven Law  Statutory Objectives and Steps for Reform
There has tended to have been widespread agreement in the media, policymaking circles, and the academic community to the effect that Safe Haven Laws are a good idea.  In Illinois, for instance, one newspaper proudly declared that Since the law was enacted, more than 20 infants have been safely handed over, however more than twice that many have been left elsewhere to die. Consequently, activists are stepping up their efforts to raise awareness about the safe haven law. HYPERLINK httpwww.questia.comPM.qstaod5014529902(Teen Doing Part, 2006, p. 1)  In Maryland, to take but one of many more disappointing examples, both child welfare advocates and state politicians were distraught because

A newborn was found dead in a trash can Sunday night outside the home of his 17-year-old mother in Arnold. It was at least the eighth case of an abandoned infant since Marylands safe-haven law took effect in 2003. Since then, the state Department of Human Resources (DHR) has not documented a single instance of a baby being relinquished under the law, agency spokesman Norris West said.  HYPERLINK httpwww.questia.comPM.qstaod5011772549(Safe Haven Campaign Hit, 2005, p. B01)

It is fair to conclude from the early results that state Safe Haven Laws have not been nearly as effective as people had desired and hoped.  There is no firm empirical evidence as of yet that conclusively demonstrates that Safe Haven Laws have or can reduce child abuse, abortion, and child mortality.  Part of this lack of real substantive evidence derives from the simple fact that all of these laws are of a fairly recent origin and that empirical research takes time.  Still, despite this concession, the fact remains that there are troubling issues.  First, merely enacting these laws will not ensure that the citizens of any state will be aware of them or that they will understand the rights and the limitations indeed, in virtually every state there are calls for better education efforts with respect to Safe Haven Laws.  Second, as is the case with the Florida Safe Haven Law, very real problems arise from the extraordinarily narrow scope of the statutory decriminalization.  Assuming that Florida citizens are aware of the protection offered and the substantive provisions, the time frame and the designated safe havens are so limited as to provide little time for reflection and feelings of genuine fear and intimidation are likely.  These factors suggest that the very design of the Florida law may actually do very little to address problems related to child abuse, abortion, and child mortality moreover, there are other risk factors for these problems which are probably more compelling imperatives than a limited seven day window of opportunity.

In the final analysis, although well-intentioned, it is likely that the Florida Safe Haven Law will do very little to reduce child abuse, abortion, or child mortality unless it is first amended to make the decriminalization opportunity more user-friendly and also more pervasively publicized and explained to the entire population of Florida.

Societal implication of Abolishing Juvenile Courts

The juvenile courts have jurisdiction over delinquent youths who fall under certain age limits with the age 18 being the highest in most of the states. These courts are also bestowed with jurisdiction over unlawful conduct directed at juveniles such as parental neglect, abandonment, deprivation, as ell as abuse (Roberts, 2004). Therefore the abolishment of juvenile courts would mean that juvenile offenders are tried in adult criminal courts, and thus this would compromise the basic ideal of the juvenile courts role as a social welfare institution whose main objective is to rehabilitate juvenile offenders. Fairness and justice in trials of juveniles would be compromised (Feld, 1997). Still to note is the fact that the youths would be exposed to the possibilities of stiffer penalties such as capital punishments for crimes they committed as juveniles. It is important to note here that the adult courts have no proper structures and establishments to transform the character of juvenile offenders who may be forced to be with the adults and become hardened criminals (Feld, 1997).

Abolishing juvenile courts would put their jurisdiction as custodians of children rights into jeopardy. It is here to be noted that juvenile courts have the proper structures to offer protection over children whose rights have been violated or denied rights in the society (Roberts, 2004). For instance, parental neglect and child abuse cases are better addressed in juvenile courts. Therefore, abolishing these courts would mean high rates of violation of children rights, which in many cases translates into high rates of delinquent youths in the society, especially in cases of child neglect (Feld, 1997). These would contribute to high rates of crimes in the society.

It is the responsibility of the juvenile courts to transform the character of juvenile offenders. Therefore, the abolishment of the juvenile courts will impact negatively on the character of the juveniles and the security of the entire society.