Communicative practices in online and social media sometimes seem to amplify political conflict, and result in significant harms to people who become the targets of collective outrage. Many complaints that have been made about political correctness in the past, we argue, amount to little more than a veiled expression of resentment over the increasing influence enjoyed by progressive activists. But some complaints about political correctness take on a different complexion, in light of the technologically-driven changes to our communicative practices and (...) political discourse. Given the ways in which they are entangled in these new forms of online communication, well-meaning attempts to police the norms of political correctness may end up contributing to individual wrongs, or to destructive social patterns. In this paper we examine these worries, situate them in a broader sociological context, and offer some tentative proposals about how they might be addressed. (shrink)

In light of concerns about adolescent mental health, there is a need to identify and examine potential pathways to wellbeing in their daily lives. Outdoor environments can offer multiple pathways to wellbeing through opportunities for restoration, physical activity and socialising. However, urbanisation and new lifestyles revolving around the home and the internet are changing young people’s access, use and relationship to the outdoor environment. The authors point out how the research related to adolescents’ outdoor environments is generally not treated with (...) the same level of importance or as comprehensively as that for younger children. The aim of this paper is to pave the way for research and planning initiatives on everyday outdoor environments promoting the wellbeing of adolescents and the authors suggest ways in which perspectives from developmental psychology might inform the study of adolescents’ outdoor environments. The paper concludes by calling for an elevated focus on the role of outdoor environments in adolescents’ everyday lives as a source of wellbeing and more research that makes clear the specific attributes, activities and experiences related to places outdoors which make adolescents feel good. (shrink)

This article provides an analysis of the issues and ethical challenges faced in a study with LGBTIQ student participants concerning their experiences of violence, harassment and bullying in tertiary settings. The authors detail the ethical challenges behind the development of the project, and around conducting research with a minority and vulnerable population. The article illustrates how the utilization of feminist and queer theory has impacted the process of conducting ethical research, including approaches to recruitment and participant autonomy. The dilemmas of (...) confidentiality within a self-labelled and easily identifiable population are resolved. Further, unexpected challenges and risks to participant safety created through adherence to institutional ethical research frameworks are rectified. Importantly, the authors seek to avoid revictimization of participants and to instead empower students in their responses to violence, harassment and bullying that they may have experienced. The authors point to utilization of theoretical foundations and continual reflexive improvement as elements of best practice for those seeking to research minority populations, and in projects marked by the participation of those deemed vulnerable and high-risk. (shrink)

England and Wales are moving toward a model of ‘opt out’ for use of personal confidential data in health research. Existing research does not make clear how acceptable this move is to the public. While people are typically supportive of health research, when asked to describe the ideal level of control there is a marked lack of consensus over the preferred model of consent. This study sought to investigate a relatively unexplored difference between the consent model that people prefer (...) and that which they are willing to accept. It also sought to explore any reasons for such acceptance. (shrink)

This chapter examines Irish and Anglo-Saxon metalwork in Wales during the pre-Viking period from 400 to 850. The findings indicate that the conscious creation or adaptation of distinctive glitter in metalwork was used to convey the social position, legitimacy, and cultural leanings of some groupings during the early medieval period. The chapter also explains that while it can be argued that the native material culture of some people of Wales became progressively distinctive in parallel with a growing sense (...) of self-identification as Cymru, highly complex patterns of regional variation and expressions of identity appear to have existed. (shrink)

ObjectiveTo examine health and social care professionals’ understanding of the legislation governing research involving adults lacking mental capacity in England and Wales.MethodsA cross-sectional online survey was conducted using a series of vignettes. Participants were asked to select the legally authorised decision-maker in each scenario and provide supporting reasons. Responses were compared with existing legal frameworks and analysed according to their level of concordance.ResultsOne hundred and twenty-seven professionals participated. Levels of discordance between responses and the legal frameworks were high across (...) all five scenarios. Nearly half of the participants provided responses that were discordant in all scenarios. Only two participants provided concordant responses across all five scenarios.DiscussionParticipants demonstrated a lack of knowledge about the legal frameworks, the locus of authority and the legal basis for decision-making. The findings raise concern about the accessibility of research for those who lack capacity, the ability to conduct research involving such groups and the impact on the evidence base for their care.ConclusionThis is the first study to examine health and social care professionals’ knowledge and understanding of the dual legal frameworks in the UK. Health and social care professionals’ understanding and attitudes towards research involving adults with incapacity may warrant further in-depth exploration. The findings from this survey suggest that greater training and education is required. (shrink)

Most of the serious thinking I have done over the past twenty years has been done while running.'Mark Rowlands has run for most of his life. He has also been a professional philosopher. And for him the two - running and philosophising - are inextricably connected. In Running with the Pack he tells us about the most significant runs of his life - from the entire day he spent running as a boy in Wales, to the runs along (...) French beaches and up Irish mountains with his beloved wolf Brenin, and through Florida swamps more recently with his dog Nina. Intertwined with this honest, passionate and witty memoir are the fascinating meditations that those runs triggered. He ends by describing running a mid-life marathon with absolutely no training. Woven throughout the book are profound meditations on mortality, midlife and the meaning of life. This is a highly original and moving book that will make the philosophically inclined want to run, and those who love running become intoxicated by philosophical ideas. (shrink)

The recent publication of a couple of guidebooks to some of the many crags around Armidale (in the New England area of northern New South Wales) has resulted in a bit of interest from outof-towners. (So far guides have been published on Dome Wall and Moonbi, arguably the best two crags in the district.) This article aims to give a bit of inside information on some of the climbs and, hopefully, entice some new blood (and splintered bone) to the (...) area. Fortunately, however, from your point of view as baggees and potential baggees, Armidale is a very good place to be— there are no scary routes and everything is fairly graded (particularly if you are in the back bar of the Wicklow Hotel). This, naturally enough, makes my job as bagger very difficult; however, I’ll do my best. (shrink)

A decade has now passed since the House of Lords removed the immunity from suit in negligence previously enjoyed by advocates in England and Wales. The small number of cases decided against barristers since the removal of the immunity indicates that the closeness of the relationship between barristers and the judiciary may give rise to issues of perceived judicial impartiality. This paper argues that the standard of care applied to barristers may be more generous than that applied to other (...) professions. This is because the courts emphasise the importance of barristers' independence and the judiciary also have a direct interest in avoiding defensive practices on the part of barristers. Expert evidence is uncommon in negligence claims against barristers, placing the judge in the dual role of expert and adjudicator. The paper also considers the principles developed to address actual, apparent and presumed bias on the part of judges and the principles enshrined in Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. In concluding, possibilities are explored for redressing the balance in barristers' negligence claims and removing the perception of bias which may currently taint such claims. (shrink)

One clear indication of the increasing use of the written word in western Europe from the twelfth century onwards was the compilation of an unprecedentedly diverse and numerous body of legal texts. In part, the growing textualization of law built on earlier foundations. This was particularly true of Roman law, whose rediscovery in Italy in the late eleventh century led to a revival in the study of law. At the same time, the expansion of papal power from the second half (...) of the eleventh century accelerated the production of new collections of canon law, whose compilers sought to impose order upon a mass of written law going back to the earliest councils of the church and also to integrate contemporary additions to that law resulting from conciliar and papal legislation. Yet the diversification of legal writing also owed much to the compilation of texts of secular customary law, in both Latin and the vernacular. In some societies, such as Iceland and Scandinavia, these texts marked the beginning of written law; in others, including England, France, Germany, and, above all, Italy, where law and legislation had been written earlier in the Middle Ages, the custom of particular kingdoms or provinces was committed to writing in new forms with the compilation of coutumiers. Although their relationship to earlier Welsh legal writing is unclear, the lawbooks of medieval Wales provide a further instance of this textualization of secular custom. (shrink)

Globally, performative spaces and venues of artistic creativity are governed by sets of conventions which impact the creative process. In this article, we discuss the experiences of four different creatives, operating in four different creative spaces. A poet and football player, a theatre producer and script writer, a gallery curator, and a ballet dancer have all shared their experiences of how traditionally white and heteronormative discourses regulate their respective creative spaces, the ways they conform to or transgress these norms, and (...) the ways their interactions with their chosen creative spaces affect their creativity. These creatives have identities which are somehow ‘marked’, somehow ‘different’ from the ‘norms’ Wales and South-West England. Whether members of the LGBTQ+ community, migrants to Wales from European and Caribbean countries, or being a different race to many around them, the creatives all have complicated interactions with the norms of their creative spaces within Wales and South-West England. These creative’s identities often clash with an entrenched lack of diversity and the broader expectations of British society. Despite, or perhaps, because of, these conflicts and tensions, each of the creatives discussed here found immense joy in the relationship between their identity/ies and their creative spaces and discovered how their own identity/ies are a central driving force for their creativity. Regardless of the differences of their mediums, each creative interviewed sought to centre their identity, to help them create art which can challenge dominant white and heteronormative discourses in wider British society. (shrink)

Purpose This study aims to explore how health informatics can underpin the successful delivery of recovery-orientated healthcare, in rural and remote regions, to achieve better mental health outcomes. Recovery is an extremely social process that involves being with others and reconnecting with the world. Design/methodology/approach An interpretivist study involving 27 clinicians and 13 clients sought to determine how future expenditure on ehealth could improve mental health treatment and service provision in the western Murray Darling Basin of New South Wales, (...) Australia. Findings Through the use of targeted ehealth strategies, it is possible to increase both the accessibility of information and the quality of service provision. In small communities, the challenges of distance, access to healthcare and the ease of isolating oneself are best overcome through a combination of technology and communal social responsibility. Technology supplements but cannot completely replace face-to-face interaction in the mental health recovery process. Originality/value The recovery model provides a conceptual framework for health informatics in rural and remote regions that is socially responsible. Service providers can affect better recovery for clients through infrastructure that enables timely and responsive remote access whilst driving between appointments. This could include interactive referral services, telehealth access to specialist clinicians, GPS for locating clients in remote areas and mobile coverage for counselling sessions in “real time”. Thus, the technology not only provides better connections but also adds to the responsiveness of any treatment available. (shrink)

A grandfather clause is a provision whereby an old rule continues to apply to some existing situation while a new rule applies to all future cases. This paper focuses on the use of grandfather clauses in health technology appraisals (HTAs) issued by the National Institute for Health and Care Excellence (NICE) in the United Kingdom. NICE provides evidence‐based guidance on healthcare technologies and public health interventions that influence resource allocation decisions in the National Health Service (NHS) and the broader public (...) sector in England and Wales. In this context, a grandfather clause is included when NICE does not recommend treatment with a given technology. The grandfather clause provides an exemption from the general recommendation for patients who have already started treatment with the technology in question, before the publication of the NICE guidance. In this paper we first lay out the contexts in which grandfather clauses occur in NICE guidance, and then consider ethical arguments against and in support of grandfather clauses and the continuation of treatment. We argue that NICE’s current practice of automatic inclusion of a grandfather clause is ethically problematic and unfair. While the inclusion of a grandfather clause may be appropriate and justified in specific cases, we argue that inclusion of such a clause should be considered as part and parcel of the decision making process on a case by case basis, rather than adopted as the default. (shrink)

Scotland’s Enlightenment and Britain’s Empire were inseparably entwined, such that the former’s conceptualisation of humanity bore the indelible impression of the latter. We argue here that, by tracing the career and writings of one among a much wider range of travellers educated in Edinburgh in the last years of the eighteenth century, the connections between Scotland’s Enlightenment and colonisation can be usefully explored. Alexander Berry (1781–1873) was educated in medicine at the University of Edinburgh between 1798 and 1800 and then (...) travelled to China, Australia, Fiji, and Aotearoa/New Zealand, before eventually becoming a prosperous landowner at Shoalhaven on the South Coast of New South Wales. Throughout it all, Berry speculated on the humanity of diverse peoples he interacted with as physician, merchant, landowner, and as a natural historian. His career exemplifies the entangled commercial, colonial, and scientific interests that characterised the global circulation of Enlightenment knowledge in the context of Britain’s expanding Empire. From the intimacy of his encounters with non-European and Indigenous peoples, and the trans-imperial networks of trade and expertise in which he was engaged, his speculations on humanity bore the marks of both Enlightenment and Empire. (shrink)

In the UK, current policies and services for people with mental disorders, including those with intellectual disabilities (ID), presume that these men and women can, do, and should, make decisions for themselves. The new Mental Capacity Act (England and Wales) 2005 (MCA) sets this presumption into statute, and codifies how decisions relating to health and welfare should be made for those adults judged unable to make one or more such decisions autonomously. The MCA uses a procedural checklist to guide (...) this process of substitute decision-making. The personal experiences of providing direct support to seven men and women with ID living in residential care, however, showed that substitute decision-making took two forms, depending on the type of decision to be made. The first process, ‘strategic substitute decision-making’, paralleled the MCA’s legal and ethical framework, whilst the second process, ‘relational substitute decision-making’, was markedly different from these statutory procedures. In this setting, ‘relational substitute decision-making’ underpinned everyday personal and social interventions connected with residents’ daily living, and was situated within a framework of interpersonal and interdependent care relationships. The implications of these findings for residential services and the implementation of the MCA are discussed. (shrink)

Background: The ability to save the life of an extremely premature baby has increased substantially over the last decade. This survival, however, can be associated with unfavourable outcomes for both baby and family. Questions are now being asked about quality of life for survivors of extreme prematurity. Quality of life is rightly deemed to be an important consideration in high technology neonatal care; yet, it is notoriously difficult to determine or predict. How does one define and operationalise what is considered (...) to be in the best interest of a surviving extremely premature baby, especially when the full extent of the outcomes might not be known for several years? Research question: The research investigates the caregiving dilemmas often faced by neonatal nurses when caring for extremely premature babies. This article explores the issues arising for neonatal nurses when they considered the philosophical and ethical questions about quality of life in babies ≤24 weeks gestation. Participants: Data were collected via a questionnaire to Australian neonatal nurses and semi-structured interviews with 24 neonatal nurses in New South Wales, Australia. Ethical considerations: Ethical processes and procedures have been adhered to by the researchers. Findings: A qualitative approach was used to analyse the data. The theme ‘difficult choices’ was generated which comprised three sub-themes: ‘damaged through survival’, ‘the importance of the brain’ and ‘families are important’. The results show that neonatal nurses believed that quality of life was an important consideration; yet they experienced significant inner conflict and uncertainty when asked to define or suggest specific elements of quality of life, or to suggest how it might be determined. It was even more difficult for the nurses to say when an extremely premature baby’s life possessed quality. Their previous clinical and personal experiences led the nurses to believe that the quality of the family’s life was important, and possibly more so than the quality of life of the surviving baby. This finding contrasts markedly with much of the existing literature in this field. Conclusion: Quality of life for extremely premature babies was an important consideration for neonatal nurses; however, they experienced difficulty deciding how to operationalise such considerations in their everyday clinical practice. (shrink)

Many studies have shown that women are more likely than men to be living kidney donors, and the discrepancy is particularly marked in heterosexual couples: wives are more likely than husbands to donate a kidney to their spouse. This ‘ Gender Kidney Donation Gap’ can be understood in terms of Carol Gilligan’s claims about gender differences in ethical decision-making style, making it appropriate to analyse responses to this imbalance using an ethic of care. This article centres the vast majority of (...) living donors, those who donate in the context of a significant pre-existing relationship. A cost-neutral approach is unfair on donors who make society richer and healthier by helping a loved one. However, models of kidney sale fail to offer an acceptable alternative, either (a) compelling donors to sell into a pool where they do not know the recipient or (b) allowing affluent individuals unfair access to kidneys. Drawing on surrogacy law in England and Wales, a model of compensation is proposed that includes a range of non-financial benefits. This option celebrates donation and expresses gratitude to all donors while avoiding the pitfalls of the marketplace, with an emphasis on fair treatment of donors. Nevertheless, if more generous treatment led to a 10% increase in directed donation, then it would be equivalent to doubling ‘altruistic’ stranger donations. As long as the Gender Kidney Donation Gap persists, the best response is to minimise the discomfort and disruption caused to donors by their profound act of kindness. (shrink)

Since at least as far back as the infamous Derek Bentley case of the 1950s in which an unarmed 19-year-old was convicted and executed for murder based on his alleged uttering of the words _let him have it_ to his gun-wielding accomplice, the issue of incitement has been positioned firmly as an object of interest for forensic linguists. An example of a language crime—i.e. an unlawful speech act (as reported by Shuy in Language crimes: The use and abuse of language (...) evidence in the courtroom, Wiley Blackwell, Hoboken, 1993) the features of incitement—formalized as _intentionally encouraging or assisting others to commit an offence_ in the law of England & Wales under section 44 of the Serious Crime Act 2007 (https://www.legislation.gov.uk/ukpga/2007/27/contents)—have been widely debated by linguists and legal scholars alike. This paper draws on two webinars hosted by The Hunting Office in August 2020, which were subsequently leaked by the Hunt Saboteurs Association. Featuring senior figures from the hunting community addressing a nationwide audience of hunt masters, the webinars led to a police investigation and subsequent prosecution and conviction of one of the main speakers, Mark Hankinson, for _encouraging or assisting others to commit an offence under the Hunting Act 2004_. In this paper I explore what, linguistically, is meant by _encouraging or assisting_. Through corpus-assisted pragmatic and discourse analyses I interrogate the webinars to address the question of how precisely Hankinson implied his encouragement of illegal hunting with dogs. The phenomena of collocation and semantic prosody are crucial for understanding how such meanings came to be attached to the contributions Hankinson makes to the webinars. Moreover the paper will examine the contributions of other speakers and demonstrate that the same incriminating linguistic patterns in Hankinson’s talk are also evident in that of those who were not prosecuted. (shrink)

The galvanising purpose of Federation was the creation of the Commonwealth and the distribution of power between it and the former colonies, simultaneously elevated to Statehood. But beyond this simple fact, consensus about Australian federalism has traditionally been elusive and is, if anything, only increasingly so. While the contemporary political debate over federal reform proceeds from a shared sense that our existing arrangements have manifest shortcomings, there is far from unanimity as to which of its particular features are strengths, and (...) which are deficiencies. The structure of this paper is as follows. In Part II, the range of understandings as to the character of the federal relationship between Australian governments is canvassed. Consideration is given to the views of the Constitution’s Framers and commentators, but most centrally to members of the High Court since these have brought about great change in federal arrangements. The significance of the Court’s marked preference for adhering only to constitutional structure and its inability or unwillingness to develop ‘a federal jurisprudence’ is examined in two respects. First, the effect of the Court’s arid Engineers’ Case methodology has been to reject any suggestion that fidelity to a concept of ‘federal balance’ is consistent with both the contents and purpose of the Constitution and also the principles of divided government. Particular consideration is given to the limitations of a commitment to federalism in only a structural sense, as revealed by the judicial reasons of the majority and dissenting judges in the recent case of New South Wales v Commonwealth. Second, the tension between competing assumptions of the kind of federal system established by the Commonwealth Constitution has produced an unstable and uncertain environment for the development of cooperative schemes between the Commonwealth and States. In Part III we consider how an attempt to ‘constitutionalise’ the relationship between the tiers of government as one underpinned by cooperation and respect would impact on the Court’s approach. Drawing on foreign constitutions, and adapting these in light of Australia’s politico-legal conditions and history, we suggest how a commitment to cooperative federalism might best be shaped for possible inclusion in the Commonwealth Constitution. (shrink)

The philosophy of “presence” seeks to challenge current understandings of meaning and understanding. One can trace its origins back to Vico, Dilthey, and Heidegger, though its more immediate exponents include Jean-Luc Nancy, Hans Ulrich Gumbrecht, and such contemporary philosophers of history as Frank Ankersmit and Eelco Runia. The theoretical paradigm of presence conveys how the past is literally with us in the present in significant and material ways: Things we cannot touch nonetheless touch us. This makes presence a post-linguistic or (...) post-discursive theory that challenges current understandings of “meaning” and “interpretation.” Presence provides an overview of the concept and surveys both its weaknesses and its possible uses. In this book, Ethan Kleinberg and Ranjan Ghosh bring together an interdisciplinary group of contributors to explore the possibilities and limitations of presence from a variety of perspectives—history, sociology, literature, cultural theory, media studies, photography, memory, and political theory. The book features critical engagements with the presence paradigm within intellectual history, literary criticism, and the philosophy of history. In three original case studies, presence illuminates the relationships among photography, the past, memory, and the Other. What these diverse but overlapping essays have in common is a shared commitment to investigate the attempt to reconnect meaning with something “real” and to push the paradigm of presence beyond its current uses. The volume is thus an important intervention in the most fundamental debates within the humanities today. Contributors: Bill Ashcroft, University of New South Wales; Mark Bevir, University of California, Berkeley; Susan A. Crane, University of Arizona; Ranjan Ghosh, University of North Bengal; Suman Gupta, Open University Ethan Kleinberg, Wesleyan University; John Michael, University of Rochester; Vincent P. Pecora, University of Utah; Roger I. Simon. (shrink)

This volume celebrates the remarkable career of Dr. Preston King, an African American political philosopher with an international reputation. King's first degree was from Fisk University (1956). He moved directly to the London School of Economics (LSE), completing his M.Sc. (Econ) in 1958 with a Mark of Distinction. He taught at LSE for the next two years. A scrap with Jim Crow America kept him in exile for the next 40 years. Major friends and influences at LSE were Professors (...) Sir Karl Popper, Michael Oakeshott, and Dr Bernard Crick. King took up subsequent lectureships at the Universities of Keele, Ghana, and Sheffield. He was Senior Research Assistant at the Acton Society Trust (London), then professor at the Universities of Nairobi, New South Wales (Sydney), Lancaster, returning at last to the USA as joint Woodruff Professor at Emory and Distinguished Professor at Morehouse. The essays comprising this volume are by internationally renowned figures. They creatively explore History, Toleration, and Friendship, as three seminal themes running through Preston King's sizeable oeuvre. This book's first third consists of essays on Time and History, with brilliant contributions by Professors Browning, Lawson, Moore, and Cherribi. The second third consists of essays on Time and Toleration, with memorable and penetrating analyses by Professors Jones, Read, Modood/Dobbernak, and Brown. The third part consists of essays on Time and Friendship, with offerings - both charming and insightful - by Professors Devere, Smith, and Coleman. The book concludes with a novel and captivating chapter by King himself, on the philosophy of time, which constitutes the substratum of so much of his work and reflection. (shrink)

In September 2020, relationships and sex education (RSE) became compulsory in all English secondary schools, and relationships education became compulsory in all English primary schools, marking a significant step forward in the fight to establish children's rights. Although the new RSE regime will help to ensure that many English schools provide pupils with a far more comprehensive RSE curriculum than ever before, the statutory guidance underpinning it includes a number of caveats that mean, although the subject is compulsory, not all (...) children will receive the same content. Arguably, along with the right to withdraw (which is often exercised on religious grounds), the most insidious of these ‘carve-outs’ allows faith schools to teach RSE according to their ‘distinctive religious character’. This exemption has been used to defend the use of religious RSE resources that critics maintain are misogynistic, homophobic and often draw heavily on pseudoscience, as well as to justify leaving certain topics (such as same-sex relationships or trans rights) out of classroom discussion altogether. Drawing on empirically informed normative case studies and recent reforms to the curriculum in Wales, I argue that faith-based carve-outs to RSE policy imperil children's access to a distinct package of educational goods. Using a recent framework for educational decision-making based on these goods developed by Brighouse et al. I go on to conclude that such policies are politically and morally unjustifiable (at least if one agrees that the relevant package of goods is desirable). I further maintain that, even when considered from the perspective of human rights law—which is often given as a pragmatic reason to allow more permissive policies with respect to teaching topics that may impinge upon parents’ deeply held convictions—there are no necessary grounds for governments to legislate for the subject to be circumscribed by the religious beliefs of parents or the faith ethos of the schools children attend. (shrink)

While the turn to vulnerability in law responds to a recurrent critique by feminist scholars on the disembodiment of legal personhood, this article suggests that the mobilization of vulnerability in the criminal courts does not necessarily offer female drug mules a direct path to justice. Through an analysis of sentencing appeals of female drug mules in England and Wales, this article presents a feminist critique of the dispositif of the person and its relation to vulnerability. Discourses on drug mules’ (...) vulnerability mobilize the trope of the colonial victim in need of protection, which is often translated into legal mercy. But mercy is rather an expression of biopower which inscribes not only fragility onto the bodies of drug mules by figuring them as exemplar paradigms of colonial subjectivity, but also reinvigorates the dispositif of gender implicit in the legal person. In this set-up, it would appear as if law and politics totalize the registers of life, in this case the contours of vulnerable body. The article suggests we must revisit the image of the wounded body in order to carve out a space for resistance. Drawing on Elaine Scarry and Judith Butler, it suggests vulnerable bodies are marked by a semiotic openness, which renders them subject to appropriation but also able to signify the precarity produced by the law through their resistance to representation. (shrink)

This article focuses on service provision for women who are involuntarily referred under the UK Mental Health Act (1983) into medium and high security care in England and Wales. We explore how physical and procedural security in such settings is prioritized over relational care (see also Fallon Report, Department of Health, 1999a and NHS Executive, 2000 – Tilt Report). We are not arguing against the importance of protecting the public from the acts of dangerous members of our society. However, (...) we are arguing that many of the women in our secure services are inappropriately placed and receive inappropriate forms of treatment and care. Rather than physical security, it is high relational care, which the women require. Further, we argue that current service provision often re-produces forms of violence and violation which have marked many of women's lives prior to their entry into the secure system. (shrink)

In the wake of three high-profile judicial decisions concerning the use of human biological materials, the editors of this collection felt in 2011 that there was a need for detailed scholarly exploration of the ethical and legal implications of these decisions. For centuries, it seemed that in Australia and England and Wales, individuals did not have any proprietary interests in their excised tissue. Others might acquire such interests, but there had been no clear decision on the rights or otherwise (...) of the persons from whom the tissue was obtained. In 2009, however, the Court of Appeal of England and Wales recognised a limited exception to this position in Jonathan Yearworth and others v North Bristol NHS Trust . In that case, the Court held that the appellants, who had deposited semen samples for freezing before they undertook treatment for cancer, had “for the purposes of a claim in negligence … ownership of the sperm which they had ejaculated”. One year later, the Supreme Court of Queensland, Australia, took a similarly property-based approach to determining how a semen sample stored shortly before death should be dealt in Bazley v Wesley Monash IVF . According to that court, the co-executors of the estate had sufficient proprietary interests in the semen to legally demand its return from the laboratory where it was held. In 2011, the New South Wales Supreme Court similarly found that the widow of a recently deceased man had a right to possession of his semen in Joceyln Edwards; Re the estate of the late Mark Edwards .In the editors’ view, these decisions signalled a turning point in the Anglo-Australian jurisprudence in this area, taking the law a step beyond the decisions of the late 20th century such as R v Kelly , in which possessory rights were found …. (shrink)

This paper documents a quantitative study into socially responsible principles and practices adopted in registered clubs in New South Wales Australia to manage one of their social impacts – problem gambling. The survey utilised an adapted version of Aupperle''s (1982) corporate social responsibility instrument to measure the priority given to economic, legal, ethical and discretionary principles in club machine gambling operations. The survey also assessed support for certain management practices in responsible gambling. The results indicate that the participating club (...) managers prioritise economic, legal, ethical and discretionary principles respectively, and that these are statistically related to practices they have implemented and support in responsible gambling. The managers most favoured secondary harm minimisation practices, followed by reactive primary intervention. Less favoured were proactive primary intervention and discretionary practices. These principles and practices contrast markedly with those advocated by key stakeholder groups, as expressed in semi-structured interviews and submissions to the NSW Gaming Inquiry. Non-industry stakeholders favoured a more balanced set of principles and a more holistic set of management practices in responsible gambling. The results also provide validation of Aupperle''s (1982) instrument when applied to corporate management of a single social impact and for Carroll''s (1979, 1991) construct of corporate social responsibility. (shrink)

Gregory the Great depicts himself as a contemplative who, as bishop of Rome, was compelled to become an administrator and pastor. His theological response to this existential tension illuminates the vexed questions of his relationships to predecessors and of his legacy. Gregory develops Augustine’s thought in such a way as to satisfy John Cassian’s position that contemplative vision is grounded in the soul’s likeness to the unity of Father and Son. For Augustine, “mercy” lovingly lifts the neighbor toward life in (...) God. Imitating God’s own love for humankind, this mercy likens the Christian to God’s essential goodness and, by this likeness, prepares him or her for the vision of God, which Augustine expects not now but only in the next life. For Augustine, the exercise of mercy can—when useful—involve a shared affection or understanding. Gregory makes this shared affection essential to the neighborly love that he calls “compassion.” In this affective fellowship, Gregory finds a human translation of the passionless unity of Father and Son—so that, for Gregory, compassion becomes the immediate basis for and consequence of seeing God—even in this life. Compassion does not degrade; rather, it retrenches the perfection of contemplation. Reconciling compassionate activity and contemplative vision, this creative renegotiation of Augustine and Cassian both answered Gregory’s own aspirations and gave to the tumultuous post-Imperial West a needed account of worldly affairs as spiritual affairs. (shrink)

Compelling voices charge that the theological notion of “sacrifice” valorizes suffering and fosters a culture of violence by the claim that Christ’s death on the Cross paid for human sins. Beneath the ‘sacred’ violence of sacrifice, René Girard discerns a concealed scapegoat-murder driven by a distortion of human desire that itself must lead to human self-annihilation. I here ask: can one speak safely of sacrifice; and can human beings somehow cease to practice the sacrifice that must otherwise destroy them? Drawing (...) on Gregory the Great (ca. 540–604), I propose an understanding of sacrifice that both distinguishes Christian sacrifice from sacred violence and accounts for how to overcome the roots of the sacred violence identified by Girard. I make four claims: First, Girard recognizes two kinds of sacrifice—one, the scapegoat murder, overcomes community rivalries by unanimous imitation of an accuser, shifting blame onto a third party who is collectively murdered; the other sort of sacrifice practices renunciation and forgiveness in imitation of God. These I respectively designate the “Satanic” (Girard’s term) and the “theomimetic” (mine). Second, I analyze the intrinsic instability that keeps the Satanic from sustaining the societal order and unity that it promises. Third, by a constructive reading of Gregory the Great, I posit that satanic sacrifice overlooks and indeed exacerbates the root of human covetousness—a failure to love. Fourth, Gregory’s teaching on the imitation of Christ enables us to expand on Girard’s account of the theo¬mimetic sacrifice of renunciation, to clarify how this latter might not only oppose but also systematically subvert the Satanic by healing the disorder out of which mimetic rivalry and scapegoating first take their rise. (shrink)

This article addresses the issue of professionalization in the life sciences during the second half of the nineteenth century through a survey of British entomological periodicals. It is generally accepted that this period saw the rise of professional practitioners and the emergence of biology (as opposed to the older mode of natural history). However, recent scholarship has increasingly shown that this narrative elides the more complex processes at work in shaping scientific communities from the 1850s to the turn of the (...) century. This article adds to such scholarship by examining the ways in which the editors of four entomological periodicals from across this time frame attempted to shape the communities of their readership, and in particular focuses upon the apparent divide between ‘mere collectors’ and ‘entomologists’ as expressed within these journals. Crucially, the article argues that non-professional practitioners were active in defining their own distinct identities and thereby claiming scientific authority. Alongside the periodicals, the article makes use of the correspondence archive of the entomologist and periodical editor Henry Tibbats Stainton (1822–1892), which has hitherto not been subject to sustained analysis by historians. (shrink)

In a friendly interdisciplinary debate, we interrogate from several vantage points the question of “personhood” in light of contemporary and near-future forms of social AI. David J. Gunkel approaches the matter from a philosophical and legal standpoint, while Jordan Wales offers reflections theological and psychological. Attending to metaphysical, moral, social, and legal understandings of personhood, we ask about the position of apparently personal artificial intelligences in our society and individual lives. Re-examining the “person” and questioning prominent construals of that (...) category, we hope to open new views upon urgent and much-discussed questions that, quite soon, may confront us in our daily lives. (shrink)

In this article, I explore a possible ‘conversation’ between a leading African political sociologist, Peter P. Ekeh, in his theory of ‘two publics’, and the late French philosopher, historian and social theorist, Michel Foucault, in his theory of governmentality. I examine the ‘lingering effects of colonialism’ and point to how Ekeh’s insight and its usefulness for examining the politico-cultural consequences of colonialism in terms of the conduct of conduct in the public realm can be further enriched by relating it to (...) the deeply penetrating insight on the nature of power and domination articulated through the concept of governmentality and sovereign power. The paper concludes that Ekeh’s thesis is particularly suitable for interrogating governmentality and its useful insights for understanding public life in Africa because, like Foucault’s theory of governmentality, it is grounded on a historical account of contemporary processes of socio-political and economic configuration. (shrink)

Whatever the world thinks, he who hath not much meditated upon God, the human mind, and the summum bonum, may possibly make a thriving earthworm, ...