The rule against bias is a central tenet of English law and it also impacts on collegiate courts which typically exercise appellate/review jurisdictions over their professional or student members. This is true of the Bar Standards Board which has established the adjudicatory bodies to enforce its regulatory framework and has vested the procedure of fair trials upon the Council of the Inns of Court which is responsible for appointing the Disciplinary Tribunal panels that conduct hearings for professional misconduct. The (...) COIC has been exposed for ‘irregularities’ in the findings of guilt against barristers who have been adjudged by non-qualified judges. In R v Visitors to the Inns of Court and Ors [2014] EWCA Civ 1630, the Court of Appeal ruled that a disciplinary tribunal or a panel of visitors appointed from barristers or lay representatives outside its pool of enrolled judges would still ensure independence and guarantee freedom from outside pressure. The impugned tribunal members who were not entitled to sit nevertheless had authority to act as de facto judges. This part of the ruling reinforces the regulatory bodies inherent power to appoint its own tribunal to adjudicate and it needs a more rigorous application of natural justice principle on the part of the BSB. (shrink)

School teachers routinely work with minors who are vulnerable, though research on teacher professional misconduct is limited. Using a 5-year cohort of cases (N = 325) from New Zealand’s Teachers Disciplinary Tribunal (2018–2022), this study describes tribunal processes and outcomes including types, setting (private/professional) and sector (Early childhood education/primary and secondary education) of the misconduct, pleas, and penalties ordered. Physical violence constituted the most frequent (51.5%) type of misconduct, with early childhood education and female teachers being independently associated with (...) this type of misconduct. Primary/secondary and male teachers were overrepresented in boundary violation misconduct. Misconduct related to criminal convictions was significantly more likely to arise from private life contexts. While professional misconduct is rare, findings from the study point to risk factors in certain settings, and the need for more research to build understanding of risk and remediation approaches after such conduct. (shrink)

BackgroundWe examine the incidence of medical tribunal decisions and disciplinary actions (DAs) against healthcare professionals (HCPs). In addition, we studied whether an intimate relationship between an HCP and patient as part of the medical tribunal decision is associated with an increased likelihood of disciplinary actions.MethodsWe conducted a nationwide cohort analysis on the downloadable medical tribunal decisions from a medical disciplinary tribunal in the Netherlands from 2010 to 2017.ResultsWe found that 117 (2.8%) of the 4,046 medical tribunal decisions (...) involved an alleged intimate relationship between an HCP and patient. In these medical tribunal decisions the likelihood of a disciplinary action was significantly increased (odds ratio [OR] 12.97, 95% Confidence Interval [95% CI] 7.11–23.64). In addition, we found that nurses and psychiatrists are more frequently accused of and receive disciplinary actions due to intimate relationships than other HCP groups.ConclusionsWe found a limited number of medical tribunal decisions involving an intimate relationship. Especially given the total number of medical tribunal decisions and the number of yearly HCP-patient interactions, the number appears small. Furthermore, an alleged intimate relationship or inappropriate sexual conduct is associated with an increased likelihood of disciplinary action. Future research should obtain statistics on the number of intimate relationships that actually start between HCPs and patients. (shrink)

Surgeons are commonly evaluated with respect to outcomes and adherence to rules and regulations, rather than a true holistic examination of the character of the surgeon in question. We sought to examine the character failings of surgeons who faced fitness to practice enquiries under the Medical Practitioner Tribunal Service in the UK. In particular, we examined the absence of virtue as perceived through the lens of Aristotelian ethics using thematic analysis of tribunal hearing transcripts from 2016 to 2020. We identified (...) three overarching themes that are explored in depth: ‘the god complex’, ‘reputation over integrity’ and ‘wounded pride’. We hope to use this as the foundation for a re-examination of the place of phronesis in postgraduate surgical education, which we argue should be perceived as an exercise in character development and reformation rather than the simplistic teaching of skills to standardised outcomes. (shrink)

The handling of cases under the Coal Health Compensation Schemes, set up in 1999 to compensate miners suffering from workplace medical conditions, resulted in over 100 solicitors from more than 30 firms facing disciplinary proceedings. Three were struck off, three suspended and over forty fined following the largest investigation ever mounted by the regulator. This article examines the political and regulatory context of the scandal, describes one of the cases presented to the Solicitors' Disciplinary Tribunal and examines the (...) relevance of theories of transgression to professional disciplinary matters. It concludes by considering the regulatory impacts and implications of the scandal. (shrink)

This article examines disciplinary proceedings about sexual misconduct by lawyers. Sexual misconduct in a professional relationship is harmful and unacceptable and should result in immediate disciplinary action to protect victims, future victims and the public. However, there is no explicit offence of sexual misconduct in Australian disciplinary legislation regarding lawyers. Rather, sexual misconduct must be linked to the statutory offences. While the Australian Solicitors’ Conduct Rules guide the interpretation of the offences, there is only express reference to (...) sexual harassment. We examined tribunal and court legal disciplinary cases from 2000 to 2020 across all Australian jurisdictions in which sexual misconduct had occurred. Decision makers typically only considered sexual misconduct sufficiently egregious to meet the required standard of a disciplinary offence when accompanied by a criminal conviction. The conduct was often portrayed as a result of character flaws, rather than harmful to victims and the public. Thus, decision makers failed to locate the behaviour in the wider incidence of violence against women. The profession’s failure to acknowledge sexual misconduct reflects narrow professional norms which do not robustly protect victims. Explicit acknowledgement of sexual misconduct in disciplinary proceedings is essential. These amendments would signify the importance, frequency and impact of sexual misconduct. (shrink)

Governance and discipline of the legal profession is a highly topical issue in the New Zealand and has been the subject of recent reform, with a move to a more co-regulatory structure. An explanation of that context follows, together with an overview of how the Disciplinary Tribunal under the Law Practitioners Act 1982 and its successor under the Lawyers and Conveyancers Act 2006 approach strike-off or suspension as the penalty in what would currently be termed 'misconduct' cases. Case studies (...) and comparisons of the responses under the prior and current regimes are included. Finally some conclusions are drawn about whether the sanctioning of lawyer deviance is changing. (shrink)

Complaints against nurses can be made on several grounds and orders, including removal from the registry of nurses, can be made as a result of these complaints. Boundary violations generally relate to complaints around criminal charges, unsatisfactory professional conduct or professional misconduct or a lack of good character. This article explores the spectrum of boundary violations in the nurse–patient relationship by reviewing disciplinary cases from the New South Wales Nurses and Midwives Tribunal and Professional Standards Committees. The complaints spanned (...) a spectrum of behaviours, from minor infringements such as inappropriate compliments to intimate touching and sexual intercourse. Furthermore, the majority of respondents were men, although men comprise a minority of the nursing profession. This phenomenon is discussed in terms of gender stereotyping and nursing work. In addition, the possibility that improved supervision may have gone some way to preventing the violations is explored. (shrink)

RESUMEN: El presente artículo analiza el reforzamiento de la libertad de expresión que se produce cuando ésta es ejercida en conexión con el derecho de defensa, y se centra en un concreto supuesto que ha sido recientemente examinado por el Tribunal Constitucional: el ejercicio del derecho de defensa en primera persona por un funcionario que es objeto de un expediente disciplinario. A la vez que estudiamos la solución dada por el TC al citado caso, reflexionamos sobre los efectos de la (...) misma más allá del caso específico que resuelve, planteando la posibilidad de su extrapolación a la generalidad de supuestos donde el ciudadano ejerce su derecho de defensa en primera persona y sin asistencia letrada. ABSTRACT: The present article analyzes the reinforcement of the freedom of expression that takes place when this one is exercised in connection by the right of defense, and centres on a concrete supposition that has been recently examined by the Constitutional Court: the exercise of the right of defense in the first person for a civil servant who is an object of a disciplinary process. Simultaneously that we study the solution given by the Constitutional Court to the mentioned case, we think about the effects of the same one beyond the specific case that resolves, raising the possibility of its extrapolation to the generality of suppositions where the citizen exercises his right of defense in the first person and without legal aid service.PALABRAS CLAVE: libertad de expresión, derecho de defensa, funcionario público, autotutela, expediente disciplinario.KEYWORDS: freedom of expression, right of defense, civil servant, autoguardianship, disciplinary process. (shrink)

This paper takes the vigorous political debate unleashed in Germany by the results of the PISA study as a stimulus to take a closer look at the strategic aims and effects of the current education reforms, of which the PISA study is only one example. It shows that the reform measures underpin a powerful process of normalisation. In this context, the PISA study, along with other reform measures, can be seen as a ‘power stabiliser’. The paper indicates how techniques of (...) political domination are linked with ‘technologies of the self’ and how the ‘discourse of self organization’ can be seen as the core of a governmental strategy to assimilate education more thoroughly than ever before into a network of disciplinary procedures and ‘voluntary self‐control’. (shrink)

In 1984, eight-year-old Paula Logares was called into a judge’s chambers and was told the man and woman she lived with were not her parents. Her parents had been disappeared during the dirty war, and now, through her blood, scientists would be able to return her to her birth family. Paula, thus, became the first “stolen” child in Argentina to be identified via the incipient technology of DNA identification. With this forensic first, DNA identification has emerged as a central tool (...) of good governance the world round. From routine crime fighting to international criminal tribunals, DNA plays a crucial role in attempts to reckon with crimes of the body. As an alternative origin for forensic DNA, Argentina offers an early example of science emerging from social movements in the Global South. Drawing on twenty-seven months of fieldwork with family members, activists, and scientists, this article documents the ways in which DNA has emerged as a core site of subject formation for individuals and families affected by the terror of the dictatorship and for the Argentine nation-state, as it reckons with the legacies of repression. Through a feminist, postcolonial frame, I offer the concept of restitution as a way of attending to the forms of biocitizenship that emerge during times of humanitarian crisis and transitional justice. As a tool of reproductive governance, forensic DNA acts not only as a powerful disciplinary site of biocitizenship but also as a potential space to reimagine the social contract between the body, the public, and the state. (shrink)

"ACT Administrative Appeals Tribunal Decisions." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (200), pp. 42.

In the final years of his life, the Belgian phenomenologist Marc Richir started to question if philosophical writing would become pointless when artists, great poets for example, have already achieved so well what philosophers have always aspired to achieve. There is no doubt that Richir considers himself in alliance with artists, since he basically believes that “phenomenology is trying to say the same thing as poets or musicians, or even possibly painters, but with philosophical language”. He seems thereby to imply (...) that phenomenology is destined to become self-aware as a sort of art. There is no surprise in this regard if we notice how frequently, throughout his entire career of philosophical production, he employs the Kantian term of the sublime to express what constitutes the phenomenon as nothing but phenomenon. This article goes through his phenomenological interpretation of Kantian aesthetics, his elaboration of the affinity between phenomenology and art, and then his genealogical conception of art, in order to introduce an original thought on what he calls “the moment of the sublime”. (shrink)

We argue that a reinvention of the plebeian tribunate should play a key role in addressing the challenges stemming from increasing concentrations of, and inequalities in, social, political, economic, and cultural power in liberal democracies. Addressing these challenges, which negatively affect parliamentary representation, requires a form of institutional innovation that gives voice to non-elites who are ruled but do not rule. We propose revisions of the composition and tasks of the tribunate that are tailored to these current challenges. Our fully (...) randomly selected tribunate emerges as a vehicle not only for contesting concentrated power but also for articulating lines of conflict, disruptive agenda-setting, and political experimentation. Our proposal contributes to developing realist democratic theory. We argue that the reinvented tribunate not only meets realist commitments to avoiding moralization and idealization but also demonstrates the underexploited capacity of realism to inform institutional innovation and thus contribute to substantial political analysis. (shrink)

This essay examines the two means by which Machiavelli thought republics could address the political problem of predatory socio-economic elites: Healthy republics, he proposes explicitly, should consistently check the “insolence of the nobles” by establishing constitutional offices like the Roman tribunes of the plebeians; corrupt republics, he suggests more subtly, should completely eliminate overweening oligarchs via the violent actions of a tyrannical individual. Roman-styled tribunes, wielding veto, legislative and accusatory authority, contain the oppressive behavior of socio-economic elites during normal republican (...) circumstances. By contrast, having overthrown a republic grown corrupt through oligarchic encroachment on the commonweal, Machiavelli suggests that Greek-styled tyrants lay the foundation for a more robust—that is, more egalitarian and martial—republic down the road by eliminating elites entirely and by instituting economic redistribution and military reforms. (shrink)

La jurisdicción constitucional nació el 24 de febrero de 1803 en una desangelada sala en la planta baja del Capitolio cedida por el Congreso de los Estados Unidos al Tribunal Supremo cuando su presidente, el Chief Justice John Marshall hizo pública la sentencia en el caso Marbury v. Madison. En ella se establecía la revisión judicial de las leyes (y también de los actos del Gobierno, pero éste es otro tema) sacándosela de la manga de la toga como de una (...) chistera extraen un conejo los prestidigitadores, pues la Constitución del nuevo país, promulgada en 1787 y todavía vigente, no preveía expresamente tal competencia. (shrink)

To understand power relations, it is important to consider that power is an attribute, and whoever has it at a given moment is in the condition of dominant and whoever is under its exercise is dominated. Moreover, we must consider that these positions are interchangeable, changing when relations of force change. Power relations represent the pursuit of supremacy through knowledge, with struggles for better positioning in the social structure. In this study, we analyze the effects of disciplinary power on (...) daily practices of nurses and physicians in the hospital environment, more specifically in intensive care units. From the perspective of disciplines, power is exercised in a discreet, modest, calculated and permanent way, through the establishment of rules and norms. In this context, despite the strong appreciation of a medical‐centered model, it is observed that nurses gain visibility through knowledge and the defense of institutional norms and rules, which can generate tensions in daily professional practices. (shrink)

This article examines the communication networks within and between science and technology studies (STS) and the history of science. In particular, journal relatedness data are used to analyze some of the structural features of their disciplinary identities and relationships. The results first show that, although the history of science is more than half a century older than STS, the size of the STS network is more than twice that of the history of science network. Further, while a majority of (...) the journals in the STS network are connected by weak ties, about half of the history of science network consists of strong ties. The history of science network is thus more cohesive than the STS network. The relatively strong cohesion within the history of science network is associated with comparatively high degrees of intra-disciplinary communication, but comparatively weak ties to only a few related disciplines. The analysis also shows that very few members of the history of science cliques are situated on the shortest path between both specialties. Moreover, given the relatively impermeable nature of the history of science network, the latter partially depends on STS to reach some of the neighboring disciplines. (shrink)

Este artigo apresenta um panorama da jurisprudência do Supremo Tribunal Federal sobre o controle judicial do orçamento público e a proteção dos direitos humanos enquanto fim do Estado e do direito, especialmente considerando a recente tese fixada sobre o assunto. A questão de saber se é possível conciliar a atividade judicial com o controle de constitucionalidade dos orçamentos públicos é complexa e polêmica. Diante disso, para além de analisar as implicações orçamentárias decorrentes da judicialização dos direitos sociais positivos, o objetivo (...) do presente estudo é analisar a postura do Poder Judiciário (STF) com relação ao próprio orçamento.AbstractThis article presents the evolution on the Brazilian Supreme Court jurisprudence involving public budget review, in the light of the human and fundamental rights promotion as a state’s goal – specially regarding the most recent court’s ruling on this issue. The question regarding the possibility to reconcile judicial review with public budget control is a complex one. In analyzing its complexity, this study aims at the effects that litigation over economic and social rights produces on public budget and what kind of attitude should we expect from the Judiciary regarding public budget planning. (shrink)

Gintis argues that disciplinary models of human behavior are incompatible. However, his depiction of the discipline of anthropology relies on a broad generalization that is not supported by current practice. Gintis also ignores the work of cognitive anthropologists, who have developed theories and methods that are highly compatible with the perspective advocated by Gintis. (Published Online April 27 2007).

In 88 B.C. the dying embers of the Social War kindled an even more dangerous civil war. Violence with gangs was no longer the final solution in Roman political struggles, but war with a regular army took its place. The link between the two wars and the critical escalation of political conflict was created by the tribunate of P. Sulpicius Rufus. Most modern accounts differ little in describing the sequence of events in his tribunate, though they vary in the interpretation (...) of his motives and policy. They agree because they accept the common basis to the narratives of Appian, Plutarch, and Velleius as true, even though they usually discard the Tendenz in these authors, through which Sulpicius is portrayed as an unscrupulous man who put his services at Marius’ disposal. It is the aim of this paper to propose that the wheat in these authors cannot be so easily separated from the chaff: that in fact the bias, which is most obvious in Plutarch’s Lives, and there can be largely ascribed to the influence of Sulla’s fjown memoirs, has not only distorted motives but misplaced and misrepresented facts. Important inconsistencies in Appian, when taken in conjunction with the little information we have outside these sources, suggest a different outline for Sulpicius’ tribunate—one which involves more uncertainties than the commonly accepted view, because it is obtained by rejecting the validity of more of our scanty source material, but which may enable us to judge more fairly not only Sulpicius and Marius but also Sulla himself. (shrink)

TRIBUNAL DO JÚRI E SUA COMPETÊNCIA: UMA ANÁLISE CONSTITUCIONAL.

It is argued that core areas of philosophy can benefit from reflection on cross-disciplinary research (CDR). We start by giving a brief account of CDR, describing its variability and some of the ways in which philosophers can interact with it. We then provide an argument in principle for the conclusion that CDR is philosophically fecund, arguing that since CDR highlights fundamental differences among disciplinary research worldviews, it can be used to motivate new philosophical problems and supply new insights (...) into old problems. We close by providing an argument by example that uses the epistemology of peer disagreement to establish the potential of CDR for core philosophical areas. With this argument, we aim to demonstrate how the complex research contexts that CDR affords can point the way toward important avenues of epistemological research by highlighting potential limitations of key epistemological components, such as peerage and uniqueness. (shrink)

This article discusses the problematic aspects relating to the employee dismissal based on application of the disciplinary liability. It contains analysis of two grounds for termination of the employment contract without any previous notice: 1) imposing several disciplinary sanctions upon the employee in the course of twelve months, and 2) the employee has only one breach of labour discipline but a gross one. The article is based on legal acts and judgements of Judicial Assemblies of the Civil Division (...) of the Supreme Court of Lithuania and resolutions of the Senate of the Supreme Court of Lithuania in order to provide the legislative execution practice as well as reveal the problems in this field of labour law. (shrink)

In recent years, there have been a number of moral panics in Western societies about the existence of religious courts and tribunals in general and Shariah law in particular. In England and Wales, these concerns came to the fore following the 2008 lecture by the then Archbishop of Canterbury, Dr Rowan Williams, on ‘Civil Law and Religious Law in England’. In that lecture, Williams drew upon the work of the Canadian scholar Ayelet Shachar endorsing her concept of ‘transformative accommodation’. (...) In this article, we return to the work of Shachar in the light of our recent empirical study which examined the divorce jurisdiction of three religious tribunals in detail: a Jewish Beth Din; a matrimonial tribunal of the Roman Catholic Church; and a Muslim Shariah Council. We suggest that the focus upon Shachar’s concept of ‘transformative accommodation’ by Williams and subsequent commentators is unfortunate given that Shachar actually proposes ‘transformative accommodation’ as just one variant of what she refers to as ‘joint governance’ (albeit her preferred variant). We propose that the umbrella concept of ‘joint governance’ and its other variants can be developed in a way that could prove to be more useful than ‘transformative accommodation’. (shrink)

Philosophy of the city has recently emerged as a new subfield, garnering global interest. While most inquiries in this area have ‘the city’ or an urban issue as common ground, particular approaches engage in a kind of study identified as ‘intra-disciplinary research.’ An intra-disciplinary approach draws from different areas of philosophy to address problems that extend beyond the limits of individual subfields. A close examination reveals that this practice challenges assumptions holding that definitively answering philosophical questions is the (...) only path to progress. Engaging in this kind of research adds to philosophy’s set of methods, and shows promise for philosophers wrestling with complex issues. (shrink)

Early in his career, Bruno Latour’s limited readership consisted mainly of the research community in science and technology studies that he helped to inaugurate. Today the situation could hardly be more different. Latour is now subject to the “translations”—the processes by which ideas travel—that he has provided such powerful tools for analyzing. He has become a “mutable mobile”—eminently transportable but always changing as he goes—that in different contexts exists as a variety of conceptual characters or figurations. As the Latour network (...) continues to see significant extensions and transformations, it offers an instructive case for understanding the potentials and dynamics of traveling texts and ideas—and of their relation to existing disciplinary formations—as ecologies of knowledge change. This article examines the reception and adaptation of Latour’s ideas in two quite different intellectual contexts: anthropology and literary studies. The proliferation of Latour figurations is shown to be a consequence of interactions between, on the one hand, existing disciplinary constellations of ideas, concerns, and practices, and, on the other hand, his own often ambiguous arguments on topics including theory and method, nonhuman agency and politics, and technical mediation. (shrink)

ABSTRACTGiven Machiavelli’s fascination with ancient Rome’s plebeian tribunate, it is not surprising that he would take an interest in Cola di Rienzo, the Roman who declared himself Tribune of the Plebs in 1347. However, Cola appears just once in Machiavelli’s corpus, in a single short and enigmatic chapter in the Florentine Histories. This paper argues that Machiavelli nevertheless quietly elaborates on Cola’s legacy later in his Histories, when he introduces Stefano Porcari, another ‘Roman citizen’ whose reform efforts fail catastrophically. Though (...) Machiavelli never explicitly criticizes Cola, he does blame Porcari for exercising poor judgement. This blame, importantly, is entwined with Machiavelli’s allusions to the humanist writings of Francesco Petrarch. By placing these accounts of Cola and Porcari side by side, this paper aims to reveal the Florentine Histories’ complicated relationship with Petrarch, Italy’s most famous humanist. The web of cross-references among Cola, Porcari and Machiavelli himself indicates the latter’s vexation with the sort of rhetorical idealism that Petrarch’s famous endorsement of Cola’s revolution came to represent. (shrink)

In this article I assess Georges Canguilhem's historical epistemology with both theoretical and historical questions in mind. From a theoretical point of view, I am concerned with the relation between history and philosophy, and in particular with the philosophical assumptions and external norms that are involved in history writing. Moreover, I am concerned with the role that history can play in the understanding and evaluation of philosophical concepts. From a historical point of view, I regard historical epistemology, as developed by (...) Gaston Bachelard and Georges Canguilhem, as a conception and practice which came out of the project, elaborated in France from the 1920s to the 1940s, of combining history of science and philosophy. I analyse in particular Canguilhem's epistemology in his theory and practice of history of science. What he called 'normative history' is the focus of my analysis. I evaluate the question of the nature and provenience of the norm employed in normative history, and I compare it with the norm as discussed by Canguilhem in Le normal et le pathologique. While I am critical of Canguilhem's treatment of history, I conclude that his philosophical suggestion to analyse the formation of scientific concepts 'from below' represents a useful model for history and philosophy of science, and that it can be very profitably extended to philosophical concepts. (shrink)

This paper argues that the framework of Community of Practice is beneficial for an understanding of the linguistic practices that international courts and tribunals employ in their interpretative approaches. Other than the frameworks of the social network, the speech community, and the epistemic community, the framework of Community of Practice can be said to allow for a more critical assessment of the social context in which international courts and tribunals function. Such an assessment is crucial in that it (...) is in that social context that interpretative approaches can be said to take form and in return shape the social institutions that international courts and tribunals comprise. That is, the framework of Community of Practice entails the notion that any form of meaning and its subsequent reifications, including, actual language use, are continually negotiated communally as a result of social interaction and, hence, shape the social constellations in which such interaction takes place accordingly. (shrink)

Resumen: Este artículo tiene por objetivo establecer las bases para una comprensión disciplinaria y epistemológica de la geopolítica, considerando su ubicación como campo de estudio y el principal debate entre la perspectiva clásica y crítica de la misma en América del Sur. En este sentido, se efectúa un abordaje histórico sobre la evolución de la geopolítica, decantando en la manera en cómo el conocimiento geopolítico se ha dado en la región mencionada, al tiempo que se señalan las dificultades y propuestas (...) de investigación en el campo señalado. Se concluye que una discusión epistemológica de la geopolítica no solamente ayudará a lograr una mejor construcción y entendimiento del conocimiento geopolítico, desde un punto de vista holístico, sino que ayudará a destacar el rol de la academia en la necesidad de ser el eje articulador de dicha discusión.: This article aims to establish the basis for a disciplinary and epistemological understanding of geopolitics, considering its location as a field of study and the main debate between the classical and critical perspective in South America. In this sense, a historical approach is made on the evolution of geopolitics, decanting in the way in which geopolitical knowledge has been given in the region while pointing out the difficulties and research proposals in the field. It concludes that an epistemological discussion of geopolitics will not only help to achieve a better construction and understanding of geopolitical knowledge, from a holistic point of view, but also highlight the role of academics to articulate the discussion. (shrink)

The rise of managerialism within healthcare systems has been noted globally. This paper uses the findings of a scoping study to investigate the management of poor performance among nurses and midwives in the United Kingdom within this context. The management of poor performance among clinicians in the NHS has been seen as a significant policy problem. There has been a profound shift in the distribution of power between professional and managerial groups in many health systems globally. We examined literature published (...) between 2000 and 10 to explore aspects of poor performance and its management. We used Web of Science, CINAHL, MEDLINE, British Nursing Index, HMIC, Cochrane Library and PubMed. Empirical data are limited but indicate that nurses and midwives are the clinical groups most likely to be suspended and that poor performance is often represented as an individual deficit. A focus on the individual as a source of trouble can serve as a distraction from more complex systematic problems. (shrink)

Understanding how scientific activities use naming stories to achieve disciplinary status is important not only for insight into the past, but for evaluating current claims that new disciplines are emerging. In order to gain a historical understanding of how new disciplines develop in relation to these baptismal narratives, we compare two recently formed disciplines, systems biology and genomics, with two earlier related life sciences, genetics and molecular biology. These four disciplines span the twentieth century, a period in which the (...) processes of disciplinary demarcation fundamentally changed from those characteristic of the nineteenth century. We outline how the establishment of each discipline relies upon an interplay of factors that include paradigmatic achievements, technological innovation, and social formations. Our focus, however, is the baptism stories that give the new discipline a founding narrative and articulate core problems, general approaches and constitutive methods. The highly plastic process of achieving disciplinary identity is further marked by the openness of disciplinary definition, tension between technological possibilities and the ways in which scientific issues are conceived and approached, synthesis of reductive and integrative strategies, and complex social interactions. The importance – albeit highly variable – of naming stories in these four cases indicates the scope for future studies that focus on failed disciplines or competing names. Further attention to disciplinary histories could, we suggest, give us richer insight into scientific development. (shrink)

The two years which intervened between the consulship of Pompey and Crassus 70 B.C. and the tribunate of Cornelius in 67 B.C. are for the most part neglected in standard histories of the period. It is true that they were uneventful, if by uneventful meant the absence of open hostilities between the two political parties. a careful investigation of the political affiliations of the men who were prominent these years, and of the significance of events which usually are considered of (...) moment, reveals political undercurrents which go far towards explaining meaning, not only of what happened in 67 B.C, but also of the more serious four years later. (shrink)

Joseph Medill's Chicago Tribune was an influential voice for civil rights and equality in the age of slavery. By 1883, however, when the Supreme Court struck down the Civil Rights Act of 1875, the Tribune 's commitment to its moral principles had been compromised. The paper abandoned its editorial support for equality in favor of shoring up the declining fortunes of the Republican Party in the post-Reconstruction era. A content analysis of Tribune news and editorial items on the civil rights (...) law shows strong support for the statute in 1875 when it was passed, and an equally strong support for the Supreme Court decision that annulled it in 1883. (shrink)

Complex environmental problems require well-researched policies that integrate knowledge from both the natural and social sciences. Epistemic differences can impede interdisciplinary collaboration, as shown by debates between conservation biologists and anthropologists who are working to preserve biological diversity and support economic development in central Africa. Disciplinary differences with regard to 1) facts, 2) rigor, 3) causal explanation, and 4) research goals reinforce each other, such that early decisions about how to define concepts or which methods to adopt may tilt (...) research design and data interpretation toward one discipline’s epistemological framework. If one of the contributing fields imposes a solution to an epistemic problem, this sets the stage for what I call disciplinary capture. Avoiding disciplinary capture requires clear communication between collaborators, but beyond this it also requires that collaborators craft research questions and innovate research designs which are different from the inherited epistemological frameworks of contributing disciplines. (shrink)

El Tribunal Europeo de Derechos Humanos ha rechazado que el artículo 2 del Convenio Europeo de Derechos Humanos (derecho a la vida) incluya un derecho a morir; en cambio, ha reconocido que el artículo 8 del mismo Convenio (derecho a la vida privada) comprende la autodeterminación de la persona sobre cómo y cuándo poner fin a su vida. Sin embargo, como explicamos en este trabajo, los presupuestos conceptuales en que apoya su interpretación del derecho a la vida privada son discutibles (...) y, en consecuencia, es dudoso que este derecho sirva de fundamento, de “caballo de Troya”, para legitimar/legalizar la eutanasia (activa, particularmente). (shrink)