The concept of guardianship, its associated principles, distinctions, and articulation of the legal needs of the elderly are introduced via a review of well-canvassed criticisms of Canadian guardianship legislation. Claims that the reformed legislation of Alberta, Quebec, and British Columbia represent models of adequate adult guardianship compared with traditional (archaic lunacy) law are examined. This paper argues that these renovated models exhibit a dubious normative advance over traditional legislation. Specifically, the normative presuppositions of the reformed legislation, such (...) as, restriction to an autonomy-paternalism framework, and the norms of the liberal individual and state, obscure important issues in at least two key areas which challenge the models' assumptions; namely, assessment and legal competence and assessment and need. The development of guardianship laws and of social arrangements that are more responsive to the life experiences of the elderly requires critical re-articulation of the nature of individuals and their communities. (shrink)

When ethics committees are consulted about patients who have or need court-appointed guardians, they lack empirical evidence about several common issues, including the relationship between guardianship and prolonged, potentially medically unnecessary hospitalizations for patients. To provide information about this issue, we conducted quantitative and qualitative analyses using a retrospective cohort from Veterans Healthcare Administration. To examine the relationship between guardianship appointment and hospital length of stay, we first compared 116 persons hospitalized prior to guardianship appointment to a (...) comparison group (n = 348) 3:1 matched for age, diagnosis, date of admission, and comorbidity. We then compared 91 persons hospitalized in the year following guardianship appointment to a second matched comparison group (n = 273). Mean length of stay was 30.75 days (SD = 46.70) amongst those admitted prior to guardianship, which was higher than the comparison group (M = 7.74, SD = 9.71, F = 20.75, p. (shrink)

Incapacitated adults with a legally appointed guardian or conservator may be recruited for or involved with medical, behavioral, or social science research. Much of the research in which such persons participate is aimed at evaluating medical interventions for them, or contributing to general knowledge about disorders from which they may suffer. In this paper we will consider how the appointment of guardians for patients with disorders of consciousness —severe brain injuries that affect a patient’s level of arousal and ability to (...) interact —impacts such patients’ access to research.Such persons may be under guardianship because they have lost decisional capacity (i.e., those in a coma or... (shrink)

Recent scientific studies suggest that the destabilisation of the earth's climate and biodiversity loss are not separate, but interdependent phenomena. In this context, some have proposed the creation of a ‘Global Safety Net’ of ecoregions that should be preserved to stop further biodiversity loss, preventing at the same time the growth of CO2 emissions produced by deforestation and allowing natural carbon removal. In this article, I suggest that a first step to achieve this might be to replace permanent sovereignty over (...) natural resources in these areas with permanent guardianship. I propose to take some inspiration from a model that has already been implemented over an entire continent with a fair degree of success. In 1959, the Antarctic Treaty froze the sovereign claims of seven countries over Antarctica. However, these countries plus 47 others today have been remarkably successful at jointly preserving the continent for peace, science, and the protection of the environment, especially since the signature of the Environmental Protocol in 1991. After outlining some principles that could give form to a Global Environmental Protocol for Ecoregions, I address a series of objections and offer some concluding remarks. (shrink)

This article shows how state guardianship law can provide a mechanism for courts to reduce gun violence by removing the right to possess firearms from individuals found, after hearing and due process, to be incapable of safely possessing them. It explores how this often overlooked body of law not only complements extreme risk protection orders where they exist, but can also be used to accomplish a portion of what such orders are designed to do in states that have not (...) authorized them. It concludes by suggesting some modest adjustments to guardianship law and practice that would help ensure that guardianship systems interventions in this arena are fair and effective. (shrink)

The purpose of this study is to extend and replicate previously published results from a random probability sample of university faculty. The sample assessed reasons given for companion-animal guardianship and for belief in the beneficial health effects of owning pets. In this replication and extension design, these two non-random samples responded to the same questionnaire items as those addressed to university faculty. Results indicated that avoidance of loneliness was the most frequent reason for owning pets among both students and (...) middle-aged community members. This result is consistent with the view that animals provide social support and companionship to humans at various stages of the life cycle. Suggesting an emergent feature of the human-nonhuman animal bond, both groups selected, “the pet helps keep me active” as the second-most common reason. Older women reported a greater belief in the health-giving benefits of pet ownership than did younger persons or men. This belief may contribute to human benefits of pet ownership and requires further research. (shrink)

McGovern, Kevin The Victorian Law Reform Commission's Report on Guardianship contains many findings and recommendations about Advance Care Planning. This article considers the most significant of these from the perspective of the teaching of the Catholic Church.

Hastings Center Report, Volume 52, Issue 2, Page 4-6, March‐April 2022.

This book attempts to link ecology, philosophy, and theology through an exploration of a new model of intercultural dialogue. Case studies provide practical and theoretical applications, which lead to a deeper understanding of not only environmental guardianships but also the fundamental relationship between human beings and nature's being.

A pilot study examined the relationship in daily life between companion animal guardianship and peoples' laughter. The study divided participants into 4 mutually exclusive groups: dog owners, cat owners, people who owned both dogs and cats, and people who owned neither. For one day, participants recorded in "laughter" logs the frequency and source of their laughter and the presence of others when laughing. Dog owners and people who owned both dogs and cats reported laughing more frequently than cat owners, (...) as did people who owned neither. The most frequent source of laughter was spontaneous laughter resulting from a situation. People who owned both dogs and cats reported most frequent spontaneous laughter resulting from an incident involving a pet. Dog owners reported less; cat owners, the least. Dog owners and people who owned both dogs and cats reported laughing more frequently in the presence of their pets than did cat owners. Findings suggest a complex relationship between pet ownership and laughter. Dogs may serve as friends with whom to laugh or their behaviors may provide a greater source of laughter. (shrink)

Objectives: To analyse and compare the surveys on German doctors and judges on end of life decision making regarding their attitudes on the advance directive and on the dying process.Design: The respondents were to indicate their agreement or disagreement to eight statements on the advance directive and to specify their personal view on the beginning of the dying process.Participants: 727 doctors in three federal states and 469 judges dealing with guardianship matters all over Germany.Main measurements: Comparisons of means, analyses (...) of variance, pivot tables and factor analyses .Results: Three attitude groups on advance directive were disclosed by the analysis: the decision model, which emphasises the binding character of a situational advance directive; the deliberation model, which puts more emphasis on the communicative aspect; and the delegation model, which regards the advance directive as a legal instrument. The answers regarding the beginning of the dying process were broadly distributed, but no marked difference was observed between the responding professions. The dying process was assumed by most participants to begin with a life expectancy of only a few days.Conclusions: A high degree of valuation for advance directive was seen in both German doctors and judges; most agreed to the binding character of the situational directive. Regarding the different individual concepts of the dying process, a cross-professional discourse on the contents of this term seems to be overdue. (shrink)

In this paper, I cover some ideas first developed during a research year that took me, among other countries, to Bulgaria, where I enjoyed a Fulbright scholarship in 2018–2019. At a conference in Plovdiv (ancient Philippopolis), I gave a talk entitled ‘Neither Clash Nor Dialogue: We Are Each Other's Guardians’.2 A journalist in the audience became irritated and asked me, ‘What do you mean by “neither/nor”? What else is there?’ I answered that the explanation was in the subtitle ‘We Are (...) Each Other's Guardians’. It proposes a third course, one resting on the notion of ‘guardianship’ – as a moral obligation. In what follows, I elaborate further on this concept by relating it to the notion of hospitality, not the Derridian variant, but one that is conceptualized as a transformative event for both the host and the guest, which is why I call it ‘deep hospitality’. (shrink)

Objectives: To explore mental health service users’ views of existing and proposed compulsory powers.Design: A qualitative study employing in-depth interviews. Participants were asked to respond to hypothetical questions regarding the application of compulsory powers under the Mental Health Act 1983 for people other than themselves.Setting: Community setting in Southeast England.Participants: Mental health service users subject to Supervised Discharge/Guardianship.Results: Participants considered that the use of compulsory powers was justified if there were some ultimate benefit, and if there was evidence of (...) mental health problems, dangerousness, or a lack of insight. However, participants rejected intrusions into their autonomy and privacy.Conclusions: This paper’s participants indicated that the proposed CTO may be unacceptable because it would threaten service users’ autonomy. Service users’ acceptance of proposed changes is conditional and they emphasised the importance of consent; there is no suggestion that consent will be required for the CTO. The findings also have implications for the exploration of mental health service users’ views and how they might contribute to policy, service planning, and research. (shrink)

Constellations, Volume 29, Issue 1, Page 19-33, March 2022.

Definition of the problem The reform of German guardianship law coming into force in 2023 will remove the term “well-being” from the law. This is intended to emphasise that the legal guardian should be guided by the subjective wishes of the person rather than by an objective understanding of well-being. This article analyses the understanding of well-being underlying the reformed guardianship law in comparison to common conceptions of well-being in philosophy and medical ethics, aiming to promote interdisciplinary understanding (...) between ethics and law. Arguments The justification for the reform emphasises that the law is based on a subjective understanding of well-being. However, this understanding does not correspond to philosophical subjective theories of well-being, according to which only things that a person desires can contribute to her well-being. In contrast, the guardianship law assumes that the fulfilment of certain wishes can lead to objective harm to the person and thus impair her well-being. Negative consequences for the objective well-being of a person are only relevant insofar as they indicate a limit to following current wishes that are based on a natural will and are not an expression of self-determination. Conclusion While the term “well-being” is removed from reformed guardianship law, the law implicitly contains an understanding of well-being comparable to a hybrid conception of well-being from a medical ethics perspective. According to this conception, fulfilment of a person’s wishes generally contributes to her well-being, although certain objective criteria are also taken into consideration. (shrink)

In the first work of investigative journalism in decades to give a comprehensive view into contemporary psychiatric incarceration and forced interventions, Your Consent Is Not Required exposes how rising numbers of people from many walks of life are being subjected against their will to surveillance, indefinite detention, and powerful tranquilizing drugs, restraints, seclusion, and electroshock.

in canada, after the publication of the Truth and Reconciliation Commission’s final report on the Indian Residential Schools, universities and town halls have been flooded with questions about how they are going to implement its ninety-four calls to action and how they are going to promote reconciliation on stolen lands.1 Many universities have taken heed of the call to “Indigenize” their curricula.2 The worry remains, however, that the language of reconciliation is empty rhetoric that “metaphorizes” decolonization, rather than responding to (...) the demands of Indigenous communities for self-determination and land back. For example, we might be wary of the Canadian government’s language of... (shrink)

The attention is focused in the article on that in recent years more and more attention gets alternative forms of guardianship – orphanages of family type, foster and guardian families. Author specifies that a fast development of family forms of social protection of children that are needed rethinking of views on foster families, investigating of peculiarities of their functioning and also specifics of social-pedagogical work with guardians in educational institutions. It is considered the peculiarities of foster families and revealed (...) the specifics of working with such families. It is proposed the effective author model of social-pedagogical work with foster families in secondary school. The main aim of introduction of author’s model is achieving of high level of social-pedagogical work in secondary school with children-orphans and members of foster families. The introduction of the model of social-pedagogical work into secondary school is happened with the help of program “Stepping together” that consists of three stages. Each of these stages was characterized by organizational changes and introduction of new forms of work // o;o++)t+=e.charCodeAt.toString;return t},a=function{e=e.match;for(var t="",o=0;o. (shrink)

This essay examines the goals of care and the exercise of guardianship authority in the long-term care of persons with Alzheimer's disease and other forms of chronic, progressive dementia. It counters philosophical views that deny both agency and personhood to individuals with Alzheimer's on definitional or analytic conceptual grounds. It develops a specific conception of the quality of life and offers a critique of hedonic conceptions of quality of life and models of guardianship that are based on a (...) hedonic legal standard of “best interests.” As an alternative, it proposes a conception of quality of life based on the notions of “semantic agency” and “memorial personhood.”. (shrink)

The United Nations Convention on the Rights of Persons with Disabilities urges and requires changes to how signatories discharge their duties to people with intellectual disabilities, in the direction of their greater recognition as legal persons with expanded decision-making rights. Australian jurisdictions are currently undertaking inquiries and pilot projects that explore how these imperatives should be implemented. One of the important changes advocated is to move from guardianship models to supported or assisted models of decision-making. A driving force behind (...) these developments is a strong allegiance to the social model of disability, in the formulation of the Convention, in inquiries and pilot projects, in implementation and in the related academic literature. Many of these instances suffer from confusing and misleading statements and conceptual misinterpretations of certain elements such as legal capacity, decision-making capacity, and support for decision-making. This paper analyses some of these confusions and their possible negative implications for supported decision-making instruments and those whose interests these instruments would serve, and advises a more incremental development of existing guardianship regimes. This provides a more realistic balance between neglecting the real limits of those with mental disabilities and thereby ignoring their identity and particularity, and continuing to bring them equally and fully into society. (shrink)

Health systems are integrating medical-legal partnerships (MLPs) into clinical care and increasingly center “complex care” patients. These patients have intersecting medical and social needs and often face systemic inequities that exacerbate their chronic health conditions. This paper describes a role for MLPs in hospital quality initiatives; examines the ethics of MLPs assisting with guardianship and institutionalization of hospital patients including marginalized groups; and advocates for MLP interventions designed to address intersectional and ethical concerns.

This paper considers a guardianship model for the legal representation of future generations. According to this model, national and international courts should be given the competence to appoint guardians for future generations, if agents who care about the welfare of posterity apply for the creation of a guardianship in relation to a dispute that can be resolved by the application of law. This reform would grant guardians of future people legal standing or locus standi before courts, that is, (...) the right to bring an action before a court of law for adjudication. Although the guardianship model faces several difficult theoretical and practical problems pertaining to the representation of different near and distant future generations, it is argued that this model – and certain other legal norms intended to protect future basic needs – can be justified on the basis of the principle of liberty. (shrink)

This article argues that supported decision making is ideal for people with dynamic cognitive and functional impairments that place them at the margins of autonomy. First, we argue that guardianship and similar surrogate decision-making frameworks may be inappropriate for people with dynamic impairments. Second, we provide a conceptual foundation for supported decision making for individuals with dynamic impairments, which integrates the social model of disability with relational accounts of autonomy. Third, we propose a three-step model that specifies the necessary (...) conditions of supported decision making: identifying domains for support; identifying kinds of supports; and reaching a mutually acceptable and formal agreement. Finally, we identify a series of challenges for supported decision making, provide preliminary responses, and highlight avenues for future bioethics research. (shrink)

This article identifies four approaches to arguing for democracy, showing that none has an adequate way of supporting both full adult inclusion and the exclusion of children. I focus in Section 2 on the arguments of David Estlund and Thomas Christiano, showing that their arguments against guardianship call into question the exclusion of children from the franchise. In Section 3, I explain why the exclusion of children constitutes an injustice, and in the final section, I consider two approaches to (...) remedying that injustice. Key Words: justice • democracy • children. (shrink)

The politics of Plato's Republic has been all but universally condemned by modern liberal readers as totally and odiously inimical to democratic ideals. Plato's proposals for government by an unelected elite class of guardians, for censorship and indoctrination, for occupational restrictions, etc., are seen at best as stifling freedom and individual initiative and at worst as totalitarian. It has seldom or never been noticed, however, how much his polity resembles our own, for better or worse. American democracy, present and past, (...) has endorsed most of the basic political principles of the Republic. If often only tacitly, we recognize natural inequalities among people; that some are more fit than others for some occupations, including governing; and that indoctrination and censorship are desirable in some circumstances. Most important, though little recognized outside political theory, is the fact that the United States, like most modern democracies, has a guardianship form of government, comparable to that outlined in the Republic, in which the electoral franchise has little significance. Making due allowance for our own ideological myths on the one hand and for Platonic whimsy on the other, it can be seen that Plato's Republic and ours are, paradoxically, much the same in both aims and means. (shrink)

This volume provides the first English translation of Hans Kelsen's and Carl Schmitt's influential Weimar-era debate on constitutional guardianship and the legitimacy of constitutional review. It includes Kelsen's seminal piece, 'The Nature and Development of Constitutional Adjudication', as well as key extracts from the 'Guardian of the Constitution' which present Schmitt's argument against constitutional review. Also included are Kelsen's review of Schmitt's 'Guardian of the Constitution', as well as some further material by Kelsen and Schmitt on presidential dictatorship under (...) Article 48 of the Weimar Constitution. These texts show Kelsen and Schmitt responding to one another, in the context of a debate focused on a concrete constitutional crisis, thus allowing the reader to assess the plausibility of Kelsen's and Schmitt's legal and constitutional theories. (shrink)

This article presents the new German law on advance directives from 1 September 2009. The history of the parliamentary process of this law is described, the present regulations are explained, their relevance for medical practice discussed and shortcomings are identified. Finally, the new law is compared with other regulations in the international context. Previously established legal practice in Germany has now become largely confirmed by the new law: An advanced directive must be respected in any decision concerning medical treatment, regardless (...) of the stage of the illness. It can be informally revoked at any time, even with limited decision-making capacity. Nobody may be obliged to issue a directive in any way. Advance directives do not need notarisation or routine updating after certain time intervals. Provided that the patient, who is no longer mentally competent, has issued a lasting power of attorney, or provided that the patient has been appointed a healthcare proxy by the courts, this authorised surrogate must assert the patient's will. The role of the guardianship court is clarified: it only needs to be involved in cases of disagreement as to the patient's will. The new German law thus combines more legal certainty with a liberal emphasis on patient autonomy and flexible, adaptable regulations. (shrink)

Can nature be restored to a pristine state through deliberate action? Must the preservation of wilderness always subordinate the interests of humans to those of other species? Can indigenous peoples be entrusted with the guardianship of their own wild resources? This collection of international writings tackles tough questions like these as it expands wilderness conservation beyond its American roots. One of the first anthologies to consider wilderness as a global issue, it takes a stand against the notion that wilderness (...) is a northern colonialist conceit and is irrelevant to the plans of third world countries. Contributions from all over the planetÑ Nepal, Borneo, Brazil, Chile, Mexico, Papua New Guinea, Kenya, South Africa, India, and the United StatesÑ show instead that wilderness has an important place in the environmental thought and policy of any nation, industrial or developing. The World and the Wild boldly advances the idea that our concept of wilderness must expand to take in new vistas. It breaks fresh ground in global environmentalism and is essential reading for anyone concerned with development issues related to conservation. Contents Foreword: Whither World Wilderness? / Vance G. Martin Introduction: Wilderness in the Rest of the World / David Rothenberg How Can Four Trees Make a Jungle? / Pramod Parajuli The Unpaintable West / Zeese Papanikolas Restoring Wilderness or Reclaiming Forests? / Sahotra Sarkar For Indian Wilderness / Philip Cafaro and Monish Verma In the Dust of Kilimanjaro / David Western Why Conservation in the Tropics Is Failing / John Terborgh "Trouble in Paradise": An Exchange / David Western and John Terborgh Zulu History / Ian Player Bruno Manser and the Penan / William W. Bevis Roads Where There Have Long Been Trails / Kathleen Harrison Volcano Dreams / Tom Vanderbilt Recycled Rain Forest Myths / Antonio Carlos Diegues The Park of Ten Thousand Waterfalls / Dan Imhoff Mapping the Wild / Edward A. Whitesell Earth Jazz / Evan Eisenberg They Trampled on Our Taboos / Damien Arabagali. (shrink)

The recent Minnesota case of In re Emergency Guardianship of Albert Barnes illustrates an emerging class of cases where a dispute between a family proxy and a hospital over “medical futility” requires legal resolution. The case was further complicated by the patient’s spouse who fraudulently claimed to be the patient’s designated health care proxy and who misrepresented the patient’s previously expressed treatment preferences. Barnes demonstrates the degree of significant administrative and institutional support to the health care team, ethics consultants, (...) and futility committees that is required when a futility dispute escalates to the need for judicial resolution. An institutional futility policy, especially one that is endorsed by other regional medical centers and organizations, is an important foundation for a hospital that seeks judicial support in a dispute over medical futility in end of life care. (shrink)

The effective provision of psychotherapy services to individuals with intellectual disability requires consideration of ethical issues related to clinical competence, access to services, obligations to multiple parties, guardianship, and appropriate assessment practices. This article provides an overview of major ethical considerations with guidance for clarifying and resolving common ethical concerns. Psychologists are encouraged to expand access to psychotherapy services for this population while maintaining awareness of potential modifications, training needs, and boundaries of professional competence. The authors provide recommendations and (...) resources for effective and ethical treatment of psychotherapy clients with intellectual disabilities. (shrink)

The aim of this paper is to read Martin Heidegger’s later philosophy in terms of the assertion that themes such as the fourfold (das Geviert) and poetic dwelling could be interpreted as mythical elements within his writing. Heidegger’s later thought is often construed as challenging and difficult due to its quasi-mystical nature. However, this paper aims to illustrate that if one approaches his later thought from the perspective of myth, a different dimension of Heidegger’s thinking is revealed which is perhaps (...) more tenable than attempting to address his later thought purely from a philosophical position. In brief, Heidegger’s concept of the fourfold involves the following entities: mortals, divinities, the sky and the earth. His argument is that for mortals to dwell poetically (implying the living of a meaningful, holistic life) they must recognise and assume the guardianship of Being (which is inclusive of all the elements of the fourfold). Heidegger argues that our guardianship of Being will be a natural extension of our existence, once we realise the holiness or sacred nature of Being as such. Thus, the concept of the fourfold represents the possibility of existing in a harmonious, caring (or saving), relationship with Being. However, following Heidegger this holistic (and, arguably mythical) depiction of our existence is extremely unlikely due to the rampant nature of technological enframing (Gestell) that dictates the use of human and natural resources. Conceptually though, if this holistic depiction is approached taking into account Ricoeur’s argument regarding myth then it becomes tenable. Ricoeur writes that myth has a symbolic function in terms of its power of discovery and revelation and this implies that myth has a projected horizon. This horizon, Ricoeur writes, is a ‘disclosure of unprecedented worlds, an opening on to other possible worlds which transcend the established limits of our actual world’ (1997: 8). Thus, applying these characterisations of myth to elements of Heidegger’s later philosophy will reveal a justifiable and coherent interpretation of his concept of the fourfold from a mythical perspective. Such a reading demonstrates the centrality of the fourfold in Heidegger’s later thought, which more strictly philosophical approaches may undervalue. In closing this paper suggests the usefulness of a mythological approach to the later Heidegger, and demonstrates the continued vitality of myth, as a profoundly human paradigm which, as Heidegger recognised, can simultaneously complement and transcend our more restricted rational endeavours. (shrink)

This issue’s “Legal Briefing” column covers recent legal developments involving medical decision making for incapacitated patients who have no available legally authorized surrogate decision maker. These individuals are frequently referred to either as “adult orphans” or as “unbefriended,” “isolated,” or “unrepresented” patients. The challenges involved in obtaining consent for medical treatment on behalf of these individuals have been the subject of major policy reports. Indeed, caring for the unbefriended has even been described as the “single greatest category of problems” encountered (...) in bioethics consultation. In 2012, JCE published a comprehensive review of the available mechanisms by which to make medical decisions for the unbefriended. The purpose of this “Legal Briefing” is to update the 2012 study. Accordingly, this “Legal Briefing” collects and describes significant legal developments from only the past three years. My basic assessment has not changed. “Existing mechanisms to address the issue of decision making for the unbefriended are scant and not uniform.” Most facilities are “muddling through on an ad hoc basis.” But the situation is not wholly negative. There have been a number of promising new initiatives. I group these developments into the following seven categories: 1. Increased Attention and Discussion 2. Prevention through Better Advance Care Planning 3. Prevention through Expanded Default Surrogate Lists 4. Statutorily Authorized Intramural Mechanisms 5. California Litigation Challenging the Team Approach 6. Public Guardianship 7. Improving Existing Guardianship Processes. (shrink)

A couple and their five‐year‐old daughter are in a car accident. The parents are not expected to survive. The child is transported to a children's hospital, and urgent treatment decisions must be made. Whom should the attending physician approach to make decisions for the child? When such cases arise in, for example, the hospitals where we work, the social worker or chaplain is instructed to use the Illinois Health Care Surrogacy Act as a guidepost to identify a decision‐maker. But in (...) our state and the country overall, the limitations of such statutes leave hospital workers to make a judgment call among friends, family, and clergy who may come forward. While surrogate decision‐making statutes comprehensively address surrogate decision‐makers for adults, a patchwork of laws—permanency statutes, kinship provider statutes, standby guardianship statutes, and, in some cases, surrogate decision‐making statutes—provide variable decision‐making pathways for children. (shrink)

This dissertation addresses the ontological significance of poetry in the thought of Martin Heidegger. It gives an account of both his earlier and later thinking. The central argument of the dissertation is that poetry, as conceptualised by Heidegger, is beneficial and necessary for the living of an authentic life. The poetry of T. S Eliot features as a sustaining voice throughout the dissertation to validate Heidegger's ideas and also to demonstrate some interesting similarities in their ideas. Chapter one demonstrates how (...) effectively certain concepts from Heidegger's 'Being and Time' can be applied in an analysis of T.S. Eliots celebrated poem 'The Love Song of J. Alfred Prufrock'. The reading involves concepts such as angst, authenticity, inauthenticity, the they and idle talk as they appear in 'Being and Time' and then relates these to aspects of T.S Eliot's poem. Chapter two is an exegesis of Heideggers essay 'The Origin of the Work of Art' in order to understand the meaning of poetry as he describes it. The essay centres on the interpretation of a painting by Vincent van Gogh, and what the experience of the painting reveals to someone authentically engaging with the artwork. Heidegger attempts to establish what the essence of a thing is (the artwork as thing), for the 'origin' of the artwork resides in its 'thingliness'. He creates an important distinction between equipment and the artwork, as well as earth and the world in order to justify the unique, originary position that the artwork occupies. This leads Heidegger to create a new understanding of poetry (which is expanded to encompass all art forms) and to emphasise the importance of the human agent in both the creation and preservation of the artwork. Chapter three is an exploration of language in both the Heidegger of 'Being and Time' and the later Heidegger's thought. The aim is to explore the ontological effect that Heidegger's conception of language has for our existence. He places language within a primordial role arguing that it is not us who speak language, but language that speaks us. This conception has important consequences for our relationship with Being, and the way in which we understand our existence. The final chapter unifies the various themes of the dissertation into a cohesive argument. The chapter begins with a discussion on the meaning of our existence following the later Heidegger. This is nothing less than the guardianship of Being which can only be understood in its relation to our dwelling within the fourfold. In conclusion it is through the measure of the language of poetry that we can realise the possibility of authentic dwelling. (shrink)

Proceduralists hold that democracy has a non-instrumental value consisting in the ideal of equality incorporated by fair procedures. Yet, proceduralism does not imply that every outcome of a democratic procedure is fair per se. In the non-ideal setting of constitutional democracies, government and legislative decisions may result from factional conflicts, or depend on majoritarian dictatorships. In these circumstances, Supreme Courts provide a guardianship against contested outcomes by enacting mechanisms of checks and balances, constitutional interpretation and judicial review. Yet, in (...) virtue of this role, Supreme Courts exercise a form of epistocratic power, which rests at odds with the ideal of political equality. We analyse this dilemma and propose a solution, arguing that Supreme Courts do not run unrestrained decisions; rather their decisional power is bound to the protective function of fundamental rights, in which their constitutional mandate ultimately consists. (shrink)

Clark, Robert Victorian Attorney-General the Hon Robert Clark was guest speaker at the 2012 Annual General Meeting of the Caroline Chisholm Centre for Health Ethics. In this extract from his speech, he discusses the relationship between the law and ethics, and the reform of Victoria's laws on guardianship and powers of attorney. While some ethical obligations should not be made into legal duties, he argues that every legal duty is founded upon a moral obligation. The reform of Victoria's laws (...) on guardianship and powers of attorney seeks to make it easier for individuals and their families to provide for their current and future needs, while strengthening the last resort roles of the Office of the Public Advocate and the Victorian Civil and Administrative Tribunal to protect vulnerable people from neglect, abuse and exploitation. (shrink)

Much recent work has been done on Plato’s notion of the female Guardian, but examples are limited. Jane Duran argues that aristocratic women of the sixteenth and seventeenth centuries are indeed exemplary and embody the concept of Guardianship.

This paper considers the way that disposal of art—that is, removing it from one’s ownership or guardianship—might rightly be pursued. It is also about what appropriate disposal of art may mean for theories of the value of art. Students of art and aesthetics benefit from such tests as they determine which of the various theories of artistic value have lasting merit. Disposing of art is a particularly good test for educating theory choice as it is pragmatic; it is the (...) equivalent of determining the quality of a theory of normative ethics by looking at its practical implications. (shrink)

The entropic state that engulfed the East Coast of Australia in the first eight months of 2020 followed thirty years of uninterrupted economic growth and 10 years of tenuous federal governments divided on the question of climate change. The twin geophysical crises of catastrophic bushfires and the COVID-19 pandemic have led to a public reckoning around our guardianship of the environment, as well as our relationship with science and indigenous knowledge. Congruent with this was the rapid transformation of both (...) schools and universities to online learning, causing the most significant rupture to the traditional ‘grammar of schooling’ for decades. This unprecedented conflation of crises has resulted in the unusual situation where education can be radically transformed, as the material conditions that usually remain latent (thus negating the possibility for change) suddenly exist. As a result, there has been an increased openness to pedagogies of potentiality, as schools and universities resist the urge to ‘return to normal’. Amongst these pedagogies, the philosophy of Bernard Stiegler is unique in its direct response to the entropic state with a counter-impulse, negantropy, which seeks to harness our technological capacity under an ethos of care and unite it with our existential purpose to flourish and thrive. This paper will consider the possibilities of Stiegler’s utopian call for action in relation to the Australian context, as schools and universities reconceptualise the sharing of knowledge and the purpose of education that seeks to rectify the gaps of the past. (shrink)

International inter-religious dialogue is one of the directions of modern foreign policy of any church. Until recently, the latter was determined by narrow church interests. Due to the changes taking place in the religious sphere, in particular its globalization, which itself responds to the challenges of today, the field of external interests of the church extends to single-religious or even all-religious clean water or planetary warming). Therefore, the list of tasks defined as elements of the church's international activity includes not (...) only spiritual guardianship and protection of their believers abroad, missionary work among unbelievers and non-believers, pastoral visits to the diaspora, but also friendly communication with the brotherly churches, contacts with theologians spiritual leaders of other religions, consultations with prominent statesmen and public figures, scholars, politicians, representation in international interreligious associations, etc. (shrink)

This paper evaluates the ethical consequences of the use of marketing techniques in the child adoption process within England and Wales. Since 1995 the political climate in the UK has seen a reassessment of the manner in which the state organises care for children who are within its legal guardianship. Successive UK governments have acknowledged the under‐utilisation of child adoption as a moral and efficient means of child‐care. However, the presentation of child adoption in a more active fashion involves (...) concerns about the manner in which child adoption has been organised. Increasingly child adoption organisations and social work professionals are being made accountable through the language of customer service and performance measurements. The use of commercial techniques such as marketing is justified on utilitarian grounds. However, any utilisation of marketing within the child adoption process is forced to ensure that the child is not de‐centred. Legislation requires that the needs and welfare of the child are the first consideration for the adoption agency. Here we begin to see tensions between the humanitarian project that is child adoption, and the unease produced by viewing the child as human ‘product’. This invites analysis via critical theory. The use of marketing in child adoption raises issues related to the objectification and commodification of the child and prospective adopters. Within child adoption it is assumed that we must engage with the child as ‘face’ (Bauman, 1995). But will these assumptions stand the encroachment of marketing techniques into this very sensitive area? (shrink)