ABSTRACT The present study features an interview between a Royal Canadian Mounted Police (RCMP) officer and a female indigenous minor, who was reporting her own sexual assault. The study highlights how the child's interview with the officer appears to include gender-specific judgements. Thus far, few critical studies, underscoring interview techniques, feature power relations and ideologies in the discourse. This study identifies police negotiation with female assault complainants as discursive Yentling. Inspired by the term Yentl syndrome, (...) where female health is often underappreciated because it is judged from male prerogatives, the present study proposes that discursive Yentling emerges from victim blaming, perpetrator mitigation, and the sexualization of rape. Drawing attention to transcripts of an RCMP interview with a child complainant, this study asks (1) what power relations and ideologies manifest in the dialogue between the officer and the complainant? (2) Do the findings give evidence for discursive Yentling? Transitivity analysis and a discourse historical approach reveal ideological predispositions towards the complainant during the interview. The implications for this study hopefully provoke more considered police interview techniques for potential victims of sexual assault and inculcate a culture of feminist understanding in Canadian public services. (shrink)

Police and pastoral power: governmentality and correctional forensic psychiatric nursing Since 1978, the federal inmates of Canada have had access to a full range of psychiatric care within the penitentiary system. Several psychiatric units are now integrated into the correctional services of Canada. This paper presents the results of a grounded theory doctoral study undertaken in a multilevel secured psychiatric ward within the Canadian federal penitentiary system. The author describes and discusses the results of qualitative data that emerged (...) from his fieldwork. The concept of governmentality, as defined by the late French philosopher Michel Foucault, constitutes one of the major theoretical tools that were helpful in analyzing these data. Police and pastoral power, two dimensions of the security apparatus of governmentality, were found to be useful in understanding and characterizing nursing practice caught between the penal and the psychiatric dispositifs. A Foucauldian perspective allows one to understand the manner in which forensic psychiatric nursing is involved in the governance of mentally ill inmates through three forms of power — sovereign, disciplinary and pastoral — which have posited nursing practice as a strategic tool of the correctional services. This research consists of a study of nursing practice in an extreme setting that deserves a radical analysis. (shrink)

Law enforcement’s troubled interactions (characterised by unusually harsh, arbitrary, unjust, and racist interactions and attitudes) with minority and marginalised populations in Canada and other western countries are well documented. Against the backdrop of such scholarship, this paper attempts to make sense of alternative perceptions held by some sex workers of colour about police officers’ attitudes or behaviours towards minority and marginalised communities. Using qualitative interview data, this paper explains how some sex workers of colour in Canada actively interpret the (...) character of law and legality to negotiate power imbalances when interacting with police officers. The main aim here is to show how research participants produce a counter-narrative and a polarised image (instead of a fixed one) of police officers as simultaneously ‘compassionate’ and ‘prejudiced’ social control agents, bringing out the symbiotic tensions between such dichotomous characteristics. (shrink)

Research suggests that Canadian police officers are exposed to trauma at a greater frequency than the general population. This, combined with other operational stressors, such as risk of physical injury, high consequence of error, and strained resources, can leave officers less resilient to organizational stressors. In my experience, a significant and impactful organizational stressor is ineffective leadership, which include leaders who are non-supportive, inconsistent, egocentric, and morally ambiguous. Ineffective leadership in the context of paramilitary police culture has (...) been recognized as psychologically distressing. Further, moral injury may result when leadership fails to meet officers’ needs, expectations, and values. Ineffective leadership and resulting moral injuries are an understudied area in the literature. This review will help provide a comprehensive context of policing and the impact of ineffective leadership on police mental health. (shrink)

On July 27th, 2013, Sammy Yatim was shot and killed by Toronto Police Services’ Constable James Forcillo during a verbal confrontation on a streetcar as Yatim brandished a switchblade knife. Forcillo was charged, initially with second degree murder, and later attempted murder—a decision that confused media commentators as attempted murder is a lesser-and-included offense to second degree murder in Canadian law. In January 2016, Forcillo was found not guilty of second degree murder and guilty of attempted murder. Video (...) evidence, recovered from the streetcar’s onboard security cameras, was described by the presiding judge, Justice Edward Then, as proving beyond a reasonable doubt that Forcillo’s testimony was unreliable, especially in light of other evidence. This paper examines the use of video evidence to arrive at a ‘compromise verdict’ and the paradox of being convicted of attempting to murder someone who was killed. (shrink)

As part of a larger study eliciting Canadian producer and non-producer views about animal welfare, open-ended, semi-structured interviews were used to explore opinions about animal welfare of 20 Canadian pig producers, most of whom were involved in confinement-based systems. With the exception of the one organic producer, who emphasized the importance of a “natural” life, participants attached overriding importance to biological health and functioning. They saw their efforts as providing pigs with dry, thermally regulated, indoor environments where animals (...) received abundant feed, careful monitoring and where prospective disease outbreaks could be minimized and controlled. Emphasis was also placed on low-stress handling and agreeable working conditions which were believed to promote good animal care. The fact that pigs tend to respond to such conditions with steady growth reinforced the belief that good welfare was provided. Participants supported the use of sow gestation stalls, but with some reservations, and expressed concern about welfare problems that could occur if sows were grouped. Invasive procedures (castration, tail-docking, teeth clipping) were recognized as painful but were accepted because they were seen as: (1) necessary for sales or management; (2) satisfactory trade-offs to prevent worse welfare problems such as injury or infection; or (3) sufficiently short-term to be relatively unimportant. Participants were adamantly opposed to animal neglect and some welcomed actions of animal protectionists that expose poor care. Producers also welcomed natural-science-based approaches to improving animal welfare. The findings contribute to a broader effort to identify overlapping values among different stakeholder groups as a basis for formulating mutually agreeable, farm animal care and handling polices. (shrink)

BackgroundResearch ethics and the measures deployed to ensure ethical oversight of research (e.g., informed consent forms, ethics review) are vested with extremely important ethical and practical goals. Accordingly, these measures need to function effectively in real-world research and to follow high level standards.MethodsWe examined approved consent forms for Magnetic Resonance Imaging (MRI) and functional Magnetic Resonance Imaging (fMRI) studies approved by Canadian research ethics boards (REBs).ResultsWe found evidence of variability in consent forms in matters of physical and psychological risk (...) reporting. Approaches used to tackle the emerging issue of incidental findings exposed extensive variability between and within research sites.ConclusionThe causes of variability in approved consent forms and studies need to be better understood. However, mounting evidence of administrative and practical hurdles within current ethics governance systems combined with potential sub-optimal provision of information to and protection of research subjects support other calls for more scrutiny of research ethics practices and applicable revisions. (shrink)

The violation of editorial independence by the CMA seriously damaged trust in CMAJ and raises questions whether the CMA can operate a truly independent journalOn February 20, 2006, John Hoey and Anne Marie Todkill, the two most senior editors of the Canadian Medical Association Journal were fired by the journal’s publisher, Graham Morris. At first, CMA spokespersons said that the firing had been planned for some time based on a desire to “refresh” the journal. Later they refused to offer (...) any explanation, and weeks later they declared that there had been “irreconcilable differences,” without specifying anything more. After the journal’s editorial board tried fruitlessly to convince the Canadian Medical Association to reinstate the dismissed editors, I resigned from the editorial board. I had been a member since 1999. My letter of resignation to the CMA’s president made these points:" “By interfering with the editorial autonomy of two outstanding editors and firing them without explanation, you have provoked a scandal that will be long remembered as a blot on Canadian Medicine. … Despite the acknowledged success of the CMAJ, you gave no cause for the editors’ dismissals. … You caused the editors to be fired without consultation with major members of the Journal Oversight Committee. … In your public comments, you were even disingenuous about whether the editors were fired. … In answering to the issue of the editors’ departure, you have hidden behind a veil of bureaucratic legalisms, and by arguing that the Editorial Board knows only “one side,” you have left the impression that the editors have done something nefarious. Thereby, you have besmirched the good names and reputations of the editors. … You have mounted a PR campaign to “spin” public opinion at the expense of honest, respectable and hard working … ". (shrink)

Magnetic observations were essential for polar navigation, and were carried out systematically on both sea and land-based expeditions to the Canadian Arctic throughout the nineteenth century. John Franklin took a particular interest in magnetic studies and encouraged the Admiralty to adopt Robert Were Fox's dip circle. The establishment of the Toronto magnetic observatory provided a base for John Henry Lefroy's survey of the North West Territories. The Royal Navy's programme of magnetic research, commenced in the aftermath of the (...) Napoleonic Wars, was maintained until the British Arctic Expedition of 1875–76, commanded by Nares. In all these expeditions, the nature and limits of the observations were determined by the available instruments. (shrink)

Data from a survey on the sexual harassment of women in Canada reveal that 83.2 percent of the 1,990 women interviewed had received obscene or threatening telephone calls. Divorced and separated women, young women, and women living in major metropolitan areas were most likely to have been victims of this harassment. The “most disturbing” calls usually came at night when the respondent was home alone. The typical caller was an adult male unknown to the woman. Relatively few women reported these (...) calls to the police or the phone company, and those who did tended to get an unhelpful response. Most women said that the calls affected them emotionally, with fear being by far the most prevalent response. The results provide strong support for feminist theorizing about violence, fear, and the social control of women. (shrink)

In this article I analyze some of the troubling issues in Canadian media ethics, based on in-depth interviews with more than 50 experts on Canadian media. I begin by reflecting on the cultural considerations involved in the Canadian media's proximity to the United States. Subsequently, I discuss the problems of excessive ownership of the media by a few organizations, arguing that the right to exercise free expression does not include the right to own as many media organizations (...) as money can buy. In this context are considered the work of two Royal Commissions: the 1970 Davey Commission and the 1980 Kent Commission. Finally, I am concerned with excessive intrusion of individual privacy. When news becomes entertainment and private stories become public spectacle, individual lives can be mercilessly exposed to the glaring spotlight of unwanted publicity. In delineating the boundaries of intrusion, there is a need to distinguish between public figures and ordinary citizens, and between those who choose to live in the spotlight and ordinary citizens who stumble into the public eye. (shrink)

Ethically complex and challenging cases confront health care professionals in neonatal‐perinatal medicine more often than in most other subspecialties in medicine. Neonatologists regularly encounter situations where crucial life‐or‐death decisions need to be made in the best interest of an infant and its family. While physicians and their professional societies seem to dictate this best interest standard by weighing the risk of mortality and morbidities, parents may have other perspectives to be considered.Our review of programs for teaching ethics in Canadian (...) neonatal‐perinatal residency programs has revealed that 90 percent of them incorporated formal and informal medical ethics education, meeting the Royal College of Physician and Surgeons of Canada requirements, but that the teaching strategies, topics covered, and time devoted to teaching ethics are not standardized. Lectures and case presentations—the pedagogic strategy used by most programs—are not ideal for teaching communication skills. We propose, therefore, a holistic approach to teaching and training that imparts (1) a traditional understanding of ethical theory and reasoning, (2) advanced skills in communication and counseling, and (3) a disposition to engage in self‐reflection and to be aware of the emotional and spiritual dimensions of neonatal‐perinatal medicine. (shrink)

In Canada, the Assisted Human Reproduction Act received royal assent on 29 March 2004. The approach proposed by the federal government responds to Canadians’ strong desire for an enforceable legislative framework in the field of reproduction technologies through criminal law. As a result of the widening gap between the rapid pace of technological change and governing legislation, a distinct need was perceived to create a regulatory framework to guide decisions regarding reproductive technologies.In this article the three main topics covered (...) in the new legislation are commented on: cloning, germline therapy, and purchase of gametes and embryos. Some important issues also covered in the new legislation, such as privacy and access to information, data protection, identity of donors, and inspection, will not be addressed. (shrink)

In this article, the authors examine the systemic nature of state violence and racial terror in the context of the Australian settler state and Indigenous deaths in custody. Drawing on Steve Martinot and Jared Sexton’s (2003) concept of a “double economy of terror,” the authors contend that police violence and Aboriginal deaths in custody must be read in terms of the standard operating procedures of a double economy of terror that ensures the institutional reproduction of the Australian settler colonial (...) state. Death in police custody, Perera and Pugliese argue, is coextensive with the larger governmental and administrative apparatuses of the colonial state. In the face of the settler state’s systemic ignorability of the ongoing racialized violence against Indigenous peoples, the authors conclude their paper opposing such a state with an Indigenous voice that refuses tacit acquiescence and that howls with rage at the mounting Aboriginal deaths in custody and rates of Indigenous imprisonment. (shrink)

Socially responsible investors buy financial securities with two goals: to make a market-based return, and to make companies act in a more socially responsible way. Most research on socially responsible investment deals with investing in stocks traded on major exchanges. We add the case of loaning small amounts of funds to microentrepreneurs through a discussion of a particular case. The case is that of Calmeadow which, in conjunction with the Royal Bank of Canada, set up a microlending project in (...) rural Nova Scotia (Canada). Using Hirschman’s analysis of “exit” and “voice”, we show that while socially responsible investors may make market-based returns for their investments in stocks traded on major exchanges, they have no effect on corporate behaviour because their action consists of exit, and they are easily replaced by other investors. They attain their first goal but not their second. On the other hand, in the Calmeadow/Royal Bank of Canada case, we see that those who lend money to microenterprises can more easily use voice. The relative power difference between the lender and the microentrepreneur enables the lender to make the microentrepreneur act in a more socially responsible way, although only marginally. But because of the market imperfections existing in this case (the very high transactions costs associated with administering small loans), the lender concluded it could not attain a market rate of return. In this case, then, the lender attained its second goal but not its first. (shrink)

The residency years comprise the last period of a physician’s formal training. It is at this stage that trainees consolidate the clinical skills required for independent practice and achieve a level of ethical development essential to their work as physicians, a process known as professional identity formation (PIF). Ethics education is thought to contribute to ethical development and to that end the Royal College of Physicians and Surgeons of Canada (RCPSC) requires that formal ethics education be integrated within all (...) postgraduate specialty training programs. However, a formal ethics curriculum can operate in parallel with informal and hidden ethics curricula, the latter being more subtle, pervasive, and influential in shaping learner attitudes and behavior. This paper reports on a study of the formal, informal, and hidden ethics curricula at two postgraduate psychiatry programs in Canada. Based on the analysis of data sources, we relate the divergences between the formal, informal, and hidden ethics curricula to two aspects of professional identity formation (PIF) during psychiatry residency training. The first is the idea of group membership. Adherence to the hidden curriculum in certain circumstances determines whether residents become part of an in-group or demonstrate a sense of belonging to that group. The second aspect of PIF we explore is the ambiguous role of the resident as a student and a practitioner. In ethically challenging situations, adherence to the messages of the hidden curriculum is influenced by and influences whether residents act as students, practitioners, or both. This paper describes the hidden curriculum in action and in interaction with PIF. Our analysis offers a complementary, empirical perspective to the theoretical literature concerning PIF in medical education. This literature tends to position sound ethical decision-making as the end result of PIF. Our analysis points out that the mechanism works in both directions: how residents respond to hidden curriculum in ethics can be a driver of professional identity formation. (shrink)

This essay situates the French Jesuit missionary Joseph-François Lafitau's (1681–1746) ‘discovery’ of Canadian ginseng within its social, commercial and religious contexts, and illustrates how the missionary's upbringing and education in France shaped the way he perceived nature in the New World. It elucidates the manner in which Lafitau ‘Galenized’ Canadian flora, fauna and peoples. It explores the role of Lafitau's dual enculturation in both a mercantile household and later the Society of Jesus in his application of Galenic categories (...) to Canadian nature. The essay then examines the tensions between localism and universalism in Galenic medicine in the eighteenth century. It links these dichotomies to Lafitau's Galenization of Canadian ginseng. Finally, it suggests that since the Jesuits were prohibited from trading goods they had purchased, they sold medicinal plants they had cultivated themselves, which played a central role in financing the Society's missions in a manner they believed to be morally acceptable. (shrink)

The shooting bias hypothesis aims to explain the disproportionate number of minorities killed by police. We present the evidence mounting in support of the existence of shooting bias and then focus on two dissenting studies. We examine these studies in light of Biddle and Leuschner’s “inductive risk account of epistemically detrimental dissent” and conclude that, although they meet this account only partially, the studies are in fact epistemically and socially detrimental as they contribute to racism in society and to (...) a social atmosphere that is hostile to science as scholars working on issues of racism come under attack. We emphasize this final point via recourse to Kitcher’s “Millian argument against the freedom of research.”. (shrink)

The shooting bias hypothesis aims to explain the disproportionate number of minorities killed by police. We present the evidence mounting in support of the existence of shooting bias and then focus on two dissenting studies. We examine these studies in light of Biddle and Leuschner’s “inductive risk account of epistemically detrimental dissent” and conclude that, although they meet this account only partially, the studies are in fact epistemically and socially detrimental as they contribute to racism in society and to (...) a social atmosphere that is hostile to science as scholars working on issues of racism come under attack. We emphasize this final point via recourse to Kitcher’s “Millian argument against the freedom of research.”. (shrink)

Abstract: If anger is the emotion of injustice, and if most injustices have prominent epistemic dimensions, then where is the anger in epistemic injustice? Despite the question my task is not to account for the lack of attention to anger in epistemic injustice discussions. Instead, I argue that a particular texture of transformative anger – a knowing resistant anger – offers marginalized knowers a powerful resource for countering epistemic injustice. I begin by making visible the anger that saturates the silences (...) that epistemic injustices repeatedly manufacture and explain the obvious: silencing practices produce angry experiences. I focus on tone policing and tone vigilance to illustrate the relationship between silencing and angry knowledge management. Next, I use María Lugones’s pluralist account of anger to bring out the epistemic dimensions of knowing resistant anger in a way that also calls attention to their histories and felt textures. The final section draws on feminist scholarship about the transformative power of angry knowledge to suggest how it might serve as a resource for resisting epistemic injustice. (shrink)

Brazil’s Movement of the Landless emerges from this collection as one of the great social movements of modernity. In historical chapters we see its evolution from confrontations with landowners and police in land invasions in the South of Brazil in the 1970s to become a multi-faceted movement with a presence throughout Brazil. More than a pressure group for Land Reform, it turned to mount a comprehensive challenge, on linked legal, cultural, political and economic fronts to Brazil’s dominant model of (...) development. Its ‘social movement approach’, conjoining challenge to Brazil’s massive inequalities with the formation of active citizens among the marginalised rural poor, has become a model for movements in the urban scene. We see this not just through the rich descriptive accounts of MST actions, but because the contributing editor, Miguel Carter, has pointed the action portraits with theoretical acumen, and, with other contributors, placed them in historical context. (shrink)

Oleoresin capsicum (OC) is a substance contained in capsicum peppers that produces a range of physiological responses in mammals, including inflammation and respiratory constriction. It is also the active ingredient in the most widely used chemical munition in the United States. OC-based pepper sprays are now issued to police officers by nearly every law enforcement agency in the country. Police use of pepper spray is supported by an ostensibly evidence-based consensus that OC exposure presents no significant risk of (...) lethal injury. This essay examines the peculiar durability of that nonlethality consensus in the face of mounting contradictory evidence. It traces the trajectory of European science that links race and capsaicin sensitivity from colonization to slavery to the twentieth century, while also narrating the emergence of OC-based pepper spray as a distinct and highly desirable category of police weapon. It concludes by exposing medicolegal death examination practices that continually rehabilitate the nonlethality consensus by naturalizing deaths caused by or linked to OC exposure. (shrink)

My Back Is To A Life Passed. A year, maybe more, in liminal space. Waiting. For a vaccine. For better therapeutics. For a political climate to shift. All the while, the actual climate turns against us.The waters rise in the East. Fires rage in the West.My back is to a life passed. Retirement, just before the pandemic. Post-retirement and lockdown, simultaneous. A turn to a writing life—solitary, self-directed, coming at a time when my options are limited. My go-to places for (...) connection and inspiration—museums, coffeehouses, lectures, and readings—all off-limits. The natural world, my cathedral, also inaccessible. The fires rage, and the air is unbreathable.Over morning coffee, in our quiet house, the windows shut against dangerously high particulates and a darkened sky, I read an article by Julian Lucas in The New Yorker, “When a Virus Becomes a Muse.” He reviews the work of Hervé Guibert, the French writer who died from AIDS in 1991. Guibert focused on the body. His young, sexual body, with its confounding insistence. His failing body, ravaged by disease. AIDS was his muse, blasting him into a wildly creative few years, writing four books in the last three years of his life (Lucas).How will this virus, the novel coronavirus, serve as muse? The pandemic sets limits: Where can I go? Who can I see? I live within constructs and limitations imposed much like the rules of poetic form. Within those—the sonnet, the haiku—how is language wrought? How sharp, how bright, its expression? If I cannot hug you, how do I show my devotion? In my separate state, how do I live connection? I have a new expression. Mouth and nose covered, only my eyes showing, framed by glasses I need in order to see, I punctuate exchanges at the checkout counter, and with the health-check staff at the entrance to my daughter's physical therapy facility, by forcing my eyes into a warm, glad squint. I want them to beam. From people's responses—the moment of recognition, the tender mirroring, the body tilting to the side, eyes crinkled, head nodding—I can tell that the beam is working. It took time to develop this new way. I learned that I have to smile with my mouth, with my whole face, even when it can't be seen, for my feelings to show.Life, like art, requires structure, the boundaries of form. How to structure a day? It could be embodied. Filled. Wasted. Or used. My back is to a life where hours and minutes had a particular meaning. I am no longer expected at work by a certain hour, nor to put in three hours before my morning break. The collective future, where we tossed plans, goals, places we would see—again, or for the first time!—cannot be reached over the smoothed and worn stepping-stones of, say, weeks until a holiday. The broad swaths of the day become the new metric. The slow, mounting morning. A walk, or a longer one, before getting to the bulk of the day's writing. The noontime pivot, heat of the day rising, the birds quiet. Lunch, and a few chores. Essential errands. Medical appointments.The downslope of afternoon, with its nagging refrain, in the time you have left... The swirling, heated world. Greta Thunberg, 16 years old, sails from Europe to the United States to address a conference on climate change. She sails, rather than flies, so as not to add to her carbon footprint. It takes time, that voyage. She waits on deck while moving toward her future. The past recedes. The stormy Atlantic rises.Is it any clearer now that the food chain originates not in boardrooms but in hot fields, that the first essential worker drops from the back of a truck before sunup with a knife and a crate held in roughened, swollen hands?At night, sitting on the sofa, we watch television, the police procedurals that offer entertainment. Escape and relief. The day has passed. These are the rewards for getting through another day of uncertainty, managing the anxiety of risking exposure in order to get groceries and prescriptions and to bring my daughter to physical therapy. The TV detectives we favor work in teams as they interview suspects, talk to witnesses, confer with one another as they refine their theories and move photographs and bits of evidence around on the bulletin board. Our shows always tie up nicely in the end. In my life now, without the team or the interviews or the meetings that keep the detectives connected, I pretend that I am one of them, that my notebooks and plot maps and drawings and time lines are all clues to a mystery that I will solve. Despite my enervated state, I get up, I work, I look at and handle all the materials I have acquired. The day passes. Each night, a reward for getting through the day. Another day. Standing between worlds. Waiting. (shrink)

continent. 1.4 (2011): 242—252. Introduction The following two works were produced by visual artist Jonas Staal and writer Vincent W.J. van Gerven Oei during a visit as artists in residence at The Bag Factory, Johannesburg, South Africa during the summer of 2010. Both works were produced in situ and comprised in both cases a public intervention conceived by Staal and a textual work conceived by Van Gerven Oei. It was their aim, in both cases, to produce complementary works that could (...) be read “through each other,” in which the movement of artistic construction would be imitated by textual deconstruction and vice versa. Both works deal with the way in which capital, apartheid, and monumentality are interwoven in South-African society. The Missing Link addresses a monument for democracy, erected on the premises of a private corporation running both an amusement park and the Apartheid Museum franchise. The textual intervention accompanying this public intervention investigates the limits of the inclusiveness of the anti-discrimination section in the South-African constitution, itself a monumental work of democracy. The Monument for the Distribution of Wealth deals with the history and eventual dissolution of a monumental square, commemorating the Soweto Uprising, in one of the poorest townships of Johannesburg. The history accompanying this public dismemberment of memory is equally fragmented, which is expressed by the many voices recounting uncertain and perhaps even irrelevant “facts” about the genius loci, the way in which the memorial space has actually entered into the memory of the inhabitants surrounding it. Next to their individual practices, Staal and Van Gerven Oei have worked together on a number of projects ever since 2007, including several art residencies. Their work involves an investigation of the different interfaces between art, politics, and public space in media ranging from theater and public interventions, to video installations and (co-authored) textual works. The Missing Link Missing Link (1) Missing Link (2) Missing Link (3) Intervention on the monument entitled The Seven Pillars of the Constitution , part of the Apartheid Museum in Johannesburg, South Africa. The Seven Pillars represent the constitutional values propagated in South Africa since the abolition of the apartheid regime. The monument and museum were built by the Gold Reef Resorts corporation, which is also responsible for the theme park and casino next to it. By placing the word “capitalism” on the wall surrounding the museum, the capitalist system and the constant social divisions that it implies are interpreted as sophistic continuations of apartheid politics. Through the capitalist system, apartheid is still operational within South African society. Whereas during the apartheid regime, the separation clearly ran along race divisions, in the current, “democratic” system, the same actual separation is sustained without it being an explicit element of the foundations of the country, i.e. the constitution. This intervention foregrounds the constant role of capitalism is both periods. At the same time the intervention acknowledges that contemporary Western artisthood is a mirror of the privileges that are offered by the capitalist system, and the type of artist that it produces. The intervention initiates a critical discourse concerning the capitalist system situated within the disaster of capitalism itself, in other words: through the desire to break with the presumption that art would be able to operate outside the capitalist system and to confirm that art—and the artist himself—is in fact modeled on this system. The public intervention by Staal was supplemented by a textual intervention by Van Gerven Oei: a proposition to alter the seventeenth amendment of the South African constitution. Even though the anti-discrimination legislation in South-Africa is one of the most stringent and inclusive in the world, one factor—wealth—remains outside its scope, thus continuing the schisms along racial lines produced during the apartheid regime: §9.3. The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, birth, and wealth. Monument for the Distribution of Wealth Intervention concerning the June 16 Memorial Acre in Central Western Jabavu, one of the poorest townships of Johannesburg. The monument comprises a park on which different are placed recalling an important protest the black population against the former apartheid regime. In 1976, from a school adjacent to the park, they started a massive protest against the introduction of Afrikaans in the school curriculum. The police reacted violently, and shot several hundreds of students. The construction of the June 16 Memorial Acre was started in 2005, and from the start was the paragon of corruption. Coordinated by local politicians, some family members of the protest leader from 1976 gained control of the realization of the monument, outside the regulation through external institutions. The available budget of 41 million rand (at that time well over 5 million euro) was largely embezzled. In the meantime, the monument has become fully dilapidated and defaced. The park has become overgrown with weeds and covered in a layer of dirt, and the local population is slowly plundering the square to use the material for the construction and decoration of their own houses. The Monument for the Distribution of Wealth develops the dynamics already existent around the June 16 Memorial Acre. Without obtaining official permission in advance, several local inhabitants were hired to break down the monument, sort the materials, and offer it to the neighborhood. Thus, the redistribution of wealth after the fall of the apartheid regime is finally taking place, albeit from the mere remains of the capital that was once invested in the community. The words “monument” and “for free” are spray-painted on the stacks of material, both in English and Zulu, as these are locally the most common languages. Van Gerven Oei supplemented Staal’s public intervention with an account of the history of the monument based on a series of interviews. The account clarifies how the different interests within the protest 1976 are reflected in the exceeding decay of the park, and how in the end those interests were represented by the June 16 Memorial Acre. Monument for the Distribution of Wealth 1: Removing stones Monument for the Distribution of Wealth 3: Pulling down statues Monument for the Distribution of Wealth 4: Offering the material Monument for the Distribution of Wealth 5: Offering the material Monument for the Distribution of Wealth 6 The next day A Fragmentary History of the Monument for the Distribution of Wealth, Formerly Known as the June 16 Memorial Acre in Central Western Jabavu, Soweto Vincent W.J. van Gerven Oei The following text, based on interviews and online research aims to provide parts of a history of the park in front of Morris Isaacson High School in Central Western Jabavu, Soweto. The idea for the transformation of the park into a memorial site has its source in the events of June 16, 1976: the start of the the student uprising in Soweto. The development of the park was started in the early 1980s, and the actual transformation into a memorial site, the June 16 Memorial Acre, was initiated in 2005. Over the last few years, several monumental additions have been made to the park: A marble monument with three pillars was revealed on June 16, 2006. A sculpture of a book and several billboards on June 16, 2008. A sculpture of student leader Tsietsi Mashinini on June 16, 2010. The park was transformed into the Monument for the Distribution of Wealth on August 3, 2010. According to the entry “Youth Struggle” on the website South African History Online, the Bantu Education Act was introduced in 1953 . In 1954 , Dr Verwoerd, Minister of Native Affairs, stated: “What is the use of teaching the Bantu child mathematics when it cannot use it in practice? That is quite absurd.” According to the entry “Soweto uprising” on Wikipedia, the Afrikaans Medium Decree was issued in 1974 , forcing all black schools to use Afrikaans and English in a 50-50 mix as languages of instruction. The Regional Director of Bantu Education (Northern Transvaal Region), J.G. Erasmus, told Circuit Inspectors and Principals of Schools that from January 1, 1975 , Afrikaans had to be used for mathematics, arithmetic, and social studies from standard five (7th grade). English would be the medium for general science and practical subjects. Indigenous languages would be used for religion instruction, music, and physical culture. According the entry “Soweto uprising” on Wikipedia, on April 30, 1976 , students from the Orlando West Junior School in Soweto went on strike, refusing to go to school. Their example was followed by other schools in Soweto. A student from Morris Isaacson High School, Toboho “Tsietsi” Mashinini, proposed a meeting on June 13, 1976 to discuss further action. According to Weizmann Hamilton’s article “The Soweto Uprising 1976,” which appeared in the September 1986 edition of Inqaba Ya Basebenzi (Fortress of the Revolution), on June 13, 1976 , the South African Students’ Movement called a meeting at the Donaldson Community Center in Orlando. 300-400 Students representing 55 schools decided to hold a mass demonstration on June 16. According to Brian Mokhele, member of the Joint Community Safety Forum, Dr Edelstein was the first victim of the Soweto uprising and killed the day before the march on June 15, 1976 . Edelstein was an administrator at the pass office in Jabavu and gave golf courses to the local community. Edelstein was put in a garbage bin and pierced by pickaxes. The garbage bin was left at the very spot of the murder for many years. A few years ago, a child was beheaded at the same spot, and the basketball court next to it has been abandoned since. According to Marcus Neustetter, founder of the Trinity Session, this story is untrue. According the entry “Soweto uprising” on Wikipedia, on June 16 , Tsietsi Mashinini led students from Morris Isaacson High School to join up with others who walked from Naledi High School. A crowd of between 3,000 and 10,000 eventually ended up near Orlando High School. According to Raymond Marlowe, a local photographer, Tsietsi Mashinini was heading the march. According to the entry “Hector Pieterson” on Wikipedia, Dr Edelstein died on June 16, 1976 , stoned to death by mob and left with a sign around his neck proclaiming “Beware Afrikaaners.” The first child to die that day was called Hastings Ndlovu. According to Pat Motsiri, Orlando West is claiming struggle heritage through the Hector Pieterson Museum, while Hector Pieterson was from Jabavu. According to Pat Motsiri, his generation effectively struggled between 1980 and 1991, forcing the release of Nelson Mandela and negotiations with the apartheid regime while the 1976-generation was safely in exile. Nevertheless, this has not been recognized in any monument. After the abolition of apartheid, the generation from 1976 returned from exile, occupied important government and ANC positions, creating an abundance of 1976 memorials and refusing to acknowledge that this was only possible because of the younger generation’s struggle. He calls this a generational conflict. According to Archibald Dlamini, the park officer responsible for the Memorial Acre, he started working for the municipality in 1978. In 1981/82 , Isaac Makhele from Pimville, who used to work in the cemetery business, was the first developer of the park. It used to be just a normal park until City Parks decided to develop the Memorial Acre in 2006. In 2007 the work was stopped by the community. According to Brian Mokhele, he left the country in 1989 after he participated in the riots of 1986. But when he returned in 1999 he found that nothing had changed. He says that they were promised to be protected by the Constitution, but that reality is different. The police uses fear to suppress them so that they don’t come out to talk openly. He has been arrested twice, both times harassed and tortured by the police, but in the end always released without indictment. He says that this is their way to threaten communities to back off from politics. According to Moses, who is sitting outside rolling a joint, Brian knows everything. He tells Brian to tell me everything he knows. According to Brian Mokhele, Tsietsi Mashinini was possibly murdered in 1990 during his exile in New York. Two weeks before he was supposed to return to South Africa, his papers in order, he was found dead under mysterious circumstances. His coffin was sealed when he was buried. According to Pat Motsiri, he came up with the idea for the Memorial Acre in 2003 . He submitted the documents for the proposal to the council, which sidelined him as soon as the budget came out in 2005 . According to Brian Mokhele, there was on estimation R 41,000,000 spent to redesign the park and turn it into the Memorial Acre. The millions were divided by Amos Masondo, the mayor of Soweto, the local councilor Bongani D. Zondi, and the director of the city of Johannesburg, Pat Lephunya. They were dividing the money between several contractors: Tsietsi Mashinini’s brothers were involved in the development of the park, they got the tender to do the green areas, the landscaping. Construction was done by other companies, some did the paving, the toilets, etc. EMBA, a private company appointed by the municipality was in control of the money flow, but the money was quickly gone. According to Raymond Marlowe, the contractor bought a BMW with the money. According to Archibald Dlamini, the Mashinini brothers got the tender, so the space would look more like the other places around in Soweto. It was agreed that after they were done, they would return the property to the municipality. They did whatever they could do. According to Mafaisa, a member of the Jabavu business community, he was one of the contractors for the landscaping and the pavement under Mpho Mashinini, one of the brothers. He says that I should contact Mavi for information on Mpho. According to Poi Stuurman, a local youth worker, Mafaisa is one of the guys who ran away with the money. According to Mavi, Mpho Mashinini was never a contractor. The contracts were organized by Sbu Butelezi, the former head of the Gauteng Department for Public Works. The June 16 Foundation and the Mashinini brothers will be the beneficiaries of the park when it is finished. According to Brian Mokhele, City Parks did not accept the Memorial Acre because it was not finished. The rest of the year, the unfinished park is not maintained, as should have happened. This was done deliberately so that in the end they can just clean the whole thing up and have a reason to redo the whole park. According to Brian Mokhele, the Mashinini brothers now work for the government. People that manipulate for money purposes always come from the government’s side. Because the park was left unfinished, the people from the neighborhood are taking away the stones to decorate their own homes with. According to Archibald Dlamini, because City Parks doesn’t accept responsibility of the park, he officially has nothing the guard, except for his cottage, which is municipal property. The thieves come at night and destroy the park, but he cannot do anything because he is sleeping. According to the website of the Thanda Foundation on June 16, 2006 a bronze statue of Hector Pieterson, the first child to die in the 1976 protests, made by Kobus Hattingh and Jacob Maponyane was unveiled in the Maponya Mall in Soweto. The statue is sculpted after the famous image shot by Sam Nzima of Mbuyisa Makhubo carrying the dead body of the boy. The sculpture was sponsored by the Thanda Foundation, founded by the Swedish entrepreneur Dan Olofsson and South-African entrepreneur Matthews Phosa. According to the official website of the City of Johannesburg, the Memorial Acre and Artwork were unveiled in 2006. According to a blog post on sowetouprisings.com, the Memorial Acre was still under development on July 24, 2006. According to Archibald Dlamini, City Parks only cleans up the park once a year just before the June 16 celebrations. Everybody is waiting for the Mashinini brothers to finish their job. The last time he talked with them was in 2007 . According to a sign on the school grounds of the Morris Isaacson High School, the June 16 Trail will be finished in 2008 . According to a blog post on sowetouprisings.com, the Memorial Acre contains another monument erected in Tsietsi’s honor. The monument was created as part of the Sunday Times Heritage Public Art program. Its physical form resembles a giant book which symbolizes the crisis in education experienced in 1976. On the face of the book is the map of the route taken by the students from Morris Isaacson High School in Central Western Jabavu to Phefeni Junior Secondary in Orlando West (currently the site of the Hector Pieterson Museum), while the back cover of the ‘book’ is inscribed with a tribute to Tsietsi Mashinini. The monument was revealed on June 16, 2008 . According to Marcus Neustetter, the billboards on the Memorial Acre were part of a school project realized in 2008. Following several workshops, the students from different high schools along the June 16 Trail were invited to work with artists on the billboards, while the neighborhood community was invited to watch the process during the festivities on June 15 and 16, 2008 . The billboards were supposed to be removed because of construction works on the Memorial Acre, which never ended up happening. According to Brian Mokhele, the former toilet facilities were converted into a house for the park officer. This park officer has been working for city parks for more than 12-15 years, but does nothing here, because the park, including the new toilet buildings, is not finished. The government is now moving around looking for people to take this job because they stopped it. They confronted everybody who was going in and chased them away. According to John, in 2009 , some girls, around 16 or 17 years old, were raped by four men who had been drinking in a local shebeen. When the bar quit they said that they would go home by car, but instead raped the girls on the Memorial Acre nearby. This happened in the unfinished toilets, because the doors couldn’t be closed. According to Brian Mokhele, there used to be some fences around the park because of the construction work that was eventually stopped, but these were also stolen. According to Archibald Dlamini, people from the neighborhood started about two and a half years ago, and the last piece was stolen near the end of 2009 . Sometimes he would catch someone with a roll of fence, and then use it for his own cottage. According to the official website of the City of Johannesburg, a statue of Tsietsi Mashinini by Johannes Pokhela was revealed on June 16, 2010 , “Youth Day.” According to Shirley Makutoane, deputy principal of Isaac Morrison High School, the statue of Tsietsi Mashinini, funded by the June 16 Foundation, has temporarily been placed within the school perimeter. The statue will be moved to the Memorial Acre when it will be finished, in 2011 . According to Brian Mokhele, beside the June 16 Foundation, there is also a June 16 Memorial Acre Foundation. Both foundations are quarreling about the money involved in the Memorial Acre project. Nobody knows who’s involved in them. According to Marcus Neustetter, the June 16 Foundation consists of people that were part of 1976 protest movement, local government officials, representatives of the Hector Pieterson Museum, and the council. According to students from the Isaac Morrison High School, the statue of Tsietsi Mashinini is on the school ground because on the Memorial Acre it would be vandalized by youths from White City, an adjacent neighborhood. Accorcing to Brian Mokhele, the statue of Tsietsi should eventually be mounted on the Memorial Acre. It is wrong that the statue is in the school at the moment, because it is not a public school. He wants the statues to depict the massiveness of the force that was coming into Soweto after the protests. According to Brian Mokhele, City Parks, City of Jo’burg, City Lights, and SAPS are making some sort of plan to take the plan back. They want to remove the trees from the Memorial Acre, and redesign the Memorial Acre into a relaxing park, without political content. They want to depoliticize the square. In doing so,they will have their own employment and not use local workforces. According to Brian Mokhele, the community wants to remove the monuments, amphitheater, and sculptures from the Memorial Acre because they do not resemble anything. The sculptures should be depicting the truth of what happened, because the Memorial Acre is a political heritage site. He wants to involve the people that actually participated in the struggle to make the monument so that everyone can enjoy it and get a better understanding of the struggle heritage. Therefore, he proposes collective ideology in which everyone has a say. This would prevent future vandalization of the monument. According to Pat Motsiri, the sculptures must depict the event around June 16, 1976. Like the story of Dr Edelstein, who was pierced by pickaxes, forced into a garbage bin and burned alive. According to Jonas Staal, the Memorial Acre should be destroyed, its elements stacked on pallets, thus forming the Monument for the Distribution of Wealth . According to Mafaisa, his men can do the work quickly. He has about twenty men working under him. (shrink)

There is limited research into the situations of people living with precarious status in Canada, which includes people whose legal status is in-process, undocumented, or unauthorized, many of whom entered the country with a temporary resident visa, through family sponsorship arrangements, or as refugee claimants. In 2005, a community-university alliance sought to carry out a research study of the lived experiences of people living with precarious status. In this paper, we describe our negotiation of the ethics review process at a (...) Canadian university and the ethical, legal, and methodological issues that emerged. Although being able to guarantee our participants complete confidentiality was essential to the viability of the project due to their vulnerability to detention or deportation, we discovered that the Canadian legal framework limited us to being able to offer them confidentiality “to the fullest extent possible by law.” One way to overcome this conflict would have been through the construction of a Wigmore defence, in which we would document that the research would not be possible without assurance of our participants’ confidentiality. Such a defence would be tested in court if our research records were subpoenaed by immigration enforcement authorities. Rather than take the risk that this defence would not be successful and would result in our participants being deported, we altered the research methods from using multiple interviews to establish trust (which would have required that we store participants’ contact information) to meeting participants only once to discuss their experiences of living with precarious legal status in Canada. Our encounter with the ‘myth of confidentiality’ raised questions about the policing of knowledge production. (shrink)

This paper argues: Canadian “Hate Speech Laws”, and similar laws in other jurisdictions, are instances of ‘unilateral censorship’, the suppression of a single political viewpoint. Unilateral censorship infringes upon the democratic commitment to free and fair elections. The legislated exclusion of some from the political process through the control of speech means that Canadian governance is best described as ‘logocratic’. It may be possible to mount a new “Charter Challenge” to Hate Speech laws invoking Section 3 of the (...) Charter, based on the idea that unilateral censorship infringes upon Section 3 guarantees of free and fair elections, and eligibility to run for Canadian legislative bodies. The envisioned challenge differs significantly from previous Charter Challenges because what is at issue are not the liberty rights of citizens in a democracy, but the democratic process itself. (shrink)

Before the Royal Society there was the Society of Astrologers, a group of around forty practitioners who met in London to enjoy lavish feasts, listen to sermons and exchange instruments and manuscripts. This article, drawing on untapped archival material, offers the first full account of this overlooked group. Convinced that astrology had been misunderstood by the professors who refused to teach it and the preachers who railed against it, the Society of Astrologers sought to democratize and legitimize their art. (...) In contrast to the received view of seventeenth-century London astrologers, which emphasizes their bitter interrelationships, this article draws attention instead to their endeavours to mount a united front in defence of astrology. The article locates the society's attempts to promote astrological literacy within broader contemporary programmes to encourage mathematical education. Unlike other mathematical arts, however, astrology's religious credibility was an area of serious concern. The society therefore commissioned the delivery and publication of apologetic sermons that justified astrology on the basis of its sacred history. In this context, the legitimacy of astrology was more a religious than a scientific question. The society's public relations campaign ultimately failed, however, and its members disbanded in the mid-1680s. Not only were they mounting a rearguard action, but also they built their campaign on out-of-date historical arguments. (shrink)

Intertwined with the celebration of Athenian democratic institutions, we find in the "Oresteia" another chain of interactions, in which the elite families of Argos, Phokis, Athens, and even Mount Olympos employ the traditional aristocratic relationships of xenia and hetaireia to renegotiate their own status within-and at the pinnacle of-the civic order, and thereby guarantee the renewed prosperity of their respective communities. The capture of Troy is the result of a joint venture by the Atreidai and the Olympian "family" . Although (...) Agamemnon falls victim to his own mishandling of aristocratic privilege, his son is raised by doryxenoi in Phokis , a relationship which is mirrored by that with the Olympian "allies," Hermes and Apollo. Orestes' recovery of his father's position is thus shown to depend upon a network of "guest-friends" and "sworn-comrades," reinforced by the traditional language of oaths and reciprocal loyalty. In the Eumenides, the alliance between the Olympian and Argive royal families is re-invoked as the basis both for Athena's protection of Orestes, and finally for Zeus' concern for his daughter's Athenian dependents. In contrast to this successful "networking," and the resultant benefits that trickle down to the citizens of Argos and Athens, stand the seditious oaths and perverted "comradeship" of Aigisthos and Klytaimestra; likewise, the Erinyes are unable to draw on equivalent claims of pedigree or xenia to those enjoyed by Orestes and Apollo. Like all Greek tragedies, the "Oresteia" presents the action through constantly shifting viewpoints, those of aristocrats and commoners, leaders and led, while the propriety of this hierarchy itself is never questioned. And although the action moves from monarchical Argos to an incipiently democratic Athens, paradoxically we hear less and less about "ordinary," lower-class citizens as the trilogy progresses. Thus, at the same time that the trilogy reinforces the sense of collective survival and civic values , it also suggests that these can be maintained only through the proper interventions of their traditional leaders. Aeschylus' plays were composed during a time when the Athenian democracy was still developing, and elite leadership and patronage were still taken for granted. Attic tragedy and the City Dionysia may be seen as a site of negotiation between rival ideologies within the polis, wherein a kind of "solidarity without consensus" is achieved. Written and staged by the elite under license from the demos, the dramas play out dangerous stories of royal risk-taking, crime, glory, and suffering, in such a way as to reassure the citizen audience simultaneously of their own collective invulnerability, and of the unique value of their leading families. (shrink)

Supernatural beliefs are ubiquitous around the world, and mounting evidence indicates that these beliefs partly rely on intuitive, cross‐culturally recurrent cognitive processes. Specifically, past research has focused on humans' intuitive tendency to perceive minds as part of the cognitive foundations of belief in a personified God—an agentic, morally concerned supernatural entity. However, much less is known about belief in karma—another culturally widespread but ostensibly non‐agentic supernatural entity reflecting ethical causation across reincarnations. In two studies and four high‐powered samples, including mostly (...) Christian Canadians and mostly Hindu Indians (Study 1, N = 2,006) and mostly Christian Americans and Singaporean Buddhists (Study 2, N = 1,752), we provide the first systematic empirical investigation of the cognitive intuitions underlying various forms of belief in karma. We used path analyses to (a) replicate tests of the previously documented cognitive predictors of belief in God, (b) test whether this same network of variables predicts belief in karma, and (c) examine the relative contributions of cognitive and cultural variables to both sets of beliefs. We found that cognitive tendencies toward intuitive thinking, mentalizing, dualism, and teleological thinking predicted a variety of beliefs about karma—including morally laden, non‐agentic, and agentic conceptualizations—above and beyond the variability explained by cultural learning about karma across cultures. These results provide further evidence for an independent role for both culture and cognition in supporting diverse types of supernatural beliefs in distinct cultural contexts. (shrink)

In a recent article in this journal our unit was accused of a number of errors of judgment in applying covert video surveillance (CVS) to infants and children suspected of life-threatening abuse. The article implied, that on moving from the Royal Brompton Hospital in London to North Staffordshire Hospital, we failed to present our work to the Research Ethics Committee (REC). We did send our protocol to the REC though we did not consider that, after a total of 16 (...) patients had been documented as being the subject of life-threatening abuse, this was research. The REC in Staffordshire agreed with us. We were also accused of undertaking work that should be pursued by the Police. We agree with this. However, unlike the Metropolitan Police the Staffordshire Police would not undertake CVS. We fail to agree that 'working together' with parents is necessarily practical or safe when trying to protect children from life-threatening abuse of this kind. (shrink)

The emergence of instrument-making trades in early-modern England tested the power of established guilds. From the seventeenth century, instrument makers were able to exploit growing markets for scientific apparatus and attempted to exploit connections with the Royal Society. Given the growth in both local and international demand, and in new methods of manufacture, instrument makers were frequently able to evade the diminishing power of guilds to police the efforts of the makers.

We introduce stellar photometry, its purpose and relationship to other astronomical quantities, presenting it within the context of astronomical research at the Vatican Observatory. We demonstrate the usefulness of the Vilnius Photometric System previously shown at Vilnius Astronomical Obs., Edinburgh Royal Obs., and Università di Roma “La Sapienza”, and then adopted by the Vatican Observatory for use with its Vatican Advanced Technology Telescope on Mount Graham, AZ, USA. The development of astronomical observations has led from photographic plates, through photoelectric (...) detectors to the use of sensitive CCD cameras. Expanding the photoelectric databank of “Vilnius Stars”, we describe the development of new techniques of data-acquisition, calibration to photometric standards, stellar classification and interstellar-matter characterization. Looking ahead, we briefly describe the extensive data set, and our plans for further detailed analyses. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Notes on Psychodramatic Treatment of a Person with SchizophreniaJonathan D. Moreno, PhD (bio)I have enjoyed reflecting on Mr. Chapy’s account of work in psychodrama with a patient with schizophrenia.Although at one time many years ago I was interested in phenomenological psychiatry, and especially the writings of Ludwig Binswanger and Medard Boss, I am not an authority on dasein-analysis, so I have nothing to add to the discussion. I should (...) say, however, that my father had little interest in this approach, which was far too abstract for his taste. He proceeded from the standpoint of the theater, of action and enactment. He believed that the drama itself provided the insight.For the purposes of this response, I take it as a given that the patient in question has been accurately diagnosed, although in the description of the scene with his father he does not exhibit the usual symptoms, such as auditory hallucinations. People with schizophrenia often find it difficult to manage the voices they are hearing without substantial preparation for a psychodrama. According to psychodramatic method, one way to prepare them is to externalize the voices, allowing a different therapist to take the role of each one as the protagonist instructs them how to play that role. Chair may be set up so that each “voice,” personified by an auxiliary ego, can sit in each chair in an array. This preparation may require a number of sessions. If the scene is to be enacted with a significant other, like the father in this instance, the patient may not be able to warm up to a direct encounter, especially with all the different voices competing for his internal attention. So he may be directed to observe each voice in the encounter with his father, preferably played by a therapist of his choosing and trained for the role, usually by giving the father-player certain lines so that they can learn something about the father and the way he addresses his son.Or consider the patient whose illness manifests itself as delusions, often of a megalomaniac character. They may be a messiah, for example, or the rightful heir of a royal line whose identity is being suppressed by governmental forces. The patient might be invited to choose key therapists to play the roles of key members of their circle, [End Page 225] enacting critical scenes like the sermon on the mount or speeches to their oppressed followers. In this way the patient’s “act hunger” may be to some degree satiated and have a calming effect on their anxiety and irritation with the frustrating world around them that refuses to accept their “authentic” identity and belief system.In these ways, psychodrama therapy can take advantage of one of the remarkable advantages of this method for such patients, who are generally recalcitrant to talk therapy alone and for whom medication is at best modestly effective. Still, these disorders are among the most challenging for psychotherapists. Although the process of treating them may open up insights into the nature of the human mind, as Chapy has pursued in this paper, we await the neuroscience that can affect the kind of long-term remission they and their families so desperately wish. [End Page 226]Jonathan D. MorenoUniversity of Pennsylvania [email protected] D. Moreno Jonathan D. Moreno is a philosopher and historian who specializes in the intersection of bioethics, culture, science, and national security, and has published seminal works on the history, sociology and politics of biology and medicine. He is an elected member of the National Academy of Medicine.submitted on January 27, 2023Accepted on January 30, 2023Copyright © 2023 Johns Hopkins University Press... (shrink)

Legal theory for the purposes of this essay is the theory of mundane law—that is, our law. The legal system of a modern Western democracy is the phenomenon legal theory is trying to represent perspicuously. Such a legal system may be characterized prephilosophically as an institutionalized normative system. The associated institutions include legislatures, courts, police forces, civil services, royal families, and the like. The associated norms are of three kinds—norms directly enjoining, permitting or proscribing behaviour on the part (...) of the norm-subjectss; norms for facilitating the creation of social arrangements between norm-subjects; norms for the creation, variation, administration, application and enforcement of norms of the first two kinds. (shrink)

Resources for Feminist Research, Vol. 3, No. 4, pp. 44-45, 1985 In this brief article, written in 1984 and published the following year, Lucinda Vandervort sets out a comprehensive agenda for enforcement of sexual assault laws in Canada. Those familiar with her subsequent writing are aware that the legal implications of the distinction between the “social” and “legal” definitions of sexual assault, identified here as crucial for interpretation and implementation of the law of sexual assault, are analyzed at length in (...) “Mistake of Law and Sexual Assault: Consent and Mens Rea” (1986), published at (1987-88) 2(2) Canadian Journal of Women and the Law, 233 309. In that article the author argued that most mistakes about consent are not mistakes about a “fact” that may sometimes negative mens rea, but are actually mistakes about the law that afford accused no excuse under either Canadian common law or statutory criminal law. She argued further that consent must be interpreted as “voluntary agreement” and must be affirmatively and unequivocally communicated in order to operate as an effective waiver of a person’s legal right to be free from interference with his or her bodily integrity. That article was a central reference point in the consultations leading to the 1992 amendments to the sexual assault provisions in the Canadian Criminal Code and in some key decisions by the Supreme Court of Canada in sexual assault cases in the 1990’s. As a result of a gradual transformation of theoretical analysis of the law of mens rea and consent in Canada, culpable awareness is now understood by many jurists and criminal law theorists quite differently than it was twenty-five years ago. As Vandervort acknowledged in her 1984 Agenda for Action, however, clarity in legal theory and legal doctrine is no guarantee of how sexual assault laws will operate in practice. Theory and practice, doctrine and its implementation, often diverge. This phenomenon is still seen in some decisions taken at the trial, pre-trial, and pre-charge stages in sexual assault cases. Police, prosecutors, and many trial judges, like accused, may often be influenced by traditional attitudes about sexual consent and mistaken about the law of consent. Accordingly, in her recent work Vandervort re-visits and re-examines the exercise of discretion by police, prosecutors, and the judiciary. An example is her 2009 article “Legal Subversion of the Criminal Justice Process? Judicial, Prosecutorial and Police Discretion in R. v. Edmondson, Kindrat and Brown” in Sexual Assault Law, Practice & Activism in a Post-Jane Doe Era, edited by Elizabeth Sheehy (Ottawa: University of Ottawa Press, 2012). In this and some of her other recent work, the distinctions between social and legal norms and questions of fact and law, previously analyzed with the objective of clarifying the law, are used to control the effects of social ignorance and partiality in the handling of sexual assault complaints by decision-makers in the criminal justice system at trial and pre-trial. Lucinda Vandervort’s published and unpublished legal and philosophical writings on sexual assault and sexual assault law illustrate the development of a socio-legal scholar’s “Agenda for Action” into a principled, pragmatic, open-ended exercise in “institutional design.” Across two centuries, from the revolutionary era of the 18th century to the present, other radical egalitarians would recognize both the impetus for the project and many features of the political and cultural resistance to it. (shrink)

Words can mean different things to different people. This can be problematic, mainly for those working together in a bureaucratic institution, such as the secret service. Shared, certified, explicit and codified definitions offer a counter to subjective, solitary and/or culturally dominant definitions. It’s true that codified secrecy terms for secret services can be seen to involve a number of political, cultural, subcultural “languages”, but if words come from unclassified or declassified files, memorandums and/or records, one needs a deep understanding of (...) the secret services. A remarkable feature of this bureaucratic language is the evolving nature of, certain “keywords” as important signifiers of historical transformation. Thus, the changes in the language of the secret services depends at least as much on the internal changes of the secret services as on the transformation in the external political-social environment. In spite of the confusion of Hungarian secret services in the revolutions of 1918–1919 and the disintegration of the Austrian-Hungarian Monarchy, in the early 1920’s became a stable system. Between the two World Wars, the Hungarian State Police directed by the Ministry of Internal Affairs, the Military Intelligence and Counter-Espionage directed by the Ministry of Defence, and the Hungarian Royal Gendarmerie directed by both of the Ministries had their own operational service. This structure existed unchanged until 1945. Simultaneously with the forward advance of the soviet troops, government began to re-establish the former system of the secret services in the eastern part of the country. After WWII, in 1946, the “State-protection Department” as political police became independent from the police. However, from the beginning, they remained under the control of the Communist Party. After 1950, the State Security Authority provided special services for the MIA and the Military Political Directorate of the MoD. After quashing the revolution in 1956, in the spring of 1957, the MIA Political Investigation Department was established which—with slight modifications—kept the structure created during the “state protection era”. The MIA III. The State-Protection General Directorate was established in 1962. The reorganization was finalized in the middle of the 1960’s, which resulted in the new system, which—with the structure of Directorates—became the ultimate structure of the state secret police until the abolishment of the MIA General Directorate III in January 1990. These organizational transformations were largely the result of exogenous historical-political changes. Moreover, each new period had a major impact on the organizational communication, language use and vocabulary of the secret services. This study seeks to interpret these historical transformations. (shrink)

This year's volume of collected papers in the Current Legal Problems series provides in-depth analyses some important developments which have taken place in recent months. Public law has witnessed much activity both in the courts and in Parliament during the last twelve months and this is reflected in three essays which examine different aspects of human rights, equality, and the right to privacy. In the wake of the Royal Commission on Criminal Justice, two lengthy essays deal with evidence in (...) police investigations and the concept of due process and pre-trial criminal justice. (shrink)

This year's volume of collected papers in the Current Legal Problems series provides in-depth analyses some important developments which have taken place in recent months. Public law has witnessed much activity both in the courts and in Parliament during the last twelve months and this is reflected in three essays which examine different aspects of human rights, equality, and the right to privacy. In the wake of the Royal Commission on Criminal Justice, two lengthy essays deal with evidence in (...) police investigations and the concept of due process and pre-trial criminal justice. (shrink)

Important lessons must be learned from the Bristol inquiryI was disturbed when I first read the following in an October 1998 issue of the Medical Journal of Australia."In June 1998, the Professional Conduct Committee of the General Medical Council of the United Kingdom concluded the longest running case it has considered [this] century. Three medical practitioners were accused of serious professional misconduct relating to 29 deaths in 53 paediatric cardiac operations undertaken at the Bristol Royal Infirmary between 1988 and (...) 1995. All three denied the charges but, after 65 days of evidence over eight months , all three were found guilty." "The doctors concerned are Mr James Wisheart, a paediatric and adult cardiac surgeon and the former Medical Director of the United Bristol Healthcare Trust; Mr Janardan Dhasmana, paediatric and adult cardiac surgeon; and Dr John Roylance, a former radiologist, and Chief Executive of the Trust." "The central allegations were that the Chief Executive and the Medical Director allowed to be carried out, and the two paediatric cardiac surgeons carried out, operations on children knowing that the mortality rates for these operations, in the hands of these surgeons, were high. Furthermore, the surgeons were accused of not communicating to the parents the correct risk of death for these operations in their hands.1"Mr Wisheart and Dr Roylance were subsequently struck off the medical register. Mr Dhasmana was disqualified from practising paediatric cardiac surgery for three years. The doctors required police protection as they left the General Medical Council hearing as furious parents shouted “murderer” and “bastard”.2Why did this occur?Dr Stephen Bolsin has presented a …. (shrink)

This essay discusses the question of health in the Kingdom of Hungary during the Age of Enlightenment. It explores the relationships and tensions between central theories of medical police and the local expectations of government administrators, as well as those between academic or official knowledge and implicit or alternative knowledge about health. The reigns of Maria Theresia and Joseph II marked the moment at which particular kinds of folk and practical knowledge about healing became visible and above all legible. (...) This is to be seen in the enormous rise in book production, which in itself represented an ‘approved knowledge’ that found legitimation in new academic and bureaucratic institutions, such as the reformed medical faculty of the University of Vienna, the newly-founded medical faculty at Tyrnau, the establishment of a health department within the Hungarian Statthalterei, as well as in the emission of royal legislation supporting the agendas of the new enlightened science of ‘medical police’. (shrink)

This article utilizes the lens of disposability to explore recent conditions of low-wage temporary migrant labour, whose numbers and economic sectors have expanded in the 21stcentury. A central argument is that disposability is a discursive and material relation of power that creates and reproduces invidious distinctions between the value of “legitimate” Canadian settler-citizens and the lack of worth of undesirable migrant populations working in Canada, often for protracted periods of time. The analytical lens of migrant disposability draws upon theorizing (...) within Marxian, critical modernity studies, and decolonizing settler colonial frameworks. This article explores the technologies of disposability that lay waste to low wage workers in sites such as immigration law and provincial/territorial employment legislation, the workplace, transport, living conditions, access to health care and the practice of medical repatriation of injured and ill migrant workers. The mounting evidence that disposability is immanent within low-wage migrant labour schemes in Canada has implications for migrant social justice. The failure to protect migrant workers from a vast array of harms reflects the historical foundations of Canada’s contemporary migrant worker schemes in an “inherited background field [of settler colonialism] within which market, racist, patriarchal and state relations converge”. Incremental liberal reform has made little headway insofar as the administration and in some cases reversal of more progressive reforms such as guaranteed pathways to citizenship prioritize employers’ labour interests and the lives and health of primarily white, middle class Canadian citizens at the expense of a shunned and racialized but growing population of migrants from the global South. Transformational change and social justice for migrant workers can only occur by reversing the disposability and hyper-commodification intrinsic to low-wage migrant programs and granting full permanent legal status to migrant workers. (shrink)

This important new book examines in some detail the law relating to confessions, unlawful evidence, and the 'right to silence' in the police station. The author also looks at the principles which lie behind this branch of the law. As well as his close examination of the English position, the author also looks at alternative approaches taken by Scottish, Irish, Australian, Canadian, and American legal systems. There is no other book written in English which gives such systematic treatment (...) to this subject. (shrink)

A cursory observer of Cree Indians in the small Canadian community we will describe would conclude that they are an “ acculturated “ but “deviant” company of persons. They give the appearance of being acculturated in that there is little in evidence of the distinctive culture they once had. White members of the community see nothing in visible Indian behavior which evokes the image of Charles Russell's noble warrior savages. To the contrary, whites regard Indians as social outcasts and (...) renegades, and base this judgment on that Indian behavior they choose to see. Indians drink to excess, men and women alike; they get in fights and get arrested by the police; they panhandle; and they break all sorts of rules governing the conduct of respectable people in respectable public places. All of this whites abhor, and use to explain Indian authorship of Indians’ social and economic marginality. If they wished to, so the argument goes, Indians could easily better themselves— they merely and simply want in initiative. (shrink)

This paper mounts a partial defense of the basic structure objection to the egalitarian criticism of productive incentives. The defense is based on the claim that some duties of justice are subject to a reciprocity condition. The paper develops this position via an examination of the debate between Andrew Williams and G. A. Cohen on publicity and incentives. Reciprocity is an intrinsic feature of a relational conception of social justice, not simply a requirement of stability. Not all duties are conditional (...) on reciprocity because some duties are owed to third parties, as well as to their primary targets. Some forms of exploitation may be unconditionally wrong, but not the specific kind of exploitation at stake when talented individuals accept market wages. (shrink)

This review is unashamedly from the perspective of English law because busy United Kingdom criminal law solicitors and barristers mostly wish to know what the law states, which case is a precedent case and whether the author has provided up-to-date legal information. This is because legal practitioners deal with real and urgent cases. The English Income Tax Act gained Royal Assent in 1799 the first government attempt to stop early tax avoidance. Later, tax avoidance schemes (which in English Law (...) were deemed a legitimate method of minimising one payment of taxation) became de rigueur all over the world and often involved creation of Deeds of Covenant and Trusts, notably Discretionary Trusts under civil law. Man’s ingenuity knows no bounds and this applies to man’s characteristic of criminality as it does to scholarship, enterprise and innovation. Despite protestations by some countries police agencies, contrary to the rise of crime, the fact is that that crime is increasing exponentially worldwide, but the number of people committing crime is not increasing because many crimes are repeated crimes committed by persons with habitual criminal behaviour, ie hard-core criminals. (shrink)

Feminist critiques of science provide fertile ground for any investigation of the ways in which social influences may shape the content of science. Many authors working in this field are from the natural and social sciences; others are philosophers. For philosophers of science, recent work on sexist and androcentric bias in science raises hard questions about the extent to which reigning accounts of scientific rationality can deal successfully with mounting evidence that gender ideology has had deep and extensive effects on (...) the development of many scientific disciplines.Feminist critiques of biology have been especially important in the political struggle for gender equality because biologically determinist arguments are so often cited to ‘explain’ women’s oppression. They explain why it is ‘natural’ for women to function in a socially subordinate role, why men are smarter and more aggressive than women, why women are destined to be homebodies, and why men rape. (shrink)