This paper is concerned with events that were the subject of an inquest into the deaths of 12 children who died while undergoing or shortly after having undergone cardiac surgery at the Winnipeg Health Sciences Centre, Manitoba, Canada, during 1994. A notable finding of the Sinclair Inquest was that nurses involved with the pediatric cardiac surgery program were concerned about the competence of the surgeon and made sustained efforts throughout 1994 to have these concerns addressed. That the nurses’ (...) concerns were not taken seriously is the central problem of this paper. Essentially, the position articulated is that gendered and gendering discourses constituted a form of power that structured the field of nurses’ possible actions. These discourses constituted a resource to make nurses knowable, to produce them as certain forms of the person, and were therefore part of what governed nurses everyday conduct. Though neither simply good nor bad in themselves, in this case, these discourses had constraining effects on how nurses were able to conduct themselves. (shrink)

The Australian Army has adopted “respect” as a new addition to the existing trio of values, “courage, initiative and teamwork.” This article explores what respect may mean as an army value. The significance of respect surrounding two incidents involving Australian Defence Force personnel while on duty in Afghanistan is considered. The first is the so-called “green on blue” attack by an Afghan National Army soldier killing three Australian soldiers on 29 August 2012. The second concerns allegations of mutilation of suspected (...) Afghan insurgents’ corpses by soldiers attached to an Australian Special Forces Unit on 28 April 2013. The incidents have resulted in internal military investigations: in the second incident, with a view to possible prosecution for breach of the law of armed conflict and related disciplinary offences; and in the case of the green on blue attack, leading to a civilian coronial inquest. This article discusses the training and modelling of behaviour required to instil such a value as respect. (shrink)

ArgumentSeeing a prodigious cure happen and then testifying about it certainly differs from attending an air pump experiment in order to bear witness to it. Yet early-modern saint-making and the “new” or “experimental philosophy” shared juridical roots, and thereby an understanding of the role of testimony for the establishment of “matters of fact” and for the production of legitimate knowledge. The reforms carried out after the Council of Trent, especially during Urban VIII's pontificate, of the juridical procedures for saint-making in (...) the Catholic Church implied a new attitude towards the examination of proposed miracles. Most of these miracles were healings. While the appeal to medical expertise had long been common, and skepticism had often manifested itself regarding cures or extraordinary bodily phenomena, both were now given formal status. Miracle inquests henceforth leaned towards refuting miraculousness by means of natural explanations. The procedure was systematized in a treatise published in the 1730s by Prospero Lambertini. The combination of Lambertini's work with the canonization causes in which he acted as the “devil's advocate” in charge of disputing arguments favorable to a sainthood candidate allows for a reconstruction of the interplay between the juridical and scientific economies of saint-making, and of the role of testimony in the production of trust and evidence. (shrink)

OBJECTIVES: To identify the factors that influence the assessment of reported cases of physician-assisted death by members of the public prosecution. DESIGN/SETTING: At the beginning of 1996, during verbal interviews, 12 short case-descriptions were presented to a representative group of 47 members of the public prosecution in the Netherlands. RESULTS: Assessment varied considerably between respondents. Some respondents made more "lenient" assessments than others. Characteristics of the respondents, such as function, personal-life philosophy and age, were not related to the assessment. Case (...) characteristics, i.e. the presence of an explicit request, life expectancy and the type of suffering, strongly influenced the assessment. Of these characteristics, the presence or absence of an explicit request was the most important determinant of the decision whether or not to hold an inquest. CONCLUSIONS: Although the presence of an explicit request, life expectancy and the type of suffering each influenced the assessment, each individual assessment was dependent on the assessor. The resulting danger of legal inequality and legal uncertainty, particularly in complicated cases, should be kept to a minimum by the introduction of some form of protocol and consultation in doubtful or boundary cases. The notification procedure already promotes a certain degree of uniformity in the prosecution policy. (shrink)

In recent years, the enactment of uniform national regulations concerning postmortem examination has become a persistent demand. There is strong criticism of the reliability of coroner's inquest: The education of most of the coroners in forensic medicine is found to be insufficient, and many experts report that medical examiners partly are neglectful for the inquest. The classification of the manner of death is also said to be deficient, the rate of misdiagnosis being only little below 50 %. Thus (...) much emphasis is put on demanding a reinforced training of doctors in the field of the external examination of corpses. But only few of those reports make allowance for the fact that that most of the present deficiencies have their origin in the 19th century. As a matter of fact, from the outset the practise of coroner's inquest gave rise to criticism. Thus the present article traces the historical roots of postmortem examination in Germany. Special emphasis is placed on a comparison between the infancies of coroner's inquest and the current state. Actual and historical imperfections in the system of postmortem examination and striking similarities are pointed out. (shrink)

Materializing absence, Jenny Hockey, Carol Komaromy and Kate Woodthorpe -- Never say die: CPR in hospital space, Susie Page -- Making hospice space, Ken Worpole -- Dying spaces in dying places, Carol Komaromy -- The materialities of absence after stillbirth: historical perspectives, Jan Bleyen -- Distributed personhood and the transformation of agency: an anthropological perspective on inquests, Susan Langer -- Behind closed doors? corpses and mourners in English and American funeral premises, Sheila Harper -- Private grief in public spaces: interpreting (...) memorialisation in the contemporary cemetary, Kate Woodthorpe -- Wandering lines and cul-de-sacs: trajectories of ashes in the United Kingdom, Leonie Kellaher, Jenny Hockey and David Prendergast -- Natural burial: the de-materialising of death?, Andy Clayden, Jenny Hockey and Mark Powell -- What will the neighbours say? reactions to field and garden burial, Tony Walter and Clare Gittings -- Memorialising the suicide victim: "walking the walk," Caroline Simone -- Potent reminders: an examination of responses to roadside memorials in Ireland, Una McConville and Regina McQuillan -- Geographies of the spirit world, Douglas J. Davies -- Recovering presence, Jenny Hockey, Carol Komaromy and Kate Woodthorpe. (shrink)

This massive book is an intensive inquest into the fate of the human subject as it passes through the primitive, despotic, passional and capitalist regimes found in Deleuze and Guattari. Emphatic, acerbic, loquacious, impassioned, and marshaling a considerable array of theoretical and literary frameworks--from Schelling, Kantorowicz, Agamben, Hegel, Nietzsche, Badiou, Rosenzweig, Lévinas, Derrida, Blanchot, Kierkegaard, Marx, Lazzarato, Berardi, Zizek and Plotinus to Solzhenitsyn, Pessoa, Fuentes, Dostoyevsky, Kafka, Beckett, Mann, Schreber, Dante, Milton, Shakespeare, Sade, the Midrash and Kabbalah--and cavorting through (...) vast expanses of world history, Bartosz Łubczonok scrutinizes the maladies of pain, resentment, bad conscience, ideology, immiseration, torture, death, depression and suicide that have and continue to afflict humanity, and the possibilities of its vertiginous liberation. All is here: the auto-genesis of God, the Crucifixion, the Holocaust, September 11. The Apotheosis of Nullity is a searing indictment of all forms of oppression and despotism, inclusive of neoliberal capitalism, and far surpasses any usage of Deleuze and Guattari to date. It is relentless. (shrink)

In his recent article, ``Self-Consciousness'’, George Bealer has set outa novel and interesting argument against functionalism in the philosophyof mind. I shall attempt to show, however, that Bealer's argument cannotbe sustained.In arguing for this conclusion, I shall be defending three main theses.The first is connected with the problem of defining theoreticalpredicates that occur in theories where the following two features arepresent: first, the theoretical predicate in question occurswithin both extensional and non-extensional contexts; secondly, thetheory in question asserts that the relevant (...) theoretical states enterinto causal relations. What I shall argue is that a Ramsey-styleapproach to the definition of such theoretical terms requires twodistinct quantifiers: one which ranges over concepts, and theother which ranges over properties in the world.My second thesis is a corollary: since the theories on whichBealer is focusing have both of the features just mentioned, and sincethe method that he employs to define theoretical terms in his argumentagainst functionalism does not involve both quantifiers that range overproperties and quantifiers that range over concepts, that method isunsound.My final thesis is that when a sound method is used, Bealer's argumentagainst functionalism no longer goes through.The structure of my discussion is as follows. I begin by setting out twoarguments – the one, a condensed version of Bealer's argument, andthe other, an argument that parallels Bealer's argument very closely.The parallel argument leads to a conclusion, however, that, rather thanbeing merely somewhat surprising, seems very implausible indeed. Forwhat the second argument establishes, if sound, is that there can betheoretical terms that apply to objects by virtue of their first-orderphysical properties, but whose meaning cannot be defined via aRamsey-style approach.Having set out the two parallel arguments, I then go on to focus uponthe second, to determine what is wrong with it. My diagnosis will bethat the problem with the argument arises from the fact that it involvesdefining a theoretical term that occurs both inside and outside ofopaque contexts, for the method employed fails to take into account thefact that the types of entities that are involved in the relevanttruthmakers are different when a sentence occurs within an extensionalcontext from those involved when a sentence occurs within anon-extensional context.I then go on to discuss how one should define a theoretical term thatoccurs within such theories, and I argue that in such a case one needstwo quantifiers, ranging over different types of entities – on theone hand, over properties and relations, and the other, over concepts. Ithen show that, when such an approach is followed, the argument inquestion collapses.I then turn to Bealer's argument against functionalism, and I show,first, that precisely the same method of defining theoretical terms canbe applied there, and, secondly, that, when this is done, it turns outthat that argument is also unsound.Next, I consider two responses that Bealer might make to my argument,and I argue that those responses would not succeed.Finally, I conclude by asking exactly where the problem lies in the caseof Bealer's argument. My answer will be that it is not simply the factthat one is dealing with a theoretical term that occurs in bothextensional and non-extensional contexts. It is rather the combinationof that feature together with the fact that the theory in questionasserts that the relevant type of theoretical state enters into causalrelations. For the first of these features means that the Ramseysentence for the theory must involve quantification over concepts, whilethe presence of the second feature means that the Ramsey sentence mustinvolve quantification over properties in the world, and so no attemptto offer a Ramsey-style account of the meaning of the relevanttheoretical term can succeed unless one employs both quantification overconcepts and quantification over properties. Bealer, however, in hisargument against functionalism, uses a method of defining theoreticalterms that does not involve both types of quantification, and it isprecisely because of this that his argument does not in the end succeed. (shrink)

God Never ChangesOr does he? God has been getting a makeover of late, a "reinvention" that has incited debate and troubled scholars and laypeople alike. Modern theological sectors as diverse as radical feminism and the new “open theism” movement are attacking the classical Christian view of God and vigorously promoting their own images of Divinity.God Under Fire refutes the claim that major attributes of the God of historic Christianity are false and outdated. This book responds to some increasingly popular alternate (...) theologies and the ways in which they cast classical Christian theism in a negative light. Featuring an impressive cast of world-class biblical scholars, philosophers, and apologists, God Under Fire begins by addressing the question, “Should the God of Historic Christianity Be Replaced?” From there, it explores issues as old as time and as new as the inquest into the “openness of God.” How, for instance, does God risk, relate, emote, and change? Does he do these things, and if so, why? These and other questions are investigated with clarity, bringing serious scholarship into popular reach.Above all, this collection of essays focuses on the nature of God as presented in the Scriptures and as Christians have believed for centuries. God Under Fire builds a solid and appealing case for the God of classical Christian theism, who in recent years—as through the centuries—has been the God under fire. (shrink)

These two quotations encapsulate stories told on the same day, within hours of one another, to commissioners at an inquest into the sanctity of the itinerant Dominican preacher Vincent Ferrer . Both Katherina Guernezve and Oliverius Bourric had come before the commission in order to testify to Vincent Ferrer's miraculous resurrection of Johannes Guerre, an archer employed by the duke of Brittany. Both told how Guerre had been wounded in a fight with a fellow archer, how he had been (...) tended in the Guernezve household, how Bourric had been summoned to hear the dying man's confession, how Guerre had lost consciousness and died before confessing, and how he had returned to life following a vow to Vincent Ferrer. There are two key differences in their stories, however, apparent in the passages quoted above. First, Katherina Guernezve believed that the priest had left her house after finding Guerre unable to speak. Bourric, the priest, maintained that he was present throughout the drama that ensued. Second, Katherina asserted that she herself had urged bystanders to pray to Vincent Ferrer. Bourric insisted that this prayer had been his alone. These same differences are found in the testimony of other witnesses to the miracle. Women who were present remembered the events along the lines of Katherina's narrative; men's stories followed the priest's. (shrink)

In contrast to their western medievalist counterparts, scholars of Byzantine studies are at a disadvantage with regard to surviving primary source materials. I cannot but regard with envy the documents available to my colleagues in the Academy who research the lands of western Europe: to mention a few random examples, the three thousand coroner's inquests analyzed by Barbara Hanawalt and used to inform her remarkably detailed picture of peasant life in fourteenth- and fifteenth-century England, the local customs accounts for the (...) port of Exeter that enabled Maryanne Kowaleski to reconstruct the trading operations of this coastal town, the extraordinary cartularies and other documents from the county of Champagne so ably edited and explicated by Theodore Evergates. (shrink)

Patriarcha -- The freeholder's grand inquest touching the king and his parliament -- Observations upon Aristotle's politiques touching forms of government -- Directions for obedience to government in dangerous or doubtful times -- Observations concerning the originall of government -- The anarchy of a limited or mixed monarchy -- The necessity of the absolute power of all kings.

In late May 1984, Irish citizens were perturbed to hear that a thirty-one year old man died while participating, as a paid volunteer, in a clinical drug trial at the Institute of Clinical Pharmacology in Dublin. At the inquest, held in September 1984, the State Pathologist, Dr John Harbison, affirmed that the cause of death was the reaction of the trial drug Eproxindine 4/0091 with a major tranquillizer which had been given less than fifteen hours earlier as part of (...) regular treatment for a psychiatric disorder. The mixture of the two drugs, he went on to say, increased their effect by between twenty and thirty times their normal strength, and the volunteer had died of cardiac depression. (shrink)

In late May 1984, Irish citizens were perturbed to hear that a thirty-one year old man died while participating, as a paid volunteer, in a clinical drug trial at the Institute of Clinical Pharmacology in Dublin. At the inquest, held in September 1984, the State Pathologist, Dr John Harbison, affirmed that the cause of death was the reaction of the trial drug Eproxindine 4/0091 with a major tranquillizer which had been given less than fifteen hours earlier as part of (...) regular treatment for a psychiatric disorder. The mixture of the two drugs, he went on to say, increased their effect by between twenty and thirty times their normal strength, and the volunteer had died of cardiac depression. (shrink)

Unauthorized appropriation of geneticresources has been described by the term``biopiracy.'' Technological breakthroughsincluding biotechnological applications canincrease considerably the instrumental value ofbiodiversity as new products or products withnew properties can be made. Nevertheless, itappears that, in most cases, the properties inquestion were already known to the indigenouspeople and used for centuries. The analysisdiscusses both from an economic and an ethicalperspective whether it is just that traditionalknowledge is rewarded. As the conflictintensifies over questions of ownership andcontrol of biological materials, IntellectualProperty Rights are at (...) the center ofcontroversies. The current global systemgoverning biotechnology has largely been shapedby Western expectations and valuations andconsequently has drawn severe criticism. Thecritics doubt both the stability andsustainability of the current patent system andargue for restructuring through benefit-sharingsystems in order to address some of theexisting inequalities. With the help of a casestudy (US patent no. 5,751 on ayahuasca) thetheoretical notion of biopiracy is applied toreal problems. (shrink)

In the December 2015 Issue of the Police Journal Sam Poyser and Rebecca Milne addressed the subject of miscarriages of justice. Cold case investigations can address some of these wrongs. The salient points for attention are those just before his sudden death: Milligan was appointed Private Secretary to Jonathan Aitken, the then Minister of Arms in the Conservative government in 1994. The known facts are as follows: 1. Stephen David Wyatt Milligan was found deceased on Tuesday 8th February 1994 at (...) his Chiswick, West London house where he lived alone. His body was found by his secretary Vera Taggart who was told by Julie Kirkbride where a spare key to his London house was kept and who decided to go to his house that day because he was not answering his telephone. Police said he had made one last telephone call on Saturday evening at 9.00pm. 2. Stephen David Wyatt Milligan had been the elected Member of Parliament (‘MP’) for Eastleigh in Hampshire since 1992. 3. The important topics this MP was addressing in 1994 at the time of his death included: (i) rail privatization plans and the impact through job losses on communities, especially his own constituency of Eastleigh; (ii) arms dealings with Saudi Arabia, especially with his previous intelligence gathered as an economics journalist for esteemed publications; (iii) the UK military industry; (iv) homosexuality among senior government Ministers, as revealed by British footballer Fasanu; (v) personal relationship and planned marriage to his fiancée (Julie Kirkbride) who at the time was a political journalist. 4. Stephen Milligan was also appointed as Parliamentary Private Secretary to Jonathan Aitken, Arms Minister and this position must have required that he came ‘up to speed’ on international arms trade and indeed its relation to bribery and corruption across jurisdictions. Milligan’s experience and knowledge as a former high-level political and economics journalist must have been of huge benefit to government minister Jonathan Aitken who was later imprisoned for perjury. 5. Regarding Stephen Milligan’s death in 1994, the Guardian newspaper in their immediate obituary said that ‘The death of one of the government's most outspoken and loyal supporters will pose a stiff electoral test for the Tories to surmount. He was on the left of the Tory party - he had even had a brief flirtation with the SDP when it was formed - and was a noted Euro-enthusiast… the death of one of the government's most outspoken and loyal supporters will pose a stiff electoral test for the Tories to surmount. Regarding Stephen Milligan’s sudden and unexpected death in 1994, MP David Willetts (Conservative, Havant) said in March 2015, in his address in the House of Commons. ‘…The inevitable ups and downs and triumphs and disasters of politics are among the great features of this place. There are colleagues in all parts of the House who are tolerant and understanding. There are friendships that keep the downs as well as the ups of politics in perspective. Having entered the House in 1992, I think particularly of two good friends, Judith Chaplin and Stephen Milligan, who both died within two years of being elected; that loss stayed with me for a long time...’ 6. On 28 February 2000, in the House of Commons, at Column 106, Mr Mike Hancock (Portsmouth) said, on the deaths of Michael Colvin and of Stephen Milligan MP: ‘I knew Michael Colvin for nearly 30 years, from when he was first elected to Hampshire county council. During my time as leader of that council, he and the late former Member of Parliament for Eastleigh, Stephen Milligan, were usually the only Members of Parliament who readily supported the council when necessary. Michael Colvin supported many ventures in the county of Hampshire. He will be missed here, in his constituency, and in Europe, and I stress that Hampshire has lost a staunch supporter. I am sure that the county will at some stage want to record its regret at his death and its deepest appreciation of the part that he played in its life....’ -/- Mike Hancock had, like Stephen Milligan, served on the Select Committee on Defence. It is interesting that he mentioned Stephen Milligan’s support as MP for Eastleigh when Milligan had only been so appointed a couple of years before his sudden death, as compared to 30 years of support from Mike Colvin. 7. Mr Andrew Robathan (for Blaby) said in the House of Commons Hansard Debates on 27 January1997, (Column 62) (on the registering of sex offenders): ‘I remember the death of my honourable friend Stephen Milligan, who represented Eastleigh. The press reports of the time stated that each Metropolitan police station had a police officer in the pay of newspapers. I do not know whether that is true, but I am aware that the police are not renowned for being entirely secure with their information…’ This statement is mischievous and it has been demonstrated time and time again, as being untrue, especially during the recent press inquiry leading to the four-volume Leveson Report, published in November 2012, into phone hacking and the ethics and culture of the UK media, pursuant to section 26 of the Inquiries Act 2005, and ordered by the House of Commons to be printed on 29 November 2012, ISBN: 9780102981063, by the Stationery Office Limited on behalf of the Controller of Her Majesty’s Stationery Office. In Volume 4 of the 2012 Leveson Report, chapter 4 concluded on the Press Complaints Commission (‘PCC’) and its effectiveness and revealed that the PCC does not initiate its own investigations other than those ‘needed to head off criticism of the press or self-regulation- or to accept complaints from third parties across the board and on a transparent basis… and the report states that ‘the resources of the police are limited’ in terms of being able to fully inspect the Press and media reports. (shrink)