This paper proposes a model of technology standardization based on modular standards and the effect of market uncertainty on the value of modularity in standards. A real options model quantifies the value of modularity in standards, illustrating that a rational way to standardize some IT technology in uncertain markets is with modular design, end-2-end structure, and proper staging of the standard. Highly modularized standards provide a higher option value because of the ability to select the best modules to change at (...) a fine granularity. (shrink)

This essay gives more detailed content to the widespread view that the Human Rights Act 1998 (HRA) has changed the traditional role of parliamentary intention in statutory interpretation. It begins by outlining the various ways in which legislative intent has featured in traditional (pre-HRA) statutory interpretation. This is followed by an examination of the interpretive principles developed by the senior judiciary under the HRA case-law, focusing on the extent to which they seem to depart from traditional principles. It is argued (...) that although the traditional role of parliamentary intention is partly preserved post-HRA, the interpretive obligation under s 3(1) HRA nonetheless shifts the interpretive focus away from what Parliament originally intended in enacting the legislation under HRA scrutiny, towards fulfilling the overriding goal of achieving compatibility with Convention rights. The final sections of the essay attempt to provide an account of what is involved in this shift. (shrink)

In recent case-law under the Human Rights Act 1998, the senior judiciary have reiterated the view that their task under section 3(1) of the Act is one of ‘interpretation rather than legislation’. This article has two main aims. The first is to provide a general, theoretical analysis of the extent to which it is possible (if at all) to distinguish between interpretation and legislation. The second is to examine the judicial understanding of this distinction, as revealed through judgments in the (...) HRA case-law. (shrink)

Introduction : playing with play -- Child's play : childhood and "the lack" in organizational discourse -- Playful representations of work -- Dance as play and work : images of organization in Irish dance -- Talk and silence : playing with silence as an organizational resource -- Playing the fool : the university as fool -- Play and madness in the market -- Playing business : gambling and "casino capitalism".

Is it possible to justify requiring that I respond adequately to the other’s vulnerability? I contend that insofar as I value my own personal identity it is consistent to respond adequately to the vulnerability of the other. Part one provides a break down of vulnerability in terms of its fundamental indeterminacy. Part two illustrates how the ability to respond either adequately or inadequately to the other’s vulnerability is implied by the fundamental co-constitution of personal identity. I understand myself as a (...) self only insofar as I stand in relation to other selves that see me as a self. If the relationship between recognition and identity also holds for the other, my response to her vulnerability founds her identity as well. In part three the relationship developed in part two is employed to justify the obligation to respond adequately to the vulnerable other. If I value my own personal identity, then I require an adequate response from others, because that response plays an integral role in the foundation of my personal identity. The other cannot respond adequately to my vulnerability unless her own identity is assured. Only if I respond adequately to the vulnerability of the other will she be in a position to assure my identity. Therefore, I ought to respond adequately to the vulnerability of others if for no other reason than it puts the other in a position where she can assure the personal identity that I value. (shrink)

The paper reports a study that investigated the relationship between students? self-predicted and actual General Certificate of Secondary Education results in order to establish the extent of over- and under-prediction and whether this varies by subject and across genders and socio-economic groupings. It also considered the relationship between actual and predicted attainment and attitudes towards going to university. The sample consisted of 109 young people in two schools being followed up from an earlier study. Just over 50% of predictions were (...) accurate and students were much more likely to over-predict than to under-predict. Most errors of prediction were only one grade out and may reflect examination unreliability as well as student misperceptions. Girls were slightly less likely than boys to over-predict but there were no differences associated with social background. Higher levels of attainment, both actual and predicted, were strongly associated with positive attitudes to university. Differences between predictions and results are likely to reflect examination errors as well as pupil errors. There is no evidence that students from more advantaged social backgrounds over-estimate themselves compared with other students, although boys over-estimate themselves compared with girls. (shrink)

Over the course of the twentieth century, the number of productive nonhuman animals in Australian cities declined dramatically. This decline resulted—at least in part—from an imaginative geography, in which productive animals were deemed inappropriate occupants of urban spaces. A class-based prioritization of amenity, privacy, order, and the protection of real property values—as well as a gender order within which animal-keeping was not recognized as a legitimate economic activity for women—shaped this imaginative geography of animals that found its most critical expression (...) in local government regulations. However, there were different imaginative geographies among women and men—mostly those from the working class—whose emotional and economic relationships with productive animals led them to advocate for those animals as legitimate and desirable urban inhabitants. (shrink)

The elaborated intrusion (EI) theory of desire (Kavanagh, Andrade, & May, 2005) attributes the motivational force of cravings to cognitive elaboration, including imagery, of apparently spontaneous thoughts that intrude into awareness. We report a questionnaire study in which respondents rated a craving for food or drink. Questionnaire items derived from EI theory formed a single factor alongside factors for anticipated reward/relief, resistance, and opportunity. In a multiple regression predicting strength of craving, the first three factors accounted for 36% of (...) the variance. Opportunity did not enter the model. In a second study, the difference between individuals' strong and weak cravings to take part in a sporting activity was shown to be related to visual, auditory, and general imagery, and to anticipated reward or relief from engaging in the activity. Implications for treatment of craving-related disorders are discussed in the light of these results and of other research indicating that interference with imagery can reduce the strength of craving. (shrink)

Over the past two decades there has been a burgeoning interest and research into experiments and innovations in participatory governance. While advocates highlight the merits of such new governance arrangements in moving beyond traditional interest group representations and deepening democracy through deliberation with a broad range of civic associations, critics express concern about the political legitimacy and democratic accountability of participating associations, highlighting in particular the dangers of co-option and faction. Addressing these concerns, a number of theorists identify an important (...) role for civic associations in linking deliberations at micro policy levels to those within the public sphere more broadly. These normative contributions raise an important empirical question—does civic associational engagement at micro levels leave scope to engage both laterally across associations and vertically with members and citizens more broadly? More simply put, is civic associational engagement within micro-policy fora “good” for democracy more broadly? Drawing from a study of civic associational engagement in Ireland’s national Social Partnership process over a ten-year period this article argues that, where deliberations become overshadowed by more traditional communicative norms of bargaining and negotiation, it is not. Evidence is presented from the Irish case to show how civic actors, having internalized the dominant communicative norms of the process, have contributed toward a narrowing of the deliberative space within, but most particularly outside, this process. This, it is argued, has resulted in a considerably weakened public sphere with neither the institutional apparatus nor the discursive capacity to seek accountability from political and civic leaders at a time of profound crisis within the Irish state. (shrink)

Palliative care seeks to improve the quality of life for patients suffering from the impact of life‐limiting illnesses. Palliative care encompasses but is more than end‐of‐life care, which is defined as care during the final hours/days/weeks of life. Although palliative care policies increasingly require all healthcare professionals to have at least basic or non‐specialist skills in palliative care, international evidence suggests there are difficulties in realising such policies. This study reports on an action research project aimed at developing respiratory nursing (...) practice to address the palliative care needs of patients with advanced chronic obstructive pulmonary disease (COPD). The findings suggest that interlevel dynamics at individual, team, interdepartmental and organisational levels are an important factor in the capacity of respiratory nurses to embed non‐specialist palliative care in their practice. At best, current efforts to embed palliative care in everyday practice may improve end‐of‐life care in the final hours/days/weeks of life. However, embedding palliative care in everyday practice requires a more fundamental shift in the organisation of care. (shrink)

ABSTRACT The recent report of the Milburn Review into Social Mobility highlights the under-representation of young people from lower socio-economic groups in higher education and encourages universities and others to act to remedy this situation as a contribution to greater social mobility. The paper uses data from the Longitudinal Study of Young People in England to examine the relationship between social background, attainment and university participation. The results show that differences in school-level attainment associated with social background are by far (...) the most important explanation for social background differences in university attendance. However, there remains a small proportion of the participation gap that is not accounted for by attainment. It is also the case that early intentions for higher education participation are highly predictive of actual participation. The results suggest that although there may be some scope for universities to act to improve participation by people from less advantaged backgrounds, a much more important focus of action is on improving the school-level achievement of these students. (shrink)

Competition law is rooted in economic theory, and economics provides many of the standard tools often applied in competition investigations. As a result, a strong foundation in economics is an invaluable asset for practitioners in this area of law. This is the new edition of the popular and well-regarded practitioner guide to the economic principles of competition law. Written in accessible language for non-technical readers, it covers first economic principles by applying them directly to competition cases. It covers all major (...) topics in competition law where economics is relevant: the core themes of market definition, market power and dominance, mergers, and anti-competition practice, as well as less familiar but important areas such as state aid, remedy design and damages. Topics are introduced by posing compelling questions based on real cases from around the world. The new edition has been updated to include important recent developments in competition law, and new economic approaches. (shrink)

For more than forty years Jacques Derrida unsettled and challenged the presumptions underlying our most fundamental philosophical, political, and ethical conventions. In The Philosophy of Derrida, Mark Dooley and Liam Kavanagh provide a succinct overview of his core philosophical ideas and a balanced appraisal of their lasting impact. The authors' analysis of Derrida's writings, especially the objectives of deconstruction, make his work clearly accessible. Dooley and Kavanagh also situate Derrida within historicist, hermeneutic, and linguistic thought. From his early (...) work on Husserl, Hegel, and de Saussure to his final writings on justice, hospitality, and cosmopolitanism, Derrida is shown to have been grappling with the question of national, cultural, and personal identity and the notion of whether a "pure" identity has any real efficacy. Rather than an iconoclast for whom deconstruction equalled destruction, the Derrida that emerges in this study sheds light on our historical constructions to reveal that there is much about ourselves that we do not know. (shrink)

The paper reports a study of children's attitudes to school based on a questionnaire survey of 845 pupils in their first year of secondary school in England, together with interviews with a sample of the children. A clearly structured set of attitudes emerged from a factor analysis which showed a distinction between instrumental and affective aspects of attitudes but also dimensions within these, including a sense of teacher commitment and school as a difficult environment. Virtually all children had a strong (...) sense of the importance of doing well at school. However, a substantial minority were not sure that they would stay on after 16. There were few differences between boys and girls or between children from different socio-economic backgrounds but children planning to leave at 16 enjoyed school less and were less sure that it had anything to offer them. There was an almost universal commitment to the value of education but, for a minority, an ambivalence about the experience and relevance of schooling for them. (shrink)

For more than forty years Jacques Derrida has attempted to unsettle and disturb the presumptions underlying many of our most fundamental philosophical, political, and ethical conventions. In The Philosophy of Derrida, Mark Dooley examines Derrida's large body of work to provide an overview of his core philosophical ideas and a balanced appraisal of their lasting impact. One of the author's primary aims is to make accessible Derrida's writings by discussing them in a vernacular that renders them less opaque and nebulous. (...) Derrida's unusual writing style, which mixes literary and philosophical vocabularies, is shown to have hindered their interpretation and translation. Dooley situates Derrida squarely in the tradition of historicist, hermeneutic and linguistic thought, and Derrida's objectives and those of "deconstruction" are rendered considerably more convincing. While Derrida's works are ostensibly diverse, Dooley reveals an underlying cohesion to his writings. From his early work on Husserl, Hegel and de Saussure, to his most recent writings on justice, hospitality and cosmopolitanism, Derrida is shown to have been grappling with the vexed question of national, cultural and personal identity and asking to what extent the notion of a "pure" identity has any real efficacy. Viewed from this perspective Derrida appears less as a wanton iconoclast, for whom deconstruction equals destruction, but as a sincere and sensitive writer who encourages us to shed light on out historical constructions so as to reveal that there is much about ourselves that we do not know. (shrink)

A deontological approach to surgical ethics advocates that patients have the right to receive the best care that can be provided. The ‘learning curve’ in surgical skill is an observable and measurable phenomenon. Surgical training may therefore carry risk to patients. This can occur directly, through inadvertent harm, or indirectly through theatre inefficiency and associated costs. Trainee surgeon operating, however, is necessary from a utilitarian perspective, with potential risk balanced by the greater societal need to train future independent surgeons.New technology (...) means that the surgical learning curve could take place, at least in part, outside of the operating theatre. Simulation-based deliberate practice could be used to obtain a predetermined level of proficiency in a safe environment, followed by simulation-based assessment of operative competence. Such an approach would require an overhaul of the current training paradigm and significant investment in simulator technology. This may increasingly be viewed as necessary in light of well-discussed pressures on surgical trainees and trainers.This article discusses the obligations to trainees, trainers and training bodies raised by simulation technology, and outlines the current arguments both against and in favour of a simulation-based training-to-proficiency model in surgery. The significant changes to the current training paradigm that would be required to implement such a model are also discussed. (shrink)

Under the Human Rights Act, British courts are for the first time empowered to review primary legislation for compliance with a codified set of fundamental rights. In this book, Aileen Kavanagh argues that the HRA gives judges strong powers of constitutional review, similar to those exercised by the courts under an entrenched Bill of Rights. The aim of the book is to subject the leading case-law under the HRA to critical scrutiny, whilst remaining sensitive to the deeper constitutional, political (...) and theoretical questions which underpin it. Such questions include the idea of judicial deference, the constitutional status of the HRA, the principle of parliamentary sovereignty and the constitutional division of labour between Parliament and the courts. The book closes with a sustained defence of the legitimacy of constitutional review in a democracy, thus providing a powerful rejoinder to those who are sceptical about judicial power under the HRA. (shrink)

Relocation or closing of manufacturing plants is an unavoidable element of our economic system which causes hardship to employees and communities. this article argues that, in making a decision to close or relocate, companies have moral obligations to: (1) take into account the impact on employees and the community; (2) avoid the move if possible; (3) notify affected parties as soon as possible; and (4) take positive measures to ameliorate effects of the move.

A growing body of evidence suggests that two distinct forms of group alignment are possible: identification and fusion (the former asserts that group and personal identity are distinct, while the latter asserts group and personal identities are functionally equivalent and mutually reinforcing). Among highly fused individuals, group identity taps directly into personal agency and so any attack on the group is perceived as a personal attack and motivates a willingness to fight and possibly even die as a defensive response. As (...) such, identity fusion is relevant in explaining violent extremism, including suicidal terrorist attacks. Identity fusion is theorized to arise as a result from the sharing of personally transformative experiences with other group members, however evidence for this relationship remains limited to date. Here, we present a pre-registered study in which we examine the role of transformativeness and perceived sharedness of group-defining events in generating identity fusion. We find that both of these factors are predictive of identity fusion but that the relationship with transformativeness was more consistent than perceived sharedness across analyses in a sample of Indonesian Muslims. (shrink)

Kavanagh, Aengus Review(s) of: Our fathers: What Australian Catholic priests really think about their lives and their Church, Chris McGillion and John Carroll, Mulgrave: John Garratt Publishing, 2011, pp.200, $29.95.

_Arguing about Law_ introduces philosophy of law in an accessible and engaging way. The reader covers a wide range of topics, from general jurisprudence, law, the state and the individual, to topics in normative legal theory, as well as the theoretical foundations of public and private law. In addition to including many classics, _Arguing About Law_ also includes both non-traditional selections and discussion of timely topical issues like the legal dimension of the war on terror. The editors provide lucid introductions (...) to each section in which they give an overview of the debate and outline the arguments of the papers, helping the student get to grips with both the classic and core arguments and emerging debates in: the nature of law legality and morality the rule of law the duty to obey the law legal enforcement of sexual morality the nature of rights rights in an age of terror constitutional theory tort theory. _Arguing About Law_ is an inventive and stimulating reader for students new to philosophy of law, legal theory and jurisprudence. (shrink)

Unknowing is at the center of spiritual life. It is only by creating a space in which anything can happen that we allow God to speak; only by stepping back that we allow space for that unpredictable Spirit that brings us gifts beyond any of our imaginings.

The recent widespread transformation in the conjugal rights of Lesbian, Gay, Bisexual and Transgender (LGBT) people across much of the globe may seem to suggest that, at long last, the history of heterosexism has reached its terminus. In Ireland, the Equal Marriage Referendum in May 2015 offered the opportunity for the citizens of the Republic to extend the same rights, permissions, and privileges to same-sex couples that married heterosexual couples freely enjoy. The passing of that referendum and the extension of (...) these rights to same-sex couples denotes a move beyond societal tolera6tion toward societal acceptance, yet it remains to be seen whether or not the affordance of conjugal rights to LGBT people will necessarily mean that all queer subjects will be given the same acceptance.This article examines equal marriage and its potential engendering of binary divisions between queer subjects who adhere to the logic of cultural heteronormativity and those who transgress its structuring forces. It aims to historicise the discourse that surrounds gay marriage by tracing these debates back to the Enlightenment's production of the companionate marriage. The works of Edmund Burke, his aesthetic writings and political speeches, provide the textual basis for an examination of 'normative desire' in the eighteenth century. The article contends that assessing the eighteenth century's regime of heteronormativity will allow us to see the provisional nature of our own heterosexist cultural formations. (shrink)

The art and the artist according to Collingwood.