In 1965, Claude Chabrol created La Muette – a fifteen-minute homage to Paris’s sixteenth district. In this short movie, Chabrol uses silence to ask some fundamental questions about the nature of human coexistence: the movie is seen, or better heard, from the perspective of a boy who, ignored by his parents, does not manage to say a word throughout; provoked by this imposed restriction, the boy decides to become not only “mute” but also “deaf.” His decision, however, results in (...) tragic consequences. In La Muette, Chabrol reminds us that the question of coexistence already posed by Virgil in his Eclogues, and signified by sound that freely resounds, has never ceased to be asked. In this Collision, I use the term “post-pastoral” to connect Virgil and Chabrol, and to open a discussion on sonically signified freedom. (shrink)

We are printing, by kind permission of the Law Commission, two sections of the report of the Law Commission on injuries to unborn children. This report was the result of a request to the Law Commission by the Lord Chancellor at the time (Lord Hailsham of Saint Marylebone) to advise on `what the nature and extent of civil liability for antenatal injury should be'. The Law Commission followed its usual practice in such circumstances of consulting various bodies and obtaining expert (...) advice on the subject and then embodying the results in a working paper (Working Paper No. 47 - injuries to unborn children) published on 19 January 1973, which preceded their report (Cmnd 5709). Meanwhile a Royal Commission is considering much wider issues of civil liability for injury (including antenatal injury) but the terms of reference for the Law Commission were much narrower and confined to the position of children injured before birth. In the section relating to the present law the report makes it clear that it is probable that liability under the common law already exists. The Scottish Law Commission has also issued a report (Cmnd 5371). They were given different terms of reference and came to somewhat different conclusions. We are printing from this long report the paragraphs discussing the medical background and the summary of recommendations. As will be evident on reading the paragraphs on the medical background to injuries to the unborn child, events are moving very rapidly, particularly in the study of congenital defects and the effects of drugs but the problems of proof present great difficulty. Other causes of injury to the unborn child are better known to the general public: for example, those following the illness, infection and disease of the mother during pregnancy, injury caused in attempted termination of pregnancy and the risks resulting from the mother's condition. The summary of the recommendations sets out very clearly the legal position of the unborn child, as the Law Commission sees it, arising from injury before birth, the final conclusion being that `legislation is desirable'. These extracts from the report, apart from their intrinsic interest, lead on to the paper by Mr Kennedy and Dr Edwards in which they set out their criticisms of it, and provide quick references to the original document. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:ContingenciesElizabeth RottenbergAnalysis does precious little, but the little it does is precious.—Therese BenedekI’d like to begin with an anecdote of a slightly confessional nature. If I mention this anecdote, it’s because it came to me by chance as an association to what French analyst and philosopher Monique David-Ménard, in her introduction to Éloge des hasards dans la vie sexuelle, calls “positive contingency” or the “positive aspect of chance” (David-Ménard (...) 2011, 19–20), what in colloquial English we call a “happy accident.”So here’s the association. For reasons I cannot fully explain, the therapist I was seeing in graduate school encouraged me to take the Minnesota Multiphasic Personality Inventory test (the MMPI, as it’s called), a widely used and researched psychometric test of adult personality and psychopathology. The test involved hundreds of simple, inoffensive questions, questions such as, “Do you read all the editorials in the newspaper every day?”1 and it took me hours to complete. A week or so after taking the test, I met with my therapist and we went over the results together. According to the test (which, interestingly, takes into account the performative aspects of test taking), I had answered all the questions in such a way as to appear neither excessively good nor excessively bad, that is, I had answered all the questions honestly and consistently. And as far as psychopathology was concerned, my answers showed few signs of hypochondriasis, hysteria, psychopathy, schizophrenia, or hypomania. On the other hand, when it came to depression, paranoia, psychasthenia, and social introversion, my scores were a little higher, and a shockingly high percentage of my answers [End Page 128] reflected “stereotypical masculine interests/behaviors.” None of this seemed to worry my therapist in the least. The only thing she pointed to were my “odd answers” (the MMPI also has a special category for odd answers—presumably the answers of academics). She wondered about my answer to this question in particular: “Do you see people or animals or things that other people don’t see?” “You answered ‘true’ to that question,” she said. “I don’t understand. Why would you answer ‘true’? You’re not psychotic.” I explained that I had read the “or”—do you see people OR animals OR things that other people don’t see—as a disjunctive rather than a conjunctive OR. “So, yes, it’s true, when I read texts, sometimes I see things that other people don’t see.” At the time, of course, I wasn’t thinking of Deleuze’s “contingent reason” or of Monique’s discussion of the inventive power of disjunctive synthesis in her Deleuze et la psychanalyse (2005). And I certainly wasn’t thinking that my figurative reading of seeing, my misreading of seeing, was indicative of the essential and indeterminable contingencies of reading. No, I was only giving what I took to be a perfectly accurate description of the déformation professionnelle that is ours and that belongs to anyone who is a stickler for grammar... a positive déformation, I might add.But this association immediately leads me to another (contingent) association, this time one that is intimately related to Monique’s discussion of Torricelli’s law and to Claude Bernard’s discovery of the exocrine function of the pancreas. My association is to Freud and to Freud’s astonishment before the transformative power of Jean-Martin Charcot’s dazzling, clinical insight. In Freud’s description of his teacher, Charcot is someone who sees things that other people don’t see:[Charcot]... had the nature of an artist—he was, as he himself said, a “visuel,” a seer. Here is what he himself told us about his method of working. He used to look again and again at the things he did not understand, to deepen his impression of them day by day, till suddenly [plötzlich] an understanding of them dawned on him.... He might be heard to say that the greatest satisfaction a [person] could have was to see something new—that is, to recognize it as new; and he remarked again and again on the difficulty and value of this kind of... (shrink)

A collection of essays with themes in human rights and legal history, spanning several centuries, containing a tribute to one of the most remarkable jurists of our time. Linked by an historical and contextual approach, these essays add to knowledge of legal history and human rights and provide a reference point for future research.

Blair's account, like the intelligence field in general, treats many distinct constructs as if they were practically interchangeable – this is not self-evident. Paradigm integration and rationalization of redundant nomenclature are important for the continued development of understanding. The prior task is to demonstrate where synonymity of constructs across paradigms occurs, and where it fails. We present arguments why this is the case. (Published Online April 5 2006).

Language is more than a source of information for accessing higher-order conceptual knowledge. Indeed, language may determine how people perceive and interpret visual stimuli. Visual processing in linguistic contexts, for instance, mirrors language processing and happens incrementally, rather than through variously-oriented fixations over a particular scene. The consequences of this atypical visual processing are yet to be determined. Here, we investigated the integration of visual and linguistic input during a reasoning task. Participants listened to sentences containing conjunctions or disjunctions and (...) looked at visual scenes containing two pictures that either matched or mismatched the nouns. Degree of match between nouns and pictures and between their expected and actual spatial positions affected fixations as well as judgments. We conclude that language induces incremental processing of visual scenes, which in turn becomes susceptible to reasoning errors during the language-meaning verification process. (shrink)

This book brings together essays on themes of human rights and legal history, reflecting the long and distinguished career of Brian Simpson as an academic writer and a human rights activist. The collection opens with a biography of Simpson's academic life, noting his major contribution to legal thought, and closes with an account of his career in the United States.

Background Although the importance of clinical ethics in contemporary clinical environments is established, development of formal clinical ethics services in the Australia health system has, to date, been ad hoc. This study was designed to systematically follow and reflect upon the first 18 months of activity by a newly established service, to examine key barriers and facilitators to establishing a new service in an Australian hospital setting. Methods: how the study was performed and statistical tests used A qualitative case study (...) approach was utilised. The study gathered and analysed data using observations of service committee meetings, document analysis of agendas and minutes, and semi-structured interviews with committee members to generate semantic themes. By interpreting the thematic findings in reference to national capacity building resources, this study also aimed to provide practice-based reflections for other health agencies. Results: the main findings An overarching theme identified in the data was a strong commitment to supporting clinicians facing difficult patient care decisions and navigating difficult discussions with patients and families. Another key theme was the role of the new clinical ethics support service in providing clinicians with a pathway to raise system-wide issues with the organisation Executive. While there was strong clinical engagement, consumer and community participation remained a challenge, as did unresolved governance issues and a need for clearer policy relationship between the service and the organisation. Conclusions: brief summary and potential implications Considering these themes in relation to the national capacity building resources, the study identifies three areas likely to require ongoing development and negotiation. These are: the role of the clinical ethics support service as a link between the workforce and the Executive; the incorporation of consumers and patients; and ethical reasoning. To improve the effectiveness of the service, it is necessary to increase clarity on the service’s role at the governance and policy level, as well as develop strategies for engaging consumers, patients and families. Finally, the capacity of the service to reflect on complex cases may be enhanced through explicit discussions of various different ethical frameworks and ways of deliberating. (shrink)

Institutionalism has become one of the dominant strands of theory within contemporary political science. Beginning with the challenge to behavioral and rational choice theory issued by March and Olsen, institutional analysis has developed into an important alternative to more individualistic approaches to theory and analysis. This body of theory has developed in a number of ways, and perhaps the most commonly applied version in political science is historical institutionalism that stresses the importance of path dependency in shaping institutional behaviour. The (...) fundamental question addressed in this book is whether institutionalism is useful for the various sub-disciplines within political science to which it has been applied, and to what extent the assumptions inherent to institutional analysis can be useful for understanding the range of behavior of individuals and structures in the public sector. The volume will also examine the relative utility of different forms of institutionalism within the various sub-disciplines. The book consists of a set of strong essays by noted international scholars from a range of sub-disciplines within the field of political science, each analyzing their area of research from an institutionalist perspective and assessing what contributions this form of theorizing has made, and can make, to that research. The result is a balanced and nuanced account of the role of institutions in contemporary political science, and a set of suggestions for the further development of institutional theory. (shrink)

The quest for causes behind health and sickness proposes deeper causes like per- sonality and general view of life. Two such concepts have been shown to associate with health indicators in a systematic way, sense of coherence and view of life. Sense of coherence is defined as the sum of three factors, comprehensibility, manage- ability, and meaningfulness. View of life consists of three components, general theories of man and the world, a central value system, and a basic attitude. Two em- (...) pirical studies are summarized where the concepts are related to bereavement and health, respectively. It is concluded that there are many similarities between the two concepts. They both emphasize integration and coherence and connote basic struc- tures in belief systems. They can be related to personality structure and the coping process. The concepts differ in scope and depth. SOC can be considered as part of the connotation of VOL. SOC is quantitatively measurable while VOL presumes qualitative methods of assessment. In studies of health, where factors pertaining to world view or sense of coherence are not in focus, but studied rather as possible confoun- ders, methodological simplicity points to use of the SOC concept. In studies of health where the deeper causal structures are in focus, VOL should also be used, since it per- mits greater depth of analysis. Ideally, both concepts should be applied for a full un- derstanding between man's inner processes and health. (shrink)

We link cleansing effects to contemporary cognitive theories via an account of event representation that provides an explicit, neurally plausible mechanism for encoding objects and their associations across time. It explains separation as resulting from weakening associations between the self in the present and the self in the past.

This paper sets out to accomplish two goals. First, drawing on the Irish perspective, it reconceptualises one of the enduring legacy-based harms of epistemic colonisation, in this case, ‘linguicism’, in terms of ‘hermeneutical injustice’. Second, it argues that otherwise well-meaning attempts to combat epistemic colonisation through the inclusion of marginalised testimony can, in certain circumstances, lead to cases of ‘epistemic exploitation’, which, in turn, can result in ‘ontic burnout’. Both linguicism and epistemic exploitation, this paper theorizes, have the potential to (...) bring about ontic burnout. Here is the plan: to set the scene, section I briefly surveys some key arguments supporting the call for higher education institutions (HEIs) to engage in epistemic decolonising, focusing on the importance of striking a balance between two extremes: (i) abandoning all forms of Eurocentric/colonial knowledge through the elimination of inherited thinking and conceptual schemes which result from colonization, in particular, those which remain in our thinking “owing to inertia rather than to our own reflective choices” (Wiredu 2002, p.56); (ii) the other—pursuing a more positive project where we seek to, “exploit as much as is judicious the resources of indigenous conceptual schemes” (Wiredu 1996: p.136). From here, it moves to consider harms associated with a subset of ‘epistemicide’, that is, ‘linguicism’—a phenomenon where the language and culture of the colonizer become part of the ‘civilising project’ and, in more extreme cases of linguicide, forcibly replaces indigenous languages. Section II then explores the subtleties of harmful by-products deriving from ‘inclusion’, namely that which scholars refer to as ‘epistemic exploitation’. Situations where marginalised scholars are finally ‘at the table but still on the menu’ arise when privileged persons, compel marginalised knowers to educate them [and others] about the nature of their oppression (Berenstain, 2016). Habitual requests to turn themselves inside out for emancipatory principles give rise to a phenomenon known as ontic burnout (Dunne and Kotsonis, 2022, p.9)—“a form of dissociative explanatory fatigue culminating in oppressed persons engaging in a conscious or unconscious decoupling from their socially constructed identity, from the burdens and injustices associated with being a member of a certain social kind”. This harm is, I argue, rarely discussed in the literature and worthy of further analysis. (shrink)

Previous work has shown that concerns of breast cancer patients after finishing radiotherapy are responsive to conversations with radiographers during the treatment period. This study seeks to further understand radiographer and patient experiences, determine shared priorities for improvement in clinical interaction and develop communication guidelines and training to help radiographers support patients.Methods: Using the principles of Experience-Based Co-Design, semi-structured interviews were held with N = 4 patients and N = 4 radiographers, followed by feedback events to validate findings. Patients and (...) radiographers exchanged experiences in a joint co-design session, agreed with shared priorities and generated ideas for further support. A survey was conducted for process evaluation. To scale up findings, UK-wide representatives from patient networks and radiographers and managerial staff provided consultative input utilizing an iterative, adaptive procedure.Results: Radiographers expressed a need for support with “difficult conversations,” especially those on Fear of Cancer Recurrence, and their appropriate management. Important pointers for reassuring communication were identified, including: being treated like a person, knowing what to expect, and space to ask questions. The co-design process was rated positively by both staff and patients. Thematic collation of findings and mapping these on literature evidence resulted in the “KEW” communication guidelines for radiographers: Know, Encourage, Warmth. National stakeholder consultations validated and helped fine-tune the training model. The resulting training package, included: trigger videos, a simulated patient scenario and interactive handouts on fears of cancer recurrence and the patient pathway.Conclusions: The co-design process captured good practice to help standardize quality in empathic communication in the radiotherapy service. The resulting KEW: Know, Encourage, Warmth guidelines, and training package are user-centered as well as evidence-based. Supplementing single-site co-design with national consultative feedback allows for the development of interventions that are relevant to the clinical practice, even in detail, and helps to generate appropriate buy-in for roll out on a wider scale after evaluation.Trial Registration:www.ClinicalTrials.gov ID: NCT03468881. (shrink)

We discuss here a series of testable hypotheses concerning the role of chromosome folding into topologically associating domains (TADs). Several lines of evidence suggest that segmental packaging of chromosomal neighborhoods may underlie features of chromatin that span large domains, such as heterochromatin blocks, association with the nuclear lamina and replication timing. By defining which DNA elements preferentially contact each other, the segmentation of chromosomes into TADs may also underlie many properties of long‐range transcriptional regulation. Several observations suggest that TADs can (...) indeed provide a structural basis to regulatory landscapes, by controlling enhancer sharing and allocation. We also discuss how TADs may shape the evolution of chromosomes, by causing maintenance of synteny over large chromosomal segments. Finally we suggest a series of experiments to challenge these ideas and provide concrete examples illustrating how they could be practically applied. (shrink)

Machine generated contents note: 1 Introduction 1 -- 2 Central themes and critical issues 10 -- Introduction 10 -- Core themes 11 -- Differences which have surfaced in the move from -- margins to mainstream 15 -- The claims of restorative justice: a brief examination 21 -- Some limitations of restorative justice 25 -- Some dangers of restorative justice 29 -- Debunking restorative justice 32 -- 3 Reviving restorative justice traditions 36 -- The rebirth of an ancient practice 36 -- (...) Pre-modem criminal justice 37 -- The renaissance of native justice traditions 43 -- Navajo peacemaking 44 -- Can one characterise ancient and indigenous -- justice as restorative? 47 -- Can one revive restorative justice traditions? 49 -- Conclusion: did restorative justice ever die? 59 -- 4 Healing the victim 62 -- Introduction 62 -- The experiences and needs of victims 64 -- The inadequacy of punitive justice for the victim 67 -- Victim reforms 70 -- Restitution from the offender 74 -- Beyond restitution: restoring victims 76 -- Restorative justice or 'clubbing together'? 78 -- Using victims to rehabilitate offenders 81 -- Paternalism towards victims 83 -- Balancing the needs of the victim with those of society 84 -- 5 A restorative approach to offenders 87 -- Introduction 87 -- Restorative justice as an alternative to retributive justice 88 -- Restorative justice as an alternative to treatment 94 -- The goals and methods of restorative justice in relation -- to offenders 95 -- An alternative to punishment or an alternative form of -- punishment? 106 -- An alternative to treatment? 111 -- 6 Shame, apology and forgiveness 114 -- Introduction 114 -- Restorative cautioning 115 -- The psychological routes of restorative conferencing 116 -- The idea of reintegrative shaming 118 -- Some questions about shaming 123 -- Apology and forgiveness 132 -- 7 Mediation, participation and the role of community 136 -- Introduction: handling criminal conflicts 136 -- The rationale for the restorative justice process 140 -- Achieving restorative goals 141 -- Moral development and the strengthening of community 144 -- The role of community 151 -- 8 The future of restorative justice 161 -- Introduction 161 -- Implementing restorative justice: the paths less likely 163 -- The implementation of restorative techniques 166 -- Restorative justice and the pattern of penal control 169 -- The future of restorative justice research 170 -- Appendix to chapter 3: the theological roots of judicial -- punishment 172. (shrink)