It has become increasingly difficult for individuals to exercise meaningful control over the personal data they disclose to companies or to understand and track the ways in which that data is exchanged and used. These developments have led to an emerging consensus that existing privacy and data protection laws offer individuals insufficient protections against harms stemming from current data practices. However, an effective and ethically justified way forward remains elusive. To inform policy in this area, we propose the Ethical Data (...) Practices framework. The framework outlines six principles relevant to the collection and use of personal data—minimizing harm, fairly distributing benefits and burdens, respecting autonomy, transparency, accountability, and inclusion—and translates these principles into action-guiding practical imperatives for companies that process personal data. In addition to informing policy, the practical imperatives can be voluntarily adopted by companies to promote ethical data practices. (shrink)

All parties involved in researching, developing, manufacturing, and distributing COVID-19 vaccines need guidance on their ethical obligations. We focus on pharmaceutical companies' obligations because their capacities to research, develop, manufacture, and distribute vaccines make them uniquely placed for stemming the pandemic. We argue that an ethical approach to COVID-19 vaccine production and distribution should satisfy four uncontroversial principles: optimising vaccine production, including development, testing, and manufacturing; fair distribution; sustainability; and accountability. All parties' obligations should be coordinated and mutually consistent. For (...) instance, companies should not be obligated to provide host countries with additional booster shots at the expense of fulfilling bilateral contracts with countries in which there are surges. Finally, any satisfactory approach should include mechanisms for assurance that all parties are honouring their obligations. This assurance enables countries, pharmaceutical companies, global organisations, and others to verify compliance with the chosen approach and protect ethically compliant stakeholders from being unfairly exploited by unethical behaviour of others. (shrink)

COVID-19 vaccines are likely to be scarce for years to come. Many countries, from India to the U.K., have demonstrated vaccine nationalism. What are the ethical limits to this vaccine nationalism? Neither extreme nationalism nor extreme cosmopolitanism is ethically justifiable. Instead, we propose the fair priority for residents framework, in which governments can retain COVID-19 vaccine doses for their residents only to the extent that they are needed to maintain a noncrisis level of mortality while they are implementing reasonable public (...) health interventions. Practically, a noncrisis level of mortality is that experienced during a bad influenza season, which society considers an acceptable background risk. Governments take action to limit mortality from influenza, but there is no emergency that includes severe lockdowns. This “flu-risk standard” is a nonarbitrary and generally accepted heuristic. Mortality above the flu-risk standard justifies greater governmental interventions, including retaining vaccines for a country's own citizens over global need. The precise level of vaccination needed to meet the flu-risk standard will depend upon empirical factors related to the pandemic. This links the ethical principles to the scientific data emerging from the emergency. Thus, the FPR framework recognizes that governments should prioritize procuring vaccines for their country when doing so is necessary to reduce mortality to noncrisis flu-like levels. But after that, a government is obligated to do its part to share vaccines to reduce risks of mortality for people in other countries. We consider and reject objections to the FPR framework based on a country: having developed a vaccine, raising taxes to pay for vaccine research and purchase, wanting to eliminate economic and social burdens, and being ineffective in combating COVID-19 through public health interventions. (shrink)

Across four studies, we explored how feeling nostalgic about an attitude object impacts the metacognitive characteristics of the attitude toward that object and how those metacognitions predict the evaluation’s underlying strength. In each study, participants reflected on and evaluated a song or television show that either did or did not elicit nostalgia. Across these studies, we found support for the hypotheses that nostalgic attitude objects are viewed more positively, appraised with greater attitudinal importance, and exhibited less objective ambivalence. In Study (...) 4, we observed that nostalgic attitudes are associated with greater behavioural intentions and that this relationship was mediated both by attitudinal importance and objective ambivalence. These studies contribute to our understanding of how nostalgia affects attitude formation processes. (shrink)

In response to recent calls to extend the underlying theories used in the literature :375–413, 2005; Craft in J Bus Ethics 117:221–259, 2013), we review the usefulness of social norm theory in empirical business ethics research. We begin by identifying the seeds of social norm theory in Adam Smith’s The Theory of Moral Sentiments, the Glasgow Edition, Oxford University Press, Oxford, 1759/1790) seminal work, The Theory of Moral Sentiments. Next, we introduce recent theory in social norm activation by Bicchieri and (...) compare the new theory to two theoretical frameworks found in the literature: Kohlberg’s Handbook of socialization theory and research, Rand McNally, Chicago, IL, 1969; in: Lickona Moral development and behavior, Holt, Rinehart & Winston, New York, 1976) theory of moral development and Cialdini and Trost’s The handbook of social psychology, Oxford University Press, Boston, 1998) taxonomy of social norms. We argue that the new theory provides useful insights by emphasizing the ability of situational cues and information to generate common expectations for social/moral norms. The theory is particularly useful for empirical research in business ethics because it gives both organizational and individual factors a role in motivating norm-based behavior. To demonstrate this usefulness, we present examples where the theory has been effectively applied in experimental accounting research to generate new insights. We conclude by citing specific examples where the theory may prove useful in empirical business ethics research. (shrink)

We assert that audit quality can be improved to the extent that social norms for honesty and responsibility are activated in the auditor. To test this assertion, we use an experimental audit market setting found in the literature and manipulate factors expected to activate honesty and responsibility norms in the auditor. We find that auditor misreporting is reduced when the investor is another participant in the experiment rather than computer simulated, and thus, the interests of third-party investors are salient to (...) the auditor. We also find that auditor misreporting is reduced when the auditor is required to sign-off on the audit report, but only when the investor is another participant in the experiment. Consistent with our underlying theory, we find that pre-experimental measures of sensitivity to honesty and responsibility norms help explain the effects of our manipulated variables. Finally, we find that these measures of social norm sensitivity are associated with the moral judgment that auditor misreporting is unethical. Our study helps explain previous anomalous findings in the literature and answers the call in Blay et al. for empirical researchers to use social norm theory to develop stronger tests of moral reasoning in the market for auditing services. (shrink)

Legal scholarship exploring the nature of evidence and the process of juridical proof has had a complex relationship with formal modeling. As evident in so many fields of knowledge, algorithmic approaches to evidence have the theoretical potential to increase the accuracy of fact finding, a tremendously important goal of the legal system. The hope that knowledge could be formalized within the evidentiary realm generated a spate of articles attempting to put probability theory to this purpose. This literature was both insightful (...) and frustrating. Much light was shed on the legal system, but it also quickly became evident that the tools of probability theory were in many ways ill-constructed for the task. Fundamental incompatibilities between the structure of legal decision making and the extant formal tools were identified, and it became evident that many of the purported explanations of legal phenomena were internally inconsistent. As a consequence, interest in this type of formal modeling declined, and attention was directed toward different kinds of explanations of the phenomena. Perhaps under the influence of a recent trend toward various types of formal modeling in legal scholarship, a recent burst of articles, rather than attempting to explain the macro structure of trials, which was the previous object of interest, attempts to quantify the probative value of various items of evidence in ways consistent with the formal features of various probability theories, and then to study decision making from that perspective. For example, the value of evidence is often purported to be its likelihood ratio, that is, the probability of discovering or receiving the evidence given a hypothesis (e.g., the defendant did it) divided by the probability of discovering or receiving the evidence given the negation of the hypothesis (the defendant didn't do it). Alternatively, the value of evidence is purported (more contextually) to be the information gain it provides, defined as the increase in probability it provides for a hypothesis above the probability of the hypothesis based on the other available evidence. Both conceptions then assume that all of the various probability assessments conform or ought to conform to the dictates of Bayes' theorem (that maintains consistency among such assessments); empirical studies are then done testing the extent to which this is so and proposing how the law can increase the probability that it is so. The general criticisms of using Bayes' theorem as a formal model of juridical proof are well known and were integral to the last wave of interest in formal modeling of the evidentiary process. This paper thus for the most part puts aside that more general issue, and focuses specifically on mathematical modeling of the value of particular items of evidence. The paper demonstrates that formal modeling has only limited value in explaining the value of legal evidence, much more limited than those constructing and discussing the models assume, and thus that the conclusions they draw about the value of evidence are unwarranted. This is done through a discussion of four recent examples that attempt to quantify evidence relating to, respectively, carpet fibers, infidelity, DNA random-match evidence, and character evidence used to impeach a witness. This article thus makes two contributions. First, and most importantly, it is another demonstration of the complex relationship between algorithmic tools and legal decision making. Second, at a minimum it points out serious pitfalls for analytical or empirical studies of juridical proof. (shrink)

In Barrett v. Danbury Hospital ), the Supreme Court of Connecticut held that the fear of contracting or transmitting HIV or any other blood-borne pathogens is not a compensable injury and does not give rise to a negligence or a medical malpractice claim. The court's decision affirmed the holding of a Connecticut trial court.In June 1990, Allen Barrett was admitted to Danbury Hospital complaining of abdominal pain. He had a history of gall bladder trouble. Barrett was placed on a (...) stretcher in the emergency room. The attending physician diagnosed Barrett's pain as a gallstone condition. During the course of his examination, the doctor noticed that Barrett was sitting in blood. The physician subsequently performed a rectal examination of Barrett to locate the source of the blood. The physician determined that the patient was not bleeding, but that the blood was in fact coming from two slits in the vinyl pad that covered the stretcher on which Barrett sat. (shrink)

Recently, Australia became the second jurisdiction worldwide to legalize the use of mitochondrial donation technology. The Mitochondrial Donation Law Reform (Maeve’s Law) Bill 2021 allows individuals with a family history of mitochondrial disease to access assisted reproductive techniques that prevent the inheritance of mitochondrial disease. Using inductive content analysis, we assessed submissions sent to the Senate Committee as part of a programme of scientific inquiry and public consultation that informed drafting of the Bill. These submissions discussed a range of bioethical (...) and legal considerations of central importance to the political debate. Significantly, submissions from those with a first-hand experience of mitochondrial disease, including clinicians and those with a family history of mitochondrial disease, were in strong support of this legislation. Those in support of the Bill commended the two-staged approach and rigorous licencing requirements as part of the Bill’s implementation strategy. Submissions which outlined arguments against the legislation either opposed the use of these techniques in general or opposed aspects of the implementation strategy in Australia. These findings offer a window into the ethical arguments and perspectives that matter most to those Australians who took part in the Senate inquiry into mitochondrial donation. The insights garnered from these submissions may be used to help refine policy and guidelines as the field progresses. (shrink)

In this article, we propose the Fair Priority Model for COVID-19 vaccine distribution, and emphasize three fundamental values we believe should be considered when distributing a COVID-19 vaccine among countries: Benefiting people and limiting harm, prioritizing the disadvantaged, and equal moral concern for all individuals. The Priority Model addresses these values by focusing on mitigating three types of harms caused by COVID-19: death and permanent organ damage, indirect health consequences, such as health care system strain and stress, as well as (...) economic destruction. It proposes proceeding in three phases: the first addresses premature death, the second long-term health issues and economic harms, and the third aims to contain viral transmission fully and restore pre-pandemic activity. -/- To those who may deem an ethical framework irrelevant because of the belief that many countries will pursue "vaccine nationalism," we argue such a framework still has broad relevance. Reasonable national partiality would permit countries to focus on vaccine distribution within their borders up until the rate of transmission is below 1, at which point there would not be sufficient vaccine-preventable harm to justify retaining a vaccine. When a government reaches the limit of national partiality, it should release vaccines for other countries. -/- We also argue against two other recent proposals. Distributing a vaccine proportional to a country's population mistakenly assumes that equality requires treating differently situated countries identically. Prioritizing countries according to the number of front-line health care workers, the proportion of the population over 65, and the number of people with comorbidities within each country may exacerbate disadvantage and end up giving the vaccine in large part to wealthy nations. (shrink)

This book brings together scholars from a variety of epistemological perspectives to explore the multiple ways in which sexuality does indeed matter in the arena of public education.

It is not uncommon to hear that poor school performance, welfare dependancy, youth unemployment, and criminal activity result more from shortcomings in the personal makeup of individuals than from societal forces beyond their control. Are American values declining as so many suggest? And are those values at the root of many social problems today?Shaped by experience and public policies, people's values and social norms do change. What role can or should a democratic government play in shaping values? And how do (...) these values conditon the efficacy of public policy?In this book, six distinguished social scientists identify trends in America's values and their consequences, and consider public policy tools with which some of those values might be changed.Daniel Yankelovich begins with a discussion of how American values have shifted in the last half-century, and argues that affluence is the driving force behind these changes in values. James Q. Wilson argues that destructive habits which can lead to social pathologies, like crime and drug use, are set early in life; he examines how public policy might intervene when children are young to promote better values. David Popenoe maintains that America has veered too far towards industrialist values, and explores the resulting decline of families and many attendant social ills. Nathan Glazer describes the history and present status of the dispute over multicultural education. Jane Mansbridge examines the process of building cooperation, consensus, and public spirit. And George Akerlof and Janet L. Yellen discuss the problem of gang criminality.Inthe past, social scientists have often sidestepped questions about values as undefinable, unquantifiable, and somehow unscientific. The essays in this volume address these questions at last.Henry J. Aaron, director of the Economic Studies program at Brookings, is the authorof numerous books, including most recently Serious and Unstable Condition: Financing America's Health Care (1991), and coeditor of Setting Domestic Priorities (1992). Thomas E. Mann is director of the Brookings Governmental Studies program, coeditor of Media Polls in American Politics (1992), and coauthor of the Renewing Congress series (1993). Timothy Taylor is managing editor of the Journal of Economic Perspectives at Stanford University. (shrink)

Evolutionary theories of schizophrenia must account for the maintenance of putative alleles in past and present populations despite reduced fitness among the affected. Such models must also account for extant intersex and population-level variability in the expression of schizophrenia. We argue that genetic balanced-polymorphism hypotheses remain the most robust in terms of modeling and testing these processes in populations.

ABSTRACTEmotions are predicted to influence judgement and decision-making across a range of performance contexts. This experiment tested whether motivational-general arousal imagery can improve the decision-making performance of elite endurance cyclists. In total, 54 cyclists were assigned to either a positive imagery condition or a negative imagery condition. The cyclists were read one of two scripts designed to elicit positive or negative images during a 20-min maximal sustainable interval on a cycle ergometer. A decision-making task was performed before and immediately after (...) the maximal sustainable power interval. Results showed that the manipulation was successful with cyclists in the positive imagery condition reporting more positive affective states (higher levels of happiness and lower level... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:"And They Sang A New Song":Reading John's Revelation From The Position Of The LambJ.A. Jackson (bio) and Allen H. Redmon (bio)Then one of the elders said to me, "Do not weep. See, the Lion of the tribe of Judah, the Root of David, has conquered, so that he can open the scroll and the seven seals." Then I saw between the throne and the four living creatures and (...) among the elders a Lamb standing as if it had been slaughtered.—Revelation 5:5–6In an interview with Markus Müller, René Girard asserts the importance of taking into account the apocalypticism of Christianity. Apocalypse, Girard reminds us, "means revelation: apocalypto means to open up and to show the truth. But it also means absolute violence, so the apocalypse is a violent revelation and a revelation of violence" (Girard 1996). That the Revelation is a violent revelation has been well established. Despite textual evidence that would beg those who approach the text to do just the opposite, readers have fixated on the violence of the Revelation since its inception, finding in it God's final retribution against those who persecute the Church.1 Commentators such as Dennis E. Johnson, William Hendricksen, and George Elden Ladd have produced recent, full-length commentaries that champion the appearance of a Christ in Revelation ready to establish himself as a military champion and exact his revenge on those who persecute him (see, for example, Johnson 2001; Hendricksen 1998; and Ladd 1993). These accounts, and those that follow suit, are blinded by the violent revelation of John's apocalyptic narrative and fail to see the poem's revelation of violence—the other, prophetic half of what Girard rightly contends exists in Christian apocalypse.This error is understandable to some extent. Read in its own light and apart from the Gospel revelation as understood by those familiar with mimetic [End Page 99] theory, one has no hermeneutical principle for recognizing the end to which John is writing. The victims of the text can be ignored in the precise way that all victims are disregarded when the scapegoat mechanism functions properly. Such should not be the case in the Revelation, though, a text in which the scapegoat mechanism is exposed and pushed to its logical conclusions. John offers his reader a glimpse into the way this mechanism will function when all that is left is wall-to-wall violence, when one is left with only two alternatives: succumb to the mechanism and reciprocate its violence, or extricate oneself through nonreciprocation (and potentially die).In the margins of the violent revelation in John's apocalyptic vision, a revelation of violence emerges that can expose humankind's potential to annihilate itself and the mechanism with which it will do so. When read through the lens of mimetic theory, one discovers that John's narrative delivers a revelation of violence, an explicit naming and unmasking of the sacrificial mechanism that can capture for the reader not only the machinations of the sacrificial apparatus but one's own potential participation in it as well. As such, the poem can posit itself as a commandment (a Thou-shall-not-murder) that ultimately refuses the temptation to respond to violence in violence.The fact that John uses the apocalyptic to present this directive should not be surprising. Girard writes: "Only through the mediation of the scapegoat mechanism can violence become its own remedy, and the victimage mechanism can only be triggered by the frenetic paroxysm of the 'crisis.' This means that the violence, having lost its vitality and bite, will paradoxically be more terrible than before its decline. As the whole of humanity makes the vain effort to reinstate its reconciliatory and sacrificial virtues, this violence will without doubt tend to multiply its victims, just as happened in the time of the prophets" (Girard 1978, 195–96). While Girard's commentary on biblical eschatology and apocalypse refers mainly to the scapegoat mechanism as it applies to and is revealed in the Gospel texts, we see the immediacy and the frenzy of the apocalyptic and the ubiquitous violent mimetic appropriations also performed in John's Revelation.2 John captures... (shrink)

In her recent paper ‘The Epistemology of Propaganda’ Rachel McKinnon discusses what she refers to as ‘TERF propaganda’. We take issue with three points in her paper. The first is her rejection of the claim that ‘TERF’ is a misogynistic slur. The second is the examples she presents as commitments of so-called ‘TERFs’, in order to establish that radical (and gender critical) feminists rely on a flawed ideology. The third is her claim that standpoint epistemology can be used to establish (...) that such feminists are wrong to worry about a threat of male violence in relation to trans women. In Section 1 we argue that ‘TERF’ is not a merely descriptive term; that to the extent that McKinnon offers considerations in support of the claim that ‘TERF’ is not a slur, these considerations fail; and that ‘TERF’ is a slur according to several prominent accounts in the contemporary literature. In Section 2, we argue that McKinnon misrepresents the position of gender critical feminists, and in doing so fails to establish the claim that the ideology behind these positions is flawed. In Section 3 we argue that McKinnon’s criticism of Stanley fails, and one implication of this is that those she characterizes as ‘positively privileged’ cannot rely on the standpoint-relative knowledge of those she characterizes as ‘negatively privileged’. We also emphasize in this section McKinnon’s failure to understand and account for multiple axes of oppression, of which the cis/trans axis is only one. (shrink)

The Rev’d Roland Allen’s grandson ventures to speculate on the attitudes his grandfather might be expected to have adopted regarding several of today’s controversial issues. After rehearsing briefly Roland’s published and unpublished work, Hubert Allen reviews, both on the basis of Roland’s expressed opinions and by inference from remarks made by him or by members of his immediate family, how he believes his grandfather would have reacted to six matters of current or recent controversy, namely: Modern Translations of (...) the Bible, The Role of Women in the Church, Homosexuality, Ecumenism, Inter-Faith Dialogue, and the proposed Anglican Covenant. (shrink)

A vast literature has developed probing the law's aversion to statistical/probability evidence in general and its rejection of naked statistical evidence in particular. This literature rests on false premises. At least so far as US law is concerned, there is no general aversion to statistical forms of proof and even naked statistics are admissible and sufficient for a verdict when the evidentiary proffer meets the normal standards of admissibility, the most important of which is reliability. The belief to the contrary (...) rests upon a series of mistakes: most importantly, mismodeling of the structure of legal systems and the nature of common law decision making. Contributing to these mistakes is the common methodology in this literature of relying on weird hypotheticals that mismodel the underlying legal relations and contain impossible epistemological demands. Collectively, these phenomena have distracted attention from issues that actually affect real legal systems. (shrink)

This comprehensive Gandhi reader provides an essential new reference for scholars and students of his life and thought. It is the only text available that presents Gandhi's own writings, including excerpts from three of his books—An Autobiography: The Story of My Experiments with Truth, Satyagraha in South Africa, Hind Swaraj —a major pamphlet, Constructive Programme: Its Meaning and Place, and many journal articles and letters, along with a biographical sketch of his life in historical context and recent essays by highly (...) regarded scholars. (shrink)

How may a society, in a morally defensible way, confront a past of injustice and suffering, and seek to break the spell of violence and disregard for human life? I begin by demonstrating the relevance of this question to the South African Truth and Reconciliation Commission, and I draw attention to André du Toit’s longstanding interest in ways in which truth commissions may function to consolidate political change. In the second section of the article, I argue that truth commissions should (...) be regarded as a defensible moral compromise between the values of justice and social unity, and I criticize claims that truth commissions promote transitional justice, when that is understood as a distinctive conception of justice that emerges in circumstances of regime transition. In the third section, I criticize the claim that truth commissions are not a moral compromise at all but embody a superior, restorative conception of justice. I conclude by showing why retribution is required by criminal justice, and why truth commissions must be seen, not as an end in them selves, but as institutions whose function is to emphasize the importance of the rule of law, normal criminal justice, and legal recognition. (shrink)

Marsilio Ficino (1433-1499) was one of the luminaries of the Florentine Renaissance and the scholar responsible for the revival of Platonism. The translator and interpreter of the works of both Plato and Plotinus as well as of various Hermetic and Neoplatonic texts, Ficino was also a musician, priest, magus and psychotherapist, an original philosopher and the author of a vast and important correspondence with the intellectual figures of his day including Lorenzo the Magnificent. Professor Allen has become the foremost (...) interpreter of Ficino's metaphysics and mythology, and the ancient sources they draw upon; and this collection of essays assembles his work on Ficino's complex interrogation of Platonic 'theology' as not only a preparation for Christianity but as an enduring medium for intellectuals to explore and to express Christian truths. (shrink)

Michael Allen's latest work on the profoundly influential Florentine thinker of the fifteenth century, Marsilio Ficino, will be welcomed by philosophers, literary scholars, and historians of the Renaissance, as well as by classicists. Ficino was responsible for inaugurating, shaping, and disseminating the wide-ranging philosophico-cultural movement known as Renaissance Platonism, and his views on the _Sophist_, which he saw as Plato's preeminent ontological dialogue, are of signal interest. This dialogue also served Ficino as a vehicle for exploring a number of (...) other humanist, philosophical, and magical preoccupations, including the theme of man the artist and creator. (shrink)

If writing about women was once an innovation, it is now an imperative. Very rare only two short decades ago, feminist scholarship today pervades the disciplines of art, history, law, literature, and religion. This volume, as probably every reader will have observed, is another sign that feminist studies, if not the norm, are now so regular an exception to it that they have redefined the norm. This volume is a sign of something else, which is that feminism has made a (...) place for men. I was invited to participate because my recent work argues for theoretical self-examination and revision in the disciplines of medieval studies. A traditionalist eager to see tradition challenged and revitalized, I believe that scholarship ought to represent a joining of our public and private selves. This is a kind of self-awareness on which feminist scholars insist, but that view does not make me a feminist. When I chose the title for this essay, I did not know that I was to be the volume's only male contributor. As the token man, with no desire to speak for all men , I fear that I speak for them nevertheless. If women aren't enough, for this volume or for feminist criticism, one essay by one man isn't enough to explain why. (shrink)

R. G. Bury’s translations of Sextus Empiricus for the Loeb Library have served English language readers well, but new translations, taking account of advances in scholarship since Bury’s day, have long been needed. We now have two new English versions of the Outlines of Pyrrhonism. They take different and in some ways complementary approaches to the task.

As one of the most important ethicists to emerge since the Second World War, Alan Gewirth continues to influence philosophical debates concerning morality. In this ground-breaking book, Gewirth's neo-Kantianism, and the communitarian problems discussed, form a dialogue on the foundation of moral theory. Themes of agent-centered constraints, the formal structure of theories, and the relationship between freedom and duty are examined along with such new perspectives as feminism, the Stoics, and Sartre. Gewirth offers a picture of the philosopher's theory and (...) its applications, providing a richer, more complete critical assessement than any which has occurred to date. (shrink)

This article continues the themes developed in a previous paper looking at reparations for past wrongs in post-colonial Australia. It narrows the focus to examine the scope of the law of tort to provide reparations suffered as a result of colonisation and dispossession, with particular emphasis on the assimilation policies whose legacy is now known emphatically, although it ought not be exclusively, as the Stolen Generations. The search for more than just words is particularly topical in light of the Australian (...) Prime Minister's formal apology in early 2008. This highly symbolic step must not lose momentum. That momentum could be both political and legal. In the latter context, we explore here the concept of alien tort, in the light of current Australian tort jurisprudence, which has thus far proved inadequate to achieve compensation for the harms suffered. Taking a comparative approach, procedural and substantive developments are to better deliver justice consistent with community values. In particular, the greater acceptance of psychological harm as actionable tortious conduct in Canada and the United States is examined. The article further examines the scope for stolen children to bring suit under the US Alien Tort Claims Act 1789. While the Australian government enjoys sovereign immunity in the courts of the United States, non-state organisations such as churches that were complicit in the forcible removals may be subject to United States jurisdiction wherever they have a presence in that country. The procedural and substantive elements of such a claim are discussed. In particular, the relevant cause of action, the issue of forum non conveniens and the statute of limitations will be analysed to map out whether a claim could be developed and successfully prosecuted. © Springer Science + Business Media B.V. 2009. (shrink)

In this commentary, we challenge the claim that Freud's thinking anticipated Bartlettian reconstructive theories of remembering. Erdelyi has ignored important divergences that demonstrate it is not the case that “The constructions and reconstructions of Freud and Bartlett are the same but for motive” (target article, sect. 5).

Diving into the life of the tropical coral reefs and Amadou Hampâté Ba’s reflections on the person conjoin in this work, which is at once philosophical and poetic. The permeable parameters of philosophy, which enable thought to hover between unstable contours rather than to prioritize secure foundations, open to a porous imagination, tracing and retracing panoramic geographies and contemporary tensions of globalization and development. Porous imagination slips, glides, between archipelagos of clay rooftops and refuge dotting the Sudan and the smallest (...) of creatures, source of half the earth’s oxygen and base of the global food chain, the plankton. Concomitantly, ideational codes of nation, continent, humanity, nature, land and water interactively stretch and unwind, shaping a polymetrics of sites and an aesthetics of nourishment. In an epoch beset by the treacherous fractals of overpowering domination and luminous liberation, the morphosis of philosophy through transdisciplinary and transcultural interpretation offers new ways of listening to and retuning songs of sorrow and lament. Pp. 429-435. (shrink)