There is more to law than rules, robes and precedents. Rather, law is an integral part of social practices and policies, as diverse and complex as society itself. Thinking About Law offers a comprehensive introduction to the ways in which law has been presented and represented. It explores historical, sociological, economic and philosophical perspectives on the major legal and political debates in Australia today. The contributors examine the position of Aborigines in the Australian legal system and the impact of the (...) Mabo case; divisions of power in Australian society and law; the question of objectivity in law; the relationship between legislation and social change; judicial decision-making and other issues. Accessibly written, Thinking About Law is essential reading for students and anyone interested in understanding our legal system. (shrink)

At no time in the past century have there been fiercer battles over our public schools than there are now. Parents and educational reformers are challenging not only the mission, content, and structure of mass compulsory schooling but also its underlying premise—that the values promoted through public education are neutral and therefore acceptable to any reasonable person. In this important book, Rosemary Salomone sets aside the ideological and inflammatory rhetoric that surrounds today’s debates over educational values and family choice. (...) She offers instead a fair-minded examination of education for democratic citizenship in a society that values freedom of conscience and religious pluralism. And she proposes a balanced course of action that redefines but does not sever the relationship between education and the state. Salomone demonstrates how contemporary conflicts are the product of past educational and social movements. She lays bare some of the myths that support the current government monopoly over education and reveals how it privileges those of economic means. Through a detailed case study of recent controversy in a suburban New York school district, the author explores the legal and policy issues that arise when widely disparate world views stand in the way of political compromise on educational materials, techniques, and programs. Salomone builds a case for educational governance that places the developmental needs of the child at the center of family autonomy. She advances a plan that respects diverse values and visions of schooling while preserving the core commitments that bind our nation. (shrink)

In this timely book, Rosemary Salomone offers a reasoned educational and legal argument supporting single-sex education as an alternative to coeducation, particularly in the case of disadvantaged minority students. “A carefully organized, often lively... compendium of everything that matters in the debate: how boys and girls do in classes and on tests, their differing learning styles, and the legal tussles.”—Timothy A. Hacsi, _New York Times_ “Smart, objective, evenhanded. Must reading in this important debate.”—Susan Estrich, University of Southern California Law (...) School “Everyone concerned about inequalities in our schools and our society should want to read it.”—Michael Duffy, _Times Educational Supplement _ “If you have time for only one book and you really want to be informed about single-sex education, then make it _Same, Different, Equal._”—John Borst, _Education Today_ “The single best book I have read about single-sex education. A must-read for every educator who is concerned about the different outcomes for boys and girls in school.”—Michael Thompson, Ph.D, coauthor of _Raising Cain: Protecting the Emotional Life of Boys_. (shrink)

Journal editorials, career features, and the popular press commonly talk of a graduate student mental health crisis. To date, studies on graduate student mental health have employed cross-sectional designs, limiting any causal conclusions regarding the relationship between entry into graduate study and mental health. Here, we draw on data from a longitudinal study of undergraduate students in Aotearoa New Zealand, allowing us to compare participants who did, and did not, transition into PhD study following the completion of their undergraduate degree. (...) Using multilevel Bayesian regression, we identified a difference in mental wellbeing between those who entered PhD study and those who did not. This difference, however, was largely due to those not entering PhD study displaying an increase in mental wellbeing. Participants that entered PhD study displayed a small decrease in mental wellbeing, with the posterior distribution of the simple effect heavily overlapping zero. This latter finding was orders of magnitude smaller than one might expect based on previous cross-sectional research and provides an important message; that a marked drop in mental health is not an inevitable consequence of entering graduate study. (shrink)

The inductive category formation framework, an influential set of theories of learning in psychology and artificial intelligence, is deeply flawed. In this framework a set of necessary and sufficient features is taken to define a category. Such definitions are not functionally justified, are not used by people, and are not inducible by a learning system. Inductive theories depend on having access to all and only relevant features, which is not only impossible but begs a key question in learning. The crucial (...) roles of other cognitive processes (such as explanation and credit assignment) are ignored or oversimplified. Learning necessarily involves pragmatic considerations that can only be handled by complex cognitive processes.We provide an alternative framework for learning according to which category definitions must be based on category function. The learning system invokes other cognitive processes to accomplish difficult tasks, makes inferences, analyses and decides among potential features, and specifies how and when categories are to be generated and modified. We also examine the methodological underpinnings of the two approaches and compare their motivations. (shrink)

When covering traumatic events, novice journalists frequently face situations they are rarely prepared to resolve. This paper highlights ethical dilemmas faced by journalists who participated in a focus group exploring the news media's trauma coverage. Major themes included professional obligations versus ethical responsibilities, journalists' perceived status and roles, permissible harms, and inexperience. Instructional classroom simulations based on experiential learning theory can bridge the gap between the theory of ethical trauma reporting and realities journalists face when covering events that are often (...) chaotic and unpredictable by their very nature. A simulation outline that can be used by journalism instructors is provided. (shrink)

Recent years have seen the advent of two feminist judgment-writing projects, the Women’s Court of Canada, and the Feminist Judgments Project in England. This article analyses these projects in light of Carol Smart’s feminist critique of law and legal reform and her proposed feminist strategies in Feminism and the Power of Law (1989). At the same time, it reflects on Smart’s arguments 20 years after their first publication and considers the extent to which feminist judgment-writing projects may reinforce or trouble (...) her conclusions. It argues that both of these results are discernible—that while some of Smart’s contentions have proved to be unsustainable, others remain salient and have both inspired and hold important cautions for feminist judgment-writing projects. (shrink)

Elite athletes, coaches and high-performance staff are exposed to a range of stressors that have been shown to increase their susceptibility to experiencing mental ill-health. Despite this, athletes may be less inclined than the general population to seek support for their mental health due to stigma, perceptions of limited psychological safety within sport to disclose mental health difficulties and/or fears of help-seeking signifying weakness in the context of high performance sport. Guidance on the best ways to promote mental health within (...) sporting environments is increasing, though current frameworks and position statements require greater focus on a whole of system approach, in which the needs of athlete, coaches and high-performance staff are considered within the context of the broader ecological system in which they operate and perform. This paper synthesizes existing research, reviewed for translatability by mental health professionals working in elite sport, to provide an evidence-informed framework with real world utility to promote mentally healthy environments for all stakeholders in elite sporting organizations, from athletes through to administrators. Recommendations are provided to positively impact the mental wellbeing of athletes and support staff, which may in turn influence athletic performance. This framework is intended to provide sporting organizations with evidence-informed or best practice principles on which they can develop or progress their policies to support mental health promotion and prevent the onset of mental health difficulties. It is intended that the framework can be adapted or tailored by elite sporting organizations based upon their unique cultural, contextual and resourcing circumstances. (shrink)

BackgroundIn research ethics, the most basic question would always be, “which is an ethical issue, which is not?” Interestingly, depending on which ethics guideline we consult, we may have various answers to this question. Though we already have several international ethics guidelines for biomedical research involving human participants, ironically, we do not have a harmonized document which tells us what these various guidelines say and shows us the areas of consensus. In this manuscript, we attempted to do just that.MethodsWe extracted (...) the imperatives from five internationally-known ethics guidelines and took note where the imperatives came from. In doing so, we gathered data on how many guidelines support a specific imperative.ResultsWe found that there is no consensus on the majority of the imperatives and that in only 8.2 % of the imperatives were there at least moderate consensus. Of the 12 clusters, Informed Consent has the highest level of consensus and Research Collaboration and Regulatory Sanctions have the least.ConclusionThere was a lack of consensus in the majority of imperatives from the five internationally-known ethics guidelines. This may be partly explained by the differences among the guidelines in terms of their levels of specification as well as conceptual/ideological differences. (shrink)

Background In the EU, clinical assessors, rapporteurs and the Committee for Medicinal Products for Human Use are obliged to assess the ethical aspects of a clinical development program and include major ethical flaws in the marketing authorization deliberation processes. To this date, we know very little about the manner that these regulators put this obligation into action. In this paper, we intend to look into the manner and the extent that ethical issues discovered during inspection have reached the deliberation processes. (...) Methods To gather data, we used the Dutch Medicines Evaluation Board database and first searched for the inspections, and their accompanying site inspection reports and integrated inspection reports, related to central marketing authorization applications of drugs submitted to the European Medicines Agency from 2011 to 2015. We then extracted inspection findings that were purely of ethical nature, i.e., those that did not affect the benefit/risk balance of the study. Only findings graded at least major by the inspectorate were included. Lastly, to identify how many of the ethically relevant findings reach the application deliberation processes, we extracted the relevant joint response assessment reports and reviewed the sections that discussed inspection findings. Results From 2011 to 2015, there were 390 processed applications, of which 65 had inspection reports and integrated inspection reports accessible via the database of the Dutch Medicines Evaluation Board. Of the 65, we found ERFs in 37. The majority of the ERFs were graded as major and half of the time it was informed-consent related. A third of these findings were related to research ethics committee processes and requirements. Of the 37 inspections with ERFs, 30 were endorsed in the integrated inspection reports as generally GCP compliant. Day 150 joint response assessment reports and Day 180 list of outstanding issues were reviewed for all 37 inspections, and none of the ERFs were carried over in any of the assessment reports or list of outstanding issues. Conclusion None of the ethically relevant findings, all of which were graded as major or critical in integrated inspection reports, were explicitly carried over to the joint assessment reports. This calls for more transparency in EMA application deliberations on how ERFs are considered, if at all, in the decision-making processes. (shrink)

We used Discursive Psychology to study the claims and arguments which occur when ‘the child’s best interests’ is produced as a resource in family mediation settings. Analysis draws on data from three pairs of separated or separating parents attempting to resolve child contact or residency disputes through mediation. Our analysis focuses on the tendency of claims to the abstract notion of the child’s best interests to exacerbate conflict, especially as parents drew on conflicting research in this area. Changing expectations of (...) fathering could be observed in the men’s argumentative positioning, and this was taken up in different ways by ex-partners and by mediators. Participants aligned themselves with mediators’ statements by picking up details of mediators’ language, hampering mediators’ attempted neutrality. The problematic nature of acknowledging the intensity of emotions in this process was also highlighted. (shrink)

BackgroundThe Netherlands is one of the few countries where euthanasia is legal under strict conditions. This study investigates whether Dutch newspaper articles use the term ‘euthanasia’ according to the legal definition and determines what arguments for and against euthanasia they contain.MethodsWe did an electronic search of seven Dutch national newspapers between January 2009 and May 2010 and conducted a content analysis.ResultsOf the 284 articles containing the term ‘euthanasia’, 24% referred to practices outside the scope of the law, mostly relating to (...) the forgoing of life-prolonging treatments and assistance in suicide by others than physicians. Of the articles with euthanasia as the main topic, 36% described euthanasia in the context of a terminally ill patient, 24% for older persons, 16% for persons with dementia, and 9% for persons with a psychiatric disorder. The most frequent arguments for euthanasia included the importance of self-determination and the fact that euthanasia contributes to a good death. The most frequent arguments opposing euthanasia were that suffering should instead be alleviated by better care, that providing euthanasia can be disturbing, and that society should protect the vulnerable.ConclusionsOf the newspaper articles, 24% uses the term ‘euthanasia’ for practices that are outside the scope of the euthanasia law. Typically, the more unusual cases are discussed. This might lead to misunderstandings between citizens and physicians. Despite the Dutch legalisation of euthanasia, the debate about its acceptability and boundaries is ongoing and both sides of the debate are clearly represented. (shrink)

The papers in the following section arose from a roundtable discussion organised by the AHRC Research Centre for Law, Gender and Sexuality, titled ‘Law, Gender and Sexuality: The Making of a Field’. Participants in the roundtable were asked to reflect on the challenges confronting law, gender and sexuality (LGS) as an area of research and scholarship, and to ask what benefits, possibilities, risks and dangers accompany the establishment of a research terrain. The papers address such questions as ‘what is a (...) field and how is it made?’; ‘has LGS attained the status of a field?’; ‘what does it mean to locate oneself within the field of LGS?’; and ‘what is the relationship between feminism and LGS?’. They also consider possible future directions for the field of LGS. Together, the papers provide a variety of differing, and sometimes conflicting, perspectives on the developing body of intellectual and political activity that might be labelled ‘law, gender and sexuality’. (shrink)

This article examines the phenomenon of women barristers' denials of the existence of discrimination against women at the Bar, against a backdrop of widespread evidence of sex discrimination and gender bias in this branch of the legal profession. Using interview transcripts from a research study of the status of women at one of the independent Bars in Australia, the article analyses the various stories told by senior women barristers to the interviewers about their gender and experiences at the Bar. It (...) argues that structural and psychological explanations of denials of discrimination are inadequate to account for the range and public nature of the stories told by these women. Rather, the evidence suggests that the women's interview responses were part of the active constitution of themselves as (non/gendered) subjects of the Bar. (shrink)

In this book, leading Christian political thinkers and practitioners critique the Rawlsian concepts of “justice as fairness” and “public reason” from the perspective of Christian political theory and practice. It provides a new level of analysis from Christian perspectives, including implications for such hot topics as the culture war.

Persistent and pervasive rudeness and lack of respect are unfortunately common in workplaces today. The deleterious effects of this incivility at work may be even worse than previously demonstrated, impacting not only employee victims but also trickling down to those who employees contact. However, we propose that leaders who prioritize their followers’ needs above their own, also known as servant leaders, may be a critical preventative mechanism to reduce group-level incivility through promoting a virtuous climate. Applying social learning theory and (...) social information processing theory, we argue that servant leaders role model virtuous character that contributes to a virtuous climate that influences group members to reduce incivility and, in turn, treat others well. We utilize the healthcare setting to support this hypothesized process across multi-source measures of incivility from coworkers and team supervisors and three indicators of quality of patient care. Specific findings and implications for managers in healthcare settings and beyond are discussed. (shrink)

BackgroundResearch ethics committees (RECs) are tasked to assess the risks and the benefits of a trial. Currently, two procedure-level approaches are predominant, the Net Risk Test and the Component Analysis.DiscussionBy looking at decision studies, we see that both procedure-level approaches conflate the various risk-benefit tasks, i.e., risk-benefit assessment, risk-benefit evaluation, risk treatment, and decision making. This conflation makes the RECs’ risk-benefit task confusing, if not impossible. We further realize that RECs are not meant to do all the risk-benefit tasks; instead, (...) RECs are meant to evaluate risks and benefits, appraise risk treatment suggestions, and make the final decision.ConclusionAs such, research ethics would benefit from looking beyond the procedure-level approaches and allowing disciplines like decision studies to be involved in the discourse on RECs’ risk-benefit task. (shrink)

Proceeding from a phenomenological perspective, the present study investigated the experiences of seven homeless women who had lived through childhood trauma and subsequent substance abuse, with specific focus on the recovery process experienced by each. Applying the analytical protocol of Giorgi to the written accounts obtained from the participants, 15 constituent themes of the recovery process were identified. In order to illuminate the participants’ experiences with minimal influence of any possible researcher bias, the researcher refrained from labelling, judging or diagnosing (...) the women’s life circumstances. Consequently, no treatment paradigm was applied to help explain, predict or judge the behaviour of the participants during the course of this research. (shrink)

This paper uses social capital theory to explain contemporary slavery in the context of American professional sports leagues. While traditional slavery was legallyabolished in the United States (US) during the nineteenth century, using the label slavery to describe professional athletes is often dismissed because these athletes are wellcompensated performers with access to incremental compensation through commercial endorsements. As active players, athletes have opportunities to build and leverage social capital, yet, after they retire from competition, these opportunities frequently diminish. We contend (...) contemporary slavery exists for professional athletes and during their careers they are bound to their owners via “gilded cage” slavery, which is attractive to enter yet difficult to exit. We also contend that during this “bondage,” athletes build and maintain social capital; yet upon retirement, athletes are limited in opportunities to leverage socialcapital to improve their own situations or those of their communities. (shrink)

The Jesus Sutras: Rediscovering the lost religion of Taoist Christianity. Martin Palmer. Piatkus, London 2001. xvi, 270 pp. £17.99. ISBN 0 7499 2250 8.

One of the more recent approaches in attempting a reinterpretation of the philosophy of Johann Gottlieb Fichte has been to concentrate on his theory of interpersonality as a key to his system. But a study of Fichte’s interpersonal theory in its early forms shows, among other things, a rather surprising lack of treatment of an important form of immediate interpersonal experience: love. And yet if interpersonality lies at the core of Fichte’s philosophy, one could expect that a treatment of some (...) sort of love experience would be central to his view of the life-world. (shrink)