In criminal trials with a jury, judges have many opportunities to engage in adjudicative fact-finding before the jury retires. English law has no conceptual framework for examining this judicial fact-finding which encompasses two categories of collateral fact (preliminary and underlying fact) and foreign law. A third category of collateral fact (conditional fact) is decided by the jury. The article examines the nature of judicial fact-finding and the history and rationale for this allocation of fact-finding responsibility between judge and jury.

For a long time, emotions have been ignored in the attempt to model intelligent behavior. However, within the last years, evidence has come from neuroscience that emotions are an important facet of intelligent behavior being involved into cognitive problem solving, decision making, the establishment of social behavior, and even conscious experience. Also in research communities like software agents and robotics, an increasing number of researchers start to believe that computational models of emotions will be needed to design intelligent systems. Nevertheless, (...) modeling emotions in technical terms poses many difficulties and has often been accounted as just not feasible. In this article, there are identified the main problems, which occur when attempting to implement emotions into machines. By pointing out these problems, it is aimed to avoid repeating mistakes committed when modeling computational models of emotions in order to speed up future development in this area. The identified issues are not derived from abstract reflections about this topic but from the actual attempt to implement emotions into a technical system based on neuroscientific research findings. It is argued that besides focusing on the cognitive aspects of emotions, a consideration of the bodily aspects of emotions—their grounding into a visceral body—is of crucial importance, especially when a system shall be able to learn correlations between environmental objects and events and their “emotional meaning”. (shrink)

Rosemary Hennessy confronts some of the impasses in materialist feminist work on rethinking `woman' as a discursively constructed subject. She argues for a theory of discourse as ideology taking into account the work of Kristeva, Foucault and Laclau.

Pure time preference is a preference for something to come at one point in time rather than another merely because of when it occurs in time. In opposition to Sidgwick, Ramsey, Rawls, and Parfit we argue that it is not always irrational to be guided by pure time preferences. We argue that even if the mere difference of location in time is not a rational ground for a preference, time may nevertheless be a normatively neutral ground for a preference, and (...) this makes it plausible to claim that the preference is rationally permitted. (shrink)

This empirical study advances the understanding of the theory of investment in human capital by outlining limitations to its applicability in the context of return to education. The study uses the concept of moral hazard to examine circumstances when financial support for education purpose generates less desirable post-graduation incomes. This study explores the relationship between financial support and post-graduation incomes using data from the Survey of Income and Program Participation that is designed to measure the economic situation of individuals. Results (...) suggest that students are less likely to engage in moral hazardous behavior to the degree to which they are older and to the degree to which they receive costlier financial assistance. (shrink)

No other cluster of medical issues affects the genders as differently as those related to procreationcontraception, sterilization, abortion, artificial insemination, in-vitro fertilization, surrogate motherhood, and genetic screening. Rosemarie Tong s approach to feminist bioethics serves as a catalyst to bring together different feminist voices in hope of actually doing something to make gender equity a present reality rather than a mere future possibility.".

Cost-benefit analysis is commonly understood to be intimately connected with utilitarianism and incompatible with other moral theories, particularly those that focus on deontological concepts such as rights. We reject this claim and argue that cost-benefit analysis can take moral rights as well as other non-utilitarian moral considerations into account in a systematic manner. We discuss three ways of doing this, and claim that two of them (output filters and input filters) can account for a wide range of rights-based moral theories, (...) including the absolute notions of moral rights proposed by Hayek, Mayo, Nozick, and Shue. We also discuss whether the use of output filters and input filters can be generalized to cover other non-utilitarian theories, such as Kantian duty ethics and virtue ethics. (shrink)

Publication date: 2 May 2019 Source: Author: Rosemary O. Obasi This paper presents a number of research opportunities in corporate governance in Nigeria. Corporate governance has come along with changes in Nigeria regulatory framework for financial reporting and corporate governance code during the recent years. The researcher identified some important areas where research can help advance our knowledge and provide relevant information for policy makers. These research areas include audit firm governance, corporate level of compliance on corporate governance; Public (...) sector code of governance; adoption of Not-for-profit governance code by such organisations in Nigeria. The research questions that were raised are of global interest, but the Nigeria environment provides some distinctive natural experimental settings to address these questions. (shrink)

The roles of women and of feminine identity have been historically and traditionally constructed around motherhood. However, recent years have seen a growing trend among women to remain childless/ childfree. Drawing on interviews with 25 voluntarily childless women, this article considers the extent to which this trend results from the appeal or pull of the perceived advantages of a childfree lifestyle as well as the ways childfree women might represent a more fundamental and radical rejection of motherhood and the activities (...) associated with it. The article concludes by considering how to recast understandings of feminine identity away from a mother-centered focus. (shrink)

In this survey of feminist theory, Rosemarie Tong provides coverage of the psychoanalytic, existential and postmodern schools of feminism. The author guides the reader through the complexities of even the most notoriously difficult thinkers. Students will meet and become familiar with many of the essential figures in the feminist tradition, from Wollstonecraft and Engel, on through de Beauvoir, Dinnerstein, and Daly, and up to Mitchell and Cixous. The text treats all views with respect and encourages students to think critically and (...) sympathetically about a wide range of views that have a direct relevance to their own lives. (shrink)

The question of how to respond to the deep political divides in the United States today has resulted in the emergence of two camps. On one side are those who argue that the cultivation of civic virtues like civility will lead to more respectful interpersonal relationships through which consensus and mutual understanding can be built. On the other are those who argue that our commitment to justice is primary and may require uncivil behavior to disrupt and change unjust structural relationships. (...) In Healthy Conflict in Contemporary American Society, Jason Springs helps to bridge the divide between these two positions. Because he takes a relational approach that centers both interpersonal and structural relationships, Springs makes both mutual respect and just structures central to his conception of healthy conflict. Taking relationality seriously thus helps to overcome this impasse, but it also raises significant questions about the impact of asymmetrical relationships on citizens’ responsibilities to engage in healthy conflict. (shrink)

Finds in Plato's dialogue not only a discussion, but also a demonstration of his philosophical principles.

Feminist standpoint theory posits feminism as a way of conceptualizing from the vantage point of women's lives. However, in current work on feminist standpoint the material links between lives and knowledges are often not explained. This essay argues that the radical marxist tradition standpoint theory draws on-specifically theories of ideology post-Althusser-offers a systemic mode of reading that can redress this problem and provide the resources to elaborate further feminism's oppositional practice and collective subject.

Feminist standpoint theory posits feminism as a way of conceptualizing from the vantage point of women's lives. However, in current work on feminist standpoint the material links between lives and knowledges are often not explained. This essay argues that the radical marxist tradition standpoint theory draws on-specifically theories of ideology post-Althusser-offers a systemic mode of reading that can redress this problem and provide the resources to elaborate further feminism's oppositional practice and collective subject.

ABSTRACTBusiness actors often act in ways that may harm other parties. While the law aims to restrict harmful behavior and to provide remedies, legal systems do not anticipate all contingencies and legal regulations are not always well-enforced. This article argues that the logic of double effect, which has been developed and deployed in other areas of practical ethics, can be useful in helping business actors decide whether or not to pursue potentially harmful activities in commonplace business activity. The article illustrates (...) how LDE helps to explain the exploitative nature of payday lending, the distinction between permissible and impermissible forms of market competition, and the potential wrong of imposing risk of harm on others. The article also addresses foundational debates about LDE itself. We offer the article as an illustration of the sort of “midlevel” theorizing that can address directly the needs of practitioners. (shrink)

In this paper I seek to distinguish a feminist virtue ethics of care from (1) justice ethics, (2) narrative ethics, (3) care ethics and (4) virtue ethics. I also connect this contemporary discussion of what makes a virtue ethics of care feminist to eighteenth and nineteenth century debates about male, female, and human virtue. I conclude that by focusing on issues related to gender - primarily those related to the systems, structures, and ideologies that create and sustain patterns of male (...) domination and female subordination - we can begin to appreciate that true care and bona-fide virtue can flourish only in societies that treat all persons with equal respect and consideration. (shrink)

Drawing on resources from pragmatist thought allows religious ethicists to take account of the central role traditions play in the formation and development of moral concepts without thereby espousing moral relativism or becoming traditionalists. After giving an account of this understanding of the concept of tradition, I examine the ways in which understandings of tradition play out in two contemporary examples of tradition-based ethics: works in comparative ethics of war by James Turner Johnson and John Kelsay. I argue that a (...) pragmatist approach to tradition-based ethics allows for a nuanced and flexible understanding of moral traditions, and one that holds great promise for international consensus-building around shared ethical norms for the use of armed force. (shrink)

1. IntroductionA paternalistic act is one in which the protection or promotion of a subject's welfare is the primary reason for attempted or successful coercive interference with an action or state of that person. My aim in this paper is to determine the conditions under which such acts are Justified. The route I take is through the concept of consent, with actual consent providing the foundation for a rather complex condition which I claim is necessary and sufficient for the Justification (...) of paternalism.Because a paternalistic act apparently violates a subject's right to non-interference, it constitutes a problem in the general area of rights. Ideally, then, one should have a developed and convincing theory of rights — that is, a theory which contains an analysis of the concept of a right, and offers solutions to the central problems, e.g. who has rights and why, what considerations override prima facie rights, and how the relative importance of prima facie rights is determined — from which the solutions to various problems about paternalism can be derived. (shrink)

Joyce, Rosemarie Since the middle of last century, there has been a gradual change in Australian society with regard to how one understands and practises authority and obedience. In the past, those who were in positions of authority, be it church or civil, could expect to be revered and their decisions to be obeyed even if there was no personal agreement with the decision in question. But the situation has changed and continues to change. Many would agree that those who (...) exercise authority today have to earn the respect they require to be shown and that they do not always have the unilateral right to make decisions that affect the general community! (shrink)

Dying and creating or, could we put it the other way round, creating and dying? Rosemary Gordon has chosen the first, the challenging title and the one that stimulates the reader to find out how they inter-relate. There are essential links between the facts and the concepts. C. G. Jung devoted much attention to the psychology of death, re-birth and transformation: the author acknowledges her debt to him, to his creative spirit and to the depth of his understanding. As (...) she is a working analytical psychologist, much of the material in her. But she is also a theorist: the human and the academic come together.Many Westerners in the course of their daily lives conceal their fears of death and so they deprive themselves of the possibility of getting into touch with the hidden sources of creativeness. Patients in analysis communicate some of their deepest feelings and thoughts about preparing for death, and grieving, and dying. (shrink)

In previous studies investigating entrainment and person perception, synchronized movements were found to enhance memory for incidental person attributes. Although this effect is robust, including in dance, the process by which it is actuated are less well understood. In this study, two hypotheses are investigated: that enhanced memory for person attributes is the result of (1) increased gaze time between in-tempo dancers, and/or (2) greater attentional focus between in-tempo dancers. To explore these possible mechanisms in the context of observing dance, (...) an eye-tracking study was conducted in which subjects watched videos of pairs of laterally positioned dancers; only one of the dancers was synchronized with the music, the other being asynchronous. The results were consistent with the first hypothesis—music-dance synchrony gives rise to increased visual inspection times. In addition, there was a preference for upper-body fixations over lower-body fixations across both synchronous and asynchronous conditions. A subsequent, single-dancer eye-tracking study investigated fixations across different body regions, including head, torso, legs and feet. Significantly greater dwell times were recorded for head than torso and legs; feet attracted significantly less dwell time than any other body region. Lastly, the study sought to identify dance gestures responsible for torso- and head-directed fixations. Specifically we asked whether there are features in dance that are specially designed to direct an observer’s gaze towards the face—the main “communicative portal” with respect to the transmission of intent, affect and empathy. (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)

Community engagement models have provided much needed guidance for researchers to conceptualise and design engagement strategies for research projects. Most of the published strategies, however, still show very limited contribution of the community to the engagement process. One way of achieving this is to document experiences of community members in the CE processes during project implementation. The aim of our study was to explore the experiences of two research naïve communities, regarding a CE strategy collaboratively developed by researchers and study (...) communities in a multicountry study. The study was carried out in two research naïve communities; Gwanda, Zimbabwe and uMkhanyakude, South Africa. The multicentre study was a community based participatory ecohealth multicentre study. A qualitative case study approach was used to explore the CE strategy. Data was collected through Focus Group Discussions, Key Informant Interviews and Direct Observations. Data presented in this paper was collected at three stages of the community engagement process; soon after community entry, soon after sensitisation and during study implementation. Data was analysed through thematic analysis. The communities generally had positive experiences of the CE process. They felt that the continuous solicitation of their advice and preferences enabled them to significantly contribute to shaping the engagement process. Communities also perceived the CE process as having been flexible, and that the researchers had presented an open forum for sharing responsibilities in all decision making processes of the engagement process. This study has demonstrated that research naïve communities can significantly contribute to research processes if they are adequately engaged. The study also showed that if researchers put in maximum effort to demystify the research process, communities become empowered and participate as partners in research. (shrink)

Contemporary analyses of moral injury in war focus on its occurrence in American veterans who commit or witness acts contrary to their deeply held moral beliefs. Moral injuries suffered by noncombatants are largely absent from this discourse. I advocate for greater inclusion of the victim‐centered perspective in studies of moral injury in war. This perspective conceptualizes moral injury as the specific harm suffered when one's moral humanity is not recognized. Given that susceptibility to moral injury is part of moral personhood, (...) failure to acknowledge noncombatants' moral injury represents failure to recognize their full and particular personhood and thus may inflict further moral injury. Centering noncombatants' moral injury strengthens the critical power of moral injury, enabling the identification of specific steps toward establishing just relationships and social trust to repair and prevent moral injury in noncombatants and combatants alike. (shrink)

What do a short car trip, a pandemic, the wood-wide fungal web, a challenging learning experience, a storm, transport logistics, and the language(s) we speak have in common? All of them are systems, or multiple sets of systems within systems. What happens in any set of circumstances will depend on a mix of initial conditions, complexity dynamics, and the odd wild card (e.g., a chance event). While it is possible to model and predict what might or perhaps should happen, it (...) is impossible to be certain. "It depends" thinking needs to be applied. Future-focused literature identifies complex systems thinking as an essential capability for citizenship, and this book sets out to show teachers how they might foster it-for themselves as well as for their students. There are implications for pedagogy, curriculum, and assessment. Multiple examples show what changes might look like, for students of different ages, and in different subject contexts. This is a book of several layers: It is both practical and philosophical. There is explicit discussion of parallels between complexity science and indigenous knowledge systems (specifically mātauranga Māori in the New Zealand context). The many examples are designed to appeal to general readers with an interest in the complex challenges facing contemporary societies, as well as to teachers at all levels of the education system. (shrink)

This book attempts to relate a theory of liberty to the practice of education, and to work out the implications of beliefs about freedom for our schools and classrooms. The author makes a plea for greater respect for children and argues for greater democracy in education.

In her Greek and Roman Sundials , Sharon Gibbs discusses with success the identification of the archaeological finds of ancient sundials with the description of the types given briefly by Vitruvius . There is, however, an important piece of evidence from another ancient literary source which, though it does not alter her conclusions, ought to be added and clarified.

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)

For more than two centuries, human workers in both the United Kingdom and Australia have been afforded some level of protection at work by occupational or work health and safety legislation. Concurrently, the legislative protection of animals has grown from a bare recognition of some as legitimate objects for protection from cruelty to a space where many species are deemed sentient beings. However, current animal welfare legislation in Australia and elsewhere exempt some classes of animals from protection and allow some (...) questionable practices that result in animals suffering in a range of environments. One such environment is, arguably, the workplace. While work health and safety legislation aims to make workplaces and systems of work safe for people, animals who work are not captured by this legislation in Australia. In this article, I argue that work health and safety legislation should take a new, contemporary, and inclusive approach by relinquishing outdated anthropocentric perspectives and recognizing the role of animals as workers and their need for workplace regulation and protection. The proposed reform of the work health and safety legislation would incorporate animal work health and safety by, as a minimum, extending the current definition of “workers” to include animals who work. (shrink)

This paper examines what managers ought to do when confronted with apparent moral conflicts between their managerial responsibilities and the general requirements of morality, specifically when those conflicts are driven by the institutional environment. I examine Google’s decision to enter the Chinese search engine market as an example of such a conflict. I consider the view that Google’s managers engaged in justifiable moral compromise in making the choice to engage in self-censorship and show how this view depends on the idea (...) of genuine moral dilemmas or irresolvable moral conflicts. I argue that there are serious reasons to doubt the existence of genuine moral dilemmas both in the abstract, as well as in the context of managerial responsibility. I propose an alternative account for what Google’s managers ought to do, as well as others who face relevantly similar situations. The account contains two conditions for permissibly contributing to another party’s failure to live up to their moral responsibilities. The first condition is that the manager must intend and act in such a way as to minimize the firm’s complicity in the other entity or actor’s failure, which in most cases will imply a duty for the manager to take actions that aim towards changing the institutional context. Under the second condition, managers ought to communicate to the firm’s constituents that they take seriously the importance of the interests at stake. (shrink)

The outcomes of psychoanalysis, as with other psychotherapies, vary considerably. _Psychoanalytic Treatment in Adults _examines the results of a longitudinal study of change during psychoanalysis, illuminating the characteristics of patients, analysts and analyses which can help to predict outcomes of treatment. Written by experienced psychologists and psychoanalysts, chapters in the book draw upon sixty case studies to consider how patients with very different analytic outcomes respond at both the beginning and end of their analysis. Psychoanalysts used a clinician report measure, (...) the Shedler-Westen Assessment Procedure, to describe a patient at the beginning of psychoanalysis and every six months until the analysis ended. This allowed the authors to learn about changes over analysis and, in turn, improved treatment planning and practice for the well-being of other patients. Chapters explore five outcomes: a negative therapeutic reaction; attrition when the patient drops out; attrition due to external events; mutual agreement between patient and analyst without maximum benefits; and mutual agreement between patient and analyst with maximum benefits. The findings from these chapters will be of interest to researchers and academics in the fields of psychoanalysis, psychotherapy, psychodynamic therapy, psychoanalytic education, psychiatry and psychology. The results should also help clinicians recognize potential problems early in analytic treatments so that they can work more effectively with patients. (shrink)