Bryce, Ian The following are my personal observations based on several visits to public hearings of the Royal Commission into Institutional Responses to Child Sexual Abuse. I've also included media reports, and what I've learnt from contacts with interest groups. I recommend others sit in a public hearing for a day, to see the system in action.

The final report of the Australian Royal Commission into institutional responses to child sexual abuse comprises 17 volumes, one of which addresses its findings in relation to schools. In this arti...

The debate about genetic modification (GM) can be seen as characteristic of our time. Environmental groups, in challenging GM, are also challenging modernist faith in progress, and science and technology. In this paper we use the case of New Zealand's Royal Commission on Genetic Modification to explore the application of science discourses as used by environmental groups. We do this by situating the debate in the framework of modernity, discussing the use of science by environmental groups, and deconstructing (...) the science discourses evident within environmental groups' submissions to the Commission. We find science being called into question by the very movement that has relied on it to fight environmental issues for many years. The environmental groups are challenging the traditional boundaries of science, for although they use science they also present it as a culturally embedded activity with no greater epistemological authority than other knowledge systems. Their discourses, like that of the other main actors in the GM debate, are thus part of the constant re-negotiation of the cultural construct of 'science'. (shrink)

This paper explores how, at the 1875 Royal Commission on Vivisection, the anaesthetised animal was construed as a boundary object around which “cooperation without consensus” Computer supported cooperative work: cooperation or conflict? Springer, London, 1993) could form, serving the interests of both scientists and animals. Advocates of anaesthesia presented it as benevolently intervening between the scientific agent and animal patient. Such articulations of ‘ethical’ vivisection through anaesthesia were then mandated in the 1876 Cruelty to Animals Act, and thus (...) have had significant downstream effects on the regulation of laboratory animals in Britain and beyond. Constructing this ‘consensus’ around the anaesthetised animal, however, required first excluding abolitionists and inhumane scientists, and secondly limiting the interests of experimental animals to the avoidance of pain through anaesthesia and euthanasia, thereby circumventing the issue of their possible interest in future life. This consensus also served to secure the interests of vivisecting scientists and to limit the influence of public opinion in the laboratory to administrative procedure and scheduled inspection. The focus on anaesthesia was connected with discussions of what supporting infrastructures were required to ensure proper ethical procedure was carried out by scientists. In contrast to the much studied polarisation in British society between pro- and antivivisectionists after 1876, we understand the 1875 Commission as a conflict amongst scientists themselves, while also being an intra-class conflict amongst the ruling class. (shrink)

The first task of the Royal Commission, in my view, is to decide what functions the House of Lords should perform. That will determine what powers it ought to have and how it should be constituted.

The significance of political-economic context for scientific citizenship is argued through an analysis of New Zealand’s Royal Commission on Genetic Modification. My intention is not to provide an account of why the commission came to the decisions it did but to illustrate how the political-economic context and the culture of regulatory science both exacerbate public concerns about unacknowledged uncertainty and commercial influence and make it difficult for those concerns to influence the outcomes of public dialogues. The discursive (...) flexibility of science as alternately predictive and provisional silences concerns about uncertainty, while a further interpretive choice of science as the autonomous activities of individuals unconstrained by political-economic context occludes the nature of concerns about commercial influence. Rather than the increasingly prevalent focus on processes of engagement, I argue that it is essential that researchers in this area attend to how public dialogue is placed in relation to the cultures and structures of regulatory science and neoliberalism. (shrink)

This paper argues that while regulatory frameworks in aged care authorise restraints to protect vulnerable persons living with dementia from harm, they also serve as normalising practices to control challenging monstrous Others. This argument emerges out of an observed unease in aged care discourse where older people living with dementia are described as ‘vulnerable’, while dementia behaviours are described as ‘challenging’. Using narrative analysis on a case study from the Final Report of the Australian Royal Commission into Aged (...) Care Quality and Safety (RCAC), this paper investigates how the RCAC (re)produced constructions of persons with dementia as ‘vulnerable monsters’. Drawing upon monstrous theory about ‘unruly and leaky’ bodies, extracts from the case study reveal how the RCAC repeated and reinforced monstrous constructions of dementia. Dementia behaviours, particularly ‘wandering’, were constructed through a dehumanising crisis frame that produced ‘challenging’ bodies and legitimised ‘last resort’ normalising practices, such as physical and chemical restraints. In failing to resist monstrous constructions of dementia behaviours, the RCAC accepted and authorised a regime of scaled responses leading to restrictive practices for control of challenging bodies in aged care. Although dementia care and restrictive practices received substantial attention in the RCAC, this paper reveals a missed opportunity for deeper review of institutionalised use of restraints that has relevance for ongoing reform of Australian aged care following conclusion of the RCAC. (shrink)

This section is focused on some areas of concern which were identified in The Report of the Royal Commission into Commercial Activities of Government and Other Matters (1990–1992). In the Report a number of situations were examined in which some individuals acted without recourse to any ethical guidelines. Most of the people mentioned in the Report held responsible positions in either Government or the private sector, and all were very well known in the community. The Report of the (...) Royal Commission made a number of findings of serious impropriety on the part of several individuals, although there was comparatively little evidence of illegal or corrupt conduct. This section shows what happened to a governmental system in an Australian state when a number of Ministers and their advisors placed their personal or party advantage over their constitutional obligation to act in the community''s interests.Those who cannot remember the past are condemned to repeat it. (shrink)

Kunc, Francois When I told another lawyer that I was coming here tonight he sent me an email commiserating that 'the art of after dinner speaking is doubly difficult for judges who are expected to be witty and entertaining, but not say anything controversial-or maybe nothing at all'. I also had the pleasure of spending some time recently with your Bishop Peter, who admonished me to 'keep it light'.

I thank Michael Symons and Dr Paul Rule for comments on this paper; and Channel 10’s Chris Kenny and Grant Heading for access to the uncut tape of Mr Kenny’s interview with Mr Milera.

In February 1828 a Royal Commission was appointed to examine the law of Real Property of England and Wales. The Commission sat for four years and examined a vast amount of material, recommended certain changes in the law, and drafted several bills for consideration by parliament. Four massive reports were eventually presented to parliament in May 1829, June 1830, May 1832, and lastly in April 1833. As a result parliament enacted a limited number of piecemeal reforms, but (...) did not attempt a major revision of the law. (shrink)

ABSTRACTThis report on end‐of‐life decision‐making in Canada was produced by an international expert panel and commissioned by the Royal Society of Canada. It consists of five chapters.Chapter 1 reviews what is known about end‐of‐life care and opinions about assisted dying in Canada.Chapter 2 reviews the legal status quo in Canada with regard to various forms of assisted death.Chapter 3 reviews ethical issues pertaining to assisted death. The analysis is grounded in core values central to Canada's constitutional order.Chapter 4 reviews (...) the experiences had in a number of jurisdictions that have decriminalized or recently reviewed assisted dying in some shape or form.Chapter 5 provides recommendations with regard to the provision of palliative care in Canada, as well as recommendations for reform with respect to the various forms of assisted death covered in this document. (shrink)

Recent studies have fruitfully examined the intersection between early modern science and visual culture by elucidating the functions of images in shaping and disseminating scientific knowledge. Given its rich archival sources, it is possible to extend this line of research in the case of the Royal Society to an examination of attitudes towards images as artifacts—manufactured objects worth commissioning, collecting, and studying. Drawing on existing scholarship and material from the Royal Society Archives, I discuss Fellows’ interests in prints, (...) drawings, varnishes, colorants, images made out of unusual materials, and methods of identifying the painter from a painting. Knowledge of production processes of images was important to members of the Royal Society, not only as connoisseurs and collectors, but also as those interested in a Baconian mastery of material processes, including a “history of trades.” Their antiquarian interests led to discussion of painters’ styles, and they gradually developed a visual memorial to an institution through portraits and other visual records. (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)

There is no such thing as , conceived as a special discipline with its own distinctive subject matter or peculiar method. But there is an analytic task for philosophy that distinguishes it from other reflective pursuits, a global or synoptic commission: to establish whether the final outputs of other disciplines and common sense can be fused into a single periscopic vision of the Universe. And there is the hard-won insight that thought and language aren't transparent but stand in need (...) of analysis an insight that threatens to be lost once philosophers appeal to intuitions. (shrink)

Thomas Hoccleve wrote his Regement of Princes in 1411 and addressed it to the patronage of Henry, Prince of Wales, who was to succeed to the throne as Henry V two years later, on the death of his father, Henry IV. The Regement is a book of the governance of princes, drawn from the De regimine principum of Aegidius Romanus and from other similar works including the Secreta secretorum, which purports to be a compendium of Aristotle's advice on kingship to (...) Alexander the Great. Like these works, Hoccleve's Regement lays out a series of unexceptionable moral principles that should guide a prince's behavior: the prince is exhorted, for instance, to be prudent, just, liberal, and receptive to counsel. These recommendations are supported with citations from biblical and classical authorities and a wealth of narratives exemplary of kingly and unkingly conduct. Princes were to look in such books as in a mirror, and there see displayed the image of what they should truly be. They were “Mirrors for Princes.” Princes welcomed them and on occasion commissioned them, not because they specially desired to have instruction in the business of government from clerks, nor because they would much appreciate being told things they did not wish to hear, but because it was important that they should represent themselves as receptive to sage counsel. They are not simply political public relations exercises but, equally, they are not “books of instruction.”. (shrink)

The Australian Royal Commission into Aged Care Quality and Safety acknowledged understaffing and substandard care in residential aged care and home care services, and recommendations were made that that the Australian Government should promote assistive technology within aged care. Robotic care assistants can provide care and companionship for the elderly—both in their own homes and within health and aged care institutions. Although more research is required into their use, studies indicate benefits, including enabling the elderly to live independently (...) at home, assistance with medication and monitoring of safety. Nevertheless, there are inherent ethical challenges in the use of robots as carers, including loss of privacy, unwarranted restrictions on autonomy, lack of dignity, deception, and the exacerbation of loneliness. Ethics by design can counter these issues in development of robotics and clinical ethics committees have been put forward as a way of dealing with the ethical use of robotic care in healthcare institutions. In this paper I outline the ethical challenges of robotic care assistants and how these may be mediated in their design and use. (shrink)

Canada's Royal Commission on New Reproductive Technologies rejects all forms of surrogacy arrangement under the rubric of objecting to commercial surrogacy. Noncommercial surrogacy arrangements, however, can be defended against the commission's objections. They can be viewed as cases of giving a benefit or service to another in a way that expresses benevolence, and establishes a relationship between surrogates and prospective 'social' parents that allows mutual understanding and reciprocal personal interaction between them.

give a proof of the existence of nonlocal influences acting on correlated spin-1/2 particles in the singlet state which does not require any particular interpretation of quantum mechanics (QM). (Except Stapp holds that the proof fails under a many-worlds interpretation of QM—a claim we analyse in 1.2.) Recently, in responding to Redhead's ([1987], pp. 90-6) criticism that the Stapp 1 proof fails under an indeterministic interpretation of QM, Stapp [1989] (henceforth Stapp 2), has revised the logical structure of his proof (...) including its crucial locality assumption. Our main aim is to show that this revision is a step in the wrong direction because it faces two difficulties which undermine the resulting proof's significance (3.1) and validity (3. 2). We also clarify and extend the Stapp 1 proof (1. 1) with the aid of Lewis' analysis of counterfactuals (1. 2) and causal dependence (2. 2 and 2. 3). In so doing, we are able to identify two new defects in the Stapp 1 proof (1. 3 and 2. 1) in addition to corroborating Redhead's criticism (2. 2). Also, the additional assumptions which save the Stapp 1 proof's validity are detailed (2. 3) and some new difficulties for the determinist are pointed out by exploiting a slightly extended version of the proof (2. 4). In providing this full analysis of the Stapp 1 proof, we also construct the necessary framework within which to provide a critique of Stapp 2's proof (3). *Portions of this paper were presented by R. K. Clifton to the 1988 British Society for the Philosophy of Science Conference at the University of Southampton. R. K. Clifton wishes to thank the Natural Sciences and Engineering Research Council of Canada, the Royal Commission for the Exhibition of 1851, and the Governing Body of Peterhouse at Cambridge University for support during this work. (shrink)

“Punishment,” writes J. E. McTaggart, “ is pain and to inflict pain on any person obviously [requires] justification.” But if the need to justify punishment is obvious, the manner of doing so is not. Philosophers have developed an array of diverse, often conflicting arguments to justify punitive institutions. Gertrude Ezorsky introduces this source book of significant historical and contemporary philosophical writings on problems of punishment with her own article, “The Ethics of Punishment.” She brings together systematically the important papers and (...) relevant studies from psychology, law, and literature, and organizes them under five subtopics: concepts of punishment, the justification of punishment, strict liability, the death penalty, and alternatives to punishment. Under these general headings forty-two papers are presented to give philosophical perspectives on punishment. Included are many not generally available. This book brings together in a single volume the views of such diverse writers as Plato, St. Thomas Aquinas, Samuel Butler, Karl Marx, and Lady Barbara Wooten. Others are J. Andenaes, K. G. Armstrong, John Austin, Kurt Baier, Jeremy Bentham, F. H. Bradley, Richard Brandt, Clarence Darrow, A. C. Ewing, Joel Feinberg, “The Hon. Mr. Gilpin,” H. L. A. Hart, G. W. F. Hegel, Thomas Hobbs, Immanuel Kant, J. D. Mabbott, H. J. McCloskey, J. E. McTaggart, R. Martinson, G. E. Moore, Herbert Morris, Anthony Quinton, D. Daiches Raphael, H. Rashdall, John Rawls, W. D. Ross, Royal Commission on Capital Punishment Report 1949–53, George Bernard Shaw, T. L. S. Sprigge, and R. Wasserstrom. (shrink)

In the context of redressing wrongs of the past, the importance of acknowledgement is often urged. It figures significantly, for instance, in the final report of South Africa's Truth and Reconciliation Commission and in the 1996 Canadian Royal Commiss ion Report on Aboriginal Peoples. In both documents a central theme is that acknowledging wrongs of the past is a key first step towards healing and reconciliation. Several recent statements about public apology also urge that moral apologies are signif (...) icant because of the ways in which they acknowledge wrongdoing and responsibility. However, there seem to be few explanations of what, exactly, acknowledgement amounts to and why one would expect it to be an important stage in the healing of victims or in the reconciliation between victim and perpetrator groups. I suggest that ackno wledgement is a kind of spelling out, or articulation, of something that we already know or are in a position to know. When we acknowledge something we avow or accept it as something attached to ourselves. I distinguish between granted acknowledgement, received acknowledgement, and self-acknowledgement. Often acknowledgement is partial and compromised, a situation which may be confusing and harmful to those who have been wronged. I propose explanations as to why the acknowledgement that they are worth y human beings who were wronged and deserved better tends to be profoundly important to groups such as Blacks in South Africa and native peoples in Canada. I also address difficulties which we face when we are pressed to acknowledge injustice and wrongdo ing which we would rather not accept as part of our social history. (shrink)

ABSTRACTThis paper examines in detail the quality of the relationship the Catholic Church in its Sydney Archdiocese had with its lawyers in the John Ellis matter as revealed in the Royal Commission into Institutional Responses to Child Sexual Abuse inquiry. It identifies the particular moral perspective embedded in its lawyers' adversarial approach and asks whether a different approach involving explicit moral conversations might have better served the Church's avowed pastoral ethos.

This article situates the (human) body as a signifier for society at large, arguing that developments in many societies of structural and systematic violence that targets minorities such as refugees and first nation peoples, points to a failure of democratic values. Using two examples, we elaborate technology and digital devices as prosthesis of the body, that are also acting as proxy for state violence. The first example is from the carceral archipelago of Manus Island as a site of remote detention (...) of refugees carried out by the Australian government. Refugees held on Manus Island describe the treatment they experience as torture. The second example is drawn from the Australian mainland, telling the stories of First Nations children subjected to abuse and violence in juvenile detention centers. A judicial inquiry (Royal Commission) found that a systematic approach aimed at punishing children constituted torture. The concepts developed in this article are those of bordering and racialization, while the intertwining of human and “more than human life” helps to understand and challenge the necropolitical power evident in (liberal) capitalism. (shrink)

This paper discusses the role of the Australian Institute of Criminology in monitoring inmate deaths in custody on a national basis. It also provides a descriptive overview of Australian Indigenous and non-Indigenous inmate deaths in custody during the eighteen-year period between 1980 and 1998.In October 1987, the Royal Commission into Aboriginal Deaths in Custody commenced investigating the deaths of Australia's Indigenous people in custody throughout Australia between January 1, 1980 and May 31, 1989. RCIADIC's task was to examine (...) the circumstances of the deaths; the actions taken by authorities; and the underlying causes of Indigenous deaths in custody, including social, cultural, and legal factors. The investigation found that the major factor contributing to the high number of Indigenous deaths in custody was the disproportionately higher rates at which Indigenous people come into contact with the criminal justice system. RCIADIC concluded that the most significant reason for this contact was the severely disadvantaged social, economic, and cultural position of many Indigenous people. (shrink)

This paper discusses the role of the Australian Institute of Criminology in monitoring inmate deaths in custody on a national basis. It also provides a descriptive overview of Australian Indigenous and non-Indigenous inmate deaths in custody during the eighteen-year period between 1980 and 1998.In October 1987, the Royal Commission into Aboriginal Deaths in Custody commenced investigating the deaths of Australia's Indigenous people in custody throughout Australia between January 1, 1980 and May 31, 1989. RCIADIC's task was to examine (...) the circumstances of the deaths; the actions taken by authorities; and the underlying causes of Indigenous deaths in custody, including social, cultural, and legal factors. The investigation found that the major factor contributing to the high number of Indigenous deaths in custody was the disproportionately higher rates at which Indigenous people come into contact with the criminal justice system. RCIADIC concluded that the most significant reason for this contact was the severely disadvantaged social, economic, and cultural position of many Indigenous people. (shrink)

Originally published in 1900 As well as being a history of Abbotsholme School this volume also examines the general question of the English national education at the turn of the last century. The material includes: The foundation of Abbotsholme, 1889 Answers to the Royal Commission on "Secondary" education, 1894 British, French, and German press reports on the progress of the school Planned schools on Abbotsholme lines in England, Germany, France, Russia and Switzerland.

This year's volume of collected papers in the Current Legal Problems series provides in-depth analyses some important developments which have taken place in recent months. Public law has witnessed much activity both in the courts and in Parliament during the last twelve months and this is reflected in three essays which examine different aspects of human rights, equality, and the right to privacy. In the wake of the Royal Commission on Criminal Justice, two lengthy essays deal with evidence (...) in police investigations and the concept of due process and pre-trial criminal justice. (shrink)

This year's volume of collected papers in the Current Legal Problems series provides in-depth analyses some important developments which have taken place in recent months. Public law has witnessed much activity both in the courts and in Parliament during the last twelve months and this is reflected in three essays which examine different aspects of human rights, equality, and the right to privacy. In the wake of the Royal Commission on Criminal Justice, two lengthy essays deal with evidence (...) in police investigations and the concept of due process and pre-trial criminal justice. (shrink)

Recent events in Western Australia culminating in the Royal Commission into Commercial Activities of Government and Other Matters 1992, and the subsequent publication of the Report, highlighted the fact that the commercial activities of the State Government in Western Australia had been in disarray for some time. However, in spite of some early interest in the outcomes of the Report, the general reaction by the public was largely one of disinterest. This paper traces some of the events which (...) took place after the main hearings. A number of leading citizens felt that some action was warranted. In brief, a series of lectures on different apects of business ethics were planned and given to business students at Curtin Business School. This paper highlights some of the observations made during this series of lectures. (shrink)

Since Pope John Paul II's visit to Australia, in 1986, the face of the Australian Catholic Church has changed dramatically. The once celebrated 'comfortableness at calling themselves Catholics', has given way to shame and calamity caused by hundreds of moral and sexual misconduct cases. The Australian Royal Commission into Institutional Responses to Child Sexual Abuse not only challenges the church's governance. It also questions certain practical aspects of ecclesiology, for example, the priestly celibacy or the seal of confession (...) that might have contributed to and even aggravated the abuse of minors. (shrink)

What moral and spiritual resources do churches have to open space for transforming and making new relations with and among Aboriginal communities? What values best express justice and are cross-culturally appropriate? Who decides on the terms and how? When are moral agency and responsibility aptly configured within unevenly structured relations of power? With special attention to the United Church of Canada and to voices of Aboriginal and non-Aboriginal women, I explore elements of an ethical framework in dialogue with the (...) class='Hi'>Royal Commission on Aboriginal Peoples. The Commission suggests three roles that religious institutions can play: to foster awareness and understanding; to participate in public discussion; and to advocate at the local level in situations of conflict. On what grounds can each role be adequate in practice and what are some ingredients for ethical guidelines? I suggest what moral agenda and basis might confirm the claims of ecclesial potential. (shrink)

Recurrent scandals in business ethics demonstrate that work is, on occasion, unambiguously unethical. It is not clear, however, exactly how the concept of ‘meaningful work’ can be applied to such work, and whether, for example, work can be both unethical and meaningful. This article explores three different conceptualisations of meaningful work: where meaningful work is considered to be subjective, primarily subjective but with objective constraints or primarily objective (adopting Alasdair MacIntyre's neo-Aristotelian framework). These competing conceptualisations are examined in relation to (...) the ethical failures in the Australian financial advice industry. From 2009, a range of parliamentary inquiries, including a Royal Commission, documented significant ethical failures at both individual and institutional levels across the industry, which caused substantial hardship to tens of thousands of clients. Among the subsequent reforms was a drive towards the professionalisation of financial advice through enhanced educational standards, a code of ethics and the development of a professional identity. This case demonstrates the different ways in which the conceptualisations of meaningful work can be applied. However, Alasdair MacIntyre's scheme of practices, institutions, internal and external goods is presented as a preferred conceptualisation of the case, accommodating considerations of both ethics and meaningful work and contributing towards a theory of good work in general. (shrink)