Large companies must increasingly satisfy not only the conditions of their formal licences, but also the concerns and expectations of host communities and broader society. This has led to the emergence, particularly in the minerals industry, of the notion of “social licence”, an interdiscursive term whose meaning is rarely interrogated. We use textual analysis to critically investigate the construction of social licence discourse in minerals companies’ sustainable development reports and at a recent industry conference. We find that the texts mystify (...) the nature of agency, and privilege processes that maintain existing power relations. Through their partial accommodation of heterogeneous discourses, the texts downplay tensions and conflicts. We conclude that there is a need to reconceptualise the nature of company–stakeholder relationships through a more collaborative, dialogic and reflexive process, avoiding the binary state implied by the term licence. (shrink)

The past two decades have seen an outpouring of work in legal theory that is self-consciously critical of aspects of American law and the institutions of the liberal state. In this lively volume, eminent scholars in philosophy, law, and political science respond to this recent scholarship by exploring what constitutes a "radical" critique of the law, examining such theories as critical legal studies, feminist theory and theories of "difference," and critical race theory. The authors consider whether the critiques advanced in (...) recent legal theory can truly be called radical and what form a radical critique of American law should take. Writing at the cutting edge of the critique of critical legal theory, they offer insights first on critical legal scholarship, then on feminist political and legal theory. A third group of contributions questions the radicalness of these approaches in light of their failure to challenge fundamental aspects of liberalism, while a final section focuses on current issues of legal reform through critical views on criminal punishment, including observations on rape and hate speech. Each major essay describes the underlying principles in the development of a radical legal theory and addresses unresolved questions relating to it, while accompanying commentaries present conflicting views. The resulting dialogue explores wide-ranging issues like equity, value relativism, adversarial and empathic legal advocacy, communitarianism and the social contract, impartiality and contingency, "natural" law, and corrective justice. A common thread for many of the articles is a focus on the social dimension of society and law, which finds the individualism of prevailing liberal theories too limiting. Radical Critiques of the Law is particularly unique in presenting critical and feminist approaches in one volume-along with skeptical commentary about just how radical some critiques really are. Proposing alternative critiques that embody considerably greater promise of being truly radical, it offers provocative reading for both philosophers and legal scholars by showing that many claims to radicalism are highly problematic at best. (shrink)

My response to BøhlerUniversal recommendations for some weaning practices do make senseA Biocultural Investigation of the Weanling (Moffat, 2001), the second on the larger issue of biomedical approaches to maternal–child health education.

Is incivility in the U.S. increasing? Certainly, there is a widespread perception that it is. In this paper, I examine the extent of that perception in a variety of settings. Of necessity, almost all of the evidence is anecdotal in nature. Equally inconclusive is the analysis of that evidence, since it consists almost entirely of interpretations. However, the reader may become persuaded that incivility seems to be an indicator of deleterious social psychological effects. More specifically, I suggest that Emile Durkheim's (...) anomie theory provides insight into the relation between apparently superficial incivility and more deep-seated social pathologies, so that it becomes plausible to see incivility as a barometer of underlying societal decay. (shrink)

At the beginning of his essay on the phrases þing gehegan and seonoþ gehegan in Beowulf and Phoenix, Eric Stanley makes the following pessimistic statement about the fundamental uncertainties facing literary critics of Old English verse:After a century and a half of serious and informed Beowulf scholarship we have our orthodoxies of understanding and may even feel safe enough for literary criticism of points of detail requiring a familiarity with the overtones of the original which, I believe, we lack. The (...) study of the other long poems is less well developed, and the notes and commentaries on them are less full. Even so, for them too literary interpretations are advanced with hope of success, which would be courage if the exercise were dangerous. I wish to test the ice at two places; at one of them we have for a long time executed our more daring figurative skating, though I expect to find the ice thin; and the other place is similar to it, but less frequented.Stanley's argument has to do with our inability to perceive the stylistic nuances of such a distant time. The ice appears inviting but may not sustain us. In what follows I want to examine another area of fundamental uncertainty facing the modern critic of Old English verse: scribal performance. (shrink)

The mathematical formulation of the nonsymmetric gravitation theory (NGT) as a geometrical structure is developed in a higher-dimensional space. The reduction of the geometrical scheme to a dynamical theory of gravitation in four-dimensional space-time is investigated and the basic physical laws of the theory are reviewed in detail.

The local Lorentz and diffeomorphism symmetries of Einstein's gravitational theory are spontaneously broken by a Higgs mechanism by invoking a phase transition in the early universe, at a critical temperature Tc below which the symmetry is restored. The spontaneous breakdown of the vacuum state generates an external time, and the wave function of the universe satisfies a time-dependent Schrödinger equation, which reduces to the Wheeler-deWitt equation in the classical regime for T (...) The conservation of energy is spontaneously violated for T>Tc, and matter is created fractions of seconds after the big bang, generating the matter in the Universe. The time direction of the vacuum expectation value of the scalar Higgs field generates a time asymmetry, which defines the cosmological arrow of time and the direction of increasing entropy as the Lorentz symmetry is restored at low temperatures. (shrink)

BackgroundHIV prevention research in resource-limited countries is associated with a variety of ethical dilemmas. Key amongst these is the question of what constitutes an appropriate standard of health care (SoC) for participants in HIV prevention trials. This paper describes a community-focused approach to develop a locally-appropriate SoC in the context of a phase III vaginal microbicide trial in Mwanza City, northwest Tanzania.MethodsA mobile community-based sexual and reproductive health service for women working as informal food vendors or in traditional and modern (...) bars, restaurants, hotels and guesthouses has been established in 10 city wards. Wards were divided into geographical clusters and community representatives elected at cluster and ward level. A city-level Community Advisory Committee (CAC) with representatives from each ward has been established. Workshops and community meetings at ward and city-level have explored project-related concerns using tools adapted from participatory learning and action techniques e.g. chapati diagrams, pair-wise ranking. Secondary stakeholders representing local public-sector and non-governmental health and social care providers have formed a trial Stakeholders' Advisory Group (SAG), which includes two CAC representatives.ResultsKey recommendations from participatory community workshops, CAC and SAG meetings conducted in the first year of the trial relate to the quality and range of clinic services provided at study clinics as well as broader standard of care issues. Recommendations have included streamlining clinic services to reduce waiting times, expanding services to include the children and spouses of participants and providing care for common local conditions such as malaria. Participants, community representatives and stakeholders felt there was an ethical obligation to ensure effective access to antiretroviral drugs and to provide supportive community-based care for women identified as HIV positive during the trial. This obligation includes ensuring sustainable, post-trial access to these services. Post-trial access to an effective vaginal microbicide was also felt to be a moral imperative.ConclusionParticipatory methodologies enabled effective partnerships between researchers, participant representatives and community stakeholders to be developed and facilitated local dialogue and consensus on what constitutes a locally-appropriate standard of care in the context of a vaginal microbicide trial in this setting.Trial registrationCurrent Controlled Trials ISRCTN64716212. (shrink)

In his sermon to the directors of the London Missionary Society (LMS) in London in 1840, in ‘othering’ the Batswana (Africans), Moffat engages in biblical discourse. He uses biblical descriptions to ‘other’ them and the land they occupied. This article analyses the 1840 sermon by Moffat, and in it I will argue that through his sermon, Moffat engaged in biblical discourse and performed epistemic privilege in his exposition of the Batswana to his audience, namely the directors of (...) the LMS. At the same time, he used biblical texts and imagery to create in the mind of his listeners an image of heathenism and uncivility. In doing so, I argue that he further located the Batswana within the realm of the ‘damnés’. In the article, I apply two analytical lenses, namely decoloniality and critical race theory, as hermeneutical tools. Contribution: It is argued in this article that in doing so, Moffat further located the Batswana within the realm of the damnés. (shrink)

In the book The Stolen Bible: From Tool of Imperialism to African Icon (2016) the author provided a detailed analysis of Robert Moffat’s translation practice. In this article the author takes that analysis further, using the theoretical framework provided by Nathan Esala in this PhD thesis and forthcoming book, namely ‘translation as invasion’. Esala traces the colonial history of Africa-based translation practice, theorising the practice as ‘translation as invasion’. This article draws on Esala’s theorising in re-analysing Moffat’s translation (...) practice among the BaTlhaping. The article then goes on to argue for forms of decolonial ‘re-translation’, focussing on two forms of decolonial translation, Contextual Bible Study (CBS) as translation (as advocated by Esala) and Julius Nyerere’s use of indigenous Tanzanian poetics for translating the gospels. The article uses Michel Foucault’s notion of ‘heterotopic space’ and Sithembiso Zwane’s notions of ‘invigorated space’ and ‘invented space’ to theorise CBS and Nyerere’s poetics as forms of decolonial space for African-led re-translation, with potential implications for African community-based participatory development. Contribution: The article demonstrates how translation as a form of colonial invasion is practised by the missionary Robert Moffat, and how such forms of translation are being resisted through indigenous African reception of the Bible through re-translation practices. (shrink)

The authors explore the history of experiments in economics, provide examples of different types of experiments and show that the growing use of experimental methods is transforming economics into an empirical science.

Moffat, Sue Review of: Celebrating with children: Volume 1 resources, volume 2 readings, by Robert Borg, Gerard Kelly, Brian Lucas,, pp.302 + 188, $29.95, $24.95.

While there are numerous doubts, controversies and lack of consensus on alternative definitions of human death, it is argued that it is more ethical to allow people to choose either cessation of cardio-respiratory function or loss of entire brain function as the definition of death based on their own views. This paper presents the law of organ transplantation in Japan, which allows people to decide whether brain death can be used to determine their death in agreement with their family. Arguably, (...) Japan could become a unique example of individual choice in the definition of death if the law is revised to allow individuals choose definition of death independently of their family. It suggests that such an approach is one of the reasonable policy options a country can adopt for legislation on issues related to the definition of death. (shrink)

Ludwig Wittgenstein (1889-1951) was an extraordinarily original thinker, whose influence on twentieth-century thinking far outside the bounds of philosophy alone. In this engaging Introduction, A.C. Grayling makes Wittgenstein's thought accessible to the general reader by explaining the nature and impact of Wittgenstein's views. He describes both his early and later philosophy, the differences and connections between them, and gives a fresh assessment of Wittgenstein's continuing influence on contemporary thought.

Background: The magnitude of bullying and harassment among psychiatrists is reportedly high, yet no peer-review published studies addressing this issue could be found. Therefore, it was decided to conduct a pilot study to assess the degree of the problem, the types of bullying/harassment and to provide some insights into the situation.Methods and Principal Findings: Following multiple focus group meetings, a yes/no response type questionnaire was developed to assess the degree and type of bullying and harassment experienced by psychiatrists. Over a (...) 3-month period the questionnaire was administered to a random sample of 60 psychiatrists. 57 out of the 60 psychiatrists reported harassment and bullying. Frequencies of the following response variables are presented in descending order: rumours 40% ; defamation 20% ; passing remarks 20% ; false accusations 15% ; threats 13.3% ; verbal abuse 13.3% ; unjustified complaints 13.3% ; promotion blocked 13.3% ; humiliation 13% ; bad reference given 10% ; credentials questioned 8.3% ; physical attacks 5% ; termination 5% ; derogatory remarks 1.7% and 1.7% were subjected to personal work. As a result of being subjected to harassment, 66.7% of the psychiatrists did not take any action, whereas 33.3% confronted the person they believed responsible. Asked whether the bullying and harassment caused distress, 18.3% of the psychiatrists did not report any effect, 30% reported mild distress, 40% moderate distress and severe distress was reported by 11.7%.Conclusions: It was concluded that the magnitude of bullying and harassment among psychiatrists may be quite high, as evidenced by this pilot study. There is a need for extensive systematic studies on this subject and to establish strategies to prevent and address this issue at a national and regulatory level. (shrink)