At first sight it may seem as if Imagination can easily be characterized as a continuous process of having images; but this is very soon found to be inadequate and misleading. On the one hand we have a great number of good witnesses who insist that in their best imaginative work they have made use of no images, or of very few; and on the other, everybody makes distinction between flights of fancy, for example, which certainly involve successions of images, (...) and true imagination. Perhaps a better method of approach is found when we examine how the material dealt with in the imaginative process is built together. In the flight of fancy image follows image, and the transition from one to the next seems to be determined by something in the nature of each individual step of the whole chain, or by each individual act of imaging. Thus the train as a whole is very apt, to the outsider, to appear jerky, ill-connected. (shrink)

This article examines the personal values and private motivations of legal practitioners who engage in the provision of legal services pro bono publico. It analyses the results of a 2014 empirical study of lawyers in Queensland, Australia, who regularly undertake pro bono work. The findings suggest strong moral and professional motivations for engaging in pro bono legal practice, as well as a distinct ‘community of practice’ of large law firms in forming and sharing sophisticated structures and approaches to addressing social (...) justice needs. However, the study also revealed a range of potential drawbacks arising from the dominance of the large law firm sector in this field. In addition, respondents from small firms and sole practitioners indicated the many ways in which they are excluded from the pro bono community. The article draws on US scholarship which urges us to think about the ‘content and impact’ of pro bono work to achieve real outcomes and to address the widening gap in provision of legal assistance created by decreasing government funding. We conclude that a particular sensitivity to the context of practice is needed in our conception of pro bono practice. (shrink)

This article considers the common social act of apologising in the context of professional discipline of lawyers in Australia. It is argued that other social contexts in which an apology occurs, and the meanings generated, inform its use within this legal context. It is from the social meaning that apologies can be used as a legitimate way to gain insights into a person's ethical state of mind in disciplinary hearings. However, there are a range of difficulties, both practical and theoretical, (...) posed in importing a social symbol into a legal context. The article considers issues concerning the process of discipline, the dangers of the act becoming purely instrumental and interpretive difficulties. Finally, the nature of the entry controls applying to lawyers - the 'character test' - is itself contestable. The article argues that, despite this constraint, apologies provide a useful evidential tool to gauge a lawyer's ethical awareness without relying on assumptions about fixed personality traits. Finally, the article argues for a greater emphasis on alternative sanctioning options, such as those which require the lawyer to demonstrate his or her remorse or fulfil a promise over time. It then turns to the question of whether an (ordered) apology should be one of the available sanctions. (shrink)

We live in times of 'apology mania', says Lee Taft, or at least 'national conversation' about the role and meaning of apologies. Roy Brooks talks of an 'age of apology'. Some 10 years after these pronouncements, little has changed. Apologies are ubiquitous and debated in the public and political domain. And they continue to be used and imported into legal jurisdictions. For instance, legislation removes civil liability for saying 'sorry' in certain contexts and may reward apologies in mitigation of sentence.

Perhaps it is unfortunate that, no matter what problems a psychological investigator elects to attempt to discuss, he is almost always confronted by a number of different and often conflicting points of view. The twisting paths revealed by these may one day be found to unite into a broad road, but most of them have as yet been insufficiently explored. Certainly problems in the psychology of temporal perception seem to lie in many different directions, according to the ways in which (...) they are approached. It would be possible, for instance, to take the mass of experimental work, always patient, sometimes brilliant, which has had a fairly continuous history since Czermak, in 1857, building upon Weber's researches into space perception, planned and began to carry out a programme for an investigation of the estimation of short time intervals. (shrink)

However, as in other disciplines, academic recognition can in turn entrench static and powerful meta-theories and narratives about professional ethos and ...