Administrative justice receives varying emphasis in different jurisdictions. This article explores empirical legal studies, which fall on either side of the decision making-and-review dividing line. It then seeks to link research on the impact of dispute resolution and on-going administrative practices. The article also highlights limitations in existing impact research, focusing on the tendency to examine single dispute resolution mechanisms in isolation from others. Furthermore it suggests some future directions for empirical administrative justice research. It also explores the potential of (...) legal consciousness research for empirical administrative justice scholarship, and suggests new territories for administrative justice researchers: criminal justice processes and administrative activities of private agencies. It concludes by presenting an argument that a mapping of administrative justice institutions, both historically and cross-jurisdictionally, can reveal much about how relationships between citizens and administrative agencies may shift across time and space. (shrink)

Contemporary discussions of the relationship between negligence liability and the provision of services by both public and private organizations frequently suggest the emergence of a ‘compensation culture’. Despite empirical evidence that compensation culture claims are somewhat inflated, an anxiety persists that risks of tortious liability may still undermine the implementation of public policy. Concerns about the potential negative effects of liability on public administration frame the problem in various ways. First, there is an anxiety that public authorities may overreact to (...) liability risks by becoming excessively risk averse. Secondly, there is a fear that compensation claiming will divert financial resources away from service delivery and towards the payment of insurance premiums and compensation awards. Thirdly, there is the fear that insurance companies will, as ‘risk bullies’, curtail public service activities. And, finally, there is the suggestion that risk management, including legal risk management, is becoming the dominant mode of government decision-making to the exclusion of professional judgement. This article addresses these concerns through a set of empirical case studies about the management of liability risks associated with road maintenance services. Although our findings suggest that public authorities respond to liability risks in a variety of ways, we found only limited evidence of the above concerns. In general terms, it was a case of public authorities being risk aware and responsive as opposed to risk averse. (shrink)

_John Dewey and Continental Philosophy_ provides a rich sampling of exchanges that could have taken place long ago between the traditions of American pragmatism and continental philosophy had the lines of communication been more open between Dewey and his European contemporaries. Since they were not, Paul Fairfield and thirteen of his colleagues seek to remedy the situation by bringing the philosophy of Dewey into conversation with several currents in continental philosophical thought, from post-Kantian idealism and the work of Friedrich Nietzsche (...) to twentieth-century phenomenology, hermeneutics, and poststructuralism. This unique volume includes discussions comparing and contrasting Dewey with the German philosophers G. W. F. Hegel, Friedrich Nietzsche, Martin Heidegger, and Hans-Georg Gadamer on such topics as phenomenology, naturalism, organicism, contextualism, and poetry. Others investigate a series of connections between Dewey and contemporary French philosophy, including the notions of subjectivity, education, and the critique of modernity in Michel Foucault; language and politics in Jacques Derrida; and the concept of experience in Gilles Deleuze. Also discussed is the question of whether we can identify traces of _Bildung_ in Dewey’s writings on education, and pragmatism’s complex relation to twentieth-century phenomenology and hermeneutics, including the problematic question of whether Heidegger was a pragmatist in any meaningful sense. Presented in intriguing pairings, these thirteen essays offer different approaches to the material that will leave readers with much to deliberate. _ John Dewey and Continental Philosophy_ demonstrates some of the many connections and opportunities for cross-traditional thinking that have long existed between Dewey and continental thought, but have been under-explored. The intersection presented here between Dewey’s pragmatism and the European traditions makes a significant contribution to continental and American philosophy and will spur new and important developments in the American philosophical debate. (shrink)

Educational leadership has a rich history of epistemological debate. From the ‘Theory Movement’_ _of the 1950-1960s, through to Greenfield’s critique of logical empiricism in the 1970s, the emergence of Bates’ and Foster’s Critical Theory of educational administration in the 1980s, and Evers’ and Lakomski’s naturalistic coherentism from1990 to the present time, debates about ways of knowing, doing, and being in the social world have been central to advancing scholarship. However, since the publication of Evers’ and Lakomski’s work, questions of the (...) epistemological preliminaries of research have become somewhat marginalised. This is not to suggest that such discussions are not taking place, but rather that they have been sporadic and piecemeal. In _New Directions in Educational Leadership Theory_, the contributors sketch possible alternatives for advancing scholarship in educational leadership. The coherence of this volume comes not from the adoption of a single theoretical lens, but rather from its engagement with epistemology, ontology, and methodology. The choice of the plural ‘alternatives’ is deliberate, and its use is to evoke the message that there is more than one way to advance knowledge. The approaches adopted across this collection offer fruitful directions for the field and hopefully will stimulate substantive dialogue and debate in the interest of advancing knowledge. This book was originally published as a special issue of _Educational Philosophy and Theory. _. (shrink)

Religion and the Rebel, Colin Wilson's second volume from his internationally acclaimed Outsider Cycle, is a casebook about and for rebels. With inspirational wisdom and engaging clarity, Wilson shows us that the purpose of religion, of our personal relationship with the sacred and the all-pervading mystery of existence, is to expand our consciousness and intensify our sense of life. Wilson heroically claims that the power to create meaning resides in our mental and spiritual discipline. Examining the lives and works (...) of Nietzsche, Kierkegaard, Rilke, Shaw, Pascal, Swedenborg, Rimbaud and Scott Fitzgerald, among others, Wilson explores the main existential questions and shows how these remarkable writers, scientists, philosophers and poets faced their need for transcendence. Like many of us, they were driven by a need to become more than men. Religion and the Rebel is an outstanding and enjoyable book that combines philosophical analysis, historical interest, and religious insight. (shrink)

The proceedings of the Seventh Theoretical Roman Archaeology Conference at the University of Nottinghamin April 1997. Contents: Material culture abd the question of social continuity in Roman Britain ( M. Grahame ); Motivation and ideologies of Romanization ( R. Haussler ); The Romanization of Italy: global accluaturation or cultural bricolage? ( N. Terrenato ); Social change and architectural diversity in Roman period Britain ( S. Clarke ); Reflections in the archaeological record of social developements of Lepcis Magna, Tripolitania ( F. (...) Condron ); Theoretical influences on two reports of Romano-British land division ( J. W. M. Peterson ); Phenoemological perspectives on roads in the landscape ( P. Rush ); The ancient monument in Romano-British ritual practices ( C. Forcey ); The sequence of ritual in cremation burials of the Roman period ( J. Pearce ); Burial and gender in alte and sub-Roman Britain ( D. Petts ); Brooches and identity in 1st century AD Britain ( S. Jundi and J. D. Hill ); A persional view of archaeology and equal opportunities' ( E. Scott ); Clavus annalis, defixiones and minski ( D. Dungworth ); Pottery and paradigms in the early western empire ( J. W. J. Hawthorne ). (shrink)

Whereas epistemological debates raged in educational administration during the Theory Movement, or inspired by intervention from Thom Greenfield, Richard Bates or Colin Evers and Gabriele Lakomski, epistemology and the quest for the scientific study of educational administration has somewhat diminished in the era of managerialism and the pursuit of research that has a direct impact on practice. Theoretically informed by the work of the French sociologist Pierre Bourdieu, I seek to re-engage with the epistemological preliminaries of scholarship in educational (...) leadership, management and administration. In doing so, I argue that administration is central to our way of seeing the social world and raise questions about the embedded and embodied nature of the educational administration scholar and what this means for scholarship. A social ‘scientific’ approach to educational administration, as advocated for in this article, must break free of the ambition of grounding in reason, the arbitrary division of the social world and instead, take for its object, rather than getting itself caught up in, the struggle for the monopoly of the legitimate representation of the social world. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 389 From the perspective of this reviewer, the presently most obvious fault in this lecture lies in Putnam's criticisms of "the coherence theorists, Ludwig, et al." (p. 97). In this criticism, it is apparently assumed that the adequacy of their proposed solution to the problem considered must be judged solely on the basis of what is presently known. Since Putnam himself acknowledges that no satisfactory interpretation of (...) quantum mechanics exists, this seems unwarranted. The superficiality of the criticism of this position makes this particularly notable. He states, for example, "to say that a wave gives an incomplete description of the state of a system is to say that systems whose state can be described by that wave function may really be in several quite different physical conditions." He then adopts the doubtful strategy of appealing to the meaning of completeness and incompleteness (they are not a matter of degree) in justification of the position that it is improper to say that a wave gives an incomplete descriptionl Despite the fact that, taken as a whole, his brief criticism of the coherence theory is somewhat ungracious. Putnam has set forth the principle issues sur~ rounding the problem with discerning lucidity. Paul K. Feyerabend, in "Problems of Empiricism," places a revisionist's version of empiricism in a carefully developed historical perspective. Empiricism as it has been known is both incomplete and weakened by undesirable assumptions. The incompleteness is to be removed by regarding empiricism as a cosmological hypothesis concerning the relation between man and the universe. The version of empiricism thus admitted has the character of a scientific theory. The undesirable assumptions are views no longer tenable of the nature and content of what is given in sense. Feyerbend understands sensations and perceptions as indicators on a par with indications of physical instruments, and likewise in need of interpretation. A philosophical method is proposed which requires theoretical pluralism instead of the theoretical monism that is (inappropriately) the ideal of much of contemporary empiricism (p. 149). The function of theoretical alternatives is to provide the means of criticizing accepted theory, to which he accords careful historical treatment. "Low level theories" are to guide us to crucial experiments, while "high level theories" are to represent the basic element of the universe. Here again the reader will find a theme which emerges erpeatedly in these lectures. This theme might be stated as follows. Both macrocosmic and microcosmic systems must ultimately be involved in scientific explanation. The crucial problem that emerges is how these two are to be related or in some degree integrated. By the way in which he develops the role of alternative theories, Feyerabend has affirmed one of the principle theoretical components of what Hegel was minded to call metaphysics. An additional observation, for which what I have said should furnish some justification: Many points made throughout this exposition (115 pp. in length) might properly be regarded as together constituting a rapprochement of empiricism and rationalism. It may very well occur to the thoughtful reader that Feyerabend, in his reconstruction of empiricism, has come very near to conceding all that a critical rationalist could ask. Other lectures included in the book are, "The Thermodynamics of Purpose," by David Hawkins, "The Physics of the Large," by Philip Morrison, and "The Ethical Dimension of Scientific Research," by Nicholas Rescher. In the last-mentioned lecture, Professor Rescher points up some generally little understood ethical problems confronted by the scientist in the practice of his profession. DARREL E. CICIRISTENSEN Wo]lord College BOOK NOTES Colin Cherry, On Human Communications: A Review, a Survey, and a Criticism. Cambridge: The M.I.T. Press, 1966. Pp. xiv + 337. (This is an unabridged and unaltered edition of the work first published by the M.I.T. Press in 1957.) $10.00. "In preparation of the current volume, I have examined the original carefully and have decided not to withdraw from anything said there, but merely to add some comments, to up- 390 HISTORY OF PHILOSOPHY date some figures, and to extend the bibliography.... Since detailed reference is impossible, I have decided to restrict the new Bibliography to useful sources of reference, a few of the more significant... (shrink)

This paper attempts a critical examination of the thesis that an apprenticeship to a Lancaster druggist was, for Edward Frankland, a wholly inappropriate preparation for a career in chemistry. This view, which stems directly from Frankland himself, is defective in several ways. It fails to take into account certain benefits which he accepted as valuable; it implies an exceptional degree of ‘negligence’ which was in fact quite typical; it ignores certain positive indicators of the value of such experience; and it (...) involves questionable value-judgments on the behaviour of one individual, the druggist Stephen Ross. Although Frankland's perspective may be no longer acceptable, the reasons for its inadequacy are perhaps the most important aspect of the whole affair. Their identification raises questions of historiography of wider significance, while the whole episode underlines certain issues in scientific training that were to become crucial in the growth of Victorian chemistry in Britain. (shrink)

The inner ache: an experiential perspective on IonelinessThis paper examines the various theoretical approaches that have informed both the conceptualizations and the research approaches to investigations of loneliness. A focus on phenomenological and existential perspectives of loneliness can assist in an understanding of what is essentially a subjective distressing experience. The elderly, particularly those residing in nursing homes, are vulnerable to feelings of existential loneliness because following busy lives, often they are left without meaningful roles. Concomitant to this sense of (...) loss of meaning is an alteration in the perception of lived time. It is the purpose of this paper to stimulate research into what is a common but profoundly distressing experience. (shrink)

A novel problem or task may seem difficult at first, but with enough practice, it can become easy and routine. Practice and the process of learning is often accompanied by some mild cognitive uneas...

Academics and practitioners: nurses as intellectuals In the author's experience, nurse educators working in universities generally accept that they are ‘academics’, but dismiss suggestions that they are ‘intellectuals’ because they see it as a pretentious description referring to a small number of academics and aesthetes who inhabit a conceptual world beyond the imaginative capacity of most other people. This paper suggests that the concept of the ‘intellectual’, if not the word itself, be admitted into nursing discourse through the adoption of (...) a non‐élitist Gramscian understanding, similar to the more recently formulated conception of the reflective practitioner. According to the Italian Marxist scholar Antonio Gramsci, intellectuals are those people who develop ways in which to construct the conditions of their own existence, a possibility he believed was open to all. It is suggested that, from a Gramscian perspective, all nurses are intellectuals to varying degrees, and nurse educators should not only be nurturing their own intellectualism but also the potential for intellectualism as it exists within each individual. The ways in which this project are related to Habermasian critical theory are also briefly outlined. (shrink)

Postdisciplinarity in mental health‐care: an Australian viewpointThis paper outlines some of the powerful forces progressively undermining the conceptual and practical foundations upon which the major disciplines have been established, and dissolving the boundaries which have traditionally distinguished them from each other, particularly those disciplines involved in the healthcare enterprise. It discusses some of the implications of these processes for mental health nursing, and champions a new cadre of ‘postdisciplinary’ staff, comprising a graduate generic mental healthcare worker and a postgraduate clinical (...) specialist. It is argued that such a specialist — a ‘Generic Mental Health Worker’— should be welcomed by all those who want to see improved quality of care in mental health services rather than defend a failing system. (shrink)

This brief position paper is stimulated from the continued need to define and redefine the area of transpersonal psychology. Understandably, being able to articulate what ‘transpersonal psychology’ is enables discussions within the wider academic and public community, yet all existing definitions are complex, conveying a number of inherent meanings in their definition, which in turn, can cloud others’ perceptions on the area.

Current focus in the health care ethics literature on the character of the practitioner has a reputable pedigree. Rather than offer a staple diet of Aristotelian ethics in the undergraduate curricula, perhaps instead one should follow Murdoch's suggestion and help the practitioner to develop vision and moral imagination, because this has a practical rather than a theoretical aim. The imaginative capacity of the practitioner plays an important part in both the quality of the nurse's role enactment and the moral strategies (...) which the nurse uses. It also plays a central part in the practitioner's ability to communicate with a patient and in the type of person which the practitioner becomes. Can the moral imagination be stimulated and nurtured? Some philosophers and literary critics argue that not only is this possible, but that literature is the means of doing so. If this is the case then a place should be made for literature in already crowded health care curricula. (shrink)

Human beings have a tendency to transform geographical spaces into dwelling places which assume significance in terms of their social, cultural and personal identities. The authors describe the ways in which this occurs, how it is disrupted by a natural disaster - an Australian bushfire - and how the reciprocal relationship between place and person can contribute to personal and communal healing. The discussion draws on a doctoral thesis conducted by the principal author, and is illuminated by excerpts from narratives (...) provided by those who experienced the bushfire. The discussion is informed by insights from phenomenological geography and ecological philosophy. (shrink)

The popular view of non-directive genetic counseling limits the counselor's role to providing information to clients and assisting families in making decisions in a morally neutral fashion. This view of non-directive genetic counseling is shown to be incomplete. A fuller understanding of what it means to respect autonomy shows that merely respecting client choices does not exhaust the duty. Moreover, the genetic counselor/client relationship should also be governed by the counselor's commitment to the principle of beneficience. When non-directive counseling is (...) reexamined in light of both these principles, it becomes clear that there are cases in which counselors should attempt to persuade clients to reconsider their decisions. Such attempts are consistent with non-directive counseling because, while respecting the clients' decision-making authority, they insure that clients act with full knowledge of the moral consequences of their decisions. (shrink)

In the coming decades, highly treated wastewater, known as reclaimed water, is slated to be a major element of municipal water supplies. In particular, planners propose supplementing drinking water with reclaimed water as a sustainable solution to the growing challenge of urban water scarcity. Public opposition is currently considered the primary barrier to implementing successful potable water reuse projects; nonetheless, public responses to reclaimed water are not well understood. Based on a survey of over 250 residents of Tucson, Arizona, this (...) article assesses the relationship between trust in the professional institutions responsible for municipal water development and willingness to drink reclaimed water. Results demonstrate that public acceptance of potable reuse is contingent on trust in the authorities who influence design of sociotechnical systems for water supply and reuse—including water and wastewater utilities, regulators, consultants, academics, and elected local officials. Findings emphasize the highly interdependent social and political factors that inform personal decisions to support or reject potable reuse. The authors suggest that achieving greater acceptance of potable reuse will require bringing local and regional water policy in line with public values, as well as finding ways to incorporate these values into the planning process. (shrink)

Economistic Business Ethics Denial (BED) is the belief that contemporary business has features that make it systematically incompatible with ethics. Using over 1200 participants across seven separate samples we established the substantive validity of a BED Scale, confirmed its theorized structure, psychometric properties, convergent, and discriminant validity. The results suggest that the scale assesses four correlated factors of economistic BED. The scale can be used in future research on ethical decision making in business, and business ethics education.

Using touch as a medium for exploring the ways in which it is constructed by nurses, the body is here characterized by a plethora of competing and co‐existing terms: disobedient, obedient, mirroring, stigmatized, sinful, post‐mortem, sanitized, angelic, desexualized, dangerous, dominant, dominating, deceitful, submissive, disciplined, postmodern and communicative. We have tried to be provocative by juxtaposing contradictory messages and evoking conflicting emotions, and we hope that the reader will not assume that we believe everything we write, or that everything may be (...) taken only at face value. There are as many messages and meanings in the paper as each reader thinks there are. (shrink)

This chapter contains sections titled: Allotment Associations The Allotment Site New Relationships: Councillors and Gardeners Conclusions Notes.

Justice will once take the place which the Magians are keeping now, for it is they who lord it over the world.