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)

There is more to law than rules, robes and precedents. Rather, law is an integral part of social practices and policies, as diverse and complex as society itself. Thinking About Law offers a comprehensive introduction to the ways in which law has been presented and represented. It explores historical, sociological, economic and philosophical perspectives on the major legal and political debates in Australia today. The contributors examine the position of Aborigines in the Australian legal system and the impact of the (...) Mabo case; divisions of power in Australian society and law; the question of objectivity in law; the relationship between legislation and social change; judicial decision-making and other issues. Accessibly written, Thinking About Law is essential reading for students and anyone interested in understanding our legal system. (shrink)

We used Discursive Psychology to study the claims and arguments which occur when ‘the child’s best interests’ is produced as a resource in family mediation settings. Analysis draws on data from three pairs of separated or separating parents attempting to resolve child contact or residency disputes through mediation. Our analysis focuses on the tendency of claims to the abstract notion of the child’s best interests to exacerbate conflict, especially as parents drew on conflicting research in this area. Changing expectations of (...) fathering could be observed in the men’s argumentative positioning, and this was taken up in different ways by ex-partners and by mediators. Participants aligned themselves with mediators’ statements by picking up details of mediators’ language, hampering mediators’ attempted neutrality. The problematic nature of acknowledging the intensity of emotions in this process was also highlighted. (shrink)

The papers in the following section arose from a roundtable discussion organised by the AHRC Research Centre for Law, Gender and Sexuality, titled ‘Law, Gender and Sexuality: The Making of a Field’. Participants in the roundtable were asked to reflect on the challenges confronting law, gender and sexuality (LGS) as an area of research and scholarship, and to ask what benefits, possibilities, risks and dangers accompany the establishment of a research terrain. The papers address such questions as ‘what is a (...) field and how is it made?’; ‘has LGS attained the status of a field?’; ‘what does it mean to locate oneself within the field of LGS?’; and ‘what is the relationship between feminism and LGS?’. They also consider possible future directions for the field of LGS. Together, the papers provide a variety of differing, and sometimes conflicting, perspectives on the developing body of intellectual and political activity that might be labelled ‘law, gender and sexuality’. (shrink)

This article examines the phenomenon of women barristers' denials of the existence of discrimination against women at the Bar, against a backdrop of widespread evidence of sex discrimination and gender bias in this branch of the legal profession. Using interview transcripts from a research study of the status of women at one of the independent Bars in Australia, the article analyses the various stories told by senior women barristers to the interviewers about their gender and experiences at the Bar. It (...) argues that structural and psychological explanations of denials of discrimination are inadequate to account for the range and public nature of the stories told by these women. Rather, the evidence suggests that the women's interview responses were part of the active constitution of themselves as (non/gendered) subjects of the Bar. (shrink)

Developing original accounts of the many aspects of belief, On Believing puts the believer at the heart of the story. Developing a novel account of the normativity of belief, Hunter argues that the ethics of belief concern how a believer ought to be positioned in a world of possibilities.

This paper argues that it is possible to knowingly believe something while judging that one ought not to believe it and (so) viewing the belief as manifesting a sort of failure. I offer examples showing that such ‘alienated belief’ has several potential sources. I contrast alienated belief with self-deception, incontinent (or akratic) belief and half-belief. I argue that the possibility of alienated belief is compatible with the so-called ‘transparency’ of first-person reflection on belief, and that the descriptive and expressive difficulties (...) it involves stem from well-understood sources. I conclude by speculating that endorsed belief is in important respects like intentional action. Reflection on the possibility of alienated belief may thus help us to see one respect in which an agent can be responsible for her attitudes. (shrink)

In this essay, I draw out some implications of a position called “Wittgensteinian Quasi-Fideism” for the theory and practice of interreligious communication. After setting out the main tenets of that position, I articulate what its theoretical and practical implications in this area would be if it were true. I thereby sketch a new, Wittgensteinian model of interreligious communication, concluding with a number of suggestions as to some points of focus for further work in this area.

"Künstlerische Selbstverletzung - seit den 1960er Jahren international fester Bestandteil der Performance Art - polarisiert, verstört und wirft vor allem Fragen nach Handlungsmotivationen auf. Rosemarie Brucher deutet dieses radikale Phänomen als Bewältigungsversuch bedrohter Autonomie und damit in erster Linie als Ermächtigungsstrategie. In dieser Ambivalenz aus Subjektermächtigung und Naturunterwerfung lässt sich künstlerische Selbstverletzung vor dem Hintergrund von Immanuel Kants Ästhetik des Erhabenen lesen, was die Autorin exemplarisch an VALIE EXPORT und Stelarc darlegt. Eine solche Bezugsetzung eröffnet nicht nur einen innovativen Zugang (...) zu dieser Kunstform, sondern wirft zugleich auch ein neues Licht auf Kants Erhabenheitskonzeption"--Back cover. (shrink)

This enlightening text analyses the origins of Western complaints, prevalent in the late nineteenth century, that Japan was characterised at the time by exceptionally low standards of ‘commercial morality’, despite a major political and economic transformation. As Britain industrialised during the nineteenth century the issue of ‘commercial morality’ was increasingly debated. Concerns about standards of business ethics extended to other industrialising economies, such as the United States. Hunter examines the Japanese response to the charges levelled against Japan in this (...) context, arguing that this was shaped by a pragmatic recognition that Japan had little choice but to adapt itself to Western expectations if it was to establish its position in the global economy. The controversy and criticisms, which were at least in part stimulated by fear of Japanese competition, are important in the history of thinking on business ethics, and are of relevance for today’s industrialising economies as they attempt to establish themselves in international markets. (shrink)

This paper examines what can be learnt from analysing attempts to give lay people more involvement in the administration of state schools. Although devolving more responsibility to schools and lay governors has been an important feature of school reform in several countries, it is not immediately apparent if this shift is the product of globally similar social and political forces or nationally specific cultural, ideological and economic factors. In considering this issue, the paper describes recent changes in school governance in (...) England, New Zealand, USA, Scotland and Catalunya, Spain. It is argued that some of these changes can best be characterised as attempts to increase the democratic participation of citizens in the running of schools. Other changes, however, seem rather to represent on attempt to bring the culture of business to schools and reduce the power of professional educators over education. (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)

ExcerptCarl Schmitt (1888–1985) is known as the most consequential German legal and political mind of the twentieth century.1 Many crimes of the Nazi regime found support in his conceptual justifications, and Schmitt is called the “Crown Jurist” of the Third Reich with good reason. Historians, political scientists, and sociologists must grapple with the author in order to understand the course of totalitarianism in modernity. Whether literary historians should do so is far less settled, though he was fascinated by their object (...) of study. His writings on literary topics are said to reveal much about Schmitt’s person, politics, and period, but little about literature itself.2 This explains why his “Don Quijote und das Publikum” (“Don Quixote and the Public”), published in the arts and cultural journal Die Rheinlande in 1912, was almost unknown in literary studies for a century.3 Schmitt’s text on the novel by Miguel de Cervantes has not been reprinted, and until recently it had not been translated from the original German. Size has a role too. At under two thousand words, the text has probably escaped notice due to its small scale.4 Recent English and Italian translations in major humanistic journals may signal the end of its obscurity though.5 “Don Quixote and the Public” is at the door of literary studies. The question now is not whether to respond, but how. (shrink)

Beginning with the familiar -- The difference between families and political communities -- States of nature and social contracts -- Order, but not order alone -- On freedom (and liberty) -- Justice -- A brief attempt at describing good politics -- Focus on the Christian contribution -- Concluding thoughts.

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 is a précis of David Hunter’s On Believing: being right in a world of possibilities, which is the topic of an author-meets-critics symposium with comments by Daniel Drucker, Miriam Schleifer McCormick, and Mark Richard.

The purpose of this study was to determine the development of moral judgement in first-year and senior baccalaureate nursing students. These students were enrolled in three separate nursing programmes, each of which differed significantly in ethical content. The sample totalled 180 students enrolled in three New England programmes. Programme A included an ethics course taught by a professor of ethics. Programme B integrated ethical issues into all nursing theory courses. Programme C did not include ethical content in theory courses. The (...) design was of a developmental cross-sectional study. The dependent variable was the development of moral judgement, as measured by Rest’s Defining Issues Test. The independent variable was the amount of ethics taught in the nursing programmes and the level of academic education. The senior nursing students from programme A scored significantly higher than the other senior groups on the Defining Issues Test. The conclusion is that an ethics course with group participation and a decision-making element significantly facilitated nursing students’ development of moral judgement. (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.

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)