Kavanagh, Aengus Review(s) of: Our fathers: What Australian Catholic priests really think about their lives and their Church, Chris McGillion and John Carroll, Mulgrave: John Garratt Publishing, 2011, pp.200, $29.95.

Unknowing is at the center of spiritual life. It is only by creating a space in which anything can happen that we allow God to speak; only by stepping back that we allow space for that unpredictable Spirit that brings us gifts beyond any of our imaginings.

In recent case-law under the Human Rights Act 1998, the senior judiciary have reiterated the view that their task under section 3(1) of the Act is one of ‘interpretation rather than legislation’. This article has two main aims. The first is to provide a general, theoretical analysis of the extent to which it is possible (if at all) to distinguish between interpretation and legislation. The second is to examine the judicial understanding of this distinction, as revealed through judgments in the (...) HRA case-law. (shrink)

This essay gives more detailed content to the widespread view that the Human Rights Act 1998 (HRA) has changed the traditional role of parliamentary intention in statutory interpretation. It begins by outlining the various ways in which legislative intent has featured in traditional (pre-HRA) statutory interpretation. This is followed by an examination of the interpretive principles developed by the senior judiciary under the HRA case-law, focusing on the extent to which they seem to depart from traditional principles. It is argued (...) that although the traditional role of parliamentary intention is partly preserved post-HRA, the interpretive obligation under s 3(1) HRA nonetheless shifts the interpretive focus away from what Parliament originally intended in enacting the legislation under HRA scrutiny, towards fulfilling the overriding goal of achieving compatibility with Convention rights. The final sections of the essay attempt to provide an account of what is involved in this shift. (shrink)

Is it possible to justify requiring that I respond adequately to the other’s vulnerability? I contend that insofar as I value my own personal identity it is consistent to respond adequately to the vulnerability of the other. Part one provides a break down of vulnerability in terms of its fundamental indeterminacy. Part two illustrates how the ability to respond either adequately or inadequately to the other’s vulnerability is implied by the fundamental co-constitution of personal identity. I understand myself as a (...) self only insofar as I stand in relation to other selves that see me as a self. If the relationship between recognition and identity also holds for the other, my response to her vulnerability founds her identity as well. In part three the relationship developed in part two is employed to justify the obligation to respond adequately to the vulnerable other. If I value my own personal identity, then I require an adequate response from others, because that response plays an integral role in the foundation of my personal identity. The other cannot respond adequately to my vulnerability unless her own identity is assured. Only if I respond adequately to the vulnerability of the other will she be in a position to assure my identity. Therefore, I ought to respond adequately to the vulnerability of others if for no other reason than it puts the other in a position where she can assure the personal identity that I value. (shrink)

This paper explores the relation between philosophy and politics in Being and Time (1927) starting from Heidegger’s suggestion that we can understand some of the linguistic and conceptual difficulties in his investigation by comparing Thucydides’ narrative prose with two texts by Plato and Aristotle. Far from simply signalling Heidegger’s proximity to Plato and Aristotle and an apolitical disdain for human affairs, carrying out and contextualizing this exercise within his interpretations of ancient philosophy shows the difficulties lie in formulating an ontology (...) of historical, political existence. I then argue that Heidegger’s reference in Plato’s Sophist (1924-5) to a political speech in Thucydides elucidates the kind of existentiell situations underlying his understanding of authentic historicality. Situating this reference within Heidegger’s discussions of the possibilities of political speech reveals marked similarities to both phenomena thematized existentially in Being and Time and the most violent expressions of his völkisch politics in the 1930s. (shrink)

Introduction : playing with play -- Child's play : childhood and "the lack" in organizational discourse -- Playful representations of work -- Dance as play and work : images of organization in Irish dance -- Talk and silence : playing with silence as an organizational resource -- Playing the fool : the university as fool -- Play and madness in the market -- Playing business : gambling and "casino capitalism".

The elaborated intrusion (EI) theory of desire (Kavanagh, Andrade, & May, 2005) attributes the motivational force of cravings to cognitive elaboration, including imagery, of apparently spontaneous thoughts that intrude into awareness. We report a questionnaire study in which respondents rated a craving for food or drink. Questionnaire items derived from EI theory formed a single factor alongside factors for anticipated reward/relief, resistance, and opportunity. In a multiple regression predicting strength of craving, the first three factors accounted for 36% of (...) the variance. Opportunity did not enter the model. In a second study, the difference between individuals' strong and weak cravings to take part in a sporting activity was shown to be related to visual, auditory, and general imagery, and to anticipated reward or relief from engaging in the activity. Implications for treatment of craving-related disorders are discussed in the light of these results and of other research indicating that interference with imagery can reduce the strength of craving. (shrink)

Thomas Sheehan’s attack on my book Heidegger, l’introduction du nazisme dans la philosophie, addressed neither the book’s topic nor its arguments. He instead highlighted a few isolated details in a sophistic and biased fashion. Moreover, his exposition was interspersed with ad personam insults not typically found in philosophical or scientific discussions. Although I had hitherto resolved not to respond to personal attacks, I owe it to the memory of Johannes Fritsche, who was also attacked by Sheehan, to take my turn (...) to speak and to thereby pay intellectual tribute to Professor Fritsche. The article returns to the interpretation of Being and Time and analyzes the meaning and connotations of Heidegger’s use of the German term Bodenlosigkeit. The key methodological issue concerns the need to study the semantic, historical, and political context of concepts instead of hiding these issues by reducing everything to a battle between dogmatic positions. (shrink)

Thomas Sheehan’s attack on my book Heidegger, l’introduction du nazisme dans la philosophie, addressed neither the book’s topic nor its arguments. He instead highlighted a few isolated details in a sophistic and biased fashion. Moreover, his exposition was interspersed with ad personam insults not typically found in philosophical or scientific discussions. Although I had hitherto resolved not to respond to personal attacks, I owe it to the memory of Johannes Fritsche, who was also attacked by Sheehan, to take my turn (...) to speak and to thereby pay intellectual tribute to Professor Fritsche. The article returns to the interpretation of Being and Time and analyzes the meaning and connotations of Heidegger’s use of the German term Bodenlosigkeit. The key methodological issue concerns the need to study the semantic, historical, and political context of concepts instead of hiding these issues by reducing everything to a battle between dogmatic positions. (shrink)

Palliative care seeks to improve the quality of life for patients suffering from the impact of life‐limiting illnesses. Palliative care encompasses but is more than end‐of‐life care, which is defined as care during the final hours/days/weeks of life. Although palliative care policies increasingly require all healthcare professionals to have at least basic or non‐specialist skills in palliative care, international evidence suggests there are difficulties in realising such policies. This study reports on an action research project aimed at developing respiratory nursing (...) practice to address the palliative care needs of patients with advanced chronic obstructive pulmonary disease (COPD). The findings suggest that interlevel dynamics at individual, team, interdepartmental and organisational levels are an important factor in the capacity of respiratory nurses to embed non‐specialist palliative care in their practice. At best, current efforts to embed palliative care in everyday practice may improve end‐of‐life care in the final hours/days/weeks of life. However, embedding palliative care in everyday practice requires a more fundamental shift in the organisation of care. (shrink)

For more than forty years Jacques Derrida unsettled and challenged the presumptions underlying our most fundamental philosophical, political, and ethical conventions. In The Philosophy of Derrida, Mark Dooley and Liam Kavanagh provide a succinct overview of his core philosophical ideas and a balanced appraisal of their lasting impact. The authors' analysis of Derrida's writings, especially the objectives of deconstruction, make his work clearly accessible. Dooley and Kavanagh also situate Derrida within historicist, hermeneutic, and linguistic thought. From his early (...) work on Husserl, Hegel, and de Saussure to his final writings on justice, hospitality, and cosmopolitanism, Derrida is shown to have been grappling with the question of national, cultural, and personal identity and the notion of whether a "pure" identity has any real efficacy. Rather than an iconoclast for whom deconstruction equalled destruction, the Derrida that emerges in this study sheds light on our historical constructions to reveal that there is much about ourselves that we do not know. (shrink)

For more than forty years Jacques Derrida has attempted to unsettle and disturb the presumptions underlying many of our most fundamental philosophical, political, and ethical conventions. In The Philosophy of Derrida, Mark Dooley examines Derrida's large body of work to provide an overview of his core philosophical ideas and a balanced appraisal of their lasting impact. One of the author's primary aims is to make accessible Derrida's writings by discussing them in a vernacular that renders them less opaque and nebulous. (...) Derrida's unusual writing style, which mixes literary and philosophical vocabularies, is shown to have hindered their interpretation and translation. Dooley situates Derrida squarely in the tradition of historicist, hermeneutic and linguistic thought, and Derrida's objectives and those of "deconstruction" are rendered considerably more convincing. While Derrida's works are ostensibly diverse, Dooley reveals an underlying cohesion to his writings. From his early work on Husserl, Hegel and de Saussure, to his most recent writings on justice, hospitality and cosmopolitanism, Derrida is shown to have been grappling with the vexed question of national, cultural and personal identity and asking to what extent the notion of a "pure" identity has any real efficacy. Viewed from this perspective Derrida appears less as a wanton iconoclast, for whom deconstruction equals destruction, but as a sincere and sensitive writer who encourages us to shed light on out historical constructions so as to reveal that there is much about ourselves that we do not know. (shrink)

Competition law is rooted in economic theory, and economics provides many of the standard tools often applied in competition investigations. As a result, a strong foundation in economics is an invaluable asset for practitioners in this area of law. This is the new edition of the popular and well-regarded practitioner guide to the economic principles of competition law. Written in accessible language for non-technical readers, it covers first economic principles by applying them directly to competition cases. It covers all major (...) topics in competition law where economics is relevant: the core themes of market definition, market power and dominance, mergers, and anti-competition practice, as well as less familiar but important areas such as state aid, remedy design and damages. Topics are introduced by posing compelling questions based on real cases from around the world. The new edition has been updated to include important recent developments in competition law, and new economic approaches. (shrink)

A deontological approach to surgical ethics advocates that patients have the right to receive the best care that can be provided. The ‘learning curve’ in surgical skill is an observable and measurable phenomenon. Surgical training may therefore carry risk to patients. This can occur directly, through inadvertent harm, or indirectly through theatre inefficiency and associated costs. Trainee surgeon operating, however, is necessary from a utilitarian perspective, with potential risk balanced by the greater societal need to train future independent surgeons.New technology (...) means that the surgical learning curve could take place, at least in part, outside of the operating theatre. Simulation-based deliberate practice could be used to obtain a predetermined level of proficiency in a safe environment, followed by simulation-based assessment of operative competence. Such an approach would require an overhaul of the current training paradigm and significant investment in simulator technology. This may increasingly be viewed as necessary in light of well-discussed pressures on surgical trainees and trainers.This article discusses the obligations to trainees, trainers and training bodies raised by simulation technology, and outlines the current arguments both against and in favour of a simulation-based training-to-proficiency model in surgery. The significant changes to the current training paradigm that would be required to implement such a model are also discussed. (shrink)

Under the Human Rights Act, British courts are for the first time empowered to review primary legislation for compliance with a codified set of fundamental rights. In this book, Aileen Kavanagh argues that the HRA gives judges strong powers of constitutional review, similar to those exercised by the courts under an entrenched Bill of Rights. The aim of the book is to subject the leading case-law under the HRA to critical scrutiny, whilst remaining sensitive to the deeper constitutional, political (...) and theoretical questions which underpin it. Such questions include the idea of judicial deference, the constitutional status of the HRA, the principle of parliamentary sovereignty and the constitutional division of labour between Parliament and the courts. The book closes with a sustained defence of the legitimacy of constitutional review in a democracy, thus providing a powerful rejoinder to those who are sceptical about judicial power under the HRA. (shrink)

Relocation or closing of manufacturing plants is an unavoidable element of our economic system which causes hardship to employees and communities. this article argues that, in making a decision to close or relocate, companies have moral obligations to: (1) take into account the impact on employees and the community; (2) avoid the move if possible; (3) notify affected parties as soon as possible; and (4) take positive measures to ameliorate effects of the move.

A growing body of evidence suggests that two distinct forms of group alignment are possible: identification and fusion (the former asserts that group and personal identity are distinct, while the latter asserts group and personal identities are functionally equivalent and mutually reinforcing). Among highly fused individuals, group identity taps directly into personal agency and so any attack on the group is perceived as a personal attack and motivates a willingness to fight and possibly even die as a defensive response. As (...) such, identity fusion is relevant in explaining violent extremism, including suicidal terrorist attacks. Identity fusion is theorized to arise as a result from the sharing of personally transformative experiences with other group members, however evidence for this relationship remains limited to date. Here, we present a pre-registered study in which we examine the role of transformativeness and perceived sharedness of group-defining events in generating identity fusion. We find that both of these factors are predictive of identity fusion but that the relationship with transformativeness was more consistent than perceived sharedness across analyses in a sample of Indonesian Muslims. (shrink)

_Arguing about Law_ introduces philosophy of law in an accessible and engaging way. The reader covers a wide range of topics, from general jurisprudence, law, the state and the individual, to topics in normative legal theory, as well as the theoretical foundations of public and private law. In addition to including many classics, _Arguing About Law_ also includes both non-traditional selections and discussion of timely topical issues like the legal dimension of the war on terror. The editors provide lucid introductions (...) to each section in which they give an overview of the debate and outline the arguments of the papers, helping the student get to grips with both the classic and core arguments and emerging debates in: the nature of law legality and morality the rule of law the duty to obey the law legal enforcement of sexual morality the nature of rights rights in an age of terror constitutional theory tort theory. _Arguing About Law_ is an inventive and stimulating reader for students new to philosophy of law, legal theory and jurisprudence. (shrink)

The recent widespread transformation in the conjugal rights of Lesbian, Gay, Bisexual and Transgender (LGBT) people across much of the globe may seem to suggest that, at long last, the history of heterosexism has reached its terminus. In Ireland, the Equal Marriage Referendum in May 2015 offered the opportunity for the citizens of the Republic to extend the same rights, permissions, and privileges to same-sex couples that married heterosexual couples freely enjoy. The passing of that referendum and the extension of (...) these rights to same-sex couples denotes a move beyond societal tolera6tion toward societal acceptance, yet it remains to be seen whether or not the affordance of conjugal rights to LGBT people will necessarily mean that all queer subjects will be given the same acceptance.This article examines equal marriage and its potential engendering of binary divisions between queer subjects who adhere to the logic of cultural heteronormativity and those who transgress its structuring forces. It aims to historicise the discourse that surrounds gay marriage by tracing these debates back to the Enlightenment's production of the companionate marriage. The works of Edmund Burke, his aesthetic writings and political speeches, provide the textual basis for an examination of 'normative desire' in the eighteenth century. The article contends that assessing the eighteenth century's regime of heteronormativity will allow us to see the provisional nature of our own heterosexist cultural formations. (shrink)

The art and the artist according to Collingwood.

The Aristotelian categories are a fundamental element in Eriugena’s philosophical system on account of his realist view of dialectic. He received his texts concerning the categories from Boethius and the De decem catagoriis, but key ideas in his treatment of them—namely, the metaphysical importance of dialectic, the unknowability of essence, and the origin of being in place and time, ideas fundamentally rooted in Byzantine developments of the Christology of Chalcedon—are taken from Maximus the Confessor. Eriugena’s work on the categories represents (...) an attempt, much misunderstood, to assimilate the richness of the Eastern tradition to Western philosophical and theological method. This paper examines the synthesis of Maximus’s ideas with Ciceronian and Boethian elements in Eriugena’s striking treatment of the Aristotelian Categories. (shrink)