Restraint as an intervention in the management of acute mental distress has a long history that predates the existence of psychiatry. However, it remains a source of controversy with an ongoing debate as to its role. This article critically explores what to date has seemingly been only implicit in the debate surrounding the role of restraint: how should the concept of validity be interpreted when applied to restraint as an intervention? The practice of restraint in mental health is critically examined (...) using two post-positivist constructions of validity, the pragmatic and the psychopolitical, by means of a critical examination of the literature. The current literature provides only weak support for the pragmatic validity of restraint as an intervention and no support to date for its psychopolitical validity. Judgements regarding the validity of any intervention that is coercive must include reference to the psychopolitical dimensions of both practice and policy. (shrink)

Practice wisdom is needed because the challenges people face in life, work and society are not simple and require more than knowledge, actions and decision making capabilities. In professional practice wisdom enhances people's capacity to succeed and evolve and to assist their clients in achieving positive, relevant and satisfying outcomes. Practice Wisdom: Values and Interpretations brings diverse views and interpretations to an exploration of what wisdom in professional practice means and can become: academically, practically and inspirationally. The authors reflect on (...) core dimensions of practice wisdom like ethics, mindfulness, moral virtue, particularisation and metacognition. The chapter authors tackle the trials that practice wisdom seekers encounter including the demand for resilience, perseverance, finding credibility and humility in practice wisdom, and linking wisdom into evidence for sound professional decision making. Readers are invited to consider what the place of practice wisdom encompasses in pursuing good practice outcomes amidst the turmoil and pressure of professional practice today. Do the imperatives of evidence-based practice and accountability leave enough space for wise practice or is wisdom seen by modern practice worlds as unnecessary, antiquated, unrealistic and redundant? Without a doubt these questions are answered positively in this book in support of the place and value of practice wisdom in professional practice today. (shrink)

In Elements of Legislation, Neil Duxbury examines the history of English law through the lens of legal philosophy in an effort to draw out the differences between judge-made and enacted law and to explain what courts do with the laws that legislatures enact. He presents a series of rigorously researched and carefully rehearsed arguments concerning the law-making functions of legislatures and courts, the concepts of legislative supremacy and judicial review, the nature of legislative intent and the core principles of (...) statutory interpretation. (shrink)

This unique study offers a comprehensive analysis of American jurisprudence from its emergence in the later stages of the nineteenth century through to the present day. The author argues that it is a mistake to view American jurisprudence as a collection of movements and schools which have emerged in opposition to each other. By offering a highly original analysis of legal formalism, legal realism, policy science, process jurisprudence, law and economics, and critical legal studies, he demonstrates that American jurisprudence has (...) evolved as a collection of themes which reflects broader American intellectual and cultural concerns. (shrink)

Chance inevitably plays a role in law but it is not often that we consciously try to import an element of randomness into a legal process. Random Justice: On Lotteries and Legal Decision-Making explores the potential for the use of lotteries in social, and particularly legal, decision-making contexts. Utilizing a variety of disciplines and materials, Neil Duxbury considers in detail the history, advantages, and drawbacks of deciding issues of social significance by lot and argues that the value of the (...) lottery as a legal decision-making device has generally been underestimated. The very fact that there exists widespread resistance to the use of lotteries for legal decision-making purposes betrays a commonly held belief that legal processes are generally more important than are legal outcomes. Where, owing to the existence of indeterminacy, the process of reasoning is likely to be excessively protracted and the reasons provided strongly contestable, the most cost-efficient and impartial decision-making strategy may well be recourse to lot. Aversion to this strategy, while generally understandable, is not necessarily rational. Yet in law, as Professor Duxbury demonstrates, reason is generally valued more highly than is rationality. The lottery is often conceived to be a decision-making device that operates in isolation. Yet lotteries can frequently and profitably be incorporated into other decision-frameworks. The book concludes by controversially considering how lotteries might be so incorporated and also advances the thesis that it may sometimes be sensible to require that adjudication takes place in the shadow of a lottery. (shrink)

This unique study offers a comprehensive analysis of American jurisprudence from its emergence in the later stages of the nineteenth century through to the present day. The author argues that it is a mistake to view American jurisprudence as a collection of movements and schools which have emerged in opposition to each other. By offering a highly original analysis of legal formalism, legal realism, policy science, process jurisprudence, law and economics, and critical legal studies, he demonstrates that American jurisprudence has (...) evolved as a collection of themes which reflect broader American intellectual and cultural concerns. (shrink)

This controversial book explores the potential for the use of lotteries in social, and particularly legal, decision-making contexts. Utilizing a variety of disciplines and materials, the author considers in detail the history, advantages, and drawbacks of deciding issues of social significance by lot and argues that the value of the lottery as a legal decision-making device has generally been underestimated. The final chapter of the book considers how lotteries might be combined with other decision-mechanisms and suggests that it may sometimes (...) be sensible to require that adjudication takes place in the shadow of the lottery. (shrink)

It is evident that disunity is a reality wherever we look in the world today. Even within the Body of Christ there is a lack of unity that is appalling. The universal church needs to develop a greater urgency about it and at the same time, do more about it than most are doing. If the universal church comes to a realization that genuine Christian unity is already ‘an established reality and can progressively be realized and brought into the actualities (...) of life’, perhaps then the universal church would strive harder to create and maintain a sustainable Christian unity making it a ‘lived reality’. As a Reformed family, we believe in the creative and redemptive activity of God, inaugurated in Jesus Christ but not yet completed. The Kingdom of God is a present reality, which will be expressed anew in all its fullness. This is our Christian hope, which is fundamental to our Christian faith and Christian faith is expectant faith. The universal Church therefore must offer the image of a people who are mature in faith and capable of finding a meeting-point beyond denominational barriers and not the image of a people divided and separated because of ecclesiastical differences. It is hoped that the Global Christian Forum will continue to reflect that image. (shrink)

This chapter contains sections titled: Modern Legal Theory and the Impact of Realism Policy Science Legal Process References.

This volume explores a central paradox in the evolution of psychoanalytic thought and practice and the ways in which they were used.

This article offers a critical reassessment of the jurisprudence of Rudolf von Jhering. During the 20th century, Anglo-American legal philosophers who drew inspiration from Jhering's work usually lauded him either as a German forerunner to American legal realism or as an early proponent of a jurisprudence of interests. These representations of his work do not do justice to Jhering's jurisprudential project. This study demonstrates that he sought to explain how legal systems originate and how they maintain authority. It is shown (...) that his explanation of legal authority depends not only upon familiar jurisprudential notions such as reciprocity and positional duty, but also upon the concept of Rechtsgefühl—namely, the idea that authority is conditioned by citizens’ feelings of what is right or just. Jhering, it is demonstrated, believed that the authority of a legal system depends very much on its ability to negotiate and accommodate struggles based upon feelings of right—struggles between citizens, between citizens and State, and between States. It is also argued that the manner in which Jhering relies on the idea of Rechtsgefühl undermines the received wisdom that he was an interest theorist. (shrink)

There are considerable difficulties with targeted sanctions. Some of these difficulties may be resolved as these measures continue to be refined. Others are rooted in fundamental conflicts between competing interests or intractable logistical challenges.

Frederick Pollock and the English Juristic Tradition provides the first detailed historical account of one of England's great jurists. Drawing upon a vast array of sources, Neil Duxbury examines Pollock's career, jurisprudence, philosophy of the common law, treatise writing, and editorial initiatives, and shows that Pollock's contribution to the development of English law and juristic inquiry is both complex and crucial.Readership: Scholars and students of legal history and legal thought, barristers, and judges.

Common-law judgments tend to be more than merely judgments, for judges often make pronouncements that they need not have made had they kept strictly to the task in hand. Why do they do this? The Intricacies of Dicta and Dissent examines two such types of pronouncement, obiter dicta and dissenting opinions, primarily as aspects of English case law. Neil Duxbury shows that both of these phenomena have complex histories, have been put to a variety of uses, and are not (...) amenable to being straightforwardly categorized as secondary sources of law. This innovative and unusual study casts new light on – and will prompt lawyers to pose fresh questions about – the common law tradition and the nature of judicial decision-making. (shrink)

This article examines the concepts of retrospective and retroactive—both forms of ex post facto—law. It shows that although the distinction between retrospective and prospective law is difficult to draw (given that laws generally alter rights), the classification of particular laws as retrospective is not arbitrary, since the proposition that only some legal rules interfere with “vested” rights is, while vague, not meaningless. Retroactive legislation is recognized to attract a long list of objections. The article seeks to identify and assess those (...) objections, and to provide a comprehensive account of the various possible (if invariably limited) justifications for retroactivity. The conclusion offers some brief reflections on why the complaint that a law operates ex post facto is less likely to be directed at a judicial decision than at a statute. (shrink)

Intracellular NLR (Nucleotide‐binding domain and Leucine‐rich Repeat‐containing) receptors are sensitive monitors that detect pathogen invasion of both plant and animal cells. NLRs confer recognition of diverse molecules associated with pathogen invasion. NLRs must exhibit strict intramolecular controls to avoid harmful ectopic activation in the absence of pathogens. Recent discoveries have elucidated the assembly and structure of oligomeric NLR signalling complexes in animals, and provided insights into how these complexes act as scaffolds for signal transduction. In plants, recent advances have provided (...) novel insights into signalling‐competent NLRs, and into the myriad strategies that diverse plant NLRs use to recognise pathogens. Here, we review recent insights into the NLR biology of both animals and plants. By assessing commonalities and differences between kingdoms, we are able to develop a more complete understanding of NLR function. (shrink)

It is hard to imagine a threat to international security or a tension within U.S. foreign policy that does not involve the imposition of economic sanctions. The United Nations Security Council has fourteen sanctions regimes currently in place, and all member states of the United Nations are obligated to participate in their enforcement. The United States has some thirty sanctions programs, which target a range of countries, companies, organizations, and individuals, and many of these are autonomous sanctions that are independent (...) of the measures required by the United Nations. Australia, Canada, the European Union, Japan, South Korea, and others also have autonomous sanctions regimes, spanning a broad range of contexts and purpose. Most well-known are those concerning weapons proliferation, terrorism, and human rights violations; but sanctions are also imposed in such contexts as money laundering, corruption, and drug trafficking. States may also impose sanctions as a means to achieve foreign policy goals: to pressure a foreign state to bend to the sanctioner's will, to punish those who represent a threat to the sanctioner's economic or political interests, or to seek the end of a political regime toward which the sanctioner is hostile, to give but a few examples. (shrink)

In order to investigate whether addressees can make immediate use of speaker‐based constraints during reference resolution, participant addressees' eye movements were monitored as they helped a confederate cook follow a recipe. Objects were located in the helper's area, which the cook could not reach, and the cook's area, which both could reach. Critical referring expressions matched one object (helper's area) or two objects (helper's and cook's areas), and were produced when the cook's hands were empty or full, which defined the (...) cook's reaching ability constraints. Helper's first and total fixations showed that they restricted their domain of interpretation to their own objects when the cook's hands were empty, and widened it to include the cook's objects only when the cook's hands were full. These results demonstrate that addressees can quickly take into account task‐relevant constraints to restrict their referential domain to referents that are plausible given the speaker's goals and constraints. (shrink)

Senior high school is known to be part of the newly implemented K-12 program in the Philippines' educational system. Hence, this program added two years to the academic learning program of students, which mainly focuses on different theoretical and vocational strands that aim to prepare and fully furnish the students for education and employment in the future. Due to adjustments to new online learning amidst the pandemic, students begin to experience various challenges, primarily social support and mental well-being. Hence, this (...) study investigates the relationship between social support and anxiety with 160 respondents from private schools. The findings revealed that social support and anxiety have a significant relationship (r=0.126). (shrink)

This paper provides a new interpretation of the three natures theory of Yogācāra-Vijñānavāda thought by means of an examination of the path theory associated with it, which has not been previously examined in scholarly literature. The paper first examines this path theory in a number of foundational texts to show that the widely accepted pivotal model is not in fact the three natures model that predominates in foundational Yogācāra-Vijñānavāda literature. Second, the paper offers a new interpretation of the three natures (...) theory as providing a new causal model of the arising of suffering, and a corresponding theory of its cessation. This new causal model both makes possible the continued use of the kind of dharma analysis that Abhidharma thought employs to provide a causal analysis of the arising of suffering, and also couches such dharma analysis within the Mahāyāna framework of the emptiness of dharmas. (shrink)

A multidisciplinary text for the health professions, with relevance across the various health disciplines. International scholars, researchers, and teachers contribute their ideas, research findings, and experiences to promote discussion on the nature and teaching of clinical reasoning. Models, guidelines, and strategies are presented. These aim to promote effective clinical reasoning in practice, creative and successful clinical reasoning learning programs, and directions for future research. Annotation copyright by Book News, Inc., Portland, OR.

Bell inequalities are usually derived by assuming locality and realism, and therefore violations of the Bell-CHSH inequality are usually taken to imply violations of either locality or realism, or both. But, after reviewing an oversight by Bell, in the Corollary below we derive the Bell-CHSH inequality by assuming only that Bob can measure along vectors b and b' simultaneously while Alice measures along either a or a', and likewise Alice can measure along vectors a and a' simultaneously while Bob measures (...) along either b or b', without assuming locality. The violations of the Bell-CHSH inequality therefore only mean impossibility of measuring along b and b' simultaneously. (shrink)

Economic sanctions are emerging as one of the major tools of international governance in the post-Cold War era. Gordon considers the issue of sanctions within three ethical frameworks: just war doctrine, deontological ethics, and utilitarianism.

We illustrate an explicit counterexample to Bell's theorem by constructing a pair of dichotomic variables that exactly reproduce the EPR-Bohm correlations in a manifestly local-realistic manner.

It is shown that Bell's theorem fails for the Clifford algebra valued local realistic variables. This is made evident by exactly reproducing quantum mechanical expectation value for the EPR-Bohm type spin correlations observable by means of a local, deterministic, Clifford algebra valued variable, without necessitating either remote contextuality or backward causation. Since Clifford product of multivector variables is non-commutative in general, the spin correlations derived within our locally causal model violate the CHSH inequality just as strongly as their quantum mechanical (...) counterparts. (shrink)

A local, deterministic, and realistic model within a Friedmann-Robertson-Walker spacetime with constant spatial curvature is presented which describes simultaneous measurements of the spins of two fermions emerging in a singlet state from the decay of a spinless boson. Exact agreement with the probabilistic predictions of quantum theory is achieved in the model without data rejection, remote contextuality, superdeterminism, or backward causation. An event-by-event numerical simulation of the model is presented, which confirms our analytical results with the accuracy of 4 in (...) 10,000 parts. (shrink)

Civics and Moral Educationwas implemented as a new moral education programme in Singapore schools in 1992. This paper argues that the underlying theme is that of citizenship training and that new measures are under way to strengthen the capacity of the school system to transmit national values for economic and political socialisation. The motives and motivation for retaining a formal moral education programme have remained strong. A discussion of the structure and content of key modules in Civics and Moral Education (...) shows how curriculum writers have attempted to integrate separate strands of civics and moral education from earlier programmes and present them in a less divisive manner. The paper also assesses the impact of the written civics and moral education programme on teachers and pupils, and the way in which strategies have been used by curriculum agencies to overcome possible obstacles at the curriculum implementation phase. (shrink)

I demonstrate that Bell's theorem is based on circular reasoning and thus a fundamentally flawed argument. It unjustifiably assumes the additivity of expectation values for dispersion-free states of contextual hidden variable theories for non-commuting observables involved in Bell-test experiments, which is tautologous to assuming the bounds of ±2 on the Bell-CHSH sum of expectation values. Its premises thus assume in a different guise the bounds of ±2 it sets out to prove. Once this oversight is ameliorated from Bell's argument by (...) identifying the impediment that leads to it and local realism is implemented correctly, the bounds on the Bell-CHSH sum of expectation values work out to be ±2√2 instead of ±2, thereby mitigating the conclusion of Bell's theorem. Consequently, what is ruled out by any of the Bell-test experiments is not local realism but the linear additivity of expectation values, which does not hold for non-commuting observables in any hidden variable theories to begin with. (shrink)

In this chapter, we identify and present predominant debates at the intersection of ethics and imagination. We begin by examining issues on whether our imagination can be constrained by ethical considerations, such as the moral evaluation of imagination, the potential for morality’s constraining our imaginative abilities, and the possibility of moral norms’ governing our imaginings. Then, we present accounts that posit imagination’s integral role in cultivating ethical lives, both through engagements with narrative artworks and in reality. Our final topic of (...) consideration focuses on the possibility of imagination constituting or constructing new ethical or political frameworks. (shrink)

We show that the respective oversights in the von Neumann's general theorem against all hidden variable theories and Bell's theorem against their local-realistic counterparts are homologous. When latter oversight is rectified, the bounds on the CHSH correlator work out to be ±2√2 instead of ±2.

An experiment is proposed to test Bell’s theorem in a purely macroscopic domain. If realized, it would determine whether Bell inequalities are satisfied for a manifestly local, classical system. It is stressed why the inequalities should not be presumed to hold for such a macroscopic system without actual experimental evidence. In particular, by providing a purely classical, topological explanation for the EPR-Bohm type spin correlations, it is demonstrated why Bell inequalities must be violated in the manifestly local, macroscopic domain, just (...) as strongly as they are in the microscopic domain. (shrink)

For three decades, Angela Y. Davis has written on liberation theory and democratic praxis. Challenging the foundations of mainstream discourse, her analyses of culture, gender, capital, and race have profoundly influenced democratic theory, antiracist feminism, critical studies and political struggles. Even for readers who primarily know her as a revolutionary of the late 1960s and early 1970s she has greatly expanded the scope and range of social philosophy and political theory. Expanding critical theory, contemporary progressive theorists - engaged in justice (...) struggles - will find their thought influenced by the liberation praxis of Angela Y. Davis. _The Angela Y. Davis Reader_ presents eighteen essays from her writings and interviews which have appeared in _If They Come in the Morning, Women, Race, and Class, Women, Culture, and Politics,_ and _Black Women and the Blues_ as well as articles published in women's, ethnic/black studies and communist journals, and cultural studies anthologies. In four parts - "Prisons, Repression, and Resistance", "Marxism, Anti-Racism, and Feminism", "Aesthetics and Culture", and recent interviews - Davis examines revolutionary politics and intellectualism. Davis's discourse chronicles progressive political movements and social philosophy. It is essential reading for anyone interested in contemporary political philosophy, critical race theory, social theory, ethnic studies, American studies, African American studies, cultural theory, feminist philosophy, gender studies. (shrink)

The question of observability of sign changes under 2pi rotations is considered. It is shown that in certain circumstances there are observable consequences of such sign changes in classical physics. A macroscopic experiment is proposed which could in principle detect the 4pi periodicity of rotations.

Literary racial impersonation occurs when a narrative work fails to express the perspective of a minority ethnic or racial group. Interestingly, even when these works express moral themes congenial to promoting empathetic responses towards these groups, they can be met with public outrage if the group’s perspective is portrayed inaccurately. My goal in this paper is to vindicate the intuition that failure to express the perspective of a minority group well renders the work defective, both aesthetically and morally. I argue (...) that available frameworks exploring the connections between aesthetic and moral realms of value are inadequate to analyzing this phenomenon and propose a novel connection between aesthetic and moral values. Specifically, I demonstrate that the primary defect of literary racial impersonation is aesthetic and contingently constitutes a moral defect in our current social context. (shrink)