Results for 'Lucinda Ann Vandervort'

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  1. 'Reasonable Steps': Amending Section 273.2 to Reflect the Jurisprudence.Lucinda Ann Vandervort - 2019 - Criminal Law Quarterly 66 (4):376-387.
    This piece proposes amendments to section 273.2 of the Canadian Criminal Code. Section 273.2, enacted in 1992 and revised in 2018, specifies circumstances in which belief in consent is not a defence to sexual assault. The amendments proposed here are designed to ensure that the wording of this statutory provision properly reflects the significant jurisprudential developments related to mens rea and the communication of voluntary agreement (i.e., affirmative sexual consent) achieved by Canadian judges since the original enactment of section 273.2 (...)
     
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  2. The Function of Wertfűhlen in Scheler's Theory of Value.Lucinda Ann Vandervort Brettler - 1970 - Dissertation, Mcgill University
    This thesis (110 pages) was submitted in March 1970 in partial fulfillment of the requirements for the degree of Master of Arts. The work was supervised by Professor Raymond Klibansky, McGill University.
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  3. The Prejudicial Effects of 'Reasonable Steps' in Analysis of Mens Rea and Sexual Consent: Two Solutions.Lucinda Vandervort - 2018 - Alberta Law Review 55 (4):933-970.
    This article examines the operation of “reasonable steps” as a statutory standard for analysis of the availability of the defence of belief in consent in sexual assault cases and concludes that application of section 273.2(b) of the Criminal Code, as presently worded, often undermines the legal validity and correctness of decisions about whether the accused acted with mens rea, a guilty, blameworthy state of mind. When the conduct of an accused who is alleged to have made a mistake about whether (...)
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  4. Empirical Uncertainty and Legal Decision-making.Lucinda Vandervort - 1985 - In Eugenio Bulygin, Jean Louis Gardies & Ilkka Nilniluoto (eds.), MAN, LAW AND MODERN FORMS OF LIFE, vol. 1 Law and Philosophy Library, pp. 251-261. D. Reidel.
    In this paper I argue that the rationality of law and legal decision making would be enhanced by a systematic attempt to recognize and respond to the implications of empirical uncertainty for policy making and decision making. Admission of uncertainty about the accuracy of facts and the validity of assumptions relied on to make inferences of fact is commonly avoided in law because it raises the spectre of paralysis of the capacity to decide issues authoritatively. The roots of this short-sighted (...)
     
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  5. Mistake of Law and Sexual Assault: Consent and Mens rea.Lucinda Vandervort - 1987-1988 - Canadian Journal of Women and the Law 2 (2):233-309.
    In this ground-breaking article submitted for publication in mid-1986, Lucinda Vandervort creates a radically new and comprehensive theory of sexual consent as the unequivocal affirmative communication of voluntary agreement. She argues that consent is a social act of communication with normative effects. To consent is to waive a personal legal right to bodily integrity and relieve another person of a correlative legal duty. If the criminal law is to protect the individual’s right of sexual self-determination and physical autonomy, (...)
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  6. Flaming Misogyny or Blindly Zealous Enforcement? The Bizarre Case of R v George.Lucinda Vandervort - 2019 - Manitoba Law Journal 42 (3):1-38.
    This article examines the distinction between judicial reasoning flawed by errors on questions of law, properly addressed on appeal, and errors that constitute judicial misconduct and are grounds for removal from the bench. Examples analysed are from the transcripts and reasons for decision in R v George SKQB (2015), appealed to the Saskatchewan Court of Appeal (2016) and the Supreme Court of Canada (2017), and from the sentencing decision rendered by the same judge more than a decade earlier in R (...)
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  7. Honest Beliefs, Credible Lies, and Culpable Awareness: Rhetoric, Inequality, and Mens Rea in Sexual Assault.Lucinda Vandervort - 2004 - Osgoode Hall Law Journal 42 (4):625-660.
    The exculpatory rhetorical power of the term “honest belief” continues to invite reliance on the bare credibility of belief in consent to determine culpability in sexual assault. In law, however, only a comprehensive analysis of mens rea, including an examination of the material facts and circumstances of which the accused was aware, demonstrates whether a “belief” in consent was or was not reckless or wilfully blind. An accused's “honest belief” routinely begs this question, leading to a truncated analysis of criminal (...)
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  8. Social justice in the modern regulatory state: Duress, necessity and the consensual model in law.Lucinda Vandervort - 1987 - Law and Philosophy 6 (2):205 - 225.
    This paper examines the role of the consensual model in law and argues that if substantive justice is to be the goal of law, the use of individual choice as a legal criterion for distributive and retributive purposes must be curtailed and made subject to substantive considerations. Substantive justice arguably requires that human rights to life, well-being, and the commodities essential to life and well-being, be given priority whenever a societal decision is made. If substantive justice is a collective societal (...)
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  9. 'Too Young to Sell Me Sex!?' Mens Rea, Mistake of Fact, Reckless Exploitation, and the Underage Sex Worker.Lucinda Vandervort - 2012 - Criminal Law Quarterly 58 (3/4):355-378.
    In 1987, apprehension that “unreasonable mistakes of fact” might negative mens rea in sexual assault cases led the Canadian Parliament to enact “reasonable steps” requirements for mistakes of fact with respect to the age of complainants. The role and operation of the “reasonable steps” provisions in ss. 150.1(4) and (5) and, to a lesser extent, s. 273.2 of the Criminal Code, must be reassessed. Mistakes of fact are now largely addressed at common law by jurisprudence that has re-invigorated judicial awareness (...)
     
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  10. Mistake of Law and Obstruction of Justice: A 'Bad Excuse' ... Even for a Lawyer!Lucinda Vandervort - 2001 - University of New Brunswick Law Journal 50: 171-186.
    In Regina v. Murray, (2000, Ont S.Ct.J.) the learned trial judge, Justice Gravely, errs in his interpretation and application of the law of mens rea in the offense of willfully attempting to obstruct justice under section 139(2) of the Criminal Code of Canada. In view of his findings of fact and law, including the determination that the accused knowingly and intentionally committed the actus reus of the offense and the absence of any suggestion that he lacked awareness of any relevant (...)
     
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  11. Access to Justice and the Public Interest in the Administration of Justice.Lucinda Vandervort - 2012 - University of New Brunswick Law Journal 63:124-144.
    The public interest in the administration of justice requires access to justice for all. But access to justice must be “meaningful” access. Meaningful access requires procedures, processes, and institutional structures that facilitate communication among participants and decision-makers and ensure that judges and other decision-makers have the resources they need to render fully informed and sound decisions. Working from that premise, which is based on a reconceptualization of the objectives and methods of the justice process, the author proposes numerous specific changes (...)
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  12. Enforcing the Sexual Laws: An Agenda for Action.Lucinda Vandervort - 1985 - Resources for Feminist Research 3 (4):44-45.
    Resources for Feminist Research, Vol. 3, No. 4, pp. 44-45, 1985 In this brief article, written in 1984 and published the following year, Lucinda Vandervort sets out a comprehensive agenda for enforcement of sexual assault laws in Canada. Those familiar with her subsequent writing are aware that the legal implications of the distinction between the “social” and “legal” definitions of sexual assault, identified here as crucial for interpretation and implementation of the law of sexual assault, are analyzed at (...)
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  13. Sexual Assault: Availability of the Defence of Belief in Consent.Lucinda Vandervort - 2005 - Canadian Bar Review 84 (1):89-105.
    Despite amendments to the sexual assault provisions in the Criminal Code, decisions about the availability and operation of the defence of belief in consent remain vulnerable to the influence of legally extraneous considerations. The author proposes an approach designed to limit the influence of such considerations.
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  14. The Defence of Belief in Consent: Guidelines and Jury Instructions for Application of Criminal Code Section 265(4).Lucinda Vandervort - 2005 - Criminal Law Quarterly 50 (4):441-452.
    The availability of the defence of belief in consent under section 265(4) is a question of law, subject to review on appeal. The statutory provision is based on the common law rule that applies to all defences. Consideration of the defence when it is unavailable in law and failure to consider it when it is available are both incorrect. A judge is most likely to avoid error when ruling on availability of the defence if the ruling: (1) is grounded on (...)
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  15. Reproductive choice: Screening Policy and Access to the Means of Reproduction.Lucinda Vandervort - 2006 - Human Rights Quarterly 28 (2):438-464.
    The practice of screening potential users of reproductive services is of profound social and political significance. Access screening is inconsistent with the principles of equality and self-determination, and violates individual and group human rights. Communities that strive to function in accord with those principles should not permit access screening, even screening that purports to be a benign exercise of professional discretion. Because reproductive choice is controversial, regulation by law may be required in most jurisdictions to provide effective protection for reproductive (...)
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  16. Affirmative Sexual Consent in Canadian Law, Jurisprudence, and Legal Theory.Lucinda Vandervort - 2012 - Columbia Journal of Gender and Law 23 (2):395-442.
    This article examines the development of affirmative sexual consent in Canadian jurisprudence and legal theory and its adoption in Canadian law. Affirmative sexual consent requirements were explicitly proposed in Canadian legal literature in 1986, codified in the 1992 Criminal Code amendments, and recognized as an essential element of the common law and statutory definitions of sexual consent by the Supreme Court of Canada in a series of cases decided since 1994. Although sexual violence and non-enforcement of sexual assault laws are (...)
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  17. Implied Consent and Sexual Assault: Intimate Relationships, Autonomy, and Voice by Michael Plaxton. [REVIEW]Lucinda Vandervort - 2016 - Canadian Journal of Women and the Law 28:697-702.
    This is a review and critical commentary on Michael Plaxton's 2015 book, Implied Consent and Sexual Assault, in which he proposes that the legal definition of sexual consent be amended to permit sexual partners to define the terms and conditions of sexual consent in accordance with private "normative commitments" between themselves. The proposed "reform" is intended to permit an individual to agree to be a party to sexual activity that would otherwise constitute sexual assault under Canadian law. For reasons explained (...)
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  18. Consent and the Criminal Law.Lucinda Vandervort - 1990 - Osgoode Hall Law Journal 28 (2):485-500.
    The author examines two proposals to expand legal recognition of individual control over physical integrity. Protections for individual autonomy are discussed in relation to the right to die, euthanasia, medical treatment, and consensual and assaultive sexual behaviours. The author argues that at present, the legal doctrine of consent protects only those individual preferences which are seen to be congruent with dominant societal values; social preferences and convenience override all other individual choices. Under these conditions, more freedom to waive rights of (...)
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  19. Sexual Consent as Voluntary Agreement: Tales of “Seduction” or Questions of Law?Lucinda Vandervort - 2013 - New Criminal Law Review 16 (1):143-201.
    This article proposes a rigorous method to “map” the law on to the facts in the legal analysis of “sexual consent” using a series of mandatory questions of law designed to eliminate the legal errors often made by decision-makers who routinely rely on personal beliefs about and attitudes towards “normal sexual behavior” in screening and deciding cases. In Canada, sexual consent is affirmative consent, the communication by words or conduct of “voluntary agreement” to a specific sexual activity, with a specific (...)
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  20. Legal Subversion of the Criminal Justice Process? Judicial, Prosecutorial and Police Discretion in Edmondson, Kindrat and Brown.Lucinda Vandervort - 2012 - In Elizabeth Sheehy (ed.), Chapter 6, SEXUAL ASSAULT IN CANADA: LAW, LEGAL PRACTICE & WOMEN'S ACTIVISM, pp. 113-153. University of Ottawa Press. pp. 111-150.
    In 2001, three non-Aboriginal men in their twenties were charged with the sexual assault of a twelve year old Aboriginal girl in rural Saskatchewan. Legal proceedings lasted almost seven years and included two preliminary hearings, two jury trials, two retrials with juries, and appeals to the provincial appeal court and the Supreme Court of Canada. One accused was convicted. The case raises questions about the administration of justice in sexual assault cases in Saskatchewan. Based on observation and analysis of the (...)
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  21. HIV, Fraud, Non-Disclosure, Consent and a Stark Choice: Mabior or Sexual Autonomy?Lucinda Vandervort - 2013 - Criminal Law Quarterly 60 (2):301-320.
    The reasons for judgment by the Supreme Court of Canada on the appeal in Mabior (2012 SCC 47) fail to address or resolve a number of significant questions. The reasons acknowledge the fundamental role of sexual consent in protecting sexual autonomy, equality, and human dignity, but do not use the law of consent as a tool to assist the Court in crafting a fresh approach to the issue on appeal. Instead the Court adopts the same general approach to analysis of (...)
     
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  22. Political Control of Independent Administrative Agencies.Lucinda Vandervort - 1979 - Ottawa, ON, Canada: Law Reform Commission of Canada, 190 pages.
    This work examines the development and performance of federal independent regulatory bodies in Canada in the period up to 1979, with particular attention to the operation of legislative schemes that include executive review and appeal powers. The author assesses the impact of the exercise of these powers on the administrative law process, and proposes new models for the generation, interpretation, implementation, review, and enforcement of regulatory policy. The study includes a series of representative case studies based on documentation and extensive (...)
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  23.  16
    Phenomenology and the Social Sciences. 2 vols. Edited by Maurice Natanson. Evanston: Northwestern University Press. 1973. Pp. xvi, 464; x, 602. $25.00. [REVIEW]Lucinda Vandervort Brettler - 1975 - Dialogue 14 (4):714-718.
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  24.  23
    Occupational therapy in emergency departments: Australian practice.Anne Cusick, Lucinda Johnson & Michelle Bissett - 2009 - Journal of Evaluation in Clinical Practice 15 (2):257-265.
  25. Analyzing Oppression.Ann E. Cudd - 2006 - New York, US: Oup Usa.
    Analyzing Oppression asks: why is oppression often sustained over many generations? The book explains how oppression coercively co-opts the oppressed to join their own oppression and argues that all persons have a moral responsibility to resist it. It finally explores the possibility of freedom in a world actively opposing oppression.
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  26.  29
    Philosophy against Empire.Harry van der Linden & Tony Smith (eds.) - 2006 - Charlottesville, Virginia: Philosophy Documentation Center.
    The theme of the 6th biennial Radical Philosophy Association Conference, held at Howard University in Washington, D.C. in November 2004, was "Philosophy Against Empire." The U.S. imperial project, pursued by both Republican and Democratic administrations, has many dimensions, including military force and the mechanisms for its legitimation; the global economy and flows of money and people across borders; and biopolitics, or the disciplining of bodies through the micro-mechanisms of power apart from traditional forms of sovereignty. These issues are explored in (...)
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  27.  12
    Chapter 9. Register as a Dimension of Linguistic Variation.Ann D. Zwicky & Arnold M. Zwicky - 1982 - In John Lehrberger & Richard Kittredge (eds.), Sublanguage: Studies of Language in Restricted Semantic Domains. De Gruyter. pp. 213-218.
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  28.  16
    Criminal Act or Palliative Care? Prosecutions Involving the Care of the Dying.Ann Alpers - 1998 - Journal of Law, Medicine and Ethics 26 (4):308-331.
    Two significant, apparently unrelated, trends have emerged in American society and medicine. First, American medicine is reexamining its approach to dying. The Institute of Medicine, the American Medical Association and private funding organizations have recognized that too many dying people suffer from pain and other distress that clinicians can prevent or relieve. Second, this past decade has marked a sharp increase in the number of physicians prosecuted for criminal negligence based on arguably negligent patient care. The case often cited as (...)
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  29. Dispositional Abilities.Ann Whittle - 2010 - Philosophers' Imprint 10.
    Dispositional compatibilists argue that a proper understanding of our abilities vindicates both compatibilism and the principle of Alternate Possibilities (the claim that the ability to do otherwise is required for freedom and moral responsibility). In this paper, I argue that this is mistaken. Both analyses of dispositions and abilities should distinguish between local and global dispositions or abilities. Once this distinction is in place, we see that neither thesis is established by an analysis of abilities.
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  30.  14
    New Knowledge from Old Data: The Role of Standards in the Sharing and Reuse of Ecological Data.Ann S. Zimmerman - 2008 - Science, Technology, and Human Values 33 (5):631-652.
    This article analyzes the experiences of ecologists who used data they did not collect themselves. Specifically, the author examines the processes by which ecologists understand and assess the quality of the data they reuse, and investigates the role that standard methods of data collection play in these processes. Standardization is one means by which scientific knowledge is transported from local to public spheres. While standards can be helpful, the results show that knowledge of the local context is critical to ecologists' (...)
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  31.  4
    Fanget av bildet – Dag Solstads Irr! Grønt!Ann-Charlotte Aksnes - 2001 - Agora Journal for metafysisk spekulasjon 19 (2-3):218-242.
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  32.  10
    Sauglingsfursorge zwischen sozialer Hygiene und Eugenik: Das Beispiel Berlins im Kaiserreich und in der Weimarer Republik. Sigrid Stockel.Ann Taylor Allen - 1998 - Isis 89 (1):148-149.
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  33.  19
    Violence and the Philosophical Imaginary.Ann V. Murphy - 2012 - State University of New York Press.
    Examines how violence has been conceptually and rhetorically put to use in continental social theory.
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  34. A Defense of Substance Causation.Ann Whittle - 2016 - Journal of the American Philosophical Association (1):1-20.
    That there is no substance causation is often treated as the default position. My aim in this paper is primarily one of burden shifting: opponents of substance causation must do more to defend their position. After outlining the thesis I wish to defend, I present a simple argument for substance causation, arguing that opponents of substance causation owe us an explanation of why this argument is unsound. I end by answering objections to the view that substances can be causes.
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  35. Book reviews-cultivating women, cultivating science. Flora's daughters and botany in England 1760-1860.Ann B. Shteir & Monica Brough - 1998 - History and Philosophy of the Life Sciences 20 (1):102-102.
     
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  36.  4
    A Semite: A Memoir of Algeria.Ann Smock & William Smock (eds.) - 2014 - Cambridge University Press.
    In this vivid memoir, Denis Guénoun excavates his family's past and progressively fills out a portrait of an imposing, enigmatic father. René Guénoun was a teacher and a pioneer, and his secret support for Algerian independence was just one of the many things he did not discuss with his teenaged son. To be Algerian, pro-independence, a French citizen, a Jew, and a Communist were not, to René's mind, dissonant allegiances. He believed Jews and Arabs were bound by an authentic fraternity (...)
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  37.  9
    Listening for Blanchot.Ann Smock - 2021 - Substance 50 (2):25-44.
  38.  13
    Parental waivers to enable adolescent participation in certain forms of health research: lessons from a South African case study.Ann Strode & Zaynab Essack - 2022 - BMC Medical Ethics 23 (1):1-6.
    Background The South African legal framework requires mandatory parental/legal guardian consent for all research with children. Ethics guidelines provide some reprieve by allowing RECs to grant waivers of parental or guardianship consent in certain defined circumstances. In the first instance, consent may be provided by a proxy when parents or guardians are unavailable, for example with orphaned children. In the second instance, guidelines permit adolescent self-consent when the nature of the study justifies this approach, for example, research on sensitive issues (...)
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  39.  12
    Respire, Con-spire.Marielle Macé & Alexis Ann Stanley - 2023 - Substance 52 (1):177-186.
    In lieu of an abstract, here is a brief excerpt of the content:Respire, Con-spireMarielle Macé (bio)Translated by Alexis Ann StanleyA rather suffocating atmosphere is becoming our customary environment, ecologically, politically, and socially. It is time to affirm "a universal right to breathe"–what Achille Mbembe called the essential demand for justice that escalated during the age of the Anthropocene and is now crudely reemerging in the current pandemic's attack on the respiratory system.But the right to breathe is not "merely" the right (...)
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  40. Causal nominalism.Ann Whittle - 2009 - In Toby Handfield (ed.), Dispositions and causes. New York : Oxford University Press,: Clarendon Press ;.
    The causal theory of properties is standardly combined with a realist's ontology of universals or tropes. In this paper, I consider an uncharted alternative – a nominalist causal theory of properties. I discuss advantages and disadvantages of the resulting theory of properties, and explore the Rylean understanding of causal powers that emerges.
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  41.  71
    On an Argument for Humility.Ann Whittle - 2006 - Philosophical Studies 130 (3):461-497.
    Considerations upon the nature of properties and laws have led some philosophers to claim that the correct epistemic attitude with regards to the intrinsic properties of particulars is scepticism. I examine one particularly clear version of this line of argument, and contend that a serious form of scepticism is not established. However, I argue that the theories of properties and laws underlying the argument have unwanted metaphysical implications. These provide a stronger reason to jettison the analyses. I end by sketching (...)
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  42.  6
    Chemical, ecological, other? Identifying weed management typologies within industrialized cropping systems in Georgia (U.S.).David Weisberger, Melissa Ann Ray, Nicholas T. Basinger & Jennifer Jo Thompson - forthcoming - Agriculture and Human Values:1-19.
    Since the introduction and widespread adoption of chemical herbicides, “weed management” has become almost synonymous with “herbicide management.” Over-reliance on herbicides and herbicide-resistant crops has given rise to herbicide resistant weeds. Integrated weed management (IWM) identifies three strategies for weed management— biological-cultural, chemical-technological, mechanical-physical—and recommends combining all three to mitigate herbicide resistance. However, adoption of IWM has stalled, and research to understand the adoption of IWM practices has focused on single stakeholder groups, especially farmers. In contrast, decisions about weed management (...)
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  43. A functionalist theory of properties.Ann Whittle - 2008 - Philosophy and Phenomenological Research 77 (1):59-82.
    I consider a grand, yet neglected proposal put forward by Shoemaker—a functionalist theory of all properties. I argue that two possible ways of developing this proposal meet with substantial objections. However, if we are prepared to endorse an ontology of tropes, one of these functionalist analyses can be developed into an original and informative theory of properties.
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  44. Dignity and Respect for Dignity - Two Key Health Professional Values: implications for nursing Practice.Ann Gallagher - 2004 - Nursing Ethics 11 (6):587-599.
    It is argued that dignity can be considered both subjectively, taking into account individual differences and idiosyncrasies, and objectively, as the foundation of human rights. Dignity can and should also be explored as both an other-regarding and a self-regarding value: respect for the dignity of others and respect for one’s own personal and professional dignity. These two values appear to be inextricably linked. Aristotle’s doctrine of the mean enables nurses to reflect on the appropriate degree of respect for the dignity (...)
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  45.  33
    Ethics and Rural Healthcare: What Really Happens? What Might Help?Ann Freeman Cook & Helena Hoas - 2008 - American Journal of Bioethics 8 (4):52-56.
    Relatively few articles discuss the ethical issues that accompany healthcare in rural areas. This article presents and discusses the key findings obtained from multi-method research studies conducted over a 9-year period of time in a multi-state rural area. It challenges the efficacy of current models for bioethics, shows what kinds of ethical issues develop in rural communities, and offers a framework for envisioning resources and approaches that may be more appropriate.
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  46.  22
    Infants' understanding of object-directed action.Ann T. Phillips & Henry M. Wellman - 2005 - Cognition 98 (2):137-155.
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  47.  39
    Humanist Methods in Natural Philosophy: The Commonplace Book.Ann Blair - 1992 - Journal of the History of Ideas 53 (4):541-551.
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  48.  44
    Facilitating the development of moral insight in practice: teaching ethics and teaching virtue.Ann M. Begley - 2006 - Nursing Philosophy 7 (4):257-265.
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  49.  28
    Must We Be Courageous?Ann B. Hamric, John D. Arras & Margaret E. Mohrmann - 2015 - Hastings Center Report 45 (3):33-40.
    The notion of virtue in general, and courage in particular, has had a hard time integrating itself into the everyday lexicon of bioethics. Following the lead of enlightenment moral philosophy, which concentrates on the theory of right action as opposed to the ancient Greeks' emphasis on the development of good character, bioethics, with some notable exceptions, has tended to relegate consideration of the virtues to the sidelines of moral argument. Recently, however, there have been calls for the necessity of “moral (...)
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  50. Experiments in knowing: gender and method in the social sciences.Ann Oakley - 2000 - New York: New Press.
    The feminist philosopher and social scientist shows how "gendering" has affected the social and natural sciences as she reconciles the long-standing dichotomy between the quantitative and qualitative methods and demonstrates the tandem use of both experimental and intuitive approaches.
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