The rise of managerialism within healthcare systems has been noted globally. This paper uses the findings of a scoping study to investigate the management of poor performance among nurses and midwives in the United Kingdom within this context. The management of poor performance among clinicians in the NHS has been seen as a significant policy problem. There has been a profound shift in the distribution of power between professional and managerial groups in many health systems globally. We examined literature (...) published between 2000 and 10 to explore aspects of poor performance and its management. We used Web of Science, CINAHL, MEDLINE, British Nursing Index, HMIC, Cochrane Library and PubMed. Empirical data are limited but indicate that nurses and midwives are the clinical groups most likely to be suspended and that poor performance is often represented as an individual deficit. A focus on the individual as a source of trouble can serve as a distraction from more complex systematic problems. (shrink)

The Schuman Plan was enthusiastically endorsed by the Benelux countries, France, Germany, and Italy, but the United Kingdom declined to participate, refusing to accept the supranational role of the projected High Authority. The treaty Establishing the European Coal and Steel Community (ECSC) was signed in Paris on 18 April 1951. The European Economic Community (EEC) has provided the core framework for the process of European integration. The Single European Act (SEA) also inserted into the EEC Treaty a number of (...) specific new legal bases for Community action. The treaty provisions were superseded by the Treaty on European Union (TEU), which provides the legal basis for the common foreign and security policy (CFSP). The Reform Treaty was to shed the form, language, and symbols of a European Constitution in favor of having another amending treaty, similar in nature to the SEA, Treaty of Amsterdam (TA), or Treaty of Nice (TN). (shrink)

This leading scholar draws on extensive research from four plurinational states - the United Kingdom, Spain, Belgium, and Canada - to provide a radical rethink of the very nature of sovereignty and the state. This innovative account demonstrates how transnational integration and other demands on the nation-state have broken the automatic link between state and nation, and goes on to provide a major new analysis of the subsequent challenges of recognition of nationality and democracy.

Hazing is a widespread moral phenomenon that has attracted little theoretical discussion. Here are my purposes are two fold: First, I provide a characterization of hazing that captures the features relevant to analyzing and evaluating hazing from a moral point of view. Hazing is harmful or humiliating transaction between members of a coveted group and an individual seeking membership in said group where the transaction bears no intrinsic relationship to the group’s mission. Second, I provide an analysis of the moral (...) wrongs of hazing that is broadly Kantian in spirit. The wrongfulness of hazing cannot be captured in terms of familiar categories of wrongdoing wherein individuals are treated as mere means (e.g., deception or coercion). However, hazing has no place in Kant’s Kingdom of Ends, for as a form of social interaction, it exploits and endorses an inequality between the hazer and the hazed that is antithetical to the equality of rational worth characteristic of social interaction in the Kingdom of Ends. In addition, hazing amounts to an invitation for a person to trade their humanity or self-respect in exchange for full inclusion in a group or organization. Issuing such an invitation, I claim, violates a Kantian duty to treat others’ humanity as an end in itself, violating a duty not to “give scandal” by tempting others to act in ways they will later have grounds to rationally regret. -/- . (shrink)

Drawing upon selected literature from the United Kingdom, Denmark, and Canada we examine how Foucault's concepts of ‘episteme’, ‘rupture’ ‘parrhesia’ ‘care of the self’, and ‘problemitization’ have been applied to particular contexts of leadership development, pedagogy, nursing knowledge, and the relationship between caring and politics. Our aims are threefold: to give examples of how selected Foucauldian concepts have been taken up in practice; to clarify how we are positioned today as nurses; and to invite more nurses to engage critically (...) with historical inquiry and to engage in deep philosophical reflection about their relationship with nursing. We begin by examining the conditions and circumstances of Foucault's life, and conclude by posing the question in our subtitle to stimulate debate about the philosophical relevance of Foucauldian scholarship to nursing. (shrink)

Spinoza insists in the Theological Political Treatise that philosophy and theology are two separate kingdoms. I argue here that there is a basis in the psychology of the Ethics for one of the major components of the doctrine of the two kingdoms. Under the kingdom of theology, religion's principal function is to overcome the influence of harmful passion that prevents people from living life according to a fixed plan: people can live according to a fixed plan because they can (...) obey. Through a series of arguments I show that Spinoza takes obedience to arise through devotion; devotion to associate with ideas of miracles and imaginative monotheism; and these ideas to be imaginative ideas of singular objects. On the psychology of the Ethics, ideas of this sort, although highly irrational, nevertheless give minds a power to resist harmful passion similar to that of ideas of reason. Although problems remain for the interpretation of the doctrine of the two kingdoms, this argument shows that Spinoza's psychology gr.. (shrink)

Professional chaplains have the unique opportunity to provide spiritual care within institutional settings where other types of pastoral care may not exist. Serving within these institutions presents special challenges, including tension between multiple identities and responsibilities. This tension can create conflict within the Christian chaplain, and confusion as to whom they are ultimately beholden. The first section of the article discusses what I see as the five identity-related tensions a professional chaplain may experience serving in an institution. The second section (...) of the article outlines a Christian theology of calling built on the framework of Covenant Theology and God’s reconciling work of grace. This theology of calling orients the professional identity of the Christian chaplains, rooting them in a clear sense of their responsibilities within their institutional setting. Christian chaplains are beholden first to God and to the calling God places on their life. Proper orientation to that calling equips chaplains to reconcile any cognitive dissonance caused by identity-related tensions, thus opening up a richer spiritual dialogue with God as they live out their kingdom-advancing mission. (shrink)

Nursing has a gendered and religious history where ideas of duty and servitude are present and shape its professional identity. The profession also promotes idealized notions of relationships with patients and of professional autonomy both of which are, in practice, highly constrained or even impossible. This paper draws on psychoanalytic concepts in order to reconsider nursing's professional identity. It does this by presenting an analysis of data from two focus group studies involving nurses in England and Australia held between 2010 (...) and 2012. The studies gave rise to data where extremely negative talk about nursing work seemed to produce, or to be expressed with, a high degree of energy, and a particular kind of enjoyment. In our analysis, we focus on the nurses' apparent enjoyment derived from their expression of a position of powerlessness in which they describe themselves as ‘slaves’ or ‘martyrs’ in the health care system. We interpret this as jouissance and suggest that the positions of slave or martyr provide a possible response to what we argue is the impossibility of the nurse's role. We argue that a remnant of a quasi‐religious ethic within the profession makes it acceptable for nurses to talk about self‐sacrifice and powerlessness as part of their working subjectivity. We further argue that this analysis offers a new consideration of the issue of power and professional identity in nursing that goes beyond seeing nurses as simply overpowered by, or engaged in, a gendered power struggle with other professional groups. We suggest that powerlessness and victimhood hold particular attractions and advantages for nurses and are positions that are more available to nurses than to other occupational groups. This research shows how psychoanalytic theory can help produce new insights into the problems and complexity of nursing and extend existing study of the professions. (shrink)

Includes tutorials, invited lectures, and refereed papers on all aspects of logic programming including: Constraints, Concurrency and Parallelism, Deductive Databases, Implementations, Meta and Higher-order Programming, Theory, and Semantic Analysis. September 2-6, 1996, Bonn, Germany Every four years, the two major international scientific conferences on logic programming merge in one joint event. JICSLP'96 is the thirteenth in the two series of annual conferences sponsored by The Association for Logic Programming. It includes tutorials, invited lectures, and refereed papers on all aspects of (...) logic programming including: Constraints, Concurrency and Parallelism, Deductive Databases, Implementations, Meta and Higher-order Programming, Theory, and Semantic Analysis. The contributors are international, with strong contingents from the United States, United Kingdom, France, and Japan. Logic Programming series, Research Reports and Notes. (shrink)

Current Legal Problems was established after the Second World War as a series of public lectures on law. It is now regarded as the most significant such series in the United Kingdom. Each year edited texts are reproduced in the form of a volume. This year's is the 56th such volume. The range of subject-matter as ever is wide. Subjects explored this year include the jurisprudence of Genesis; the law of delict; fair trials and safe convictions; and war, terrorism, (...) and international law. Amongst the contributors to this volume are Joseph Thomson, Lord Phillips of Worth Matravers, and Philippe Sands QCLReadership: Legal scholars and practitioners. (shrink)

The intersection of biology and religion has spawned exciting new areas of academic research that raise issues central to understanding our own humanity and the living world. In this comprehensive and accessible survey, Michael L. Peterson and Dennis R. Venema explain the engagement between biology and religion on issues related to origins, evolution, design, suffering and evil, progress and purpose, love, humanity, morality, ecology, and the nature of religion itself. Does life have a chemical origin - or must there (...) be a divine spark? How can religious claims about divine goodness be reconciled with widespread predation, suffering, and death in the animal kingdom? Peterson and Venema develop a philosophical discussion around such controversial questions. The book situates each topic in its historical, scientific, and theological context, making it the perfect introduction for upper-level undergraduates, graduate students, scholars, and the interested general reader. (shrink)

In Leviathan chapter 31 Hobbes refers to atheists and deists as "God's enemies." The contrast class is God's subjects in what he calls the Kingdom of God by Nature. This chapter offers an account of how one submits to God to become God's natural subject. The explanation reinforces the distinction between a primary and secondary state of nature. Submission to God obligates natural subjects to obey the laws of nature because the precepts of those laws acquire thereby the normative (...) force of law. The view further explains why submission to God differs from submission to a civil sovereign, despite the fact that both are voluntary. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Devil's Stratagem or Human Fraud:Ippolito Desideri on the Reincarnate Succession of the Dalai LamaMichael J. SweetThe institution of the Dalai Lama and the narrative of his reincarnate succession have become so familiar in the course of the past few decades as to seem almost unremarkable. But, let us imagine hearing the story of the Fourteenth Dalai Lama's succession for the first time: the prophecies of his dying predecessor, (...) the cryptic words of the state oracle, dreams, omens, a mummy turning its head and a fungus growing on a pillar (both indicating the direction of the birthplace of the new incarnation), visions in a sacred lake, and finally the discovery and recognition of a remarkable child who gives incontrovertible evidence of remembering his past life,2 followed by his enthronement and veneration as a virtual god-king—some people will take this story as a factual report, others will find it a captivating fairy tale,3 while still others would dismiss it as a sham. The process of reincarnate succession is unique to what Ippolito Desideri called "the false and most singular religious sect found in Tibet.... this hodgepodge of bizarre dogmas which make up a religious monstrosity unlike any other religion in the world that I know of,"4 and in the shock of first encounter it has appeared either miraculous, fraudulent, or diabolical to many outsiders who heard about it through the middle twentieth century, before Tibet was forcibly incorporated into China, when it could still be viewed as a remote and mysterious theocratic kingdom.5 The reception of the reincarnate succession narrative in the West, in China, and elsewhere certainly warrants a full-length treatment. Here I will focus on a small aspect of this subject, namely, how this narrative was received by one exceptional individual, the Italian Jesuit missionary Ippolito Desideri (1684–1733). In describing his understanding of reincarnate succession, applied in particular to the case of the Dalai Lama, I hope to illuminate Desideri's struggle in engaging with Tibetan Buddhism, caught as he was between acceptance and even enthusiasm for many aspects of Tibetan culture and religious life and his unswerving commitment to the faith and doctrine of the Catholic Reformation; the motive for all of his trials and labors in the Tibet mission was a burning desire to win the imperiled souls of the Tibetans for Christ. [End Page 131]Reincarnate succession has a long history in Tibet. Almost five hundred years before Desideri's sojourn, the Franciscan William of Rubruck (ca. 1220–after 1257) mentioned hearing of a boy who was less than three years old "yet was fully capable of rational thought; he said of himself that he was in his third incarnation, and he knew how to read and write."6 William, whose journey (1253–1255) to the court of the Mongol great khan Mönke occurred not very long after the institution of incarnate lamas originated in Tibet,7 was the first to introduce the figure of the infant tulku [incarnate lama] as child prodigy, which we will encounter subsequently.Aside from this one early reference, the subject truly surfaced for the first time in Athanasius Kircher's 1667 China Illustrata;8 the section dealing with Tibet was based on the account given to him by the German Jesuit Johannes Grüber, who had briefly visited Lhasa in 1661.9 Kircher's depiction of Tibet is a second- or third-hand mishmash of misinformation, fantasy, and the barest minimum of fact. The Dalai Lama is presented as a demonically inspired antipope: "He is worshiped like a divinity... They kiss his feet with incredible veneration, as if he were the Pope... by this the deceitfulness of the evil spirit is wondrously shown, for the veneration due only to... the Pope of Rome is transferred to the heathen worship of savage nations, like all the other mysteries of Christianity."10 Kircher here resorts to the principle of diabolical plagiarism, originating in early Christian apologetics, to explain the perceived resemblances of Tibetan practices and institutions to those of Roman Catholicism.11 However, he regarded the Dalai Lama's succession as a purely human deception in which a... (shrink)

At the end of his life, in the public attack on the Church of Denmark, Kierkegaard was vicious in his criticism of the clergy and their preaching, ruthless in his condemnation of the abdication of the Church to bourgeois culture and society. So radical is his attack that some have read in this late Kierkegaard a wholesale rejection not only of the Church but of Christianity. In this essay it is argued that Kierkegaard might be understood differently, that his was (...) an eschatological perspective, one which criticized the Church while holding on to a vision of the Kingdom present in her, despite her failings. (shrink)

At the end of his life, in the public attack on the Church of Denmark, Kierkegaard was vicious in his criticism of the clergy and their preaching, ruthless in his condemnation of the abdication of the Church to bourgeois culture and society. So radical is his attack that some have read in this late Kierkegaard a wholesale rejection not only of the Church but of Christianity. In this essay it is argued that Kierkegaard might be understood differently, that his was (...) an eschatological perspective, one which criticized the Church while holding on to a vision of the Kingdom present in her, despite her failings. (shrink)

Christian philosophers and theologians have long been concerned with the question of how to reconcile their belief in three fully divine Persons with their commitment to monotheism. The most popular strategy for doing this—the Social Trinitarian strategy—argues that, though the divine Persons are in no sense the same God, monotheism is secured by certain relations that obtain among them. It is argued that if the Social Trinitarian understanding of the doctrine of the Trinity is correct, then Christianity is not interestingly (...) different from the polytheistic Amun-Re theology of Egypt’s New Kingdom period. Thus, Social Trinitarianism should be classified as a version of polytheism rather than monotheism. (shrink)

The Wnt signalling cascade is a highly conserved signalling pathway throughout the animal kingdom. In Xenopus, Wnt signalling functions in mesodermal dorsoventral patterning. Earlier work on deciphering the components of the wnt signalling cascade left a gap between cytosolic β‐catenin, the final member of the cascade, and the nuclear target genes. Several recent papers now reveal how the Wnt signal is transmitted into the nucleus. Surprisingly, β‐catenin directly interacts with the transcription factor LEF‐1/XTCF‐3, and thereby is not only translocated (...) into the nucleus but also modulates the properties of LEF‐1/XTCF‐3 as a transcription factor(1–5). (shrink)

Do past state actions, such as the American conquest of northern Mexico, the British colonization of South Asia, and the Spanish expulsion of the Sephardim and Moriscos, grant contemporary Mexicans, South Asians, and the descendants of the Sephardim and Moriscos a particular right to immigrate to the United States, the United Kingdom, and Spain respectively? In this paper I examine three theoretical models for addressing this question: retrospective responsibility for historic injustice; the principle of coercively constituted identities; and the (...) theory of remedial responsibility. I argue that remedial responsibility best justifies a particular right to immigrate through responsibility for the past for three reasons. First, it relieves us of the epistemological task of establishing causal responsibility. Second, it lessens the normative task of identifying a theory of unjust harm to establish moral responsibility. Finally, it facilitates the normative task of ranking the claims to immigrate of different individuals. (shrink)

Fly strike is a painful conditioncaused by live maggots eating at the flesh of sheep.Remedies for this disorder are traumatic, with sheepundergoing painful mulesing and tail dockingoperations to protect against flystrike. In an attemptto find control solutions and to understand thedisorder, Australasian researchers increase sheepsuffering by conducting experiments that artificiallyinduce fly strike. Some of these experiments have noapplication in prevention and control of fly strike.Many others could be modified or replaced with lesspainful techniques.Anecdotal evidence through communication withorganic farmers suggests that (...) fly strike is largelypreventable if farmers keep sheep healthy and inspectthem regularly. Some organic farmers have largelyeliminated fly strike from their farm. Investigationson fly strike control using non-intrusive techniquesare also progressing in Australasia and the UnitedKingdom. (shrink)

This volume represents a rich multi-disciplinary contribution to an expanding literature on citizenship, identity, and education in a variety of majority and minority Muslim communities. Each of these essays offer important insights into the various ways one may identify with, and participate in, different societies to which Muslims belong, from the United Kingdom to Pakistan to Indonesia. Authors include Robert Hefner, Andrew March, Tariq Modood, Lucas Swaine, Matthew Nelson, Rosnani Hashim, Charlene Tan and Yedullah Kazmi.

In lieu of an abstract, here is a brief excerpt of the content:The Influence of Anxiety and Literature's Panglossian NoseMichael AustinIScheherazade may be the protagonist of The Thousand and One Nights, but her stories are the heroes. Her audience for these stories consists only of her sister and her husband, the great sultan Shahryar, who three years earlier had vowed to avenge his wife's infidelity by marrying a new woman each night and executing her the following morning. With the supply (...) of virgins in the kingdom running short, Scheherazade forces her father, the royal vizier, to allow her to marry the Sultan, assuring him that she has a plan to end his bloody practice. Her plan is simple: every night, Scheherazade tells Shahryar a piece of a story. Many of these stories are overtly didactic, and some are even thinly veiled allegories of Shahryar's own situation, but Scheherazade aims to do more than simply rehabilitate the sultan with pedagogically sound morality tales. She weaves her stories together, often using multiple frames and levels of embedded narrative, to make sure that the night always ends in the middle of at least one story, and, each morning, the Sultan postpones his sentence of death one day so he can hear the conclusion.Scheherazade's gambit succeeds—with the Sultan and with readers everywhere—because it taps into a very deep human need for literature, which, broadly defined, includes folk tales, songs, oral epics, and other forms of narrative expression. Stories have been a source of pleasure for human beings for a long time—much longer than there have been writing systems to record them. And, during all this time, as Paul Hernadi writes, "the pleasure of succumbing to literary seduction has long served as a psychological reward for what was once and perhaps still is [End Page 215] a biologically advantageous thing to do."1 Scheherazade's stories give Shahryar pleasure—more pleasure, arguably, than the sexual encounters that precede them. In more than a thousand marriages (assuming three full years since he began the practice), sexual pleasure never entices the sultan to suspend his vow. With an entire kingdom full of potential wives, of course, he need never fear an end to such pleasures. The pool of wives who can bring the pleasure of narrative to the marriage bed is much smaller indeed.But pleasure alone cannot explain Scheherazade's success; if it could, she would not have to end each night in the middle of a story. By doing so, she combines the pleasure of narrative with the anxiety of incompleteness. Scheherazade's cliffhangers work on Shahryar for the same reason that they work on us today: we expect to find out what happens in a story, and we experience anxiety when this expectation is frustrated. This anxiety is just as deeply rooted in biology and natural selection as the "pleasure of succumbing to literary seduction." Most of the things that produce great anxiety in people—such as snakes, spiders, fire, high places, large bodies of water, contaminated surfaces, and unknown social situations—constitute very real threats to our survival. Anxiety is nature's way of telling us to pay extra attention around potentially dangerous things or to take steps to avoid such things whenever possible. Pleasure and anxiety work hand in hand, as carrot and stick, to encourage, or discourage, the same fitness-enhancing behaviors. Eating when we are hungry gives us pleasure; wondering where our next meal is coming from gives us anxiety.The pleasure and anxiety that we experience in literature are neurologically indistinguishable from the same responses that we experience in the life-or-death situations for which they were designed. According to John Tooby and Leda Cosmides, "fictional worlds engage emotion systems while disengaging action systems.... An absorbing series of fictional events will draw out of our mental mechanisms a rich array of emotional responses—the same responses that would be appropriate to those same events and persons if they were real."2 The ability to respond in this way appears to be unique to human beings, but it also appears to be a universal element of human nature. People everywhere tell and respond to stories, and many people devote considerable... (shrink)

This article looks at the ethical quandaries, and their social and political context, which emerge as a result of international nuclear waste substitution. In particular it addresses the dilemmas inherent within the proposed return of nuclear waste owned by Japanese nuclear companies and currently stored in the United Kingdom. The UK company responsible for this waste, British Nuclear Fuels Limited (BNFL), wish to substitute this high volume intermediate-level Japanese-owned radioactive waste for a much lower volume of much more highly (...) radioactive waste. Special focus is given to ethical problems that they, and the UK government, have not wished to address as they move forward with waste substitution. The conclusion is that waste substitution can only be considered an ethical practice if a set of moderating conditions are observed by all parties. These conditions are listed and, as of yet, they are not being observed. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Justifying the Arts:Drama and Intercultural EducationMike Fleming (bio)IntroductionFor teachers of arts subjects, questions about justification can be tiresome in the same way that contemporary aestheticians may feel fatigue about defining art.1 Providing justification can feel more like an exercise in rhetoric than theoretical enquiry, induced more by political necessity than intellectual challenge. If the value of the arts is not self-evident, it is difficult to advance arguments to convince (...) those who have no knowledge or affinity with them. Not that many educationists admit to falling into the latter category. As Eisner has said, nobody wants to be seen as a philistine.2 Yet to those with a deep commitment to the value of the arts in education and wider society, the arts are rarely thought to be taken as seriously as they should be.3 This paper will describe five approaches to the question of justifying the arts before examining the specific case of drama and intercultural education.Approaches to Justifying the Teaching of the ArtsFaced with questions of justification, providing a list of reasons for teaching the arts is one approach but not the only one. Instead, looking for broader categories of justification within possible lists (e.g., between art and entertainment, feeling and cognition) exposes differences of emphasis more easily. Exploration of the tension between such concepts as "creating" and "responding" may help get behind bland claims of the kind that the arts can "develop creativity." In this way, the relevance of aesthetic theory, which often centers on the tension between competing concepts, can be demonstrated more readily. Another approach to the question of justification is to reject the idea that the arts should serve instrumental goals at all by advancing an argument in favor of their intrinsic rewards. A fourth approach is to [End Page 54] question whether it is appropriate to seek justification for the arts as a generic concept, rather than looking instead at individual art forms; the benefits of dance may be different in certain respects from those of visual arts. Finally, a priori enquiry could be abandoned altogether in favor of seeing what teachers actually say about their reasons for teaching the arts. Each of these positions will be examined briefly.Mortimer includes physical education and personal and social education among the areas of benefit he attributes to the arts.4 Within five broad categories, he describes further subcategories, amounting to more than seventeen reasons for teaching the arts. He also claims that the arts are a way of developing life skills and attitudes that are transferable across the curriculum and are a way of contextualizing other learning. It is easy to sympathize with someone who is passionate about the arts and concerned that they should be seen as a "fundamental" not as a "frill," but such general claims do not always bring clarity or insight. It is difficult for example to see how poetry "encourages physical confidence in balance." A visit to a children's home may be more fruitful in "developing sensitivity to others." The benefit of "using imagination and creativity" (a catchall phrase that on its own says very little) may in practice find tension with other stated benefits such as "discriminating, selecting, editing." The latter concepts suggest a more constrained, skills-oriented form of teaching rather than an approach that encourages free flow of imagination. Long lists of justifications can obscure theoretical differences and from a tactical point of view in the political arena can appear overblown. They are well meant but not always helpful. Nor do they go far in explaining the deep importance of the arts in so many people's lives.The influential Gulbenkian report in the United Kingdom was wide-ranging in its claims but reinforced the idea of the arts as being an alternative to academic study and what it termed "logico-deductive thought."5 "Society," it argued, "needs and values more than academic abilities." In the 1980s, many writers were keen to free themselves from the influence of narrow theories of self-expression to embrace a wider discipline-based approach but continued to underplay the cognitive dimensions of work in art.6 Of course an emphasis... (shrink)

This article attempts a self-clarification of practice theory by providing a genetic history of ‘practice’ as a figure in social thought. This locates two different versions of practice theory in Marx’s ‘practical question’ and Hobbes’ ‘Kingdom of Darkness’, respectively, and shows how both historically comprise a practical critique of testing reason. This article examines how the practical critique performs a dialectic of politicization and depoliticization that finds family resemblances and paradoxical alignments between the political left and right. The article (...) evaluates the strength of the practical critique and asks whether it results in a power politics with both left and right versions. (shrink)

The German word Festschrift has become the universally accepted term for a published collection of legal essays written by several authors to honour a distinguished jurist or mark a significant legal event. The genre dates back to the mid‐19th century on the Continent, but until recently it has made little impression on the literature of the common law. Less than a dozen legal Festschriften had been published in the United Kingdom up to 1968, but since then more than a (...) hundred legal Festschriften have appeared. This article traces the rise of the legal Festschrift in the United Kingdom, and attempts to account for its recent popularity. The nature of legal Festschriften, and the processes and problems of their production, are addressed. Emphasis is placed on the systemic failure to index contributions to legal Festschriften. This gap in the bibliographic resources of the common law consigns an enormous amount of scholarship to oblivion; hence the reference in the title to ‘graveyards of scholarship’. An indication of the magnitude of this problem is that the total number of contributions to legal Festschriften between 1969 and 2000 almost equals the total number of articles published in three leading British law reviews over the same period. The article concludes that the failure to index contributions to legal Festschriften by author and subject matter is lamentable, and undercuts the reasons for publishing legal Festschriften in the first place. (shrink)

How can finance be durably democratized? In the centers of financial power in both the United States and the United Kingdom, proposals now circulate to give workers and the public more say over how flows of credit are allocated. This article examines five democratization proposals: credit union franchises, public investment banks, sovereign wealth funds, inclusive ownership funds, and bank nationalization. It considers how these plans might activate worker and public engagement in decision making about finance by focusing on three (...) modes of public participation: representative democracy, direct democracy, and deliberative minipublics. It then considers the degree to which democratization plans might be resilient to de-democratization threats from business. It argues that of the five, bank nationalization goes furthest in guarding against de-democratization threats but is still pocked with pitfalls if it relies solely on representative democracy. It argues that two criteria appear necessary for democratically durable alternatives: the active direct participation of workers and citizens and the weakening of businesses’ capacity for democratic retrenchment. (shrink)

There is a short section of Peter Harvey's recent book on Buddhism in which he offers a thumbnail sketch of Buddhist groups in the United Kingdom. Among the groups he describes is the Friends of the Western Buddhist Order, and I declare an interest, as one of its members. I have no particular quarrel with the description of FWBO activities, but there is a sting in the tail, which is, I think, a point of some conceptual interest, which others (...) have also focused on. (shrink)

This article looks at the missionary – widely defined – as a character in late eighteenth-century literature. Specifically, it asks why authors would choose to include stories about failures in missionary endeavours. The paper argues that the answer lies in the pervasive influence of biblical stories on colonial religious discourse. The authors treated here view the failed missionary as a harbinger of the gospel's ultimate success because Jesus himself said as much to his apostles, warning of opposition and rejection prior (...) to the kingdom's ultimate victory. Whether consciously or not, biblical precedents shape the expansionist, Christian rhetoric of these eighteenth and early nineteenth-century writers in such a way that they can accommodate both missionary successes and disappointments in their narratives, without doubting their religious superiority over the non-Christians they describe. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 27.2 (2003) 284-303 [Access article in PDF] Accidental Art:Tolstoy's Poetics of Unintentionality Michael A. Denner I ART'S ABILITY TO INFECT another with an emotion, the concept that has come to be probably the most readily identified catchphrase in What Is Art? (though it crops up in his earlier writings on art), derives from L. N. Tolstoy's dynamic identity claim about art: we know an artist (...) has created a genuine work of art when he "hands on to others feelings he has lived through, and that others are infected by these feelings and also experience them." 1 "What is art?" is then a taxonomical question, and, according to Tolstoy, art is identifiable from non-art not by some set of external characteristics—the way, say, Aristotle categorized animals in his natural history—rather art is recognizable by its function, by what it does. In this sense art is like a tool: A given thing is art because it performs a certain task, much as one might claim a screwdriver is anything that sets and removes screws, regardless of its external characteristics. Tolstoy, in fact, repeatedly refers to art as "orudie," "a tool," or even "a weapon."It is worth noting from the outset that this metaphor of contagiousness is one of sublimated violence. For its passive "perceiver" (Tolstoy's characteristic term for the consumer of art), art amounts to irresistible, surreptitious emotional manipulation by an external entity. Tolstoy is ever attentive to the underlying meanings of the words he chooses, and I think he means to emphasize the latent, etymological meaning of the zarazit', to infect, the root of which is razit', to strike, a military term that likely resonated with Tolstoy, a war veteran. 2 Etymological arguments aside, Tolstoy makes explicit the psychological violation that goes hand-in-hand [End Page 284] with the experience of a work of art in a diary entry from a period of work on an earlier variant of What Is Art?: "One must hone the artistic work so that it penetrates. To hone a work means to make it perfect artistically, in which case it will pierce through the indifference...." 3 In an earlier version of the essay, Tolstoy offers "hypnotism" as a synonym for infection (p. 53).With its ability to "penetrate" through indifference and colonize, willy-nilly, the other, art accomplishes directly and immediately what no amount of rational argument could accomplish: "Art is differentiated from the activity of rational activity, which demands preparation and a certain sequence of knowledge (so that one cannot learn trigonometry before knowing geometry), by the fact that it acts on people independently of their state of development and education, that the charm of a picture, of sounds, or of forms, infects any man whatever his plane of development" (p. 178).The effect of art does not depend on some graduated, sequential process as it does for rational activity: art's infectiousness is immediate and irresistible. According to What Is Art?, the summum bonum of art's infectiousness, its best use, but notably not its only, is bringing about the Kingdom of God by effecting a change in the psychology of all the individuals who experience it. "Religious art," Tolstoy's supreme category of art, surmounts the (ultimately illusory for Tolstoy) individuality of the perceiver by inducing in him or her an emotional union with the artist and all others who have experienced the work of art, thereby inducting all perceivers into the universal collective of humankind: "In this freeing of our personality from its separation from other people, from its isolation, in this uniting of personality with others, lies the chief characteristic and the great attractive force of art" (p. 228). Art is a sacrament and the artist a priest of sorts.It is often said, even by those who have read the work, that Tolstoy "rejected" art in the last decades of his life, and What Is Art? is often cited as evidence. Granted, much of the book excoriates much of the art of the ages, but one must not... (shrink)

A true announcement of the law of creation, if a man were found worthy to declare it, would carry art up into the kingdom of nature, and destroy its separate and contrasted existence. The Common Core State Standards for the teaching of literature are now in effect in forty-four states and the District of Columbia. As is the case with previous standards developed at the state level since the 1990s, the Common Core State Standards are framed within a familiar (...) formalist paradigm for literature instruction specifying that high school students will read and study recognized literary works of art, exhibit knowledge of literary history, and demonstrate proficiency using authorized methods for critical.. (shrink)

COVID-19 created a transformational shift in the working environment for much of the labour force, yet its impact on workers is unclear. This study uses longitudinal data to examine the wellbeing of 621 full-time workers assessed before and during the first lockdown in the United Kingdom. We employ fixed effects analyses to investigate the impact of the restrictions and mandatory homeworking on cognitive, emotional, and psychological wellbeing. Within the sample, the rate of full-time homeworking increased from 2 to 74% (...) between waves. We identify significant changes in 9 of the 15 measures assessed, with a general pattern of improvements in wellbeing during lockdown. Overall levels of stress, self-rated mental health, positive emotions and life and job satisfaction are not adversely affected by the restrictions. There is a reduction in the burnout symptoms of disengagement and exhaustion and in the frequency with which negative emotions are experienced at work. Workers feel more autonomous, closer to their co-workers, and more attached to their organisations. However, homelife satisfaction declines. These findings highlight the possibility that the COVID-19 pandemic and large-scale transition to homeworking was associated with unchanged or improved worker wellbeing. This study has important implications for governments and employers regarding a global shift to homeworking. (shrink)

Education-business partnership in the United Kingdom has a long history. The promotion of links between the partners at all levels and in all sectors of the economy has become a service industry in its own right. In 1991, the UK government established a regional network of Education-Business Partnerships (EBPs) in an attempt to coordinate these activities. Education-business links embrace curriculum enrichment for students at all levels of education; professional development for teachers, lecturers, and business employees; and institutional development and (...) mutual benefits arising from collaboration between educational institutions, business, and the wider community. The authors review the development of education-business links in the United Kingdom and raise a number of issues about definition and purpose. They discuss the difficulties of establishing an educational framework for industrial, commercial, and business enterprises and the economic and technological processes which operate within them. (shrink)

Michael Hornsby-Smith offers an overview of Catholic social thought particularly in recent decades. While drawing on official teaching such as papal encyclicals and the pastoral letters of bishops' conferences, he takes seriously the need for dialogue with secular thought. The 2006 book is organized in four stages. Part I outlines the variety of domestic and international injustices and seeks to offer a social analysis of the causes of these injustices. Part II offers a theological reflection on the characteristics of (...) the kingdom of God which Christians are urged to seek. Part III reviews Catholic social thought in six main areas: human rights, the family and bioethical issues, economic life, social exclusion, authentic development, and war and peace. Part IV completes the cycle with a consideration of appropriate social action responses to the injustices which the author has identified and analysed. (shrink)

The concept of community is increasingly the focus of political argument in Britain, the United States and elsewhere around the world. The sense people have of belonging to coummunities provides a powerful motivation which continues to affecct the political and social face of the world. Recently, debate about the relationship between individuals and their communities has become central to the making of both, American and European social policy. In the United Kingdom this is especially apparent in the area of (...) health care, where ideas of community have informed recent legislation concerning community care, community health trusts and the Children Act among others. This volume explores the focus of interest in community and the emerging theoretical oppostion between communitarianism and liberalism, as well as the practical, theoretical and ethical issues relating to community in the health care professions, including a discussion of the health service as Civil Association, an analysis of liberal and communitarian views on the allocaiton of health care resources, an exploration of the use of genetic information and an examination of health care decision making for incapacitated elderly patients. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Political AuthorityA Christian PerspectiveMichael von BrückGeneral Reflection: Apocalyptic and Utopian Models of Progress and ReligionEuropean tradition of thought is shaped by two different mythical imaginations of time structure: apocalyptic thought and the concept of utopia.Jewish apocalyptical thinking culminated in the expectation that God would finally complete the processes of history at the end of time. In conjunction with Iranian dualism this expectation was interpreted metaphysically: After the collapse of (...) the existing order God would create a messianic kingdom of peace and justice, that is, a kingdom under the direct rule of God. This was not “political progress” in the modern sense of the term, for the subject of these final events was God himself or God alone. Human beings might participate in accelerating or slowing down these divine actions by lawful or unlawful behavior—measured according to the Mosaic Law, but human historical acting itself would not lead to a betterment in this sense. Nevertheless, this form of thought gave history a direction, and this is what inspired later Jewish and Christian intentionality. Early Christianity was shaped by the expectation of the coming end of time in the immediate future; however, at the same time it added a remarkable tension to the traditional apocalyptic idea: the tension of fulfillment of time, which had happened already in the advent of Jesus as the Christ (messiah) and an expectation of the imminent completion of time (the return of Christ, which would finally end history and start the new kingdom). Since the second century ad this myth of future time became ontologized or platonized—that is, the future was transferred into an “other world.” This means that the new quality would not be a dimension of the future (only) but graspable in the ecclesiastical mediation of the sacraments. The eucharist was the pharmakon athanasias (medicine of immortality). At the same time there was a mystical dimension that holds that in a specific spiritual experience this dimension might be experienced by any person who would be prepared to receive it as divine grace. The paradigm of early Christianity failed: Christ did not return. There was no new kingdom that would have ended known history. In order to cope with this disappointment, two forms of life emerged that shaped the [End Page 159] spirit of Christianity throughout the Middle Ages, so to speak, until the end of the eighteenth century: ecclesiastical mediation of the saving reality and mystical participation in a transtemporal Beyondness.Utopia develops on the basis of difference between imagination and reality. At least structurally utopian thinking can be found in all cultures; usually it is expressed in the power of myths. This marks a difference between utopia and apocalyptics. There are three different types of utopian thinking: spatial, temporal, and in terms of different states of consciousness. Spatial utopia expects the final accomplishment or climax of history, that is, the essence of hope, in spatial terms, in different regions of the world, faraway, behind oceans or mountains (Atlantis, the country flowing with milk and honey, El Dorado, Shambhala, the islands of the blessed, etc.). These spaces lost their power of inspiring imagination because there are no more white spots on the map, and that is why this utopia had to emigrate into extraterrestrial spaces of the universe (the contemporary myths of ET, Star Wars, etc.)Temporal utopia transfers the field of expectation to the beginning of the world (paradise, Golden Age) or to the end of history (millennialistic thought, communistic utopia). These temporal expectations lost their power of inspiring imagination because the fulfillment was heralded time and again but never happened.Utopia in terms of a different state of consciousness transfers the catastrophe (the turning point of time and history) into the consciousness of human beings (the prophets of Israel, Buddha, Jesus, in a certain way Confucius, modern New Age movements, etc.). An individual or even collective awakening of consciousness in humans would transform the world from within into a new paradise. The credibility of this model is challenged by the actual suffering in the world, which does not seem to diminish.In actual history these three types occur in mixed forms. The Western idea of... (shrink)

Population obesity and associated morbidities pose significant public health and economic burdens in the United Kingdom, United States, and globally. As a response, public health initiatives often seek to change individuals’ unhealthy behavior, with the dual aims of improving their health and conserving health care resources. One such initiative—taxes on sugar‐sweetened beverages (SSB)—has sparked considerable ethical debate. Prominent in the debate are arguments seeking to demonstrate the supposed impermissibility of SSB taxes and similar policies on the grounds that they (...) interfere with individuals’ freedom and autonomy. Commentators have often assumed that a policy intended to restrict or change private individuals’ consumption behavior will necessarily curtail freedom and, as a corollary, will undermine individuals’ autonomy with respect to their consumption choices. Yet this assumption involves a conceptual mistake. To address the misunderstanding, it’s necessary to attend to the differences between negative liberty, freedom of options, and autonomy. Ultimately, concerns about negative liberty, freedom, and autonomy do not provide strong grounds for opposing SSB taxes. (shrink)

This article analyses domestic and foreign reactions to a 2008 report in the British Medical Journal on the complementary and, as argued, synergistic relationship between palliative care and euthanasia in Belgium. The earliest initiators of palliative care in Belgium in the late 1970s held the view that access to proper palliative care was a precondition for euthanasia to be acceptable and that euthanasia and palliative care could, and should, develop together. Advocates of euthanasia including author Jan Bernheim, independent from but (...) together with British expatriates, were among the founders of what was probably the first palliative care service in Europe outside of the United Kingdom. In what has become known as the Belgian model of integral end-of-life care, euthanasia is an available option, also at the end of a palliative care pathway. This approach became the majority view among the wider Belgian public, palliative care workers, other health professionals, and legislators. The legal regulation of euthanasia in 2002 was preceded and followed by a considerable expansion of palliative care services. It is argued that this synergistic development was made possible by public confidence in the health care system and widespread progressive social attitudes that gave rise to a high level of community support for both palliative care and euthanasia. The Belgian model of so-called integral end-of-life care is continuing to evolve, with constant scrutiny of practice and improvements to procedures. It still exhibits several imperfections, for which some solutions are being developed. This article analyses this model by way of answers to a series of questions posed by Journal of Bioethical Inquiry consulting editor Michael Ashby to the Belgian authors. (shrink)

"This volume explores what it means for applied theatre practice to be conducted in an ethical way and examines how this affects the work done with communities and participants. It considers how practitioners can effectively balance aesthetics and ethics in the process of creating performance, particularly with relatively inexperienced and often vulnerable groups of people who are being asked to both tell and stage their stories. While Part One offers an overview of critical debates and the editors' reflections on their (...) own practice, Part Two presents a range of international case studies that explore how the theories and issues are worked out in a variety of diverse practices. The two sections bring together both theoretical and practical ways for theatre-makers to examine the ethics of their applied theatre projects. In Part One, readers are presented with a critical introduction to ethics in applied theatre practice, informed by the thinking of philosophers, scholarly literature on applied theatre, and the editors' own experience, as they consider the question - What is the good? For practitioners working in the field of applied theatre, it provides recommendations for community-based ethical approaches working with principles of voice, agency, collaboration, relationality and reciprocity. Part Two presents a range of international case studies that consider ethics from varying critical perspectives and contexts, including projects in Australia, Nigeria, Sri Lanka, Bangladesh, the United Kingdom, and Canada. Covering work with participants of many ages, from children to seniors, the case studies include indigenous perspectives on a language revitalization project with the Hul'q'umi'num' people of British Columbia; the work of a professional dance theatre company working with addicts and people in recovery; interactive drama used in an educational context in Nigeria, and applied theatre projects in situations of trauma with refugees on the Greek island of Lesbos, among others"--. (shrink)

Is the assessment of motor milestones valid and scaled equivalently for all infants? It is not only important to understand if the way we use gross and fine motor scores are appropriate for monitoring motor milestones but also to determine if these scores are confounded by specific infant characteristics. Therefore, the aim of the study is to investigate the latent structure underlying motor milestone assessment in infancy and measurement invariance across sex, birth weight, and gestational age. For this study, the (...) birth cohort data from the United Kingdom Millennium Cohort Study was used, which includes the assessment of eight motor milestone tasks from the Denver Developmental Screening Test in 9-month-old infants, depicting early motor development of the first children of generation Z. Confirmatory factor analyses showed a better model fit for a two-factor structure compared to a one-factor structure, and multiple indicators multiple causes modeling revealed no differential item functioning related to sex, birth weight, and gestational age. The study provides support for the use of gross and fine motor scores when assessing motor milestones in infants—both boys and girls with different birth weights and of varying gestational ages. Further investigation into widely adopted assessment tools is recommended to support the use of valid composite scores in early childhood research and practice. (shrink)