George Cheney, Daniel J. Lair, Dean Ritz, and Brenden E. Kendall
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780195182774
- eISBN:
- 9780199871001
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195182774.003.0003
- Subject:
- Business and Management, Corporate Governance and Accountability
This chapter explores deeply how our common ways of speaking about ethics distract us from a more integrative vision of ethics in our lives. The chapter introduces three problems with how we ...
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This chapter explores deeply how our common ways of speaking about ethics distract us from a more integrative vision of ethics in our lives. The chapter introduces three problems with how we typically approach ethics, as revealed in our language: compartmentalization, or putting ethics in a box; “essentialization,” or trying to reduce or crystallize ethics in terms of one thing or simple answers; and abstraction, or creating distance (or alienation) between ethical concerns and everyday practices. The chapter then explains seven common dimensions cutting across various understandings of ethics, in order to illustrate just what we mean by “ethics” when we speak about it in a particular way. These dimensions include agency and autonomy, discrimination and choice, motive and purpose, responsibility and relationship, rationality and emotionality, role and identity, and scene and situation. The discussion invokes traditional ethical theories to show how they tend to emphasize certain features over others. This chapter concludes by arguing how Aristotle's idea of eudaimonia, or flourishing, helps bring together reframed notions of virtue with our most cherished life goals.Less
This chapter explores deeply how our common ways of speaking about ethics distract us from a more integrative vision of ethics in our lives. The chapter introduces three problems with how we typically approach ethics, as revealed in our language: compartmentalization, or putting ethics in a box; “essentialization,” or trying to reduce or crystallize ethics in terms of one thing or simple answers; and abstraction, or creating distance (or alienation) between ethical concerns and everyday practices. The chapter then explains seven common dimensions cutting across various understandings of ethics, in order to illustrate just what we mean by “ethics” when we speak about it in a particular way. These dimensions include agency and autonomy, discrimination and choice, motive and purpose, responsibility and relationship, rationality and emotionality, role and identity, and scene and situation. The discussion invokes traditional ethical theories to show how they tend to emphasize certain features over others. This chapter concludes by arguing how Aristotle's idea of eudaimonia, or flourishing, helps bring together reframed notions of virtue with our most cherished life goals.
Peter L. Lindseth
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195390148
- eISBN:
- 9780199866397
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195390148.003.0005
- Subject:
- Law, Constitutional and Administrative Law, Public International Law
This chapter focuses on the effort to translate the judicial dimension of the postwar constitutional settlement into supranational form. The chapter initially summarizes the critical role played by ...
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This chapter focuses on the effort to translate the judicial dimension of the postwar constitutional settlement into supranational form. The chapter initially summarizes the critical role played by the European Court of Justice (ECJ) in the integration process. The focus of the chapter, however, is on the national high courts and their role in legitimizing European integration from the perspective of the postwar constitutional settlement. As this chapter shows, the national high courts have been caught between two competing tendencies: first, between the 1960s and the 1980s, the tendency toward strong deference to the political choice in favor European integration; and second, since the 1990s, with the German Federal Constitutional Court (Bundesverfassungsgericht) at the forefront, the desire to limit that strong deference in their Kompetenz-Kompetenz jurisprudence. This chapter revises conventional understandings of that latter jurisprudence by showing its foundations in normative principles which were central to the postwar constitutional settlement of administrative governance on the national level, notably delegation and mediated legitimacy. This grounding suggests an idea of European governance as less sui generis than normally supposed. Rather, it is seen as a new dimension of the diffusion and fragmentation of regulatory power away from the historically constituted bodies of the nation-state, which remain the locus of democratic and constitutional legitimacy in the European system.Less
This chapter focuses on the effort to translate the judicial dimension of the postwar constitutional settlement into supranational form. The chapter initially summarizes the critical role played by the European Court of Justice (ECJ) in the integration process. The focus of the chapter, however, is on the national high courts and their role in legitimizing European integration from the perspective of the postwar constitutional settlement. As this chapter shows, the national high courts have been caught between two competing tendencies: first, between the 1960s and the 1980s, the tendency toward strong deference to the political choice in favor European integration; and second, since the 1990s, with the German Federal Constitutional Court (Bundesverfassungsgericht) at the forefront, the desire to limit that strong deference in their Kompetenz-Kompetenz jurisprudence. This chapter revises conventional understandings of that latter jurisprudence by showing its foundations in normative principles which were central to the postwar constitutional settlement of administrative governance on the national level, notably delegation and mediated legitimacy. This grounding suggests an idea of European governance as less sui generis than normally supposed. Rather, it is seen as a new dimension of the diffusion and fragmentation of regulatory power away from the historically constituted bodies of the nation-state, which remain the locus of democratic and constitutional legitimacy in the European system.
Mary Donnelly and Claire Murray (eds)
- Published in print:
- 2016
- Published Online:
- May 2016
- ISBN:
- 9780719099465
- eISBN:
- 9781526104410
- Item type:
- book
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719099465.001.0001
- Subject:
- Sociology, Culture
The Irish health system is confronted by a range of challenges, both emerging and recurring. In order to address these, it is essential that spaces are created for conversations around complex ...
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The Irish health system is confronted by a range of challenges, both emerging and recurring. In order to address these, it is essential that spaces are created for conversations around complex ethical and legal issues. This collection aims to provide a basis for ongoing engagement with selected issues in contemporary Irish health contexts. It includes contributions from scholars and practitioners across a range of disciplines, most particularly, ethics, law and medicine. The focus of the collection is interdisciplinary and the essays are situated at the intersection between ethics, law and medicine. Important issues addressed include admission to care homes; assisted suicide; adolescent decision-making; allocation of finite resources; conscientious objection; data protection; decision-making at the end of life; mental health; the rights of older people; patient responsibilities; stem cell research; the role of carers; and reproductive rights. From these discussion, the collection draws out the following interlinking themes, addressing difference; context and care; oversight and decision-making; and, regulating research. The essays are theoretically informed and are grounded in the realities of the Irish health system, by drawing on contributors’ contextual knowledge. This book makes an informed and balanced contribution to academic and broader public discourse.Less
The Irish health system is confronted by a range of challenges, both emerging and recurring. In order to address these, it is essential that spaces are created for conversations around complex ethical and legal issues. This collection aims to provide a basis for ongoing engagement with selected issues in contemporary Irish health contexts. It includes contributions from scholars and practitioners across a range of disciplines, most particularly, ethics, law and medicine. The focus of the collection is interdisciplinary and the essays are situated at the intersection between ethics, law and medicine. Important issues addressed include admission to care homes; assisted suicide; adolescent decision-making; allocation of finite resources; conscientious objection; data protection; decision-making at the end of life; mental health; the rights of older people; patient responsibilities; stem cell research; the role of carers; and reproductive rights. From these discussion, the collection draws out the following interlinking themes, addressing difference; context and care; oversight and decision-making; and, regulating research. The essays are theoretically informed and are grounded in the realities of the Irish health system, by drawing on contributors’ contextual knowledge. This book makes an informed and balanced contribution to academic and broader public discourse.
Julee T. Flood and Terry L. Leap
- Published in print:
- 2018
- Published Online:
- May 2019
- ISBN:
- 9781501728952
- eISBN:
- 9781501728969
- Item type:
- book
- Publisher:
- Cornell University Press
- DOI:
- 10.7591/cornell/9781501728952.001.0001
- Subject:
- Education, Higher and Further Education
Using a risk management framework, the book discusses the landscape of U.S. higher education and faculty employment decisions. Topics include institutional differences, challenges facing colleges and ...
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Using a risk management framework, the book discusses the landscape of U.S. higher education and faculty employment decisions. Topics include institutional differences, challenges facing colleges and universities, the erosion of academic standards, administrative bloat, changing promotion and tenure standards, sexual harassment, and Title IX concerns about campus safety. Attention is also given to the manner in which faculty members are hired and mentored and the decision-making biases that affect the way in which faculty members are granted promotion and tenure. The social psychological aspects of faculty employment decisions have been largely ignored in the literature, and we attempt to shed some light on these issues as we deconstruct promotion and tenure decisions. Traditional legal concepts of contract and employment law are examined as they pertain to hiring, promotion, and tenure decisions along with the cherished, but changing, ideals of free speech, academic freedom, and collegiality that have altered how faculty must deal with the rising tensions of political correctness on campus.Less
Using a risk management framework, the book discusses the landscape of U.S. higher education and faculty employment decisions. Topics include institutional differences, challenges facing colleges and universities, the erosion of academic standards, administrative bloat, changing promotion and tenure standards, sexual harassment, and Title IX concerns about campus safety. Attention is also given to the manner in which faculty members are hired and mentored and the decision-making biases that affect the way in which faculty members are granted promotion and tenure. The social psychological aspects of faculty employment decisions have been largely ignored in the literature, and we attempt to shed some light on these issues as we deconstruct promotion and tenure decisions. Traditional legal concepts of contract and employment law are examined as they pertain to hiring, promotion, and tenure decisions along with the cherished, but changing, ideals of free speech, academic freedom, and collegiality that have altered how faculty must deal with the rising tensions of political correctness on campus.
Mark Bell
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199297849
- eISBN:
- 9780191711565
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199297849.003.0009
- Subject:
- Law, Human Rights and Immigration, EU Law
This chapter examines EU law and policy in the fields of criminal law and criminal justice and considers the extent to which they reflect the objectives of combating racism and promoting ethnic ...
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This chapter examines EU law and policy in the fields of criminal law and criminal justice and considers the extent to which they reflect the objectives of combating racism and promoting ethnic equality. It begins with a detailed scrutiny of the Framework Decision on Racism and Xenophobia adopted in 2008 and the concept of racism which it portrays. It notes how the issue of racism has been incorporated into legal instruments on cross-border judicial cooperation. In contrast, EU funding programmes in the criminal justice area or measures relating to data collection and criminal law have not substantially addressed issues of institutional racism within the criminal justice system.Less
This chapter examines EU law and policy in the fields of criminal law and criminal justice and considers the extent to which they reflect the objectives of combating racism and promoting ethnic equality. It begins with a detailed scrutiny of the Framework Decision on Racism and Xenophobia adopted in 2008 and the concept of racism which it portrays. It notes how the issue of racism has been incorporated into legal instruments on cross-border judicial cooperation. In contrast, EU funding programmes in the criminal justice area or measures relating to data collection and criminal law have not substantially addressed issues of institutional racism within the criminal justice system.
John D. Fluke, Mónica López López, Rami Benbenishty, Erik J. Knorth, and Donald J. Baumann (eds)
- Published in print:
- 2020
- Published Online:
- August 2020
- ISBN:
- 9780190059538
- eISBN:
- 9780190059569
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190059538.001.0001
- Subject:
- Social Work, Children and Families
Professionals working in child welfare and child protection are making decisions with crucial implications for children and families on a daily basis. The types of judgements and decisions they make ...
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Professionals working in child welfare and child protection are making decisions with crucial implications for children and families on a daily basis. The types of judgements and decisions they make vary and include decisions such as whether a child is at risk of significant harm by parents, whether to remove a child from home or to reunify a child with parents after some time in care. These decisions are intended to help achieve the best interests of the child. Unfortunately, they can sometimes also doom children and families unnecessarily to many years of pain and suffering.
Surprisingly, despite the central role of judgments and decision making in professional practice and its deep impact on children and families, child welfare and protection training and research programs have paid little attention to this crucial aspect of practice. Furthermore, although extensive knowledge about professional judgment and decision making has been accumulated in relevant areas, such as medicine, business administration, and economics, little has been done to help transfer and translate this knowledge to the child welfare and protection areas.
This book represents our aspiration to fill this critical gap in the child welfare and protection research agenda, while providing an up-to-date resource for practitioners and policy makers. It is our purpose to provide the reader with the ideas, methods and tools to improve their understanding of how context and decision-maker behaviors affect child welfare and protection decision making, and how such knowledge might lead to improvements in decision-making.Less
Professionals working in child welfare and child protection are making decisions with crucial implications for children and families on a daily basis. The types of judgements and decisions they make vary and include decisions such as whether a child is at risk of significant harm by parents, whether to remove a child from home or to reunify a child with parents after some time in care. These decisions are intended to help achieve the best interests of the child. Unfortunately, they can sometimes also doom children and families unnecessarily to many years of pain and suffering.
Surprisingly, despite the central role of judgments and decision making in professional practice and its deep impact on children and families, child welfare and protection training and research programs have paid little attention to this crucial aspect of practice. Furthermore, although extensive knowledge about professional judgment and decision making has been accumulated in relevant areas, such as medicine, business administration, and economics, little has been done to help transfer and translate this knowledge to the child welfare and protection areas.
This book represents our aspiration to fill this critical gap in the child welfare and protection research agenda, while providing an up-to-date resource for practitioners and policy makers. It is our purpose to provide the reader with the ideas, methods and tools to improve their understanding of how context and decision-maker behaviors affect child welfare and protection decision making, and how such knowledge might lead to improvements in decision-making.
Susan P. Shapiro
- Published in print:
- 2019
- Published Online:
- January 2020
- ISBN:
- 9780226615608
- eISBN:
- 9780226615882
- Item type:
- book
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226615882.001.0001
- Subject:
- Sociology, Gerontology and Ageing
Seventy percent of Americans age 60 or over requiring decisions about medical treatment in the final days of life lack capacity to make these decisions. The biggest life-and-death decisions of their ...
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Seventy percent of Americans age 60 or over requiring decisions about medical treatment in the final days of life lack capacity to make these decisions. The biggest life-and-death decisions of their lives—literally—had to be made by someone else. Yet despite their critical role, we know remarkably little about these surrogate decision makers, the process they follow, the criteria they consider, the choices they make, and the challenges they face. Drawing on observations of two diverse intensive care units, day after day, for more than two years, this book exposes how and why surrogates navigate this grueling role and the impact of the course they fashion. Readers will learn how decision makers are selected, the interventions they weigh in on, the information they seek and evaluate, the values and memories they draw on, the criteria they weigh, the outcomes they choose, the conflicts they become embroiled in, and the challenges they face. Observations also provide insight into why some decision makers authorize one aggressive intervention after the next while others do not—even on behalf of patients with similar problems and prospects. And they expose the limited role of advance directives in structuring the process decision makers follow or the outcomes that result. These findings provide important lessons to future patients, their loved ones and surrogates; those who serve, counsel, or care for those as they near life’s end and their families (physicians, nurses, chaplains, social workers, and lawyers); and scholars, bioethicists, and health policy makers as well.Less
Seventy percent of Americans age 60 or over requiring decisions about medical treatment in the final days of life lack capacity to make these decisions. The biggest life-and-death decisions of their lives—literally—had to be made by someone else. Yet despite their critical role, we know remarkably little about these surrogate decision makers, the process they follow, the criteria they consider, the choices they make, and the challenges they face. Drawing on observations of two diverse intensive care units, day after day, for more than two years, this book exposes how and why surrogates navigate this grueling role and the impact of the course they fashion. Readers will learn how decision makers are selected, the interventions they weigh in on, the information they seek and evaluate, the values and memories they draw on, the criteria they weigh, the outcomes they choose, the conflicts they become embroiled in, and the challenges they face. Observations also provide insight into why some decision makers authorize one aggressive intervention after the next while others do not—even on behalf of patients with similar problems and prospects. And they expose the limited role of advance directives in structuring the process decision makers follow or the outcomes that result. These findings provide important lessons to future patients, their loved ones and surrogates; those who serve, counsel, or care for those as they near life’s end and their families (physicians, nurses, chaplains, social workers, and lawyers); and scholars, bioethicists, and health policy makers as well.
Silvia Scarpa
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199541904
- eISBN:
- 9780191715464
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199541904.003.0006
- Subject:
- Law, Human Rights and Immigration
This chapter discusses the role played by the European Union in the fight against trafficking in persons; the two legislative acts specifically dealing with this phenomenon — the Council Framework ...
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This chapter discusses the role played by the European Union in the fight against trafficking in persons; the two legislative acts specifically dealing with this phenomenon — the Council Framework Decision 2002/629/JHA and the Council Directive 2004/81/EC — are analysed to point out that they did not have victims' human rights as their ultimate goal. In spite of that, the European Conference on Preventing and Combating Trafficking in Human Beings held in 2002 paved the way for a radical change of the EU policy in the field of trafficking in persons. The chapter continues by looking at both the recent European Commission Communication and the Council Action Plan on trafficking in persons which adopted a human rights centred approach. However, this new EU trend has yet to be confirmed by the adoption of legislation on victims' protection. It argues that action in the field of trafficking in human organs and tissues is urgently needed.Less
This chapter discusses the role played by the European Union in the fight against trafficking in persons; the two legislative acts specifically dealing with this phenomenon — the Council Framework Decision 2002/629/JHA and the Council Directive 2004/81/EC — are analysed to point out that they did not have victims' human rights as their ultimate goal. In spite of that, the European Conference on Preventing and Combating Trafficking in Human Beings held in 2002 paved the way for a radical change of the EU policy in the field of trafficking in persons. The chapter continues by looking at both the recent European Commission Communication and the Council Action Plan on trafficking in persons which adopted a human rights centred approach. However, this new EU trend has yet to be confirmed by the adoption of legislation on victims' protection. It argues that action in the field of trafficking in human organs and tissues is urgently needed.
John Paul Ricco
- Published in print:
- 2014
- Published Online:
- September 2014
- ISBN:
- 9780226717777
- eISBN:
- 9780226113371
- Item type:
- book
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226113371.001.0001
- Subject:
- Philosophy, Aesthetics
Based upon his reading of the contemporary French philosopher Jean-Luc Nancy on sense, aesthetics and ethics, in this book John Paul Ricco argues that separation is the archi-spatiality or ...
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Based upon his reading of the contemporary French philosopher Jean-Luc Nancy on sense, aesthetics and ethics, in this book John Paul Ricco argues that separation is the archi-spatiality or spaciousness of existence; that aesthetics is the technique and praxis for sustaining a standing in this groundless ground; and that the ethical is the decision of this stance, and of partaking and sharing in this scene of separated spacing with other people and things. By discussing various works of modern and contemporary art, literature and philosophy including Robert Rauschenberg's Erased DeKooning Drawing to Felix Gonzalez-Torres’ candy piles and paper stacks, Marguerite Duras’ The Malady of Death, and Roland Barthes’ Camera Lucida, Ricco theorizes various ways in which shared-separation—as the source and sense of existence—is aesthetically presented and sustained as the scene of ethical decision between us. In its three-part division, the book begins with anonymous scenes of drawing and erasing, intrusion and encounter (Part One: “Name No One”), then moves to what are theorized as “naked images” and scenes staged by outstretched and extended bodies in their shared naked exposure to the outside and non-knowledge (Part Two: “Naked”), and then to scenes of exposure to the anteriority of loss, withdrawal and retreat in photography, and amongst the offering of and partaking in, the infinite expenditure of readymade things (Part Three: “Neutral and Unbecoming”).Less
Based upon his reading of the contemporary French philosopher Jean-Luc Nancy on sense, aesthetics and ethics, in this book John Paul Ricco argues that separation is the archi-spatiality or spaciousness of existence; that aesthetics is the technique and praxis for sustaining a standing in this groundless ground; and that the ethical is the decision of this stance, and of partaking and sharing in this scene of separated spacing with other people and things. By discussing various works of modern and contemporary art, literature and philosophy including Robert Rauschenberg's Erased DeKooning Drawing to Felix Gonzalez-Torres’ candy piles and paper stacks, Marguerite Duras’ The Malady of Death, and Roland Barthes’ Camera Lucida, Ricco theorizes various ways in which shared-separation—as the source and sense of existence—is aesthetically presented and sustained as the scene of ethical decision between us. In its three-part division, the book begins with anonymous scenes of drawing and erasing, intrusion and encounter (Part One: “Name No One”), then moves to what are theorized as “naked images” and scenes staged by outstretched and extended bodies in their shared naked exposure to the outside and non-knowledge (Part Two: “Naked”), and then to scenes of exposure to the anteriority of loss, withdrawal and retreat in photography, and amongst the offering of and partaking in, the infinite expenditure of readymade things (Part Three: “Neutral and Unbecoming”).
Clive Diaz
- Published in print:
- 2020
- Published Online:
- January 2021
- ISBN:
- 9781447354444
- eISBN:
- 9781447354468
- Item type:
- book
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781447354444.001.0001
- Subject:
- Social Work, Children and Families
This book presents new research on the extent to which parents and children participate in decision making when childcare social workers are involved and it considers two key meetings in depth: child ...
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This book presents new research on the extent to which parents and children participate in decision making when childcare social workers are involved and it considers two key meetings in depth: child protection conferences and child in care reviews.
There is currently a great deal of interest in how social workers can work more effectively with families and in particular give children a voice. There is also considerable public and media interest in the child protection system, in particular relating to how children are safeguarded by social workers. This book will argue that unless we listen to (and act upon whenever possible) the views of children it is very difficult to safeguard and offer them an effective service.
The unique selling point of the book will be that it is based on original solid empirical research following interviews with multiple stakeholders across two local authorities in England including children (n=75), parents (n=52), social workers (n=11, independent reviewing officers (n=8) and senior managers (n=7).
This book will consider how 10 years of austerity has impacted on the child protection system and it will have a particular focus on how current practice leads to children and parents often feeling oppressed and excluded in decision making about their lives. The book promises to be authoritative and informed on issues on the ground and very relevant to both policy and practice.Less
This book presents new research on the extent to which parents and children participate in decision making when childcare social workers are involved and it considers two key meetings in depth: child protection conferences and child in care reviews.
There is currently a great deal of interest in how social workers can work more effectively with families and in particular give children a voice. There is also considerable public and media interest in the child protection system, in particular relating to how children are safeguarded by social workers. This book will argue that unless we listen to (and act upon whenever possible) the views of children it is very difficult to safeguard and offer them an effective service.
The unique selling point of the book will be that it is based on original solid empirical research following interviews with multiple stakeholders across two local authorities in England including children (n=75), parents (n=52), social workers (n=11, independent reviewing officers (n=8) and senior managers (n=7).
This book will consider how 10 years of austerity has impacted on the child protection system and it will have a particular focus on how current practice leads to children and parents often feeling oppressed and excluded in decision making about their lives. The book promises to be authoritative and informed on issues on the ground and very relevant to both policy and practice.
Mary Keys
- Published in print:
- 2016
- Published Online:
- May 2016
- ISBN:
- 9780719099465
- eISBN:
- 9781526104410
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719099465.003.0008
- Subject:
- Sociology, Culture
This chapter identifies the area of decision-making as central to the protection of older people. It addresses the recognition of legal capacity as a central issue to avoid choices being ignored and ...
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This chapter identifies the area of decision-making as central to the protection of older people. It addresses the recognition of legal capacity as a central issue to avoid choices being ignored and not respected. The chapter discusses some of the law and policy reforms necessary to meet international human rights standards, as set out in the Convention on the Rights of Persons with Disabilities and the European Convention on Human Rights. Lessons from research in other jurisdictions are highlighted to avoid the pitfalls identified from similar law reform elsewhere.Less
This chapter identifies the area of decision-making as central to the protection of older people. It addresses the recognition of legal capacity as a central issue to avoid choices being ignored and not respected. The chapter discusses some of the law and policy reforms necessary to meet international human rights standards, as set out in the Convention on the Rights of Persons with Disabilities and the European Convention on Human Rights. Lessons from research in other jurisdictions are highlighted to avoid the pitfalls identified from similar law reform elsewhere.
Mary Donnelly
- Published in print:
- 2016
- Published Online:
- May 2016
- ISBN:
- 9780719099465
- eISBN:
- 9781526104410
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719099465.003.0016
- Subject:
- Sociology, Culture
This chapter examines the legal context within which decisions about the end of life are made. It argues that an ethical approach to end-of-life care must be centred on the dying person and that ...
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This chapter examines the legal context within which decisions about the end of life are made. It argues that an ethical approach to end-of-life care must be centred on the dying person and that finding ways to ensure that this person’s voice is heard must be core to the development of legal frameworks. In this respect, the law has, to date, been inadequate. It explores the ways decisions about the end of life are made in Ireland and identifies likely changes, including an increased formalisation of dying. Drawing on experiences from the United States and the United Kingdom, it develops arguments regarding the most appropriate decision-making structures within which to consider difficult questions around end-of-life care.Less
This chapter examines the legal context within which decisions about the end of life are made. It argues that an ethical approach to end-of-life care must be centred on the dying person and that finding ways to ensure that this person’s voice is heard must be core to the development of legal frameworks. In this respect, the law has, to date, been inadequate. It explores the ways decisions about the end of life are made in Ireland and identifies likely changes, including an increased formalisation of dying. Drawing on experiences from the United States and the United Kingdom, it develops arguments regarding the most appropriate decision-making structures within which to consider difficult questions around end-of-life care.
Nina Holm Vohnsen
- Published in print:
- 2017
- Published Online:
- January 2018
- ISBN:
- 9781526101341
- eISBN:
- 9781526128539
- Item type:
- book
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9781526101341.001.0001
- Subject:
- Political Science, Public Policy
The absurdity of bureaucracy offers an ethnographic portrayal of an attempt to make and implement evidence-based policy set in the Danish labour market system in 2009. It departs from the author’s ...
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The absurdity of bureaucracy offers an ethnographic portrayal of an attempt to make and implement evidence-based policy set in the Danish labour market system in 2009. It departs from the author’s puzzlement that the civil servants she met during her research would maintain a double stance towards their work; they were convinced they were in the process of constantly improving the welfare system while at the same time they found the outcome of their decisions and the system they constructed in the process deeply absurd. The main protagonist of the book is the randomized controlled trial Active – Back Sooner which was a central component of the Danish Government’s Action Plan on Sickness Benefit meant to reduce to the cost of sickness benefit and to secure the ‘active labour force’. It is the continuous planning and disintegration of this effort and the myriad of decisions made in relation to it that is the primary object of empirical portraiture and theoretical discussion. Based on 12 months of participant observation and ethnographic interviewing in the Danish Ministry of Employment and one of the implementing municipalities the book documents how rejected reasons and alleyways of action return to haunt the decision-makers (be they caseworkers, the government administration, or politicians) creating an absurd world of contradictions and dilemmas. The book documents how ‘going wrong’ is built into the very nature of decision-making and suggests that the analysis of absurdity is central to any understanding of how policy develops and how implementation works.Less
The absurdity of bureaucracy offers an ethnographic portrayal of an attempt to make and implement evidence-based policy set in the Danish labour market system in 2009. It departs from the author’s puzzlement that the civil servants she met during her research would maintain a double stance towards their work; they were convinced they were in the process of constantly improving the welfare system while at the same time they found the outcome of their decisions and the system they constructed in the process deeply absurd. The main protagonist of the book is the randomized controlled trial Active – Back Sooner which was a central component of the Danish Government’s Action Plan on Sickness Benefit meant to reduce to the cost of sickness benefit and to secure the ‘active labour force’. It is the continuous planning and disintegration of this effort and the myriad of decisions made in relation to it that is the primary object of empirical portraiture and theoretical discussion. Based on 12 months of participant observation and ethnographic interviewing in the Danish Ministry of Employment and one of the implementing municipalities the book documents how rejected reasons and alleyways of action return to haunt the decision-makers (be they caseworkers, the government administration, or politicians) creating an absurd world of contradictions and dilemmas. The book documents how ‘going wrong’ is built into the very nature of decision-making and suggests that the analysis of absurdity is central to any understanding of how policy develops and how implementation works.
José M. Bernardo
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199694587
- eISBN:
- 9780191731921
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199694587.003.0001
- Subject:
- Mathematics, Probability / Statistics
The complete final product of Bayesian inference is the posterior distribution of the quantity of interest. Important inference summaries include point estimation, region estimation and precise ...
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The complete final product of Bayesian inference is the posterior distribution of the quantity of interest. Important inference summaries include point estimation, region estimation and precise hypotheses testing. Those summaries may appropriately be described as the solution to specific decision problems which depend on the particular loss function chosen. The use of a continuous loss function leads to an integrated set of solutions where the same prior distribution may be used throughout. Objective Bayesian methods are those which use a prior distribution which only depends on the assumed model and the quantity of interest. As a consequence, objective Bayesian methods produce results which only depend on the assumed model and the data obtained. The combined use of intrinsic discrepancy, an invariant information‐based loss function, and appropriately defined reference priors, provides an integrated objective Bayesian solution to both estimation and hypothesis testing problems. The ideas are illustrated with a large collection of non‐trivial examples.Less
The complete final product of Bayesian inference is the posterior distribution of the quantity of interest. Important inference summaries include point estimation, region estimation and precise hypotheses testing. Those summaries may appropriately be described as the solution to specific decision problems which depend on the particular loss function chosen. The use of a continuous loss function leads to an integrated set of solutions where the same prior distribution may be used throughout. Objective Bayesian methods are those which use a prior distribution which only depends on the assumed model and the quantity of interest. As a consequence, objective Bayesian methods produce results which only depend on the assumed model and the data obtained. The combined use of intrinsic discrepancy, an invariant information‐based loss function, and appropriately defined reference priors, provides an integrated objective Bayesian solution to both estimation and hypothesis testing problems. The ideas are illustrated with a large collection of non‐trivial examples.
Herman Philipse
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199697533
- eISBN:
- 9780191738470
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199697533.003.0016
- Subject:
- Philosophy, Philosophy of Religion, Metaphysics/Epistemology
After a brief overview of the book, its main conclusions are stated. 1. Theism is not a meaningful theory. So we should become particular semantic atheists. 2. If we assume for the sake of argument ...
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After a brief overview of the book, its main conclusions are stated. 1. Theism is not a meaningful theory. So we should become particular semantic atheists. 2. If we assume for the sake of argument that theism is a meaningful theory, it has no predictive power with regard to any existing evidence. Because the truth of theism is improbable given the scientific background knowledge concerning the dependence of mental life on brain processes, we should become strong particular atheists. 3. If we assume for the sake of argument that theism not only is meaningful but also has predictive power, we should become strong particular atheists as well, because the empirical arguments against theism outweigh the arguments that support it, and theism is improbable on our background knowledge. If we assume that either (1) or (2, 3) apply mutatis mutandis to all other gods that humanity has worshipped or still reveres, the ultimate conclusion of the book is that if we aim at being reasonable and intellectually conscientious, we should become strong disjunctive universal atheists.Less
After a brief overview of the book, its main conclusions are stated. 1. Theism is not a meaningful theory. So we should become particular semantic atheists. 2. If we assume for the sake of argument that theism is a meaningful theory, it has no predictive power with regard to any existing evidence. Because the truth of theism is improbable given the scientific background knowledge concerning the dependence of mental life on brain processes, we should become strong particular atheists. 3. If we assume for the sake of argument that theism not only is meaningful but also has predictive power, we should become strong particular atheists as well, because the empirical arguments against theism outweigh the arguments that support it, and theism is improbable on our background knowledge. If we assume that either (1) or (2, 3) apply mutatis mutandis to all other gods that humanity has worshipped or still reveres, the ultimate conclusion of the book is that if we aim at being reasonable and intellectually conscientious, we should become strong disjunctive universal atheists.
Tadej Brezina, Ulrich Leth, and Helmut Lemmerer
Peter Cox and Till Koglin (eds)
- Published in print:
- 2020
- Published Online:
- September 2020
- ISBN:
- 9781447345152
- eISBN:
- 9781447345640
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781447345152.003.0005
- Subject:
- Political Science, Environmental Politics
Deriving from extensive analysis of quantitative survey data in Austria, this chapter focuses on the importance that inherited presuppositions play in the processes of planning and implementation. In ...
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Deriving from extensive analysis of quantitative survey data in Austria, this chapter focuses on the importance that inherited presuppositions play in the processes of planning and implementation. In a majority of European countries, cycling is considered to play a significant role in a sustainable urban transport system, after decades of car dominance captivating the thoughts and actions of decision-makers and thus appears in transport policy documents ranging from local to national level. However, when actual measures are implemented, mental barriers of decision makers surface and this often leads to suboptimal results. Mental barriers are shown most clearly in resistance to innovation adoption, a phenomenon well documented in social science. In this context, the resistance to innovation adoption causes reservations and limiting beliefs that hinder decision-makers in the introduction of suitable solutions for everyday and every-use cycling. The chapter addresses quantitatively two primary questions relating to mental barriers clearly revealed in the analysis of planning processes: of what are mental barriers comprised, and where do they exist? Our quantitative exploration points the way towards two possible approaches to overcome mental barriers: social pressure upon and self-experience by decision-makers.Less
Deriving from extensive analysis of quantitative survey data in Austria, this chapter focuses on the importance that inherited presuppositions play in the processes of planning and implementation. In a majority of European countries, cycling is considered to play a significant role in a sustainable urban transport system, after decades of car dominance captivating the thoughts and actions of decision-makers and thus appears in transport policy documents ranging from local to national level. However, when actual measures are implemented, mental barriers of decision makers surface and this often leads to suboptimal results. Mental barriers are shown most clearly in resistance to innovation adoption, a phenomenon well documented in social science. In this context, the resistance to innovation adoption causes reservations and limiting beliefs that hinder decision-makers in the introduction of suitable solutions for everyday and every-use cycling. The chapter addresses quantitatively two primary questions relating to mental barriers clearly revealed in the analysis of planning processes: of what are mental barriers comprised, and where do they exist? Our quantitative exploration points the way towards two possible approaches to overcome mental barriers: social pressure upon and self-experience by decision-makers.
Ronny Regev
- Published in print:
- 2018
- Published Online:
- May 2019
- ISBN:
- 9781469636504
- eISBN:
- 9781469636771
- Item type:
- chapter
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/northcarolina/9781469636504.003.0008
- Subject:
- History, American History: 20th Century
The final chapter follows the decline of the studio system. Toward the late 1940s, political and economic factors such as the rise of television and changes in the tax code, pushed film production ...
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The final chapter follows the decline of the studio system. Toward the late 1940s, political and economic factors such as the rise of television and changes in the tax code, pushed film production away from the studio system and towards a system based more and more on “spot production” or separate deals. Furthermore, the Paramount decision handed down by the Supreme Court ended vertical integration and eroded the power of the major film companies. Changes in labor practices followed, as demonstrated by the career of actors like Gino Corrado and producers like Hal Wallis. As the “stock-company” model ended, and the number of long-term contracts declined, new forces, particularly talent agents such as Lew Wasserman became the power brokers of the new Hollywood.Less
The final chapter follows the decline of the studio system. Toward the late 1940s, political and economic factors such as the rise of television and changes in the tax code, pushed film production away from the studio system and towards a system based more and more on “spot production” or separate deals. Furthermore, the Paramount decision handed down by the Supreme Court ended vertical integration and eroded the power of the major film companies. Changes in labor practices followed, as demonstrated by the career of actors like Gino Corrado and producers like Hal Wallis. As the “stock-company” model ended, and the number of long-term contracts declined, new forces, particularly talent agents such as Lew Wasserman became the power brokers of the new Hollywood.
William M Gordon
- Published in print:
- 2007
- Published Online:
- September 2012
- ISBN:
- 9780748625161
- eISBN:
- 9780748671571
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748625161.003.0020
- Subject:
- Law, Legal History
This article considers briefly the emergence of a judicial council which lies behind the creation of the Court of Session in 1532 and the acta which record their work. So-called decision Practicks ...
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This article considers briefly the emergence of a judicial council which lies behind the creation of the Court of Session in 1532 and the acta which record their work. So-called decision Practicks begin with Sinclair in 1540 recording contemporary decisions but digest Practicks record decisions which seem to have been collected in a register referred to by Balfour. This register does not seem to have been a contemporary record, at least for the earliest cases, and the arrangement appears to have been chronological with the entries derived from the recorded acta which have been preserved.Less
This article considers briefly the emergence of a judicial council which lies behind the creation of the Court of Session in 1532 and the acta which record their work. So-called decision Practicks begin with Sinclair in 1540 recording contemporary decisions but digest Practicks record decisions which seem to have been collected in a register referred to by Balfour. This register does not seem to have been a contemporary record, at least for the earliest cases, and the arrangement appears to have been chronological with the entries derived from the recorded acta which have been preserved.
Christopher Watkin
- Published in print:
- 2011
- Published Online:
- September 2012
- ISBN:
- 9780748640577
- eISBN:
- 9780748671793
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748640577.003.0006
- Subject:
- Philosophy, Philosophy of Religion
Chapters 5 and 6 take the debate concerning the post-theological into the realm of justice, seeking to discern the contours of a post-theological politics. Chapter 5 discusses the criteriology of any ...
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Chapters 5 and 6 take the debate concerning the post-theological into the realm of justice, seeking to discern the contours of a post-theological politics. Chapter 5 discusses the criteriology of any possible relation between Badiou’s ‘atheism’, Nancy’s ‘atheology’ or Meillassoux’s ‘philosophy’ and any ethics or politics whatsoever, opening the question of justice. Each position tries to negotiate the dangers posed by atheistic asceticism and parasitism respectively, Meillassoux through his notion of hyperchaos and the evocation of faith in the god who inexists, Nancy through the linked ideas of ethos and the call, and Badiou through subtraction, decision and wager. Though the question of the criteriology of the political is partially addressed by each position, there is in each case a weakness that leaves the respective political commitments ultimately undernourished by the post-theological thinking in which they take root.Less
Chapters 5 and 6 take the debate concerning the post-theological into the realm of justice, seeking to discern the contours of a post-theological politics. Chapter 5 discusses the criteriology of any possible relation between Badiou’s ‘atheism’, Nancy’s ‘atheology’ or Meillassoux’s ‘philosophy’ and any ethics or politics whatsoever, opening the question of justice. Each position tries to negotiate the dangers posed by atheistic asceticism and parasitism respectively, Meillassoux through his notion of hyperchaos and the evocation of faith in the god who inexists, Nancy through the linked ideas of ethos and the call, and Badiou through subtraction, decision and wager. Though the question of the criteriology of the political is partially addressed by each position, there is in each case a weakness that leaves the respective political commitments ultimately undernourished by the post-theological thinking in which they take root.
Christopher Watkin
- Published in print:
- 2011
- Published Online:
- September 2012
- ISBN:
- 9780748640577
- eISBN:
- 9780748671793
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748640577.003.0008
- Subject:
- Philosophy, Philosophy of Religion
The concluding chapter argues that the differences identified between the three post-theological positions represented by Badiou, Nancy and Meillassoux take us to the heart of what is at stake in the ...
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The concluding chapter argues that the differences identified between the three post-theological positions represented by Badiou, Nancy and Meillassoux take us to the heart of what is at stake in the divergence of fundamental orientations in French thought today, namely the divergence between Badiou’s axiom and Idea, Nancy’s deconstruction and the ‘yet without’, and Meillassoux’s demonstration and factiality. For Nancy, post-theological thinking demands an atheology that disengages from the logic of principles and ends; for Badiou an atheism of the Idea must overcome the parasitic One and ascetic finitude with an axiomatised mathematical ontology for which nothing is inaccessible; for Meillassoux the attempt to demonstrate the principle of factiality seeks to liberate him from imitative atheism, while the ‘philosophical divine’ seeks to found a radical hope for future justice on hyperchaos. The conclusion finishes with a meditation on the fundamental orientation of each of the three thinkers, characterised as Badiouian decision, Nancean dis-enclosure and Meillassouxian demonstration.Less
The concluding chapter argues that the differences identified between the three post-theological positions represented by Badiou, Nancy and Meillassoux take us to the heart of what is at stake in the divergence of fundamental orientations in French thought today, namely the divergence between Badiou’s axiom and Idea, Nancy’s deconstruction and the ‘yet without’, and Meillassoux’s demonstration and factiality. For Nancy, post-theological thinking demands an atheology that disengages from the logic of principles and ends; for Badiou an atheism of the Idea must overcome the parasitic One and ascetic finitude with an axiomatised mathematical ontology for which nothing is inaccessible; for Meillassoux the attempt to demonstrate the principle of factiality seeks to liberate him from imitative atheism, while the ‘philosophical divine’ seeks to found a radical hope for future justice on hyperchaos. The conclusion finishes with a meditation on the fundamental orientation of each of the three thinkers, characterised as Badiouian decision, Nancean dis-enclosure and Meillassouxian demonstration.
