Loriliai Biernacki
- Published in print:
- 2008
- Published Online:
- September 2007
- ISBN:
- 9780195327823
- eISBN:
- 9780199785520
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195327823.003.0002
- Subject:
- Religion, Hinduism
This chapter addresses women's roles in Tantra, examining how and whether women function as actors within Tantric rites or to what degree they function merely as objects of male desire. This chapter ...
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This chapter addresses women's roles in Tantra, examining how and whether women function as actors within Tantric rites or to what degree they function merely as objects of male desire. This chapter argues that Tantric texts are varied, offering a multiplicity of views. Particularly, this chapter presents evidence from Tantric sources associated with the Northeast region of India in the fifteenth through eighteenth centuries for a particular Tantric tradition that accords women respect and in which we find women as gurus and initiates. This chapter proposes that the model for understanding the veneration of women in these texts finds a parallel in the veneration of the Brahmin, where women in these texts are by analogy likened to Brahmins.Less
This chapter addresses women's roles in Tantra, examining how and whether women function as actors within Tantric rites or to what degree they function merely as objects of male desire. This chapter argues that Tantric texts are varied, offering a multiplicity of views. Particularly, this chapter presents evidence from Tantric sources associated with the Northeast region of India in the fifteenth through eighteenth centuries for a particular Tantric tradition that accords women respect and in which we find women as gurus and initiates. This chapter proposes that the model for understanding the veneration of women in these texts finds a parallel in the veneration of the Brahmin, where women in these texts are by analogy likened to Brahmins.
R. A. W. Rhodes, John Wanna, and Patrick Weller
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199563494
- eISBN:
- 9780191722721
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199563494.003.0005
- Subject:
- Political Science, Comparative Politics, UK Politics
This chapter examines how elite political actors are held to account. It examines collective responsibility, individual ministerial responsibility, and their personal accountability for actions not ...
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This chapter examines how elite political actors are held to account. It examines collective responsibility, individual ministerial responsibility, and their personal accountability for actions not directly related to their duties as ministers. Governments confronted the dilemmas posed by the arrival of ‘responsible party government’. The constitutional conventions creaked under the impact of party self-interest. The shared responses to improvise to meet whatever political exigencies confronted the government. So, notions of cabinet solidarity were relaxed to accommodate dissent, ministerial resignations became prime ministerial tactical calculations of political dispensability, and prime ministers found other ways to renew their ministries to ensure turnover. However, such improvization prompted outrage, and calls for a return to responsible government. So, governments sought refuge in new codes. Today, we still operate with ‘heroic’ notions of ministers, yet they are embedded in a web of accountabilities, constantly negotiating their way through overlapping and multiple demands.Less
This chapter examines how elite political actors are held to account. It examines collective responsibility, individual ministerial responsibility, and their personal accountability for actions not directly related to their duties as ministers. Governments confronted the dilemmas posed by the arrival of ‘responsible party government’. The constitutional conventions creaked under the impact of party self-interest. The shared responses to improvise to meet whatever political exigencies confronted the government. So, notions of cabinet solidarity were relaxed to accommodate dissent, ministerial resignations became prime ministerial tactical calculations of political dispensability, and prime ministers found other ways to renew their ministries to ensure turnover. However, such improvization prompted outrage, and calls for a return to responsible government. So, governments sought refuge in new codes. Today, we still operate with ‘heroic’ notions of ministers, yet they are embedded in a web of accountabilities, constantly negotiating their way through overlapping and multiple demands.
Desmond King
- Published in print:
- 1997
- Published Online:
- November 2003
- ISBN:
- 9780198292494
- eISBN:
- 9780191599682
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019829249X.003.0003
- Subject:
- Political Science, American Politics
King explains how segregated race relations, tolerated by the federal government, facilitated discrimination and inequality of treatment for Black Americans in federal departments and agencies. He ...
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King explains how segregated race relations, tolerated by the federal government, facilitated discrimination and inequality of treatment for Black Americans in federal departments and agencies. He focuses particularly on the two decades after Franklin Roosevelt's 1932 election and the effects of wartime mobilization. Moreover, King presents an occupational profile of the almost universally lowly positions attained by Black employees in government, and uses hearings from the Fair Employment Practice Committee (FEPC) and its successor bodies to examine how discrimination flourished and persisted within the ‘separate but equal’ framework.Less
King explains how segregated race relations, tolerated by the federal government, facilitated discrimination and inequality of treatment for Black Americans in federal departments and agencies. He focuses particularly on the two decades after Franklin Roosevelt's 1932 election and the effects of wartime mobilization. Moreover, King presents an occupational profile of the almost universally lowly positions attained by Black employees in government, and uses hearings from the Fair Employment Practice Committee (FEPC) and its successor bodies to examine how discrimination flourished and persisted within the ‘separate but equal’ framework.
Haleh Liza Gafori
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780231170222
- eISBN:
- 9780231540124
- Item type:
- chapter
- Publisher:
- Columbia University Press
- DOI:
- 10.7312/columbia/9780231170222.003.0002
- Subject:
- Philosophy, Moral Philosophy
A poem by Haleh Liza Gafori that criticizes the language of the so-called War on Teror.
A poem by Haleh Liza Gafori that criticizes the language of the so-called War on Teror.
Derek Auchie and Alisa Carmichael
- Published in print:
- 2009
- Published Online:
- May 2020
- ISBN:
- 9781845860226
- eISBN:
- 9781474406291
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781845860226.001.0001
- Subject:
- Law, Medical Law
This unique text provides an authoritative and practical commentary on the practice and procedure of the new Mental Health Tribunal for Scotland. A full review of the Mental Health Tribunal for ...
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This unique text provides an authoritative and practical commentary on the practice and procedure of the new Mental Health Tribunal for Scotland. A full review of the Mental Health Tribunal for Scotland (Practice and Procedure) (No 2) Rules 2005 is conducted, as well as a detailed examination of the relevant provisions of the Mental Health (Care and Treatment) (Scotland) Act 2003.
The authors, both Legal Members of the Tribunal, draw upon their own experiences in convening Tribunal hearings, as well as the experiences of other members, making this text an invaluable practical tool for anyone involved at any level of the Tribunal process.Less
This unique text provides an authoritative and practical commentary on the practice and procedure of the new Mental Health Tribunal for Scotland. A full review of the Mental Health Tribunal for Scotland (Practice and Procedure) (No 2) Rules 2005 is conducted, as well as a detailed examination of the relevant provisions of the Mental Health (Care and Treatment) (Scotland) Act 2003.
The authors, both Legal Members of the Tribunal, draw upon their own experiences in convening Tribunal hearings, as well as the experiences of other members, making this text an invaluable practical tool for anyone involved at any level of the Tribunal process.
Nathan Hofer
- Published in print:
- 2015
- Published Online:
- May 2020
- ISBN:
- 9780748694211
- eISBN:
- 9781474416115
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748694211.003.0007
- Subject:
- Religion, Islam
In the previous two chapters I characterised the early Shādhilī collectivity as a textual community that traced its unique Sufi identity to the †arīqa of Abū l-Óasan al-Shādhilī. After the deaths of ...
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In the previous two chapters I characterised the early Shādhilī collectivity as a textual community that traced its unique Sufi identity to the †arīqa of Abū l-Óasan al-Shādhilī. After the deaths of al-Shādhilī and Abū l-ʿAbbās al-Mursī this †arīqa was disseminated in Egypt primarily through Ibn ʿA†āʾ Allāh al-Iskandarī’s discursive construction across several different texts, especially La†āʾif al-minan, and through his public preaching. It was the subsequent repetition and collective performance of that †arīqa that institutionalised the eponymous identity of al-Shādhilī and constituted the institutionalised social field from which the Shādhilī †āʾifa developed. In Chapter 3 I argued that it was largely the efforts of the state– the rulers and the Sufis of the khānqāh–
which brought their form of Sufism to the urban populace of
Cairo. It was principally in public spaces that they collectively produced and popularised a culture of Sufism accessible across multiple strata of society. Key to my understanding of the processes of popularisation is this notion of mass or large-scale cultural production, which is necessarily collective and happens at multiple social sites. Therefore, given the widespread popularity of the Shādhilī †arīqa and subsequent †āʾifa, we must ask a similar question.Less
In the previous two chapters I characterised the early Shādhilī collectivity as a textual community that traced its unique Sufi identity to the †arīqa of Abū l-Óasan al-Shādhilī. After the deaths of al-Shādhilī and Abū l-ʿAbbās al-Mursī this †arīqa was disseminated in Egypt primarily through Ibn ʿA†āʾ Allāh al-Iskandarī’s discursive construction across several different texts, especially La†āʾif al-minan, and through his public preaching. It was the subsequent repetition and collective performance of that †arīqa that institutionalised the eponymous identity of al-Shādhilī and constituted the institutionalised social field from which the Shādhilī †āʾifa developed. In Chapter 3 I argued that it was largely the efforts of the state– the rulers and the Sufis of the khānqāh–
which brought their form of Sufism to the urban populace of
Cairo. It was principally in public spaces that they collectively produced and popularised a culture of Sufism accessible across multiple strata of society. Key to my understanding of the processes of popularisation is this notion of mass or large-scale cultural production, which is necessarily collective and happens at multiple social sites. Therefore, given the widespread popularity of the Shādhilī †arīqa and subsequent †āʾifa, we must ask a similar question.
Hent de Vries and Nils Schott (eds)
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780231170222
- eISBN:
- 9780231540124
- Item type:
- book
- Publisher:
- Columbia University Press
- DOI:
- 10.7312/columbia/9780231170222.001.0001
- Subject:
- Philosophy, Moral Philosophy
One can love and not forgive or out of love decide not to forgive. Or one can forgive but not love, or choose to forgive but not love the ones forgiven. Love and forgiveness follow parallel and ...
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One can love and not forgive or out of love decide not to forgive. Or one can forgive but not love, or choose to forgive but not love the ones forgiven. Love and forgiveness follow parallel and largely independent paths, a truth we fail to acknowledge when we pressure others to both love and forgive. Individuals in conflict, sparring social and ethnic groups, warring religious communities, and insecure nations often do not need to pursue love and forgiveness to achieve peace of mind and heart. They need to remain attentive to the needs of others, an alertness that prompts either love or forgiveness to respond. By reorienting our perception of these enduring phenomena, the contributors to this volume inspire new applications for love and forgiveness in an increasingly globalized and no longer quite secular world. With contributions by the renowned French philosophers Jacques Derrida and Jean-Luc Marion, the poet Haleh Liza Gafori, and scholars of religion (Leora Batnitzky, Nils F. Schott, Hent de Vries), psychoanalysis (Albert Mason, Orna Ophir), Islamic and political philosophy (Sari Nusseibeh), and the Bible and literature (Regina Schwartz), this anthology reconstructs the historical and conceptual lineage of love and forgiveness and their fraught relationship over time. By examining how we have used—and misused—these concepts, the authors advance a better understanding of their ability to unite different individuals and emerging groups around a shared engagement for freedom and equality, peace and solidarity.Less
One can love and not forgive or out of love decide not to forgive. Or one can forgive but not love, or choose to forgive but not love the ones forgiven. Love and forgiveness follow parallel and largely independent paths, a truth we fail to acknowledge when we pressure others to both love and forgive. Individuals in conflict, sparring social and ethnic groups, warring religious communities, and insecure nations often do not need to pursue love and forgiveness to achieve peace of mind and heart. They need to remain attentive to the needs of others, an alertness that prompts either love or forgiveness to respond. By reorienting our perception of these enduring phenomena, the contributors to this volume inspire new applications for love and forgiveness in an increasingly globalized and no longer quite secular world. With contributions by the renowned French philosophers Jacques Derrida and Jean-Luc Marion, the poet Haleh Liza Gafori, and scholars of religion (Leora Batnitzky, Nils F. Schott, Hent de Vries), psychoanalysis (Albert Mason, Orna Ophir), Islamic and political philosophy (Sari Nusseibeh), and the Bible and literature (Regina Schwartz), this anthology reconstructs the historical and conceptual lineage of love and forgiveness and their fraught relationship over time. By examining how we have used—and misused—these concepts, the authors advance a better understanding of their ability to unite different individuals and emerging groups around a shared engagement for freedom and equality, peace and solidarity.
Anita Chari
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780231173896
- eISBN:
- 9780231540384
- Item type:
- chapter
- Publisher:
- Columbia University Press
- DOI:
- 10.7312/columbia/9780231173896.003.0006
- Subject:
- Philosophy, Political Philosophy
This chapter turns to Theodor Adorno’s aesthetic theory of reification for a more embodied approach to critique. The chapter argues that Adorno's aesthetic theory, perhaps despite himself, provides ...
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This chapter turns to Theodor Adorno’s aesthetic theory of reification for a more embodied approach to critique. The chapter argues that Adorno's aesthetic theory, perhaps despite himself, provides one crucial strategy for dereified praxis, the notion of the “defetishizing fetish,” an artwork that acts a kind of Trojan Horse, a homeopathic assault upon forms of domination in neoliberal society.Less
This chapter turns to Theodor Adorno’s aesthetic theory of reification for a more embodied approach to critique. The chapter argues that Adorno's aesthetic theory, perhaps despite himself, provides one crucial strategy for dereified praxis, the notion of the “defetishizing fetish,” an artwork that acts a kind of Trojan Horse, a homeopathic assault upon forms of domination in neoliberal society.
Louis Blom-Cooper
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199532711
- eISBN:
- 9780191705489
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199532711.003.0009
- Subject:
- Law, Legal History
This chapter focuses on the Practice Statement by the Lord Chancellor (Lord Gardiner) and the Lords of Appeal in Ordinary on July 26, 1996, before judgments were given in the House of Lords, which ...
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This chapter focuses on the Practice Statement by the Lord Chancellor (Lord Gardiner) and the Lords of Appeal in Ordinary on July 26, 1996, before judgments were given in the House of Lords, which dropped a pebble into the judicial pool that produced not merely a few ripples but also a seismic wave in English juridical thinking. It is argued that the experience of the Practice Statement in 1966 dispelled whatever was left of the myth that judges do not make law. At the same time it has had a profound effect on the psyche of appellate judges, such that the Court of Appeal might now be enticed to follow suit, at least in the Civil Division, where it has become effectively the final court of appeal in private law litigation. The sharpening of awareness of the creativity of the appellate task, and consequentially a more overt concern with the search for a more just rule, as well as the discarding of some forensic deadwood, cannot sensibly be confined to the judges in the final court of appeal. The phenomenon should extend to the intermediate appellate court.Less
This chapter focuses on the Practice Statement by the Lord Chancellor (Lord Gardiner) and the Lords of Appeal in Ordinary on July 26, 1996, before judgments were given in the House of Lords, which dropped a pebble into the judicial pool that produced not merely a few ripples but also a seismic wave in English juridical thinking. It is argued that the experience of the Practice Statement in 1966 dispelled whatever was left of the myth that judges do not make law. At the same time it has had a profound effect on the psyche of appellate judges, such that the Court of Appeal might now be enticed to follow suit, at least in the Civil Division, where it has become effectively the final court of appeal in private law litigation. The sharpening of awareness of the creativity of the appellate task, and consequentially a more overt concern with the search for a more just rule, as well as the discarding of some forensic deadwood, cannot sensibly be confined to the judges in the final court of appeal. The phenomenon should extend to the intermediate appellate court.
Mari Armstrong-Hough
- Published in print:
- 2018
- Published Online:
- September 2019
- ISBN:
- 9781469646688
- eISBN:
- 9781469646701
- Item type:
- chapter
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/northcarolina/9781469646688.003.0008
- Subject:
- Public Health and Epidemiology, Public Health
This concluding chapter summarized the central argument of the book: Biomedicalization does not flatten out differences so much as it proliferates them. As the biomedical paradigm has become central ...
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This concluding chapter summarized the central argument of the book: Biomedicalization does not flatten out differences so much as it proliferates them. As the biomedical paradigm has become central to lay systems of meaning, the language and ideas of biomedicine are imbued with cultural meanings. In this way, medicine shapes and reorganizes cultural meanings. But the reverse also occurs: the cultural meanings that arise from lay systems shape the patient-provider encounters and narratives that lie at the heart of the practice of medicine. These meetings of lay and medical systems of meaning are sense-making events in which patients and providers “practice culture.”
In the United States, biomedicalization and a capitalist ethic of productivity and individual responsibility become mutually reinforcing: the individual is continually reinscribed as the primary category of being and the object of medicine. In Japan, biomedicalization intertwines with discourses of nationhood, membership in a purportedly unique racial-cultural community, and gendered domestic labor. While biomedicalization does not flatten, its targets are reshaped in traceable ways by the cultural repertoires that inform it. As biomedicalization renders interactions between providers and patients more uncertain and more collaborative, the cultural resources that they bring to those encounters become more—not less—relevant.Less
This concluding chapter summarized the central argument of the book: Biomedicalization does not flatten out differences so much as it proliferates them. As the biomedical paradigm has become central to lay systems of meaning, the language and ideas of biomedicine are imbued with cultural meanings. In this way, medicine shapes and reorganizes cultural meanings. But the reverse also occurs: the cultural meanings that arise from lay systems shape the patient-provider encounters and narratives that lie at the heart of the practice of medicine. These meetings of lay and medical systems of meaning are sense-making events in which patients and providers “practice culture.”
In the United States, biomedicalization and a capitalist ethic of productivity and individual responsibility become mutually reinforcing: the individual is continually reinscribed as the primary category of being and the object of medicine. In Japan, biomedicalization intertwines with discourses of nationhood, membership in a purportedly unique racial-cultural community, and gendered domestic labor. While biomedicalization does not flatten, its targets are reshaped in traceable ways by the cultural repertoires that inform it. As biomedicalization renders interactions between providers and patients more uncertain and more collaborative, the cultural resources that they bring to those encounters become more—not less—relevant.
Adrian Cadbury
- Published in print:
- 2002
- Published Online:
- September 2011
- ISBN:
- 9780199252008
- eISBN:
- 9780191698088
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199252008.003.0002
- Subject:
- Business and Management, Corporate Governance and Accountability, Strategy
The report of the Committee on the Financial Aspects of Corporate Governance with its Code of Best Practice was published in December 1992. The report included recommendations to investors, ...
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The report of the Committee on the Financial Aspects of Corporate Governance with its Code of Best Practice was published in December 1992. The report included recommendations to investors, accountants, and auditors, but at its heart was the Code of Best Practice, which was directed to the boards of all listed companies registered in the UK. This chapter deals primarily with the consequences of the development of governance codes for the chairmen and boards of UK listed companies.Less
The report of the Committee on the Financial Aspects of Corporate Governance with its Code of Best Practice was published in December 1992. The report included recommendations to investors, accountants, and auditors, but at its heart was the Code of Best Practice, which was directed to the boards of all listed companies registered in the UK. This chapter deals primarily with the consequences of the development of governance codes for the chairmen and boards of UK listed companies.
Simon J. Bronner
- Published in print:
- 2019
- Published Online:
- January 2020
- ISBN:
- 9781496822628
- eISBN:
- 9781496822673
- Item type:
- book
- Publisher:
- University Press of Mississippi
- DOI:
- 10.14325/mississippi/9781496822628.001.0001
- Subject:
- History, African-American History
This book proposes to answer the pressing philosophical as well as psychological question of why people repeat themselves. It redefines folklore as traditional knowledge that serves this need in ...
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This book proposes to answer the pressing philosophical as well as psychological question of why people repeat themselves. It redefines folklore as traditional knowledge that serves this need in human lives and develops a "practice theory" around this idea. Practice, more than other suggested keywords of performance or enactment in social theory, connects localized culture with the vernacular idea that "this is the way we do things around here." The term invites study of what people do repeatedly to understand what they have in "mind." Demonstrating the application of this theory in folkloristic studies, Bronner offers four provocative case studies of psychocultural meanings that arise from traditional "frames of action" and address issues of the day: labeling of boogiemen to express fear of sexual molestation, connecting "wild child" beliefs to school shootings, identifying the crisis of masculinity in adolescent expression. Turning his analysis to the analysts of tradition, Bronner uses practice theory to evaluate the agenda of folklorists in shaping perceptions of tradition-centered "folk societies" such as the Amish, unpacking the culturally based rationale of public folklore programming, interpreting the evolving idea of folk museums in a digital world, and assessing how the terms folklorists use and the things they do affect how people think about tradition. This is a book intended to think about what people do in the name of tradition, and why.Less
This book proposes to answer the pressing philosophical as well as psychological question of why people repeat themselves. It redefines folklore as traditional knowledge that serves this need in human lives and develops a "practice theory" around this idea. Practice, more than other suggested keywords of performance or enactment in social theory, connects localized culture with the vernacular idea that "this is the way we do things around here." The term invites study of what people do repeatedly to understand what they have in "mind." Demonstrating the application of this theory in folkloristic studies, Bronner offers four provocative case studies of psychocultural meanings that arise from traditional "frames of action" and address issues of the day: labeling of boogiemen to express fear of sexual molestation, connecting "wild child" beliefs to school shootings, identifying the crisis of masculinity in adolescent expression. Turning his analysis to the analysts of tradition, Bronner uses practice theory to evaluate the agenda of folklorists in shaping perceptions of tradition-centered "folk societies" such as the Amish, unpacking the culturally based rationale of public folklore programming, interpreting the evolving idea of folk museums in a digital world, and assessing how the terms folklorists use and the things they do affect how people think about tradition. This is a book intended to think about what people do in the name of tradition, and why.
Paul Farquhar-Smith
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199558612
- eISBN:
- 9780191595011
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199558612.003.0013
- Subject:
- Public Health and Epidemiology, Public Health
This chapter discusses research governance, which aims to facilitate the conduct of high quality, ethical scientifically valid research, while protecting both subjects and investigators. Good ...
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This chapter discusses research governance, which aims to facilitate the conduct of high quality, ethical scientifically valid research, while protecting both subjects and investigators. Good research governance mandates meticulous record keeping and trial surveillance, and drives a quality research culture. The Research Governance Framework explicitly sets out national standards supported by legislation for research conducted within the NHS in the United Kingdom. This document defines the roles and responsibilities of all those involved in research, and the implementation of the framework using Good Clinical Practice (GCP) principles and standard operating procedures (SOPs). It also highlights the importance of meticulous documentation and monitoring (local and external) during any trial. These mechanisms ensure continual assessment of the quality of conduct of research and allow continuing trial development and improvement.Less
This chapter discusses research governance, which aims to facilitate the conduct of high quality, ethical scientifically valid research, while protecting both subjects and investigators. Good research governance mandates meticulous record keeping and trial surveillance, and drives a quality research culture. The Research Governance Framework explicitly sets out national standards supported by legislation for research conducted within the NHS in the United Kingdom. This document defines the roles and responsibilities of all those involved in research, and the implementation of the framework using Good Clinical Practice (GCP) principles and standard operating procedures (SOPs). It also highlights the importance of meticulous documentation and monitoring (local and external) during any trial. These mechanisms ensure continual assessment of the quality of conduct of research and allow continuing trial development and improvement.
Wendie E Schneider
- Published in print:
- 2016
- Published Online:
- May 2016
- ISBN:
- 9780300125665
- eISBN:
- 9780300216554
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300125665.001.0001
- Subject:
- History, British and Irish Modern History
Engines of Truth explores the history of nineteenth-century British trial procedure from the novel viewpoint of efforts to control perjury. Perjury emerged as an acute problem in the Victorian era: ...
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Engines of Truth explores the history of nineteenth-century British trial procedure from the novel viewpoint of efforts to control perjury. Perjury emerged as an acute problem in the Victorian era: new rules allowed many more witnesses to testify, increasing the opportunities for deceit; a broader cultural emphasis on sincerity and truth-telling made the threat seem even greater. Engines of Truth traces the experiments pursued to control witnesses’ truthfulness, from criminal prosecutions and increased reliance on cross-examination, to shame sanctions in British India and inquisitorial investigation in the new Divorce Court. Blending legal, social and colonial history, it employs a broad array of sources, including colonial archival material, provincial newspaper coverage, home office records, literary sources, and legislative records. Engines of Truth concludes with a new look at the pivotal 1898 Criminal Evidence Act in Britain, which allowed criminal defendants to testify on oath, placing that Act within the context of a history of sexual scandals that played out in Victorian courtrooms. While many of the experiments it describes failed, the process of innovation this book charts shaped modern trial procedure. Both the United States and the United Kingdom rely heavily on cross-examination as the main test of witness truthfulness, a by-product of this experimentation. In American law, cross-examination is still described as the “greatest legal engine ever invented for the discovery of truth;” this book provides a new understanding of the complex process that led to its ascendency.Less
Engines of Truth explores the history of nineteenth-century British trial procedure from the novel viewpoint of efforts to control perjury. Perjury emerged as an acute problem in the Victorian era: new rules allowed many more witnesses to testify, increasing the opportunities for deceit; a broader cultural emphasis on sincerity and truth-telling made the threat seem even greater. Engines of Truth traces the experiments pursued to control witnesses’ truthfulness, from criminal prosecutions and increased reliance on cross-examination, to shame sanctions in British India and inquisitorial investigation in the new Divorce Court. Blending legal, social and colonial history, it employs a broad array of sources, including colonial archival material, provincial newspaper coverage, home office records, literary sources, and legislative records. Engines of Truth concludes with a new look at the pivotal 1898 Criminal Evidence Act in Britain, which allowed criminal defendants to testify on oath, placing that Act within the context of a history of sexual scandals that played out in Victorian courtrooms. While many of the experiments it describes failed, the process of innovation this book charts shaped modern trial procedure. Both the United States and the United Kingdom rely heavily on cross-examination as the main test of witness truthfulness, a by-product of this experimentation. In American law, cross-examination is still described as the “greatest legal engine ever invented for the discovery of truth;” this book provides a new understanding of the complex process that led to its ascendency.
Jason A. Mahn
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199790661
- eISBN:
- 9780199897391
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199790661.003.0005
- Subject:
- Religion, Philosophy of Religion
This chapter closely analyzes Practice in Christianity (by Kierkegaard's pseudonym Anti-Climacus) to show how Christ comprises good news to sinners only by incarnating the very possibility of ...
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This chapter closely analyzes Practice in Christianity (by Kierkegaard's pseudonym Anti-Climacus) to show how Christ comprises good news to sinners only by incarnating the very possibility of offense. After glimpsing the inherent goodness of human fragility (as traced in Chapter 2) and becoming increasingly capable of spirited sin (Chapter 3), it offers Kierkegaard's readers the Christian cure to the sin-sick soul in Practice in Christianity. Yet the chapter shows how this unbounded love of God through Christ introduces a more devastating possibility of sin—the possibility of taking offense. The chapter analyzes this negative, critical function of Practice but draws on the work of Emmanuel Levinas to argue that such negative witness is rooted in the excessiveness of Christ and redemption, similar in function to the earliest utterance of felix culpa.Less
This chapter closely analyzes Practice in Christianity (by Kierkegaard's pseudonym Anti-Climacus) to show how Christ comprises good news to sinners only by incarnating the very possibility of offense. After glimpsing the inherent goodness of human fragility (as traced in Chapter 2) and becoming increasingly capable of spirited sin (Chapter 3), it offers Kierkegaard's readers the Christian cure to the sin-sick soul in Practice in Christianity. Yet the chapter shows how this unbounded love of God through Christ introduces a more devastating possibility of sin—the possibility of taking offense. The chapter analyzes this negative, critical function of Practice but draws on the work of Emmanuel Levinas to argue that such negative witness is rooted in the excessiveness of Christ and redemption, similar in function to the earliest utterance of felix culpa.
Kevin Dunion
- Published in print:
- 2011
- Published Online:
- September 2015
- ISBN:
- 9781845861223
- eISBN:
- 9781474406178
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781845861223.001.0001
- Subject:
- Law, Constitutional and Administrative Law
This book is the only in-depth guide to Scotland’s freedom of information (FOI) regime. Written by Kevin Dunion, the first Scottish Information Commissioner, it provides detailed commentary on the ...
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This book is the only in-depth guide to Scotland’s freedom of information (FOI) regime. Written by Kevin Dunion, the first Scottish Information Commissioner, it provides detailed commentary on the provisions of the Freedom of Information (Scotland) Regulations 2004. It is fully referenced, using the Commissioner’s own decisions and court judgements and provides a unique insight into the Commissioner’s role in determining appeals and ensuring adherence to the Code of Practice. It considers key issues of interpretation that have arisen since the law came into effect, including those exemptions concerning personal information, official advice, and the formulation of policy. It also covers the application of the ‘harm’ and ‘public interest’ tests. It includes a fully annotated version of the Freedom of Information (Scotland) Act 2002, along with case studies that illustrate the practical application of the legislation. It also includes a detailed interpretation of the Environmental Information Regulations, and highlights important differences between these regulations and general FOI law. It considers the state of FOI in Scotland by comparing it to provisions and developments in the rest of the UK and internationally.Less
This book is the only in-depth guide to Scotland’s freedom of information (FOI) regime. Written by Kevin Dunion, the first Scottish Information Commissioner, it provides detailed commentary on the provisions of the Freedom of Information (Scotland) Regulations 2004. It is fully referenced, using the Commissioner’s own decisions and court judgements and provides a unique insight into the Commissioner’s role in determining appeals and ensuring adherence to the Code of Practice. It considers key issues of interpretation that have arisen since the law came into effect, including those exemptions concerning personal information, official advice, and the formulation of policy. It also covers the application of the ‘harm’ and ‘public interest’ tests. It includes a fully annotated version of the Freedom of Information (Scotland) Act 2002, along with case studies that illustrate the practical application of the legislation. It also includes a detailed interpretation of the Environmental Information Regulations, and highlights important differences between these regulations and general FOI law. It considers the state of FOI in Scotland by comparing it to provisions and developments in the rest of the UK and internationally.
Darren Hudson Hick
- Published in print:
- 2017
- Published Online:
- September 2017
- ISBN:
- 9780226460109
- eISBN:
- 9780226460383
- Item type:
- book
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226460383.001.0001
- Subject:
- Philosophy, Aesthetics
Artistic License aims at analyzing the right of copyright, given its essential underlying principles in the law, and its relation to contemporary artistic practice. As several legal theorists argue, ...
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Artistic License aims at analyzing the right of copyright, given its essential underlying principles in the law, and its relation to contemporary artistic practice. As several legal theorists argue, though the role of copying in artistic practice has evolved, copyright law has failed to keep step, producing an imbalance that puts the law at odds with the domain it is meant to protect. Centrally, Hick works to reconcile growing practices of artistic appropriation and related attitudes about artistic "taking" with developed views of artists’ rights, both legal and moral. Hick examines the philosophical challenges presented by the role of intellectual property in the art world and vice versa. Using real-life examples of artists who have incorporated copyrighted works into their art, he explores issues of artistic creation and the nature of infringement through aesthetic analysis and legal and critical theory. Ultimately, Artistic License provides a critical and systematic analysis of the key philosophical issues that underlie copyright policy, rethinking the relationship between artist, artwork, and the law.Less
Artistic License aims at analyzing the right of copyright, given its essential underlying principles in the law, and its relation to contemporary artistic practice. As several legal theorists argue, though the role of copying in artistic practice has evolved, copyright law has failed to keep step, producing an imbalance that puts the law at odds with the domain it is meant to protect. Centrally, Hick works to reconcile growing practices of artistic appropriation and related attitudes about artistic "taking" with developed views of artists’ rights, both legal and moral. Hick examines the philosophical challenges presented by the role of intellectual property in the art world and vice versa. Using real-life examples of artists who have incorporated copyrighted works into their art, he explores issues of artistic creation and the nature of infringement through aesthetic analysis and legal and critical theory. Ultimately, Artistic License provides a critical and systematic analysis of the key philosophical issues that underlie copyright policy, rethinking the relationship between artist, artwork, and the law.
Stephen Backhouse
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199604722
- eISBN:
- 9780191729324
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199604722.003.0004
- Subject:
- Religion, Religion and Society, Philosophy of Religion
Kierkegaard frequently defined his project by virtue of opposition to the work of Martensen and Grundtvig, This chapter identifies the key ‘philosophical tools’ that underlie the Kierkegaardian ...
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Kierkegaard frequently defined his project by virtue of opposition to the work of Martensen and Grundtvig, This chapter identifies the key ‘philosophical tools’ that underlie the Kierkegaardian critique. Drawing chiefly from Philosophical Fragments, Concept of Anxiety and Practice in Christianity, the chapter analyses ‘the moment’ (Øieblikket) and ‘the leap’ that leads to ‘contemporaneity’ (Samtidigheden). Together these notions represent what Kierkegaard meant by authentic existence, and what he understands as true Christianity distinct from the habitual religion of Christendom. As a ‘moment’ or a ‘moment of vision’ Øieblikket refers to both a temporal/historical relation and also to an orientation and way of being. Likewise, Samtidigheden has clear temporal connotations, but is also the means by which humans relate to God in Christ. For Kierkegaard, Øieblikket and Samtidigheden together allow the individual to exist authentically, regardless of the historical or cultural context.Less
Kierkegaard frequently defined his project by virtue of opposition to the work of Martensen and Grundtvig, This chapter identifies the key ‘philosophical tools’ that underlie the Kierkegaardian critique. Drawing chiefly from Philosophical Fragments, Concept of Anxiety and Practice in Christianity, the chapter analyses ‘the moment’ (Øieblikket) and ‘the leap’ that leads to ‘contemporaneity’ (Samtidigheden). Together these notions represent what Kierkegaard meant by authentic existence, and what he understands as true Christianity distinct from the habitual religion of Christendom. As a ‘moment’ or a ‘moment of vision’ Øieblikket refers to both a temporal/historical relation and also to an orientation and way of being. Likewise, Samtidigheden has clear temporal connotations, but is also the means by which humans relate to God in Christ. For Kierkegaard, Øieblikket and Samtidigheden together allow the individual to exist authentically, regardless of the historical or cultural context.
Margaret Foster Riley
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780231171182
- eISBN:
- 9780231540070
- Item type:
- chapter
- Publisher:
- Columbia University Press
- DOI:
- 10.7312/columbia/9780231171182.003.0032
- Subject:
- Law, Medical Law
FDA has successfully defended its regulatory rubric that requires treatments using more than minimally manipulated cells to be approved as drugs. Going forward, it will need clearer standards and ...
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FDA has successfully defended its regulatory rubric that requires treatments using more than minimally manipulated cells to be approved as drugs. Going forward, it will need clearer standards and regulatory flexibility to support the development of regenerative medicine.Less
FDA has successfully defended its regulatory rubric that requires treatments using more than minimally manipulated cells to be approved as drugs. Going forward, it will need clearer standards and regulatory flexibility to support the development of regenerative medicine.
Suzie Attiwill, Terri Bird, Andrea Eckersley, and Antonia Pont
- Published in print:
- 2017
- Published Online:
- May 2018
- ISBN:
- 9781474429344
- eISBN:
- 9781474438568
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781474429344.001.0001
- Subject:
- Philosophy, Aesthetics
Practising with Deleuze offers the first systematic reading of Gilles Deleuze’s mature philosophy from the perspective of contemporary creative practitioners, including fine artists, a dancer, a ...
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Practising with Deleuze offers the first systematic reading of Gilles Deleuze’s mature philosophy from the perspective of contemporary creative practitioners, including fine artists, a dancer, a creative writer, designer and philosopher. It offers a way of rethinking notions of aesthetics, art, and creativity within the field of practice. Unconventional in presentation, this book is reflective of the engagement of contemporary creative practices with the generative philosophy of Deleuze. Each chapter focuses on a key aspect of production - practising, forming, framing, experiencing, and encountering - and is accompanied by short summary texts outlining the context of Deleuze’s contributions to each of these aspects. These discussions contextualise Deleuzian thought within a range of practices. In so doing, they enable the reader to approach these philosophical concepts within the milieu of creative practice.Less
Practising with Deleuze offers the first systematic reading of Gilles Deleuze’s mature philosophy from the perspective of contemporary creative practitioners, including fine artists, a dancer, a creative writer, designer and philosopher. It offers a way of rethinking notions of aesthetics, art, and creativity within the field of practice. Unconventional in presentation, this book is reflective of the engagement of contemporary creative practices with the generative philosophy of Deleuze. Each chapter focuses on a key aspect of production - practising, forming, framing, experiencing, and encountering - and is accompanied by short summary texts outlining the context of Deleuze’s contributions to each of these aspects. These discussions contextualise Deleuzian thought within a range of practices. In so doing, they enable the reader to approach these philosophical concepts within the milieu of creative practice.
