Globalization and technological advancement has made market competitive. To survive in market every organization needs to maintain high performance. It can only be possible when the employees working in organization perform more efficiently than competitors. Increase in competition of market has made employee performance a big question to organization for its survival in global competition. Study reveals performance of employee is affected by various component of human resource management i.e. Job satisfaction, leadership, training &development and work stress. HRM is managing (...) people effectively and efficiently to achieve strategic aims of organization. This study focuses on analyzing the impact of HR components on performance of employee. It also compares impact of HR component respect to public and private organizations. The study finds HR components have significant positive relationship with employee performance except work stress. Study also interprets findings irrespective of organization type. (shrink)

Communicative practices in online and social media sometimes seem to amplify political conflict, and result in significant harms to people who become the targets of collective outrage. Many complaints that have been made about political correctness in the past, we argue, amount to little more than a veiled expression of resentment over the increasing influence enjoyed by progressive activists. But some complaints about political correctness take on a different complexion, in light of the technologically-driven changes to our communicative practices and (...) political discourse. Given the ways in which they are entangled in these new forms of online communication, well-meaning attempts to police the norms of political correctness may end up contributing to individual wrongs, or to destructive social patterns. In this paper we examine these worries, situate them in a broader sociological context, and offer some tentative proposals about how they might be addressed. (shrink)

Gregory the Great depicts himself as a contemplative who, as bishop of Rome, was compelled to become an administrator and pastor. His theological response to this existential tension illuminates the vexed questions of his relationships to predecessors and of his legacy. Gregory develops Augustine’s thought in such a way as to satisfy John Cassian’s position that contemplative vision is grounded in the soul’s likeness to the unity of Father and Son. For Augustine, “mercy” lovingly lifts the neighbor toward life in (...) God. Imitating God’s own love for humankind, this mercy likens the Christian to God’s essential goodness and, by this likeness, prepares him or her for the vision of God, which Augustine expects not now but only in the next life. For Augustine, the exercise of mercy can—when useful—involve a shared affection or understanding. Gregory makes this shared affection essential to the neighborly love that he calls “compassion.” In this affective fellowship, Gregory finds a human translation of the passionless unity of Father and Son—so that, for Gregory, compassion becomes the immediate basis for and consequence of seeing God—even in this life. Compassion does not degrade; rather, it retrenches the perfection of contemplation. Reconciling compassionate activity and contemplative vision, this creative renegotiation of Augustine and Cassian both answered Gregory’s own aspirations and gave to the tumultuous post-Imperial West a needed account of worldly affairs as spiritual affairs. (shrink)

In a friendly interdisciplinary debate, we interrogate from several vantage points the question of “personhood” in light of contemporary and near-future forms of social AI. David J. Gunkel approaches the matter from a philosophical and legal standpoint, while Jordan Wales offers reflections theological and psychological. Attending to metaphysical, moral, social, and legal understandings of personhood, we ask about the position of apparently personal artificial intelligences in our society and individual lives. Re-examining the “person” and questioning prominent construals of that category, (...) we hope to open new views upon urgent and much-discussed questions that, quite soon, may confront us in our daily lives. (shrink)

Compelling voices charge that the theological notion of “sacrifice” valorizes suffering and fosters a culture of violence by the claim that Christ’s death on the Cross paid for human sins. Beneath the ‘sacred’ violence of sacrifice, René Girard discerns a concealed scapegoat-murder driven by a distortion of human desire that itself must lead to human self-annihilation. I here ask: can one speak safely of sacrifice; and can human beings somehow cease to practice the sacrifice that must otherwise destroy them? Drawing (...) on Gregory the Great (ca. 540–604), I propose an understanding of sacrifice that both distinguishes Christian sacrifice from sacred violence and accounts for how to overcome the roots of the sacred violence identified by Girard. I make four claims: First, Girard recognizes two kinds of sacrifice—one, the scapegoat murder, overcomes community rivalries by unanimous imitation of an accuser, shifting blame onto a third party who is collectively murdered; the other sort of sacrifice practices renunciation and forgiveness in imitation of God. These I respectively designate the “Satanic” (Girard’s term) and the “theomimetic” (mine). Second, I analyze the intrinsic instability that keeps the Satanic from sustaining the societal order and unity that it promises. Third, by a constructive reading of Gregory the Great, I posit that satanic sacrifice overlooks and indeed exacerbates the root of human covetousness—a failure to love. Fourth, Gregory’s teaching on the imitation of Christ enables us to expand on Girard’s account of the theo¬mimetic sacrifice of renunciation, to clarify how this latter might not only oppose but also systematically subvert the Satanic by healing the disorder out of which mimetic rivalry and scapegoating first take their rise. (shrink)

Theologians often reflect on the ethical uses and impacts of artificial intelligence, but when it comes to artificial intelligence techniques themselves, some have questioned whether much exists to discuss in the first place. If the significance of computational operations is attributed rather than intrinsic, what are we to say about them? Ancient thinkers—namely Augustine of Hippo (lived 354–430)—break the impasse, enabling us to draw forth the moral and metaphysical significance of current developments like the “deep neural networks” that are responsible (...) for some of the most remarkable achievements of the past few years. First, Augustine’s theology of the natural world’s rationes seminales makes sense of neural networks’ success by explaining the world as a kaleidoscopic refraction of divine Wisdom rather than as a collection of discrete objects standing in crisp relations. Second, his account of interpretive judgment as a moral act bound up with love reveals how our training and use of AI relates to the Christian’s assimilation to Wisdom. The contingent meaning of the neural network reveals AI’s potential either for standing between us and the world or in some sense facilitating a Christian’s regathering of the created echoes of divine Wisdom throughout his or her journey into the Trinity. (shrink)

Pakistan and China are friends from very long time. They have trading relations through the Ancient Silk Road. Now both the countries want to increase the volume of their trade. China decided to make large investment in Pakistan under its One Belt One Road vision through CPEC project. The CPEC is a combination of infrastructure development, power generation and research and development project. China and Pakistan are equally going to benefit from the project thus they both are interested in doing (...) the project in time and hence are putting their all efforts to complete the project. Some of the countries are working to stop the project by strong opposition but China and Pakistan are standing erect to complete the project. The study addresses the historical relations between Pakistan and China moreover pointed out the benefits that Pakistan and China are expecting from the project. The study also discusses the external and internal challenges to Pakistan that are creating hindrance in the completion of CPEC. (shrink)

Consulting early and medieval Christian thinkers, I theologically analyze the question of how we are to construe and live well with the sociable robot under the ancient theological concept of “glory”—the manifestation of God’s nature and life outside of himself. First, the oft-noted Western wariness toward robots may in part be rooted in protecting a certain idea of the “person” as a relational subject capable of self-gift. Historically, this understanding of the person derived from Christian belief in God the Trinity, (...) an eternally relational and self-giving God who has created all other things. According to this trinitarian anthropology, the “glory” of God is the manifestation of his life outside of himself, especially in human relationships of self-possessed empathic self-giving. Second, the material world can be drawn into this glorification of God by the invention of technologies, including robots. For Christianity, the personal transcends the material, and matter cannot simply be recombined to make a person. Nonetheless, the material world is a lesser glory that echoes fragmentarily the primal self-gift by which God exists. Human persons can marshal these material powers to serve the personal by the invention of technology, which extends the possibilities of human self-giving and, therefore, of God’s “glory.” Third, this Christian account of creation and technology shapes medieval Christian writings on humanoid robots. These “automata” uniquely draw together nature’s deep powers, but they lack true personal interiority and so cannot give themselves. Instead, they are instruments by which humans’ own relational personhood can be developed or degraded. At best, a robotic image of personhood can serve as an “icon,” directing us back to the relationality by which humans echo God. At worst, robots serve as “idols” when they become substitutes for human companions, drawing their users into a utilitarian frame that excludes self-gift by simply mirroring back to the user his or her own aims. I illustrate these outcomes by two medieval legends. In one, robots function iconically as social facilitators; in the other, as ambiguous romantic partners. And fourth, looking to an actual renaissance-era “praying” robot, I will propose that the non-subjective robot might yet “glorify God” within the religious community by representing the prayers of particular humans—thus iconically standing for rather than idolatrously standing in for the relational subject. (shrink)

According to a tradition that we hold variously today, the relational person lives most personally in affective and cognitive empathy, whereby we enter subjective communion with another person. Near future social AIs, including social robots, will give us this experience without possessing any subjectivity of their own. They will also be consumer products, designed to be subservient instruments of their users’ satisfaction. This would seem inevitable. Yet we cannot live as personal when caught between instrumentalizing apparent persons (slaveholding) or numbly (...) dismissing the apparent personalities of our instruments (mild sociopathy). This paper analyzes and proposes a step toward ameliorating this dilemma by way of the thought of a 5th century North African philosopher and theologian, Augustine of Hippo, who is among those essential in giving us our understanding of relational persons. Augustine’s semiotics, deeply intertwined with our affective life, suggest that, if we are to own persuasive social robots humanely, we must join our instinctive experience of empathy for them to an empathic acknowledgment of the real unknown relational persons whose emails, text messages, books, and bodily movements will have provided the training data for the behavior of near-future social AIs. So doing, we may see simulation as simulation (albeit persuasive), while expanding our empathy to include those whose refracted behavioral moments are the seedbed of this simulation. If we naïvely stop at the social robot as the ultimate object of our cognitive and affective empathy, we will suborn the sign to ourselves, undermining rather than sustaining a culture that prizes empathy and abhors the instrumentalization of persons. (shrink)

The second of Gregory’s Dialogues, tells the life and miracles of Benedict of Nursia. In this paper, I will first introduce the Gregorian concepts of spiritual “stability” (stabilitas) and of the spiritual “ruler” (rector), along with the spiritual journey by which “stability” is recovered. Second, focusing on episodes that call attention to Benedict’s physical self-disposition (seated, standing, walking), I will read his life doubly. Under one reading, these episodes proffer moral exempla wherein Benedict’s physical self-possession outwardly manifests a spiritual ruler’s (...) proper response to attacks on him and on his community. Under another reading, the organization and emphases of these same episodes add up to an over-arching narration of Gregory’s theology of spiritual progress, all the way to fullness of love and the vision of God. Third, I will argue that the motif of steadfast love rather than of physical claustration is the deepest foundation of this journey and that the dialogue universalizes the “way of Benedict” to guide even non-monastic readers to the heavenly homeland. (shrink)

This abstract is a synopsis of the paper "An Expert System for Diagnosing Whooping Cough Using CLIPS." The bacterium Bordetella pertussis causes whooping cough, a highly infectious respiratory ailment with several phases of symptoms. An accurate and timely diagnosis is critical for effective treatment and the avoidance of future transmission. The construction of an expert system for detecting whooping cough using the CLIPS (C Language Integrated Production System) architecture is highlighted in this abstract. The expert system provides standardized and systematic (...) evaluation, which reduces the chance of misdiagnosis and improves patient outcomes. Maintenance and upgrades are required to keep the system current with growing medical knowledge. More study in this area has the potential to advance expert systems in identifying and managing a variety of medical disorders. (shrink)

Abstract: This study introduces a machine learning-based model for predicting student performance using a comprehensive dataset derived from educational sources, encompassing 15 key features and comprising 62,631 student samples. Our five-layer neural network demonstrated remarkable performance, achieving an accuracy of 89.14% and an average error of 0.000715, underscoring its effectiveness in predicting student outcomes. Crucially, this research identifies pivotal determinants of student success, including factors such as socio-economic background, prior academic history, study habits, and attendance patterns, shedding light on the (...) nuanced dynamics of student performance. The key influential features identified in this study offer valuable insights into the complex factors shaping student achievement. These insights are vital for educators, policymakers, and institutions seeking to enhance educational outcomes and promote equitable access to quality education. This research provides a data-driven foundation for proactive interventions, personalized learning strategies, and support systems, ultimately contributing to improved student performance and academic success. The high accuracy of the predictive model and the feature analysis it provides empower decision-makers in the education sector. This model holds significant potential for applications in student performance monitoring, early intervention, and tailored educational strategies. By adopting a data-driven approach, this work advances the field of educational analytics and contributes to the goal of fostering student success and educational equity. (shrink)

This study presents a neural network-based model for predicting smoke potential in a specific area using a Kaggle-derived dataset with 15 environmental features and 62,631 samples. Our five-layer neural network achieved an accuracy of 89.14% and an average error of 0.000715, demonstrating its effectiveness. Key influential features, including temperature, humidity, crude ethanol, pressure, NC1.0, NC2.5, SCNT, and PM2.5, were identified, providing insights into smoke occurrence. This research aids in proactive smoke mitigation and public health protection. The model's accuracy and feature (...) analysis empower decision-makers, with potential applications in real-time smoke event monitoring and preparedness strategies. This work contributes to the field of air quality forecasting and environmental stewardship, offering a data-driven approach to address smoke-related challenges and enhance community well-being. (shrink)

As the debate over an English opt-out policy for organ procurement intensifies, assessing existing experiences becomes even more important. The Welsh introduction of opt-out legislation provides one important point of reference. With the introduction of deemed consent in December 2015, Wales became the first part of the UK to introduce an opt-out system in organ procurement. My article ‘Deemed consent: assessing the new opt-out approach to organ procurement in Wales’ conducted an early assessment of this.1 Taking its starting point in (...) important concerns often raised in discussion over opt-out legislation, it identified four key parameters to assess the effects. These are living donor rates, deceased donor rates, donor registrations and family refusals. My article compares these indicators before and after the enactment of the Welsh legislation employing a different-in-different design. In his reply to my article ‘Deemed consent: assessing the new opt-out approach to organ procurement in Wales’, Jordan Alexander Parsons offers two interesting critiques. The first pertains to the choice of indicators. Parsons prefer a narrower focus on the effect on deceased donor rates. The second pertains to the choice of data, Parsons preferring a time series of Wales to my different-in-different design. Parsons refers mainly to the official Welsh evaluation,2 a report I also cited in supplement to the NHS Activity Report data I employed. …. (shrink)

In December 2015, Wales became the first country in the UK to move away from an opt-in system in organ procurement. The new legislation introduces the concept of deemed consent whereby a person who neither opt in nor opt out is deemed to have consented to donation. The data released by the National Health Service in July 2017 provide an excellent opportunity to assess this legislation in light of concerns that it would decrease procurement rates for living and deceased donation, (...) as well as sparking an increase in family refusals. None of these concerns have come to pass, with Wales experiencing more registered donors, fewer family refusals and more living donations. However, as the number of actual donors has dropped slightly from a high level, the situation must be monitored closely in the years to come. (shrink)

This paper revisits Jane Pilcher's (1994) seminal chapter 'Who should do the dishes? Three generations of Welsh women talking about men and housework'. Two decades on from the original study, the paper explores this question in contemporary south Wales by drawing upon data generated in a study of mothers and daughters residing in a Welsh, marginalized, urban housing area. The paper argues that in contemporary Wales, the domestic sphere remains a site of inequality, where women are negotiating the impossibility of (...) being both in full-time employment and meeting the ideology of the 'Welsh Mam'. Furthermore, the work of women and the accompanying expectations have moved from being peripheral to becoming central; this places women in a psychological impasse where they identify themselves as 'lazy' when they cannot simultaneously fulfil these roles to the unreachable standards of the new respectable working-class femininity. (shrink)

It is well documented that people with moderate-to-severe traumatic brain injury (TBI) can undergo personality changes, including becoming more impulsive in terms of how they behave. Legal guidance and academic commentary support the view that impulsiveness can render someone decisionally incompetent as defined by English and Welsh law. However, impulsiveness is a trait found within the healthy population. Arguably, impulsiveness is also a trait that gives rise to behaviours that should normally be tolerated even when they cause harm to the (...) person enacting the behaviours. The purpose of this paper is to show why both of these considerations present as significant challenges to the law in England and Wales. (shrink)

The Law Society recently published a practice note titled 'Prosecutions of victims of trafficking'. This practice note comes many years after many lawyers had highlighted the problem and after the government machinery had chuntered into action and passed the UK Modern Slavery Act 2015 with explanatory notes and non-statutory guidelines for corporations. Since 2012 there had been issued warnings about the way defence lawyers, the Crown Prosecution Service and the UK police were dealing with trafficking and the Criminal Cases Review (...) Commission as far back as 2012 had note the severe failings by defence solicitors, prosecution and police, leading to many appeals and potential miscarriages of justice. Even in 2012 there were 946 known human trafficking victims, including 234 children. There was an attempt at a Human Trafficking Bill in 2010 which came to a halt and several reports including one by the Prison Reform Trust and Cambridge University Press, notwithstanding many books by notable academics for many years before today. This article examines the inadequacies of the Law Society practice note on defending victims and the jumble of high-ideals but short-sighted and impractical parts of the UK Modern Slavery Act 2015. (shrink)

CATEGORY: Philosophy play; historical fiction; comedy; social criticism. -/- STORYLINE: Katherine, a neurotic American lawyer, meets Christianus for a philosophy session at The Late Victorian coffee shop in London, where they also meet Wendy the waitress and Baldy the player. Will Katherine be able to overcome her deep depression by adopting some of Christianus’s satisfactionist ideas? Or will she stay unsatisfied and unhappy by stubbornly sticking to her own neti-neti nothingness philosophy? And what roles do Baldy, Wendy, and the Okefenokee (...) Man-Monster have in this connexion? -/- TOPICS: In the course of this philosophy play, Katherine and Christianus discuss many things: friendship, a Renoir painting, global warming, elephant conservation, freemasons, Prince of Wales and his tiger-hunting experience in Nepal, Victorian Chartism and a Kennington Common daguerreotype, a Mortality Proof, and, last but not least, Baldy, Wendy, and the gory plot of the Okefenokee Man-Monster. -/- NOTES: This work features elaborate footnotes and comments (including full bibliographical references) by the author, to enhance the reader's experience of the play and its philosophizing characters. (shrink)

In England and Wales we have had a National Curriculum since 1988. How can it have survived so long without aims to guide it? This IMPACT pamphlet argues that curriculum planning should begin not with a boxed set of academic subjects of a familiar sort, but with wider considerations of what schools should be for. We first work out a defensible set of wider aims backed by a well-argued rationale. From these we develop sub-aims constituting an aims-based curriculum. Further detail (...) is provided here on one of the most central educational aims, to do with equipping each child to live a flourishing personal and civic life. [A later, more detailed account of an aims-based curriculum is available in Reiss, M and White J <An Aims-based Curriculum: the significance of human flourishing for schools> Institute of Education Press 2013]. (shrink)

Consider a terrible situation that too many women find themselves in: 85,000 women are raped in England and Wales alone every year. Many of these women do not bring their cases to trial. There are multiple reasons that they might not want to testify in the courts. The incredibly low conviction rate is one. Another reason, however, might be that these women do not want the fact that they were raped to become the most salient thing about them. More specifically, (...) they do not want it to be the thing that others attend to the most—that others find most noticeable and memorable. In this paper, I introduce the notion of ‘harmful salience perspectives’ to help to explain this and related phenomena. This refers either to attention on things that should not be salient, or not enough attention on things that deserve to be made salient. Following ideas within the feminist literature on objectification, I argue that we can be harmed when aspects of our identity that do not reflect our personhood—our agency, rationality, personality, and so on—are more prominent in the minds of others than aspects that do reflect our personhood. Crucially, these ways of attending do not need to implicate false beliefs and harmful ideologies to be harmful, but can be harmful in their own right. (shrink)

Globally, there are calls to increase physical activity levels in relatively sedentary populations, including via physical activity programmes, often targeted at those body-selves deemed at risk of ‘sedentariness’. Despite the salience of sensory pleasures and displeasures in engagement with (and abandonment of) these programmes, the sensory, embodied experiences of participation remain under-researched. Here, we draw on findings from a two-year ethnographic study of a national programme in Wales, which used the aesthetic attractions of ‘natural’ outdoor environments to encourage and sustain (...) physical activity. Employing insights from phenomenological sociology, we explore the programme participants’ (n=146) lived experiences, analysed via a phenomenological lens, cohering around a panoply of sensory pleasures and displeasures, and somatic learning that is shaped and reshaped by weather encounters. (shrink)

Over the past 25 years, UK government policy exhortations to promote and increase exercise and physical activity levels in the population have increased in volume. In recent years, too, there has been growing sociological interest in exercise and physical activity embodiment issues, including within phenomenologically-inspired research into lived-body experiences. This article contributes original insights to a developing body of phenomenological-sociological empirical work in this domain, in addressing the lived experience of organised exercise in outdoor environments, and specifically in theorising the (...) role of ‘lived weather’ in contouring these experiences. It thus addresses the call by Vannini et al. (2012) to remedy the notable ‘absent-presence’ of weather in much social science research. Drawing upon data from a two-year multi-disciplinary, multi-institutional ethnographic study of a nationwide exercise programme in Wales, UK, this article examines participants’ (n = 146) lived experience of weather, and theorises their ‘weather learning’, and ‘weather work’, both of which emerged as highly salient in the findings. (shrink)

A crucial question in relation to support designed to enable the legal capacity of people with mental disabilities concerns when support constitutes undue influence. This article addresses this question in order to facilitate the development of law and policy in England and Wales, by providing a normative analysis of the different approaches to undue influence across decisions about property, contracts, health, finances, and accommodation. These are all potential contexts for supporting legal capacity, and, in doing so, the article compares approaches (...) to undue influence that are rarely considered together. -/- Drawing on the UN Convention on the Rights of Persons with Disabilities, third sector and public body documents, and law in England and Wales, the analysis identifies six models that conceptualise undue influence in terms of: modes of influence; an overborne will; an inference from the situation; an overborne will understood as a mental incapacity; an overborne will in connection with vulnerability; and impaired discursive control. This final approach is a novel proposal for understanding undue influence. The analysis highlights key policy-relevant issues that distinguish the models, and generates a deliberative framework for navigating them, with the ‘overborne will’, ‘inference-based’, and ‘discursive control’ models identified as potentially fitting for the support context. (shrink)

The Anatomy of Economic Inequality in Wales (2011) provides quantitative evidence for the pervasive nature of class-based inequalities in education, demonstrating that an individual in social housing is approximately 10 times less likely to be a graduate compared to those in other types of accommodation. This article moves beyond the baseline figures and argues that for marginalised, mature mothers re-entering education, the emotional cost is often one that they are unable to pay, and that practitioners and policy makers need to (...) be aware of, and responsive to their situation so that retention and completion rates can be improved. The article presents case studies from two research projects, which aimed to explore and represent the educational experiences of working-class mature students in urban south Wales. The article focuses on the accounts of women who completed Access courses and gained places in post-1992 universities, focusing on their initial aspirations and later disappointments. The article examines the ways in which classed, gendered and relational positionings conflicted with their education trajectory and often contributed to their withdrawal from academia. (shrink)

This article is about the information relevant to decision-making capacity in refusal of life-prolonging medical treatment cases. We examine the degree to which the phenomenology of the options available to the agent—what the relevant states of affairs will feel like for them—forms part of the capacity-relevant information in the law of England and Wales, and how this informational basis varies across adolescent and adult medical treatment cases. We identify an important doctrinal phenomenon. In the leading authorities, the courts appear to (...) count the first-personal phenomenology of the available options among the information that adolescents seeking to refuse life-prolonging treatment must understand and appreciate in order to possess capacity; adults are not held to this (higher) standard. We evaluate this differential treatment in light of philosophical work on transformative choice—decisions involving options whose sensory character, and effect on our values and preferences, are grasped only through experience itself. (shrink)

According to the High Court in England and Wales, the primary purpose of legal interventions into the lives of vulnerable adults with mental capacity should be to allow the individuals concerned to regain their autonomy of decision making. However, recent cases of clinical decision making involving capacitous vulnerable adults have shown that, when it comes to medical law, medical ethics and clinical practice, vulnerability is typically conceived as opposed to autonomy. The first aim of this paper is to detail the (...) problems that arise when the courts and health care practitioners respond to the vulnerability of capacitous adults on the basis of such an opposition. It will be shown that not only does the common law approach to vulnerability fail to adequately capture the autonomy of capacitous vulnerable adults, the conception of vulnerability and autonomy in oppositional terms leads to objectionably paternalistic health care responses that undermine the autonomy of vulnerable patients as well as clinical and legal interventions that violate their autonomy. In response, the second aim of this paper is to show that the concepts of autonomy and vulnerability are necessarily entwined and, on that basis, the focus should be on promoting the autonomy of capacitous vulnerable adults where possible. In order to make this case, the paper explains the limitations of standard approaches to the autonomy of vulnerable adults and, in their place, offers a conception of legitimate, self-authorised autonomy that is fundamentally dependent on intersubjective practices of recognition. (shrink)

Does it matter that almost all juries in England and Wales are all-White? Does it matter even if this result is the unintended and undesired result of otherwise acceptable ways of choosing juries? Finally, does it matter that almost all juries are all-White if this has no adverse effect on the treatment of non-White defendants and victims of crime? According to Cheryl Thomas, there is no injustice in a system of jury selection which predictably results in juries with no minority (...) members so long as this result is not deliberate, and does not adversely affect the treatment of minority defendants and victims of crime. My view is different. In and of itself, I believe, something is wrong with a system of jury selection that predictably results in all-White juries in a diverse society, such as our own. Absent reason to believe that we lack a better alternative to current modes of jury selection, a commitment to democratic government and to the equality of citizens – or so I will argue – condemns existing arrangements as unjust, whether or not they have adverse effects on jury decisions, or on the ways in which our society approaches issues of race and crime. (shrink)

Clinical Legal Education programmes now take place in most law schools in England and Wales. However, legal education continues to be predominantly focused on the analysis and application of rules, doctrines, and theories to hypothetical scenarios or essay questions. This form of pedagogy either minimises or ignores the role of the client in terms of supplying lawyers with knowledge pertinent to their case. In other words, it overlooks the fact that the lawyer’s acquisition of knowledge is not confined to technical (...) rationality. This article seeks to achieve three broad aims. First, to contribute to the debate concerning the epistemology of reflective practice. Second, to develop a theoretical reflective cycle, informed by Kant’s transcendental idealism, which seeks to maximise knowledge acquisition in legal education, namely knowledge supplied by the client. Third, to address implicit bias using the proposed reflective cycle. An optimal pedagogy for using this cycle is Clinical Legal Education, namely live client clinics. (shrink)

Some courses achieve existence, some have to create Professional Issues and Ethics in existence thrust upon them. It is normally Mathematics; but if you don’t do it, we will a struggle to create a course on the ethical be.” I accepted. or social aspects of science or mathematics. The gift of a greenfield site and a bull- This is the story of one that was forced to dozer is a happy occasion, undoubtedly. But exist by an unusual confluence of outside (...) cirwhat to do next? It seemed to me I should cumstances. ensure the course satisfied these require- In the mid 1990s, the University of New ments: South Wales instituted a policy that all its • It should look good to students, to staff. (shrink)

Under the current Mental Health Act of England and Wales, it is lawful to perform deep brain stimulation in the absence of consent and independent approval. We argue against the Care Quality Commission's preferred strategy of addressing this problematic issue, and offer recommendations for deep brain stimulation-specific provisions in a revised Mental Health Act.

Representing unborn generations to more suitably include future interests in today's climate policymaking has sparked much interest in recent years. In this review we survey the main proposed instruments to achieve this effect, some of which have been attempted in polities such as Israel, Philippines, Wales, Finland, and Chile. We first review recent normative work on the idea of representing future people in climate governance: The grounds on which it has been advocated, and the main difficulties that traditional forms of (...) representation have encountered when applied to this particular case. We then survey existing institutional means to represent generations to come. We separate out representation in courts, in parliament, and by independent bodies, and review specific instruments including climate litigation, parliamentary commissions, future representatives, youth quotas, and independent offices for future generations. We examine the particular forms whereby each of these may suitably represent future people, including audience representation, surrogate representation, and indicative representation, and discuss the main challenges they encounter in so doing. (shrink)

This article investigates the ability of mental incapacity tests to account for problems of control, through a study of the approach to alcohol dependence and a comparison with the approach to anorexia nervosa, in England and Wales. The focus is on two areas of law where questions of legal and mental capacity arise for people who are alcohol dependent: decisions about treatment for alcohol dependence and diminished responsibility for a killing. The mental incapacity tests used in these legal contexts are (...) importantly different—one involves a ‘cognitive’ test, while the other includes an explicit impaired-control limb—and the comparison provides insight into a longstanding debate about the virtues of one type of test over the other. It is shown that both kinds of test can take control problems into account, but also that both can be interpreted in narrow and wide ways that significantly influence the outcome of the assessment. It is therefore argued that to a large extent, it is not the kind of mental incapacity test that matters, but how the test is interpreted. It is further proposed that value judgements are playing an unrecognised and inappropriate role in shaping this interpretation. This raises concerns about the current approach to assessing the impact of alcohol dependency on the capacity to make decisions about alcohol use or treatment, as well as broader concerns about flexibility within incapacity tests. (shrink)

The 11 experimental, pseudo-avantgarde visual poems (wordless, other than title and date) are an indirect homage to the late-great filmmaker and photographer, Chris Marker (1921-2012), foremost to his penchant for utilizing disintegrating imagery in his film-essays and multimedia installations. All images were captured using a Research in Motion, BlackBerry 8520 cellphone, and subsequently 100-percent de-saturated, and 100-percent contrast-adjusted, using Microsoft Office Picture Manager. The images, as a result, resemble the primitive production values given to the pinhole camera, and the “dogmatic” (...) (uniform) adjustments (as above), applied to the original BB images, reference the early strictures applied to filmmaking by Lars von Trier. The above-mentioned, black-and-white adjustments notwithstanding, all images are used “as captured,” without cropping. The series begins and ends in Botwnnog, Northwest Wales, in May and August of 2013, respectively, with interregnums and brief idylls in Rijeka, Croatia, Trieste and Ancona, Italy, and Igoumenitsa, Ioannina, and Athens, Greece. Tracking the peregrinations of the author of the poems across Europe, and intimately associated with the then-nascent research and exhibition project, “Not-I/Thou: The Other Subject of Art & Architecture,”* the poems are also a compressed form of scholarship, albeit operating in the shadow-lands of knowledge per se, and evoking the non-discursive side of literary-artistic production, a penumbral zone within cultural production that nonetheless references the discursive arts (essay and/or full-blown treatise), but favors the paradox and/or tautology – privileging, then, the much-desired destruction of dialectics. (shrink)

Cases of severe and enduring Anorexia Nervosa (SEAN) rightly raise a great deal of concern around assessing capacity to refuse treatment (including artificial feeding). Commentators worry that the Court of Protection in England & Wales strays perilously close to a presumption of incapacity in such cases (Cave and Tan 2017, 16), with some especially bold (one might even say reckless) observers suggesting that the ordinary presumption in favor of capacity ought to be reversed in such cases (Ip 2019). -/- Those (...) of us who worry that such trends and proposals amount to (or at least pose a serious threat of) wrongful discrimination on the grounds of disability nevertheless feel the pull of judging many SEAN service users to be incapacitous with respect to decisions regarding (perhaps amongst other things) treatments involving feeding, artificial or otherwise. But it is difficult to get to grips with exactly what their incapacity consists in. Many such service users seem able to understand, retain, use and weigh information, and express a decision (i.e. they seem, prima facie, to satisfy the ‘MacArthur’ criteria). At the very least, they do not, generally. (shrink)

In the late 18th and early to mid-19th century, the secular approach of certain German scholars towards the study of Sanskrit in Europe significantly impacted the creation of the Wales Professorship of Sanskrit at Harvard. This influence stood in stark contrast to the religious concerns of some English scholars. While these English academics were focused on assisting in converting Hindus to Christianity, their German counterparts were pioneering the field of comparative philology. This dynamic led to the establishment of the Boden (...) Professorship of Sanskrit at Oxford, the dominance of German scholars in teaching Sanskrit on the European continent, and the mentorship provided by German academics to early American scholars interested in studying India. These developments underscore the interplay between the secular, scholarly approach of German academics and the religious concerns of their English counterparts in the study of Sanskrit. (shrink)

There have been numerous initiatives to increase access to higher education for those residing in marginalised locales in Wales. However, entrance in itself does not guarantee success and it is important for educators and policy makers to explore issues of retention. Classed and relational positionings often conflict with non-traditional students' education trajectories and sometimes contribute to their withdrawal from academia. In response to this challenge the current paper focuses on the accounts of non-traditional students in Communities First[1] areas who took (...) an undergraduate social science module with The Open University in Wales. Importantly, rather than reading these barriers to progression as students' individual difficulties, the paper considers how educational cultures can create and perpetuate disadvantage. Exploring students' accounts of pedagogy and administration, the paper focuses on online provision in distance learning and offers a range of strategies that could potentially improve the delivery of an Open University module and students' experiences in future presentations. (shrink)

Book, 2005. B&W and colour digital print on paper. A4 format. Unbound. This project was developed during a stay in Broken Hill and the region, it was supported through the artist-in-residence program at the Faculty of Creative Arts at the University of Wollongong in August 2005 and it was edited during the following months. A full copy of the book is held in the collections of the Art Gallery of New South Wales Research Library and Archive; the Médiathèque, Musée du (...) Quai Branly, Collection des Récits de Voyageurs; the Bibliothèque Nationale, Département des Estampes et de la Photographie, Paris. (shrink)

Getting physical: Empiricism’s medical History Content Type Journal Article DOI 10.1007/s11016-010-9474-4 Authors John Gascoigne, School of History and Philosophy, University of New South Wales, Sydney, NSW 2056, Australia Journal Metascience Online ISSN 1467-9981 Print ISSN 0815-0796.

Therapeutic Jurisprudence (‘TJ’) and virtue ethics are major parallel forces for good in legal practice. Both seek to understand and mediate frailness in human behaviour and explain why such ‘goodness’ is important for lawyers and their clients. But while a TJ practitioner and a virtue ethicist are often in agreement, they are fraternal rather than identical twins. This paper is addressed to those practising lawyers for whom TJ may become a central motivation to practice law, by reflecting on the moral (...) advantages that virtue ethics can offer such practitioners in their daily decision making. (shrink)