In Australia, since 2004, there has been a move to expand the range of models for legal practice. Lawyers may now incorporate a legal practice, which may have non-legal directors and shareholders. They may also enter into a partnership with a range of non-legal professional partners. This change is happening at the same time that legal practice culture is moving from a professional service model to a business-oriented model. Increased pressures have been thrown into the mix by the global financial (...) crisis and the downturn in the legal market. Inevitably, these changes have created new conflict problems. When a lawyer is responsible to both clients and shareholders, how can that conflict be resolved? What are the roles of non-legal directors or partners? What if they have ethical or legal duties which conflict with a lawyer?s duty to a client? When a corporate legal business is listed on the stock exchange, what pressure may that bring to bear on the business model of the legal practice? How can all of these issues be resolved in grim financial times? The author will examine all of these issues in light of Australian and international experiences with new lawyering patterns and the global financial crisis. (shrink)

Pezdek and Lam [Pezdek, K. & Lam, S. . What research paradigms have cognitive psychologists used to study “False memory,” and what are the implications of these choices? Consciousness and Cognition] claim that the majority of research into false memories has been misguided. Specifically, they charge that false memory scientists have been misusing the term “false memory,” relying on the wrong methodologies to study false memories, and misapplying false memory research to real world situations. We review each of these claims (...) and highlight the problems with them. We conclude that several types of false memory research have advanced our knowledge of autobiographical and recovered memories, and that future research will continue to make significant contributions to how we understand memory and memory errors. (shrink)

Fair trade aims at humanising the capitalist economy by serving the community, instead of simply striving for financial profit. The current fair trade sector is an excellent example of an innovation where networks based on ethical principles can help to effectively serve this market. Our analysis is based on 48 interviews amongst fair trade innovators in France and illustrates the advent of a new type of entrepreneur, one that is grounded in the social and solidarity economy (SSE). Based on a (...) service-dominant logic, these innovators aim to construct a 'new world' centred on trade relationships by integrating the role of multiple-player networks into the creation of value in the market. (shrink)

Combining careful historical and textual analysis with comparisons across past and present political theory, this book re-establishes Spinoza as a collectivist philosopher.

Some have claimed that identity crowding is a case where we consciously see an object to which we are unable to pay attention. Opponents of this view offer alternative explanations, which emphasise the importance of prior knowledge, amongst other factors. We review new empirical evidence showing that prior knowledge has a profound effect on identity crowding. We argue that this is problematic for the “conscious seeing without attention” view, and supports an opposing view.

New Caledonian crow populations have developed complex tools that show suggestive evidence of cumulative change. These tool designs, therefore, appear to be the product of cumulative technological culture. We suggest that tool-using NC crows offer highly useful data for current debates over the necessary and sufficient conditions for the emergence of CTC.

In this essay, I consider three different conceptions of ‘the people’ and what it means to ‘respect’ their collective will and wisdom: (a) the democratic conception of the people as a sprawling demos, (b) the populist conception of the people as an authentic folk (c) and, finally, the vanguardist conception of the people as the semi-mute masses who stand in need of revolutionary transformation. Although my ultimate aim is to defend the democratic conception of the people over both the populist (...) conception and the vanguardist conception, much of this essay is taken up simply spelling out each of these conceptions of the people and outlining their consequences for the conduct of politics. I begin by contrasting the democratic conception with the populist conception. I then turn briefly to the vanguardist conception. I close with a brief, and admittedly incomplete defence of a particular form of democracy – what I call transformative or ameliorative democracy – which conceives of the people as a self-transformative totality. (shrink)

The Western focus on personal autonomy as the normative basis for securing persons’ consent to their treatment renders this autonomy-based approach to informed consent vulnerable to the charge that it is based on an overly atomistic understanding of the person. This leads to a puzzle: how does this generally-accepted atomistic understanding of the person fits with the emphasis on familial consent that occurs when family members are provided with the opportunity to veto a prospective donor’s wish to donate after she (...) has died and her organs are being considered for harvesting? It is argued in this paper that this charge can be met and this puzzle dissolved once it is recognized that autonomy is an inherently social concept. (shrink)

Our research seeks to answer the question of how a conventional commodity supply chain can be transformed into a disintermediated commodity supply chain in the context of the fair trade (FT) movement. We present a normative framework for conceptualizing the disintermediation process, exploring the variables bearing on this process using the case of FT coffee to illustrate our insights. We highlight the motivational sources driving FT, suggesting that it is increasingly to the advantage of multinational enterprises to leverage their market (...) power to circumvent intermediaries in the supply chain and, in so doing, shift a greater share of income and wealth to producing communities. A research agenda centered on building an FT supply‐chain disintermediation index is proposed. (shrink)

A familiar theme in Greek philosophy, largely due to the influence of Plato's Cratylus, linguistic naturalism constitutes a major but under-studied area of Roman linguistic thought. Indeed, it holds significance not only for the history of linguistics but also for philosophy, stylistics, rhetoric and more. The chapters in this volume deal with a range of naturalist theories in a variety of authors including Cicero, Varro, Nigidius Figulus, Posidonius, and Dionysius of Halicarnassus. The result is a complex and multi-faceted picture of (...) how language and nature were believed to interrelate in the classical Roman world. (shrink)

Background: The use of therapeutic untruths raises a number of ethical issues, which have begun to be explored to some extent, particularly in dementia care services, where their use has been found to be high. Little is known, however, about their use by health professionals working in learning disability services. Research question: The study aimed to explore the frequency of use of therapeutic untruths by student learning disability nurses, and by their colleagues; how effective the students perceived them to be (...) as a means of responding to behaviours that challenge; and their level of comfort with using them. Research design: A correlational design was used to gather data from an online version of the Best Interest Scale, adapted for a learning disability context. Participants were 30 learning disability student nurses studying at a university in the North-East of England. Ethical considerations: The study was reviewed and received ethical approval from the first author’s university ethics committee. Findings: Overall, 96% of participants reported using therapeutic untruths. ‘Omission’ was the most frequently used type of therapeutic untruths, the most effective and the type that the students felt most comfortable using. Frequency of use of therapeutic untruths correlated significantly and positively with perceived effectiveness and the level of comfort that the students felt when using them, for all types of therapeutic untruths. Conclusion: The use of therapeutic untruths by the student nurses was consistent with that found in research in dementia care services in the United Kingdom and abroad. Further research to explore the generalisability of the results to the wider context of learning disability services is needed. The study highlights that there may be a need for more formal guidance and educational input to student nurses in the use of therapeutic untruths with people with a learning disability. (shrink)