Aboriginal Australians have traditionally enjoyed little protection from the law. The matter of land has been at the heart of white settler/Aboriginal relations since the nation was first founded. It is only recently that recognition has been given to the land rights of Australian indigenous people. This recognition was finally made at the property law level in 1992 through the High Court decision in Mabo v. Queensland (n. 2) ([1992] 175 CLR 1). The 1993 High Court decision in The Wik (...) Peoples v. Queensland ([1996] 71 ALJR 173) reinforced that recognition. It did so through the principle that pastoral lessees' and native title holders' rights might co‐exist except that, in the event of any inconsistency, the pastoralists' rights were to prevail, provided pastoral activity was being pursued. The most recent legal change is the parliamentary revision of the Native Title Act so that the Wik co‐existence principle was put to rest, mainly through permitting the State governments to upgrade pastoral holdings to a form of freehold, thus immunising them from native title claims, and minimising the payment of compensation. In this paper we argue that the country must consider what has been lost in this about‐turn from the recognition of native title to land in Mabo. We argue that the nation must consider the emphases in the Mabo judgments upon the significance of international law and the need for the common law not to be locked into a racist past. From that point, we contend for the need to recognise not only native title to land but what lies beyond that: indigenous political and human rights. (shrink)

In this paper the author focuses on Australian land management and in particular on the environmental management issues that could have been prompted by the High Court recognition in 1996 (in Wik Peoples v. The State of Queensland) that native title to land and pastoral leaseholdings can co‐exist. Drawing on themes of self‐determination and co‐existence, the paper looks at more specific topics such as aboriginal title to land—what has been called land rights or native title in Australia—and some implications of (...) that for land, sea and resource management. Central to this analysis are competing theories of Aboriginal land management and links between Aboriginal traditional knowledge and conservation of species. These are illustrated through the marine mammal, the dugong. The Australian debates lead to the Canadian debates and then to Scandinavia and the role of the Sami people in protection and management of the Arctic region. Issues of indigenous self determination inevitably provide an overall theme to these discussions. As a matter of global concern, the paper asks, but does not decide, whether indigenous peoples may manage fragile eco‐systems more effectively than outsiders. It maintains that what is important in this context is a broader question. This concerns how culturally inclusive land and resource management can emerge from recognition of indigenous land and human rights and how comparative developments can provide crucial cross‐jurisdictional information for future developments and opportunities in the interests of environmental conservation. (shrink)

Featuring an impressive roster of contributors, this book will serve as a bold and irreplaceable source of information for legal scholars, lawyers, and ...

Then newly elected Labor Prime Minister, Kevin Rudd, made a historic statement of “Sorry” for past injustices to Australian Indigenous peoples at the opening of the 2008 federal parliament. In the long-standing absence of a constitutional ‘foundational principle’ to shape positive federal initiatives in this context, there has been speculation that the emphatic Sorry Statement may presage formal constitutional recognition. The debate is long overdue in a nation that only overturned the legal fiction of terra nullius and recognised native title (...) to lan with the High Court’s decision in Mabo in 1992. This article explores the implications of the Sorry Statement in the context of reparations for the generations removed from their families under assimilation policies (known since the Bringing Them Home Inquiry as the Stolen Generations). We draw out the utility of recent human rights statutes—such as the Human Rights Act 2004 (ACT)—as a mechanism for facilitating justice, including compensation for past wrongs. Our primary concern here is whether existing legal processes in Australia hold further capacity to provide reparation for Australian Indigenous peoples or whether their potential in that regard is already exhausted. We compare common law and statutory developments in other international jurisdictions, such as Canada, as an indication of what can be achieved by the law to facilitate better legal, economic and social outcomes for Indigenous peoples. The year 2008 also saw Canadian Prime Minister Stephen Harper express his apology to residential school victims in the Canadian Parliament, providing thematic and symbolic echoes across these two former colonies, which, despite remaining under the British monarchy, both forge their own path into the future, while confronting their own unique colonial past. We suggest that the momentum provided by the recent public apology and statement of “Sorry” by the newly elected Australian Prime Minister must not be lost. This symbolic utterance as a first act of the 2008 parliamentary year stood in stark contrast to the long-standing recalcitrance of the former Prime Minister John Howard on the matter of a formal apology. Rather than a return to a law enforcement-inspired “three strikes and you’re out” approach, Australia stands poised for an overdue constitutional and human rights-inspired “three ‘sorries’ and you’re in”. (shrink)

With the arrival of another wave of “boat people” to Australian waters in late 2009, issues of human rights of asylum seekers and refugees once again became a major feature of the political landscape. Claims of “queue jumping” were made, particularly by some sections of the media, and they may seem populist, but they are also ironic, given the protracted efforts on the part of the federal government to stymie any orderly appeals process, largely through resort to “privative clauses”. Such (...) clauses demonstrate the many ways in which human rights of those seeking asylum in far-off lands and are potential future immigrants, who often lack much-touted needed papers, yet who are for the most part genuine refugees, are subject to the slings and arrows of political fortune (and misfortune). Approaching the courts if treated unfairly or seeking a further decision as to your fate would seem one of the fundamental premises of human rights. Yet privative clauses—or attempts to ouster the jurisdiction of the courts and to insulate decisions from appeal—have become an increasingly frequent feature of the Australian migration legislation. With a seemingly watertight federal constitutional power set in stone since 1901, to deal with migration and aliens, and without the tempered contemporary update of a federal Bill of Rights, the Australian federal government has been able to narrow the grounds of judicial review in those contexts. We argue that the concerted efforts to deny such fundamental rights of appeal to those most in need of the full armoury of the protection of the law in a modern, affluent democracy, constitutes both a breach of their human rights and a breach of core constitutional principles such as separation of powers. Those principles may not be formally articulated in the text of the Australian Constitution, but in our view they are implicit in the constitutional arrangements, and hence we can conclude with the arguments of former Justice of the High Court of Australia, Michael Kirby, who asked—to whom does sovereignty truly belong? (shrink)

This article continues the themes developed in a previous paper looking at reparations for past wrongs in post-colonial Australia. It narrows the focus to examine the scope of the law of tort to provide reparations suffered as a result of colonisation and dispossession, with particular emphasis on the assimilation policies whose legacy is now known emphatically, although it ought not be exclusively, as the Stolen Generations. The search for more than just words is particularly topical in light of the Australian (...) Prime Minister’s formal apology in early 2008. This highly symbolic step must not lose momentum. That momentum could be both political and legal. In the latter context, we explore here the concept of alien tort, in the light of current Australian tort jurisprudence, which has thus far proved inadequate to achieve compensation for the harms suffered. Taking a comparative approach, procedural and substantive developments are to better deliver justice consistent with community values. In particular, the greater acceptance of psychological harm as actionable tortious conduct in Canada and the United States is examined. The article further examines the scope for stolen children to bring suit under the US Alien Tort Claims Act 1789. While the Australian government enjoys sovereign immunity in the courts of the United States, non-state organisations such as churches that were complicit in the forcible removals may be subject to United States jurisdiction wherever they have a presence in that country. The procedural and substantive elements of such a claim are discussed. In particular, the relevant cause of action, the issue of forum non conveniens and the statute of limitations will be analysed to map out whether a claim could be developed and successfully prosecuted. (shrink)

Disease in wildlife raises a number of issues that have not been widely considered in the bioethical literature. However, wildlife disease has major implications for human welfare. The majority of emerging human infectious diseases are zoonotic: that is, they occur in humans by cross-species transmission from animal hosts. Managing these diseases often involves balancing concerns with human health against animal welfare and conservation concerns. Many infectious diseases of domestic animals are shared with wild animals, although it is often unclear whether (...) the infection spills over from wild animals to domestic animals or vice versa. Culling is the standard means of managing such diseases, bringing economic considerations, animal welfare and conservation into conflict. Infectious diseases are also major threatening processes in conservation biology and their appropriate management by culling, vaccination or treatment raises substantial animal ethics issues. One particular issue of great significance in Australia is an ongoing research program to develop genetically modified pathogens to control vertebrate pests including rabbits, foxes and house mice. Release of any self-replicating GMO vertebrate pathogen gives rise to a whole series of ethical questions. We briefly review current Australian legal responses to these problems. Finally, we present two unresolved problems of general importance that are exemplified by wildlife disease. First, to what extent can or should 'bioethics' be broadened beyond direct concerns with human welfare to animal welfare and environmental welfare? Second, how should the irreducible uncertainty of ecological systems be accounted for in ethical decision making? (shrink)

This collection brings together fourteen contributions by authors from around the globe. Each of the contributions engages with questions about how local and global bioethical issues are made to be comparable, in the hope of redressing basic needs and demands for justice. These works demonstrate the significant conceptual contributions that can be made through feminists' attention to debates in a range of interrelated fields, especially as they formulate appropriate responses to developments in medical technology, global economics, population shifts, and poverty.

William Ernest Hocking was an American philosopher as comfortable with the categories of fact and experience as with those of reason and idea; one optimistic and self-reliant as his Midwest background suggests who also both in travel and spirit was at home in India and the East. In fact, he believed that an adequate metaphysics or theory of knowledge would be one that contained, as did his own, elements of Eastern mysticism and Western realism. His conception of the self (...) also contains elements of both traditions. Because of this combination of elements and also because of the manner in which he combined them, his position deserves more consideration than it is generally accorded. In various of his writings Hocking described three different but interrelated conceptions of the self. In his own terminology, the self is a “field of fields,” a “reflective-excursive system,” and a “will to reality.” The aim of this paper, then, will be to summarize and relate these conceptions, with a view also to making visible certain realistic and mystic, certain Western and Eastern, elements in these conceptions. (shrink)

Do the rich descriptions and narrative shapings of literature provide a valuable resource for readers, writers, philosophers, and everyday people to imagine and confront the ultimate questions of life? Do the human activities of storytelling and complex moral decision-making have a deep connection? What are the moral responsibilities of the artist, critic, and reader? What can religious perspectives—from Catholic to Protestant to Mormon—contribute to literary criticism? Thirty well known contributors reflect on these questions, including iterary theorists Marshall Gregory, James Phelan, (...) and Wayne Booth; philosophers Martha Nussbaum, Richard Hart, and Nina Rosenstand; and authors John Updike, Charles Johnson, Flannery O'Connor, and Bernard Malamud. Divided into four sections, with introductory matter and questions for discussion, this accessible anthology represents the most crucial work today exploring the interdisciplinary connections between literature, religion and philosophy. (shrink)

Animal ethicists have recently debated the ethical questions raised by disenhancing animals to improve their welfare. Here, we focus on the particular case of breeding hens for commercial egg-laying systems to become blind, in order to benefit their welfare. Many people find breeding blind hens intuitively repellent, yet ‘welfare-only’ positions appear to be committed to endorsing this possibility if it produces welfare gains. We call this the ‘Blind Hens’ Challenge’. In this paper, we argue that there are both empirical and (...) theoretical reasons why even those adopting ‘welfare-only’ views should be concerned about breeding blind hens. But we also argue that alternative views, which (for example) claim that it is important to respect the telos or rights of an animal, do not offer a more convincing solution to questions raised by the possibility of disenhancing animals for their own benefit. (shrink)

Although a detailed analysis of Darwin’s lexicon inOn the Origin of Specieshas not been undertaken, critical literature claims that there are lexical signs of a teleological nature in the language used in this work. I intend to refute, through an analysis of the lexicon in Darwin’s work, the criticisms that claim a teleological subtext in Darwin’s language and that conceive said language to be a reflection of a teleological conception of nature. I will place special emphasis on the lexical material (...) that Darwin uses in those paragraphs dedicated to the description of the function of Natural Selection. (shrink)

Utilitarianism is one of the “grand Enlightenment” moral philosophies. It provides a means of evaluating the ethical implications of common and unusual situations faced by psychiatrists, and offers a logical and ostensibly scientific method of moral justification and action. In this first of our two papers, we trace the evolution of utilitarianism into a contemporary moral theory and review the main theoretical critiques. In the second paper we contextualize utilitarianism in psychiatry and consider its function within the realm of the (...) professional ethics of psychiatrist as physician, before applying it to two dilemmas faced by psychiatrists as individuals and as members of a profession. We conclude that psychiatry must search beyond utilitarianism in grappling with everyday clinical scenarios. (shrink)

Cultural critics of the “feminization of love” have argued that heterosexual love has been feminized by a stress on emotional expressivity that masks “masculine” love, with its greater emphasis on instrumental behaviors. Using survey data, this article examines the extent to which the feminization-of-love hypothesis can be extended to same-sex friendships. Data analyses revealed that women's friendships were more expressive than men's only when a narrow, positive definition of expressivity was employed; men's friendships were found to be more aggressive, but (...) no more instrumental, than those of women. These and other findings support the conclusion that women's friendships are more similar to the cultural images of heroic friendship and sisterhood than to the narrower image of feminized love. (shrink)

In this paper we shall give a characterization of D-algebras in terms of lattice ordered abelian groups. To make this paper self-contained we shall recall some notations from [4]. The symbols !; ^; _; serve as implication, conjunction, disjunction, and negation, respectively. By D we mean a set of connectives from the list above containing the implication connective !. By a D-formula we mean a formula built up in a usual way from an innite set of the propositional variables and (...) connectives from D. (shrink)

In The Logic of Decision Richard Jeffrey defends a version of expected utility theory that advises agents to choose acts with an eye to securing evidence for thinking that desirable results will ensue. Proponents of "causal" decision theory have argued that Jeffrey's account is inadequate because it fails to properly discriminate the causal features of acts from their merely evidential properties. Jeffrey's approach has also been criticized on the grounds that it makes it impossible to extract a unique probability/utility representation (...) from a sufficiently rich system of preferences (given a zero and unit for measuring utility). The existence of these problems should not blind us to the fact that Jeffrey's system has advantages that no other decision theory can match: it can be underwritten by a particularly compelling representation theorem proved by Ethan Bolker; and it has a property called partition invariance that every reasonable theory of rational choice must possess. I shall argue that the non-uniqueness problem can be finessed, and that it is impossible to adequately formulate causal decision theory, or any other, without using Jeffrey's theory as one's basic analysis of rational desire. (shrink)

This book will be a good tool in planning and implementing plans for school improvement and continued student growth.

Machine generated contents note: Part I. Introduction: 1. Personal epistemology in the classroom: a welcome and guide for the reader Florian C. Feucht and Lisa D. Bendixen; Part II. Frameworks and Conceptual Issues: 2. Manifestations of an epistemological belief system in pre-k to 12 classrooms Marlene Schommer-Aikins, Mary Bird, and Linda Bakken; 3. Epistemic climates in elementary classrooms Florian C. Feucht; 4. The integrative model of personal epistemology development: theoretical underpinnings and implications for education Deanna C. Rule and Lisa D. (...) Bendixen; 5. An epistemic framework for scientific reasoning in informal contexts Fang-Ying Yang and Chin-Chung Tsai; Appendices; 6. Who knows what and who can we believe? Epistemological beliefs are beliefs about knowledge (mostly) to be attained from others Rainer Bromme, Dorothe Kienhues, and Torsten Porsch; Part III. Students' Personal Epistemology, its Development, and Relation to Learning: 7. Stalking young persons' changing beliefs about belief Michael J. Chandler and Travis Proulx; 8. Epistemological development in very young knowers Leah K. Wildenger, Barbara K. Hofer, and Jean E. Burr; 9. Beliefs about knowledge and revision of knowledge: on the importance of epistemic beliefs for intentional conceptual change in elementary and middle school students Lucia Mason; 10. The reflexive relation between students' mathematics-related beliefs and the mathematics classroom culture Erik De Corte, Peter Op 't Eynde, Fien Depaepe, and Lieven Verschaffel; 11. Examining the influence of epistemic beliefs and goal orientations on the academic performance of adolescent students enrolled in high-poverty, high-minority schools P. Karen Murphy, Michelle M. Buehl, Jill A. Zeruth, Maeghan N. Edwards, Joyce F. Long, and Shinichi Monoi; 12. Using cognitive interviewing to explore elementary and secondary school students' epistemic and ontological cognition Jeffrey A. Greene, Judith Torney-Purta, Roger Azevedo, and Jane Robertson; Part IV. Teachers' Personal Epistemology and its Impact on Classroom Teaching: 13. Epistemological resources and framing: a cognitive framework for helping teachers interpret and respond to their students' epistemologies Andrew Elby and David Hammer; 14. The effects of teachers' beliefs on elementary students' beliefs, motivation, and achievement in mathematics Krista R. Muis and Michael J. Foy; Appendices; 15. Teachers' articulation of beliefs about teaching knowledge: conceptualizing a belief framework Helenrose Fives and Michelle M. Buehl; Appendices; 16. Beyond epistemology: assessing teachers' epistemological and ontological world views Lori Olafson and Gregory Schraw; Part V. Conclusion: 17. Personal epistemology in the classroom: what does research and theory tell us and where do we need to go next? Lisa D. Bendixen and Florian C. Feucht. (shrink)

Managers are expected to actively build their role, shaping and adjusting it day after day on their own company needs and on market upheaval. In our society development became one of the keywords: development at all costs, continuous growth, economic growth, professional development, purchasing power growth. Inside this logic a self-empowerment or coaching project are frequntly required, and really often the consultant acts inside the same logic of development at all cost. When the adviser agrees to this request without opening (...) a space to analyze the question, but simply working on the given target in order to supply the comforting answer, he acts inside the same weird and directive logic leading to the prevalence of the role on the person. Working through an effective empowerment perspective means working together with the person in the role: improving his self-awareness, promoting a reflection on targets and values, ensuring an elaboration space for emotions and experiences. The aim is to bring into question the answer taken for granted, trying to look from a different perspective what we do, what we are, what we say. (shrink)

In Australia, the university ethics approval process is guided by the National Statement on Ethical Conduct in Human Research. The National Statement does not provide a hurdle to be overcome or avoided, nor is it a Godzilla-like monster that must be slain for truth to survive. Rather the National Statement provides an affirmation of an abiding respect for all life and a mechanism for beginning the intelligent questioning, theorization and contextualization for a work of art. Focusing specifically on the emergent (...) discipline of artistic research, this article addresses the question of how the supervisory process may take on the ‘spirit’ of the National Statement to engender genuine ethical debate, rather than merely focus on the instrumental obstacles that seem to get in the way of the research. It specifically addresses the emergent field of artistic research and the concomitant resistance to ethical regulation of artistic research, in which bureaucratic instrumentalism and compliance or censorship are considered to potentially emasculate the vitality of an art work and the ability of art to serve as a truthsayer or agent provocateur. In this, the attitude of the supervisor toward research ethics in artistic research is considered a key factor in determining their students attitudes towards the ethics process. This article will present several initiatives undertaken with the intent of more fully engaging supervisors and students with research ethics. (shrink)

Automobile insurance companies are joining the move to managed care in the hopes of reducing health-care expenditures arising out of automobile accidents. Industry interest is strong enough that large managed care organizations, such as Concentra Managed Care, Inc., and HNC Insurance Solutions, are beginning to offer their existing network of providers to persons seeking medical care for automobile accident injuries and their evaluation software to insurers.While insurance companies have successfully pressed four state legislatures and one commissioner of insurance for authorization (...) to offer consumers a managed care option in automobile insurance policies, these efforts have not gone unchallenged. Vocal opponents, primarily lawyer and chiropractic organizations, question whether persons injured in accidents will receive care when needed, what the quality of care received will be, and whether any savings will be passed on to consumers. (shrink)

The case of Vo v. France represents the latest phase of the European Court of Human Rights’ thinking on the scope of Article 2 of the European Convention on Human Rights (the right to life) in relation to foetal life where a foetus had been lost owing to a medical accident. The Court by a majority decided that, “even assuming” Article 2 applied to the instant case (albeit to the life of the pregnant woman rather than that of the foetus), (...) it had not been violated. While the facts in Vo were extreme and exceptional, the Court will shortly hear the case of D v. Ireland concerning access to abortion for foetal anomaly, an application made under Articles 3, 8, 10 and 14 of the European Convention. If the case of D were declared admissible, the Court would then have to consider whether a denial of access to abortion for foetal anomaly constitutes inhuman and degrading treatment contrary to Article 3, or an interference with a pregnant woman’s right to respect for private life under Article 8 (and if so, how the doctrine of the margin of appreciation applies). The Grand Chamber precedent of Vo displays ambivalence about whether Article 2 should apply to foetal life, and its resort to the “even assuming” formula spared Member States the difficulty of having to justify their various abortion regimes, by reference to this Article. It remains to be seen whether in a case like D that is directly concerned with abortion, the Court will take a more definite stance on the correct balance to be struck between the State’s interest in protecting foetal life and the Convention rights of pregnant women. (shrink)