There is a growing trend in Australia to require lawyers to certify reasonable prospects of success for the cases they bring and defend. New South Wales has led the way with the Legal Profession Act 2004 (NSW) Pt 3.2 Division 10 requiring legal practitioners to certify reasonable prospects of success in all claims for damages. The requirement places a significant onus on lawyers to make a judgment about the merits of a case before it is begun, yet the common law (...) has long provided mechanisms to ensure that cases without prospects of success do not go to trial. This article considers Australian legislative provisions requiring lawyers to certify reasonable prospects of success of cases. It examines the application of the NSW legislation by the courts highlighting the difficulties of interpretation of what constitute 'reasonable prospects of success' and the application of the legislation in the context of the dynamic litigation process. It is argued that these legislated obligations on lawyers will have a detrimental effect on access to justice by denying parties, in particular plaintiffs, the opportunity to have their cases properly and fully determined in the courts. This article examines common law mechanisms for dissuading cases without prospects and argues that the general law is an effective system for ensuring that cases without prospects of success are not maintained. The Australian experience is instructive for consideration of optimal reform packages for the administration of justice and to evaluate the role of any litigation lawyer within the judicial and court process. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy of Music Education Review 11.2 (2003) 157-169 [Access article in PDF] Praxis and the PossibleThoughts on the Writings of Maxine Greene and Paulo Freire Randall Everett Allsup Columbia University Authors in a recent edition of the Philosophy of Music Education Review have assayed various understandings of praxis within the domain of music learning and teaching. 1 Leadened (perhaps) by history, this six-letter word sustains a multiplicity of (...) meanings. Philosophers as disparate as Aristotle, Marx and Engels, Sartre, Marshall Sahlins, Pierre Bourdieu, and David Elliott have represented praxis as a form of cultural-doing—but in many instances, this is where the similarities end. 2 By stirring up the pot, editor Estelle Jorgensen has sought to lighten history's burden, lest the word praxis suffer ossification, territorial over-use, or (worse) over-simplification.My first encounters with the word praxis were not particularly weighty or didactic. In graduate work with Maxine Greene, I would often hear praxis associated with the arts, with possibilities, openings, or alternatives. Greene does not construct a philosophical stance around the word; rather the conditions for praxis exist within the imagination, within "the capacity to look at things as if they could be otherwise." 3 Recalling Emily Dickinson, Greene writes that "imagination lights the possible's slow fuse." 4 Praxis, I think, is not simply the capacity to imagine alternative scenarios, but is instead the slow burning fuse of possibility and action. [End Page 157] This definition connects nicely with Paulo Freire, the revolutionary pedagogue who is of late often paired with Greene. 5 "Human activity," writes Freire, "consists of action and reflection: it is praxis." 6 The result is action upon our world.I must admit that as a long time fan of Freire (and as a student and friend of Greene), I have often wondered what exactly it means to act upon one's world, to name's one's world—especially as a music educator. Can such action lead to the creation of a love song? Can we say that certain art forms like the blues, be-bop, and jam band are more praxial than others? Might an encounter with Brahms lead to potentially transformative action upon my world?Freirian praxis, for sure, is non-neutral; it occurs when we disavow the traditional separation between abstracted learning and real life. After September 11, for example, my freshman music education majors created a requiem for the missing and the dead. This was the most difficult teaching I have ever facilitated. Before beginning our composition, we listened to several movements from the Faure Requiem, particularly the "In Paradisum": "May the choir of angels receive thee, and with Lazarus, once a beggar, mayst thou have eternal rest." We tried to attain Faure's sense of peace and hope; we admired his assurance that those who were gone were at rest, at peace. And we shared stories, and talked about our feelings and our pain. 7During this time, even the ordinary became infused with meaning. Banal pop music, like Enrique Inglesia's Hero, became a tribute song for many, including myself. Suddenly full of significance and relevance, I attended more closely to the simplicity of his chords and the sotto voce color of his voice: Would you die for the one you love? Hold me in your arms tonight. I wanna be your hero... The fact that this was an ordinary love song written some time before the terrorist attacks does not negate my feelings for it. Like Faure's requiem, it brought me a degree of comfort. In addition, I found solace in the music of Aaron Copland, particularly Quiet City. The open intervals seemed to speak of piece, quietude, and space. The opening trumpet recitative was defiant, but introspective—the English horn felt dark and mournful. I wanted to be back in an earlier New York, like the one that Copland knew and loved.Of course, acting upon our world requires inaction: thinking, perceiving, reflecting, reconceptualizing, connecting. For Freire and Greene, transformational or liberatory practice cannot... (shrink)

This paper discusses the most persistent controversial issue that occurred in Western educational philosophy ever since Socrates questioned the Sophists: the role of truth in teaching. Ways of teaching these kinds of controversy issues are briefly considered to isolate their epistemic characteristics, which will enable the interpretation of Plato and Dewey as exemplars of rationalism and empiricism regarding the role of knowledge in the curriculum and thus include their partial truths in the epistemic ethos of teaching. The consideration of pedagogy (...) will then include the partial truths of rationalism and empiricism in the epistemic ethos of teaching by following Kant's ‘Concepts without percepts are empty; perceptions without conceptions are blind’.This claim, however, is narrowed down in two ways compatible with postmodernism and the heavy emphasis on constructionism in faculties of education. After quoting Harry Broudy's statement that the educational epistemic ethos should be domain‐specific, guided by the experts’ inquiry protocols in each curricular area, it is narrowed down further with Maxine Greene's explication that it should be pluralistic and lesson‐specific. This epistemic ethos is not argued as a synthesis but as an aggregate of the partial truths of various epistemologies in the spirit of the postmodern doubt in any one theory of knowledge without throwing out the baby with the dirty bath water.Finally, the streams of consciousness involved in teaching and learning good knowledge are described phenomenologically to disclose how truth can be disclosed in teaching, thereby grounding propositional knowledge, for example, ontologically in the being of the student and in the being of the world. (shrink)

This article argues that Werner Herzog's 2010 film Cave of Forgotten Dreams both enacts and undermines a desire for origins that was characteristic of 20th century modernist discourse. I argue that the aim of the film is literally to embody the origin of cinema, as figured in the recurring motif of projected light playing across the darkened walls of Chauvet Cave, the earliest known site of prehistoric painting. Drawing on texts by Wilson Harris, Giorgio Agamben, Jean-Luc Nancy, and Maxine (...) Sheets-Johnstone, this article demonstrates that the phenomenology of the film's cave scenes and of its archaeological reconstructions produces not a straightforward self-presence at the scene of origins, but rather an “anachronic” or split temporality that links an imagined state of primordiality to the contemporary moment in a way that eludes the problematic modernist criterion of psychological authenticity. By failing to produce an immersive illusion of prehistoricity, the film is constantly thrown back onto its own simple act of “monstration”, or showing, without any transcendental ground. Instead of revealing a moment of origin, then, Cave of Forgotten Dreams plays the shifting role of what I describe, following the art historian Whitney Davis, as an ever-displaced “Figure 1” in an imaginary history of cinema. (shrink)

Recent feminist theory has attempted to bring considerations of women’s agency into analyses of the meaning and consequence of beauty norms in women’s lives. This article argues that these works have often been limited by their use of individualist frameworks or by their neglect of considerations of race and class. In this article I draw upon examples of African-American utilization of beauty discourse and practices in collective efforts to resist racism. I argue that there is no singular beauty standard enforced (...) by a unified male gaze. Instead, we should conceive of fields in which differently located individuals and groups invest in and promote particular ways of seeing beauty, producing both penalties and pleasures in women’s lives. (shrink)

The readings have been assembled with the specific intention of providing people in education with opportunities for first-hand encounters with men exploring facets of existence that concern those with responsibilities in the transformed world. The chapters will permit him to confront some of his own uncertainties; they will stir him to evaluate his commitments, and provide an introduction to a philosophic stance which has aroused interest among teacher: the diverse strains of thinking identified as existentialism. The selections are all pre-occupied (...) with 'education' in its inclussive sense: education as it refers to the multiple modes of becoming, of congronting life situations, of engaging with other. of struggling to be. (shrink)

Feminist scholarship has advanced our understanding of the family's relationship to the economy and the state over different historical periods. Theorizing about gender, class, and family life has led us to conclude that global explanations of the family are false. Our knowledge about the meaning of racial stratification for family life, however, still remains fragmented. This article asks, What does including race have to offer the study of the family? Analysis of two streams of revisionist family scholarship demonstrates the need (...) for reconceptualizing racial diversity in a way that embraces the experiences of White families as well as racial ethnic families. Family upheavals created by industrialization and deindustrialization offer concrete examples of the importance of race in theorizing family life throughout American society. (shrink)

This article aims to explore the attitudes and behaviors of persons with intellectual and developmental disabilities (IDD) related to their information privacy when using information technology (IT). Six persons with IDD were recruited to participate to a series of 3 semistructured focus groups. Data were analyzed following a hybrid thematic analysis approach. Only 2 participants reported using IT every day. However, they all perceived IT use benefits, such as an increased autonomy. Participants demonstrated awareness of privacy concerns, but not in (...) situations involving the use of technology; their awareness is not transferred to the abstract context of IT use. Privacy breaches were revealed to be a major risk for persons with IDD, who did not seem to understand how their personal information was used. Most protection mechanisms and tools reported were those suggested and implemented by caregivers and close relatives who had a great influence on the participants’ attitudes and behaviors toward IT and privacy. Our findings suggest that when using IT, persons with IDD often experience the consequences of a trade-off between autonomy and privacy. Further research and action is needed to support persons with IDD to understand and balance the benefits of IT use and the inherent threats to information privacy. (shrink)

This article responds directly to an article published in Research Ethics in 2011 where Schrag argued against ethics review for social science and humanities research. He argued that review committees offer solutions in search of a problem, impose silly restrictions and apply inappropriate principles. He suggests that review committees typically lack appropriate expertise and argued that the process harms the innocent. This article refutes these claims and offers a case study of the ethical review process at Queen Mary University of (...) London (QMUL) to offer counter claims. The discussion highlights the way in which the QMUL process is sensitized to the challenges posed by social science and humanities research and is a process that, rather than focusing upon avoiding harm, emphasizes notions of care to both participants and researchers. (shrink)

The Spiral Staircase, Karen Armstrong’s self-narrative, shows the limitations of theological or religious reflections within a specific religious community. Leaving the Sisters of Charity for a tumultuous academic life, historian of religion Karen Armstrong lives a wrenching ontological dislocation that originates in her undiagnosed epilepsy and negative body experiences. Using semiotician Algirdas Greimas’s ‘Semiotic Square’ as an interpretive strategy, the unresolved tensions and contradictions exposed in the deep narrative structure of this non-traditional conversion memoir are resolved by ‘compassion’ at the (...) manifest level. Armstrong’s experiences, both in and out of the convent, will inform her academic study and lead her to compassionate solidarity with the marginalized. Armstrong’s memoir reveals various internal and external forces that shape an individual woman’s way of being in the world, and that inform her investigation of multiple faith practices and beliefs. In a time of mass refugee migration and ‘homelessness’, the one woman, the one ‘other’, matters in how one thinks about the body and about God. (shrink)

This expanded second edition carries forward the initial insights into the biological and existential significances of animation by taking contemporary research findings in cognitive science and philosophy and in neuroscience into critical and constructive account. It first takes affectivity as its focal point, elucidating it within both an enactive and qualitative affective-kinetic dynamic. It follows through with a thoroughgoing interdisciplinary inquiry into movement from three perspectives: mind, brain, and the conceptually reciprocal realities of receptivity and responsivity as set forth in (...) phenomenology and evolutionary biology, respectively. It ends with a substantive afterword on kinesthesia, pointing up the incontrovertible significance of the faculty to cognition and affectivity. Series A. (shrink)

This chapter contains sections titled: Introduction: Not Philosophy‐as‐Usual An Overview of Feminisms in Relation to Philosophy (of Education) Two Personal Narratives of Identity and Philosophy of Education A Joint Preoccupation with Social Justice and Politics in Education Women in Public (and Noticing Them When They are There) An Indeterminate Ending.

In 2003 Japanese folk horror game Fatal Frame II: Crimson Butterfly directed by Makoto Shibata, the protagonist bears witness to an ancient tradition of a community linked to the ritual sacrifice of twins, which results in the female victim becoming a malevolent spirit. Gradually the player, as Mio, equipped with the Camera Obscura, transitions from observer to participant in the cycle of events that results in sacrificing their own twin sister. This article focuses on establishing the game within the folk (...) horror subgenre, before examining three female characters: Mio, the protagonist, who shifts from witness/voyeur to participant; Mayu, their twin, who transitions from unwilling to willing sacrifice; and Sae, the victim of the original ritual and antagonist. In Fatal Frame II, the Camera Obscura, which captures the supernatural world, is the lens through which past and present blur as the player is confronted by the twisted beliefs of the village. Through analysis of the game’s narrative, ludic elements, and visual aesthetics, I examine how these roles fit within the context of folk horror, gender and Japanese folklore. (shrink)

The relationship between the family and the market has long been an issue of contention in Western societies. Since the 1970s, that relationship has required renegotiation as women, who had performed the great majority of caretaking work, have entered the workforce in increasing numbers. At the same time, women’s movement into the workplace and the changes in public policy that have accompanied it have spurred significant scholarly commentary over how the familymarket relationship should be reconstructed. This Article argues against one (...) possible approach to this reconstruction, in which the state withdraws barriers between the family and the market that support families’ caretaking and human development activities. Under this approach, which by and large has been adopted in public policy in the United States, women’s movement into the role of breadwinner has been accompanied by decreased state support for caretaking and human development, in the belief that market forces should properly determine how these activities are conducted. This Article argues that the market is the wrong tool to use to “distribute” these activities. Doing so is not only resulting in an unjust distribution of these activities among and within families, it is causing serious harm, not only to society’s most vulnerable citizens, but also to the polity as a whole. The proper role of the state, this Article argues, is to buffer caretaking and human development activities from market forces in order to ensure the wellbeing of individuals, families, and society. (shrink)

When faith traditions confront postmodern uncertainties regarding historical liturgical practices, political and cultural ideologies, the self and sacred space, the assurance of truth claims, allegorical readings and interpretations of sites where divine presence is found are equally questioned. Can allegorical interpretations offer a valuable strategy in postmodern understandings for identifying how Divine presence is embodied? One possibility is to discover how two Anglican women embody their faith community’s via media and in turn these women may be read as an “open (...) icon.” To provide contrasting views, Orthodox Icons are particularly noted for their allegorical certainties that identify and point with sharp clarification to Tradition and the Church’s sacramental understandings. An allegorical frame “closes” the Orthodox icon. In a postmodern view, allegory “opens” said frame to a vast horizontal landscape that discovers spaces, places, and persons in which the Holy Spirit works mysteriously and unexpectedly. Both Evelyn Underhill and Barbara Brown Taylor writing almost a century apart and each encountering their respective historical reactions to “modernism,” trace the margins of their faith along the Anglican understanding of the via media. In doing so, both suggest the notion of “open” icon—the body itself. (shrink)

Previous research has shown that short-term fasting in healthy individuals is associated with changes in risky decision-making. The current experiment was designed to examine the influence of short-term fasting in healthy individuals on four types of impulsivity: reflection impulsivity, risky decision-making, delay aversion, and action inhibition. Participants were tested twice, once when fasted for 20 hours, and once when satiated. Participants demonstrated impaired action inhibition when fasted; committing significantly more errors of commission during a food-related Affective Shifting Task. Participants also (...) displayed decreased reflection impulsivity when fasted, opening significantly more boxes during the Information Sampling Task (IST). There were no significant differences in performance between fasted and satiated sessions for risky decision-making or delay aversion. These findings may have implications for understanding eating disorders such as Bulimia Nervosa (BN). Although BN has been characterised as a disorder of poor impulse control, inconsistent findings when comparing individuals with BN and healthy individuals on behavioural measures of impulsivity question this characterisation. Since individuals with BN undergo periods of short-term fasting, the inconsistent findings could be due to differences in the levels of satiation of participants. The current results indicate that fasting can affect performance on the IST, a measure of impulsivity previously studied in BN, whilst performance on other impulsivity measures were unaffected. However, the results from the IST were contrary to the original hypothesis and should be replicated before specific conclusions can be made. (shrink)

This article identifies already existing theoretical and methodological commonalities between evolutionary biology and phenomenology, concentrating specifically on their common pursuit of origins. It identifies in passing theoretical support from evolutionary biology for present-day concerns in philosophy, singling out Sartre’s conception of fraternity as an example. It anchors its analysis of the common pursuit of origins in Husserl’s consistent recognition of the grounding significance of Nature and in his consistent recognition of animate forms of life other than human. It enumerates and (...) exemplifies five basic errors of continental philosophers with respect to Nature, errors testifying to a philosophical fundamentalism that distorts the intricate interconnections and relationships of Nature in favor of a preferred knowledge rooted in ontological reductionism. It shows that to discover and appreciate the common ground, one must indeed study “the things themselves.”. (shrink)