This Article focuses both on the changes that have been made to the legal framework governing post-separation parenting of children in Australia, as well as the processes and discourses via which these matters have been dealt with and debated. Alone among comparable common law jurisdictions such as Canada, the United States, and England, Australia’s family law legislation, and the significant changes made to it in the past fifteen years, can be seen to have been particularly responsive to the lobbying (...) of fathers’ rights groups. It will be suggested that changes to the legislative framework that governs family law in Australia have taken place, at best, without any clear rationale or need and perhaps more problematically, have at times flown in the face of, rather than been undertaken by reference to, the evidence-based research about post-separation parenting practices and what we know about children’s welfare or best interests, the paramount consideration that underpins decision-making in this field. The purpose of this discussion is to attempt to posit some possible explanations for this distinctive path of Australian family law “reform”. (shrink)

ABSTRACTIt was only in the early twentieth century that China discovered that it had a population, at least if a population is understood not as a simple number of people but instead in terms of such features as variable levels of health, birth and death rates, age, sex, dependency ratios, and so on—as an object with a distinct rationality and intrinsic dynamics that can be made the target of a specific kind of direct intervention. In 1900, such a developmentalist conception (...) of the population simply did not exist in China; by the 1930s, it pervaded the entire social and political field from top to bottom. Through a reading of a series of foundational texts in population and family reformism in China, this paper argues that this birth of the Chinese population occurred as a result of a general transformation of practices of governing, one that necessarily also involved a reconceptualization of the family and a new logic of overall social rationalization; in short, the isolation of a population–family–economy nexus as a central field of modern governing. This process is captured by elaborating and extending Foucault's studies of the historical emergence of apparatuses into a notion of fields of governability. Finally, this paper argues that the one‐child policy, launched in the late 1970s, should be understood not in isolation from the imposition of the “family‐responsibility system” in agriculture and market reforms in exactly that period, but as part—mutatis mutandis—of a return to a form of governing that was developed in the first half of the twentieth century. (shrink)

Despite claims of ‘evidence based policy’, the place of empirical evidence in family law reform is ambiguous. There is ongoing socio-legal analysis of the differential value and uses of quantitative data and anecdote in detailing women’s experiences and advocating for change. In this paper, we engage with these issues through a focus on how data were constructed in a key government report, Every Picture Tells a Story, which was used to officially define the problem and outline recommendations in (...) the controversial 2006-08 reform of the Australian Child Support Scheme. Our discussion focuses on two questions: what legitimacy is accorded to different kinds of evidence in family law reform processes?; and, how is this legitimacy gendered? We applied feminist critical discourse analysis to the type, source and claims of the data included in the child support chapter of the report. Our findings indicate that both quantitative data and anecdote were used to privilege fathers’ financial interests and autonomy; in contrast, women’s voices and interests were marginalised. Thus, we argue the legitimacy of data is ascribed through its relationship to the gendered definition of the ‘problems’ of child support, rather than the type of data per se. (shrink)

This paper contributes to international feminist debates on shared parenting and family violence via reforms to Canada’s Divorce Act, in force since 2021. Looking backwards, it reviews parliamentary debates and early judicial discussions. The documentary review reads the reforms as an unstable compromise between calls from feminist voices and experts on family violence and from groups representing fathers. Family violence is now defined broadly and declared relevant to children’s welfare. But language in the statute may undermine its (...) seriousness. Exposing the tensions underlying these reforms is useful for Canadian participants in family justice and for scholars, practitioners, and policymakers elsewhere, exemplifying the promise and perils of reform in this area. Looking ahead, the paper offers recommendations to higher courts. Appellate judges should read rules on contact with both parents and parental cooperation in the light of the new recognition of family violence, taking the latter as an overarching objective of the statute. (shrink)

As the United Nations declared the beginning of the “Decade of Family Farming” in 2017, scholars were increasingly questioning the romanticized and uncritical use of the term to mask some structural inequalities, including patriarchal ownership, colonialism, heteronormativity, family and child labor exploitation, poor labor standards, and environmental destruction. This introduction to a special symposium on the family farm differentiates scholarly approaches to studying family farming into three categories: celebratory, reformist, and abolitionist. After summarizing the papers included (...) in this special issue, this introduction contends that it may be time to move beyond biological and marital relations when analyzing the most effective ways to solve social and environmental problems related to agricultural production. (shrink)

The reform of China’s one-child policy allows families to have more children and thus may affect anticipation of intergenerational succession of family businesses and drive family firms to improve their corporate social responsibility (CSR). Using a difference-in-differences design, we find that the reform positively affects the CSR of family firms. We also find that the positive impact is more pronounced for family firms whose owners have fewer children, have no son, and have not yet (...) surpassed reproductive age (older than 50), which confirms the theory that anticipation of intergenerational succession drives CSR in such firms. Moreover, we find that the positive impact is more pronounced for firms that operate in environments where CSR is more strategically important. We validate our findings by showing that the reform prompts investment in value-enhancing CSR and curtails short-termism. This study offers novel evidence that government policies conducive to intergenerational succession in family firms can lead to not only strategic CSR but also to truly ethical corporate behaviour. (shrink)

This article presents an analysis of the journey of the Dutch Reformed Church back into the ecumenical fellowship of the World Council of Churches. The first part contains a brief historical review of the relationships between the WCC and the Dutch Reformed Church family, underlining the fact that the Dutch Reformed Church family in South Africa is a founding member of WCC and that it was never excluded from WCC fellowship; rather, this church itself resigned membership in the (...) WCC after the Cottesloe Consultation at the pressure of the South African government of that time. The last part presents in detail the process of the readmission of the Dutch Reformed Church into the WCC fellowship as well as the way this church was active in the WCC after readmission. (shrink)

An increasingly ageing society together with concerns about sustainability of old-age benefits call for reforming the care structure of many western welfare states. However, finding an acceptable balance between the formal care provided by institutions and informal care provided by family members is a delicate policy choice with profound ethical implications. In this respect, literature on intergenerational familial relationships can offer insights to inform policymaking in this field and help resolve the ethical concerns that excessive reliance on informal caregiving (...) might entail. In this contribution, we start by presenting – with Switzerland as a case study – the challenges of the current care structure and illustrate some of the ethical issues that reshaping the balance between formal and informal care raises. We then review and analyse available theoretical literature on intergenerational familial relationships and present three dimensions that underpin such relationships: ethical, theoretical and practical. Based on our analysis, we provide two recommendations to inform policymaking on how to support care needs of the elderly and set an ethically acceptable balance between formal and informal care when familial generations are involved. (shrink)

A defense of the modern family, in historical perspective, this book reconstructs political theory with the family in an important and honorable place. By reviewing critically both traditional and contemporary thought on the most special relationships—as well as current public policy issues relating to them—the author addresses concerns shared by professional and lay constituencies. Noting Tocqueville's observation of the American obsession with reevaluating and remodeling the family, Professor Abbott pleads for a balanced view. The development of liberal (...) ambivalence toward the family, along with radical hostility toward it, is clearly traced. For the most part the family was safely incorporated into political theory from Aristotle to Cicero and onward to Augustine and Aquinas until modern times. Then came the challenges of the rational individualists and the romantic individualists, followed by the attacks of social and psychological radicals. Some traditional criticisms of the family are shown to be soundly based, albeit less devastating than the critics supposed. As expanded in contemporary life, however, the great critics' revisionist models take on a fantastic quality. Here we are introduced to pleas for the "eroticization of children" and for freedom from "tyranny of reproductive biology." Proposals for new bureaucratic support structures appear with great frequency: professional guardians, children's camps, cloning hospitals. And people try to act out the roles prescribed for them by theorists who attempted "to set the solitary in new and different units." Liberals and radicals, the author argues, are infatuated with a "rights model," which "takes as its basis self-sufficient rational human beings"—at the expense of "solidarity among human beings." A tradition exists, Professor Abbott holds, that facilitates reconciliation between the modern family and the political order: pluralism. Pluralism is an attempt to balance individual autonomy and mutuality, decentralization and stratification, reform and tradition, reason and sentiment. Public policy in respect to schools, housing, health care, working conditions, and recreation should be designed to foster a pluralistic family-centered society. In line with this thesis the author offers a fresh perspective on such burning issues as abortion, sexual preference, alternative lifestyles, child abuse, and children's rights. _The Family on Trial _therefore is relevant to the concerns of social and behavioral scientists, the helping professions and the clergy, teachers and parents. (shrink)

Normal 0 false false false MicrosoftInternetExplorer4 /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman"; mso-ansi-language:#0400; mso-fareast-language:#0400; mso-bidi-language:#0400;} The analysis aims at showing that the position of philosophy in society depends upon two factors: the real spirit of reform born from philosophy and the appetence of society for reform. The first part of the present study provides a short historical illustration of the genuine character (...) of philosophy as a bearer of reform, while the second part of the work mentions different attitudes toward reform, as well as the problems generated by the intersection of these attitudes with the reforms promoted by philosophy. In addition, the paper intends to contribute to the understanding of the present-day status of philosophy within the Romanian educational system. In this respect, the dialogue of philosophy and religion is considered relevant to the topic. Besides this aspect, the work also mentions the dogmatic imprint of philosophy during the Stalinist epoch and the dogmatic inertia after 1990 – manifested in different and apparently opposed forms. Moreover, the study suggests that the improvement of the prestige of philosophy depends not only upon the self-criticism that Romanian philosophy has to develop but also upon the influence that this spirit of self-criticism could have on decision-makers. Philosophical self-criticism is a precondition and, at the same time, a part of the reform that philosophy initiates in the field of knowledge. Thus, the paper is to underline the importance of philosophy in giving direction and in providing the framework for social reform. From this point of view, the dialogue between philosophy and religion is difficult but possible at university level and in the field of research. (shrink)

What would the institution of the family look like, if it were reformed according to republican desiderata? Would it even survive such re-shaping?

Commitments agreed upon internationally by Irish political representatives often escape scrutiny at home.1 One outcome of this omission is evidenced in the debate regarding the family: Is it pivotal to the achievement of the common good, or does its unity act as an obstacle to full equality? This article examines this debate from the standpoint afforded by MacIntyre’s formulation of tradition-constituted enquiries, asking whether current political trends entail a shift in the very basis on which the Irish reason practically.

Institutions, if unjust, ought to be reformed or even abolished. This radical Rawlsian thought leads to the question of whether the family ought to be abolished, given its negative impact on the very possibility of delivering equality of life chances. In this article, we address questions regarding the justice of the family, and of marriage, and reflect on rights, equality, and the provision of social goods by institutions. There is a temptation to justify our social institutions in terms (...) which highlight their universal accessibility and benefits. But we may best understand the claim of some of our most important institutions where we recognize that they are forms of social good which may legitimately benefit some without having to benefit all. Their abolition is unjustified where there is sufficient value in them given our collective needs that it is unreasonable for some to refuse the means to maintain and promote these goods. (shrink)

The phenomenon of domestic violence is as old as humanity itself, but legal protection against violence both internationally and nationally begins to be provided very late. In the Republic of North Macedonia, until 2004, there was no legal protection of victims of domestic violence, nor was adequate sanctioning of perpetrators. Only since 2004, with the amendments and additions to the Criminal Code in the criminal sphere, and the Law on the Family in the civil sphere, the phenomenon of domestic (...) violence began to receive due legal attention, with the application of provisions for the sanctioning of perpetrators and temporary measures protection for victims. The adoption of the Istanbul Convention (The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence) and its ratification in 2018 undoubtedly contributed to the Republic of North Macedonia undertaking a series of reforms in the field of domestic violence. So initially, in 2021, the new Law on domestic violence was adopted in harmony with the principles of the Istanbul Convention, whereas in 2023 the Law on the amendment of the Criminal Code was adopted. This law focused on changes in criminal offenses related to domestic violence and gender-based violation, as well as the incorporation of new criminal offenses in this regard. These legislative reforms, especially the amendments approved in February 2023 which are of particular importance in the prevention and fight against domestic violence and violence against women in the Republic of North Macedonia are the focus of this research. Here we have analyzed and commented the approved changes to the Criminal Code of RNM. (shrink)

Until 1996, poor single mothers in the United States could claim welfare benefits for themselves and their children under the Aid to Families with Dependent Children (AFDC) program if they had no other source of income. With the 1996 passage of the Personal Responsibility Work Opportunity Reconciliation Act (PRWORA), paid work and work-related activities became a mandatory condition for receiving aid. At the same time, the law promotes marriage as a route out of poverty. Using a feminist reinterpretation of Althusser’s (...) concept of interpellation, I turn to Job Clubs, mandatory week-long workshops that teach job search skills, to analyze the citizen-subject generated by front-line representatives of the state in the context of this new legislation. Based on participant-observation, I conclude that while PRWORA ostensibly promotes both marriage and paid employment, Job Club trainers enforced a masculine worker-citizen subject through the deployment of three discursive strategies. These discursive strategies 1) promoted paid work over welfare-receipt as both a pragmatic and moral choice, 2) posited an individual-psychological account of women’s welfare receipt, and 3) portrayed parenting skills as marketable skills. In the conclusion, I speculate that current welfare reform efforts require the generation of a self-reproducing worker-citizen and that workshops like Job Club become a site in which the existence of this autonomous citizen is affirmed. (shrink)

I'm very grateful to receive such long and thoughtful responses from some of the world's most creative and influential moral philosophers. Since I largely agree with Jeff McMahan and Larry Temkin, I will devote most of my scarce space to Rob Sparrow.Sparrow earlier claimed that since women gestate and live longer, enhancers are committed to parents conceiving only girls. To avoid this absurdity, we must reject enhancement and endorse what Sparrow calls “therapy”. I noted we first need to know what (...) “therapy” means, and devised various clarificatory cases. This central aspect of my paper remains unaddressed, with Sparrow admitting his view is ill-defined.1 He also grants his reductio is inapplicable to some enhancement doctrines, implying he provided no case uniquely favouring therapy.Other enhancement doctrines may avoid Sparrow's reductio for different reasons. For example, John Harris noted that enhancers are not committed to enhancing regardless of consequences, including extinction. Sparrow then denies extinction-avoidance provides reasons for individuals. I argued that it is wrong for individuals to contribute to disasters like extinction or climate change. Sparrow now admits this but claims parents may permissibly do so for their children's sake.1 Their children presumably can reciprocate, so family emissions can grow with everybody permissibly taking for others what it remains impermissible for those others to take for themselves. Since this is implausible, Sparrow's argument fails.Sparrow also claimed that a non-individual concern to prevent extinction is akin to Nazi eugenics, and comparable to creating people with barely worth-living lives to feel superior to them. Commenting on the case, I claimed that “the avoidable creation of lives barely worth living is itself abhorrent”.2 McMahan assumed I meant ‘creating such lives is never permissible’,3 but by “avoidable” I meant ‘when creating better …. (shrink)

Research in school success in contemporary China has argued that market reforms have reproduced the advantages for children from the cadre and the professional families while simultaneously creating new opportunities for children of the new arising economic elites. However, it has performed less for traditional peasant families. This book places a special emphasis on how rural parents from different social backgrounds use _guanxi_ to maintain the interconnectedness between their families and schools to create advantages for their children in school success. (...) It investigates, by an ethnographic study in a rural county in middle China, how families from different social backgrounds within rural society get involved in the schooling of their children and how this contributes to different patterns of school success. The book argues that schools provide few formal and routine channels for rural parents to become involved in their children’s schooling. This raises the importance of family strategic initiatives to employ _guanxi_ in the creation of advantages for their children’s school success. It concludes with discussions about _guanxi_ as an important mechanism for social exclusion in post-socialist China. Chapters include: Family Strategies, Parental Involvement, and School Success The Roles of Parents: Voices of Parents in Zong Regarding School Involvement Policy Discourses: Missing the Link between Family and School Peasants: Family and Kinship The Blurring Division between Home and School This concise and comprehensive book is a qualitative study that will appeal to researchers and advance students in Chinese education and society. (shrink)

In recent years, the outbreak and persistence of COVID-19 has greatly changed the way people work, and encouraging employees to work online from home has become a new form of work for organizations responding to the epidemic. Based on the W-HR model, this paper explored supervisor support as a situational resource in the context of online office, aiming to verify the changes in work-family status caused by individuals facing the background of supervisor support, and then relate employees’ proactive behavior. (...) Meanwhile, the predicted moderating effect of job role identification on supervisor support and work-family conflict was verified by considering the role identification generated in the positive interaction between employees and supervisors as individual resources. In this study, 555 employees from enterprises in the provinces of Jiangsu and Guangdong were selected as the research participants, and data were recovered at two time nodes. The results show that: Perceived supervisor support significantly relates employee proactive behavior. Work-family conflict mediates the relationship between perceived supervisor support and employee proactive behavior. Job role identification has a significant moderating effect on the relationship between perceived supervisor support and work-family conflict, and high level of job role identification moderated the mediating effect of work-family conflict on perceived supervisor support and employee proactive behavior significantly. This paper expands the research perspective of employee proactive behavior. It can be used as a reference for enterprises to formulate strategies to improve employee proactive behavior in the process of digital reform. (shrink)

Empirical research in this field has underlined the diversity of the cohabitation population, the existence of the common law marriage myth and the lack of consensus on the best way forward for reform of the law in England and Wales. Against the backdrop of the English Law Commission’s on-going project on cohabitation law, this article will explore the reasons found by recent research for people’s choice of cohabitation over marriage, the interrelationship between commitment and economic vulnerability and the tension (...) in feminist debates as to whether an extension of rights for opposite-sex cohabitants that are analogous to married spouses (either by an opt-in model or opt-out model) might be an appropriate solution or a reinforcement of patriarchal marriage values. It will also consider, given recent research findings and other initiatives aimed at raising awareness about the legal differences between different styles of cohabitation relationship, law’s dual and conflicting role in shaping regulated family structures whilst both protecting vulnerable family members inside and outside such structures and at the same time also offering socially acceptable standards of dispute resolution in this most personal of spheres. (shrink)

In an effort at ethical reform, Taiwan recently revised the Hospice Palliative Care Law authorising family members or physicians to make surrogate decisions to discontinue life-sustaining treatment if an incompetent terminally ill patient did not express their wishes while still competent. In particular, Article 7 of the new law authorises the palliative care team, namely the physicians, to act as sole decision-makers on behalf of the incompetent terminally ill patient's best interests if no family member is available. (...) However, the law fails to provide guidance as to what constitutes the patient's best interests or what specific procedures the treating physicians should follow, and so has raised constitutional concerns. It may be difficult to translate ethical reform into law but it is not impossible if essential requirements are carefully followed. First, there must be substantial nexus between the purpose of the statute and the measures provided under the statute. Second, advocates need to convince the public that futility or waste has amounted to a public health emergency so as to justify lower procedural requirements. Third, a remedy or compensation should be available if the surrogate decisions have not been appropriately made. Fourth, minimum procedural safeguards are necessary even though the statute is intended to reduce the procedural burdens of making surrogate decisions on behalf of incompetent patients who lack family members and did not express their wishes while still competent. (shrink)

This essay argues that concerns regarding the impact of work/family balance on gender inequality should be extended to broader analysis of all care work. Paid or unpaid care devoted to all dependents has distinctive characteristics that contribute to disempowerment and underpayment. Expenditures of money as well as time increase economic vulnerability. Public policies should provide greater support for caregiving outside the market, improve the supply and quality of purchased care services, and challenge conventional accounting systems that mismeasure economic welfare.

Why was it that Francis Bacon, trained for high political office, devoted himself to proposing a celebrated and sweeping reform of the natural sciences? Julian Martin's investigative study looks at Bacon's family context, his employment in Queen Elizabeth's security service and his radical critique of the relationship between the Common Law and the Monarchy, to find the key to this important question. Deeply conservative and elitist in his political views, Bacon adapted Tudor strategies of State management and bureaucracy, (...) the social anxieties and prejudices of the late-Elizabethan governing elite, and a principal intellectual resource of the English governing classes - the Common Law - into a novel vision and method for the sciences. Bacon's axiom that 'Knowledge is Power' takes on far-reaching implications in Martin's challenging argument that the reform of natural philosophy was a central part of an audacious plan to strengthen the powers of the Crown in the State. (shrink)

Is the family subject to principles of justice? In "A Theory of Justice", John Rawls includes the (monogamous) family along with the market and the government as among the, "basic institutions of society", to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When (...) it comes to the family, and in particular its impact on fair equal opportunity, (the first part of the Difference Principle, Rawls' second principle of justice), he abandons the priority of justice. I also argue that he is right to do so. -/- The central argument is simple. As Rawls admits, what family one is raised by profoundly affects one's life chances: a child raised by a family has far greater life chances on every dimension than one raised in a poorer family that may lack books, education, and time to give the child attention. But the prevailing family arrangements in the industrialized West, assigning children to be raised by their biological parents, is guaranteed to perpetuate this injustice. While Rawls says an unjust institution in the basic structure of society, in which he includes the family, must be, "reformed or abolished," he refrains from calling for the reform or abolition of the family. We must simply work around it to compensate for the injustices he admits it involves. And this despite the fact that alternative arrangements involving communal child-rearing (Plato) or assigning children to those best qualified to raise them (Rousseau) are common in the philosophical literature. Moreover, the practice of having children raised by their biological parents is a relatively recent one, at least in the West, where, before the late 18th century, fostering-out or apprenticeship arrangements were normal and expected for both rich and poor for centuries. -/- Much of the paper is devoted to fine-grained textual analysis of Rawls' attempts to avoid the devastating implications of this argument for his theory of justice -- much of which are stated only in the original edition of "A Theory of Justice" and simply deleted, without substitution by anything better, in the second edition. In the end, Rawls has no way out. He cannot keep the priority of justice, fair equality of opportunity, and the monogamous family in which children are raised by their biological parents. As he admits, these are mutually inconsistent. -/- In the final part of the paper, I argue that Rawls should give up on the priority of justice. While child-rearing by the biological parents is a historical anomaly, in the real modern world it would be politically unfeasible to institute Platonic, Rousseauean, or similar legislation that purportedly assigned children to those best able to raise them, regardless of biological relationship. Since Rawls is committed to principles of political stability and feasibility, as he should be, and since ought implies can, such proposals are off the table. I concur with Rawls that we must work around this injustice, even those there are more just arrangements available in principle. But the cost of this -- less high than Rawls suggests -- is abandoning the principle of the priority of justice. Justice is one of a number of considerations that we must or may balance in deciding on the best attainable social relations. It is not a trump. However, this comes a great cost for Rawls: he must also abandon the lexical ordering of principles of justice or, in general, right or good principles of social order, in favor of the messy intuitionist balancing that his theory is designed to avoid. -/- One feature of the paper that is worth independent attention is a discussion of Marx's rejection of justice in the Critique of the Gotha Program, which I explicate, and urge, without adopting it, that it has a great deal more force than is widely understood. (shrink)

A century ago, John Dewey remarked that when home changes radically, school must change as well. With home, family, and gender roles dramatically altered in recent years, we are faced with a difficult problem: in the lives of more and more American children, no one is home. The Schoolhome proposes a solution. Drawing selectively from reform movements of the past and relating them to the unique needs of today's parents and children, Jane Martin presents a philosophy of education (...) that is responsive to America's changed and changing realities. As more and more parents enter the workforce, the historic role of the domestic sphere in the education and development of children is drastically reduced. Consequently, Martin advocates removing the barriers between the school and the home--making school a metaphorical "home," a safe and nuturant environment that provides children with the experience of affection and connection otherwise missing or inconsistent in their lives. In this proposition, the traditional schoolhouse where children are drilled in the three Rs is transformed into a "schoolhome" where learning is animated by an ethic of social awareness. At a time when many school reformers are calling for a return to basics and lobbying for skills education and quick-fix initiatives, Martin urges us to reconsider the distinctive legacies of Dewey and Montessori and to conceive of a school that integrates the values of the home with those of social responsibility. With cultural diversity and gender equality among its explicit goals, the schoolhome expands upon Dewey's edict to educate the "whole child," seeking instead to educate all children in the culture's whole heritage. Martin eloquently challenges reformers to reclaim the founding fathers' vision of the nation as a domestic realm, and to imagine a learning environment whose curriculum and classroom practice reflect not merely an economic but a moral investment in the future of our children. More than a summons to action, this remarkable book is a call to rethink the assumptions we bring to the educational enterprise, and so, to act wisely. (shrink)

Several European countries are approving legislative reforms moving to a presumed consent system in order to increase organ donation rates. Nevertheless, irrespective of the consent system in force, family's decisional capacity probably causes a greater impact on such rates. In this contribution we have developed a systematic methodology in order to analyse and compare European organ procurement laws, and we clarify the weight given by each European law to relatives' decisional capacity over individual's preferences (expressed or not while alive) (...) regarding the destination of his or her organs after death. In this sense, the results constitute the first comprehensive and comparative legislative mapping on European transplantation laws. (shrink)

From the mid-nineteenth century to the Gilded Age, Catharine Beecher and other American social reformers combined natural theology and evangelism to instruct their audiences how to lead healthy, virtuous, and happy lives. Worried about the consequences of urbanization, industrialization, unstable sexual and gender roles, and immigration, these “Christian physiologists” provided prescriptive scientific advice for hygiene and personal conduct based on the traditional norms of white, middle-class, Protestant domesticity. According to Beecher and her counterparts, the biosocial reproduction of ideal American households (...) promised to reverse the degeneration of men and women across the country and to ensure the long-term vitality of their children. Using evidence from Beecher, Harriet Beecher Stowe, Charlotte Perkins Gilman, and other nineteenth-century writers, I investigate the methods and aims of Christian physiology along with its relationships to natural theology, Darwinian feminism, and other reform movements. I also analyze how Beecher and her successors employed concepts including the machine, the tissue, the cell, and the germ to justify their conclusions about the optimal structure and functions of American society. Overall, I demonstrate how these actors leveraged the body and the family as mechanisms to produce healthy parents, children, and communities for an ailing nation. (shrink)

No Child Left Behind and the Illusion of Reform highlights the scholarship of eight doctoral students in curriculum and their professor, who took on the legal, political, philosophical, social, cultural, economic, and curricular assumptions of the No Child Left Behind Act . This book, the manifestation of their work, is a critical examination of the impact of the NCLB on the lives of children, families, and teachers.

This article investigates the practice of vat en sit to offer solutions to church councils of the mainly Black Reformed Churches in South Africa and also to the couples and families involved in such a relationship. Vat en sit is fast becoming a common phenomenon in South Africa. It should be noted that some of the couples in the vat-en-sit relationships may enter into it with no formal agreement. However, there are partners who may enter into this kind of relationship (...) through a universal partnership agreement whereby the couple plan to live together without marrying one another or a domestic life-partnership agreement whereby the couple opt to regulate their rights and duties in a vat-en-sit relationship. It does not, however, affect only the black members of the Reformed Churches in South Africa but also the family structures of society. The article thus endeavours to determine the reasons why many couples go this route and also how church councils could be assisted in dealing with the issue of vat en sit. This concept will be disseminated under the following headings: The causes of vat en sit relationships Implications of vat en sit The effect of a vat-en-sit relationship in the church The solution to the issue of vat en sit is to assist church councils, couples and their immediate and extended families. (shrink)

‘Patient satisfaction’: Knowledge for ruling hospital reform — An institutional ethnography Driven by funding restraint, Canadian health‐care has undergone over a decade of significant reform. Hospitals are being restructured, as text‐based practices of accountability bring a new business‐orientation into hospital and clinical management. New forms of knowledge, generated through records of various sorts, are a necessary resource for managing care in the new environment. This paper's research uses Canadian sociologist Dorothy E. Smith's institutional ethnographic methodology to critically analyse (...) one instance of text‐based management. I analyse information about ‘patient satisfaction’ as it is generated through a patient survey (in which I was implicated through my involvement with a hospitalized family member). Subsequently, I have studied the management environment into which that information would be entered. I argue that in the instance analysed, the information becomes part of a dominant consumer oriented healthcare discourse that subordinates concerns about ‘what actually happened’ as a professional caregiver would have known it. On this basis, I contend that this sort of taken‐for‐granted approach to making decisions about quality care in hospitals may be seriously, even dangerously, flawed. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Working on the Clinton Administration's Health Care Reform Task ForceNancy Neveloff Dubler (bio)This narrative is based on my understanding of the elements of the Health Security Act that may have ethical implications. I have reconstructed these elements from my experience on the Health Care Reform Task Force and they are part of the health care plan that the President presented to Congress. (At the time this article (...) went to press, the actual legislation, which should answer my remaining specific questions more clearly, had not yet been released.) I perceive the most important features of the plan to be:• The legislation will create a "right" to health care for all citizens—access to care will be universal;• The plan will involve some form of managed competition in which groups of providers (called Approved or Accredited Health Plans (AHPs)) will offer comparable benefit packages at slightly (or widely) different costs;• The AHPs will negotiate with the Health Alliance (HA) to determine the price that they will charge their consumer-patients;• There will be open enrollment with no barriers to coverage, such as exclusions for pre-existing conditions;• Community rating will be in effect in different localities and enrolled persons in any AHP will pay the same premium;• The coverage for any enrolled person will be portable;• The overall structure will be a cooperative federal/state enterprise in which the states will have quite extensive abilities to fashion variations of the basic plan to meet their particular needs;• Primary care will be encouraged and incentives for physicians to train in primary care specialties provided;• Non-physician providers will be central to the functioning of the health care plans;• Efforts will be made to develop a "person power" pool so that people with an abstract "right" to health care will have real access to providers, in their localities, who can fulfill the promise that the right creates; [End Page 421]• The goal of cost containment will be central to the organization and regulation of the system;• Administrative simplicity and quality protections will be central.Co-chairing the Bioethics Working Group (BWG) of the White House Task Force on Health Care Reform was a unique experience. Approximately 40 Task Force working groups were established by Hillary Rodham Clinton, the President, and the senior Task Force staff. Various members of the President's office and other knowledgeable members of the Executive Branch selected the participants. In our group, appointments were made largely on the recommendations of the co-chairs. The BWG, among the last of the groups formed, carried the official name "The Working Group on the Ethical Foundations of the New System" and was jointly led by me and Marion Gray Secundy, a Professor of Bioethics at Howard University. The fact that the leadership of the Task Force saw fit to establish such a group, thereby confirming that bioethics is a player in the arena of health care policy, was in itself significant and was made no less so by the lack of clarity regarding the group's aims and goals.The working groups of the Task Force were organized into clusters, determined by the relatedness of the somewhat distinct, but always overlapping, content of their investigations. Separate clusters and working groups, for example, looked at mental health, long term care, and the benefit package and coverage for low-income and non-working families. On this last issue there was also a working group that explored health policy initiatives for underserved populations. This multiple focus on related issues proved to be an excellent method for ensuring that the complexity of these topics was sufficiently explored. There was a published schedule for when these groups met together, and members of other groups who had similar or overlapping concerns were invited to attend and to participate.Every week or so, all of the working groups reported to the Task Force leadership, under the direction of Ira Magaziner, in a process called a "tollgate." Prior to the tollgate, the working groups were required to submit formal written analyses of the problems they had most recently been considering. Copies of these documents were placed in a special room so that those who were interested could review... (shrink)

Protecting women and children is one of the core values of the Islamic legal tradition. In Muslim countries religious, constitutional, and legal frameworks obligate the state to take special measures to provide protection to women and children within families and in society. However, despite such provisions, post-divorce maintenance rights are not granted to women in Pakistan and Iran. Family law enacted in Pakistan and Iran still differs in form and substance from what has been mentioned in the primary sources (...) of Islamic law and from the previous articulations of early Islamic law scholars. Moreover, patriarchal notions of male authority are still sustained through law and judicial interpretations when it comes to the question of giving post-divorce maintenance to women. As a result in the absence of a welfare system divorced women are left in a vulnerable situation. Although in Iran, some financial compensation under the concept of Ujrat ul Misl is given to divorced women, but it remains unclear whether the right to Mata’at-ul-Talaq has been recognised under the family law. In Pakistan the law does not include any provision for giving women Ujrat ul Misl and Mata’at- ul -Talaq. Moreover in the absence of a welfare system, divorced Muslim women in both countries are left in a vulnerable situation. This article engages with plural normative sources and contemporary notions of human rights to make the case for family law reform and for awarding post-divorce maintenance rights to Muslim women in Pakistan and Iran. (shrink)

Migration policy is a product and producer of identities and values. This article argues that discourses and policies on family reunification participate in the politics of belonging, and that gender and family norms play a crucial role in this production of collective identities, i.e. in defining who ‘we’ are and what distinguishes ‘us’ from ‘the others’. Tracing the development of political debates and policy-making about ‘fraudulent’ and ‘forced’ marriages in the Netherlands since the 1970s, the authors examine how (...) categories of gender and ethnicity interact with ‘other’ transnational marriages and the women who engage in them. These practices of ‘othering’ legitimize restrictive reforms of marriage migration policies. Also, and no less importantly, they serve the symbolic function of defining Dutch identity, and show that the government protects this identity. (shrink)

This paper seeks to explore why women’s participation in the Jordanian workforce remains comparatively low—despite an increase in the number of employed women across many countries and regions. Focusing on the Jordanian private sector, where the greatest disparities lie, we assess the conformity between the provisions that regulate family-related rights in the workplace within national labour law and international law. From this examination, we conclude that whilst law offers the potential for significant positive change in the Jordanian labour market, (...) and notwithstanding the labour law reforms which took place between 2000 and 2020, the underlying structure of the existing laws is inimical to the goal of women’s full participation. Using a women’s rights perspective, we argue that, instead of piecemeal reform, the labour law sphere must be revised as a whole to better accommodate respect for women’s needs in the workplace. This change must be underpinned by family-friendly legislation, which, as our study shows, is a key factor in alleviating some of the major challenges facing women workers. (shrink)

This article explains how the private equity-leveraged buyout type of financial institution (PE-LBO) operates as a form of finance capitalism. PE-LBO capitalism is described and compared with other types of capitalism such as family business capitalism, managerial capitalism, and other forms of finance capitalism such as shareholder value capitalism. Ethical and social issues structurally related to the PE-LBO form are analyzed. Potential reforms and/or solutions are considered.

Canada has an enviable record of relatively progressive and egalitarian legislation and policy in relation to Canadian family forms. The country’s constitutional guarantees of equality and multiculturalism provide the legal foundation for this record. In particular, Canada’s leadership in the recognition of and support for same-sex relationships in family law and social policy is widely acknowledged. This is, however, also deeply contested terrain: Feminist legal scholars informed by critical political economy argue that recent family law advances in (...) Canada sit compatibly with neo-liberal social policy and restructuring of the welfare state; the neo-conservative and religious right assert that the fundamental nature of family has been undermined by the recognition of same-sex marriage, facilitating the legal recognition of polygamous relationships, among others. Still others take the view that despite a liberal, progressive and formally egalitarian approach to family, the legal recognition of same-sex marriage in Canada reflects and reinforces a historically patriarchal, heterosexual institution that should be jettisoned rather than embraced. These arguments raise issues and illustrate more generally the tensions in state and legal construction and regulation of familial relations — historically and in the current context. In this Article, I re-theorize the significance of patriarchy and the relationship between patriarchal relations and the discourse of privatization in critical family law. Using the experience of women from the “outskirts” — lesbian spouses, welfare mothers, and women in polygamous relationships — I demonstrate the limits of any theory of “privatization” that does not theorize patriarchal relations. In particular, I identify and analyze the impediments to equality posed by increasingly invisible, but no less enduring, patriarchal familial ideologies in order to envision forms of family law reform and state social policy that might actually improve gendered and generational familial relations and transform the social landscape more generally. (shrink)

Kelly, Gerard The tumultuous events of the sixteenth century irrevocably changed the shape of the Western Church and thus Christianity more generally. The division that ensued affected not just the institutional life of the church, but also towns and villages, families and neighbours. For generations, people lived with the consequences of this division, often within the intimacy of their own family life. Fortunately, this has changed. The twentieth century is rightly referred to as the ecumenical century. We are able (...) to point to milestones on the way to unity, beginning with the Edinburgh Missionary Conference in 1910, and then the First World Conference on Faith and Order in 1927, and the formation of the World Council of Churches in 1948. After the conclusion of the Second Vatican Council in 1965, the Catholic Church began to participate in ecumenical gatherings. Its entry brought a new way of ecumenical dialogue, and the era of the bilateral dialogue began, alongside the existing multilateral dialogue. Today the Catholic Church at the international level has been and/or continues to be in dialogue with the Anglican Communion, the Lutheran World Federation, the World Methodist Council, the World Alliance of Reformed Churches, the Baptist World Alliance, the Disciples of Christ, Pentecostals, Evangelicals, and three families of Eastern and Oriental Orthodox Churches. In Australia the Catholic Church is currently engaged in dialogue with the Anglican Church, the Lutheran Church and the Uniting Church. The Catholic Church participates in a multilateral way through both the Joint Working Group with the World Council of Churches and as a member of the Faith and Order Commission of the World Council of Churches. (shrink)

Why do American ghettos persist? Decades after Moynihan’s report on the black family and the Kerner Commission’s investigations of urban disorders, deeply disadvantaged black communities remain a disturbing reality. Scholars and commentators today often identify some factor―such as single motherhood, joblessness, or violent street crime―as the key to solving the problem and recommend policies accordingly. But, Tommie Shelby argues, these attempts to “fix” ghettos or “help” their poor inhabitants ignore fundamental questions of justice and fail to see the urban (...) poor as moral agents responding to injustice. (shrink)

In crisis situations, the authority of the nurse is legitimised by legal powers and professional knowledge. Crisis stakeholders include those who directly use services and their families, and a wide range of health, social service and justice agencies. Alternative strategies such as therapeutic risk taking from the perspective of socially inclusive recovery policy coexist in a sometimes uneasy relationship with mental health legislation. A critical discourse analysis was undertaken to examine mental health policies and guidelines, and we interviewed service users, (...) families, nurses and the police about experiences of accessing services. For those who attempt to access services early in crisis, as is suggested to lead to a better outcome, provision of services and rights appear to be reversed by an attempt to exclude them through practices that screen them out, rather than prioritising a choice in access. (shrink)

This provocative work provides a radical reassessment of the emergence and nature of Christian sexual morality, the dominant moral paradigm in Western society since late antiquity. While many scholars, including Michel Foucault, have found the basis of early Christian sexual restrictions in Greek ethics and political philosophy, Kathy L. Gaca demonstrates on compelling new grounds that it is misguided to regard Greek ethics and political theory—with their proposed reforms of eroticism, the family, and civic order—as the foundation of Christian (...) sexual austerity. Rather, in this thoroughly informed and wide-ranging study, Gaca shows that early Christian goals to eradicate fornication were derived from the sexual rules and poetic norms of the Septuagint, or Greek Bible, and that early Christian writers adapted these rules and norms in ways that reveal fascinating insights into the distinctive and largely non-philosophical character of Christian sexual morality. Writing with an authoritative command of both Greek philosophy and early Christian writings, Gaca investigates Plato, the Stoics, the Pythagoreans, Philo of Alexandria, the apostle Paul, and the patristic Christians Clement of Alexandria, Tatian, and Epiphanes, freshly elucidating their ideas on sexual reform with precision, depth, and originality. Early Christian writers, she demonstrates, transformed all that they borrowed from Greek ethics and political philosophy to launch innovative programs against fornication that were inimical to Greek cultural mores, popular and philosophical alike. The Septuagint's mandate to worship the Lord alone among all gods led to a Christian program to revolutionize Gentile sexual practices, only for early Christians to find this virtually impossible to carry out without going to extremes of sexual renunciation. Knowledgeable and wide-ranging, this work of intellectual history and ethics cogently demonstrates why early Christian sexual restrictions took such repressive ascetic forms, and casts sobering light on what Christian sexual morality has meant for religious pluralism in Western culture, especially among women as its bearers. (shrink)

Robert Card argues that although Susan Okin’s analysis in Justice, Gender and the Family leads to the conclusion that justice within the family requires elimination of gendered roles within marriage, this conclusion is not compatible with a conception of justice in which neutrality between reasonable conceptions of the good, and protection of individuals’ contractual capabilities are taken to be fundamental values. Although Card is right that there is tension in Okin’s work between where the analysis of injustice within (...) the gender-structured family leads and where, as a reformer, Okin is willing to go, and he is right to locate the source of that tension in Okin’s attempt to remain within Rawlsian liberalism, Okin’s view has more resources to respond to this critique than Card acknowledges. In the end, these additional resources may not be sufficient to address the problems that Card notes, but they do suggest a more complex relationship between Okin’s view and the liberal tradition than Card allows.. (shrink)