This chapter provides a loose, non-linear history of the term ‘workplace sexual harassment’, exploring the many ways it has been conceptualised, problematised and managed. First, it describes how the term ‘sexual harassment’ developed through advocacy for real-world change, from grassroots activism to legal scholarship. Second, it outlines theories of sexual harassment guiding empirical inquiry and understanding in social sciences. Third, it explores the ways that changing the context in which a term is used can also change its function. The chapter concludes by discussing implications for implementing these critical approaches to bring about change in the context of workplace sexual harassment in medicine.

This chapter has been written by four medical doctors (Jane, Maria, Sharon and Ketty), a gender specialist (Grace) and a state advocate (Chali). There have always been some discussions among medical students and doctors about the occurrence of sexual harassment in the medical fraternity. However, without any published evidence, it would appear as though it is gossip or name tarnishing to some. This chapter begins with a real-life narration of Maria’s experience of sexual harassment when she was a young doctor. We also delved into investigating sexual harassment among Zambian female doctors by utilizing an anonymous online questionnaire that was sent via the Medical Women Association of Zambia (MWAZ) mailing platform. Eight brave doctors responded to the call; their stories will leave you in tears. This book has given us an opportunity to shed light on sexual harassment and break the silence.

Sexual harassment in the medical workplace is a complex, multifaceted problem that needs evidence-based solutions. Medicine is, of course, not unique in having to manage this. For decades, consciousness-raising groups have created spaces to find ways to speak the unspeakable, raising awareness of gender-based violence at work and at home, in order for survivors to begin to heal. Hashtags such as such as #MeToo, #MeoQueridoProfesor, and #UtanTystnadsplikt perform this function in a digital landscape, exposing entrenched toxicity across a range of workplaces, and agitating for legislative and political reform in a number of global contexts.

What is a legal culture, and how do we understand and describe it? Historians have done a good job, over the past century, of describing legal institutions. They have been less successful at understanding legal cultures. Yet the eastern Roman Empire is suffused with attempts to articulate understandings of state power and capacity in the language of law. The current "institutional" approach does very little to explain why law was meaningful to subjects of empire: it merely attempts to explain "how it worked," hypothesizing that decent functioning incentivizes the use of the system. This is problematic: it relies anachronistically on a positivist understanding of law. Instead, law is shown to be implicated in multiple acts of community self-definition, in public rituals, and in popular consciousness. This raises the questions: why did legality play such an important role in the provincial imagination? And with what effects on the state itself?

This chapter explores the complexities of pushing for cultural change from a leadership position. After examining the barriers leaders may face in changing their workplace culture, we provide practical actions and key considerations to inform a strategy that improves workplace accountability and eradicates sexual misconduct. By outlining a framework for change and including examples of the framework in action, we look at how leaders can implement measures that are person-centred, collaborative, integrated and measurable. Our recommendations focus on the prevention of sexual harm as well as creating a culture where impacted people feel safe to report inappropriate behaviour because they trust their organisation to take swift, fair and decisive action.

Ulpian’s successors followed his lead in imagining a world without legal politics. To articulate their vision, they constructed a law of government: a body of law devoted to the administration of cities, and to criminal punishment. It focused on questions of public order and administration, and sought to eliminate the scope of, if not the need for, collective participation. It was concerned to limit the jurisdiction of governors, who might become enmeshed in local political systems. Within this system, jurists reserved the capacity for affective judgment for emperors alone. This is the vision of law that would be taken up over the long course of Late Antiquity: only the emperor would be permitted affect and discretion; all others were construed as responsible to the law itself. Together, jurists and the emperors created a vision of law that was radically opposed to the society upon which it was enacted.

In the 1950s, Michael Balint wrote one of the signature texts for general practice: The doctor, his patient and the illness. (1) Balint was a psychoanalytic psychiatrist who pioneered a type of small group learning for GPs which came to be known as Balint groups. Balint groups encouraged doctors to reflect on the nature of therapeutic relationships, and to consider how these might be leveraged to improve care. Balint was an advocate of whole person care, and one of his core concepts was the ‘collusion of anonymity’, which described the situation where the patient is passed from one specialist to another with nobody taking responsibility for the whole person. The concept of collusion implied avoidance, the idea that each specialist chose to complete the relevant task at hand, but avoided engaging with the patient as a person.

It was a turning point in the history of European integration and a unique moment for the first President of the European Commission, Walter Hallstein. On 16 June 1965 in the afternoon, Hallstein appeared before the European Parliament (EP) to express his strong support for the constitutional interpretation of European law launched by the European Court of Justice (ECJ) in the new Van Gend en Loos (1963) and Costa v ENEL (1964) judgments. Here the ECJ had controversially assumed the competence to define the relationship between European law and national constitutional orders. By doing so the ECJ sidestepped the respective constitutional clauses of the member states on how to receive international (and European) law. Primary legal norms from the founding treaties, when clear and unambiguous, would have direct effect inside the legal order of the member states as well as primacy vis-à-vis national legislation, whether precedent or antecedent. This was a remarkable breakthrough for a constitutional interpretation of European law.

Contrary to what modern observers might have you believe, tax dodging during the 1950s and 1960s was more about tax cuts than tax increases. Faced with a high tax rate it did not support, but, for political reasons, it could not lower, Congress did the next best thing. It riddled the tax laws with “leaks, loopholes, exemptions, and preferences,” while looking the other way at much of the widespread “income-tax chiseling” in American society and only occasionally passing watered down legislation targeting the more high-profile tax dodging schemes.1 In effect, it cut the tax rates implicitly, rather than explicitly, which amounted to a tax cut of the worst kind. It was not transparent, it was not evenly distributed among the taxpayers or even targeted to achieve any policy objective in some cases, and, because it was too unpredictable for taxpayers to rely upon for planning purposes, it was inefficient.

The introduction in this chapter has been written by Josephine Canceri, a newly graduated doctor in Sydney, Australia. She gives an overview of the experience of International Medical graduates (IMGs) across the globe. International Medical Graduates are at higher risk of harm from sexual harassment, and are less familiar with their options for reporting. Women are at higher risk.

Valeria Chua writes from her lived experience as a doctor from Brunei who trained and worked in England and Australia. As a young, Asian female practicing and training in these countries, she was already disadvantaged in the medical world. She experienced sexual harm from a relative and from several male doctors. She describes the ways her upbringing, past experiences and circumstances as a foreign-trained doctor which is likely to have increased her risk of harm. She hopes that her contribution to this book will prevent others from falling victim to sexual assault by doctors and will raise awareness of this little-known subject.

This chapter traces the way that employers used the expense account and the deduction for entertainment, meal, and travel expenses to facilitate a rapid expansion of tax dodging. Employers were able to divert taxable compensation that would have been subject to the steep post-war marginal rates to business expenses that the employer could deduct and the employee could exclude from his individual income tax return. People of modest means were able to live lavishly, encouraging the development of country clubs, dinner clubs, expensive restaurants, and post-dinner entertainment options such as theaters and operas, to service this new demand. Resorts also began to host business conferences to attempt to make vacations tax deductible. Moreover, the rise in conspicuous consumption appeared to induce others to seek out similar opportunities to finance personal consumption with tax-deductible dollars.