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The Independent Review of the Mental Health Act 1983 found that people’s experiences and self-knowledge were mislabelled as a ‘lack of insight’. Insight, a psychiatric concept, is defined as an ability to recognise one’s mental illness, awareness of one’s symptoms and compliance with treatment. Across different jurisdictions, legal scholars have raised concerns about the influence of insight on legal provisions for psychiatric care and mental capacity assessments, given its prevalent use in psychiatry and its absence from statutory criteria. However, outside of these findings, little is known about people’s lived experiences of ‘insight’ and the law. This article draws on narrative and photo-elicitation interviews with psychiatric survivors to argue that insight is an extra-legislative proxy for regulating involuntary detention and other coercion masked as consent. Finally, this article draws on the capabilities approach to deliver a justice argument for creating real opportunities to provide informed consent in mental health settings.
English words containing inserted expletives, like absobloodylutely or unbefuckinglievable, are often said to be created by ‘infixation’. One goal of this work is to argue that such claims are self-contradictory. Infixes are affixes, but the expletives are not. Rather, they are themselves morphologically complex, are not bound, and can occur with words from different syntactic categories. Hence, the expletives are full words, and the only property they share with infixes is their phonologically determined insertion point. Due to these factors, I suggest that words like absobloodylutely are discontinuous compounds instead, in which the expletive forms a new word with the word it interrupts. I further argue that discontinuous compounding is even rarer than actual infixation cross-linguistically, which makes English a typological outlier. On the other hand, I try to show that the apparently idiosyncratic properties of expletive compounds are compatible with English compounding at a more abstract level. In addition, the article seeks to establish some tentative diachronic and cognitive mechanisms that may have led to the emergence and retention of expletive insertion. The overall conclusion is that, once morphological phenomena are analyzed in sufficient detail, novel structural patterns and parallels may emerge.
Recent geopolitical and environmental events have created a new urgency for a just energy transition and a socially inclusive modernization of the energy sector. This article critically evaluates the extent to which Article 194(1) of the Treaty on the Functioning of the European Union (TFEU), as the competence provision of EU energy law, is congruent with the energy justice framework emerging from social sciences. It establishes the substantive scope and justiciability of Article 194(1) TFEU, including the legal principles and so-called ‘guiding principles’ of the provision relating to the internal market, environmental protection, and energy solidarity. The article analyzes the potential and shortcomings of Article 194(1) TFEU in contributing to more equitable decision-making processes in EU energy law. It concludes by evaluating the provision as a regulatory instrument that facilitates the (re)balancing of competing interests of the energy sector. This research further concludes that social considerations of energy justice cannot be sufficiently addressed through Article 194(1) TFEU.
Pragmatism gained considerable attention in bioethical discussions in the early 21st century. However, some dimensions and contributions of pragmatism to bioethics remain underexplored in both research and practice. It is argued that pragmatism can make a distinctive contribution to bioethics through its concept, developed by Charles S. Peirce and John Dewey, that ethical issues can be resolved through experimental inquiry. Dewey’s proposal that policies can be confirmed or disconfirmed through experimentation is developed by comparing it to the confirmation of scientific hypotheses, with a focus on the objection that the consequences of following a moral view or policy do not provide guidance on choosing among competing ethical perspectives. As confirmation of scientific hypotheses typically relies on evidence gathered from observation, the possibility of ethically relevant observation is then explored based on Peirce’s views on feelings as emotional interpretants. Finally, the connection between Dewey’s experimental ethics and democracy is outlined and compared to unfettered ethical progressivism.
This study of Camille Saint-Saëns's opéra comique Phryné (1893), representing the famous Greek courtesan in the title role, outlines how the composer made the case for the continued viability of the opéra comique genre in a context where lighter opérettes by Jacques Offenbach on classical subjects were much celebrated on French stages. Saint-Saëns's efforts are seen through both his dislike of Offenbach's music and the flexible use of generic name markers in musical comedies of the period. In marking out an aesthetic space for new musical comedy that was not Offenbach's, Saint-Saëns and his librettist Lucien Augé de Lassus conjoined their Hellenic subject matter not only with a canon of painting and sculpture but also with musical qualities deemed classical in the fin-de-siècle environment.
What exactly is a “wicked problem”? It is a social or economic problem that is so complex and so interconnected with other issues that it is extraordinarily difficult or impossible to resolve. This is because all proposed resolutions generate equally complex, equally wicked problems. In this essay, I argue that precision medicine, especially in the context of the U.S. healthcare system, generates numerous wicked problems related to distributive justice. Further, I argue that there are no easy solutions to these wicked problems. The need for trade-offs is inescapable. Rough justice is the best outcome we can hope for, and that outcome requires a commitment to processes of public reason that are fair and inclusive.
Numerous studies have investigated the kinds of verbs that can be used with there constructions. Generally, only existence and appearance verbs can occur in there constructions. However, some cases have been observed involving verbs not lexically expressing existence or appearance. This study focuses on there sentences with the verb become which are noteworthy in the following two respects. First, although the verb become is not an existence or appearance verb but a change-of-state verb, the verb is felicitously used with there constructions. Second, become is used without an adjectival or nominal complement, a unique argument realization pattern of the verb not found in other syntactic contexts. This study, based on a detailed examination of actual data in corpora, claims that there sentences with become express the appearance/occurrence of an entity. Although the postverbal noun is structurally a subject in there constructions and the subject of the verb become is usually interpreted as an entity undergoing a change, the postverbal noun of there sentences with become is an entity that has arisen as a result of the changing event.
This article investigates how marginal individuals construct a productive self in an interview. It reports on a case study of three women—a squatter, a rough sleeper, and an Irish Traveller—who inhabit uncertain and threatened homes. In response to dominant discourses of productivity, in the interviews the speakers’ talk reflects the desire to be perceived as able and knowledgeable individuals. Thus, rejecting their marginal subjectivities, the three women propose profitable solutions to society's issues along the very same principles of productivity heralded by dominant society. Framed within a performative notion of identity, the study elaborates on the notion of a non-sexual desire as the trigger of most human actions. The results suggest that marginality is not a fixed and segregated state of being and the stereotype of individuals like those discussed in the study as passive and out of touch must be challenged. (Marginality, space, squatter, Irish Traveller, rough sleeper, desire/aspiration, epistemic and agentive self, neo-liberalism)*
My theoretical aim in this article is to focus on an examination of processual enactments of scale in light of the technological affordances that are currently at the disposal of a significant majority of humans. I offer the terms algorithmic scales and algorithmic scalar affordances to describe one activist's engagement of practical theories of scale—her ‘algorithmic imagination’ (Bucher 2017)—which led her to design her audience in ways intended to algorithmically scale up, or amplify, her activities on Facebook—to enhance their spread numerically, rapidly, and translocally, making use of the algorithmically constructed communicative possibilities or affordances available to her on the site. (Social media, scale, algorithms, audience design, Facebook, activism, nation, politics)
The rapid and widespread establishment of domestic environmental courts and tribunals raises important questions regarding their implications for international environmental law and global environmental governance. I use an interdisciplinary, multi-method approach to consider the capacity of domestic environmental courts to identify and apply norms and principles of international environmental law in domestic opinions. I first review existing literature, identifying jurisdiction, judicial discretion, and a court's position in a legal system as key institutional determinants of this capacity. I then develop a typology of domestic environmental courts and tribunals, which suggests that, all else being equal, a court with national geographic jurisdiction that also enjoys attributes of broad subject-matter jurisdiction and discretion may be expected to be best equipped to implement norms and principles of international environmental law. Next, I integrate existing assessments of environmental court presence with original outreach and web research to identify all countries which possess environmental courts, and assess a subset of eight existing national-level institutions. The analysis of this subset highlights the diversity of institutional models that can incorporate theorized best practices. Based on these findings, I draw several theoretical conclusions: specifically (i) the relevance of environmental court research to individual- and institutional-level analysis in transnational and international environmental law, (ii) the need for further legal-institutional analysis in global environmental governance scholarship, and (iii) the opportunity for further interdisciplinary analysis of the role of domestic courts in environmental governance.
Governments sometimes adopt policies that are not aligned with their preferences or have not come onto their agendas when doing so is linked to a reward. International organizations can therefore set conditions for coveted membership that include adopting new human rights and regulatory policies. As international organizations increasingly converge around the UN Guiding Principles on Business and Human Rights, how might they promote national uptake of these guidelines? This article considers the prospects of accession conditionality in answering this question. The focus of the article is on European Union and Organization for Economic Cooperation and Development (OECD) expansion in Central and Eastern Europe, where uptake of business and human rights policies remains comparatively low. The article argues that while these organizations increasingly include business and human rights conditionalities in accession negotiations, there remains significantly greater scope for promoting the Guiding Principles.