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This paper examines the key societal developments underpinning the growth of mediation in Singapore with a view to analysing the evolving conceptualisation of justice within mediation. The introduction of mediation corresponded with a shift from adversarial justice to an indigenous form of conciliatory justice, in which a respected mediator played an adviser role for the disputants and was trusted to ensure the fairness of the process. However, this trajectory was tempered by the need to ensure that Singapore mediation practice conformed with international practices concerning the protection of parties’ autonomy. The ambivalence concerning the mediator's role has resulted in uncertainty about whether the mediator bears primary responsibility for ensuring procedural and substantive fairness. The paper discusses the implications of this ambiguity and proposes ways to resolve it. The current phase of professionalisation in Singapore's mediation movement offers the opportune moment to resolve these existing tensions and to crystallise the mediator's role in facilitating access to justice.
Since 1978, we have observed the steady development of institutions, mechanisms and processes of dispute resolution in China. In the last ten years or so, we then noted frequent issuance of new rules and measures as well as revision of existing laws, the promotion of mediation as the preferred method for resolving disputes and, more recently, the promotion of an integrated dispute-resolution system as a national strategy for comprehensive social control (as well as for resolving disputes), in the name of reforming and strengthening ‘the Mechanism for Pluralist Dispute Resolution’. Careful examination of these latest developments suggests that fundamental changes are taking place that may potentially alter the course of the development of the Chinese dispute-resolution system. These developments are the focus of this paper with an aim to ascertain the nature of the developments and their future direction or directions.
Recent research into right-dislocated pronouns has provided details of the form and functions of lone pronoun tag (ProTag) constructions in Present-day British English. In this article, we present the first systematic investigation of ProTag constructions in an earlier variety, Early Modern English. Using as our corpus the dramatic works of Jonson, Marlowe and Shakespeare – writers already known to make use of tag questions in their works – we identified and analysed ProTag constructions. Our findings reveal that ProTag constructions in Early Modern English differ from their Present-day British English equivalents with respect to possible functions: in the earlier variety ProTag constructions could have a ‘Question’ function, the same as tag questions. We also found the relative frequency of demonstrative ProTags compared to personal ProTags to be significantly different: personal ProTags are far more frequently attested than demonstrative ProTags in our corpus of Early Modern English drama texts; this is the reverse of what has been found for Present-day British English. We propose that a key factor in the observed change is extension of the types of referents that demonstrative ProTags can have. This study offers a new perspective on ProTag constructions, their classification and development.
In England and Wales, the judiciary, Her Majesty's Courts and Tribunal Services (HMCTS) and the Ministry of Justice (MoJ) have embarked on an ambitious reform whose aims are to radically transform and restructure court services and introduce digital justice for the overall purpose of improving access to justice in relation to the resolution of disputes. The reality in the courts of England and Wales is that the current reform means automation of processes. Digital transformation offers a real chance to improve access to justice particularly for low-value claims where a simplified process is more proportionate to the value of the dispute. This paper argues therefore that, for everyday low-value civil disputes, alternative dispute resolution (ADR) processes should be at the core of any design. In addition, fashioning new means to deliver access to justice should not just be about increasing government efficiency, but also about using technology to design and create innovative, new, agile and ‘user-centric’ pathways.
In the last four decades, there has been a significant increase in the number and variety of appropriate dispute-resolution (ADR) institutions and processes in Australia as a critical aspect of improved access to justice. Although more people can get assistance to resolve their disputes, the issues of whether this access is shared equally within the community, how the disadvantaged fare in these processes and what type of justice is provided by the various ADR processes are explored. The relevance of legislative objectives of ADR fora and processes to justice outcomes is highlighted. It is argued that ADR processes need to be designed and implemented bearing in mind the type/nature of the dispute, parties involved and availability of resources, and to have an overarching objective of promoting access to justice for users. Additionally, improved access to justice requires ongoing and rigorous evaluation of ADR processes to ascertain whether justice objectives are being achieved.
César Falliet's trans-imperial biography sheds light on the dynamics of belonging in early modern Manila, a city that was both a cosmopolitan centre of trade and a stronghold of Spanish colonial power. Falliet's integration into Manila's social world depended on his ability to convince elites that he was Catholic, loyal to the Spanish king and useful to his empire; attributes that he proved by fighting Islamic and Protestant pirates. These credentials were ultimately tested in five theatres: Manila, Batavia, India, the Americas and the Sulu Zone. Manila's inter-Asian and transpacific ties profoundly shaped foreigners’ lives in the city.
From 8 February until at least 19 April 1686, the Dublin Philosophical Society was occupied with a prodigiously talented young girl whose name was never recorded. She was less than eleven years of age, but still much older than the society itself, which had begun meeting less than three years previously. Although one of many wonders engaging the curiosity of the nascent society, this girl served a surprising range of purposes, so that accompanying her anonymity was a curious malleability. Pressed into several different roles and identities, her exploitation affords a glimpse into the various qualities that could make a spectacle useful in a philosophical climate that was unique among the British Isles. The use of this girl therefore not only sheds light on the needs of a less familiar learned society, but also shows how these could differ from those of its better-understood counterparts. For a period of time, it was the versatility not of the gentlemen in Dublin, but of the prodigy they used, that best served this group on the periphery.
This paper explores the common argument proposed by opponents of the legalization of euthanasia that permitting ending a patient’s life at their request will lead to the eventual legalization of terminating life without request. The author’s examination of data does not support the conclusion that a causal connection exists between legalizing ending of life on request and an increase in the number of cases without request.
In her thorough and thoughtful contribution to the Cambridge Quarterly of Healthcare Ethics titled “Medical Ethics: Common or Uncommon Morality” Rosamond Rhodes argues that contrary to American mainstream bioethics, medical ethics is not, and should not be, based on common morality, but rather, that the medical profession requires its own distinctive morality.1 She goes on to list sixteen duties that, according to her, form the core of medical ethics proper.
This article leverages saliency theory to explore how regimes may use state-controlled media to intensify nationalism and gain legitimacy. I explore mainstream news coverage in Russia and Ukraine with a particular emphasis on how political leadership frames nationalist rhetoric in the two countries to emphasize certain issues over others. I focus on relevant media content that contains nationalist rhetoric before and after the invasion of Russia into Ukraine’s territory in the spring of 2014. Content analysis suggests that political leaders in both countries have focused on political issues, while largely ignoring economic issues in their nationalist rhetoric. The analysis also shows that state leaders can successfully promote nationalism by emphasizing cultural issues and concerns.
This article analyzes Russian aspectual usage in the imperative by combining Šatunovskij’s (2009) approach with Dickey’s (2018) cognitive linguistic theory of Russian aspect. It argues that the contrasting use of perfective and imperfective imperatives in mands for the completion of a single action can be explained in terms of the pragmatic mechanisms proposed by Šatunovskij (2009): perfective imperatives signal a request on the part of the speaker for the listener to make the decision to carry out the action, whereas imperfective imperatives make no such signal, because the decision has already been made. The latter occurs when the speaker knows or infers that the listener has already made the decision (or will do so if given the chance), or when the speaker has suspended the listener’s decision-making role and has gone ahead and made the decision. Various contextual uses of affirmative and negated imperatives and analyzes them in terms of the request or lack thereof for the listener to make the decision to carry out the action. The functions of the perfective and imperfective aspects in imperatives are argued to be instantiations of temporal definiteness and temporal indefiniteness (respectively). Inasmuch as this is true, Russian aspect codes alternative construals of time in non-finite usage as well as finite usage.
This paper claims that palliative care (PC) is a suitable approach for offering comprehensive support to patients with life-threatening illness and unavoidable asthenia, to enhance their quality of life in aging and chronic illness. There are however some conceptual barriers to accessing that care on the Chinese Mainland: (1) Death-denying culture and society; (2) Misguidance and malpractice derived from the biomedical model; (3) Prejudice against PC and certain deviant understandings of filial piety culture. To counter these obstacles, the study introduces the philosophy of Chinese Taoist Chuang-tze to enlighten the public from ignorance and remove some illusions about death and dying; inspire people to face and accept illness and death calmly, and keep harmony and inner peace of mind to alleviate suffering, with the aim of providing wisdom and a shift of attitude toward life and death. Chuang-tze’s thoughts are consistent with the provision of palliative care, and to a certain degree, can promote its acceptability and delivery, and the conception of good death in practice.
In 2015, the Supreme Court of Canada struck down the criminal law prohibiting physician assisted death in Canada. In 2016, Parliament passed legislation to allow what it called ‘medical assistance in dying (MAID).’ The authors first describe the arguments the Court used to strike down the law, and then argue that MAID as legalized in Bill C-14 is based on principles that are incompatible with a free and democratic society, prohibits assistance in dying that should be permitted, and makes access to medically-assisted death unnecessarily difficult. They then propose a version of MAID legislation (‘Ideal MAID’) that gives proponents and opponents of MAID everything they can legitimately want, contend that it is the only way to legalize MAID that is compatible with a free and democratic society, and conclude that it is the way to legalize MAID in Canada and other similarly free and democratic societies.
Open-uterine surgery to repair spina bifida, or ‘fetal surgery of open neural tube defects,’ has generated questions throughout its history—and continues to do so in a variety of contexts. As clinical ethics consultants who worked (Mark J. Bliton) and trained (Virginia L. Bartlett) at Vanderbilt University—where the first successful cases of open-uterine repair of spina bifida were carried out—we lived with these questions for nearly two decades. We worked with clinicians as they were developing and offering the procedure, with researchers in refining and studying the procedure, and with pregnant women and their partners as they considered whether to undergo the procedure. From this experience in the early studies at Vanderbilt, we learned that pregnant women and their partners approach the clinical uncertainty of such a risky procedure with a curious and unique combination of practicality, self-reflection, fear, and overwhelming hope. These early experiences were a major contributing factor to the inclusion of an ethics-focused interview in the informed consent process for the Management of Myelomeningocele Study (MOMS) trial study design.
This paper examines and critiques the ethical issues in postmortem sperm retrieval and the use of postmortem sperm to create new life. The article was occasioned by the recent request of the parents of a West Point cadet who died in a skiing accident at the Academy to retrieve and use his sperm to honor his memory and perpetuate the family name. The request occasioned national media attention. A trial court judge in New York in a two-page order authorized both the retrieval and use of the postmortem sperm.
Many legal systems have an insanity defense, which means that although a person has committed a crime, she is not held criminally responsible for the act. A challenge with regard to these assessments is that forensic psychiatrists have to rely to a considerable extent on the defendant's self-report. Could neuroscience be a way to make these evaluations more objective? The current value of neuroimaging in insanity assessments will be examined. The author argues that neuroscience can be valuable for diagnosing neurological illnesses, rather than psychiatric disorders. Next, he discusses to what extent neurotechnological 'mind reading' techniques, if they would become available in the future, could be useful to get beyond self-report in forensic psychiatry.