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The last year has seen a revolt against the recommendations of the Zellick Report (1994) in England and Wales, and pressure on universities worldwide to bring serious criminal conduct within their own disciplinary structures. This paper examines the reasons why the Zellick Report advised against this, and why higher-education institutions have now turned their back on a number of its recommendations. Factors including student pressure and concerns about low conviction rates for sexual offences in the criminal courts have been cited, but this paper argues that universities will struggle to create a disciplinary system that is fair to both those who are accused of such offences and those who have been victims of them. A recent Universities UK report has reversed the Zellick guidance that conduct amounting to a serious criminal offence should never be pursued under university disciplinary structures. Drawing on both authors’ experiences as practitioners, and using the first author's experience of university disciplinary matters as a case-study, this paper reviews the practical problems of bringing such serious conduct under university disciplinary structures, focusing particularly on the intersection of criminal and internal disciplinary proceedings. It concludes by suggesting possible ways of ameliorating these.
This article examines how a branch of medicine based within the criminal justice system responded to a society which by the 1970s and 1980s was increasingly critical of the prison system and medical authority. The Prison Medical Service, responsible for the health care of prisoners in England and Wales, was criticised by prison campaigners and doctors alike for being unethical, isolated, secretive, and beholden to the interests of the Home Office rather than those of their patients. While prison doctors responded defensively to criticisms in the 1970s and 1980s, comparing their own standards of practice favourably with those found in the NHS, and arguing that doctors from outside would struggle to cope in the prison environment, by 1985 their attitudes had changed. Giving evidence to a House of Commons committee, prison doctors displayed a much greater willingness to discuss how the prison system made their work more difficult, and expressed a pronounced desire to engage openly with the rest of the profession to address these problems. The change of attitude partly reflects a desire by the Home Secretary William Whitelaw to make the Prison Service more open, and an acceptance of a need for greater accountability in medicine generally. Most important, however, was a greater interest in prison health care and appreciation of the difficulties of prison practice among the wider medical profession, encouraging prison doctors to speak out. This provides a case study of how a professional group could engage openly with criticisms of their work under favourable circumstances.
In section I, I lay out key components of my favoured non-cognitivist interpretation of Mill's metaethics. In section II, I respond to several objections to this style of interpretation posed by Christopher Macleod. In section III, I respond to David Brink's treatment of the well-known ‘competent judges’ passage in Mill's Utilitarianism. I argue that important difficulties face both Brink's evidential interpretation and the rival constitutive interpretation that he proposes but rejects. I opt for a third interpretative option that I call the psychological interpretation. This interpretation makes sense of otherwise difficult aspects of chapter IV of Utilitarianism. In section IV, I offer some reasons for rejecting Nicholas Drake's claim that Mill is ultimately best characterized as a Humean constructivist. If we accept Drake's suggestion that Mill's non-cognitivism is compatible with his being a constructivist, I argue, we should view Mill as putting forward a distinctively Millian form of constructivism rather than a Humean one.
Moore's moral programme is increasingly unpopular. Judith Jarvis Thomson's attack has been especially influential; she says the Moorean project fails because ‘there is no such thing as goodness’. I argue that her objection does not succeed: while Thomson is correct that the kind of generic goodness she targets is incoherent, it is not, I believe, the kind of goodness central to the Principia. Still, Moore's critics will resist. Some reply that we cannot understand Moorean goodness without generic goodness. Others claim that even if Moore does not need Thomson's concept, he still requires the objectionable notion of absolute goodness. I undermine both these replies. I first show that we may dispense with generic goodness without losing Moorean intrinsic goodness. Then, I argue that though intrinsic goodness is indeed a kind of absolute goodness, the objections marshalled against the concept are unsound.
Since the late 1980s, following the transition to democratic rule in Latin America, criminal courts all over the continent have been going through a process of continuous reform. Reformers introduced an adversarial-based procedural system, arguing that it would guarantee due process and greater transparency and accountability. However, in recent years, the emphasis of this reformist narrative has changed from expanding defendants' rights towards improving the efficacy of the system. This paper explores how the original principles of transparency and accountability have been upheld in criminal courts in one of the first areas of jurisdiction to implement those changes: the Province of Buenos Aires. Based on an analysis of data from forty-five in-depth interviews with key informants and court observations, this paper explores how the reforms developed a managerial rationality in criminal courts that may undermine the due process in Latin American jurisdictions that have undergone similar democratic reform processes.
The onset of nuclear warfare in Hiroshima and Nagasaki had far-reaching implications for the world of medicine. The study of the A-bomb and its implications led to the launching of new fields and avenues of research, most notably in genetics and radiation studies. Far less understood and under-studied was the impact of nuclear research on psychiatric medicine. Psychological research, however, was a major focus of post-war military and civilian research into the bomb. This research and the perceived revolutionary impact of atomic energy and warfare on society, this paper argues, played an important role in the global development of post-war psychiatry. Focusing on psychiatrists in North America, Japan and the United Nations, this paper examines the reaction of the profession to the nuclear age from the early post-war period to the mid 1960s. The way psychiatric medicine related to atomic issues, I argue, shifted significantly between the immediate post-war period and the 1960s. While the early post-war psychiatrists sought to help society deal with and adjust to the new nuclear reality, later psychiatrists moved towards a more radical position that sought to resist the establishment’s efforts to normalise the bomb and nuclear energy. This shift had important consequences for research into the psychological trauma suffered by victims of nuclear warfare, which, ultimately, together with other research into the impact of war and systematic violence, led to our current understanding of Post-Traumatic Stress Disorder (PTSD).
Therapy is not simply a domain or form of medical practice, but also a metaphor for and a performance of medicine, of its functions and status, of its distinctive mode of action upon the world. This article examines medical treatment or therapy (in Russian lechenie), as concept and practice, in what came to be known in Russia as defectology (defektologiia) – the discipline and occupation concerned with the study and care of children with developmental pathologies, disabilities and special needs. Defectology formed an impure, occupationally ambiguous, therapeutic field, which emerged between different types of expertise in the niche populated by children considered ‘difficult to cure’, ‘difficult to teach’, and ‘difficult to discipline’. The article follows the multiple genealogy of defectological therapeutics in the medical, pedagogical and juridical domains, across the late tsarist and early Soviet eras. It argues that the distinctiveness of defectological therapeutics emerged from the tensions between its biomedical, sociopedagogical and moral-juridical framings, resulting in ambiguous hybrid forms, in which medical treatment strategically interlaced with education or upbringing, on the one hand, and moral correction, on the other.
In How Should We Aggregate Competing Claims, Alex Voorhoeve suggests accommodating intuitions about duties in rescue cases by combining aggregative and non-aggregative elements into one theory. In this article, I discuss two problems Voorhoeve's theory faces as a result of requiring a cyclic pattern of choice, and argue that his attempt to solve them does not succeed.
This article examines the case files of patients diagnosed with Transvestitismus [transvestism] in the Psychiatric Clinic of the Helsinki University Central Hospital in the years 1954–68. These individuals did not only want to cross-dress, but also had a strong feeling of being of a different sex from their assigned one. The scientific concept of transsexuality had begun to take form, and this knowledge reached Finland in phases. The case files of the transvestism patients show that they were highly aware of their condition and were very capable of describing it, even if they had no medical name for it. Psychiatrists were willing to engage in dialogue with the patients, and did not treat them as passive objects of study. Although some patients felt that they had been helped, many left the institution as frustrated, angered or desperate as before. They had sought medical help in the hope of having their bodies altered to correspond to their identity, but the Clinic psychiatrists insisted on seeing the problem in psychiatric terms and did not recommend surgical or hormonal treatments in most cases. This attitude would gradually change over the course of the 1970s and 1980s.
This paper examines the experiences of women in one professional organisation – the British Medical Association in Australia – during a significant period in the development of such bodies. In doing so it offers an opportunity to consider the relationship between professional societies and the construction of a gendered profession. For the medical profession in particular the time-frame of this study, from the 1880s to the 1930s, has been regarded by scholars as especially important. In this period various features of medical professionalism came to prominence: the status and authority of doctors, the processes of formally registering medical credentials, and the scope and cohesiveness of professional associations. Taking the third of these themes, the current paper extends previous analyses by uniting gender with history and medicine as the central point of examination, in order to evaluate the changing and contested positions of women within the profession. In this way we not only demonstrate how the history of professional societies can reveal the diverse beliefs and shifting priorities of their members, but also contribute to explaining the remarkable persistence of gendered differences in the medical profession.