Legislation and statutory interpretation

A clear and accessible guide to one of the most important skills all students of law must master: the skill of understanding legislation. The authors provide an engaging overview of important aspects of the legislative process, its application and interpretation, together with examples questions and excerpts of relevant legislation. This book is specifically designed for students studying the statutory process and statutory interpretation or anyone interested in knowing more about this subject.

The moral rights of authors and performers: an international and comparative analysis

This book is a comprehensive guide to the development and utilization of authorial moral rights across the key jurisdictions of the English-speaking world and in France and Germany. In recent years, the copyright statutes of the common law countries have been expanded by the introduction of provisions dealing with purely authorial rights - moral rights.
The Moral Rights of Authors and Performers discusses the historical development of the rights in Europe, with particular reference to France and Germany, and shows the growth of moral rights theory and legislative coverage up to the late 1930s. During the 1920s the moral rights of authors became the subject of international protection, particularly through the operation of the Berne Convention for the Protection of Literary and Artistic Works. The book explores the adoption of moral rights into this and other international instruments, explaining the functions that moral rights were intended to perform.
The author gives detailed accounts of the operation of moral rights in France and Germany today, addressing both statutory interpretation and doctrinal issues. The provision of case studies gives an impression of the rich jurisprudence associated with the rights in these countries.
The book also contains a detailed discussion of the versions of moral rights that have become entrenched in Canada, the UK, the US and Australia, with each country considered independently. It deals separately with the introduction of the rights into each country and their operation and interpretation by courts and commentators. Material on common law analogues to the rights is provided, which indicates alternative actions that practitioners might take. Problems of cross-jurisdictional legal proceedings (especially arising from technological transfer of information) are also addressed, with moral rights protection elsewhere in the world summarized in tabular form.

Food insecurity, malnutrition and mortality in Maewo and Ambae islands, Vanuatu

Context: This paper reports on findings from the ex-post evaluation of the Maewo Capacity Building project in Maewo Island, Vanuatu, which was funded by World Vision Australia.
Objectives: To examine the extent to which the infrastructure and systems left behind by the project contributed to the improvement of household food security and health and nutritional outcomes in Maewo Island, using Ambae Island as a comparator.
Setting: Two-stage cluster survey conducted from 6 to 20 July 2004, which included anthropometric measures and 4.5-year retrospective mortality data collection.
Participants: A total of 406 households in Maewo comprising 1623 people and 411 households in Ambae comprising 1799 people.
Main outcome measures: Household food insecurity, crude mortality rate (CMR), under-five mortality rate (U5MR) and malnutrition prevalence among children.
Results: The prevalence of food insecurity without hunger was estimated at 15.3%
(95% confidence interval (CI): 12.1, 19.2%) in Maewo versus 38.2% (95% CI: 33.6, 43.0%) in Ambae, while food insecurity with hunger in children did not vary by location. After controlling for the child’s age and gender, children in Maewo had higher weight-for-age and height-for-age Z-scores than children of the same age in Ambae. The CMR was lower in Maewo (CMR ¼ 0.47/10 000 per day, 95% CI: 0.39, 0.55) than in Ambae (CMR ¼ 0.59/10 000 per day, 95% CI: 0.51, 0.67) but no difference existed in U5MR. The major causes of death were similar in both locations, with frequently reported causes being malaria, acute respiratory infection and
diarrhoeal disease.
Conclusions: Project initiatives in Maewo Island have reduced the risks of mortality and malnutrition. Using a cross-sectional ‘external control group’ design, this paper demonstrates that it is possible to draw conclusions about project effectiveness where baseline data are incomplete or absent. Shifting from donor-driven evaluations to impact evaluations has greater learning value for the organisation, and greater value when reporting back to the beneficiaries about project impact and transformational
development in their community. Public health nutritionists working in the field are well versed in the collection and interpretation of anthropometric data for evaluation of nutritional interventions such as emergency feeding programmes. These same skills can be used to conduct impact evaluations, even some time after project completion, and elucidate lessons to be learned and shared. These skills can also be applied more widely to projects which impact on the longer-term nutritional status of
communities and their food security.

Stories seldom told: paediatric nurses` experiences of caring for hospitalized children with special needs and their families.

Stories seldom told: paediatric nurses' experiences of caring for hospitalized children with special needs and their families

Aims of the study. This study explored paediatric nurses' experiences of caring for children with special needs and their families in an acute care setting. The aim of the study was to increase understanding of nurses' experiences of caring for these children and their families. The study was designed to reveal the caring practices embedded within these relationships through exploring nurses' stories.

Study design/methods. Gadamerian hermeneutic phenomenology and feminist research principles were the approaches used to guide the study. Interviews were held with experienced paediatric nurses and interpretation of interview transcripts using a Gadamerian hermeneutic phenomenological approach resulted in the identification of four themes.

Findings. The four themes revealed were: Special Relationships; Multiple Dimensions of Who is Expert; Development of Trust Between Nurses and Families; and Feelings of Frustration and Guilt.

Conclusions. The study emphasized the context-specific nature of relationships between nurses and children and their families. The nurses spoke about the difficulties they encountered in their practice and some of the ways that they dealt with these problems. They discussed the things that they valued and those that made them feel guilty and frustrated. In doing so, they revealed their warmth, strength, humanity and caring.

Global branding and strategic CSR : an overview of three types of complexity

Purpose – There is general agreement that global brands should ensure that they incorporate social responsibility. To do this properly, organisations must understand what it means to be socially responsible and how they can leverage their actions. The paper proposes consideration of three distinct areas: the range of social responsibility issues, what the organisations actually do and how to leverage those corporate social responsibility (CSR) actions. This paper seeks to conceptually develop these three areas of complexity – Issue, Organisational and Communication – as it is only after organisations understand these three areas that they can effectively leverage socially responsible activities in their brands.

Design/methodology/approach – This research undertakes a review and synthesis of the academic, practitioner and industry literature examining CSR and the brand, addressing the three areas of complexity – issue, organisational and communication.

Findings – The research finds that within these three areas of complexity there are a number of sub-issues that must be addressed if CSR is to be strategically integrated into a global brand. This includes sub-issues associated with social issue complexity (identification, heterogeneity, measurement, and interpretation); organizational complexity (overall corporate brand, multiple products and brands, functional activities, and supply chain); and communication complexity (intensity of action/positioning, communicating action, types of programs utilised, and integration issues.) It thus provides an agenda for future research.

Research limitations/implications – There is limited academic literature examining how global organisations incorporate CSR activities into their brand and the research proposes the issues that need to be considered when integrating CSR into branding strategy. Future research needs to be undertaken to explore the internal processes that global firms use to develop their CSR positioning strategies and some research propositions for future research are proposed. Additionally further exploration of each of the issues (and sub-issues) identified in this paper is warranted, and some suggestions are made for this.

Practical implications – The results of this study show that developing a CSR leveraged brand in a consistent way that is salient to all stakeholders is no simple task for global organisations. By considering the three areas of complexity developed here organisations will be able to better understand and align their activities in line with CSR related issues. Being global means that organisations will likely need to ensure they address the highest set of global expectations, as any lower level may be criticised as being less than appropriate.

Originality/value – The paper develops the sub-issues of issue, organisational and communication complexity associated with global brands' CSR activities. This strategic perspective goes beyond focusing on the tactical activities undertaken or the philosophical issue of whether CSR should be undertaken. The work therefore allows global organisations to look at CSR more strategically as a branding issue.

Kristevan aesthetics, performativity and the production of situated knowledge

In this paper, I will draw on the work of Julia Kristeva to argue that performativity can be understood in terms of a materialist ontology that underpins creative production and the knowing subject. To understand this, we need to examine the relationship between individual history, biology and culture and processes through which creative practice attributes value by translating psychic representations of affect and drive into verbal and visual signs. Kristeva's aesthetics does not plunge us into an obscure metaphysics, but provides a model for articulating material-discursive practices that emerge from corporeal responses. Enactments, predicated by desire give rise to agency and judgement allowing practice to test theory through the production of situated knowledge.

Kristeva's psychoanalytical position reveals the necessity of linking material and individual practices of art with the social through language and interpretation. Material-discursive practices can only acquire meaning through their relationship between the speaking subject and addressees. Art itself provides us with the means for discovering the knowledge it produces. In and through material practice, the work of art is capable of transferring back to the artist as viewer, structures of meaning that have hitherto been hidden. In practice, this involves a constant movement between the biological self (the self as 'other') and the social self, the ego. In artistic research, it can be said that the first addressee is the artist her/himself, as social other. Constant movement between the two in creative practice can thus be understood as a performative production of knowledge.

Intertextual turns in curriculum inquiry : fictions, diffractions and deconstructions

This thesis is based primarily on work published in academic refereed journals between 1994 and 2003. Taken as a whole, the thesis explores and enacts an evolving methodology for curriculum inquiry which foregrounds the generativity of fiction in reading, writing and representing curriculum problems and issues. This methodology is informed by the narrative and textual 'turns' in the humanities and social sciences - especially poststructuralist and deconstructive approaches to literary and cultural criticism - and is performed as a series of narrative experiments and 'intertextual turns'. Narrative theory suggests that we can think of all discourse as taking the form of a story, and poststructuralist theorising invites us to think of all discourse as taking the form of a text; this thesis argues that intertextual and deconstructive readings of the stories and texts that constitute curriculum work can produce new meanings and understandings. The thesis places particular emphasis on the uses of fiction and fictional modes of representation in curriculum inquiry and suggests that our purposes might sometimes be better served by (re)presenting the texts we produce as deliberate fictions rather than as 'factual' stories. The thesis also demonstrates that some modes and genres of fiction can help us to move our research efforts beyond 'reflection' (an optical metaphor for displacing an image) by producing texts that 'diffract' the normative storylines of curriculum inquiry (diffraction is an optical metaphor for transformation). The thesis begins with an introduction that situates (autobiographically and historically) the narrative experiments and intertextual turns performed in the thesis as both advancements in, and transgressions of, deliberative and critical reconceptualist curriculum theorising. Several of the chapters that follow examine textual continuities and discontinuities between the various objects and methods of curriculum inquiry and particular fictional genres (such as crime stories and science fiction) and/or particular fictional works (including Bram Stoker's Dracula, J.M. Coetzee's Disgrace, and Ursula Le Guin's The Telling). Other chapters demonstrate how intertextual and deconstructive reading strategies can inform inquiries focused on specific subject matters (with particular reference to environmental education) and illuminate contemporary issues and debates in curriculum (especially the internationalisation and globalisation of curriculum work). The thesis concludes with suggestions for further refinement of methodologies that privilege narrative and fiction in curriculum inquiry.

Population monitoring of language and cognitive development in Australia : the Australian early development index

The Australian Early Development Index (AEDI) is a population measure of child development. The AEDI measures Language and Cognitive Development, Social Competence, Emotional Maturity, Physical Health and Wellbeing, and Communication Skills and General Knowledge. In Australia these data are collected by teachers for children in their first full time year of schooling. The aim of this paper is to aid people's understanding and interpretation of population measures such as the AEDI. With a greater awareness of the merits and complexities of population data clinicians and allied health professionals can play a vital role in aiding communities and policy makers to interpret and act upon the data in an intelligent way. This paper is primarily descriptive providing background information on the development and use of the instrument utilizing one of the 5 developmental domains (Language and Cognitive Development) as an example. The results show a complex relationship between children residing in differing socio-economic regions, children with English as their primary or secondary language and children who are able or not able to effectively communicate in English.

Women as consumers of a male domain : Australian Rules Football and its female fans

Looked at from a global perspective, sports are mostly male preserves. Those played by women seldom attract a large spectatorship and the numerous at-ground viewers of men’s play mostly are men. An exception is Australian Rules Football (AFL), a male sport that since the 19th century has drawn a considerable female following, with women accounting for about half of the ‘live’ crowds. From single-person and focus group interviews conducted with female AFL fans, we examine how women voice their support for a sport characterised by hyper-masculinity in players’ on-field and off-field behaviours, in the organisation and control of the sport, and in the ‘natural’ authority credited to men’s voices in commentary and interpretation of it. Given their marginalisation in AFL and in sports generally, what do women fans gain from their avid support of AFL and how does this influence the construction of their identities as women? We examine these issues from a perspective supporting the idea of multiple, fragmented identities.

Teaching like an artist : the pedagogic identities and practices of artists in schools

This article reports findings from an ethnographic study of the arts curriculum and pedagogy in a British primary school. The policy context for the study is the school's involvement in promoting creative partnerships between teachers and artists. The pedagogies of three different artist-led projects are analysed, using a Bernsteinian framework, and are characterised in relation to notions of 'competence' and 'performance' pedagogies. These characterisations are then used to consider the impact of the artists' pedagogies on teachers in the school, and the extent to which the different pedagogies promote inclusion. Broad conclusions are drawn about the relative difficulty of adopting competence pedagogies in the current educational culture of British schools; more specific conclusions are drawn about the importance of time, text, discourse and interpretation in arts pedagogies.

Revolt and discovery : towards an understanding of practice as research through Kristevan aesthetics

This paper will examine Kristeva’s conceptions of revolution and revolt to demonstrate the significance of her work for practitioners and researchers working in the emerging field of creative arts practice as research, a field of research that is burgeoning in the UK, Australia, Canada and Scandinavia. I will argue that Kristeva’ thought elaborates the aesthetic underpinnings of discovery and provides a rationale for the methodologies used in artistic research.

In her later work on interpretation, Kristeva places a greater emphasis on the need for analysis or theory, since the art and culture of revolt produce unfamiliar or mutant meanings that are difficult for audiences to grasp in terms of their potency for engendering social change and individual empowerment. However, she places the responsibility for this analysis and interpretation on the art critic. But what if (as is the case with the advent of artistic practice as research), the maker and the “critic” become one and the same? Can this shift in the status of artistic practice within the knowledge economy, be understood in terms of Kristeva account of the sense and nonsense of revolt? I will address these questions by revisiting aspects of Kristeva thinking on experience-in practice and examining her more recent and extended elaboration of revolutionary practice. The paper will explore how her thinking can provide practitioners with a framework for understanding creative arts research as the production of new knowledge. If as Kristeva argues, that art and literature are amongst the few means of revolt and renewal, it seems appropriate to turn to her thinking in order to articulate a rationale and argument for claiming that practice as research can operate as a driver of change and innovation in contemporary culture.

The first part of this task will involve tracing what Kristeva sees as three forms of revolt made possible through aesthetic experience. This will involve a closer examination of the notions of transgression and art as experience. Following on from this discussion, I will discuss how Kristeva’s work constitutes both an implicit and explicit critique of science allowing us to conceive of artistic research as an alternative and performative production of knowledge. Finally in this paper, I will apply and illustrate these ideas through an analysis of a selection of a number of research projects successfully completed by artistic researchers in Australia. I hope to show that artistic practice as a mode of enquiry, reveals the inextricable and necessary relationship between practice and theory, interpretation and making, art and life. I suggest that it is this interrelationship, that underpins what Kristeva describes as creative and revolutionary practice. In the context of creative arts practice as research, Kriteva’s account of experience–in-practice indicates that interpretation and analysis must fall to the practitioner-researcher himself or herself - rather than to another person who has been external to the procedures of making - to trace the significant experiential, subjective and emergent processes involved in the production of the work that allows it to reveal the new. This is necessary if the generative and revolutionary impact of artistic research is to be fully understood in the wider research arena.

Inventing (a) life: deconstruction and the praxis and poiesis of narrative

Deconstruction often sits awkwardly between the realm of literary studies and criticism, and philosophy proper. This paper explores the contribution that a deconstructive literacy might have for those engaged in writing narrative, as a practice and a product. Taking up Kristeva's reading of Arendt, and the Aristotelian categories of praxis and poiesis, it will be argued that the act of narrating life amounts to both the actual generation of the life it purports to describe, while also being a praxis in itself, one that need not produce anything, since the very act of engaging in/with it, leaves atraceless trace that itself is 'full of meaning'. Narrative, however, will not rest in either pole of Aristotle's binary structure. For Arendt, Kristeva will remind us, narrative is an activity that is very 'human', where we engender not just zoe, mere physiological life, but bios, a living that is not colonised by ends alone, and instead finding in itself a value, a fulfilment in its own process. Applied to the activity of story-making (autobiographical or otherwise), and also to pedagogical practice in the academy, this dual potential of narrative (at once to produce and to be an end unto itself) reframes the Beruf (calling) of creative writing. Deconstruction, in other words, assists us in appreciating the very ethical consequences of the labour of deciding where and when the story begins and ends, and who the protagonist is. Recalling us to the ontological implications of the thought of différance, this paper will attempt to demonstrate how the action of articulating the edges of story can be read as akin to that which turns the
featureless flux of time into bios, or human life that, according to Arendt, is what goes missing under totalitarianism.

Measuring the impact of arthritis on worker productivity : perspectives, methodologic issues and contextual factors

Leading up to the Outcome Measures in Rheumatology (OMERACT) 10 meeting, the goal of the Worker Productivity Special Interest Group (WP-SIG) was to make progress on 3 key issues that relate to the application and interpretation of worker productivity outcomes in arthritis: (1) to review existing conceptual frameworks to help consolidate our intended target and scope of measurement; (2) to examine the methodologic issues associated with our goal of combining multiple indicators of worker productivity loss (e.g., absenteeism <—> presenteeism) into a single comprehensive outcome; and (3) to examine the relevant contextual factors of work and potential implications for the interpretation of scores derived from existing outcome measures. Progress was made on all 3 issues at OMERACT 10. We identified 3 theoretical frameworks that offered unique but converging perspectives on worker productivity loss and/or work disability to provide guidance with classification, selection, and future recommendation of outcomes. Several measurement and analytic approaches to combine absenteeism and presenteeism outcomes were proposed, and the need for further validation of such approaches was also recognized. Finally, participants at the WP-SIG were engaged to brainstorm and provide preliminary endorsements to support key contextual factors of worker productivity through an anonymous “dot voting” exercise. A total of 24 specific factors were identified, with 16 receiving ≥ 1 vote among members, reflecting highly diverse views on specific factors that were considered most important. Moving forward, further progress on these issues remains a priority to help inform the best application of worker productivity outcomes in arthritis research.

Mapping landscape features and values in coastal Australia

Places encompass the physical setting, as well as human experience and interpretation. Although sense of place definition nominally includes the physical environment, most research has emphasized the social construction of sense of place and neglect the important contribution of the physical environment to place meanings and attachment. On the other side, theoretical and technological developments during the past decades resulted in significant sophistication and power of analysis, display, and interpretation of spatial information applied in landscape analysis. This development, however, remains disconnected from the socio-political realities of the communities and regions which are the subject of these studies. There is a research need to integrate public perceptions and attitudes with the type of information typically found in a landscape assessment. A challenge of GIS is whether or not Cartesian space can be adapted to incorporate a more humanistic sense and understanding of distance, direction, and position.