The aesthetics of ideology, or 'the critique of ideological judgment' in Eagleton and Zizek

The notions of ‘ideology’ and ‘critique of ideology’ have been criticised in many ways. This essay examines the works of two contemporary theorists who defend this theoretical category. Interestingly, both do this through pivotal recourse to categories drawn from modern aesthetic theory, and in particular Kant's third Critique. In this way, they reanimate a theoretical concern with the intersection of politics and aesthetics that goes as far back as Plato. The essay's conclusion reflects on this "aesthetic turn" in the theory of ideology: what work it allows, and its limits.

Trauma and holocaust video testimony : the intersection of history, memory, and judgment in the interview process

This article analyzes video testimonies recorded at the Jewish Holocaust Museum and Research Centre in Melbourne,Australia, which address the highly complex and sensitive issue of “privileged” Jews. The so-called privileged Jews include prisoners in the Nazi-operated camps and ghettos who held positions that gave them access to material and other benefits, while compelling them to act in ways that have been judged detrimental to fellow inmates. Although the issue of “privileged” Jews has been largely neglected, it relates to a crucial facet of the Holocaust and has vast implications for its aftermath. The ethical dilemmas facing these victims may be closely linked to what Lawrence Langer has termed choiceless choices, which challenge conventional notions of “judgment” and “responsibility.” This problem is also the primary subject of Auschwitz survivor Primo Levi’s essay titled “The Grey Zone,” which is arguably the most influential essay ever written on the Holocaust. Levi argues that one should abstain from judging individuals who confronted such extreme circumstances, positioning prisoners with “privileged” positions at the threshold of representation and understanding. However, moral evaluations of “privileged” Jews have a strong impact on Holocaust testimonies, whether these were constructed during the war or recorded long after the survivors’ experiences. The examples of video testimonies explored in this article reveal that this is particularly the case when interviewees are former “privileged” Jews and interviewers are themselves Holocaust survivors. The article argues that when confronted with such an emotionally and morally fraught issue, judgment may itself be seen as a “limit of representation.”

Beliefs, values, and action : the judgment model of cognitive distortions in sexual offenders

In this paper, we present the Judgment Model of Cognitive Distortions (JMCD), a new model of cognitive distortions that spans multiple levels of analysis and contains different types of judgments. This model proposes that cognitive distortions tend to cluster together in what we have termed Thematic Networks (TN): judgments about beliefs, values, and actions. We argue that the three sets of judgments cover all types of cognitive distortions apparent in sexual offenders including those revolving around content (i.e., asserting characteristics to people, the offender, the world) and cognitive operations (i.e., denial, minimization, rationalizations). Following a description of the JMCD, we demonstrate how it can account for the cognitive schemata identified in sexual offenders by researchers and clinicians. The paper concludes with a brief discussion of the clinical and research implications of the JMCD.

Perceptions of poverty and the perpetuation of the capability-judgment cycle in outer southeast Melbourne

People living in poverty are subject to assumptions and stereotypes which, whether inaccurate, harmful, or misguided, can impact empowerment and capability building. This research explores perceptions relating specifically to people in poverty in outer southeast Melbourne suburbs. Perceptions of 218 non-poor respondents are compared with the perceptions of 52 poor respondents. Poor respondents describe themselves before discussing impacts of negative non-poor perceptions. Findings demonstrate that the nonpoor tend to view the poor negatively and that these judgments have adverse impacts on those in poverty. Non-poor perceptions in this study are shown to influence the perpetuation of poverty by contributing to a cause and effect capability-judgment cycle. This cycle illustrates how non-poor views impact emotional and material wellbeing of the poor and influence policy, programs, and poverty discourse in ways which further reduce the capabilities of the poor to achieve valued ends.

Quo iure? Defendants' liability to rescuers in the tort of negligence

The year 2001 marks the 80th anniversary of Cardozo J's judgment in Wagner v International Railway Co 232 NY 176 (1921). This article examines theoretical and procedural problems associated with the concept of duty of care as a foundation for the defendant's liability in negligence to altruistic rescuers, and suggests that Cardozo J's judgment did not establish the principle that defendants owe rescuers a duty of care in negligence. It is argued that subsequent judgments failed to provide the duty of care owed to rescuers under tortious negligence with proper jurisprudential foundations. Conceptual difficulties inherent in a jurisprudential principle that would provide physically injured rescuers with a legal right to a duty of care from the defendant under the tort of negligence were compounded once compensation for negligently occasioned pure emotional distress became available. This article analyses various theories of recovery for pure psychiatric injury and the classification of rescuers into primary and secondary victims. It proposes a solution in the form of a separate cause of action on the case for liability to injured rescuers, partly based on the principle of necessity that governs the Roman action for negotiorum gestio. Cases from the United States, England and Australia are used to illustrate the similarities and differences in the development of and approaches to, the law of rescue.

Fuzzy logic for decision support in chronic care

Computerized clinical guidelines can provide significant benefits in terms of health outcomes and costs, however, their effective computer implementation presents significant problems. Vagueness and ambiguity inherent in natural language (textual) clinical guidelines makes them problematic for formulating automated alerts or advice. Fuzzy logic allows us to formalize the treatment of vagueness in a decision support architecture. In care plan on-line (CPOL), an intranet-based chronic disease care planning system for general practitioners (GPs) in use in South Australia, we formally treat fuzziness in interpretation of quantitative data, formulation of recommendations and unequal importance of clinical indicators. We use expert judgment on cases, as well as direct estimates by experts, to optimize aggregation operators and treat heterogeneous combinations of conjunction and disjunction that are present in the natural language decision rules formulated by specialist teams.

Sentencing of indigenous offenders in Victoria

It is common knowledge, especially in the context of the findings of the Royal Commission into Aboriginal Deaths in Custody (RCIADIC),' that indigenous persons are over-represented at all stages of the criminal justice system. Unfortunately, little has changed since the RCIADIC and indigenous representation in prisons throughout the states and territories of Australia remains at high levels. What has come to prominence since the RCIADIC, particularly through the findings of the Human Rights and Equal Opportunity Commission in the 1997 report Bringing Them Home, is the notion of the Stolen Generation. For practitioners with indigenous clients, an important matter that may be put in mitigation is the effect of belonging to the Stolen Generation in terms of offering not only an explanation for offending, but also in terms of submissions put forward on behalf of the client pertaining to disposition. In this context, the Victorian Court of Appeal decision in R v Fuller-Cust is an important one, particularly the dissenting judgment of Eames J. His Honour, in a persuasive and well-reasoned judgment, suggests a method of sentencing indigenous offenders that relates questions of Aboriginality, the Stolen Generation and punishment.

Bryan the builder-residential work only

The High Court, in the 1995 landmark case of Bryan v Maloney, held a builder of a residential house liable to a subsequent owner for economic loss suffered by way of the reduction in value of the house caused by its defective foundations. Since that decision, several cases in state courts have indicated that any extension of the principle in Bryan to commercial properties is a matter for the High Court. This year, Woolcock Street Investments Pty Ltd v CDG Pty Ltd provided the vehicle for the High Court to revisit the Bryan principle in a commercial context. Faced with the question 'can a subsequent owner of a commercial property who discovers faulty foundations sue the builder for the costs of fixing the problem before it causes any physical damage to person or property?', the resounding response from the High Court has been 'no'. Gleeson CJ, Gummow, Hayne and Heydon JJ in a joint judgment and McHugh J and Callinan J in separate judgements rejected any 'extension' of the Bryan principle to commercial premises. Much to the relief of the construction industry, the Court made it clear that it will be difficult for a subsequent owner to make out a case in negligence against the original builder unless it can show special vulnerability to the risk of injury. Kirby J, in a dissenting judgment, suggested that the extension of liability to commercial builders fits quite comfortably with general principles and lamented the 'incremental' approach to liability presently favoured by the Court. Consequent upon the retirement of Gaudron J, Kirby J appears to be a lonely light on the hill, shining a solitary beacon on matters of principle.

The revisitation of Bryan has long been anticipated. However, Woolcock does not provide the solid bricks and mortar craved by the construction industry. Close examination of the reasoning of the Court suggests that it may itself rest on faulty foundations. In his dissenting judgment, Kirby J questions some of the assumptions made by the majority and highlights the deficiencies of the 'stated case' procedure for a re-examination of this particular area of law, thus suggesting that Woolcock may not be completely sound.