Work health and safety and the criminal law in Australia

This paper analyses recent Australian debates about the use of the criminal law in work health and safety regulation. It argues that these debates have to be seen in the context of the historical development of work health and safety regulation in the United Kingdom and Australia. The first part of the paper shows that, since the late 19th century, contraventions against the Australian work health and safety statutes have not been regarded as 'really criminal', and have largely been addressed by informal measures and, since the 1980s, by administrative sanctions. When prosecutions have taken place, work health and safety issues have been individualised and decontextualised, so that defendants have been able to reduce their culpability in the eyes of the court. Significant legal barriers have undermined the use of the crime of gross negligence manslaughter against corporations and individuals. The second part of the paper analyses recent debates about restructuring gross negligence manslaughter and bolstering the 'criminality' of offences under the work health and safety statutes. It argues that the latter debate has been constrained by the historical forces examined in the first part of the paper, and that the current position, embodied in the recently harmonised Work Health and Safety Acts, favours attempting to recriminalise the work health and safety legislation. The debate about reforming gross negligence manslaughter has stalled.

Raewyn Connell: Hegemonic Masculinities and Men’s Health

This handbook offers a new perspective on the sociology of health, illness and medicine by stressing the importance of social theory, and giving due attention to theorists often overlooked in the healthcare field including Harriet Martineau and Raewyn Connell, as well as more widely known theorists such as Michel Foucault and Max Weber. This is a compendium of both male and female social theorists from the turn of the 19th century to the present day. Leading international sociologists from Europe, America, Britain, Australia, New Zealand and Canada investigate the key concepts and theories of a single theorist, looking at the way their ideas such as medicalisation, reflexivity, capitalism, hegemonic masculinity, the biomedical model and social stigma can be used to understand specific health issues including men's health, Indigenous health, disability, the health professions and chronic illness.

Epistemological lens : birth, death and ecology of documentary practices

This paper considers the epistemological life cycle of the camera lens in documentary practices. The 19th century industrial economies that manufactured and commercialised the camera lens have engendered political and economic contingencies on documentary practices to sustain a hegemonic and singular interpretive epistemology. Colonial documentary practices are considered from the viewpoint of manipulative hegemonic practices - all of which use the interpretive epistemology of the camera lens to capitalise a viewpoint which is singular and possesses the power to sustain its own status and economic privilege. I suggest that decolonising documentary practices can be nurtured in what Boaventura de Sousa Santos proposes as an 'ecology of knowledges' (Andreotti, Ahenakew, & Cooper 2011) - a way of including the epistemologies of cultures beyond the 'abyssal' (Santos), outside the limits of epistemological dominance. If an 'epistemicide' (Santos) of indigenous knowledges in the dominant limits has occurred then in an ecology of knowledges the limits become limitless and what were once invisible knowledges, come into their own ontological and epistemological being: as free agents and on their own terms. In an ecology of knowledges, ignorance and blindness may still exist but are not privileged. The decolonisation of documentary practices inevitably destabilises prevailing historicities and initiates ways for equal privilege to exist between multiple epistemologies.

Émile Durkheim and Thomas Luckmann: Religion, spirituality and mental health

This chapter examines connections between religion, spirituality and mental health. Religion and spirituality influence the way people conceive themselves, others and the world around them, as well as how they behave – and are strongly associated with numerous mental health outcomes. Religion and spirituality therefore demand the attention of those who seek a comprehensive understanding of the factors that affect mental health. Mental health professionals are increasingly being asked to consider their clients’ religious and/or spiritual beliefs when devising their treatment plans, making the study of religion and spirituality an essential area of learning for those working in the mental health field. Initial discussion in this chapter will focus on the different approaches taken by sociologists in studying mental health. Emile Durkheim, one of the founders of sociology, proposed that religion was fundamental to societal wellbeing and was the first to demonstrate a link between religion and mental health at a population level in the late 19th century. Durkheim’s classic theory of religion, together with the work of Thomas Luckmann and other contemporary social theorists who have sought to explain widespread religious change in Western countries since World War II will be examined. Two key changes during this period are the shift away from mainstream Christian religions and the widespread embracing of ‘spirituality’ as an alternative form of religious expression. In combination, the theories of Durkheim, Luckmann and other sociologists provide a platform from which to consider reasons for variations in rates of mental health problems observed in contemporary Western societies according to people’s religious/spiritual orientation. This analysis demonstrates the relevance of both classic and contemporary sociological theories to issues confronting societies in the present day.

Butterfly: the dark fluidity of suburban life

The American Association of Australasian Literary Studies (AAALS) Annual Conference, Forth Worth, Texas, 9–11 April 2015. The dark fluidity of Melbourne suburbia in Sonya Hartnett’s Butterfly Sonya Hartnett’s Butterfly (2009) is a fictional account of the suburban family life of the Coyles in 1980’s outer suburban Melbourne written from the perspective of teenager Plum Coyle. The Coyle family at first glance appear to be living a textbook example of the suburban lifestyle developed from the 19th century and sustained well into the twentieth century, in which housing design and gender roles were clearly defined and “connected with a normative heterosexuality” (Johnson 2000: 94). The Australian suburban space is also well documented as a place where people often have to contend with oppressive rigid social and cultural ideals (ie Rowse 1978, Johnson 1993, Turnbull 2008, and Flew 2011). There is a tendency to group “suburb” as one monolithic space but this paper will argue that Hartnett exposes the dark fluidity and the complexity of the term, just as she reveals that despite or perhaps because of the planned nature of suburbia, the lives that people live are often just as complex.

Good for the environment good for health

“First do no harm”. This phrase, attributed to the 19th century surgeon, Thomas Inman, 1 reflects an equivalent phrase found in Epidemics, Book I of the Hippocratic School, “Practise two things in your dealings with disease: either help or do not harm the patient”. Pharmacists have played, and continue to play, an important role in reducing patient harm from medication misadventures. Now, they have a new role to play. The delivery of pharmaceutical care contributes to climate change (e.g. through the embedded carbon in the manufacture and distribution of medicines, disposal of waste, and energy and water use),2 which in turn has a negative impact on health. 3,4 This paradox argues a moral and ethical obligation by pharmacists, to deliver pharmaceutical care more sustainably – do no harm. Sustainability “…. is concerned, on one hand, with resources and how we can preserve them, and, on the other hand, with waste products and how we can best reduce or dispose of them.” 5(p.37) It is about preserving and nurturing Earth’s resources and systems for this generation and future generations to enjoy. Pharmacists play an important role in preventative health strategies such as smoking cessation, promotion of healthier lifestyles and vaccination/immunisation programmes and have the potential to also play a significant role in delivering pharmaceutical care more sustainably. Sustainable pharmaceutical care may be considered a virtuous cycle - what is good for the environment is also good for our health. 5 The good news for community pharmacy owners and managers is that implementing sustainability initiatives in the pharmacy can also have significant financial co-benefits.

Gossip we can trust: Defamation law and non-fiction

Drawing on two case studies, this article considers the allegation of a disgruntled author: ’Defamation was framed to protect the reputations of 19th century gentlemen hypocrites'. The first case study considers the litigation over Bob Ellis' unreliable political memoir, ’Goodbye Jerusalem', published by Random House. The second case study focuses upon the litigation over the allegation by Media Watch that Richard Carleton had plagarised a documentary entitled ’Cry from the Grave'. The article considers the meaning of defamatory imputations, the range of defences, and the available remedies. It highlights the competing arguments over the protection of reputation and privacy, artistic expression, and the freedom of speech. This article concludes that defamation law should foster ’gossip we can trust'.

Mauve: How one man invented the colour that changed the world

In an essay, "The Books of Last Things", Delia Falconer discusses the emergence of a new genre in publishing - microhistories. She cites a number of recent titles in non-fiction and fiction - Longitude, Cod, Tulips, Pushkin's Button, Nathaniel's Nutmeg, Zarafa, The Surgeon of Crowthorne, The Potato, The Perfect Storm. Delia Falconer observes of this tradition: "One has the sense, reading these books, of a surprising weight, of pleasant shock. In part, it is because we are looking at things which are generally present around us, but modestly out of sight and mind - historical nitty gritty like cod, potatoes, longitudinal clocks - which the authors have thrust suddenly, like a Biblical visitation of frogs or locusts, in our face. Things like spice and buttons and clocks are generally seen to enable history on the large scale, but are not often viewed as its worthy subjects. And by the same grand logic of history, more unusual phenomena like cabinets of curiosities or glass-making or farm lore or sailors' knots are simply odd blips on its radar screen, interesting footnotes. These new books, microhistories, reverse the usual order of history, which argues from the general to the particular, in order to prove its inevitable progress. They start from the footnotes. But by reversing the process, and walking through the back door of history, you don't necessarily end up at the front of the same house." Delia Falconer speculates about the reasons for the popularity of microhistories. She concludes: "I would like to think that reading them is not simply an exercise in nostalgia, but a challenge to the present". In Mauve, Simon Garfield provides a new way of thinking and writing about the history of intellectual property. Instead of providing a grand historical narrative of intellectual property, he tells the story of a particular invention, and its exploitation. Simon Garfield relates how English chemist William Perkin accidentally discovered a way to mass-produce colour mauve in a factory. Working on a treatment for malaria in his London home laboratory, Perkin failed to produce artificial quinine. Instead he created a dark oily sludge that turned silk a beautiful light purple. The colour was unique and became the most desirable shade in the fashion houses of Paris and London. ... The book Mauve will have a number of contemporary resonances for intellectual property lawyers and academics. Simon Garfield emphasizes the difficulties inherent in commercialising an invention and managing intellectual property. He investigates the uneasy collaboration between industry and science. Simon Garfield suggests that complaints about the efficacy of patent offices are perennial. He also highlights the problems faced by courts and law-makers in accommodating new technologies within the logic of patent law. In his elegant microhistory of the colour mauve, Simon Garfield confirms the conclusion of Brad Sherman and Lionel Bently that many aspects of modern intellectual property law can only be understood through an understanding of the past: "The image of intellectual property law that developed during the 19th century and the narrative of identity which this engendered played and continue to play an important role in the way we think about and understand intellectual property law".

The dangerous and the good? Developmentalism, progress, and public schooling

In light of numerous critiques of developmentalism, this article examines whether developmentalism has been a dangerous way to think about human life. It traces the emergence of different kinds of developmental discourse, locates the discursive preconditions for developmentalism's dominance in education, and examines the conjuncture between developmentalism and progressivism in shaping the limits of education's discursive field since the late 19th century. The article examines some of the productive and repressive legacies of developmental reasoning and concludes by examining present efforts to destabilize and fracture developmental discourse. It suggests that the historical articulation of developmentalism to an idea of progress has not been undermined through present-day critiques that still implicitly project "progress" as the grounds for efforts to destabilize "development. "Alternatives to developmental discourse are considered in relation to how judgments of the dangerous and the good have been shaped through problematic narratives of progress and human freedom. The Dangerous and the Good? Developmentalism, Progress, and Public Schooling - ResearchGate. Available from: http://www.researchgate.net/publication/250184611_The_Dangerous_and_the_Good_Developmentalism_Progress_and_Public_Schooling [accessed Nov 16, 2015].

Animal magnetism and curriculum history

This article elaborates the impact that crises of authority provoked by animal magnetism, mesmerism, and hypnosis in the 19th century had for field formation in American education. Four layers of analysis elucidate how curriculum history’s repetitive focus on public school policy and classroom practice became possible. First, the article surveys external conditions of possibility for the enactment of compulsory public schooling. Second, “internal” conditions of possibility for the formation of educational objects (e.g., types of children) are documented via the processes of différance that were generated from within the experiences of confinement. Third, the article maps how these were interpenetrated by animal magnetic debates that were lustered and planished in education’s emerging field, including impact upon behavior management practices, the contouring of expertise and authority, the role of Will in intelligence testing and child development theories, and the redefinition of public and private. Last, the article examines implications for curriculum history, whether policy- or practice-oriented, especially around the question of influence, the theorization of child mind, and philosophies of Being.

Kulttuurisia kohtaamisia : Suomalaiset kuvataiteilijat ja Rooma 1800-luvulla

Dozens of Finnish artists, practically all the professional sculptors and painters, travelled to and stayed in Rome during the 19th century. The study at hand concentrates for the first time on the Finnish artists in Rome in corpore, and analyses their way of life based on a broad variety of previously unknown and unexplored sources from a number of archives in both Scandinavia and Rome. The extensive corpus of source material is scrutinized with microhistorical precision from the point of view of cultural history. The new information thus achieved adds to the previous knowledge of Rome s often overlooked importance as a source of inspiration in Scandinavian culture in general and significantly clarifies our understanding of the development of Finnish artistic life and cultural identity in the 19th century. The study proves that in Finland, like in all of Europe, the stay in Rome was considered to be a necessary part of becoming a true artist. Already the journey was an integral part of the encounter with Rome, corresponding with the civilized ideal of the period. The stay in Rome provided a northern artist with overwhelming opportunities that were incomparable to the unestablished and modest forms of artistic life Finland could offer. Without domestic artistic institutions or traditions, the professional status of Finnish painters and sculptors took shape abroad, firstly through the encounter with Rome and the different networks the Finnish artists belonged to during and after their stay in the eternal city. The Finnish artists were an integral part of the international artistic community in the cultural capital of Europe, which gave a totally new impetus to their work and contributed to their cosmopolitan identification. For these early masters of Finnish art, the Scandinavian communality and universal artistic identity seemed to be more significant than their nationality. In all, the scrutiny of Finnish artists in their wide social, ideological and international framework gives an interesting aspect to the cultural ambiance of the 19th century, in both Rome and Finland. The study highlights many long-forgotten artists who were influential in shaping Finnish art, culture and identity in their time.

Across the Oceans : Development of Overseas Business Information Transmission, 1815-1875

Earlier studies have shown that the speed of information transmission developed radically during the 19th century. The fast development was mainly due to the change from sailing ships and horse-driven coaches to steamers and railways, as well as the telegraph. Speed of information transmission has normally been measured by calculating the duration between writing and receiving a letter, or between an important event and the time when the news was published elsewhere. As overseas mail was generally carried by ships, the history of communications and maritime history are closely related. This study also brings a postal historical aspect to the academic discussion. Additionally, there is another new aspect included. In business enterprises, information flows generally consisted of multiple transactions. Although fast one-way information was often crucial, e.g. news of a changing market situation, at least equally important was that there was a possibility to react rapidly. To examine the development of business information transmission, the duration of mail transport has been measured by a systematic and commensurable method, using consecutive information circles per year as the principal tool for measurement. The study covers a period of six decades, several of the world's most important trade routes and different mail-carrying systems operated by merchant ships, sailing packets and several nations' steamship services. The main sources have been the sailing data of mail-carrying ships and correspondence of several merchant houses in England. As the world's main trade routes had their specific historical backgrounds with different businesses, interests and needs, the systems for information transmission did not develop similarly or simultaneously. It was a process lasting several decades, initiated by the idea of organizing sailings in a regular line system. The evolution proceeded generally as follows: originally there was a more or less irregular system, then a regular system and finally a more frequent regular system of mail services. The trend was from sail to steam, but both these means of communication improved following the same scheme. Faster sailings alone did not radically improve the number of consecutive information circles per year, if the communication was not frequent enough. Neither did improved frequency advance the information circulation if the trip was very long or if the sailings were overlapping instead of complementing each other. The speed of information transmission could be improved by speeding up the voyage itself (technological improvements, minimizing the waiting time at ports of call, etc.) but especially by organizing sailings so that the recipients had the possibility to reply to arriving mails without unnecessary delay. It took two to three decades before the mail-carrying shipping companies were able to organize their sailings in an optimal way. Strategic shortcuts over isthmuses (e.g. Panama, Suez) together with the cooperation between steamships and railways enabled the most effective improvements in global communications before the introduction of the telegraph.

Filosofins renässans eller modern mystik : Bergsondebatten i Finland

The study examines the debate in Finland at the beginning of the 20th century surrounding the philosophy of Henri Bergson. Both within as well as outside of academic philosophy Bergsonism was adapted to the philosophical and cultural landscape in Finland by a process of selective appropriation. The ambiguous relationship between the sender and the receiver is accentuated in reference to philosophical celebrities such as Bergson, whose reputations spread more quickly than the content of their philosophy and whose names are drawn into the political and social discourse. As a philosophical movement the aim of Bergsonism was to create a scientific philosophy of life as an alternative to both idealism and modern empirical and antimetaphysical currents, during a period when European philosophy was searching for new guidelines after the collapse of the idealistic system philosophies of the 19th century. This reorientation is examined from a Finnish viewpoint and in the light of the process of intellectual importation. The study examines how elements from an international discourse were appropriated within the philosophical field in Finland against a background of changes in the role of the university and the educated elites as well as the position of philosophy within the disciplinary hierarchy. Philosophical reception was guided by expectations that had arisen in a national context, for example when Bergsonism in Finland was adjusted to a moral and educational ideal of self-cultivation, and often served as a means for philosophers to internationalize their own views in order to strengthen their position on the national stage. The study begins with some introductory remarks on the international circulation of ideas from the point of view of the periphery. The second section presents an overview of the shaping of the philosophical field at the turn of the 20th century, the naturalism and positivism of the late 19th century that were the objects of Bergson s critique, and an introduction to the attempts of a philosophy of life to make its way between idealism and naturalism. The third and main section of the study begins with a brief presentation of the main features of the philosophy of Bergson, followed by a closer examination of the different comments and analyses that it gave rise to in Finland. The final section addresses the ideological implications of Bergsonism within the framework of a political annexation of the philosophy of life at the beginning of the 20th century.

Kalleuksia isänmaalle : Eliel Aspelin-Haapkylä taiteen keräilijänä ja taidehistorioitsijana

Treasures of a Patriot Eliel Aspelin-Haapkylä as an art collector and art historian Treasures of a Patriot is a study of Eliel Aspelin-Haapkylä (1847 - 1917), professor of aesthetics and modern literature, as an art collector and art historian. The study combines the biographical perspective, art history as a discipline in the 19th-century Finland, and Aspelin-Haapkylä s art historical scholarship. My intention was to answer to questions such as what kind of an art collector an academic art historian was, why he collected art and cultural-historical objects and what the purpose of his collecting was. Aspelin-Haapkylä was an ideal choice for the main character because the ideologies of the era, culture, art and European ideas, especially German ideas about museums, are intertwined in his life. In addition, the ideas of the Fennomen can be found in his ideological background. Together with his wife, Ida Aspelin-Haapkylä, he bequeathed a rich donation to the National Museum of Finland, and a wideranging archive concerning the collection, his writings, and letters to the Finnish Literature Society. I have highlighted the materials from the archives related both to the collection and art history, especially the letters between Aspelin-Haapkylä and artists, fellow members of academia, his spouse and relatives. The content and the structure of the research are divided into seven main chapters. First, I discuss Susan M. Pearce s theory of collecting and the history of collecting. I also introduce some other art historians who were private collectors. The late 19th-century Fennomen and other nationalists who were active in cultural life and the arts, are introduced in the second chapter. In the third I deal with Aspelin-Haapkylä s collection of European art combined with his writings, his early published works, studies and many trips to Europe. The fourth and the fifth chapters are dedicated to those Finnish artists who he wrote biographies of, and the artists of his own era whom he supported. The sixth chapter discusses institutions and channels of influence and power through which the initiative to found the National Museum of Finland, his action in the Antell Delegation and co-operation with the art merchant Henryk Bukowski, rise up to the fore. Finally, I process the last will and the fate of the collection from 1917 until 1932. As an appendix, I have included a report and reconstruction of the art collection. The catalogue is based on the words in Aspelin-Haapkylä s the so-called blue notebooks, which I have completed with additions from other sources.

The story of … the top hat

Throughout the 19th century, the top hat was a mainstay of Victorian life: a man in a topper was well-to-do, respectable, a man of industry. But now the top hat is only a caricature of the upper class privilege it once represented. Its history traces a line through dandies, beavers, silk, and madness...