The Role of Dignity in Equality Law: Lessons from Canada and South Africa

This paper examines the link made on occasion between the concept of dignity and substantive equality; it is further noted that dignity can have very different meanings in different contexts. While the notion of dignity does not often play a substantive role in the resolution of decisions, sometimes the underlying understanding of dignity does matter. However, in all cases, judges should avoid the temptation to rely on unarticulated value judgments or subjective notions of dignity. When judges make reference to dignity, they should articulate the values underpinning their conception of it.

‘Med Hondo’s Sarraounia: The musical articulation of cultural transformation’

This article examines music in Med Hondo’s Sarraounia, considering how it contributes to the dramatic form of the movie while concurrently articulating narratives regarding cultural transformation through both its extrinsic (cultural) and intrinsic (formal) dimensions. Examining how the use of traditional and contemporary African music politicises diegetic space by referring us to the relationships between indigenous musical forms and their global, culturally hybrid descendents, it then demonstrates the complex manner in which the film uses the formal specificities of African and Western musical idioms to articulate a narrative regarding the cultural transformations that occur when an oral culture (Africa) encounters a literate, modernised culture (the West).

Ai Weiwei: La recepción de su producción artística

Actualmente Ai Weiwei es el creador con mayor proyección dentro y fuera de China, destacando especialmente por su prolífica, heterogénea, comprometida y polémica producción artística. Sus propuestas suscitan un gran interés y obtienen una destacada repercusión tanto en China como en un escenario internacional. Precisamente, es uno de los artistas contemporáneos chinos que ha logrado una mayor presencia en los medios de comunicación y en los espacios expositivos españoles, siendo un ejemplo de ello la organización de la primera exposición museística de su obra en el Centro Andaluz de Arte Contemporáneo (2013) y el estreno de la película documental sobre su vida y su obra Never Sorry (2013), dirigida por Alison Klayman. Ai Weiwei es un autor mediático y su visibilidad deviene una plataforma desde donde articular proyectos artísticos que enfocan determinadas problemáticas sociales. A la vez, la crítica política de Ai Weiwei resulta especialmente atractiva en un contexto euroamericano que subraya su papel de disidente y agitador. Dentro de tales parámetros se ahondará en la recepción de la producción artística de Ai Weiwei en el marco internacional y en el contexto español, analizando la aproximación que la prensa esboza sobre dicho autor.

On the Problems of Mixing RCTs with Qualitative Research: The Case of the MRC Framework for the Evaluation of Complex Healthcare Interventions

In the perceived hierarchy of research designs, the results from randomized controlled trials are considered to provide the highest level of evidence. Indeed these trials have been upheld as the gold standard in research. The benefits and limitations of the randomized controlled trial as a method of evaluating the effectiveness of healthcare interventions are presented. The article then examines the different levels of complexity within healthcare interventions and the problems this poses in determining effectiveness. In an effort to provide a solution to this problem, the Medical Research Council produced a framework to assist investigators to develop and evaluate complex healthcare interventions. The framework is described with reference to an example of implementing and evaluating protocols for weaning patients in the intensive care unit. The framework is critiqued on the basis that it involves an ambiguous or contradictory ontology, which fails to articulate the relationship between the positivism of randomized controlled trials with the relativism of qualitative approaches. It is concluded that the use of realist strategies in combination with randomized controlled trials provides the most coherent solution to this quandary

Reconceptualising employee silence: problems and prognosis

A growing literature has emerged on employee silence, located within the field of organisational behaviour. Scholars have investigated when and how employees articulate voice and when and how they will opt for silence. While offering many insights, this analysis is inherently one-sided in its interpretation of silence as a product of employee motivations. An alternative reading of silence is offered which focuses on the role of management. Using the non-union employee representation literature for illustrative purposes, the significance of management in structuring employee silence is considered. Highlighted are the ways in which management, through agenda-setting and institutional structures, can perpetuate silence over a range of issues, thereby organising employees out of the voice process. These considerations are redeployed to offer a dialectical interpretation of employee silence in a conceptual framework to assist further research and analysis.

The Housing Triangulation: A discourse on Quality, Affordability and Lifestyles in India

Since 1991 with the advent of globalization and economic liberalisation, basic conceptual and discursive changes are taking place in housing sector in India. The new changes suggest how housing affordability, quality and lifestyles reality is shifting for various segments of the population. Such shift not only reflects structural patterns but also stimulates an ongoing transition process. The paper highlights a twin impetus that continue to shape the ongoing transition: expanding middle class and their wealth - a category with distinctive lifestyles, desires and habits and corresponding ‘market defining’ of affordable housing standards - to articulate function of housing as a conceptualization of social reality in modern India. The paper highlights the contradictions and paradoxes, and the manner in which the concept of affordability, quality and lifestyles are embedded in both discourse and practice in India. The housing ‘dream’ currently being packaged and fed through to the middle class population has an upper middle class bias and is set to alienate those at the lower end of the middle-and low-income population. In the context of growing agreement and inevitability of market provision of ‘affordable housing’, the unbridled ‘market-defining’ of housing quality and lifestyles must be checked.

Multiculturalism, freedom of religion, equality, and the British constitution: The JFS case considered

In the JFS case, the Supreme Court of the United Kingdom held that the admissions policy of a Jewish faith school constituted unlawful racial discrimination because it used the Orthodox Jewish interpretation of who is Jewish as a criterion for determining admission to the school. A detailed discussion of the case is located in the context of two broader debates in Britain, which are characterized as constitutional in character or, at least, as possessing constitutional properties. The first is the debate concerning the treatment of minority groups, multiculturalism, and the changing perceptions in public policy of the role of race and religion in national life. It is suggested that this debate has become imbued with strong elements of what has been termed “post-multiculturalism”. The second debate is broader still, and pertains to shifting approaches to “constitutionalism” in Britain. It is suggested that, with the arrival of the European Convention on Human Rights and EU law, the U.K. has seen a shift from a pragmatic approach to constitutional thinking, in which legislative compromise played a key part, to the recognition of certain quasi-constitutional principles, allowing the judiciary greatly to expand its role in protecting individual rights while requiring the judges, at the same time, to articulate a principled basis for doing so. In both these debates, the principle of equality plays an important role. The JFS case is an important illustration of some of the implications of these developments.

Inclusive development? State-led land development model in New Town, Kolkata

Urban land development in India is changing under the auspices of economic liberalisation. Kolkata has been in the forefront of this transformation through development of new townships in the urban peripheries based on a distinctive state-led land development model. Within this context New Town, Kolkata (also known as Rajarhat) provides a highly illuminative case to articulate the ways in which the state is implementing its neoliberal agenda in land development. It rides on political and ideological high ground by seeking to create a ‘model development’ of state–market partnership for dual goals of fostering capitalist interest while fulfilling welfarist principles. Interesting insights have emerged that point to a policy paradox. On one hand, the process follows market principles of efficacy and efficiency; on the other hand, state’s keenness to extend control persists, thereby creating a highly uneven terrain for state–market interaction. New Town reflects a typical quasi-market condition shaped by the monopolistic state, the poorly structured role of the private sector, an absence of civic bodies, and minimal land and housing provision for the poor. In India, as internationally, the economic liberalisation market ideology is increasingly construed as good governance. In this context New Town is a step in the right direction, but the progress is patchy, uneven, and still evolving.

Children, the environment and participatory planning

Public participation in the planning system is well established in both academic and practice based research. The failure to engage the 'public' effectively has resulted in costly and unpopular decisions and produced a debate about how, when and with whom to participate. Children have tended to be marginal or ignored in land use planning but this paper suggests that, given the right techniques, they can be articulate, reasonable and clear thinkers about the type of environment they live in and how it should change. It draws on Mental Mapping and Environmental Affordance methodologies to show how eleven year old children can read their neighbourhood, identify barriers and highlight the benefits they extract from a deeper cognitive understating of their place. The paper concludes by suggesting that these techniques are transferable globally, especially where literacy and numeracy is weak and where planners reliance on formalised consultations reflect the interests of state and economic elites rather than the wider population.

Public health education for midwives and midwifery students: a mixed methods study

Background: Current national and international maternity policy supports the importance of addressing public health goals and investing in early years. Health care providers for women during the reproductive and early postnatal period have the opportunity to encourage women to make choices that will impact positively on maternal and fetal health. Midwives are in a unique position, given the emphasis of the philosophy of midwifery care on building relationships and incorporating a holistic approach, to support women to make healthy choices with the aim of promoting health and preventing ill health. However, exploration of the educational preparation of midwives to facilitate public health interventions has been relatively limited. The aim of the study was to identify the scope of current midwifery pre registration educational provision in relation to public health and to explore the perspectives of midwives and midwifery students about the public health role of the midwife.

Methods: This was a mixed methods study incorporating a survey of Higher Educational Institutions providing pre registration midwifery education across the UK and focus groups with midwifery students and registered midwives.

Results: Twenty nine institutions (53% response) participated in the survey and nine focus groups were conducted (59 participants). Public health education was generally integrated into pre registration midwifery curricula as opposed to taught as a discrete subject. There was considerable variation in the provision of public health topics within midwifery curricula and the hours of teaching allocated to them. Focus group data indicated that it was consistently difficult for both midwifery students and midwives to articulate clearly their understanding and definition of public health in relation to midwifery.

Conclusions: There is a unique opportunity to impact on maternal and infant health throughout the reproductive period; however the current approach to public health within midwifery education should be reviewed to capitalise on the role of the midwife in delivering public health interventions. It is clear that better understanding of midwifery public health roles and the visibility of public health within midwifery is required in order to maximise the potential contribution of midwives to achieving short and long term public health population goals.

Uses of expertise:Sources, quotes, and voice in the reporting of genetics in the news

Science journalists call upon experts for background and for clarification and comment on scientific findings. This paper examines how science writers choose and use experts, and it focuses on several cases of reporting about genetics and behavior. Our research included two sources of data: interviews with 15 science reporters and three print media samples of coverage of genetics and behavior - alcoholism (between 1980-1995), homosexuality (in 1993 and 1995), and mental illness (between 1970-1995). Science reporters seek relevant and specific experts for nearly every story. Good sources are knowledgeable, are connected to prestigious institutions, are direct and articulate and don't overqualify statements, and they return phone calls. The mean number of experts quoted was 2.8 per story, differing for alcoholism (3.5), homosexuality (2.8), and mental illness (2.6). Researchers and scientists predominated among experts quoted. Quotes were used to provide context, give legitimization, as explication, to provide a kind of balance, and to outline implications. For the homosexuality sample, a significantly greater percentage of activists and advocates were quoted (21 percent compared with 5 percent and 1 percent in other samples, X <0.0001). "Lay" quotes for alcoholism and mental illness were minimal. Except for homosexuality, whose advocates are organized, those "affected" do not have a voice in genetics news stories.

The Senses of Muriel Rukeyser’s The Book of the Dead

When Muriel Rukeyser travelled to Gauley Bridge in 1936 to report on the industrial disaster that had led to the deaths of over 700 miners, her findings led her to write what is arguably her masterpiece – the 1938 poem series The Book of the Dead. Of all Rukeyser's writings, this hybrid work of documentary techniques and metaphors, of testimony and elegy, has attracted the most critical attention. However, analyses of the series have tended to focus on the ways in which the poet adopted and adapted documentary methods in order to offer a leftist ideological critique on capitalist-born social injustice. The purpose of this article is not to negate such readings, but to offer alongside them insight into a more ethical-philosophical approach that I believe guided Rukeyser's entire career. Via an examination of the ways in which Rukeyser employs the human senses to articulate the complexities of human political, metaphysical and social relations, this article explores the influence of the Zionist Martin Buber on the poet. Rukeyser acknowledged Buber's writings in her later work, but I contend here that they played a large part in the formation of her poetics, especially in connection with her documentary aesthetic. Whilst several critics have noted, albeit often superficially, the Marxist flavour of Rukeyser's poetry in The Book of the Dead, I argue for the influence of Buber over Marx in terms or responsibility, community and dialogue. Both Rukeyser's and Buber's methods of expressing and promoting these ethical necessities rely on a synaesthetic response to the world. Where Buber advances a dialogue between the self and alterity through transcendent personal encounter, Rukeyser locates such encounter in the poem, arguing for an exchange that leads to creation, and to personal and interpersonal growth.

Negative Silence: The unspoken future of Northern Ireland

The premise for finding common ground between unionism and nationalism in Northern Ireland in the 1998 Agreement centred on an accepted compromise regarding what the future of the province might be: continued union within the UK was assured but could be changed if unity with the Republic of Ireland was the will of the majority. In this way, Northern Ireland was suspended as if on a see-saw between the ‘two traditions’. As a consequence, the very success of power-sharing has made it difficult for parties to articulate a shared vision of Northern Ireland’s future. This paper identifies a ‘negative silence’ regarding the outlook for Northern Ireland and seeks to uncover some of its implications by analysing three of its constitutive elements. First, how the aspirational discourse of the four largest political parties has remained largely entrenched in oppositional gullies. Second, how the debate around the Shared Future framework and Cohesion, Sharing and Integration programme ironically embodies deep differences in political visions of a ‘shared’ future for Northern Ireland. Finally, interview-based reflections on how an inability to articulate a future for Northern Ireland affects the young ‘Agreement generation’ and their (dis)empowerment as citizens. The paper concludes that the thicker the fog of silence grows over the subject of Northern Ireland’s future, the bleaker this future is likely to be

Critical Dialogue in Architecture Studio: Peer Interaction and Feedback

Most tutors in architecture education regard studio-based learning to be rich in feedback due to is dialogic nature. Yet, student perceptions communicated via audits such as the UK National Student Survey appear to contradict this assumption and challenge the efficacy of design studio as a truly discursive learning setting. This paper presents findings from a collaborative study that was undertaken by the Robert Gordon University, Aberdeen, and Queen’s University Belfast that develop a deeper understanding of the role that peer interaction and dialogue plays within feedback processes, and the value that students attribute to these within the overall learning experience.

The paper adopts a broad definition of feedback, with emphasis on formative processes, and including the various kinds of dialogue that typify studio-based learning, and which constitute forms of guidance, direction, and reflection. The study adopted an ethnographic approach, gathering data on student and staff perceptions over the course of an academic year, and utilising methods embracing both quantitative and qualitative data.

The study found that the informal, socially-based peer interaction that characterises the studio is complementary to, and quite distinct from, the learning derived through tutor interaction. The findings also articulate the respective properties of informal and formally derived feedback and the contribution each makes to the quality of studio-based learning. It also identifies limitations in the use or value of peer learning, understanding of which is valuable to enhancing studio learning in architecture.

Thinking Sexual Difference Through the Law of Rape

2013 marks 10 years since the Sexual Offences Act 2003 was passed. That Act made significant changes to the law of rape which appear now to have made very little difference to reporting, prosecution or conviction rates. This article argues that the Act has failed against its own measures because it remains enmeshed within a conceptual framework of sexual indifference in which woman continues to be constructed as man’s (defective) other. This construction both constricts the frame in which women’s sexuality can be thought and distorts the harm of rape for women. It also continues woman’s historic alienation from her own nature and denies her entitlement to a becoming in line with her own sexuate identity. Using Luce Irigaray’s critical and constructive frameworks, the article seeks to imagine how law might ‘cognize’ sexual difference and thus take the preliminary steps to a juridical environment in which women can more adequately understand and articulate the harm of rape.