Legal duties following the discharge of mental health patients

In the recent decision of Hunter and New England Local Health District v McKenna; Hunter and New England Local Health District v Simon, the High Court of Australia held that a hospital and its medical staff owed no common law duty of care to third parties claiming for mental harm, against the background of statutory powers to detain mentally ill patients. This conclusion was based in part on the statutory framework and in part on the inconsistency which would arise if such a duty was imposed. If such a duty was imposed in these circumstances, the consequence may be that doctors would generally detain rather than discharge mentally ill persons to avoid the foreseeable risk of harm to others. Such an approach would be inconsistent with the policy of the mental health legislation , which favours personal liberty and discharge rather than detention unless no other care of a less restrictive kind is appropriate and reasonably available.

Duties to the dead and dying

Digital image

Patriarkkana ikuisuuden performanssissa : Maskuliinisuuden ja miehen ruumiillisuuden rakentuminen mormonien Duties and Blessings of the Priesthood -opetuskäsikirjassa

The material I analyze for my master's thesis is a teaching manual used by the Mormons (the Church of Jesus Christ of Latter-day Saints), called "Duties and Blessings of the Priesthood". This work includes numerous lesson plans, each one with a separate topic. The manual is intended especially for teaches, but can also be used for individual study. The main target of my research is to find out how men and their bodies are constructed in the manual. Prescriptive texts together with narrative stories and illustrations create a multifaceted picture of Mormon notions of masculinity and corporeality. I approach my research material from a constructivist perspective. I build my interpretative reading upon Critical Discourse Analysis. I am especially interested in how the manual interprets and understands connections between gender, embodiment and religion. I understand gender in Judith Butler's terms, as a performance of styled and repeated gestures. Some of the discussions I raise in my work draw upon the disciplines of Critical Men's Studies and Sociology of Religion. In Mormonism, gender is thought to be an elementary part of human ontology. It is an eternal trait inherited from God the Father (and God the Mother). The place of men in Mormon cosmology is determined by their double role as patriarchs, fathers and priests. The main objective of mortal life is to gain salvation together with one's family. The personal goal of a Mormon man is to one day become a god. Patriarchs are responsible for the spiritual and material well-being of their family. The head of a household should be gentle and loving, but still an unconditional authority. In the manual, a Mormon man is depicted as a successor of mythical and exemplary men of sacred history. The perfect and sinless body of Jesus Christ serves as an ideal for the male body. Mormon masculinity is also defined by priesthood - the holy power of God - which is given to practically all male Mormons. Through the priesthood, a Mormon man serves as the governor of God on Earth. The Mormon priest has the authority to bind the immanent and the transcendent worlds together with gestures, poses and motions performed with his body. In Mormonism, the body also symbolizes a temple or a space where the sacred meets the profane. Because the priesthood borne by a man is holy, he has to treat his body accordingly. The body is valuable in itself, without it one cannot be saved. Men are forbidden of polluting their bodies by using stimulants or by having sexual relations out of wedlock. A priesthood holder must uphold healthy habits, dress neatly, and conduct himself in a temperate manner. He must also be outgoing and attentive. The manual suggests that a man's goodness or wickedness can be perceived from his external appearance. The Church of Jesus Christ of Latter-day Saints is a hierarchical and man-led organisation. The ideals of gender and corporeality are set by a homogenous priesthood leadership that consists mainly of white heterosexual American men. The larger Mormon community can control individual men by sanctioning. Growing as a Mormon man happens under the guidance of one's reference group.

Civil framework of the Internet : Law n°. 12.965, of April 23, 2014, which establishes the principles, guarantees, rights and duties for use of the Internet in Brazil

Traz atualizado o texto do Marco Civil Brasileiro da Internet, a Lei nº 12.965, de 23 de abril de 2014.

Estampación con Pam-Stamp de la parte interna de un capó.

[ES]El objetivo principal de este documento es diseñar todo el proceso de fabricación de la parte interna de capó. Esta acción se realiza con la ayuda de un software informático llamado Pam-Stamp. Es un programa de simulación virtual de procesos de conformado de chapa. El proceso elegido es la estampación en frío. Como resultados final se conocen la geometría tras la estampación, así como todas las propiedades físicas del producto elegido.

Missions the chief end of the Christian Church; also, the qualifications, duties, and trials, of an Indian Missionary: being the substance of services held on the 7th March, in St. Andrew's Church, Edinburgh, at the ordination of the Rev. Thomas Smith.

http://books.google.com/books?vid=OCLC55772204

The mortgagee's duties on sale

Discusses the remedies available to mortgage lenders when borrowers default on their mortgage repayments. Examines aspects of the mortgagee's duty of care to the mortgagor when choosing to sell the property in terms of the timing of the sale, the mode of sale, the price obtained, and the sale of a commercial property to a party associated with the mortgagor. [From Legal Journals Index]

Historians and their duties

We need to specify what ethical responsibility historians, as historians, owe, and to whom. We should distinguish between natural duties and (non-natural) obligations, and recognize that historians' ethical responsibility is of the latter kind. We can discover this responsibility by using the concept of “accountability”. Historical knowledge is central. Historians' central ethical responsibility is that they ought to tell the objective truth. This is not a duty shared with everybody, for the right to truth varies with the audience. Being a historian is essentially a matter of searching for historical knowledge as part of an obligation voluntarily undertaken to give truth to those who have a right to it. On a democratic understanding, people need and are entitled to an objective understanding of the historical processes in which they live. Factual knowledge and judgments of value are both required, whatever philosophical view we might have of the possibility of a principled distinction between them. Historians owe historical truth not only to the living but to the dead. Historians should judge when that is called for, but they should not distort historical facts. The rejection of postmodernism's moralism does not free historians from moral duties. Historians and moral philosophers alike are able to make dispassionate moral judgments, but those who feel untrained should be educated in moral understanding. We must ensure the moral and social responsibility of historical knowledge. As philosophers of history, we need a rational reconstruction of moral judgments in history to help with this.

The in-service teacher trainer: profile, career path and duties

This article is the result of a doctoral thesis that aims to understand the reality of teacher trainers at a given moment, when their professional role changes from being a managing training advisor to a role that is more centred on process counselling. Using in-depth interviews, we defined the personal and professional profile of training counsellors in the Balearic Islands, their career path, the process for their inclusion in Teacher Centres (CEP) and, finally, the duties and skills that they perform as teacher trainers. The data that has been collected shows the coexistence of different professional roles in the group of education advisors. Moreover, it also indicates a lack of definition of the profile needed to access an advisor's position. There are indeed some coincidences determining the access route to such a position when it comes to the teaching profession since their leadership qualities and group dynamics expertise are a common indicator in most cases. The research also shows that they are subjected not only to a wide range of roles and tasks but also to a vast array of competences required to tackle the education advisor's tasks.

Gender implications of UK welfare reform and government equality duties: evidence from qualitative studies

The UK coalition government is bound by equality duties to have regard to the impact of its policies on various groups, including women. This article investigates how far this legislative commitment is influencing debates about current welfare reforms, especially plans for ‘universal credit’ (a new means-tested benefit).
The authors draw on findings from recent studies of within-household distribution from a gender perspective, including in particular their own qualitative research involving separate semi-structured interviews with men and women in 30 low/moderate-income couples in Britain. A major aim of this research was to facilitate more nuanced analysis of the effects of welfare reforms in terms of gender roles and relationships within the household.
This article therefore explores how far these findings, together with key principles for assessing the gender impact of welfare reforms, can be used to assess ‘universal credit’, and to what extent they influenced the UK government’s proposals and analysis.

Remonstrance of the citizens of Beaufort District, S.C. against any further increase of the duties on imports, December 31, 1827

This document contains a remonstrance, which was written by the citizens of Beaufort district of South Carolina, in connection with tariff increases. It was presented to the Senate and House of Representatives of the United States.

Memorial of citizens of Chesterfield, Marlborough, and Darlington, assembled at Cheraw in South Carolina, against a further increase of duties on imported articles, February 4, 1828 : referred to the Committee of the Whole House on the state of the Union

This document contains a memorial, which was written by the citizens of Chesterfield, Marlborough, and Darlington, assembled in the town of Cheraw, on July 25, the 25, 1827 in the state of South Carolina who were engaged in agriculture and commerce and presented it to oppose the tariff increase. It was presented to the Congress of the United States.

The stamp of identities: negotiating diasporic Chinese subjectivity in philatelic spaces

This paper examines the politics and poetics of identity construction and articulation among guiqiao (Returned Overseas Chinese) through a case study of a postage stamp exhibition put up jointly by an ordinary guiqiao and an official huaqiao (Overseas Chinese) museum in Quanzhou, China. Two conflicting meaning systems are identified in this exhibition. On the surface and mainly through words, it promulgates a highly clichéd China-centred discourse of huaqiao as patriotic subjects, legitimated by the authority of an official museum. Simultaneously, it articulates implicitly a “trans-local diasporic subjectivity” conveyed by the imagery of stamps and constituted by constant interactions between the materiality of stamps and the bodily experience of stamp collectors beyond the museum. This study contributes to the study of guiqiao, and of Chinese diaspora in general, in two ways. First, it complicates the conventional understanding of guiqiao identity by pinpointing contested negotiations between the state from above and guiqiao from below, involving simultaneously conflicts and compromises. Secondly, it brings to light the important role of body, affect and materiality in the construction and articulation of guiqiao identities, paving the way for integrating museum and migration studies with the potential to re-conceptualize transnational mobilities in the Chinese context and beyond.

Task Competency in the Rights Analytic: Mental Health and the Justification for Rights and Duties

The paper concerns the moral status of persons for the purposes of rights-holding and duty-bearing. Developing from Gewirth’s argument to the Principle of Generic Consistency (PGC) and Beyleveld et al.’s Principle of Precautionary Reasoning, I argue in favour of a capacity-based assessment of the task competencies required for choice-rights and certain duties (within the Hohfeldian analytic). Unlike other, traditional, theories of rights, I claim that precautionary reasoning as to agentic status holds the base justification for rights-holding. If this is the basis for generic legal rights, then the contingent argument must be used to explain communities of rights. Much in the same way as two ‘normal’ adult agents may not have equal rights to be an aeroplane pilot, not all adults hold the same task competencies in relation to the exercise of the generic rights to freedom derived from the PGC. In this paper, I set out to consider the rights held by children, persons suffering from mental illness and generic ‘full’ agents. In mapping the developing ‘portfolio’ of rights and duties that a person carries during their life we might better understand the legal relations of those who do not ostensibly fulfil the criteria of ‘full’ agent.