Constructive trusts, illegal purpose and locus poenitentiae

Analyses the Family Division decision in Q v Q on the competing claims of a father and son to beneficial ownership of a house in which the father sought to on a secret agreement entered into with his sons when transferring the property into their joint names, intended to subvert the inheritance tax rules on lifetime gifts by retaining the right to have the property transferred back to him, and the son relied on a later agreement with his brother to transfer the house into his sole name, in reliance on which he and his wife had acted to their detriment by paying for its upkeep and renovation.

Private purpose trusts: a reform proposal

Argues for the introduction of statutory reform to enable valid private purpose trusts to be created by those wishing to make testamentary gifts for non-charitable purposes, with no human beneficiary. Examines the rationale employed in cases where the validity of a private purpose trust has been upheld despite the absence of a human beneficiary. Considers the approaches adopted by five offshore jurisdictions when introducing purpose trust legislation. Identifies key features to be included in any new purpose trust legislation introduced in the UK.

A last resort

Considers the situations in which the presumption of advancement should apply to gifts given to family members and how this relates to the presumption of a resulting trust, whereby the law presumes that gifts are to be held for the benefit of the donor unless expressed otherwise, with reference to the Privy Council ruling in Antoni v Antoni. Highlights the bias inherent in the presumption of advancement where it operates for gifts given by husbands to wives, but not the other way round. [From Legal Journals Index]

Writing about war: Jung, Much Ado About Nothing, and the Troy novels of Lindsay Clarke

Arguably, in a time of war literature, and indeed all writing, is saturated with deep psychic responses to conflict. So that not only in literary genres such as epic and tragedy, but also in the novel and comedy, can writing about war be discerned. C.G. Jung, Shakespeare and Lindsay Clarke are fundamentally writers of war who share allied literary strategies. Moreover, they diagnose similar origins to the malaise of a culture tending to war in the neglect of aspects of the feminine that patriarchy prefers to ignore. In repressing or evading the dark feminine, cultures as dissimilar as ancient Greece, the 21st century, Shakespeare's England and Jung's Europe prevent the healing energies of the conjunctio of masculine and feminine from stabilising an increasingly fragile consciousness. In the Troy novels of Clarke, Answer to Job by Jung and Much Ado About Nothing by Shakespeare, some attempt at spiritual nourishment is made through the writing. [From the Publisher]

Turning the categories inside-out: Complex identifications and multiple interactions in religious ethnography

This paper challenges the fixed boundaries that ethnographers have often constructed between religious insiders and outsiders. Drawing on Neitz's observations, it argues that the main task of reflexive fieldwork is locating the self in relation to ambiguous and shifting boundaries. We offer a comparative analysis of the experiences of two differently socially located researchers to illustrate how religious identity emerges as a continuum, on which one's place is negotiated with one's research participants. We also examine the importance of intersecting multiple identities. Finally, the paper questions whether social identity categories are the primary way that we relate with our respondents. It explores the spiritual and emotional dimensions of research relationships and argues that these may transform, reinforce and generally interact with social identities. Comparing our experiences, we outline the consequences of these reflections for data gathering and analysis.

Literatura y acto: Aquiles, el regreso a la batalla

Greek literature was used from early times with educational purposes, Greek heroes presented were considered as paradigms to follow. However, human acts burst beyond reason and the stories told have little effect on the decisions of the receptor. The aim of this article is to review the character of Achilles in the Iliad, because for him to no avail gifts, friends, much less a narration by his preceptor Phoenix to depose his anger and return to the battlefield to assist his friends.

La música práctica en san Agustín: "vestigium" y "signum"

En distintos momentos de su producción intelectual, Agustín se refirió al asunto de la música. En este artículo mostraremos que Agustín uso dos esquemas conceptuales distintos para describir el fenómeno de la música práctica en su relación con el mundo espiritual, el esquema de las Artes Liberales y el de la teoría del signo, y que en virtud de ello la música sería concebida de dos modos diferentes: como vestigium y como signum del mundo espiritual, respectivamente. Al final del artículo analizaremos la diferencia entre las dos concepciones considerando tres elementos: la naturaleza de la relación entre mundo material y espiritual, el contenido espiritual al que remite y la noción de belleza que implica.

Metaphor and Maltese Art: Explorations in the Temple Period

Temple Period Malta in the 3rd millennium BC saw the production of a range of figurative and decorative art and architecture that implies a richly populated spiritual and cognitive world associated with ritual practice in life and death. The paper explores the potential to categorize the figurative art into distinct groups, and how these various images might represent aspects of the cosmology and social concerns of a prehistoric island society.

Devotional Culture in Late Medieval England and Europe: Diverse Imaginations of Christ’s Life

Christ’s life, as related through the Gospel narratives and early Apocrypha, was subject to a riot of literary-devotional adaptation in the medieval period. This collection provides a series of groundbreaking studies centring on the devotional and cultural significance of Christianity’s pivotal story during the Middle Ages.

The collection represents an important milestone in terms of mapping the meditative modes of piety that characterize a number of Christological traditions, including the Meditationes vitae Christi and the numerous versions it spawned in both Latin and the vernacular. A number of chapters in the volume track how and why meditative piety grew in popularity to become a mode of spiritual activity advised not only to recluses and cenobites as in the writings of Aelred of Rievaulx, but also reached out to diverse lay audiences through the pastoral regimens prescribed by devotional authors such as the Carthusian prior Nicholas Love in England and the Parisian theologian and chancellor of the University of Paris, Jean Gerson.

Through exploring these texts from a variety of perspectives — theoretical, codicological, theological — and through tracing their complex lines of dissemination in ideological and material terms, this collection promises to be invaluable to students and scholars of medieval religious and literary culture.

Covenanter Politics: Evangelicalism, Political Liberalism and Ulster Presbyterians, 1798-1914

Historians of Ireland have devoted considerable attention to the Presbyterian origins of modern Irish republicanism in the 1790s and their overwhelming support for the Union with Great Britain in the 1880s. On the one hand, it has been argued that conservative politics came to dominate nineteenth-century Presbyterianism in the form of Henry Cooke who combined conservative evangelical religion with support for the established order. On the other hand, historians have long acknowledged the continued importance of liberal and radical impulses amongst Presbyterians. Few historians of the nineteenth century have attempted to bring these two stories together and to describe the relationship between the religion and politics of Presbyterians along the lines suggested by scholars of Presbyterian radicalism in the last quarter of the eighteenth century. This article argues that a distinctive form of Presbyterian evangelicalism developed in the nineteenth century that sought to bring the denomination back to the theological and spiritual priorities of seventeenth-century Scottish and Irish Presbyterianism. By doing so, it encouraged many Presbyterians to get involved in movements for reform and liberal politics. Supporters of ‘Covenanter Politics’ utilised their denominational principles and traditions as the basis for political involvement and as a rhetoric of opposition to Anglican privilege and Catholic tyranny. These could be the prime cause of Presbyterian opposition to the infringement of their rights, such as the marriage controversy and the Disruption of the Church of Scotland in the early 1840s, and they could also be employed as a language of opposition in response to broader social and political developments, such as the demands for land reform stimulated by the agricultural depression that accompanied the Famine. Despite their opposition to ascendancy, however, the Covenanter Politics of Presbyterian Liberals predisposed them towards pan-protestant unionism against the threat of ‘Rome Rule’.

The Role of Identity in Adjustment among Survivors of Oesophageal Cancer.

The study sought to contextualize the physical, social and emotional adjustments that are faced by oesophageal cancer patients following surgery. Semi-structured interviews were conducted with five survivors, guided by the principles of Interpretative Phenomenological Analysis (IPA). Participants’ accounts encompassed descriptions of personal, social and medical relationships, illness and treatment experiences, eating behaviours, and spiritual and religious perspectives, representing myriad challenges to the self-concept. Surviving patients may have a role in addressing patient expectations about eating. The importance of attempts to nurture and maintain a sense of self should be recognized by those providing care.

Learning Not to Curse: Swearing, Testimony, and Truth in Olaudah Equiano’s The Interesting Narrative

This article addresses swearing and testimony in Olaudah Equiano’s The Interesting Narrative (1789) by reading the work in the context of a broader contemporary discourse concerning profane swearing and cursing. Acts of profane enunciation inform a number of key episodes in Equiano’s life, and bear particular significance for his spiritual development and abolitionist witnessing. Within the Narrative, swearing is cast as a failure of piety, civility, and humanity, and shown to be actively avenged by a retributive deity. In Britain, profane swearing was also thought to undermine the validity of legal testimony; while, in the British West Indies, slaves were denied recourse to such testimony against their oppressors. By disavowing profane swearing and cursing, the essay argues, Equiano sought to assert both the validity of his oath and the truth of his testimony against the iniquities of the British slave trade.

Writing the Dark Side of Travel

The travel experience filled with personal trauma; the pilgrimage through a war-torn place; the journey with those suffering: these represent the darker sides of travel. What is their allure and how are they represented? This volume takes an ethnographic and interdisciplinary approach to explore the writings and texts of dark journeys and travels. In traveling over the dead, amongst the dying, and alongside the suffering, the authors give us a tour of humanity’s violence and misery. And yet, from this dark side, there comes great beauty and poignancy in the characterization of plight; creativity in the comic, graphic, and graffiti sketches and comments on life; and the sense of profound and spiritual journeys being undertaken, recorded, and memorialized.

Reflexology for symptom relief in patients with cancer

Complementary therapies are increasingly being used in hospices and hospitals alongside orthodox treatments in an attempt to improve patients' emotional, spiritual, psychological, and physical well-being. An average of 31% of UK patients with cancer use some form of complementary therapy. Many UK cancer centers, out-patient units, and hospices are providing complementary services. There is strong anecdotal evidence that complementary therapies assist in the palliation of physical and psychological symptoms. This systematic review examines the research evidence base for the effectiveness of reflexology in cancer care. The study reports the results of a systematic review following the Cochrane principles of systematic reviewing. No meta-analysis was possible. Studies were retrieved from a comprehensive search of electronic databases from their start dates. An initial search was carried out in 2003 and updated in 2005 to 2006. Eligible studies were randomized controlled trials, controlled before and after studies, and interrupted time-series studies. Participants were adults with a diagnosis of cancer, receiving care in any healthcare setting. Interventions were limited to reflexology carried out by a qualified therapist as distinguished from another healthcare professional carrying out a reflexology intervention. Outcome measures were patient-reported levels of physical and psychological indices of symptom distress and quality of life (measured using validated assessment tools). Copyright © 2008 Lippincott Williams & Wilkins