Trial by jury in civil proceedings : “convenience” and the philosophy of the UCPR

In Syddall v National Mutual Life Association of Australasia Limited [2008] QSC 101 Daubney J ordered the action be tried without a jury. His judgment considered the circumstances in which a trial involves any technical, scientific or other issue that can not be “conveniently” considered and resolved by a jury as provided in r 474 of the Uniform Civil Procedure Rules 1999 (Qld)

Maxims of Action in a Financial Co-operative: Epistemological and Theoretical Issues

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A treatise on the passions and affections of the mind, philosophical, ethical, and theological. In a series of disquisitions, in which are traced, the moral history of man, in his pursuits, powers, and motives of action, and the means of obtaining permanent well-being and happiness.

Half-titles, also special title-pages; v. 1: An ethical treatise on the passions ... Bath, 1810. v. 2: Ethical questions; or, Speculations on the principal subjects of controversy in moral philosophy ... London, 1817. v. 3: An ethical treatise on the passions ... Bath, 1807. v. 4: Theological disquisitions ... London, 1812. v. 5: A theological disquisition, on the characteristic excellencies of Christianity ... London, 1813.

A philosophy in action: Carl Einstein and Die Fabrikation der Fiktionen

Carl Einstein is a not very well known figure within German culture, but his essay Die Fabrikation der Fiktionen remains ignored even among scholars of his work despite containing highly valuable clues to understand the intersection between philosophy and politics that characterizes much of the European thought of the twentieth century. Given this situation, after an initial part where the author’s personality and his latest ideas and actions are taken in account, the article makes a thorough review of Die Fabrikation der Fiktionen by doing firstly a comparison of the different interpretations that it has received until now, and continues by carrying out a new reading of its main ideas –the conflict between Realität and Wirklichkeit or the very concept of Fiktion– and an exercise of contrast between the essay and certain works by contemporary thinkers like Siegfried Kracauer and Paul Nizan.

From individualism to social solidarity – the philosophy of war in the works of Simone de Beauvoir

The horrors and suffering of World War II directly affected Simone de Beauvoir. Exposed to destruction and pervasive death, and haunted by the separation from her beloved, she is bound to conclude that an individual—especially an intellectual—is powerless when confronted with extreme violence. In this context, the writer becomes increasingly aware that action must be taken to defend both the common good and those whose lives are under threat. The restrained existentialist—an independent woman focused on her personal development and happiness—thus undergoes a kind of evolution, and becomes an author sincerely concerned with other people and their basic needs— especially with those suffering harm or afflicted by violence. The drama of war enables Beauvoir to adopt a broader view of the misery of human existence and to deal with subjects hitherto unbeknownst to her.

The organisation of action in complex neurobiological systems

This chapter elucidates key ideas behind neurocomputational and ecological dynamics and perspectives of understanding the organisation of action in complex neurobiological systems. The need to study the close link between neurobiological systems and their environments (particularly their sensory and movement subsystems and the surrounding energy sources) is advocated. It is proposed how degeneracy in complex neurobiological systems provides the basis for functional variability in organisation of action. In such systems processes of cognition and action facilitate the specific interactions of each performer with particular task and environmental constraints.

The ADHD debate and the philosophy of truth

There is ongoing and wide-ranging dispute over the proliferation of childhood behaviour disorders. In particular, the veracity of the category Attention Deficit Hyperactivity Disorder (ADHD), has been the subject of considerable scepticism. With no end to the debate in sight, it will be argued here that the problem might effectively be approached, not by addressing the specific features of ADHD itself, but rather by a philosophical analysis of one of the terms around which this entire problem revolves: that is, the notion of truth. If we state: “It is true that ADHD is a real disorder”, what exactly do we mean? Do we mean that it is an objective fact of nature? Do we mean that it fits seamlessly with other sets of ideas and explanations? Or do we simply mean that it works as an idea in a practical sense? This paper will examine the relationship between some of the dominant models of truth, and the assertions made by those in the field of ADHD. Specifically, the paper will contrast the claim that ADHD is a real disorder, with the claim that ADHD is a product of social governance. The intention is, first, to place some significant qualifications upon the validity of the truth-claims made by ADHD advocates, and second, to re-emphasise the potential and promise of philosophical investigation in providing productive new ways of thinking about some obstinate and seemingly intractable educational problems.

Insights from ecological psychology and dynamical systems theory can underpin a philosophy of coaching

The aim of this paper is to show how principles of ecological psychology and dynamical systems theory can underpin a philosophy of coaching practice in a nonlinear pedagogy. Nonlinear pedagogy is based on a view of the human movement system as a nonlinear dynamical system. We demonstrate how this perspective of the human movement system can aid understanding of skill acquisition processes and underpin practice for sports coaches. We provide a description of nonlinear pedagogy followed by a consideration of some of the fundamental principles of ecological psychology and dynamical systems theory that underpin it as a coaching philosophy. We illustrate how each principle impacts on nonlinear pedagogical coaching practice, demonstrating how each principle can substantiate a framework for the coaching process.

Realistic yet humanitarian? The comprehensive plan of action and refugee policy in Southeast Asia

The 1989 Comprehensive Plan of Action (CPA) has recently been described as a successful example of how to manage large protracted refugee flows. However, this article revisits the circumstances surrounding the CPA used to resolve the prolonged Indo-Chinese refugee crisis to highlight that part of its development was linked to the fact that Southeast Asian states refused to engage with proposed solutions, which did not include repatriation for the majority of the Indo-Chinese asylum seekers who were deemed to be ‘non-genuine’1 ( UNGA, 1989a) refugees. This resulted in the CPA often forcibly repatriating ‘non-genuine’ refugees, particularly near the end of its program. This article reviews the CPA in order to assess whether its practices and results should be repeated.

The influence of fatalistic beliefs on risky road use behavior in developing countries

There is little discussion of fatalism in the road safety literature, and limited research. However, fatalism is a potential barrier to participation in health-promoting behaviours, particularly among the populations of developing countries and to some extent in developed countries. Many people still believe in divine discretion and magical powers as causes of road crashes in different parts of the world. Fatalistic beliefs and beliefs in mystical powers and superstition appear to influence perceptions of crash risk and consequently lead people to take risks and neglect safety measures. Fatalistic beliefs may cause individuals to be resigned to risks because they cannot do anything to reduce these risks.

iRAP Malaysia training course : decade of action for road safety

The International Road Assessment Program (iRAP) is a not-for-profit organisation that works in partnership with governments and non-government organisations in all parts of the world to make roads safe. The iRAP Malaysia pilot study on 3700km of road identified the potential to prevent 31,800 deaths and serious injuries over the next 20 years from proven engineering improvements. To help ensure the iRAP data and results are available to planners and engineers, iRAP, together with staff from the Centre for Accident Research and Road Safety – Queensland (CARRS-Q) and the Malaysian Institute of Road Safety Research (MIROS), developed a five-day iRAP training course that covers the background, theory and practical application of iRAP protocols, with a special focus on Malaysian case studies. Funding was provided by a competitive grant from the Australia-Malaysia Institute.

Symposium of action learning: introduction

Action learning / research is a broad field of research with deep roots in the 20th century. Unlike futures studies, which is more content oriented (i.e., the futures of health, peace futures, global futures), action learning / research is process and methodology oriented – addressing the manner in which research is done, rather than what is researched. At its core it is collaborative learning for social change. This is particularly important because, in this age of heterogenous changes and multi-fold social challenges, we need to be able to bridge learning about our futures with action and innovation in the present, in a way that is effective and accessible for lay communities and organisations, not just experts. [Introduction]