Public Principles Research Articles

Love and Solipsism: Law and Arbitrary Rule in Classical Drama

What distinguishes the rule of law from the lawless, arbitrary rule of brute force — which can almost interchangeably be described as tyranny or as anarchy — is that in a lawful rule the government’s coercive power operates according to principles of generality, regularity, fairness, rationality and public-orientation, whereas the arbitrary or lawless ruler wields power in the service of his (or their) own self-interest, or by mere ipse dixit. Law is to arbitrariness as reason is to mere will. In this paper, I explore the dichotomy between lawful and arbitrary rule as it has been represented in literature. I examine first the primal foundation of lawful rule, as depicted in Aeschylus’ Oresteia, in which law is generated by domesticating the use of force, through persuasion and willing union. Athena creates lawful order, not by fiat, but by marrying the Furies to “Persuasion”: the ambient coercive powers of the people — morally justified, yet dangerously personal urges for vengeance — will now be rationalized in accordance with public, logical, and articulable principles. By contrast, in Shakespeare’s Richard III, we witness the subversion and near-destruction of lawful order by a man who will tear apart the newly framed lawful order and make the state serve his own private ends. The contrast of these two dramas reveals that the tyrant is essentially a solipsist: his ultimate goal is to make the real world obey his say-so. And if law is like love, the tyrant is like the rapist: the forced surrender of intimacy is the best facsimile of love the solipsist can create; but it can never actually be love, because the two are separated by the same invisible and impenetrable boundary that separates truth from falsehood, or genuine loyalty from the rule of terror.I conclude with a look at the dissenter living in a lawless order, as depicted in two variations on the story of Antigone — the first by Sophocles and the second by Jean Anouilh. In both, the lawless, arbitrary rule is challenged in the name of law, and in each, the ruler nearly succeeds in substituting his private realm of mere words for the public realm of actual things. What emerges from this study is that the basic premise of all lawful order — the root of all secure liberty — is that there is a gap between the will of the ruler and the genuine law. Whenever such a gap exists — whenever it is meaningful to deliberate over whether the ruler’s commands are, in fact, law — the society will, to that extent, become one of lawful order and of (at least some) freedom. The link between tyranny and solipsism is that where the ruler’s will is accounted the law, there can be no genuine law, and thus no freedom. The paradox whereby tyranny is lawless is explained by the fact that tyranny is an attempt to impose by convention what does not originate in nature — and in the end, neither physical nature nor the nature of human relationships can be subjected to such commands. The ultimate demand of the lawless ruler(s) is to substitute his (or their) word for the world — to compel the subject to love him (or them). And because that can never be accomplished, arbitrary rule is doomed to eventual collapse.

Practicing Harm Reduction Psychotherapy. An Alternative Approach to Addictions

Practicing Harm Reduction Psychotherapy. An Alternative Approach to Addictions . Patt Denning and Jeannie Little. 2nd Edition. The Guilford Press, 2012. £30.50. ISBN 978-1-4625-0233-2 ![Graphic][1] This is the second edition of Practicing Harm Reduction Psychotherapy, more than 10 years on from the first edition (2000). The authors state that ‘it is practically a different book’. In addition to citing recent advances in research, they have drawn on a decade's worth of their continued experiences in the field through their work at the Harm Reduction Therapy Centre in San Francisco. The book's fundamental principle is to challenge the idea that abstinence is required for effective psychotherapy. The authors advocate an approach combining the public health principles of harm reduction with psychodynamic and cognitive behavioural models of … [1]: /embed/inline-graphic-1.gif

Kant’s Principle of Publicity: The Intrinsic Relationship between the two Formulations

Kant’s Principle of Publicity: The Intrinsic Relationship between the two Formulations

Afterword: Police, policing, and HIV: new partnerships and paradigms

The important work in this volume tells us some powerful truths. It has long been clear that law enforcement has critical roles to play in protecting the health of the public, and that law enforcement entities have legitimate concerns of public safety, security, and protection. That these roles have led to a broad array of responses to substance use and substance users, which have ranged from harmful to helpful, has also been clear. But in the research and policy pieces brought together here by Nick Crofts and Nicholas Thompson and colleagues, a new paradigm emerges with the potential to have real impacts on key shared goals. Harm reductionists seek to see declines in the health and social consequences of substance use, including reductions in new HIV infections that will be so key to the trajectory of HIV epidemics in much of the world. Law enforcement seeks to see declines in crime, in insecurity, and increases in public safety. Both groups, and all of society more broadly, need to seek declines in unnecessary detention, incarceration, and the destruction of young lives which the use of detention for substance use has wrought. The new paradigm suggests that these goals are not inherently antagonistic—and indeed, are powerfully synergistic. How? By re-envisioning the role of law enforcement as supporting harm reduction, evidence-based substance use treatment, and the protections of human rights for all citizens, the goals of disease prevention and public safety can both be met. Harm reduction is an effective outreach tool for prevention, for public safety, and for accessing those who want, and need, access to drug treatment services. Partnering with law enforcement in new strategic alliances can empower public health authorities, and allow the voices and concerns of substance users to be heard in debates relevant to their lives and needs. And, as Professor Crofts has shown, police to police dialogues can be steps in the process of moving from aggressive resistance to harm reduction, to an embrace of the principles of engagement, health-centered approaches, and pragmatism. What remains to be done? As the reports here demonstrate, the ongoing use of detention, particularly novel forms of administrative detention without trial for substance users in Southeast Asia and in China, have emerged as real threats to the health and wellbeing of people who use substances or who have been detained for their putative use. These facilities continue to expand in too many countries, and continue to profit from the unpaid labor of detainees. This approach to substance use violates public health principles and human rights, but also undermines the role of law enforcement, creating parallel systems under uncertain legal grounds and often outside the scrutiny of courts and legal systems. This is bad public policy, bad public health, and threatens to undermine the impressive advances in policing practice documented here. We can do better. And the evidence now suggests that many states and countries are doing better. The theme of the 19th International AIDS Conference in July of 2012 is “Turning the Tide Together.” The theme attempts to capture the new optimism that an “AIDS Free Generation” is possible with the impressive new tools and policies we now have to fight HIV. But this optimism is tempered by the very real concern that HIV continues to spread in some key populations, including people who inject drugs. Yet this is one population where the evidence is the most abundant that HIV spread can be almost entirely prevented with an affordable package of services, including harm reduction, effective drug treatment, and access to anti-viral therapy for those living with the virus. This is one fight we know how to win. But we cannot win it without the engagement and support of law enforcement as partners in the HIV effort. With the new paradigm presented here this fight can be won, and an AIDS free generation just might be possible. What an achievement that would be for all who are working on these issues, public health, affected communities, and law enforcement. That’s the “together” part of the AIDS 2012 theme, and you have in your hands part of the blueprint for the way forward.

Obesity: A major public health challenge of 21st century in the United Kingdom (UK)

Obesity is one of the greatest public health challenges of modern times, especially in the UK, with its attendant negative health consequences and huge wider cost to the society. This paper aims to shed more light, stimulate debate and further research into the fifth wave of public health as well as emphasizing the strength and pitfall of basic principles of public health in addressing obesity. It examines the problem by drawing evidence from the literature, arguments and empirical observations and then theorizing from these. Though not well understood, evidence suggests that obesity may have stemmed out of fast changing human socio-economic and cultural systems, as conditions associated with modernity (improved technology, consumerism, economism, individualism and breakdown of social capital) appear to be the drivers. Asides this, public health policies and programmes are riddled with loopholes and seems uncoordinated. In conclusion, the basic public health principle for addressing the scourge of obesity seems ineffective because obesity is a disease with poorly understood ecology and mechanisms. Control strategies are inconsistent and not holistic, therefore, it will be reasonable to explore the fifth wave of public health intervention while fortifying the basic public health principle of “understand, control and predict”. Furthermore, there must be concerted effort from every member of the society to embrace control measures, take responsibility to improve their health and government should be more sincere in implementing public health policies aimed at stemming this epidemic. Key words: Obesity epidemic, modernity, UK, fifth wave, modernity, principles of public health.

Adding value to stretched communities through nursing actions: The Wellington South Nursing Initiative

Nurses provide health services to many groups with unmet health needs. Communities with consistently unmet needs are generally ‘stretched’ as they are under pressure. For children and families this pressure impacts their ability to live healthy lifestyles. The Wellington South Nursing Initiative involves two nurses providing an innovative population-based nursing service to stretched urban communities, particularly children and families, predominantly through networking and project work. Projects are specifically focused activities developed and implemented to address areas of health need. The projects cluster around five overarching areas: enhancing individual and community potential, growing safer families and communities, minimising negative harmful or risky behaviour, maximising general health and wellbeing and addressing specific health needs. Critical elements of the nurses’ practice are the use of public health principles combined with a community development approach, relational practice and working for sustainability. The initiative provides important insights into how nurses can enter and work with communities and enhance the potential of children, families and the wider community.

Chemicals Policy in the 2008–2009 President's Cancer Panel Report

The President's Cancer Panel 2008-2009 report, Reducing Environmental Cancer Risk: What We Can Do Now, was a watershed event in the U.S. chemicals policy process. The report, which was released after two years of public meetings and input from a variety of scientists and organizations, concluded that the national cancer program has not adequately addressed "grievous harm" from chemical carcinogens. Consistent with public health principles, it recommended that a prevention-oriented approach to regulating chemicals should replace the current "reactionary" approach. Various responses of cancer organizations and spokespeople in the aftermath of the release of the report are described. The report explicitly supports the type of policy reform contemplated in the Toxic Chemicals Safety Act of 2010, which failed to pass in the 111th Congressional session. In the absence of meaningful action at the federal level, the report will still provide strong support for state and local policy initiatives in coming years.

The rights of the putti: a review of the literature on children as cultural citizens in art museums

Through a review of the scholarly and non-governmental organization (NGO) literature, this paper seeks to contribute to an emergent dialogue on the cultural citizenship of children in art museums. A comprehensive search of the current literature on this topic reveals a paucity of attention and understanding in this area, despite an increasing focus on children's services in art museums. In order to bridge this gap, the United Nations' Convention on the Rights of the Child (CRC) is highlighted as an international vehicle for entrenching the participatory rights of children in cultural life and the Arts from birth. Lundy's model for participation based on ‘space, voice, audience and influence’ is interpreted for an art museum setting. Promoting children's cultural rights shapes museums into more democratic institutions; thereby activating the public art museum's founding principles.

Journalism for democracy

Introduction. Chapter 1. Critiquing journalism: a difficult exercise. 1. The public: hostage to journalists. 2. Journalists: hostages to the public. 3. Two poles, two risks. What next? Chapter 2. The notion of 'public', and what can be expected of it. 1. The premises of the notion of 'public': liberal England in the seventeenth century. 2. Kant and the principle of publicity (Offentlichkeit). 3. French Enlightenment and American Enlightenment. 4. The denunciation of the naiveties of the notion of 'public': the problem of the domination of the 'homogenous' in democracy. Chapter 3. A first ideal-critique: the journalist-flaneur. 1. Varying the gaze. 2. An ambiguous and frustrating ideal. 3. Fruitless exasperation: Karl Kraus as a modern Sisyphus. Chapter 4. A second ideal-critique: the journalist-at-war. 1. The journalism of the young Karl Marx (1842-43). 2. The crisis of 1843: towards a radical critique of public space. 3. Journalism, an ongoing problem: Marx as journalist-at-war. Chapter 5. A third ideal-critique: journalism as a 'conflictual unifying' of the democratic community. 1. Gabriel Tarde and an answer to Gustave Le Bon. 2. The sociologists of Chicago (R. E. Park, H. M. Hughes) faced with the reality of an 'integrating' journalist. 3. The risk of myth. 4. Towards a 'conflictual unifying'. Two journalistic acts. Chapter 6. The limits inherent to the figure of the 'spectator', and what they tell us about democracy. 1. The journalism of decentring as the search for the limits of 'seeing'. 2. The Sartrean critique of the position of the spectator. 3. From the gaze to listening. Jean Hatzfeld on the Rwandan genocide. Epilogue.

Idioma, Sede e Lei Material Estrangeiros na Arbitragem com aAdministração Pública

ABSTRACT: This paper studies the admissibility of arbitration with the Public Administration. The text begins by approaching the arbitrability in Brazil in its subjective and objective aspects. It is argued that the arbitration is admissible when the Public Administration acts in its ius gestionis. The fall of three paradigms are required to reach that conclusion. Firstly, that the unavailability of the public interest is not necessarily opposed to the availability of the proprietary interest. Secondly, that there is no jurisdictional conflict between the rule establishing the exclusive legal jurisdiction and the arbi­tration clause. Thirdly, that there is no incompatibility between confidentiality in arbitration and the principle of publicity. The factual proof of admissibility is explained through a case analysis. Finally, the following discussions are proposed: the use of a foreign language in the procedure, in light of the principle of publicity, the existence of a place of arbitration abroad, in face of the principle of immunity of jurisdiction, and the use of a material law from another country, given the principle of legal cer­tainty and public order. The conclusion that is argued is the admissibility of arbitration with the Public Administration on those contexts.

Determination of a principle of publicity and its normative content.

The article considers the basic approaches to understanding of a principle of publicity. The normative content of a principle of publicity in the conditions of the competitive form of criminal procedure is analyzed. Author's determination of a principle of publicity is made

ДЕЯТЕЛЬНОСТЬ КВАЛИФИКАЦИОННЫХ КОЛЛЕГИЙ СУДЕЙ КАК ОРГАНОВ СУДЕЙСКОГО СООБЩЕСТВА С УЧАСТИЕМ ПРЕДСТАВИТЕЛЕЙ ОБЩЕСТВЕННОСТИ

Article is devoted consideration of such form of participation of citizens of the Russian Federation in judicial authority activity as representation in qualifying boards of judges. The author analyzes legal regulation, dynamics of powers and practical activities of the given bodies of judicial community from a position of maintenance of the constitutional principle of publicity and public participation.

Treating alcohol-related problems within the Irish healthcare system, 1986–2007: An embedded disease model of treatment?

This article assesses the implementation of the policy on the treatment of alcohol problems in Ireland during the period 1986–2007. At the commencement of this period, a major policy statement in relation to the treatment of alcohol within the mental health care system presaged radical change – in effect it proposed a shift from the then dominant disease model of alcoholism to one that was focused on public health principles. Towards the end of the period, a further statement made the rather sanguine claim that many of the intended changes had taken place. This article adopts a more critical approach. Using epidemiological data from annual reports on the activities of mental health centres and also drawing from a recently conducted action-research project that focused on addiction treatment within a regional health authority, the article highlights that change has been slow and that some of the main tenets of the disease model remain in place.

Hegemony: Quiet Control Over Convergence Textbook Content

Convergence journalism is a growing trend in American media. Since convergence journalism is relatively new, teaching practices are evolving. Applying Habermas's Theory of the Public Sphere and Deetz's Theory of Corporate Colonization of the Lifeworld to the teaching of media convergence, we posit that corporate colonization of American society subtly shapes textbook content and subsequently shapes textbook material presented to students. This critical-cultural rhetorical analysis examines the implications of convergence journalism textbook content, and thus eventual convergence journalism practices, on the public sphere and American democracy. Ultimately, this critical analysis gives insight for selecting convergence journalism textbooks that help preserve the public sphere principles of journalistic practice.

Análise sequencial de políticas públicas nas abordagens da ciência política e da gestão (Management)

Dois principais modelos ou esquemas de análise se destacam na análise das políticas públicas: o modelo sequencial e sistêmico e o modelo estratégico. Este trabalho tem por objetivo compreender o modelo de análise sequencial a partir de duas principais abordagens identificadas na literatura francesa: a da ciência política, chamada políticas públicas, e a do management, ou gestão pública. Inicialmente, buscou-se estabelecer as origens e a caracterização dessas abordagens na França, seguida da utilização comparativa das principais categorias analíticas que guiaram a análise: problemáticas, processos e métodos. Os resultados mostraram que as duas abordagens apresentam diferenças e semelhanças, além de interdependências e interações. Uma diferença fundamental refere-se ao caráter normativo e prescritivo da abordagem do management, centrado nas "boas práticas", aspecto contestado pela abordagem da ciência política, cujos principais expoentes são acadêmicos preocupados principalmente com o conhecimento da ação pública, e não com a sua intervenção. A conclusão mostra que preceitos do new public management se impuseram às "ações públicas" contemporâneas, conduzindo à interação crescente entre as abordagens.

Implementing the Public Participation Principle into Water Management in the Czech Republic: A Critical Analysis

Slavíková L. and Jílková J. Implementing the public participation principle into water management in the Czech Republic: a critical analysis, Regional Studies. The public participation principle is currently an accented element of European Union environmental policy. It is believed that by involving local stakeholders into decision-making, environmental resources will be managed more successfully. The Water Framework Directive introduces the public participation principle into the water management of all Member States. The purpose of this paper is to evaluate the implementation of this principle in the Czech Republic as a new Member State and also as a post-Socialist country with no previous experience of such a practice in water policy. The evaluation is based mainly on qualitative criteria proposed by former studies. Slavíková L. et Jílková J. La mise en oeuvre du principe de la participation du public dans la gestion de l'eau en République tchèque: une analyse critique, Regional Studies. A l'heure actuelle, le principe de la participation du public représente un aspect important de la politique de l'environnement de l'Union européenne. On estime que, par moyen de la participation locale dans la prise de décision, on valorisera la gestion des ressources environnementales. La Water Framework Directive (la directive-cadre sur l'eau) ancre le principe de la participation du public dans la gestion de l'eau dans tous les pays membres. Cet article cherche à évaluer la mise en oeuvre de ce principe en République tchèque en tant que nouveau pays membre et comme un pays post-socialiste sans aucune expérience préalable d'une telle pratique dans la politique de l'eau. L’évaluation est basée dans une large mesure sur des critères qualitatifs présentés dans des études antérieures. Participation du public Gestion de l'eau Directive-cadre sur l'eau République tchèque Slavíková L. und Jílková J. Umsetzung des Prinzips der öffentlichen Beteiligung bei der Wasserbewirtschaftung in der Tschechischen Republik: eine kritische Analyse, Regional Studies. Das Prinzip der öffentlichen Beteiligung wird zurzeit als Element in der Umweltpolitik der Europäischen Union betont. Durch eine Beteiligung der vor Ort betroffenen Interessensgruppen am Entscheidungsprozess sollen die Umweltressourcen erfolgreicher verwaltet werden. In der Wasserrahmenrichtlinie wird das Prinzip der öffentlichen Beteiligung in die Wasserbewirtschaftung sämtlicher Mitgliedsstaaten eingeführt. In diesem Beitrag untersuchen wir die Umsetzung dieses Prinzips in der Tschechischen Republik als neuem Mitgliedsstaat und außerdem als postsozialistischem Land ohne Erfahrung mit einer solchen Praxis bei der Wasserpolitik. Die Bewertung gründet überwiegend auf qualitativen Kriterien, die in früheren Studien vorgeschlagen wurden. Öffentliche Beteiligung Wasserbewirtschaftung Wasserrahmenrichtlinie Tschechische Republik Slavíková L. y Jílková J. Aplicación del principio de participación pública en la gestión del agua en la República Checa: un análisis crítico, Regional Studies. El principio de participación pública es actualmente un elemento destacado de la política medioambiental de la Unión Europea. Se considera que mediante la participación de los grupos de interés locales en la toma de decisiones, los recursos medioambientales se gestionarán con más éxito. La directiva marco del agua introduce el principio de participación pública en la gestión del agua de todos los Estados Miembros. La finalidad de este artículo es evaluar la aplicación de este principio en la República Checa como un nuevo Estado Miembro y también como un país postsocialista sin experiencia previa en las prácticas de política de aguas. La evaluación se basa principalmente en criterios cualitativos propuestos por estudios anteriores. Participación pública Gestión del agua Directiva marco del agua República Checa

Solution focused nursing: A fitting model for mental health nurses working in a public health paradigm

The Australian Federal Government health agenda is advocating an extension of public health principles across all levels of the health sector. Since mental health nurses have long been proponents of public health and health promoting behaviours, an opportunity exists for this specialty of nursing to extend their influence and contribution within health. Solution focused nursing (SFN), a model that emerged from mental health practice, offers a framework to assist mental health nurses and leaders to more clearly practise public health principles within nursing and articulate that practice – for it is in the articulation of practice that nurses and nursing is made visible and valued. This paper aims to expand on and reiterate the SFN model, showing how it connects to public health principles and develops the mental health nurse’s role – particularly in those clinical areas that require more than medical management and illness stabilization.

Conflict Handling Preferences: A Public-Private Comparison

In recent years the traditional boundaries between the public and private sectors have become increasingly blurred as public organizations have adopted business-oriented management policies and practices. Yet, there is evidence to suggest that public sector employment continues to attract individuals with different values and expectations than those who choose a career with a profit-making firm. In this study, the Rahim Organizational Conflict Inventory (ROCI-II) was administered to a total of 107 Hong Kong Chinese accountants from the Treasury Department and a large private accounting firm, to test whether the same interpersonal conflict-handling strategies would be used in conflict situations with a superior. The data indicated that public and private sector employees are similar in their overall approach to conflict resolution. However public employees favored more strongly the integrating, problem-solving approach, which requires information exchange, looking for alternatives and reaching a solution acceptable to all. These findings are interpreted in relation to the Hong Kong public sector's well-established principles of procedural due process and formal dispute-resolution mechanisms. The study indicates that the public-private distinction continues to exist and it is not appropriate to apply universally private sector strategies to personnel management in public organizations.

A Comparative Guide to the Western States' Public Trust Doctrine: Public Values, Private Rights, and the Evolution Toward an Environmental Public Trust

This companion Article to the fall 2007 A Comparative Guide to the Eastern Public Trust Doctrines explores the state public trust doctrines— emphasis on the plural—in the nineteen western states. In so doing, this Article seeks to make the larger point that, while the broad contours of the public trust doctrine have a federal law basis, especially regarding state ownership of the beds and banks of navigable waters, the details of how public trust principles actually apply vary considerably from state to state. Public trust law, in other words, is very much a species of state common law. Moreover, as with other forms of common law, states have evolved their public trust doctrines in light of the particular histories and the perceived needs and problems of each state. This Article observes that, in the West, four factors have been most important in the evolution of state public trust doctrines: (1) the severing of water rights from real property ownership and the riparian rights doctrine; (2) subsequent state declarations of public ownership of fresh water; (3) clear and explicit perceptions of the scarcity of water and the importance of submerged lands and environmental amenities; and (4) a willingness to consider water and other environmental issues to be of constitutional importance and/or to incorporate broad public trust mandates into statutes. From these factors, two important trends in western states’ public trust doctrines have emerged: (1) the extension of public rights based on states’ ownership of the water itself; and (2) an increasing, and still cutting-edge, expansion of public trust concepts into ecological public trust doctrines that are increasingly protecting species, ecosystems, and the public values that they provide.

Knowledge Strategy to Incorporate Public Health Principles in Engineering Education and Practice

There is evidence that engineering products, processes, systems, and infrastructures are causing human illness in industrialized societies. A possible cause is the technical focus of engineering education and practice and their lack of emphasis on human health considerations in design and decision making. In this paper, the knowledge strategy of Vanderburg is proposed as the pedagogical basis for training undergraduate engineers in identifying and understanding human health problems to preventively address these problems in design and decision making. The knowledge strategy motivates changes to the traditional engineering curriculum to broaden the vantage point of engineering design and decision making, and to integrate principles from public health fields into design and decision making to prevent human illness. The import of public health principles from relevant life science and social science fields for inclusion in engineering education is discussed. The paper is concluded by discussing what public h...