bluuebunny/crossref_metadata_2025 huggingface dataset:
Calm Like a Bomb: An Assessment of the Partial Defence of Provocation
Authors: Renke Wayne N.
Published: January 2019

The partial defence of provocation has been used by the common law courts for some 400 years. Recently, it has been attacked for promoting male heterosexual violence and for its presupposition that ordinary people fly into homicidal rages. The author examines the provocation doctrine and argues that while some changes can be made to the drafting and deployment of the defence, provocation serves a legitimate purpose in accounting for the complexity of being human. The author supports this position by reviewing the application of the doctrine, addressing common criticisms of the defence, and suggesting improvements to the application of provocation that will prevent it from being used to devalue and degrade murder victims.
The Impact of Limitation Periods on Actionability in Negligence
Authors: McLaren John P. S.
Published: January 2019

The statutes dealing with limitations of actions with respect to negligence raise several problems - the commencement of the running of time, the problem of belated discovery, and the problem of whether the plaintiff is entitled to amend his action to include claims for others types of loss where the application for amendment is out of time. The author analyses how the courts have dealt with these problems and concludes that the statutes, as they presently exist, overly protect the defendant. He suggests that legislative change is necessary to give more consideration to the plaintiff in order to do optimum justice to all concerned.
Reflections on the Canadian Bill of Rights
Authors: Brett Peter
Published: January 2019

The proposal of an entrenched Bill of Rights in Canada has been the subject of a great deal of interest. In this article Professor Brett concludes that the present Bill of Rights has been ineffectual. He further disagrees with the concept of entrenchment because it could not catalogue all rights nor ensure that encroachment of basic liberties would not take place. His solution would leave the matter in the political rather than the legal arena, subject to the wilt of a liberty-conscious electorate.
Recent Regulatory and Legislative Developments of Interest to Oil and Gas Lawyers
Authors: McCachen Michael W. , McGlone Karen , Hales Carol , Olthafer Lars , Crowther Douglas
Published: January 2019

This article identifies recent regulatory and legislative developments of interest to oil and gas lawyers. The authors survey a variety of subject areas, examining key decisions of courts, the National Energy Board, the Alberta Resources Conservation Board, the Alberta Surface Rights Board, and the Alberta Utilities Commission. In addition, the authors review a variety of key policy and legislative changes from the federal and provincial levels.
Three Famous Legal Hoaxes
Authors: Goodhart Arthur L.
Published: January 2019

Mark Lane and Epstein have attracted considerable public support in their attacks on the Warren Commission. In this article Professor Goodhart refutes their evidence and compares them with similar hoaxes of the past.
Title by Limitation in a Registered Conveyancing System
Authors: Williams Jeremy S.
Published: January 2019

The law of Alberta differs from that of the other Canadian Provinces in that it enables squatters to gain a title to land. This seems to be in-compatible with the purpose of the Torrens System.
The Ombudsman Comes to Alberta
Authors: Sawer Geoffrey
Published: January 2019

Once a state accepts the concept of an ombudsman the question arises: What are the appropriate statutory provisions for empowering and regulating such an office? Professor Sawer answers this question by comparing the Alberta and New Zealand statutes. He also suggests that Alberta Lawyers rearrange the Ombudsman's case reports under legal headings and then use them as precedents in future complaints to the Ombudsman.
Drug Dependence: An Analysis
Authors: Dewhurst W. G.
Published: January 2019

Dr. Dewhurst favours the establishment of scientific biological criteria to assess the effect of drugs on man and on society and to aid in the re form of contemporary drug legislation. He contends that current tripartite legislation develops three approaches to problem which the medical profession views as singular. Thus the legislation leads to legal and social paradox. The author proceeds to view the extent of the modern drug pro blem through available data and suggests that the recent upsurge in drug use is largely attributable to the effective marketing procedures of illicit drug manufacturers. These marketing techniques cater to the human long ing for euphoria, and the desire to repeat the euphoria, artificially produced by drugs, may lead to increased use and produce delirium which seriously reduces the users social productivity and life-expectancy. The author con cludes that bans placed on drugs have been largely ineffective in control ling distribution and use. The result is situation, produced by general human needs and illicit marketing procedures, over which society has no control The solution proposed is to regain control by allowing certain drugs to be cheaply distributed under the control of the medical profession and to legalize other drugs through the passage of legislation similar to provincial liquor legislation.
Misleading Advertising: Its Control
Authors: Swan Judith Wayne Lee
Published: January 2019

The central role that advertising plays in today's economy makes the con trol of misleading advertising central to any consumer protection scheme. Misleading advertising is controlled both through legal measures and extralegal organizations such as the Canadian Advertising Advisory Board. The writer of this article details existing legislation in this area, dealing particu larly with sections 33C and 33D of the Combines Investigation Act, and con siders the extent to which these laws, together with the extra-legal organiza tions, can successfully suppress false and misleading advertising.
Occupier's Liability: Alberta Proposes Reform
Authors: Alexander E. R.
Published: January 2019

In view of proposed reform of the law of occupiers' liability in Alberta, the common law approach to this area of law is examined by way of introduction. Professor Alexander adumbrates the categories of visitors and the duty of care owed to each, within the framework of the modern tort tendency to generalize. An examination in some detail is also made of the judicial techniques used in recent years to evolve the law of occupier's liability. As reform results from criticism, an examination of the criticisms of the present law, specifically judicial interpretation of the categories, as well as the categories themselves, their origin, com pass and applicability to vwdern society, are undertaken. Based on the criticisms, law reform has occurred. From the point of view of evaluating whether the reform has answered the criticisms of the common Iaio approach, the author attempts to examine the actual and proposed re form of England, Scotland, New Zealand, New South Wales, and Alberta. Particular detail is addressed to the Alberta proposals regarding com mon duty of care, the trespasser, the child trespasser and the ability to exclude liability. Concluding that convincing argument can be ad vanced for judicial reform in the area of private law, and that stare decisis does not have justification in the law of tort, Professor Alexander proposes that, while reform can be valuable as method of evolution, judicial history evidences that the Courts are able to adapt the law to meet changing social needs. The author concludes also that the common law today is preferable to the proposed Alberta reform.
Unpredictable and Uncertain: Criminal Law in the Canadian North West before 1886
Authors: Brown Desmond H.
Published: January 2019

The development of the Canadian west and the transition from trading territory to settled territory produced number ofjurisdictional and administrative problems. Focusing his attention on the subject of criminal law the author traces the process whereby welter of jurisdictions had, by 1876, become "a coherent body of criminal law".
Fighting for Political Freedom: Comparative Studies of the Legal Complex and Political Liberalism by Terence C. Halliday, Lucien Karpik, and Malcolm M. Feeley, eds.
Authors: Russo Robert
Published: January 2019

Most mainstream media coverage of lawyers tends to focus on individual court rulings or
spectacular cases of individual character deficiencies within the legal profession.
Consequently, society in general has formed a world view that tends to overlook the role of
legal actors in struggling for basic rights in all except the most exceptional cases. Fighting
For Political Freedom: Comparative Studies of the Legal Complex and Political Liberalism thus fills an essential gap in providing a view into worlds where “ordinary” members of the
legal complex regularly play pivotal roles in advancing the causes of liberal society. The
book frames its arguments by defining a “legal complex” whose core is composed of lawyers
and judges, but extends far beyond this to include all legally trained personnel in a society,
including civil servants and prosecutors involved in administering justice. The most
impressive contribution made by this book is the universality of the theory of the legal
complex’s relationship to political liberalism, and the application of the theory through a
collection of case studies spanning four continents. The 16 case studies in the book provide
a particularly useful reference guide for academics and human rights activists in the struggle
to establish or protect basic human rights in a wide variety of countries.
Editors' Note
Authors: Co-Editors-in-Chief ALR
Published: January 2019

The Alberta Law Review is honoured to publish the Proceedings of the Law Society of Alberta's 100th Anniversary Conference.
A Team Production Theory of Canadian Corporate Law
Authors: Ben-Ishai Stephanie
Published: January 2019

The article applies the Team Production Theorydeveloped by American corporate law scholars, Margaret Blair and Lynn Stout, to argue that Canadian corporate law's understanding of public corporations that are not controlled by a single shareholder or group of shareholders reflects a director primacy norm rather than a shareholder primacy norm. Canadian corporate law provides that directors of such public corporations with widely-held share ownership and voting rights are free from direct control by any corporate stakeholders. A potential departing point for Canadian corporate law. the oppression remedy, continues to develop to deal with extra-legal advantages rooted primarily in unequal power relations among corporate stakeholders.  However, in its current and predicted future applications, the oppression remedy does not provide any given stakeholder group with an ability to dominate the boards of public corporations and obviate the director primacy norm. The article suggests that because the director primacy norm accurately describes Canadian corporate law, further consideration needs to be given to corporate law's relative relevance in dictating how Canadian corporations currently operate.
The Legal Framework for Acquiring Water Entitlements from Existing Users
Authors: Bankes Nigel
Published: January 2019

This article provides a detailed analysis of the legal framework under Alberta's Water Act and IrrigationDistricts Act, pursuant to which a person may acquire an entitlement to water from an existing user. The first part of the article covers both the agreement to assign water as well as the licence transfer procedure introduced in the new Water Act. The second part of the article deals with the creation of derivative rights to water by irrigation districts including rural water licence use agreements and water conveyance agreements. The article also examines the temporary and permanent assignments of rights to irrigable acreage within irrigation districts.
The Current State of the Law in Canada on Crown Obligations to Consult and Accommodate Aboriginal Interests in Resource Development
Authors: Treacy Heather L. , Campbell Tara L. , Dickson Jamie D.
Published: January 2019

The Supreme Court of Canada has clarified that the duly to consult with Aboriginal groups and. where indicated, to accommodate their interests lies with theCrown alone. In the context ofproject development, the duty to consult and accommodate may be satisfied by the Crown providing opportunities for meaningful involvement in regulatory and environmental assessment processes and addressing Aboriginal concerns. This includes engaging directly with the Aboriginal group, soliciting and listening carefully to concerns, and attempting to minimize the impact on Aboriginal rights. In recent decisions, the courts have repeatedly focused on the honour of the Crown and, in designing remedies, have emphasized the need to balance Aboriginal interests with those of the broader society. Where the duty to consult has not been satisfied, the courts have more frequently ordered ongoing consultation and have less frequently quashed permits and approvals. Prudent project proponents will continue to engage potentially affected Aboriginal groups in a meaningful way. attempt to identify Aboriginal concerns, discuss with Aboriginal groups potential strategies to minimize or avoid infringements of Aboriginal rights, and communicate accurately these efforts to government decision-makers.
A Revisionist History of Tort Law: From Holmesian Realism to Neoclassical Rationalism, alan Calnan (Durham, n.C: Carolina Academic Press, 2005)
Authors: Brown Russell
Published: January 2019

No Abstract
Showing Remorse: Law and the Social Control of Emotion , Richard Weisman (Burlington, VA: Ashgate, 2014)
Authors: Renaud Gilles
Published: January 2019

No Abstract
The Rise and Fall of Plaintiff-Friendly Causation
Authors: Black Vaughan
Published: January 2019

Starting about a generation ago, Canadian courts altered the rules governing causation to make them more plaintiff-friendly. However, these changes came to be regarded as misguided. In the 2012 decision Clements v. Clements, the Supreme Court of Canada modified the doctrine, reversing the plaintiff-friendly trend that had defined the law of causation for decades. This article will explore how Clements effectively curtailed the test of causation. It will do so in part by examining the impact it has had on the lower courts in subsequent years.
Tate & Lyle : Pure Economic Loss and the Modern Tort of Public Nuisance
Authors: Neyers J. W. , Botterell Andrew
Published: January 2019

Professor Lewis Klar criticizes the Canadian approach to the tort of public nuisance forbeing illogical and incoherent. The authors agree with Klar’s assessment of the current stateof public nuisance law, but argue that insights drawn from the House of Lords decision inTate & Lyle Industries Ltd. v. Greater London Council offer a way forward. Byconceptualizing the tort of public nuisance as a cause of action that protects subjects fromsuffering actual loss that is consequential on the violation of their passage and fishing rightsover public property, Tate & Lyle offers a coherent and restrained formulation of the tortof public nuisance. This article examines the Tate & Lyle approach to public nuisance andapplies it to two infamous Canadian public nuisance cases. It concludes that the coherent,logical approach to public nuisance articulated by the House of Lords in Tate & Lyle shouldbe readopted by Canadian courts.
Privacy: A Review and Critique of the Literature
Authors: Bruyer Richard
Published: January 2019

It seems trite to say privacy is valuable. The Supreme Court of Canada has emphasized that privacy is worthy of constitutional protection. Scholars tend to agree that privacy is a fundamental moral and political concept. The consensus appears to end, however, when privacy in theory approaches privacy in practice. As a broad and evanescent concept, opinions differ as to what interests or values the protection of privacy is designed to achieve. The prevailing conceptions of privacy — six of which have been identified — fall prey to substantive criticisms from which, the author contends, they cannot recover. First, they suffer from intuitionism. That is, they offer an intuitive approach of what makes things "private" and incorrectly assume that we all approach privacy with a common understanding of the concept, or concepts, that the term "privacy" expresses. Further, the standing conceptions of privacy depend upon and serve the concept of privacy as liberty which itself is flawed. "Liberty" is seen as a form of licence, protecting — in its most crude form—an individual's right to do as he or she pleases. So viewed, it is not particularly surprising to see privacy attacked when competing "liberty" issues are at stake. Given the substantial criticisms with the prevailing conceptions of privacy, it may be worthwhile to reconsider the present paradigm against which privacy is conceived. It may be that privacy is better conceived of as an equality issue, not a liberty issue. The focus should shift away from conceptualizing privacy as a prerequisite for preventing invasions of various liberty interests to one of "maintaining conditions " that will make the exercise of those liberty interests possible. By limiting the ambit of privacy, we may indeed strengthen it.
The Substance of Procedure: Non-Party Disclosure in the Canadian and U.S. Online Music Sharing Litigation
Authors: Bailey Jane
Published: January 2019

The music recording industry is suing Internet subscribers in Canada and the United States for alleged copyright infringement in unprecedented numbers. The procedure for obtaining non-party disclosure has taken on renewed significance in this context, as the industry requests disclosure of identifying and private information from Internet Service Providers (ISPs) who provide online communicators with their Internet connections. Legislative measures adopted in the U.S. expedited the disclosure process through an administrative mechanism with low threshold requirements for issuance of a subpoena against an ISP. In Canada (and after late 2004 in the U.S.), disclosure requests proceeded under federal rules of court. Comparison of the expedited administrative and the judicially interpreted rules-based processes raises important questions about the connection between procedure and substance, and procedural justice more generally. Not only are more permissive rules for disclosure often inconsistent with protecting substantive rights, such as privacy, bin they also cannot be presumed to enhance the likelihood of achieving accurate substantive legal outcomes. If non-party disclosure rules are not contextually designed and implemented to reflect the power and resource imbalance between the plaintiff music industry and the individual defendants pursued in online music sharing litigation, the public and private interest in substantive adjudication of critical questions relating to copyright law may be foreclosed for reasons wholly unrelated to substantive legal merits.
Life after Jarvis—Just How Much Help Must You "Voluntarily" Give the Canada Revenue Agency?
Authors: Sprysak Chris
Published: January 2019

Society recognizes that privacy rights must be compromised to allow the State to administer and enforce an efficient and effective income tax regime. The question is — just how great should that compromise be? How much financial information should the State be allowed to require from its constituents to prepare, maintain and disclose on a "voluntary" basis for income tax purposes? Most importantly, for what purposes should this information obtained by the State be legitimately used, given the Charter and the criminal law privacy protections contained therein? In particular, can the Slate use its mandatory compliance powers to obtain information which would then be used to further a criminal investigation? Where is the line drawn? Although the 2002 Supreme Court of Canada decision in Jarvis provides some clarification and guidance, it does not go far enough in setting out the proper balance between a person s right to privacy and the State's need for disclosure in the income tax context. The purposes of this article are: (a) to provide a brief overview of a person's obligations to voluntarily provide both information and assistance to the State as part of the operation of the income tax regime, (b) to critically analyze the Jarvis decision in conjunction with previous jurisprudence to gain insight as to when the State will lose the ability to compel a person to assist it in its administration and enforcement duties, (c) to examine some post-Jarvis decisions to see how the State and the courts have responded to and applied the principles as set out in Jarvis, and (d) to provide some suggestions on how taxpayers, advisors and the Canada Revenue Agency might approach matters of this nature in the future.
The Constitutionality of the New Sex Work Law
Authors: Stewart Hamish
Published: January 2019

In this article, the author considers the constitutionality of Canada’s new law on prostitution: Bill C-36. When the new sex work law was first introduced into Parliament, a number of advocacy groups and commentators argued that it was unconstitutional because of its failure to respond to the concerns raised in Bedford v. Canada, a case where the Supreme Court of Canada struck down the old sex work law on the ground that its negative impact on sex workers’ security of the person outweighed its nuisance abatement objective. This author agrees that Bill C-36 may be unconstitutional, but for a different reason. The new sex work law adheres to the constitutional norms invoked in Bedford by making use of two novel policy objectives: discouraging sex work and reducing the danger of sex work to sex workers. In practice, however, these objectives are likely to conflict with one another. As a result, Bill C-36 is an incoherent piece of legislation that may be unconstitutional for creating arbitrary and grossly disproportionate effects on the security of the person of sex workers.
Calculating the Incalculable: Principles for Compensating Impacts to Aboriginal Title
Authors: Adkins Sam , Gray Bryn , Macnab Kimberly , Nettleton Gordon
Published: January 2019

There continues to be significant uncertainty over the scope of Aboriginal rights in Canada, which results in significant uncertainty for infrastructure development in the energy sector. Developing a framework for determining fair and reasonable compensation for potential impacts to Aboriginal title is therefore a pressing need for governments as well as proponents. This article explores options on how to ensure greater certainty in the process of determining appropriate compensation for impacts to Aboriginal title. It conducts an analysis of the nature of Aboriginal title, the present compensation methodology for all land types, and the Australian experience with these matters. The article is intended to consider compensation for impacts to Aboriginal title, although it is recognized that impacts to Aboriginal title are not the sole challenges arising from energy infrastructure development in Canada. Also, the proposed framework does not suggest that all infringements to Aboriginal title can be justified with appropriate compensation and there may be situations where no level of payment can compensate for the impact to the community’s way of life. The article concludes there are at least three potential approaches to determine appropriate compensation for impacts to Aboriginal title, and regardless of the method chosen all will require extensive reform from the present approach.
A Constitutional Future for Abortion Rights in Canada
Authors: Erdman Joanna N
Published: January 2019

In 2015, Abortion Access Now PEI legally challenged the restrictive abortion policy of Prince Edward Island. This article studies their challenge as a unique case in the building of a constitutional future for abortion rights in Canada. The article tracks how AAN PEI drew on classic rule of law arguments of transparency, accountability, and constitutional justice to shape and claim abortion rights as democratic rights, an entitlement to fully and equally participate in and benefit from the health care system as a fundamental social institution of the state.
Freezing as Freedom? A Regulatory Approach to Elective Egg Freezing and Women's Reproductive Autonomy
Authors: Gruben Vanessa
Published: January 2019

This article reviews concerns relating to the safety and efficacy surrounding the medical practice and social impacts of the increasingly popular practice of elective egg freezing. It argues that current regulation is inadequate to ensure this technology promotes women’s autonomy and to ensure women are receiving safe and high quality reproductive health care. It concludes by identifying three priority areas where specific regulation is required: information collection and disclosure, informed consent and fertility education, and assessment and counselling.
Phenomenology of Practice
Authors: Manen Max van
Published: January 2019

Phenomenology of practice is formative of sensitive practice, issuing from the pathic power of phenomenological reflections. Pathic knowing inheres in the sense and sensuality of our practical actions, in encounters with others and in the ways that our bodies are responsive to the things of our world and to the situations and relations in which we find ourselves. Phenomenology of practice is an ethical corrective of the technological and calculative modalities of contemporary life. It finds its source and impetus in practical phenomenologies of reading and writing that open up possibilities for creating formative relations between being and acting, self and other, interiorities and exteriorities, between who we are and how we act.
In Memoriam: The Experience of Eulogizing a Loved One
Authors: Sopcak Paul
Published: January 2019

Whether the "call" to write a eulogy comes when we learn of our loved one's death or shortly after, it comes when we may not yet be able to mourn--let alone make a declaration. The death of a loved one may alienate us from the world and from the sense of self that rests on our daily living in the world and with others. It may "individualize us down to ourselves" by throwing us into a world utterly devoid of meaning and anchors. Paradoxically, from this "nothing," a call may usher forth demanding us to take a stand on our loved one's death and ultimately on our being here. Trying to avoid hearing this call when threatened by the nothingness and world-collapse that a loved one's death brings may be the most natural response. But what happens when we are asked to write a eulogy? Can we ignore the call or is it itself inextricably intertwined with our mourning and precisely that which begs to be expressed? This paper describes the experience of eulogizing a loved one as an encounter with the mortality of words, as listening to silence, and as addressing the deceased--without bathos or pathos.
The Experimental Flesh: Incarnation in Terms of Quantum Measurement and Phenomenological Perception
Authors: Johncock Will
Published: January 2019

What is the relation of the human to the world and the things in it? Do the various forms of human interrogation of the world discover things, and with them, a world? That is, can we reduce Being to a separation of knower from what can be known, or of observer from what can be observed? This article interrogates the question of the human-world relation via an inter-disciplinary analysis. The “flesh of the world” phenomenology of Maurice Merleau-Ponty problematises the assumption that there is an inherent distinction between subject and object, by instead identifying the incarnation of both in the embodied act of perception. Merleau-Ponty’s philosophy of a reality-as-flesh will be employed alongside, and inside, physicist Niels Bohr’s demand that the constituent elements of physical reality emerge via the concurrent incarnation of the measurer and the measured during experimental procedures. Bohrian quantum physics is shown (in a manner which does not require the reader to be experienced in quantum theories) to evoke the co-manifestation of subject and object for which Merleau-Ponty argues. In blurring notions of observer and observed, an ontologically productive, rather than epistemologically interrogative, operation is identified. This is used to investigate the human-world relation, and to argue against the notion that this relation, as a condition for there being phenomena, separates knower from what can be known, or observer from what can be observed.
From Where does Trust come and Why is “From Where” Significant?
Authors: Saevi Tone , Eikeland Tone B.
Published: January 2019

Starting with a decisive scene in Victor Hugo’s novel Les Miserables, the paper searches for a place for trust to reside in the interludes between the situations where it appears in our relations and generously attaches us to each other.
Education and its borderlines. An essay about the nature of education
Authors: Sæverot Herner , Torgersen Glenn-Egil
Published: January 2019

This essay initiates a fundamental discussion about education’s nature and character, and raises the questions: Is education reliant on other disciplines as, for example, psychology, sociology and philosophy? Or may education be thought of independently, without being reliant on other disciplines? These questions are discussed in the light of Theodor Litt’s educational reading of Hegel’s understanding of dialectics, as it appears in the book Phenomenology of Spirit, in order to support that education has a relational and dialectic nature. In the second part, we connect the concept of ‘Hegelian dialectic structure’ with scientific theory. More specifically, we introduce a theoretically oriented concept, based on semantic theory construction; namely, ‘relational parameter bundles’. This concept clarifies the difference between education and other ‘scientific,’ often more empirically based disciplines, such as psychology, on which education, or rather, educational researchers, traditionally rely. Through our theoretical approach we aim to uncover fundamental differences within different disciplines’ scientific thinking, and their use of theories and models, which then manifest themselves in the discipline’s scientific assessments and practical actions. An uncritical integration of other disciplines in education may destroy the ‘true’ nature of education, and thus pose a danger to education’s character, problem areas and ways of conducting research. That does not mean that education shall be isolated from other disciplines, it is rather a question of when perspectives from other disciplines should be included in educational matters. Not before the educational questions are raised and worked through will it be appropriate to obtain knowledge from other disciplines, if, that is, it is deemed necessary based on educational judgment.
Why Mollenhauer matters. A response to Klaus Mollenhauer’s book Forgotten Connections: On Culture and Upbringing. Translated into English, edited and with an introduction by Norm Friesen
Authors: Saevi Tone
Published: January 2019

No abstract available. Please see PDF.
“Being Online” Special Issue - Editors’ Introduction
Authors: Friesen Norm , Irwin Stacey O
Published: January 2019

Access PDF for full article.
What’s in a Name? The Experience of the Other in Online Classrooms
Authors: Adams Cathy
Published: January 2019

Educational research has explored the potentials and problems inherent in student anonymity and pseudonymity in virtual learning environments. But few studies have attended to onymity, that is, the use of ones own and others given names in online courses. In part, this lack of attention is due to the taken-for-granted nature of using our names in everyday, “face-to-face” classrooms as well as in online learning situations. This research explores the experiential significance of student names in online classrooms. Specifically, the paper reports on one relational thematic that surfaced in a phenomenological study investigating experiences of teaching and learning online.
Riding in the Skin of the Movement: An Agogic Practice
Authors: Smith Stephen J
Published: January 2019

The art of riding imagines the human-horse relation in the image of the centaur. In synchronous motions, riding is a dance of sorts, contact of bodies in the skin of the moment. Yet always there is the possibility of fussing, flailing, falling and failing in moments of resistance, evasion and contrariness. Through phenomenological reflection on such moments, riding can be understood not simply in terms of its difficulties of centaurian mastery, but in terms of the postural, positional, gestural, expressive nuances of interspecies communication. It is on the off beats, and within the syncopations and momentary stresses of riding, that resistance can be addressed through quiet insistence, evasions overcome through persuasion, and contrariness can be felt otherwise. Through contemplation of such moments, we find the reminders of a sensual and essential intercorporeality and the configuration of an agogic practice.
Thresholds and Power
Authors: Saevi Tone
Published: January 2019

See article content.
In Praise of Phenomenology
Authors: Sheets-Johnstone Maxine
Published: January 2019

A critical assessment of Merleau-Ponty’s conception of phenomenology highlights singular differences between Husserl’s phenomenological methodology and existential analysis, between epistemology and ontology, and between essential and individualistic perspectives. When we duly follow the rigorous phenomenological methodology described by Husserl, we are confronted with the challenge of making the familiar strange and with the challenge of languaging experience. In making the familiar strange, we do not immediately have words to describe what is present, but must let the experience of the strange resonate for some time, and even then, must return to it many times over to pinpoint its aspects, character, or quality in descriptively exacting ways.  Moreover as Husserl points out, language can seduce us into thinking we know when we do not know. The methodology thus highlights the import of being true to the truths of experience, and in doing so, authenticates the basic value of a phenomenological methodology to the human sciences.
The Spoon
Authors: Neely Kacey
Published: January 2019

A spoon is an ordinary and easily recognizable thing. As a utensil for eating and feeding, a tool for cooking and serving, or perhaps a collection of memories, this article reflects on a spoons’ place in our lives. The shape of a spoon and other significances are considered.
Mirror, Mirror
Authors: Robinson Leslie
Published: January 2019

Like with so many other everyday things that become extensions of ourselves, we experience the mirror—in that look and see moment—routinely and habitually. With unfaltering precision the mirror captures my face, immediately copying it back for me to examine. We owe, in part, our visual perceptions of self to the mirror’s convenient and ready-at-hand presence. Yet, is there not more to the mirror than relentless reflection? Looking to poetic, mythical and experiential accounts of the mirror reveal how it can surprise, jolt, distort, fool, engulf or otherwise interpolate us. In this way, our encounters with the mirror seem to manifest variously and differentially. It is at once there and not there, tangible and intangible, solid and transparent, and truthful and deceitful.
The Bathtub
Authors: Coleman Karly
Published: January 2019

What is the lived experience of bathing in someone else’s tub? Why would this experience be dissimilar to bathing in your own tub? This essay examines the nuances of bathing elsewhere, focusing on intimacy, place, ritual, and time.
The Yoga Mat
Authors: Lemermeyer Gillian
Published: January 2019

After centuries of yoga practice without any specialized surface, the yoga mat now seems to have become a nearly indispensable part of the practice. This phenomenology explores the intimations, the intimacy, and the space of the yoga mat in its everyday usage. It seems that the mat convenes a sacred space not only for the practice of yoga but of the practice of yoga.
When My Voice is not My Voice: Speaking through a Speech Generating Device
Authors: Howery Kathy
Published: January 2019

A speech-generating device (SGD) is not a thing that many people have experienced. For thosewith severe speech impairments, however, it may be a technology giving them voice and anintegral part of their daily lives. What is it like to have an embodiment relation with SGD? Thisarticle draws upon Don Ihde’s insights regarding human-technology relations to explore howSGDs may act to mediate and condition the everyday lives of children and youth with speechimpairments.
Memorial for Eugene T. Gendlin
Authors: Krycka Kevin C.
Published: January 2019

Memorial for Eugene T. Gendlin
Somatometric and Index Indicators for Assessing the Physical State of Patients with Gastric Cancer
Authors: Gorbunova Е. A. , Medvedeva N. N. , Filkin G. N.
Published: January 2019

The purpose of the research was to study physical health of patients with gastric cancer, the identification of markerspredictors of gastric cancer.

Material and methods. This article presents the results of a survey with 150 patients diagnosed with stomach cancer. The research was conducted on the basis of the department of oncoabdominal surgery of Krasnoyarsk Regional Clinical Oncological Hospital named after A.I. Kryzhanovskiy in the period from 2016 to 2017. Patients with established gastric cancer, awaiting for surgical treatment, were examined using anthropometric methods of research. We evaluated the physical status of patients of different age diagnosed with stomach cancer. We also calculated body mass index and Tanner’s index of sexual dimorphism (1968), according to the last we determined the type of gender dimorphism. Distribution of healthy men and women in the population of the Krasnoyarsk Territory was taken for comparison.

Results. We have obtained the following markers: overweight and obesity, sex inversion in men of the II period of adulthood and the elderly to gynecomorphy, and in women of the II period of adulthood – to mesomorphy.

Conclusions. These markers are used for assessment of the physical status of patients with stomach cancer. They, together with the already known risk factors of gastric cancer development, will help to identify groups with an increased risk for gastric cancer development at the stage of medical examination of the population.
Dynamics of Blood Values in Patients with Radial Shaft Injury after Using Transosseous Osteosynthesis by external Fixation Pin Device
Authors: Kinash I. N. , Puseva M. E. , Butaev Ch. Z. , Ippolitova E. G.
Published: January 2019

Transosseous osteosynthesis continues to occupy a leading position among the methods of treatment of damage to the tubular bones of the extremities. This article presents a survey of 47 patients: 22 men and 25 women aged 25 to 60 years with fractures in the middle third of the radial shaft with displacement of bone fragments. The peculiarity of the external fixation device we used is that all transosseous elements are represented by 1.5 mm pins, inserted through both cortical layers of each bone, at levels from I and VIII. The pins are inserted simultaneously through both bones, thus excluding the rotational function of the forearm.

The essence of the study is a comparative analysis of the blood system parameters in patients with diaphyseal injuries of the radial bone, operated by the transosseous osteosynthesis method using the external fixation device of pin configuration. Any damage to the body, (a fracture or related surgery), is accompanied with various changes in the system of hemodynamics and metabolism.

The laboratory blood tests performed in the group of patients with damage to the radial shaft treated with transosseous osteosynthesis by external fixation device of pin configuration, revealed certain regularities in changing of blood parameters: increased number of platelets, increased level of fibrinogen and level of soluble fibrin complexes, which promotes the activation of the internal mechanism of blood clotting.
The level of Brain natriuretic Peptide as a Predictor of the Postoperative Period at Operations with Artificial Blood circulation
Authors: Bakhareva Yu. A. , Nadiradze Z. Z. , Muravskaya A. V.
Published: January 2019

The level of natriuretic peptide is regarded as a prognostic predictor of postoperative heart failure in modern cardiac surgery, and moreover, this hormone is included in the standards of its early diagnosis around the world. This study was conducted at the Irkutsk Cardiac Surgery Center. The results of treatment of 78 patients were analyzed in order to determine the relationship between the dynamics of brain natriuretic peptides and the course of the early postoperative period in operations with artificial cardiopulmonary bypass. Patients were divided into three groups according to the level of natriuretic peptide elevation in the postoperative period. The study proved the dependence of the postoperative period on the multiplicity of the increase in the level of natriuretic peptide B-type.

It was found that the higher the rate of increase in the hormone, the lower the numbers of the cardiac index in the postoperative period, longer duration of inotropic support (p > 0.05) and higher doses of adrenomimetics (p > 0.05). The duration of mechanical ventilation was also longer in the groups where a high level of natriuretic peptide was recorded (p > 0.05). Thus, the multiplicity of natriuretic peptide elevation can be a prognostic criterion for the postoperative period in cardiac patients. It is important to note that a single determination of the level of natriuretic peptide should not be used as a marker of postoperative heart failure and this study confirmed the necessity to monitor the dynamics of brain natriuretic peptide’s level in the perioperative period in patients operated with extracorporeal cardiopulmonary bypass.
Metabolism and Physiological Functions Adjustment of the Organism under Stress Influence
Authors: Kolesnikova L. R. , Makarova O. A. , Natyaganova L. V. , Dolgikh M. I. , Korytov L. I.
Published: January 2019

Stress reaction of the organism is a process occurring at the cellular, tissue and systemic levels. The organism responds to any adverse effect with a multi-level reaction, which causes the development of stress and, as a result, adaptation. The damaging effect is due to the excessive strengthening of another adaptive effect – lipotropic, that increases the activity of phospholipases and the intensity of free radical oxidation of lipids through the catecholamines and protein kinases. The changes in the immune system during the adaptation stage are to maintain antigenic homeostasis of the internal environment of the organism due to lymphoid cells, lymphocytes and cytokines. Almost all cells with antigen representation function are capable to produce interleukins under certain conditions. The vascular system is a kind of an indicator of any pathological process, determining the state of regulatory and adaptive mechanisms, the features of the connective tissue matrix. Stress causes a restructuring of metabolism and physiological functions, which increases the organism’s resistance to acute death. Thus, the physiological meaning of the stress reaction is the emergency mobilization of energy and structural resources of the organism and the creation of positive background for the implementation of reactions, aimed at maintaining homeostasis in extreme situations.
Characteristics of Nasopharyngeal Microbiocenosis and Evaluation of the Interaction of its Associates in Women with Chronic Endometritis
Authors: Kungurtseva E. A. , Darenskaya M. A. , Ivanova E. I. , Pristavka А. А. , Tunik T. V. , Nemchenko U. M. , Grigorova E. V. , Leshchenko O. Ya.
Published: January 2019

The upper respiratory tract is one of the most important biotopes in the human body. Therefore, in order to understand the cause-effect relationships between the microbial world and the pathological state of a person, it is crucial to clarify the relationship of the microbes-associates.

The study involved 74 women with reproductive disorders. The main group – women with chronic endometritis (n = 47). The diagnosis of chronic endometritis was revealed on the basis of morphological signs of histological examination of aspirates from the uterine cavity. The comparison group consisted of 27 women, in whom the chronic endometritis was not confirmed. When applying, women complained more often of infertility and (or) miscarriage. Of the accompanying extragenital diseases, chronic tonsillitis in women of the studied groups was most often diagnosed. Therefore, it was important to give a microbiological description of the nasopharyngeal biotope of these women, as one of the factors that influences the reserves of confrontation of the reproductive function of the body to infections. Nasopharyngeal microbiocenosis of women with chronic endometritis was characterized by deficiency of the indigenous microbiota and a permanent presence in the microbiocenosis of the absolute pathogen (S. aureus) and transient species (enterococci, CNS). Between the representatives of normoflora antagonistic relations were established. The obtained results indicate violations in the nasopharyngeal biotope of these women, which can cause immunodeficiency and, as a consequence, the development and flow of chronic endometritis.
Qur’an Schools in the Malay Peninsula: A Traditional Education Template Between Change and Continuity
Authors: ÖZAY Mehmet
Published: January 2019

This study examines the Qur’an schools in Malay Peninsula during the British colonial rule. It investigates how these educational institutions were perceived by the colonial rule and analyse the process of their transformation over the decades. It is also crucial to clarify the concept of Qur’an schools within the juncture of overall Islamic education centers operated not only in Malaya but also in the Archipelago, which were functional enough in the dissemination of traditional religious knowledge and values to the new generations. The colonial rule delivered new educational initiatives such as the Malay vernacular schools by implimenting various policies on the basis of a Euro-centric approach in the latter period of colonial rule. The colonial rule integrated Qur’an classes emulating partially the practice of Qur’an schools into newly established Malay vernacular schools in order to attract the interests of the Malay parents in an effort to convince them to send their children to these institutions. Although Malay families got used to these new education initiatives and register their children at these institutions, it is asserted that the secular-based vernacular schools are deemed to have caused degradation in the socio-cultural and religious structure of traditional Malay Muslim societies. In this context, this new education system is a subject matter to be studied and analyzed as a phenonemon of change in social structure. It is also worth observing the reactions of the Malay Muslim communuities during this process towards the new educational establishment. The analytical narratives of this study rely on sources produced during the colonial period and other related sources of contemporary literature.