bluuebunny/crossref_metadata_2025 huggingface dataset:
Long Term Outcome of Anorexia Nervosa
Authors: Jones Lyndall M. , Halford W.K. , Dooley Roger T.
Published: July 2016

The long-term outcome (mean follow-up period 5.7 years) for 20 patients with anorexia nervosa was assessed on a comprehensive battery of self-report inventories and a structured clinical interview. Two thirds of the cohort were improved to a clinically significant degree at follow-up, but the majority still showed higher than normal scores on inventories of anorexic symptomatology, social maladjustment, anxiety, and hostility. The remaining one third were unimproved and demonstrated a broad range of impairment including distorted attitudes toward eating, overconcern about body shape, poor social functioning, high levels of anxiety, hostility, depression, and external locus of control. Moderate to strong correlations were found across outcome measures. Longer duration of eating difficulties before presentation was a strong predictor of poor long-term outcome, suggesting a chronic relapsing form of the disorder occurred in a subgroup of patients.
Behaviour Therapy in Japan: Beyond the Cultural Impediments
Authors: Sakano Yuji
Published: July 2016

The fourth World Congress of Behaviour Therapy held at the Gold Coast was a great success as the first worldwide congress on behaviour therapy in South East Asia and Oceania countries. The fact that an academic association can sponsor a world congress is a good index of the level of development of a host academic association as a leader in that field. We can say that the ABMA has come to play a leading and important role in behaviour therapy in the world.

Lovibond's paper (Lovibond, 1993), based on his keynote address at the Fourth World Congress of Behaviour Therapy, is interesting for an understanding of not only the current status of behaviour therapy in Australia, but also for typical courses of the development of behaviour therapy in many countries where behaviour therapy has not been a major clinical approach, having been “imported” from countries where behaviour therapy has been highly developed from early times.

The courses of the development of behaviour therapy in Australia and Japan are considerably similar, that is, clinical psychologists in both countries have tried to develop a scientific clinical psychology since the dawning of behaviour therapy, as Lovibond (1993) has pointed out. However, there are some differences between these countries on the current status of behaviour therapy. In order to compare the courses of the development and the current status of behaviour therapy in both countries, an introduction to a brief history of behaviour therapy in Japan might be helpful.
The Self-efficacy Questionnaire for School Situations: Development and Psychometric Evaluation
Authors: Heyne David , King Neville , Tonge Bruce , Rollings Stephanie , Pritchard Melinda , Young Dawn , Myerson Nicole
Published: July 2016

Following Bandura's theory, a Self-efficacy Questionnaire for School Situations (SEQ-SS) was developed to assess the cognitions of school refusers. The instrument contains twelve school-related situations which are rated by children according to their belief about their ability to cope with each situation. Factor analysis yielded two reliable factors labelled Academic/Social Stress and Separation/Discipline Stress. Psychometric evaluation also revealed good internal consistency and test-retest reliability. Total self-efficacy scores for 135 school refusers ranged from very low to very high. Self-efficacy was highest with regard to doing school work and lowest with regard to answering peers' questions about absences. The clinical utility of the SEQ-SS is discussed, with implications for the selection of cognitive and behavioural treatment procedures. The application of the instrument in future research is also considered.
The Effect of Adding Telephone Contact to Self-Instructional Smoking-Cessation Materials
Authors: Brown Stephen L. , Hunt Graham , Owen Neville
Published: July 2016

Self-instructional materials are widely used to help smokers develop cognitive-behavioural techniques which may assist them to stop smoking. The effectiveness of these materials may be augmented by a minimal therapist support component to encourage and supervise their use. Forty-five smokers were recruited to a smoking-cessation program at a community health centre, and were randomly assigned to either a self-instructional manual plus regular telephone contact condition, or to a manual-only condition. A higher proportion of participants in the telephone contact condition reported being abstinent at 3- and 6-month follow-ups, but not at a 12-month follow-up. There were no differences between the two conditions for the smoking rates of the remaining smokers at each of the follow-ups. Levels of adherence to the techniques presented in the manual were generally low, with a preference for the more-simple behavioural techniques, and those which were related to initial behaviour change rather than to maintenance. There was no relationship between levels of reported adherence to the techniques and smoking status at follow up. There is the need for further research on the cost-effective use of social support strategies to augment the impact of self-instructional behaviour-change materials.
Overview of Behavioural Family Interventions With Children: Achievements, Limitations, and Challenges
Authors: Prinz Ronald J.
Published: July 2016

The field of child clinical psychology has benefited from the development of behaviour therapy. One of the most important contributing areas is that of behavioural family intervention. Some of the contributions and achievements of this area are considered. Limitations and future directions are discussed.
Covariation of Stereotyped Behaviour and Engagement
Authors: Adlem Andrew , MacDonald Derek
Published: July 2016

We examined the covariation of stereotyped behaviour and engagement in persons with profound intellectual and physical disabilities. Data are presented on the rates of stereotyped behaviour and engagement immediately prior to, during, and immediately after training sessions aimed at increasing manipulation of entertainment materials such as toys. The results indicated that (a) training was successful in achieving increased engagement, (b) stereotyped behaviour decreased when the level of engagement increased, even though stereotyped behaviour was not incompatible with engagement, and (c) after training ceased, stereotyped behaviour increased to higher levels than baseline and engagement decreased to below baseline levels.
Cognitive Behavioural Treatment of a Vocal Tic
Authors: Fuata Patricia , Griffiths Rosalyn A.
Published: July 2016

A vocal tic, manifested by a persistent throat-clearing cough, was treated using the habit reversal procedure which was modified to include cognitive therapy. Treatment outcome was assessed using video recordings of tic frequency and self-report measures of anxiety, tic occurrence, and associated disruption to normal living. The treatment was very effective in alleviating the tic, with improvement maintained at 6 months follow-up. These findings indicate the need for further research to establish the usefulness of targeting cognitive processes in the treatment of tic behaviour.
Cognitive Behavioural Stress Management as Treatment of Atopic Dermatitis: A Case Study
Authors: Halford W. Kim , Miller Suzanne
Published: July 2016

A 37-year-old male with a 13-year history of atopic dermatitis (AD) was treated with cognitive behavioural stress management. Self-rated stress and extent of AD rash decreased from baseline to the end of treatment, and gains were maintained at follow-up. A significant correlation between stress and extent of AD rash was observed. Discussion focused on the possible role of stress induced immunosuppression on exacerbations of AD, and the need for controlled trials evaluating the treatment procedures used in the current study.
Population versus Clinical Perspectives on Smoking Behaviour
Authors: Brown Stephen L. , Owen Neville
Published: July 2016

Effective mass-reach smoking-cessation interventions are required in order to accelerate the decline in the prevalence of smoking in Australia and other industrialised countries. Such large-scale interventions still rely, to a major extent, on theoretical principles derived from research with clinical or other opportunistic samples. Schachter (1982) argues that this type of research provides information which is unrepresentative of smokers in the general population. We compared a population-probability sample with a sample of smokers enrolling in a smoking-cessation program offered by a community health centre. The health centre sample was composed of predominantly female, older smokers who had higher smoking rates, had made more previous attempts to stop smoking, and tended to attribute their last relapse to irritability. We discuss some potential implications for research relevant to population-wide smoking control strategies.
Discriminant Validity of a Measurement System for Assessing Social Competence
Authors: Ralph Alan
Published: July 2016

A system of assessing social competence based on empirical analysis of a sample of non-referred subjects was applied to a group of subjects referred for social skills training. Scores obtained with the system discriminated between the referred and non-referred subjects. Data also supported the use of the system to evaluate changes which occurred during the course of the training program. However, this finding was not uniform across all subjects. Discussion centres on the variables which might account for this lack of uniformity and on further applications for the system as a research and therapy tool.
Some Effects of Direct Instruction in Comprehension Skills with Sixth Grade Students
Authors: Clunies-Ross Graham
Published: July 2016

The Direct Instruction Corrective Reading Program Comprehension B was taught to an experimental group of 31 Year 6 students at the rate of 2 or 3 lessons per week for 8 months. A comparison group of 26 Year 6 students at an associated school were involved in a variety of literacy activities for equivalent periods of time. The ACER Tests of Learning Ability for Year 6 students were administered to all participants as a pre-test and a post-test. Analyses of the post-test data indicated that the experimental group was superior to the comparison group on the three subtests and the total score. Norm-referenced comparisons showed that the experimental group attained above average levels of performance, which contrasted with the average achievements of the comparison group. This differential was interpreted as evidence that the experimental group made educationally significant gains as a result of undertaking Corrective Reading Comprehension B.
Behavioural Marital Therapy — Setting an Agenda for the 1990s
Authors: Blampied Neville M.
Published: July 2016

The strength of behavioural marital therapy is seen to lie in its close links between theory, assessment and therapy. Issues raised by contributions to this special issue are reviewed as they bear on each of these domains and the implications they have for the next decade of research and practice are discussed. Some problems with the prevailing cognitive-behavioural models of marital functioning are noted, the difficulties of establishing effective clinical use of research innovations in assessment are lamented, and the need for innovation in therapy to meet the demands of diverse client groups is considered. An appeal is made for more attention to be given to maintenance and transfer (generalisation) issues. Finally, it is suggested that the decade of the 1990s become the decade of prevention research.
Increasing Retarded Adults' Compliance with Occupational and Household Tasks with a Guided Compliance and Verbal Praise Procedure: A Preliminary Investigation
Authors: Burgio Louis D. , Jones Lori T. , Willis Kimberly
Published: July 2016

We examined the use of a guided compliance procedure for increasing compliance with occupational and household tasks in community dwelling, mildly retarded adults. Two clients were admitted to an inpatient unit and were observed in a training room and a behaviour unit setting. In both settings, the clients were requested to engage in a number of occupational and household tasks, similar or identical to tasks they confront in the community. Training consisted of contingent praise for compliance, and physical guidance, applied contingent upon occurrences of noncompliance. Data were collected on compliance, aggression, verbal abuse, and proper application of the training procedure. Training was conducted in a multiple baseline across the two settings. These preliminary results suggest that guided compliance was successful in increasing compliance, with only a minimal and transitory increase in aggression and verbal abuse observed for one client, predominantly in the early phase of training. Largely anecdotal follow-up data suggest that the effect generalised to the community and maintained for at least five months.
Rapid Treatment of Excessive Urinary Urgency and Frequency by Progressive Retention Training, Cognitive Restructuring and In Vivo Desensitization
Authors: Lowe Brian
Published: July 2016

A 32-year-old man with a 10-year history of psychogenic urinary frequency was treated using a two-stage behavioural intervention. Stage 1 comprised urinary retention training, which led to a marked reduction in urinary frequency. Stage 2 employed retention training, in vivo desensitization and cognitive restructuring, resulting in a reduction of phobic avoidance and a decrease in self-reported social anxiety. Gains were maintained at two- and ten-month follow-ups. The results suggest that the introduction of retention training prior to counterconditioning leads to a rapid resolution of pollakiuretic behaviour when anxiety is implicated as a mediating factor.
A Social History of Behaviour Modification in Australia
Authors: Winkler Robin C. , Krasner Len
Published: July 2016

This paper was delivered by Dr R. Winkler as an Invited Address at the Australian Behaviour Modification Association Annual Conference, Sydney, 13 May 1986. The article is published in tribute to Robin Winkler with the normal editorial requirements concerning references and stylistic issues being waived.
Behavioural Approaches to Headaches
Authors: Martin Paul R.
Published: July 2016

Headaches are a common problem, and psychological factors are widely acknowledged as playing a critical role in the development and maintenance of a high proportion of cases. This mini series consists of six contributions to the headache literature from researchers working in Australia. The papers focus on cycles in headache activity; behavioural patterns, copying styles and personality characteristics of headache sufferers; psychophysiological pain mechanisms; and potential adverse consequences of simplistic treatment approaches. The emphasis on non-treatment studies is unusual in this field but argued to be appropriate in view of the lack of knowledge concerning basic headache processes.
Stress Appraisal and Personality Characteristics of Headache Patients: Comparisons with Tinnitus and Normal Control Groups
Authors: Kearney Brian G. , Wilson Peter H. , Haralambous George
Published: July 2016

This study is concerned with the coping strategies and personality characteristics of headache sufferers. Comparisons were made between headache patients, tinnitus patients and normal controls (N = 105) on the Neuroticism subscale of the Eysenck Personality Questionnaire (EPQ), Taylor Manifest Anxiety Scale (MAS), Beck Depression Inventory (BDI), Unpleasant Events Schedule (UES), a measure of emotional control and a measure of cognitive appraisal of stressors. Statistical analyses revealed that headache sufferers scored in the more pathological direction than the controls on the EPQ, MAS and the measure of cognitive appraisal of stressors. Tinnitus patients did not differ from normal controls on these measures. These results are compared with those of other studies of the personality characteristics and psychological features of headache sufferers. Implications for further research in this area, and for the treatment of headaches, are discussed.
The Type A Behaviour Pattern and Chronic Headaches
Authors: Martin Paul R. , Nathan Paula R. , Milech Dan
Published: July 2016

This article describes three studies that explore the relationship between headaches and the Type A behaviour pattern. The results of the first study demonstrated that in a student sample individuals who suffer from more fequent headaches and headaches of higher intensity have significantly elevated Type A scores. The second study complemented the first by showing that the majority of chronic headache sufferers displayed the Type A behaviour pattern; and the findings of the two studies together suggested that between 68% and 90% of chronic headache sufferers may be classified as Type A's. The results of the third study indicated that individuals whose headaches tended to be associated with negative affect (depression, anxiety, hostility, tiredness, confusion and unsureness) had significantly higher Type A scores than individuals whose headaches tended not to be associated with negative affect. It was suggested that the Type A behaviour pattern is a risk factor for headaches (as well as coronary heart disease and other disorders) as it resulted in the frequent experience of stress and negative affect which in turn could lead to headaches. Also, Type A individuals probably responded to headaches with more distress than those not exhibiting this behavioural style so that they were more likely to become trapped in the stress-headache spiral.
On the Relationship of Psychiatric Diagnosis to Behavioural Assessment
Authors: Jackson Henry J. , Tierney David
Published: July 2016

In this article we address the relationship between behavioural assessment and psychiatric diagnosis. We argue that a diagnostic formulation should be made prior to behavioural assessment but consider diagnosis as complementary to traditional behavioural assessment. Implicit in our proposal, is the notion that behavioural practitioners should be thoroughly conversant with the various forms of psychopathology, and be able to identify the signs and symptoms that cluster together to constitute a clinical syndrome or disorder. The same practitioners should be able to differentiate the signs and symptoms of one syndrome or disorder from another. It is further proposed that behavioural practitioners need to be aware of the limitations and boundaries of their particular approaches and concede the value of other treatment approaches (especially chemotherapy) derived from different theoretical perspectives (Hersen 1979, 1981; Kazdin and Hersen, 1980). Such approaches may assume priority in the treatment of certain disorders, e.g., the first-rank symptoms of schizophrenia.

The term diagnosis means “to know through” and is simply a hypothesis about the nature of a problem (Rush, 1982). Ideally, a diagnosis should simplify complex data; provide information about the likely outcome of a particular psychiatric disorder with and without treatment; allow improved prognostic judgements; assist in the selection of appropriate treatments; allow communication between professionals; and lead to improved clinical strategies (Kendell, 1974; Rush, 1982).
EMG—Induced Muscle Relaxation as a Treatment for Learning Disability: Efficacy yet to be Proven
Authors: Sharpley Christopher F. , Rogers H. Jane
Published: July 2016

Biofeedback procedures for stress reduction have been widely used in a variety of settings. While there are many reports of the successful application of EMG procedures for general tension-reduction with adults and children, little has been done concerning these procedures with children who suffer from a specific learning disability. The present paper reviews the use of EMG biofeedback with learning-disabled children and, after examining those studies performed to date concludes that the supportive conclusions drawn by previous authors can be criticised on methodological grounds, and that the issue of indirect treatment of learning disability via EMG biofeedback is open to discussion. Directions for future research are described.
The Cervico-Brachial Pain Syndrome: Muscle Activity and Pain Relief
Authors: Bissett Ann , Mitchell Kenneth R. , Major Gabor
Published: July 2016

The investigators explored whether electromyographic (EMG) mediated biofeedback would help patients with cervico-brachial pain syndrome (CBPS) reduce muscle contraction and aid in pain relief. Twenty seven volunteer subjects with medically diagnosed CBPS were randomly assigned to two groups. The experimental group received EMG biofeedback mediated muscle relaxation of the neck for five, 40 minute sessions. The participants in the other group acted as "wait list" controls, and in turn, received treatment at the end of the study. Pre and post intervention measures consisted of EMG recordings of neck muscle activity; self-report measures of neck and general body relaxation, level of pain intensity, depression, anxiety and functional impairment. The results indicated that neck muscle activity, as measured by EMG, was significantly lower at the end of training. Associated with this reduction were a significant increase in self-reported neck and body relaxation and a significant reduction in the average intensity level of pain experienced by subjects over the pre to post intervention period. No changes were reported for the other measures.
Elimination of Self-Injurious Behaviour in an Autistic Child by use of Overcorrection
Authors: Mohr Caroline , Sharpley Christopher F.
Published: July 2016

Mild punishment, overcorrection and reinforcement of an alternative behaviour were used to reduce and eliminate the incidence of severe self-injurious behaviour in an autistic 12-year-old boy who had sustained major damage to his wrists and fingers. Data were collected over 10 × 30-minute periods per day and showed that banging and touching of a protective cast and later the injured hand itself were reduced to zero in approximately three weeks. The injury had healed and self-injurious behaviour was still extinguished at 10-month follow-up.
Two Factors are too Simplistic: A Response to Birnbrauer (1985)
Authors: Molloy Geoffrey N.
Published: July 2016

In an earlier contribution to Behaviour Change, a five-factor framework which recognizes both environmental and internal mediating determinants of behaviour was presented (Molloy, 1984). The five factors constitute a dynamic interdependent system whereby a change in any one of the components affects one or more of the other elements. The model is intended as an heuristic device for formulating and testing hypotheses and to illustrate how human behaviour, beyond simple habits and reactions, is multiply determined.
A Case of Misperception: Comment on Smith, Henriques and Parsonson (1985)
Authors: Sandford Donald A. , Elzinga Rob H.
Published: July 2016

The article by Smith, Henriques and Parsonson (1985) published in Behaviour Change raises some interesting points, not the least of which is the validity of one of the major conclusions drawn by the authors. They claim “The results of this study indicate that the two treatment conditions employed were not equally effective in increasing the subject's range of supination” (p.56). Putting the clinical utility of their study aside, data available suggest this conclusion is unwarranted.

Essentially, the three conditions (Tml, Tm2, Bl) may be considered to be components of a multiple schedule. Thus, the functional relationship between behaviour and a specific intervention is established if the behaviour co-varies in a predictable fashion with changes in experimenter operations (treatment). On the face of it, the data of Smith et al., appear to meet this criterion.

However, when these same data are plotted in order of presentation, with the data for each session within each condition averaged so as to reduce variability, a different possibility emerges. (See Figure 1.) There is steady improvement in the subject's performance over time, regardless of which treatment condition is in effect in a particular session. These are parallelled with slow increments in baseline response rates. This strongly suggests generalization between conditions or a treatment process common to both interventions.
Videotape Modelling in Behaviour Therapy: An Outline of Principles and Potential
Authors: Ballard Keith D. , Glynn Ted
Published: July 2016

This paper suggests ways in which videotape modelling strategies may be used in behaviour therapy. Clients can acquire new responses through observational learning, while the consequences accruing to a model from different actions can be planned to effect inhibition or disinhibition of specific client behaviours. Modelling may facilitate the performance of previously learned behaviour by identifying for the observer appropriate contexts and discriminative stimuli. Also, models can be used to present cultural norms or standards for performance. The effective and ethical use of videotape modelling strategies requires that therapists understand the theoretical dimensions of this intervention format and justify the content of modelling presentations from empirical research on the behaviours targeted for change. Particular cautions are noted in the areas of social skills training and desensitization to anxiety provoking situations.
Hostis not Inimicus: Toward a Theory of the Public in the Work of Carl Schmitt
Authors: Kennedy Ellen
Published: July 2016

Der Krieg ist durchaus nicht Ziel und Zweck oder gar Inhalt der Politik, wohl aber ist er die als reale Möglichkeit immer vorhandene Voraussetzung, die das menschliche Handeln und Denken in eigenartiger Weise bestimmt und dadurch ein spezifisch politisches Verhalten bewirkt.

In an early review of the Verfassungslehre (1928), Margit Kraft-Fuchs criticizes Carl Schmitt's argument as circular and illogical. While claiming to establish an entirely new constitutional theory, not a general theory of the state, Schmitt in fact relies on a tautology and derives “an is from an ought”. Quoting Schmitt's argument in Der Wert des Staates und die Bedeutung des Einzelnen (1914) that “The mere actuality of power at no point provides a justification unless it assumes a norm by reference to which its claim is legitimated”, Kraft-Fuchs concludes that it is “astonishing he has forgotten this basic logical insight between 1914 and 1928.”
Federalism and Secession: At Home and Abroad
Authors: Kymlicka Will
Published: July 2016

Western democracies have developed a number of effective models for accommodating ethnocultural diversity. One of these involves the use of federal or quasi-federal forms of territorial autonomy to enable self-government for national minorities and indigenous peoples. These forms of territorial autonomy are in general a success. The merits of these models have been underestimated because many people measure success by an inappropriate criterion: namely, the absence of secessionist mobilization. This cannot be the correct standard for evaluating democratic multination states. The success of a common Western approach to territorial autonomy is related, in a complex way, to a particular view about the legitimacy and perhaps even inevitability of secessionist mobilization.
The Ethics of Secession and a Normative Theory of Nationalism
Authors: Moore Margaret
Published: July 2016

The three major normative theories of secession are just-cause theories, choice theories, and national self-determination theories. Just-cause and choice theories are problematic because they view secession in terms of the application of liberal theories of justice or a liberal principle of autonomy, without regard for the dynamics of nationalist mobilitization and national politics. National self-determination theories can be supported by a collective autonomy argument. This is related to a particular view of the relationship between collective self-government and territory.
Quantum Physics in Private Law
Authors: Levin Avner
Published: July 2016

IzhakEnglard argues that Ernest Weinrib's idea of coherence in private law, based solely on corrective justice, must be modified to include distributive justice in order to better fit legal practice. Englard proposes complementarity, a framework accommodating mutually exclusive scientific concepts, as a basis for private law’s coherence, based on an analogy between the concepts of light and justice. This analogy is insufficient as an epistemological basis common to science and law upon which complementarity can be applied as Englard suggests. Despite Englard's failure complementarity may yet be applicable to law, based on an epistemological 'problem of observation' that science and law share.
Our Adversary System: In Search of a Foundation
Authors: Belliotti Raymond A.
Published: July 2016

Rhetoric in praise of “our adversary system” flows freely in the prose of many legal insiders. But unexamined rhetoric, like self-praise, is of itself of little recommendation.

I will here (I) state and explain the four defining characteristics of our adversary system: (A) formal proceedings, (B) partisan presentation, (C) a neutral, passive fact finder, and (D) principles of professional responsibility. I will then (II) state, explain, and analyze critically the most common justifications advanced in defense of our adversary system: (A) the truth rationale, (B) the rights rationale, (C) the autonomy rationale, (D) the lawyer as friend rationale, (E) the ritualistic function rationale, (F) the dispute rationale, and (G) the pragmatic rationale. I conclude (III) that to date no convincing justification has been advanced which argues persuasively that our adversary system has independent value or that it serves important societal objectives better than other existing or possible legal systems.
A Theory of Criminal Law Excuses
Authors: Chapman Bruce
Published: July 2016

From earliest times it has been recognized that there are situations in which it is inappropriate to hold someone criminally liable despite his apparent violation of the law. Such situations are said to excuse the accused from his wrongdoing. In the Nichomachean Ethics, for example, Aristotle claims that “any sensible man” would throw another’s goods overboard in a storm if such an action was necessary to save both himself and his crew. And in Leviathan, Hobbes remarks that “If a man by the terrour of present death, be compelled to doe a fact against the Law, he is totally Excused; because no Law can oblige a man to abandon his own preservation”.
Against Just Desert
Authors: Christie Nils
Published: July 2016

In an Icelandic saga there is a story of Torgeir, a young man of high rank, who one day as part of his morning activities cut off the head of a serf. Asked why he did this, answered—and it sounds better in Norwegian—“Fordi han sto sa lagelig til for hugg”: because he stood there so well suited for a cut. That was the end of the story.

One episode, yet representative both for Viking-time and later epochs. Up until 1766 it was a matter of course that people of high rank received less severe punishments than those of low rank. Fragments of this basic principle are still preserved in the Norwegian constitution where it is explicitly stated the King cannot be blamed or brought before any court of law.
Moving from Punishment to Compensation
Authors: Narveson Jan
Published: July 2016

Punishment consists in doing things to people which are expectedly undesirable from the point of view of the recipients. These have typically included the infliction of physical pain, deprivation of life itself, and, for long the standard form, deprivation of liberty of movement, in the form of a period in jail. We have a fairly strong prima facie duty to refrain from inflicting such things on anyone. (Some might even think that we have a rigorous, or “absolute” duty thus to refrain, but that would make punishment necessarily unjustifiable.) But if we accept any such duty—as we all do—then the question of justification for punishment obviously arises, for clearly we need to justify the doing of what is normally wrong. We need to show why certain kinds of non-normal behavior call for punishment.
No Easy Cases?
Authors: Marmor Andrei
Published: July 2016

Of all the various aspects of legal positivism, it is those bearing upon a theory of adjudication which have prompted its critics’ fiercest attacks. Legal positivism is taken to be committed to the thesis that a distinction exists between (so called) ‘easy’ cases—where the law can be identified and applied straightforwardly—and ‘hard’ cases—where the issue is not determined by the existing legal standards. Most critics are united in their rejection of this dichotomy, but divided by the two main routes they follow. The more familiar one, first outlined by Professor R.M. Dworkin, sets out to deny that hard cases are not regulated by legal standards. The other objection, and the one I wish to consider here, strives to show that the distinction itself is illusory since in all relevant respects, there are no easy cases as the positivist presumes.
The Unity of Property Law
Authors: Brudner Alan
Published: July 2016

This essay defends the thesis that the common law of property exhibits an internal unity worthy of moral respect. There are three distinct elements to this claim, each of which may be elucidated through a contrast with the position it opposes. First, the unity we seek in the law of property is an internal one. This means that we unabashedly seek property law’s own unity, regarding artificial constructions as a defect of interpretation rather than its normal product. We do not set out in advance the underlying ground for the possibility of faithful interpretations of legal practice; for that ground will emerge as the unifying theme of property law and so must be methodically drawn from the object rather than baldly asserted beforehand. Nevertheless, it is possible to indicate at the outset how an internalist understanding of property law will differ from interpretations that are constructionist, or that impose on the object a unity alien to it.
Oaths, Witnesses and Modern Law
Authors: Gochnauer Myron
Published: July 2016

In the common law world the oath has long provided one way of ensuring that trial witnesses tell the truth. The moral power of the oath supplements the judicial power of perjury laws. But unlike laws forbidding perjury, the oath cannot be used automatically. Through ignorance, belief or conscience a person may be incapable of meaningfully swearing an oath. Over the years there have been many legislative enactments and judicial pronouncements which sought to clarify conditions for the use of the oath and establish alternatives to it. With increasing secularization of society, the traditional ground rules have required modification. Because there has been little serious, theoretical discussion of the nature of the oath, these modifications have often exhibited inadequate understanding of the moral dimensions of the oath. As a result, judicial discussion has reached an impasse. In January, 1988 Bill C-15 became law. It contained yet another attempt to satisfactorily harness the power of the oath to the needs of the judicial system. The interpretation of this new legislation will offer excellent opportunities to eliminate some of the confusion surrounding the oath in Canadian law. This paper will analyze the nature of the oath with special attention to its obligation-generating capacity. The analysis developed here may help provide the understanding necessary for sensible judicial interpretation and reform.
The Case Against a Duty to Rescue
Authors: Denton Frank E.
Published: July 2016

It has always been the rule in Anglo-American common law that there is no general duty to come to the aid of strangers, no matter how great the need or how easily the aid could be given. The rule is based upon the fundamental distinction between misfeasance — active misconduct that causes positive injury to another — and nonfeasance — inaction that represents a failure to take positive steps to benefit another. Courts have consistently held that the common law of private obligations does not impose affirmative duties simply on the basis of one party’s need and another’s capacity to fulfill that need. In this century, the courts have with increasing frequency avoided the most morally offensive applications of this general rule by basing affirmative duties to render aid upon various “special relationships” found to exist between potential rescuers who failed to act and the victims they failed to save.
Taxing Inherited Wealth: A Philosophical Argument
Authors: Duff David G.
Published: July 2016

Tax reform is, as it should be, a major issue on the political agenda. Wealth taxation should form part of the basis of that agenda if any of the goals, particularly that of equality of opportunity, which we cherish as a civilized and democratic society, are to be realized.

Maureen A. Maloney,

“Distributive Justice: That is the Wealth Tax Issue,”

(1988) 20 Ottawa L. Rev. 601 at 635.

After two decades of decline and indifference in the Anglo-American world, the subject of taxing inherited wealth has recently begun to resurface. In the past five years, the number of books and articles on the topic has shown a noticeable increase. And in Ontario, Canada’s most populous and industrialized province, the unexpected election of the New Democratic Party in September 1991, promising to reintroduce a provincial succession duty, has put the issue back on the political agenda.
Patrolling the Boundaries: Inclusive Legal Positivism and the Nature of Jurisprudential Debate
Authors: Bix Brian
Published: July 2016

Legal positivism, like breakfast cereal, seems to come in a wide variety of brands, with modest variations in the ingredients. Each brand offers slightly different promises as to the benefits of choosing it over its competitors. The question for the tired morning consumer is whether anything important is at stake in the choice,’ or whether he or she should just choose whatever is handy or on sale that month. In this article, I will consider some of the debates within legal positivism, and some of the disputes between legal positivism and its critics, as a means of exploring some more general issues regarding the process of theorizing about law. In discussing the internal debates within legal positivism, I will focus on the debate between inclusive and exclusive forms of positivism, though there are numerous other, if lesser known, intra-group squabbles to be found, which are also of interest and warrant attention.
Also Among the Prophets: Some Rejoinders to Ronald Dworkin’s Attacks on Legal Positivism
Authors: Kramer Matthew
Published: July 2016

No one familiar with Ronald Dworkin’s work can fail to be aware of his view that jurisprudence and law are both fundamentally enterprises of moral justification. Throughout his writings, Dworkin has resolutely set himself against the legal-positivist insistence on the separability of law and morality. The present essay critically explores the arguments and assumptions that underlie his stance.
The Rule of Law: The New Leviathan?
Authors: Taiwo Olufemi
Published: July 2016

These are the best of times for the Rule of Law. In all parts of the world, states, governments, and individuals, have found in the rule of law, at various times, a rallying cry, a principle of social ordering that promises the dawn of a just society that its supporters in Euro-American democracies claim to be its crowning glory, or a set of practices that is a sine qua non of a good society. The pursuit of the ideal is nothing new: after all, even those states where it was observed more often in its breach always paid lip service to it. And the defunct socialist countries of Eastern Europe, while they existed, could not escape its lure even as they sought to give it a different nomenclature—socialist legality. The movement towards the rule of law has accelerated after the collapse of Soviet communism and its foster progeny in different parts of the world. Given the present momentum towards the rule of law and the widespread enthusiasm with which it is being embraced and pursued at the global level, some would consider it somewhat churlish for anyone to inject any note of doubt or caution. This is more so when such a note emanates from Marxist quarters. But that is precisely what I wish to do in this essay. Although I do not intend to rain on the rule of law’s entire parade, I surely propose to rain on a segment of it: the Marxist float. I propose to look at the issue within the context of the Marxist politico-philosophical tradition.
Law, Autonomy, and Reason
Authors: Halpin Andrew
Published: July 2016

Joseph Raz’s recent discussion of law’s autonomy and public practical reasons, in response to an essay by Gerald Postema, provides further illumination of Raz’s own view of the nature of law; it forcefully challenges Postema’s purported identification of the defining task of law; and it clarifies the relationships between a number of strands, or theses, that enter the debate over an appropriate theoretical model for law. It is not necessary to locate this discussion within the more general setting of the conflict between Natural Law and Positivism—nor is it in any case clear that that sharp contrast is sustainable. Within the traditionally accentuated divide between Natural Law and Positivism, to talk of the autonomy of law would be taken as a simple positivist proclamation against the subjugation of law to moral standards. What emerges from Raz’s article is a subtle interplay between different characteristics and expressions of the law, which is capable of entertaining moral influence and social objective whilst retaining clear theses that seek to capture the distinctively legal nature of the phenomenon under investigation.

In Raz’s recent article, the distinctive nature of law is still linked to an idea of autonomy expounded in terms of the sources thesis and the pre-emption thesis. The former identifies legal materials with legal sources free from the constraints of a further evaluative check, and the latter provides legal reasons to act for those subject to the law free from the consideration of further extra-legal factors. The greater sophistication of this concept of autonomy rests on the allowance Raz gives to the impact of moral factors and issues of social cooperation on legal reasoning, and his acknowledgment that legal reasoning itself is not autonomous.
The Passionate Legal Debates of the Early Years of the Russian Revolution
Authors: Head Michael
Published: July 2016

The Russian Revolution of October 1917 marked the first large-scale attempt to fundamentally reorganize economic, social and legal life along egalitarian lines. In relation to legal theory and practice, the revolution launched the boldest experiment of the 20th century, accompanied by passionate, free-ranging and scholarly debates. Lenin’s government initially sought to fashion a radically new approach to the state, law and legal theory, with some striking results in the fields such as criminal and family law. Moreover, it attempted to create the conditions for the ultimate fading away (“withering away”) of law and the state. These achievements offer insights for the future, notwithstanding the subsequent degeneration under Stalin.
Should Any Court Accept the “Social Authority” Paradigm?
Authors: Nowlin Christopher
Published: July 2016

Monahan and Walker have proposed that American judges should fundamentally alter the way they receive and assess social science evidence in court, by treating social science research as “law-like” or authoritative when certain professional research criteria are met. Strict application of the stipulated criteria to various kinds of social science research introduced into American and Canadian courts reveals, however, that such research can seldom be considered authoritative in the way Monahan and Walker imagine. Accordingly, as a general rule judges should be reluctant to apply Monahan and Walker’s “social authority” model to the courtroom resolution of difficult questions of social, economic, and cultural or historical facts.
The Curious Case of Exclusionary Reasons
Authors: Mian Emran
Published: July 2016

This article explores Joseph Raz's concept of exclusionary reasons and attempts to explain how this concept fits into a general account of the authority of law. That account is elucidated and the concept of exclusionary force is considered in some detail. The article suggests that if ‘exclusion’ is read in a strong sense, it is extremely difficult to find examples of its existence. If though it is read in any weaker sense, it appears indistinguishable from the idea of ‘weight’. The article also considers the phenomenological, functional and ultimately, the existential reasons in favour of saying, as Raz does, that all legal authorities make their claims to authority in terms of exclusionary reasons. It is argued that this is both unlikely and unnecessary. The curious nature of exclusionary reasons is hence thoroughly unearthed.
Equality and Egalitarianism: Framing the Contemporary Debate
Authors: Griffith William B.
Published: July 2016

For really I think that the poorest he that is in England hath a life to live, as the greatest he....

Col. Rainborough, in the Putney Debates (1647)

The ideal of equality is one of the great themes in the culture of American public life…from the earliest colonial beginnings, equality has been a rallying cry, a promise, an article of national faith.

K. Karst(1989)

…[T]he error of believing that there are powerful moral reasons for caring about equality is far from innocuous. In fact this belief tends to do significant harm.

H.Frankfurt (1987)

Is equality the name of one coherent program or is it the name of a system of mutually antagonistic claims upon society and government?

D. Raeetal. (1981)

The purpose of this paper is to attempt to lay out a framework, both analytical and historical, in terms of which deeply conflicting and surprisingly complicated claims about equality and egalitarianism may be discussed. My aim is to help to make more intelligible what is at issue in contemporary disputes, and hence what kinds of arguments and evidence bear on and might illuminate these competing claims. I then exploit this conceptual framework to sketch a way of organizing some of the voluminous literature in the on-going debate about equality, that is, to bring into focus thedimension(s)in which the issues are being joined, and from whichhistorical traditionan argument emerges, in hopes of clarifying these debates.
A Feminist View of Equality and Its Implications for Affirmative Action
Authors: Koggel Christine M.
Published: July 2016

Affirmative action generates so much controversy that very often proponents and opponents both fail to understand the other’s position. A recent work by Michel Rosenfeld convincingly argues that the incommensurability of the opposing sides is based on fundamental disagreements about the meaning of such concepts as equality and justice: “the affirmative action debate is not between persons who are ‘pro-equality’ and others who are ‘anti-equality’. Both the most ardent advocates of affirmative action and its most vehement foes loudly proclaim their allegiance to the ideal of equality.” Within a liberal framework, two conceptions of equality are commonly defended—formal and substantive equality of opportunity. Both conceptions assume background conditions of the scarcity of goods, a need to compete for educational, social and economic benefits, and the value of rewards for fair competition as a means to individual self-development and self-realization. In the first section, I outline each conception briefly, summarize the sorts of affirmative action each defends, and show that the irreconcilability of the opposing sides is ultimately grounded in different conceptions of the self. I then go on to argue that both conceptions limit our understanding of selves and ultimately constrain attempts to achieve equality in a context in which individuals are also members of groups with identities formed in historical contexts of discrimination.