bluuebunny/crossref_metadata_2025_split huggingface dataset:
Counselling Young People Towards Sexual Maturity
Authors: Rusterholz Caroline 
Published: May 2024

Abstract
Chapter 6 looks at the content and evolution of counselling services. It explores what Brook members defined as the key components and values underpinning counselling. It argues that Brook pioneered a new form of counselling where trust, confidentiality, and a non-judgmental attitude (at least in front of the client) were paramount elements. It then moves on to analyse in detail the three types of counselling offered in the centres. By looking closely at the content of the sexual counselling and medical guidance, it identifies norms around a model of ‘good’ and ‘bad’ sexual behaviours and how these norms were class-based and racialized. In addition, the chapter looks at the methods prescribed to the patients and what they were told about ‘responsible’ sexual behaviours.
The Framework of the Human Rights Act
Authors: Wadham John , Mountfield Helen , Desai Raj , Hannett Sarah , Jones Jessica , Mitchell Eleanor , Wills Aidan 
Published: May 2024

Abstract
This chapter provides a summary of the effects of the Human Rights Act and its status as a statute of special constitutional significance. The chapter examines the key provisions of the Act and how these provisions have been interpreted and applied by the domestic courts. This includes the definition and interpretation of Convention rights (s 2) and the so-called 'mirror principle'; the duty to interpret legislation compatibly with Convention rights (s 3); the making of declarations of incompatibility (s 4); the requirement on ministers to make statements of compatibility in respect of Bills (s 19); the duty on public authorities to act compatibly with Convention rights and the associated definition of a public authority (s 6); and judicial remedies (ss 7 and 8). The chapter also discusses the interplay between these provisions and the relationship between the Human Rights Act and the common law.
Beyond the Domestic Courts: Taking a Case to Strasbourg
Authors: Wadham John , Mountfield Helen , Desai Raj , Hannett Sarah , Jones Jessica , Mitchell Eleanor , Wills Aidan 
Published: May 2024

Abstract
This chapter examines how to take a case to the European Court of Human Rights. It looks first at the structure and jurisdiction of the Court, before going on to examine the issues involved in making an application to the Court, including rules on urgent cases, interim measures, and the Court’s case priorities. The chapter discusses strict admissibility rules, who can claim to be a victim of a violation of the ECHR, who is the respondent, and the limitations on a state’s jurisdiction. Amongst many other issues, it also discusses the need to exhaust of domestic remedies and examines the strict four-month time limit for applications. The chapter also considers advisory opinions from Court, as well considering how cases in Strasbourg are funded. Finally, the chapter looks at the implementation and enforcement of judgments, both for the applicant and in terms of any consequential systemic change by the Committee of Ministers and its staff.
The Fundamentals of Reasons
Authors: Schroeder Mark , Howard Nathan 
Published: May 2024

Abstract
The concept of a reason is now unavoidable in many areas of contemporary philosophy. Central theses in ethics, epistemology, political philosophy, philosophy of action, and the philosophy of the emotions, among others, have come to be framed in terms of reasons. And yet, despite their centrality, theorists seem to take inconsistent things for granted about how reasons work, what kinds of things can be reasons, what reasons favor, and more. Somehow reasons have come to be both indispensable and impenetrable. The Fundamentals of Reasons offers a comprehensive introduction to contemporary discussions of normative reasons in philosophy. Focusing on the twin roles of reasons in explanation and deliberation, the book not only emphasizes what has made reasons central across philosophy but it also explores why philosophers have such incompatible pictures about what reasons are and how they work. Working from the inside out, Howard and Schroeder identify contentious assumptions about not only the internal structure of reasons but also their relationship to other important concepts, and then show how these contentious assumptions shape the many downstream applications of reasons in ethics, epistemology, political philosophy, and beyond. The Fundamentals of Reasons’ mildly opinionated exploration of key questions about the significance and nature of reasons helps navigate the sprawling contemporary discussion of why reasons seem important and what their import, ultimately, is.
Structure
Authors: Robert Howard Nathan , Schroeder Mark 
Published: May 2024

Abstract
This chapter completes our survey of the internal structure of the ‘reason’ relation by considering different views about other possible relata of the normative ‘reason’ relation. The idea that ‘reason’ claims are all relative to weights is considered and rejected. Several motivations are considered for the idea that ‘reason’ claims are all relative to questions or contrast classes. And the possibility that ‘reason’ claims are relative to ends or objectives is motivated and contrasted with the dual-aspect theory of the substance of reasons. Philosophical consequences of the answers to these questions for reductive metaethical naturalism and other topics are discussed.
Objective and Subjective Reasons
Authors: Robert Howard Nathan , Schroeder Mark 
Published: May 2024

Abstract
This chapter opens Part 2: Province of the book, which moves outward from the internal workings of reasons and explores the relationships between reasons and other closely related concepts. In this chapter we explore the relationship between objective and subjective reasons. The idea that objective and subjective reasons correspond to two distinct dimensions of normative assessment is introduced, as well as the framework of thinking of subjective reasons as imposing some perspective. Two components of the perspective behind subjective reasons are distinguished—the mind-to-world, and the world-to-mind. And the relative priority of objective and subjective reasons is explored, focusing on obstacles both to the view that subjective reasons are analyzable in terms of objective reasons, and the contrary view that objective reasons are analyzable in terms of subjective reasons. Both of these views are contrasted with the much-less-appreciated common core account, on which both objective and subjective reasons are analyzable in terms of a common core.
What Can Analyze Reasons?
Authors: Robert Howard Nathan , Schroeder Mark 
Published: May 2024

Abstract
This chapter continues our task in Part 3 of considering the place for reasons in normative theory more broadly by considering what other normative properties or relations we can or should use to analyze reasons. Special attention is paid throughout to the constraint set by the relationship between our answer to this question and whatever answer we give to the question from Chapter 9 about what we should use reasons to analyze. Telic analyses of reasons in terms of the promotion of desires or values are considered and problems raised about the connection between these ideas and the debate between consequentialism and deontology as well as arguments for metaethical relativism and the error theory. Non-telic analysis of reasons in terms of ‘good’ are introduced, and the idea that normative reasons are in some sense good motivating reasons is explored in greater detail and connected to the Reasoning View from Chapter 8. Questions are raised about various formulations of the Reasoning View that put pressure on whether it must appeal to something that looks like reasons.
Weights
Authors: Robert Howard Nathan , Schroeder Mark 
Published: May 2024

Abstract
This chapter continues our task in Part 3 of considering the place of reasons in normative theory more broadly. In this chapter we consider some of the complications that arise in thinking about how reasons weigh against one another in determining or explaining what we ought to do. The chapter takes up what we call the epiphenomenal challenge, a worry that once we see that what does the work in the competition of reasons against one another, we can see that all that matters is the weights of reasons, and reasons themselves wash out of the explanation as epiphenomenal. The connection between this challenge and the view that it is the mass noun, rather than the count noun, use of ‘reason’ that is central is explored, and an alternative picture is tentatively explored that might provide one kind of answer to the epiphenomenal challenge.
Introduction
Authors: Weir Allison 
Published: May 2024

Abstract
This book re-encounters and reconstructs a tradition of Indigenous relational freedom as a distinctive political conception of freedom: a mode of engagement and participation in social and political relations with an infinite range of strange and diverse beings perceived as free agents in interdependent relations in a shared world. Written from a settler perspective, the book argues that decolonization, for all of us, depends upon revaluing Indigenous philosophies of relational freedom. Drawing on work by John Borrows, Leanne Betasamosake Simpson, and many others, this Introduction sketches the central arguments and outlines the chapters: Noninterference, Nondomination, and Colonial Unknowing: Mis-encounters with Indigenous Relational Freedom; For Love of the World: Relational Freedom as Love of Land; Dancing Resistance, Re-creating the World: Philoxenic Relational Freedom; Freedom and Love: A Speculative Genealogy; Colonial Unknowing and Heterogeneous Relationalities: Alternative Formations of Power, Knowledge, and Freedom; Indigenous Feminisms and Relational Rights; Critical Theory and the Spirit of Freedom.
Noninterference, Nondomination, and Colonial Unknowing
Authors: Weir Allison 
Published: May 2024

Abstract
Hobbes’s formulation of freedom as noninterference inaugurated a long tradition of colonial unknowing that can be traced through contract theories as well as republican and critical theories: the definition of freedom through a disavowal of relations to Indigenous peoples. For the early American settlers, Indigenous peoples were exemplars of unprecedented freedoms that were both idealized and feared. This chapter traces conceptions of freedom rooted in misperceptions of Indigenous freedoms and argues for dialogical re-encounters among Western and Indigenous understandings of freedom. Engaging with work by a range of theorists, including Dennis McPherson and Douglas Rabb, Lorraine Mayer, John Borrows, Robert A. Williams Jr., Robert Nichols, Donald Grinde and Bruce Johansen, Patricia Monture, Leanne Simpson, Iris Young, Philip Pettit, and Quentin Skinner, this chapter elucidates Indigenous relational freedom as a political theory and practice of freedom in interdependent relations, drawing together individual autonomy, democratic governance, national sovereignty, and resurgent politics of decolonization.
Colonial Unknowing and Heterogeneous Relationalities
Authors: Weir Allison 
Published: May 2024

Abstract
Colonial unknowing works to delegitimize Indigenous claims to land by disavowing philosophies and political systems of relation to land as alternative formations of knowledge, power, and freedom. If colonization is dependent on a disavowal of legitimate claims to land, then it is tied also to dismissal and rejection of the philosophies and politics of rooted relationality that ground those claims. This chapter addresses misperceptions of Indigenous philosophies of relation to land as essentialist affirmations of fixed and homogeneous traditions. Against these misperceptions, Indigenous critical theories formulate relations to land in philosophies and politics of heterogeneous relationalities and rooted dynamisms. This chapter takes up formulations of heterogeneous relationalities in interrelated theories of knowledge, freedom, self-identity, collective identity, and political governance, to argue that a polycentric understanding of knowledge as dispersed among interdependent beings and an understanding of freedom as participation in relations of interdependence support a radically democratic coalitional politics of decolonization.
Indigenous Feminisms and Relational Rights
Authors: Weir Allison 
Published: May 2024

Abstract
This chapter considers the struggles of Indigenous women against the violation of their rights to participate in the governance of their communities in Canada, to argue that Indigenous women have formulated unique conceptions of relational rights. The systematic disempowerment of Indigenous women has been central to the colonial strategy of erosion of Indigenous relations to land. Against the liberal feminist position that individual rights and gender equality rights must supersede Indigenous claims to collective self-determination, and against the Indigenous antifeminist position that individual and gender equality rights undermine collective self-determination, and defying the opposition between Indigenous resurgence and rights politics, Indigenous women’s movements have mobilized unique formulations of rights rooted in principles of Indigenous relationality. This chapter draws on work by Joanne Barker, Kiera Ladner, Rauna Kuokkanen, Sharon McIvor, Bonita Lawrence, Joyce Green, Patricia Monture, the Native Women’s Association of Canada, the Women’s Earth Alliance, and Native Youth Sexual Health Network.
States of Health for Bioethics
Authors: Francis Leslie P. , Francis John G. 
Published: May 2024

Abstract
U.S. states vary starkly on basic measures of health, from infant mortality to life expectancy. States also differ significantly on views about abortion, decision-making at life’s end, access to health care, and the respective roles of states and the federal government with respect to health care and public health. The constitutional structure in the United States enumerates powers to be exercised at the federal level but leaves responsibility for public health and the regulation of health care principally to the states. Nonetheless, ethical disagreements do not neatly track state lines. Bioethics has paid insufficient attention to differences in views about health or to the political structures within which they occur.
The Federal Government, the States, and Health Inequalities
Authors: Francis Leslie P. , Francis John G. 
Published: May 2024

Abstract
The U.S. federal government pays for health care for over one-third of the U.S. population. Through its spending power, the federal government also imposes ethical standards: requirements to provide emergency care, to inform patients about advance directives, and to protect confidentiality of health information. It also severely restricts the use of federal funds for abortions. To date, it has not enticed states with almost a third of the U.S. population to expand their Medicaid programs. Nearly one-half of Americans receive health insurance from their employers, and federal law strips away the ability of states to regulate employer health plans. States, therefore, have been largely ineffective in addressing health care costs or expanding access to health care. If justice requires access to at least a minimum of health care, the United States thus may have one of the less desirable of federalist worlds. Affordable Care Act, Medicare, Medicaid, Spending Power, commerce clause, ERISA, EMTALA, pay or play
Intimate Partner Violence and Family Dispute Resolution
Authors: Olson Kelly Browe 
Published: May 2024

Abstract
This chapter will help practitioners understand the complexities of using family dispute resolution (FDR) processes with families who have experienced some form of intimate partner violence (IPV). It includes an overview of IPV and a brief discussion of the history of domestic violence within the context of dispute resolution processes, including the gaps between law, social science, and practice. It discusses how the presence and echoes of domestic violence in a relationship may impact the parties’ abilities to effectively negotiate with each other throughout the continuum of dispute resolution processes. It recommends that cases that involve coercive control should not be mediated and that other cases impacted by domestic violence should be conducted with additional safeguards. The chapter will also describe the importance of screening, including several screening tools that are helpful for mediators and other FDR professionals to use throughout the life of a family law case. Finally, it will address the impact of IPV on additional FDR processes and online dispute resolution and the need for more IPV training and education for all FDR professionals.
Working With Clients With High-Conflict Personalities
Authors: Eddy Bill 
Published: May 2024

Abstract
This chapter explains some of the dynamics of high-conflict personalities in family law matters and why they need a different approach by dispute resolution professionals, and several problem-solving tools are offered. High-conflict personalities present in family disputes with repeated patterns of dysfunctional interpersonal behavior that often overlap with personality disorders. Understanding these disorders can assist family dispute resolution (FDR) professionals while working with high-conflict clients in resolving their cases out of court. These methods include not trying to give high-conflict clients insight into themselves, not over-emphasizing the past, and avoiding emotional escalations. Tools include a calming method (EAR Statements) and a four-step decision-making process which includes a three-step method for respectfully making and responding to proposals. By engaging the parents in such problem-solving tasks, they generally remain more calm, get credit for their own decisions, and appear more likely to follow them.
The Evolving Role of Lawyers in Family Dispute Resolution
Authors: Kaas and Carolyn Wilkes , McCormack Beth Fawver 
Published: May 2024

Abstract
This chapter examines the role of lawyers as client advocates in family dispute resolution (FDR). It explores the current state of advocacy and the hope for its continued evolution. It posits that family lawyers should consider themselves problem-solvers and actively participate in innovative FDR processes. It discusses the importance of professionals and parties understanding the negative impact of conflict on families, and especially children, and the numerous benefits of cooperative co-parenting. It looks at the role of lawyers in various dispute resolution modalities, focusing on collaborative law and mediation, and the need for family lawyers to become skilled negotiators. The chapter calls for lawyers to increase their participation in mediation alongside their clients and for a larger role for the interests of children in FDR processes. It describes and challenges family lawyers to understand the range of dispute resolution options available and to embrace their ethical duty to discuss those options thoroughly with every client, and it urges FDR lawyers to find ways to make their innovative approaches affordable to all clients.
Dispute Resolution Challenges for Families With a Child With Special Needs
Authors: Kaufman Robert L. , Pickar Daniel B. 
Published: May 2024

Abstract
Family courts are seeing an increasing number of separating and divorcing parents who have a child with special needs. Family dispute resolution (FDR) professionals must be prepared to deal with the unique challenges posed by these families. FDR interventions should be grounded in and informed by the specific and oftentimes unique needs of these children. Typical developmentally based parenting plans may not be suitable when the child’s disorder or condition is moderate to severe. FDR can take several forms. This chapter provides guidance for how to match the FDR modality with the specific needs of these families. The chapter also suggests ways that FDR professionals can implement creative approaches to shifting problematic parent dynamics.
Case Management in the Family Courts
Authors: Saini Michael 
Published: May 2024

Abstract
A growing number of calls have been made to reform the family courts. Families involved in the courts can expect a frustrating, time-consuming, and expensive experience when seeking to settle their personal matters in the family court. Significant delays and backlogs in the courts can negatively impact access to services in a timely and cost-efficient manner. At the same time, there is growing awareness of the negative consequences of high-conflict separation and divorce on children, effects undoubtedly exacerbated by protracted litigation. Given the complexity of factors associated with different levels of conflict and the growing reliance on the courts to solve intractable conflicts, there needs to be a more comprehensive approach to intervening with these families. With the focus on modernizing the family courts to better respond to the diversity of family experiences, this chapter focuses on case managing options and family dispute resolution services that can be targeted to the unique needs of families involved in the family courts.
Court and Community Planning for Family Dispute Resolution
Authors: Schepard Andrew , Pruett Marsha Kline , Salem Peter 
Published: May 2024

Abstract
This chapter proposes a planning process for family dispute resolution’s (FDR’s) integration into a community-based dispute resolution system for separating and divorcing families. FDR’s proven worth includes facilitating family self-determination, conserving family emotional and economic resources, and serving the best interests of children by encouraging parents to problem-solve rather than recriminate. FDR saves judicial resources by removing cases from the court and diverting them to more appropriate dispute resolution forums. It has gained wide acceptance in the legal community and with stakeholders, yet FDR activities remain isolated entities, underfunded and underutilized. This chapter gives examples of successful integrated planning for FDR at national, state, and local levels; describes the phases and objectives for the planning process to ensure that every family has access to high-quality FDR, and articulates the judge’s leadership role in facilitating its success.
Implementing Online Dispute Resolution in Family Court
Authors: Shack Jennifer , Shestowsky Donna 
Published: May 2024

Abstract
This chapter draws on the first neutral evaluation of a family court online dispute resolution (ODR) system in the United States to recommend steps courts can take to enhance their ODR programs. After reviewing arguments both in favor and against the use of ODR for the resolution of legal disputes, the authors share some key findings from their evaluation of a post-judgment text-based ODR program. These findings affirm the view that ODR’s potential as a convenient and effective process for resolving family law disputes when parties have access to, and are comfortable with, technology. However, they also uncover barriers to access, such as inadequate information available to parties, ODR platform technological limitations, and lack of internet availability for otherwise eligible parties. The chapter concludes by suggesting concrete ways that courts might ensure greater access to services and uphold party self-determination.