title: To medicate or not to medicate? Exchange, identity and care in everyday household medication practices

authors: Hayward, Brooke Particia

subjects: Medication

abstract: In contemporary societies, medications are one of the most commonly used resources for the prevention, treatment, or cure of illness and disease (Shoemaker & de Oliveira, 2008). Despite this, there is a lack of understanding about how medications are used and understood by lay persons in private domestic dwellings. This research explores the medication experiences, understandings, and practices enacted by mothers caring for their chronically ill children. Four households containing children with chronic illness were involved in this qualitative interpretive research. Semi-structured interviews, mapping, diary keeping, and photo-production exercises were utilised to explore the ways in which medications are implicated in caring practices enacted by the mothers. Giddens’ (1984) structuration theory and the concept of ‘gift exchange’ provide the theoretical foundation for this thesis. This research indicates that the medication understandings and beliefs held by the participants are central to the construction of everyday caring medication practices. These beliefs and practices are not fixed or homogeneous, but complex and changeable; reflecting differing contexts, experiences, and forms of knowledge. The agency of parents as they conceptualise ‘care’ and choose to embrace or resist medication use, challenges the notion of ‘passive’ medication consumers. As the use of medication impacts many relationships within and outside of the confines of the household, this thesis highlights the social and symbolic nature of medications. The relationship between a parent and child is central to medication use, but medical decisions made by parents also implicate various other individuals, including health professionals and lay persons. The findings point to the need for health policy which acknowledges and is responsive to, the shifting health needs and understandings of the lay population.

text: To medicate or not to medicate? Exchange, identity and care in everyday household medication practices In contemporary societies, medications are one of the most commonly used resources for the prevention, treatment, or cure of illness and disease (Shoemaker & de Oliveira, 2008). Despite this, there is a lack of understanding about how medications are used and understood by lay persons in private domestic dwellings. This research explores the medication experiences, understandings, and practices enacted by mothers caring for their chronically ill children. Four households containing children with chronic illness were involved in this qualitative interpretive research. Semi-structured interviews, mapping, diary keeping, and photo-production exercises were utilised to explore the ways in which medications are implicated in caring practices enacted by the mothers. Giddens’ (1984) structuration theory and the concept of ‘gift exchange’ provide the theoretical foundation for this thesis. This research indicates that the medication understandings and beliefs held by the participants are central to the construction of everyday caring medication practices. These beliefs and practices are not fixed or homogeneous, but complex and changeable; reflecting differing contexts, experiences, and forms of knowledge. The agency of parents as they conceptualise ‘care’ and choose to embrace or resist medication use, challenges the notion of ‘passive’ medication consumers. As the use of medication impacts many relationships within and outside of the confines of the household, this thesis highlights the social and symbolic nature of medications. The relationship between a parent and child is central to medication use, but medical decisions made by parents also implicate various other individuals, including health professionals and lay persons. The findings point to the need for health policy which acknowledges and is responsive to, the shifting health needs and understandings of the lay population.

year: 2011

title: Solvency, company directors’ duties and the problem of process and enforcement - A comparative study

authors: Mansor, Hariati

subjects: separate legal entity

abstract: This study examines the legal provisions in relation to creditors’ protection, particularly when the company is insolvent and seeks to compare different statutory approaches with the view of determining the best reforms for Malaysia. Three jurisdictions have been chosen; the United Kingdom, New Zealand and Australia as the basis of comparison due to similar legal history as these countries have often been referred by the Malaysian Courts to assist in the interpretation of the law. To determine the question of creditors’ protection, the thesis will address several main issues. Firstly, the thesis examines the relationship between separate legal entity and limited liability. To do so it questions the circumstances when directors will be personally liable for the debt of the company and the extent to which they are liable. The issue will be explored in the light of the shareholder primacy theory which forms the basis of company law. Directors’ duties therefore are developed with the view of protecting shareholders; and the failure to do so will cause directors to be personally liable. The thesis also considers the arguments for stakeholders’ theory which mandates directors to take account of other stakeholders’ interests in addition to shareholders’ when making decisions. Secondly, it also investigates on how the piercing of the corporate veil and imposing liability on directors will provide protection to creditors especially when the company is insolvent. In order to do so, it scrutinizes the legislative initiatives on the issue as well as the judicial response to the statute. The thesis traces the reforms of the historical doctrine of capital maintenance and the use of solvency test as a replacement to protect creditors. It also provides comprehensive analyses of the law on the issue of remedies in order to ascertain whether the current legal provisions are adequately to protect creditors.

text: Solvency, company directors’ duties and the problem of process and enforcement - A comparative study This study examines the legal provisions in relation to creditors’ protection, particularly when the company is insolvent and seeks to compare different statutory approaches with the view of determining the best reforms for Malaysia. Three jurisdictions have been chosen; the United Kingdom, New Zealand and Australia as the basis of comparison due to similar legal history as these countries have often been referred by the Malaysian Courts to assist in the interpretation of the law. To determine the question of creditors’ protection, the thesis will address several main issues. Firstly, the thesis examines the relationship between separate legal entity and limited liability. To do so it questions the circumstances when directors will be personally liable for the debt of the company and the extent to which they are liable. The issue will be explored in the light of the shareholder primacy theory which forms the basis of company law. Directors’ duties therefore are developed with the view of protecting shareholders; and the failure to do so will cause directors to be personally liable. The thesis also considers the arguments for stakeholders’ theory which mandates directors to take account of other stakeholders’ interests in addition to shareholders’ when making decisions. Secondly, it also investigates on how the piercing of the corporate veil and imposing liability on directors will provide protection to creditors especially when the company is insolvent. In order to do so, it scrutinizes the legislative initiatives on the issue as well as the judicial response to the statute. The thesis traces the reforms of the historical doctrine of capital maintenance and the use of solvency test as a replacement to protect creditors. It also provides comprehensive analyses of the law on the issue of remedies in order to ascertain whether the current legal provisions are adequately to protect creditors.

year: 2011

title: Tino rangatiratanga in health policies and practises

authors: Wihongi, Helen Annette

subjects: tino rangatiratanga

abstract: The purpose of my doctoral research was to investigate tino rangatiratanga in health policies and practises in Aotearoa. My research involved defining tino rangatiratanga and exploring the expression of tino rangatiratanga in health policy and practises. A kaupapa Māori analysis of the 1996 National Cervical Screening Programme’s Policy document was at the core of the policy investigation. The analysis involved developing a kaupapa Māori analysing framework and then analysing the 1996 National Cervical Screening Policy document for empirical and normative judgements at four discursive levels, health gains, health objectives, health goals and fundamental underlying values. A Kaupapa Māori research design drew on interdisciplinary scholarship on colonisation, Te Tiriti o Waitangi, community psychology, public policy, disability theory, feminist theory and discourse theory.

I argue that the dominance of Western cultural norms and state-directed policies were made possible by the signing of Te Tiriti o Waitangi. The signing of Te Tiriti saw Crown sovereignty being implemented and tino rangatiratanga ignored. The consequences for Māori have been disastrous with loss of land and economic base which has resulted in poor health status. I also argue that tino rangatiratanga has the potential to transform the social and political context that frame Aotearoa society. Such an approach raises a critical dilemma for the state as meaningful recognition of tino rangatiratanga requires waiving full and absolute sovereignty which currently resides in the state. Hence some scholars argue that tino rangatiratanga is a site for constructive engagement where state and Māori relationships can be renegotiated. The extent to which this potential for constructive engagement is being realised in however is inadequately explored in the scholarly literature. Exploring the relationships between tino rangatiratanga and health policies and practises as undertaken in my thesis will therefore contribute to scholarly knowledge on the subject.

The findings from the research show that tino rangatiratanga is indeed a complex, fluid, multi-faceted and context related concept. Within the context of my research, tino rangatiratanga is defined as Māori sovereignty, self determination, and positive Māori development. As a Māori value it is about mana and tapu of rangatira or leadership personified. Within policies, tino rangatiratanga has emerged through resistance and demonstration and is actualised through Tiriti legislation and policies.

The legitimation of tino rangatiratanga in cervical screening services sees Māori leadership at national, regional and local levels and Māori involvement through wide ranging consultation but the Crown still controls the policy process and therefore the outcomes. Most cervical screening services are still owned and operated by the Crown or Crown agencies.

One of the consequences of Crown control is that Māori women are still twice as likely to get cervical cancer and four times more likely to die from it. To some degree this may be the result of resource allocation and the result of discriminatory service practices but also the result of resistance to the procedure itself.

Tino rangatiratanga within cervical screening services could be strengthened through iwi ownership of some cervical screening register sites. At the time of my field work (2000) there were 14 sites, all owned and operated by Crown agents. Tino rangatiratanga could also be strengthened through funding criteria that ensure practitioners are safe to practise, through the adoption of less invasive procedures and through the legitimation of Māori healing practises such as rongoā and karakia.

Overall if tino rangatiratanga is to be given full effect within the policy domain Māori must have a well established asset base, they must be in control of the decision making making process including resource allocation, service delivery must address the diversities of Māori realities and Māori must be the recipients of policy decisions made.

text: Tino rangatiratanga in health policies and practises The purpose of my doctoral research was to investigate tino rangatiratanga in health policies and practises in Aotearoa. My research involved defining tino rangatiratanga and exploring the expression of tino rangatiratanga in health policy and practises. A kaupapa Māori analysis of the 1996 National Cervical Screening Programme’s Policy document was at the core of the policy investigation. The analysis involved developing a kaupapa Māori analysing framework and then analysing the 1996 National Cervical Screening Policy document for empirical and normative judgements at four discursive levels, health gains, health objectives, health goals and fundamental underlying values. A Kaupapa Māori research design drew on interdisciplinary scholarship on colonisation, Te Tiriti o Waitangi, community psychology, public policy, disability theory, feminist theory and discourse theory.

I argue that the dominance of Western cultural norms and state-directed policies were made possible by the signing of Te Tiriti o Waitangi. The signing of Te Tiriti saw Crown sovereignty being implemented and tino rangatiratanga ignored. The consequences for Māori have been disastrous with loss of land and economic base which has resulted in poor health status. I also argue that tino rangatiratanga has the potential to transform the social and political context that frame Aotearoa society. Such an approach raises a critical dilemma for the state as meaningful recognition of tino rangatiratanga requires waiving full and absolute sovereignty which currently resides in the state. Hence some scholars argue that tino rangatiratanga is a site for constructive engagement where state and Māori relationships can be renegotiated. The extent to which this potential for constructive engagement is being realised in however is inadequately explored in the scholarly literature. Exploring the relationships between tino rangatiratanga and health policies and practises as undertaken in my thesis will therefore contribute to scholarly knowledge on the subject.

The findings from the research show that tino rangatiratanga is indeed a complex, fluid, multi-faceted and context related concept. Within the context of my research, tino rangatiratanga is defined as Māori sovereignty, self determination, and positive Māori development. As a Māori value it is about mana and tapu of rangatira or leadership personified. Within policies, tino rangatiratanga has emerged through resistance and demonstration and is actualised through Tiriti legislation and policies.

The legitimation of tino rangatiratanga in cervical screening services sees Māori leadership at national, regional and local levels and Māori involvement through wide ranging consultation but the Crown still controls the policy process and therefore the outcomes. Most cervical screening services are still owned and operated by the Crown or Crown agencies.

One of the consequences of Crown control is that Māori women are still twice as likely to get cervical cancer and four times more likely to die from it. To some degree this may be the result of resource allocation and the result of discriminatory service practices but also the result of resistance to the procedure itself.

Tino rangatiratanga within cervical screening services could be strengthened through iwi ownership of some cervical screening register sites. At the time of my field work (2000) there were 14 sites, all owned and operated by Crown agents. Tino rangatiratanga could also be strengthened through funding criteria that ensure practitioners are safe to practise, through the adoption of less invasive procedures and through the legitimation of Māori healing practises such as rongoā and karakia.

Overall if tino rangatiratanga is to be given full effect within the policy domain Māori must have a well established asset base, they must be in control of the decision making making process including resource allocation, service delivery must address the diversities of Māori realities and Māori must be the recipients of policy decisions made.

year: 2010