‘Disability’ and ‘Discrimination’ in the Context of Disability Discrimination Legislation: The UK and Australian Acts Compared

2000 ◽  
Vol 4 (3) ◽  
pp. 203-245 ◽  
Author(s):  
Jennifer Hamilton

Both the Commonwealth of Australia and the UK now have in place anti-disability discrimination legislation. In the example of the Commonwealth, that legislation reflected a positive desire by the community and the government to eliminate disability discrimination in public life. In the UK on the other hand, the legislation introduced represented something of a compromise between activists, who wanted stronger legislation, and the government who up until that point had wanted none. Historically anti-discrimination legislation in both jurisdictions has been similarly structured; containing similar grounds of discrimination and also a similar conceptualisation of discrimination. However, partly no doubt as a result of government antipathy, the UK model of legislation departs from the model used in earlier antidiscrimination legislation in a number of key respects: the legislation contains a new conceptualisation of discrimination; and, it introduces for the first time in antidiscrimination legislation a general ‘defence’ of justification for all forms of discrimination. Additionally, the definition of ‘disability’ employed in the Act is very narrow, concentrating upon a person's functional limitations in relation to ‘normal’ activities. The purpose of this article is to contrast the concepts of ‘disability’ employed in the Acts, and to consider the effectiveness of both the ‘traditional’ and the new conceptualization of discrimination contained in the Commonwealth and UK Acts respectively. While disability under the UK Act is reflective of the government's antipathy to the new legislation, the reconceptualization of discrimination is, on the whole, a positive feature, moving away from the principle that equality equals ‘sameness’, to one which gives recognition to disadvantage and places an explicit, positive, obligation on employers to redress that disadvantage. Other areas of difference between the two Acts — such as in the area of ‘defenses’, the development of enforceable Standards (under the Commonwealth Act), and methods of enforcement will be covered in a subsequent article.

2021 ◽  
pp. 104-116
Author(s):  
Ivan O. Volkov ◽  

For the first time, in the article, Vladimir Titov’s letter (dated 12/24 February 1869) is published and commented. In the 1820s, in Russia, Titov was well-known as a writer and literature theorist, the author of a romantic novella The Remote House on Vasilyevsky Island (1829) close to Society of Lyubomudriye. The letter extracted from the archives of the National Library of Russia is addressed to Duke Vladimir Odoevsky whose relationship with Titov was friendly from the very beginning of their acquaintance. The letter focuses on Ivan Turgenev’s speech published in the first issue of Sovremennik and titled “Hamlet and Don Quixote”. Reacting to Turgenev’s article, Titov shortly and critically accesses the comparison concentrating mainly on the image of Hamlet and thoroughly expresses his opinion on the essence of his tragic state. Titov’s opinion is just the opposite of Turgenev’s complex and multidimensional interpretation. Having experienced the great impact of the philosophy of German idealism at the beginning of his career, Titov to a great extent idealizes Shakespeare’s character whom he long knows and whom he is clearly eager to vindicate. Meanwhile, Titov does not pursue the aim to absolutely advocate the romantic halo of Hamlet as a Titanic personality (grandiose intellect and scale of feeling) and to enact the tragic pathos of the inner fight only. Developing Goethe’s definition of the essence of the character’s inner conflict, Titov, on the one hand, approaches its real understanding underlying the prince’s necessity to stay in a derogatory position of a “pitiful semiclown, indecisive grouch and shred”. On the other hand, the assessment can not be absolutely objective because Titov wants to see Hamlet as a victim of the fatal fortune which turns him into a character of an almost classical tragedy of fate. Titov’s bright and developed reaction (in the document of private nature) to Turgenev’s article is attractive and important first of all for its vividly demonstrated novelty and creativity of the writer’s view, wideness and multimodality of the author’s perception of Hamlet’s image. For the first time, Turgenev gave a developed interpretation of Shakespeare’s image in the tale “Hamlet of Shchigrovsky Province” (1848). Continuing his searches in the area of “Russian” (or “steppe”) Hamlet, Turgenev creates moral and philosophical problems of the English tragedy in the crisis socio-historical and cultural atmosphere of Russia of the 1840s. However, the principles of the artistic generalization and the peculiarities of the new reading, not mentioned and not fully comprehended by his contemporaries, were surprising and rejected when the speech “Hamlet and Don Quixote” appeared, in which Shakespeare’s character is presented ultimately vividly and lively in the then current interpretation.


Author(s):  
Sergei Sergeevich Rusakov

This article analyzes the elements of the concept of  subject traced in the philosophy of Edmund Husserl throughout all his works. The author follows the transformation of the views of German philosopher on the idea of subject. As well as their implementation in the context of phenomenological thought. Special attention is given to correlation between the works of Husserl of the early period and the later period.  It is noted that unlike the Cartesian or Kantian model of subjectivity, the egological subject for the first time conceptualizes intersubjectivity as the foundation for the development of the fundamentally new concept of understanding a human as a subject endowed with self-consciousness. The main conclusions consist in the following theses: despite the fact that the key role in the egological concept of subject belongs to the definition of evidence, intentionality, and reduction, the problem of cognition, considered in this article, is developed by Husserl as further complication of the Kantian approach; the egological concept of subject implements the concept of intersubjectivity, which demarcates the ideas of E. Husserl among other approaches towards the concept of subject. understanding the subject. On the one hand, intersubjectivity weakens the position of the idea of absolute autonomy of the subject’ while on the other hand, it is the new mechanism for legitimizing the subjective process of cognition and the truth itself, due to recognition of ego behind the figure of the Other.


Author(s):  
Caroline Durand

Al-Qusayr is located 40 km south of modern al-Wajh, roughly 7 km from the eastern Red Sea shore. This site is known since the mid-19th century, when the explorer R. Burton described it for the first time, in particular the remains of a monumental building so-called al-Qasr. In March 2016, a new survey of the site was undertaken by the al-‘Ula–al-Wajh Survey Project. This survey focused not only on al-Qasr but also on the surrounding site corresponding to the ancient settlement. A surface collection of pottery sherds revealed a striking combination of Mediterranean and Egyptian imports on one hand, and of Nabataean productions on the other hand. This material is particularly homogeneous on the chronological point of view, suggesting a rather limited occupation period for the site. Attesting contacts between Mediterranean merchants, Roman Egypt and the Nabataean kingdom, these new data allow a complete reassessment of the importance of this locality in the Red Sea trade routes during antiquity.


Edupedia ◽  
2020 ◽  
Vol 5 (1) ◽  
pp. 55-64
Author(s):  
Agus Supriyadi

Character education is a vital instrument in determining the progress of a nation. Therefore the government needs to build educational institutions in order to produce good human resources that are ready to oversee and deliver the nation at a progressive level. It’s just that in reality, national education is not in line with the ideals of national education because the output is not in tune with moral values on the one hand and the potential for individuals to compete in world intellectual order on the other hand. Therefore, as a solution to these problems is the need for the applicationof character education from an early age.


Author(s):  
Christine Cheng

During the civil war, Liberia’s forestry sector rose to prominence as Charles Taylor traded timber for arms. When the war ended, the UN’s timber sanctions remained in effect, reinforced by the Forestry Development Authority’s (FDA) domestic ban on logging. As Liberians waited for UN timber sanctions to be lifted, a burgeoning domestic timber market developed. This demand was met by artisanal loggers, more commonly referred to as pit sawyers. Out of this illicit economy emerged the Nezoun Group to provide local dispute resolution between the FDA’s tax collectors and ex-combatant pit sawyers. The Nezoun Group posed a dilemma for the government. On the one hand, the regulatory efforts of the Nezoun Group helped the FDA to tax an activity that it had banned. On the other hand, the state’s inability to contain the operations of the Nezoun Group—in open contravention of Liberian laws—highlighted the government’s capacity problems.


1974 ◽  
Vol 17 (4) ◽  
pp. 434-495 ◽  
Author(s):  
P. Hall

1. In their fundamental paper of 1949, Higman, Neumann and Neumann proved for the first time that a countable group can always be embedded in some 2-generator group: [1], Theorem IV. Two kinds of improvement of this result have recently appeared. In [4], Theorem 2, Dark has shown that the embedding can always be made subnormally. On the other hand, in [2], Theorem 2.1, Levin has shown that the two generators can be given preassigned orders m > 1 and n > 2; and in [3], Miller and Schupp prove that the 2-generator group can also be made to satisfy several additional requirements, such as being complete and Hopfian.


1978 ◽  
Vol 10 (3) ◽  
pp. 193-208
Author(s):  
Dennis A. Rubini

William of Orange tried to be as absolute as possible. Inroads upon the power of the executive were fiercely resisted: indeed, William succeeded in keeping even the judiciary in a precarious state of independence. To maintain the prerogative and gain the needed supplies from parliament, he relied upon a mixed whig-tory ministry to direct court efforts. Following the Glorious Revolution, the whigs had divided into two principle groups. One faction led by Robert Harley and Paul Foley became the standard-bearers of the broadly based Country party, maintained the “old whig” traditions, did not seek office during William's reign, tried to hold the line on supply, and led the drive to limit the prerogative. The “junto,” “court,” or “new” whigs, on the other hand, were led by ministers who, while in opposition during the Exclusion crisis, held court office, aggressively sought greater offices, and wished to replace monarchy with oligarchy. They soon joined tory courtiers in opposing many of the Country party attempts to place additional restrictions upon the executive. To defend the prerogative and gain passage for bills of supply, William also developed techniques employed by Charles II. By expanding the concept and power of the Court party, he sought to bring together the executive and legislative branches of government through a large cadre of crown office-holders (placemen) who sat, voted, and directed the votes of others on behalf of the government when matters of importance arose in the Commons. So too, William claimed the right to dissolve parliament and call new elections not on a fixed date, as was to become the American practice, but at the time deemed most propitious over first a three-year and then (after 1716) a seven year period.


1906 ◽  
Vol 20 ◽  
pp. 149-169
Author(s):  
B.D. John Willcock

The idea that at the Restoration the Government of Charles II. wantonly attacked a Church that otherwise would have remained at peace and in the enjoyment of hardly-won liberties is not in accordance with facts. The Church was divided into two warring factions—that of the Remonstrants or Protesters and that of the Resolutioners. The former were the extreme Covenant party and had as their symbol the Remonstrance of the Western army after the Battle of Dunbar, in which they refused to fight any longer in the cause of Charles II. The Resolutioners were the more moderate party, which accepted him as a Covenanted King, and they derived their name from their support of certain Resolutions passed in the Parliament and General Assembly for the admission of Royalists to office under certain conditions. The Protesters—who numbered perhaps about a third of the Presbyterian clergy—claimed, probably not without reason, to be more religious than their opponents. They were very eager to purge the Church of all those whose opinions they regarded as unsatisfactory, and to fill up vacant charges with those who uttered their shibboleths. In their opposition to the King they naturally drew somewhat closely into sympathy with the party of Cromwell, though, with the fatal skill in splitting hairs which has afflicted so many of their nation, they were able to differentiate their political principles from what they called ‘English errors.’ The Resolutioners, on the other hand, adhered steadily to the cause of Charles II., and came under the disfavour of the Government of the Commonwealth for their sympathy with the insurrection under Glencairn and Middleton which had been so troublesome to the English authorities.


2021 ◽  
Vol 60 (3-4) ◽  
pp. 363-398

Abstract The Roman father and son of the same name, P. Decius Mus, became paragon heroes by deliberately giving their lives in battle that Rome might win over a fierce enemy. Both engaged in a special ritual called devotio (from which our word “devotion” derives) to offer themselves to the gods of the Underworld, with whom regular people have very little interaction and to whom they rarely sacrifice. While the Mus family is the most famous for this act, it turns out the willingness to sacrifice oneself for Rome frequently occurs within stories of great patriots, including the story of Horatius Cocles, Mettius Curtius, Atilius Regulus, and even the traitors Coriolanus and Tarpeia. Romans regarded self-sacrifice as a very high, noble endeavor, whereas they loathed and persecuted practitioners of human sacrifice. It is therefore quite amazing to read that the Romans thrice engaged in state-sponsored human sacrifice, a fact they rarely mention and generally forget. The most famous enemy practitioners of human sacrifice were the Druids, whom the Romans massacred on Mona Island on Midsummer Night's Eve, but the Carthaginians, the Germans, the Celts, and the Thracians all infamously practiced human sacrifice. To Romans, the act of human sacrifice falls just short of cannibalism in the spectrum of forbidden practices, and was an accusation occasionally thrown against an enemy to claim they are totally barbaric. On the other hand, Romans recognized their own who committed acts of self-sacrifice for the good of the society, as heroes. There can be no better patriot than he who gives his life to save his country. Often the stories of their heroism have been exaggerated or sanitized. These acts of heroism often turn out to be acts of human sacrifice, supposedly a crime. It turns out that Romans have a strong legacy of practicing human sacrifice that lasts into the historic era, despite their alleged opposition to it. Numerous sources relate one story each. Collecting them all makes it impossible to deny the longevity of human sacrifice in Rome, although most Romans under the emperors were probably unaware of it. The paradox of condemning but still practicing human sacrifice demonstrates the nature of Roman religion, where do ut des plays a crucial role in standard sacrifice as well as in unpleasant acts like human sacrifice. Devotio was an inverted form of sacrifice, precisely because it was an offering to the gods of the Underworld, rather than to Jupiter or the Parcae. Romans may have forsaken devotio, but they continued to practice human sacrifice far longer than most of us have suspected, if one widens the current narrow definition of human sacrifice to include events where a life is taken in order to bring about a better future for the commonwealth, appease the gods, or ensure a Roman victory in battle.


1997 ◽  
Vol 8 (3) ◽  
pp. 207-225
Author(s):  
A.J. Griffiths ◽  
P.J. Bowen ◽  
B.J. Brinkworth ◽  
I.R. Morgan ◽  
A Howarth

The Sports and Recreation sector within the UK uses the equivalent of 3 millions tonnes of coal per year to supply the activities demanded by an ever increasing sports conscience society. The government has attempted to stimulate energy efficiency in this sector through the use of good practice guides and case studies. A comparative study was undertaken to analyse the performance of two leisure complexes in the Seven Valley degree day region. One site had double the occupancy rate of the other. It was found that the energy consumption per user was approximately 10 kWh for both sites. However the energy cost per user showed a large difference: for Site A this index was 31p/user compared to 15p/user at Site B. The primary causes of this difference are attributed to variation in energy mix between the two sites, as well as a difference in the price paid for primary fuel. Indices based on floor area of the facilities exhibit similar trends, and furthermore show that both sites were in the high band of energy consumption. This indicated that both sites had the potential to make significant energy-related savings, and a further breakdown of electrical, natural gas and water consumption per site is used to identify these potential savings in a rapidly expanding sector.


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