Disentangling the Disability Quagmire in Psychological Injury and Law

This paper aims to critically analyze the evolution of six models of conceptualization, determination, and prediction of occupational disability relevant in the medico-legal context of psychological injury. The six models are the (a) biomedical, (b) forensic, (c) psychosocial, (d) ecological, (e) economic, and (f) biopsychosocial. We will discuss the key commonalities and differences among the models, including disciplinary tradition, research paradigm, recognition of person–environment interaction, key tenets, and implications for practice and research in psychological injury. The paper will highlight and discuss psychosocial issues, often underemphasized in forensic psychological practice, including: (a) balanced assessment of primary, secondary, and tertiary gains and losses, (b) self-perception, (c) disability identity, (d) beliefs and expectations, (e) coping, (f) adaptation and positive growth, (g) social stigma and social reactions to disability, including disability harassment, and (h) recognition of system-based environmental influences and demands. We will provide a special focus on the current state of the science and practice of prediction of disability, of particular interest to researchers and clinicians involved in clinical and occupational prognostication in psychological injuries. Finally, we will draw conclusions and recommendations for future research and best practices in the psychological injury area using a cross-diagnostic, dynamic, functionally based, and integrated biopsychosocial and forensic model of disability.     

Theme: Making us Modern: Australian Writing in Modernity

‘Making us Modern’ brings together articles concerned with the scene of Australian writing and the relevance of ‘modernity/ies’ and ‘modernism/s’ for contemporary writing and reading practices. What is the ‘modern’, who are its subjects, and how has the modern made us—as ‘postmodern’, perhaps? And, who is this ‘us’, anyway? Attempts to theorise modernity and its aesthetics have often taken the white Western male as their subject. Intervening in these theories, however, are the efforts of feminist critics, among others, who seek to install those troubled terms ‘gender’ and ‘race’ at the centre of their considerations of modernity, modernism, and reading and writing subjects. The articles in ‘Making us Modern’ contribute to these debates. Twentieth-century Australian modernities have been seen as holding together a mix of trauma and pleasure, constraint and release, sometimes represented in literary texts in seemingly impossible relation. For Esther Faye, writing on the short stories of Australian-Jewish writer Rosa Safransky, the subjective experiences of post-war Australian modernity are characterised by the traumatic dislocation of human subjects in time and space. In Safransky's stories of family and domesticity is seen the trauma experienced by gendered and racialised subjects in the particular context of the Shoah and its aftermath. Although, as she says, ‘the canonical status of the Shoah as the paradigmatic modernist event is increasingly contested’, through a Lacanian reading of Safransky's texts, Esther Faye shows the ways that the Holocaust's radical disruption of time and its dislocation of the Jewish subject in history echoes in its logic the wider deracination of the subject in modernity. It testifies ‘to the traumatic structure of subjectivity itself’, and it testifies, too, to the particular kind of ‘pleasure’ that is constituted in inextricable relation to trauma. In this way, as Esther Faye argues, being Jewish after Auschwitz is a question for all of us.     

The Challenge of Antisocial Behaviour: New Relationships between the State, Children and Parents

Relationships between children, parents and the state do notremain the same over time and are not necessarily consistentat any one time across policy arenas. These relationships, though,can remain unexamined and individually negotiated until theyare highlighted by major policy change. Such a change has recentlyoccured in Scotland, where the Antisocial Behaviour etc. (Scotland)Act 2004 has extended Antisocial Behaviour Orders (ASBOs) tochildren and introduced Parenting Orders (POs), which can requireparents to attend counselling or guidance sessions. ASBOs shiftstate intervention from focusing on children’s welfareand needs to focusing on their behaviour. The welfare-basedchildren’s hearing system will no longer be the primarydecision-making forum as the court is the decision-maker forboth these new orders. POs emphasize parents’ responsibilityfor controlling their children. POs provide a direct route forparents to receive support, which they did not have before,but only through a compulsory order. Both children and theirparents will be held responsible to their communities’values, in new court-enforced mechanisms.     

Joint (ad)ventures and (in)credible journeys evaluating innovation: asset-based community development in Ethiopia

Acknowledging debates about what constitutes effective and useful evaluation practice, this paper explores the particular challenges of evaluating an innovative approach to community development for multiple stakeholders with different interests and different levels of confidence in particular evaluation methodologies. The innovation – applying an Asset Based approach to Community Development (ABCD) in an Ethiopian context – presents further challenges to evaluation because of its open-ended nature and problems of attribution. On the other hand, the culture of risk-taking encouraged by the supporters of innovation provides the space for genuine lessons to be learnt about failure as well as success.     

Mothers of children removed under a care order: outcomes and experiences

ABSTRACT

Focusing on accounts by women who have children taken into care, this paper reports on a socio-legal case study in England, investigating the life experiences of nine mothers, whose children have been made subject to care orders under the Children Act 1989. In particular it considers the women’s experiences of their relationships with their own mothers and places this within the context of the mothers’ own experiences of having their children taken into care. Drawing on free association narrative interviews, the study focuses on the mothers’ accounts of long-term harm that began in their childhoods, especially their experiences of their mothers’ own difficulties and of their experiences of harm. It highlights the impact of relationship difficulties between mother and child, and questions how the legal concepts of harm and reasonable parental care are defined and deployed. In conclusion, it demonstrates a need for the legal framework to address children’s experiences of harm in a more intergenerational and intersubjective way. It highlights a new approach, suggesting consideration of harm, reasonable parental care and welfare to involve an increased concentration on the welfare of mothers and the relationship between mother and child, akin to an intersubjective and intergenerational approach to harm.     

“She's Nobody's Child/the Law Can't Touch Her at All”: Seeking to Bring Dignity to Legal Proceedings Involving Juveniles

Inquiries into a range of issues involving juveniles in the psychiatric hospitalization and criminal trial process reveal that, regularly, juveniles are subject to shame and humiliation in all aspects of the legal system that relate to arrest, trial, conviction, and institutionalization, shame and humiliation that are often exacerbated in cases involving racial minorities and those who are economically impoverished. We contextualize them into the juvenile justice system, and look specifically at how this is reflected in the case law. We then consider these findings through the filters of therapeutic jurisprudence and international human rights laws, concluding that these approaches best remediate the current state of affairs and infuse this system with badly‐needed dignity.     

Using the Wrong Policy Tools: Education,Charity, and Public Benefit

A recent decision on the application of public benefit under the Charities Act 2006 sidestepped the political debate surrounding the charitable status of independent fee‐charging schools. The broader political context nevertheless underscores the legislative reforms, and this article questions whether the new statutory public benefit requirement has utility as a welfare policy tool in the field of education. It examines the public benefit requirement in charity law against the backdrop of government policy towards education and the broader political agenda for a mixed economy of welfare provision, and argues that the difficulties Labour faced in developing its education policies were replicated in the application of the post‐Act public benefit requirement to fee‐charging schools. As a result, achieving broader policy goals for widening educational opportunity through public benefit was almost impossible given the regulatory framework and the principles upon which charity law is founded.     

Public Health as Social Justice? A Qualitative Study of Public Health Policy-Makers’ Perspectives

Social justice is often described as the ‘foundation of public health.’ Yet, outside of the theoretical literature the polysemous nature of the concept is rarely acknowledged. To complement recent contributions to normative theory specifically motivated by questions of social justice in public health, this study explores public health policy-makers’ perspectives on the meaning and role of social justice in their practice. This study involved twenty qualitative, semi-structured interviews with public health policy-makers recruited from two programmatic areas of public health [chronic disease prevention (CDP) and public health emergency preparedness and response (PHEPR)] within public health organizations in Canada. Participants’ perspectives appeared to be influenced by the perceived goals belonging to the programmatic area of public health in which they practiced. Those involved in PHEPR indicated that justice-based considerations are viewed as a ‘constraint’ on the aims of this area of practice, which are to minimize overall morbidity and mortality, whereas those involved in CDP indicated that justice-based considerations are ‘part and parcel’ of their work, which seeks primarily to address the unique health needs of (and thus, disparities between) population groups. The aims and activities of different programmatic areas of public health may influence the way in which social justice is perceived in practice. More ought to be done (in theory and in practice) to interrogate how the unique contributions that individual programmatic areas of public health can and should cohere in order to realize the broader aim that public health has as an institution to promote social justice.

     

Quantifying Macrophages and Hemosiderin in Pediatric Dura Mater,

Determining the age of a subdural hematoma at autopsy is of great interest for medicolegal purposes. The appearance of pigment‐laden macrophages is often referenced as evidence that the subdural hematoma is 3–4 days old. However, understanding the significance of macrophages and hemosiderin requires understanding the histology of infant dura. Samples of grossly unremarkable dura taken from 17 pediatric autopsies were identified and histologically confirmed to lack subdural neomembrane. CD68 immunostaining and Prussian blue staining was performed. The CD68‐positive cells per high‐power field were quantified, and the presence of iron‐containing cells was recorded. CD68‐positive cells were present in all cases, even in the dural border layer. Iron‐containing cells were identified in 59% of cases, and in the dural border layer in 29%. Therefore, CD68‐positive and iron‐containing cells can be present in pediatric dura without neomembrane or macroscopic subdural hemorrhage, and this requires consideration when estimating the age of a subdural hematoma.