A third wave not a third way? New Labour human rights and mental health in historical context

This historically situated, UK-based review of New Labour’s human rights and mental health policy following the 1998 Human Rights Act (HRA) and 2007 Mental Health Act (MHA), draws on Klug’s identification of three waves of human rights. These occurred around the American and French Revolutions, after World War II, and following the collapse of state communism in 1989, and the article assesses impacts on mental health policy up to and including the New Labour era. It critiques current equality and rights frameworks in mental health and indicates how they might be brought into closer alignment with third wave principles

Feminism and Tradition in Aesthetics

Feminism and Tradition in Aesthetics takes a fresh look at the history of aesthetics and at current debates within the philosophy of art by exploring the ways in which gender informs notions of art and creativity, evaluation and interpretation, and concepts of aesthetic value. Multiple intellectual traditions have formed this field, and the discussions herein range from consideration of eighteenth century legacies of ideas about taste, beauty, and sublimity to debates about the relevance of postmodern analyses for feminist aesthetics. Forward by Arthur C. Danto, 20 authors include Paul Mattick, Jr., Caroline Korsmeyer, Timothy Gould, Christine Battersby, Mary Devereaux, bell hooks, REnee Lorraine, Trinh T. Minh-ha, Elizabeth Ann Dobie, Adrian Piper, Anita Silvers, Susan Feagin, Mary D. Garrard, Ellen Handler Spitz, Noel Carroll, Joanne Waugh, Joseph Margolis, Rita Felski, and Hilde Hein, as well as Peg Brand's essay, "Revising the Aesthetic-Nonaesthetic Distinction: The Aesthetic Value of Activist Art.

Finding the Original Meaning of American Criminal Procedure Rights: Lessons from Reasonable Doubt’s Development

[Excerpt] “The prosecution must prove every element of the crime beyond a reasonable doubt for a valid conviction. The Constitution nowhere explicitly contains this requirement, but the Supreme Court in In re Winship1 stated that due process commands it. Justice Brennan, writing for the Court, noted that the Court had often assumed that the standard existed, that it played a central role in American criminal justice by lessening the chances of mistaken convictions, and that it was essential for instilling community respect in criminal enforcement. The reasonable doubt standard is fundamental because it makes guilty verdicts more difficult. As Winship said, the requirement “protects the accused against conviction . . . .” Justice Harlan’s eloquent concurring opinion in Winship elaborated by noting that “a standard of proof represents an attempt to instruct the factfinder concerning the degree of confidence our society thinks he should have in the correctness of factual conclusions for a particular type of adjudication.” Incorrect factual conclusions can lead either to the acquittal of a guilty person or the conviction of an innocent one. “Because the standard of proof affects the comparative frequency of these two types of erroneous outcomes, the choice of the standard to be applied in a particular kind of litigation should, in a rational world, reflect an assessment of the comparative social disutility of each.” Society views the harm of convicting the innocent as much greater than that of acquitting the guilty. Thus, Harlan concluded, “I view the requirement of proof beyond a reasonable doubt in a criminal cased as bottomed on a fundamental value determination of our society that it is far worse to convict an innocent man than to let a guilty man go free.” The reasonable doubt standard was constitutionalized because of the societal function it now serves. Winship did not find it constitutionally required because the original meaning of a constitutional provision required it. Indeed, the Court indicated that the standard had not fully crystalized until after the Constitution was adopted. Even so, the reasonable doubt standard provides a fertile field for examining the methodology of finding the original meaning of constitutional criminal procedure rights. First, its status seems secure No debate questions the constitutional requirement that an accused can only be convicted if the crime is proven beyond a reasonable doubt. Its original meaning can be explored uncolored by the partisanship often engendered when present seekers of original meaning hope to define a new contour to a constitutional guarantee. Furthermore, serious scholars have studied the reasonable doubt standard’s early development and its original meaning, purposes, and intent. An examination of those scholarly sources, methods, and conclusions provides a number of valuable insights that should affect the search for finding the original meaning of other American criminal procedure guarantees. These are first that the seeker of original meaning of evolved criminal procedure rights has to go beyond traditional legal sources and explore the broader epistemological developments in religion, philosophy, and science that affected the development of the right. Second, conclusions about original meaning drawn primarily from English and other European sources can be misleading without a consideration of American developments. What might seem like a sound conclusion when English sources are examined may look suspect when viewed in the light of American developments. Finally, the reasonable doubt scholarship reveals that definitive conclusions about the original meaning of American constitutional rights will often be impossible to find both because the necessary American record is absent and because evolved rights never really had a definitive original meaning. The starting point here is with the scholars who have concluded that the original purpose of the reasonable doubt standard was not, as the Court now has it, to protect the accused, but instead emerged to make convictions easier.

Violoncello Concerto in A Major by Markus Heinrich Graul: A Performance Edition

This is a performance edition of Markus Heinrich Graul\u27s Violoncello Concerto in A major, the manuscript of which is found in the Archive of the Sing-Akademie zu Berlin. The microform of this manuscript has been used for making this edition. Biographical information on Graul, details about his work at the court of Frederick the Great, samples of his handwriting, and a works list are included in the edition. A performance practice chapter details many aspects of this concerto and how they were practiced in Graul\u27s time and location (in the late eighteenth century in Berlin). Appended material offers an edited score, an edited solo part, source information, and a critical commentary that explains the procedures and consistency of the manuscript\u27s copyist

Real Life Cryptology

A large number of enciphered documents survived from early modern Hungary. This area was a particularly fertile territory where cryptographic methods proliferated, because a large portion of the population was living in the frontier zone, and participated (or was forced to participate) in the network of the information flow. A quantitative analysis of sixteenth-century to seventeenth-century Hungarian ciphers (300 cipher keys and 1,600 partly or entirely enciphered letters) reveals that besides the dominance of diplomatic use of cryptography, there were many examples of “private” applications too. This book reconstructs the main reasons and goals why historical actors chose to use ciphers in a diplomatic letter, a military order, a diary or a private letter, what they decided to encrypt, and how they perceived the dangers threatening their messages

The Secret Life of the Della Cruscan Sonnet: William Gifford's Baviad and Maeviad

In the past few decades, feminist critics have conveniently regarded the sonnet as a fundamentally masculine genre, as a bulwark of male subjectivity and a site of female objectification. This essay argues that the gendered allegiances of the nineteenth-century sonnet are much more complicated, and originate in the feminization that this male-dominated genre underwent in the last decades of the eighteenth century. Taking William Gifford's critique on the Della Cruscan poets in his satires The Baviad (1791) and The Maeviad (1795) as a case study, it examines the use of the feminized sonnet genre as satirical tool and as a metaphor of marginalization

Queequeg\u27s Tomahawk: A Cultural Biography, 1750-1900

Since the colonial era, the tomahawk has served as a symbol of Indian savagery in American arts and literature. The pipe tomahawk, however, tells a different story. From its backcountry origins as a trade good to its customization as a diplomatic device, this object facilitated European-Indian exchange, giving tangible form to spoken metaphors for war, peace, and alliance. The production, distribution, and use of the pipe tomahawk also illustrated contrasting Indian and European notions of value and utility in material objects, exposing the limits of such goods in promoting cross-cultural mediation and understanding