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Henry Responds To Dickson: ‘Revenge Porn’: A Victim Focused Response
No full textThis comment responds to Alyse Dickson’s article in this volume titled ‘Revenge Porn: A Victim Focused Response’. It summarises the difficulty that Australian law has encountered in keeping up with evolving behaviours with emergent digital technologies and provides recommendations for achieving the ‘victim focused response’ that Dickson argues for in her article. The comment begins in Part I by highlighting the problems caused by the term ‘revenge pornography’. Part II explores possible directions for future research and stresses the need for an interdisciplinary approach for any strategy to be truly effective. The comment concludes by arguing that a formal legal response in the form of criminal legislation in all jurisdictions should be implemented
Philosophy goes to school in Australia: A history 1982-2016
No full textThis paper is an attempt to highlight significant developments in the history of philosophy in schools in Australia.[1] We commence by looking at the early years when Laurance Splitter visited the Institute for the Advancement for Philosophy for Children (IAPC). Then we offer an account of the events that led to the formation of what is now the Federation of Australasian Philosophy in Schools Associations (FAPSA), the development and production of a diverse range of curriculum and supporting materials for philosophy in schools, the making of the Australasian journal, and more recent events. Our purpose is to create further interest in exploring this complex and rich history. This will achieve a better understanding of the possible future directions for classroom practice and research.[1] An earlier draft of this paper was presented at the 45th Annual Conference of the Philosophy of Education Society of Australasia (see Burgh & Thornton 2016)
Editorial
No full textWelcome to the fifth issue of the Journal of Philosophy in Schools (JPS). In April this year the Federation of Australasian Philosophy in Schools Associations (FAPSA) held its biennial conference in Wellington, New Zealand. Organised by the then Chairperson of FAPSA, Dr Vanya Kovach, the conference was a great success and attracted many teachers as well as local and international academics working in the fields of Philosophy, Education, and Philosophy of Education. The two-day conference was supplemented by an ‘Action Day’ that saw contributing academics and practitioners facilitating Communities of Inquiry and P4C activities with students from local primary and high schools. The opportunity to listen to theoretical papers and then witness examples of praxis was a wonderful representation of the two arms of the Philosophy in Schools beast that we celebrate here at the JPS. In this issue, we are delighted to bring you five original articles that were initially presented as papers at the FAPSA conference, along with a book review
The art of train driving: Flexing the boundaries to manage risk within an inflexible system
No full textTrains are the heaviest of land vehicles. In terms of design, railways are the most efficient and optimal way of mobilising these behemoths, but the task necessarily attracts risk. Human drivers are crucial to safe rail operations, but train driving is deceptively difficult. Although tracks guide the manoeuvrability of a train, very lengthy stopping distances mean that drivers must prepare to stop at places they cannot see. This is a safety concern, and inaccuracies and failures in this process create the risk for one of the largest safety issues in rail – the “SPAD”, or Signal Passed at Danger. A SPAD is an occurrence where a train passes a signal displaying a stop indication without the authority to do so (1). SPADs describe a situation where a train has travelled beyond its envelope of safety, and in more technical terms, entered into a critical failure mode. Based on figures available for public consumption, over 1,000 SPADs happen on Australia’s railways every year (2, 3). SPADs carry a huge financial burden associated with loss of services, missed shipping windows, timetabling disruption, follow-on impact to other traffic, incident investigation, retraining, and regulator fines. They are seen as a major threat to system safety and have corresponding effects on the network and for driver welfare
What Shall We Do With The Dishonest Fiduciary? The Unpredictability Of Allowances For Work And Skill
No full textFiduciaries who breach their obligations by making a profit may apply to the courts for an allowance for the work and skill that generated the profit, but it is unclear whether a court will indulge the application if the fiduciary’s breach was tainted with dishonesty. There are two different approaches available to the courts when faced with a dishonest fiduciary applying for an allowance. Courts that choose the first approach will rely on Boardman v Phipps and award an allowance that reflects the fiduciary’s conduct. Courts that follow the second approach will ignore the fiduciary’s dishonesty by relying on Warman International Ltd v Dwyer, and will award an allowance to prevent the principal’s unjust enrichment. The availability of the two different approaches has resulted in inconsistent outcomes and confusion in the law. This article explores the justifications for adopting each of the available approaches whenever a dishonest fiduciary applies for an allowance. Part I outlines the progression of the case law since Boardman v Phipps. Part II describes the rationales for adopting each of the approaches to awarding allowances to dishonest fiduciaries. It concludes that the conduct-based approach in Boardman v Phipps should be rejected, and that the unjust enrichment-based approach provided by Warman International Ltd v Dwyer should be adopted by the courts when awarding allowances to defaulting fiduciaries
The dispositional ingredients at the heart of questioning and inquiry
No full textI offer a modified characterisation of the dispositional grounds of inquiry, in which both the state of knowledge of those involved and their desire for answers or solutions are supplemented by a more nuanced set of dispositions, central to which is the intended transition from a state of unsettlement (or tension) to one of settlement with respect to those who ask and respond to the questions (especially students and teachers). I test this characterisation against the Question Quadrant, a familiar device used by philosophy in schools practitioners to assist them and their students to identify philosophical questions and distinguish them from other kinds of question. While appreciating its practical utility, I submit that this device fails to capture key elements of what we mean, or should mean, by such terms as ‘open questions’ and ‘inquiry’, with respect both to philosophy and to other disciplines.
Children’s activism and guerrilla philosophy
No full textThis paper explores how engaging in and with philosophy in the streets has unique and special potential for children doing philosophy both inside and outside the classroom. We highlight techniques drawn from research into the political, social and activist potential of street art, and we illustrate how to apply these techniques in a P4C context in what we call guerrilla philosophy. We argue that guerrilla philosophy is a pedagogically powerful method to philosophically engage students whose ages range from 11-13. In calling attention to the power of guerrilla philosophy to engage students philosophically, we are tacitly assuming a Deweyan philosophical approach (Dewey 1916, 1925, 1934), which emphasises (1) the importance of promoting civic-mindedness as a social value; (2) the reliance on imaginative, creative and experiential forms of learning as essential to education ; and (3) a vision of the classroom as an embodiment of the larger civic community to which we all belong and in which we all must cooperate and engage (Dewey 1916). This paper traces these three themes in Dewey’s philosophical views of education and democracy, and considers how they are given a twenty-first century interpretation through street art, guerrilla philosophy and children’s activism
‘Setting The Boundaries Of Acceptable Behaviour’? South Australia's Latest Legislative Response To Revenge Pornography
No full textThe complex contemporary issue of revenge pornography has attracted extensive media, law reform and academic commentary and concern, especially as to the perceived failures of both the civil and criminal law to keep up to date with social and technological changes and to adequately respond to this issue. This article considers the existing remedies under the criminal law to revenge pornography and examines the Summary Offences (Filming and Sexting Offences) Amendment Act 2016 (SA) that came into operation on 28 October 2016. The new Act updates and strengthens the criminal law in South Australia in this area. This article notes that the criminal law is not the exclusive means to address revenge pornography and that there is a need for a wider approach that includes effective civil legal remedies and education and cultural change. However, the criminal law still has a vital role to play in setting the boundaries of acceptable modern behaviour. In this light, it is argued that the new South Australian Act is a timely and welcome legislative addition in addressing revenge pornography
Allowances For Breaching Fiduciaries To Ensure That The Principal Who Seeks Equity Must Do Equity: Why Not Quantum Meruit?
No full textThis article considers the potential application of unjust enrichment on a quantum meruit basis to the assessment of allowances for breaching fiduciaries. It briefly outlines the jurisprudential basis for these allowances and then explores the role of unjust enrichment in awarding relief to a breaching party to a contract. Although such a party has breached the contract, quantum meruit operates to ensure that they are fairly compensated for work done or effort expended. The article argues that there are substantial similarities between the position of the party who has breached a contract and that of the breaching fiduciary. It is therefore useful to explain the potential application of quantum meruit to the assessment of allowances for breaching fiduciaries to ensure that the principal who seeks equity must do equity
'Revenge Porn': A Victim Focused Response
No full textThis article argues that the Australian Parliament should provide victims of revenge pornography with a victim focused response to enable the fast removal of intimate images from the internet and to mitigate the harm that the ongoing public access to the images can cause. Part I outlines the reasons why revenge pornography has created a new problem for the law. Part II addresses the existing legal remedies and Part III outlines the different approaches that the Australian Parliament could plausibly adopt. It argues that while criminal laws and civil remedies may assist, they do not provide efficient remedies for victims. The article concludes that the Australian Parliament should extend the powers of the Children’s e-Safety Commissioner to deal with adult victims as well as child victims and thereby facilitate the fast removal of revenge pornography from the internet