Advance decisions to refuse medical treatment (“ADRTs”) have been recognised in English law through a series of cases which arose at the end of the Twentieth Century and subsequently by the Mental Capacity Act 2005. ADRTs allow adults, with the requisite mental capacity, to refuse forms of medical treatment that they anticipate being provided with at a time when they have lost mental capacity in respect of the anticipated treatment. The most frequently advanced argument for the recognition of these instruments is to respect and extend personal autonomy and/or self-determination. However, this thesis treats that particular normative ground as but one among a number of factors which have been crucial to the emergence of ADRTs. It is argued that the advancement in medical capabilities for prolonging life in its final stages is a sine qua non of ADRTs in practical terms. The demographic and financial pressures in which end-of-life care is provided add impetus to the argument for the recognition of ADRTs. However, it is suggested that the political environment in which ADRTs have emerged has also been of fundamental significance to their recognition in law. Using Michel Foucault’s theory of governmentality it will be shown ADRTs have been developed within advanced liberal programmes of government, in response to the inability of the traditional approaches of those forms of government to govern individuals who lack capacity at the end of life. The employment of this theory provides a novel perspective on the debates which have raged in this area of law and bioethics, allowing for a focus on the population, as well as the individual, and a focus on practices rather than on the outcomes.

This thesis investigates the impact of modernisation upon popular death customs in Cumbria between 1700 and 1920. Specifically, it explores the role and nature of mutuality, arguing that despite the growth of individualism, the mutual ideal which had underpinned many popular death customs in the pre-industrial environment continued to play a crucial role in shaping working-class mortuary practices in the towns. This study challenges historical arguments that mutuality was simply individualism in disguise; it suggests that at its heart lay an internal tension: a conflict between self-interest and collectivism which was exacerbated by modernizing trends. Ultimately individualism was to triumph, but not in the way historians have claimed. Its success can be gauged, not by the apparent readiness of the nineteenth-century urban working classes to embrace a more materialistic attitude to death and burial, but in the growth of the burial insurance industry which capitalised on the collectivism of the majority to further the self-interest of an enterprising minority. The thesis begins by tracing the roots of mutuality in death through an examination of popular death customs in pre-industrial Cumbria. It reveals that although such practices were designed to alleviate individual distress, they also worked to cultivate an ideal of collectivism by encouraging community participation, and by publicly affirming a common notion of ‘decency’ which was rooted in powerful spiritual beliefs. Informal aid of this type was supplemented by that supplied by the guilds and friendly societies. In this more formal, premeditated setting, the contractual nature of mutuality was more pronounced, and a tension between collectivism and self-interest more clearly articulated. This conflict was exacerbated by the sanitary reforms of the nineteenth century, and in particular the passage of the Burial Acts of the 1850's. The creation of the private grave, and the division of the cemeteries into areas of greater and lesser desirability, increased social discrimination while emphasising conspicuous consumption as a means of articulating individual social position. A consequence of such reforms was the commercialisation of the funeral. Many of those who could afford it now modelled their obsequies on much older aristocratic rites which were designed to indicate social standing. These materialistic rituals set a new standard in funerary protocol, and increased social pressure on the working classes to conform to elite norms. Despite greater stress on materialistic individualism, however, many working-class people continued to observe familiar death customs which were rooted in community participation. Familiar customs of long-standing were of value in many ways, not least because they symbolised values which helped sustain a distinct cultural identity. Thus, while individualism emerged as a powerful cultural force, collectivism did not vanish. Indeed, this thesis concludes by arguing that the continued potency of popular collectivism was most strikingly exemplified in the growth to prominence, in the early years of the twentieth century, of working-class burial insurance. / Graduate

How can the Anglican Communion resolve its problems of internal ecumenism to overcome the threat of rupture that faces it at the beginning of the twenty-first century? Anglican identity is not monolithic but pluriform within the particularity of its tradition. The Anglican way of being Christian is one that is discursive rather than definitive, aware of its roots but open to new expression of itself – and aware of the conditionality of any expression of Church in this passing world. However, from time to time, there are tensions within the tradition between those who hold differing views. In 1867, facing the challenge of maintaining Anglican unity, Archbishop Longley summoned a meeting of Anglican bishops who sought collective understanding in a discursive, dialogic fashion and which evolved into a Lambeth Conference Tradition. The bishops sought the common mind of the Church on problematic questions, always aware of the mutability of their conclusions and often willing to change their view according to changed circumstances. In this way they sought to maintain Anglican unity and the principle of comprehension whereby the tradition sought to be inclusive of diversity. The Sixth Conference in 1920 sought to address the wider question of Christian unity by employing the same methodology. The Appeal to All Christian People was intended to draw the churches into engagement with one another to overcome their differences and achieve a degree of ecclesial unity. Reconciliation of Christians with each other was set at the heart of ecumenical discourse and bore fruit in important ways. This thesis proposes that the same methodology can and should be deployed to address the disputes that exist within the Anglican Communion at the beginning of the twenty-first century. The Lambeth Conference Tradition is an essential element in Anglican heritage that Anglicans may only ignore at their peril.

No description available.

This thesis studies the participation of bereaved families in inquests following deaths in custody in England and Wales. When a member of their family dies in custody, a family will usually want to understand when, where and how they died. When there is a possibility of negligence or culpability on the part of the State, it is even more important for a family to understand the circumstances surrounding the death. In those situations, it is also important for mistakes to be identified so that lessons may be learned and the State is held to account for its actions. Often preventing further deaths is as vital to the family as getting answers for their own peace of mind. An inquest is inquisitorial and the role of the coroner is to find the facts; so it can be argued that the participation of the family is primarily for their own closure and does not necessarily benefit the overall effectiveness of the investigation. This thesis shows that effective participation of a family (which includes ensuring they are legally represented and have access to all evidence) is vital to achieving accountability, as well as increasing the legitimacy of the process. The legal framework governing family access to an Article 2 investigation is considered, as well as the relevance of procedural justice theory for such investigations. Individuals with personal experience of inquests into deaths in custody including legal representatives, coroners, police officers and bereaved family members were interviewed to gather their views about the impact the participation of a bereaved family has on the effectiveness of the process. Perspectives described by these interviews are analysed within both legal and theoretical frameworks to take forward an understanding of why family participation in complex inquests is so important.

The most important high technology intellectual property (IP) rights in terms of innovation are patents,a form of intangible property right. Even though these corporate assets drive 21st century technological innovation, patent-backed lending to UK SMEs remains underdeveloped. One reason is that the value of their internally generated patents is under-reported in traditional financial statements due to the application of International Accounting Standard 38 Intangibles. The accounting problem is exacerbated by the fact that SMEs are exempt from company law requirements to present a directors’ Strategic Report in their annual return to Companies House. The astonishing lack of quantitative and qualitative public information about corporate IP assets makes it difficult to assess their strategic value (“the patent value story”) and directors’ stewardship of those assets. While this may restrict access to debt finance, this thesis argues there is a wider corporate governance issue. More relevant, accurate and timely corporate IP information (mostly known to internal management) is needed to triangulate intangibles financial data through cross verification with corporate narrative disclosure. The multidisciplinary insights into the transparency corporate problem and how directors fulfil existing obligations to provide “true and fair” IP information under UK law provide an academic audience with a deeper level of legal analysis concerning the intersection between: (1) the patent ecosystem; (2) accounting for intangibles; (3) patent-backed debt finance; and (3) corporate disclosure. Knowledge is advanced with an original business triage style Essential, Desirable & Optional narrative corporate disclosure model.

England is home to a distinctive vernacular dance called Morris dance. One of the reasons that it is unique is because it is a secular dance that is displayed rather than performed as a medium for socializing. Questions often arise from audiences when they try to decode its symbolism and the purpose of its presentation. Several interpretations have emerged since Morris dance was revived by successive waves of enthusiasts. After reviewing the study and culture of pre-modern and modern Morris dance and its cultural milieu and its principal venue, Whitsuntide(also known as May Day), a potential interpretation is proposed — misrule. The title of my dissertation recalls the famous essay on the theatrical display of misrule by E.P. Thompson titled "Rough Music" (1993). Using the research that has emerged from the study of carnival behaviour by Mikhail Bakhtin and liminality by Victor Turner, the basic conditions of misrule are reviewed and illuminated. Then the symbols and behaviour of modern and premodern Morris dance are subjected to comparison and contrast with the result that modern Morris dance will be shown to have departed significantly from the premodern template of misrule. This departure may help to explain the dilemma of the current popular criticisms leveled at Morris dance today. However, a complication is raised in which the new misrule interpretation may not prove usefu lafter all because it cannot be applied to the Morris dance culture as it currently exists. / Arts, Faculty of / Music, School of / Graduate

In order to investigate students’ success and experience at university, this thesis compared students’ access to knowledge through the curriculum, teaching and learning (pedagogy) in Law undergraduate degrees at two UK universities of different status: a higher status ‘pre-1992’ Russell Group University (‘Global’) and a lower status ‘post-1992’ university, which is a member of the Million + Group (‘Local’). Lower-status universities recruit more students from unrepresented groups: students from ethnic minorities; those with disabilities; those who have been in local authority care; mature students; and, students from lower socio-economic groups. These students are often judged to be at a further disadvantage because their universities’ positions in higher education league tables gives the impression that the universities they are attending offer a lower standard of education than the higher status universities. This research focuses upon students’ experiences, at different universities, during their degree and, as such, contributes to the limited body of research about factors which affect student retention and success in higher education. This research built on a three-year ESRC-funded research project entitled ‘Pedagogic Quality and Inequality in University First Degrees’ (2008-2012) which used a theoretical framework drawn from the sociologist Basil Bernstein to analyse curriculum and pedagogy in sociology-related social science disciplines in four universities in different positions in higher education league tables. This study employed the same broad conceptual framework and some of the methods of the ESRC project for a smaller-scale study exploring how access to knowledge plays out in the discipline of law in two different status universities. The research presented here was a longitudinal comparative case study of an undergraduate Law degree. At each university, curriculum documents for seven core modules were analysed to highlight the similarities and differences in curriculum content and pedagogical processes; two tutorial sessions were observed in consecutive years and tutors (4) interviewed before and after the tutorial; six students (12 students) were recruited and interviewed during each year of their degree course (three times altogether). A biographical life grid was completed during the first year of the students’ course to provide a biography of each student. Despite the Law Society dictating a core curriculum for a qualifying law degree, the degrees were differently classified and framed. The main differences that emerged are expressed as three dichotomies (1) vocational/academic: Local offered ‘practical insights’ by including in the curriculum practical, work-based modules and learner centred teaching and has strong links with the legal profession. It offered a greater variety in assessment methods and more contact time (2) formal/informal relations: relationships between staff and students at Local were more informal and friendly than at Global where a clear, formal hierarchy between staff and students exists (3) independence/dependence: Global expected more independence of its students than Local where they were guided through material. Students at Local appeared to have higher levels of confidence when contributing to taught sessions and when using their legal knowledge in a professional environment, and project a sense of belonging within their departments and with other legal scholars. Students and staff at Local projected an identity as ‘future lawyers’ and vocational education, placements and acceptance onto professional legal training courses were highly regarded. In contrast to this, students, and particularly staff, at Global projected an identity as ‘academic, critical thinkers’ which does not relate to actual practice- vocational training and placements are extra-curricular, post-graduate concerns. Only one of the students at Global chose to pursue a career in law. In conclusion, I argued that students at Global and Local were being advantaged and disadvantaged by different elements of the pedagogy and curriculum.

My work in the field of the European Convention on Human Rights (ECHR) and domestic family law grew out of concern as to whether the so-called 'paramountcy principle' contained in the Children Act 1989 (CA 1989) was compatible with the ECHR as incorporated by the Human Rights Act 1998 (HRA). My first examination of its compatibility took place within the context of the extension of the paramountcy principle from private law children proceedings to public law adoption proceedings by the Adoption and Children Act 2002. This evolved into a larger and more detailed analysis with Professor Helen Fenwick, an expert in the field of human rights, of the compatibility of the principle in both private and public law proceedings under the CA 1989 within the broader context of the merits of adopting a rights-based approach to applications by parents under the act. This also examined in detail what I considered to be a great deal of sceptism about the adoption of a rights based approach and the possible reasons for it within the domestic family law field. After this, I was able to provide a detailed analysis of the merits of adopting a rights based approach to the issue of domestic violence with Professor Jonathan Herring in two further publications. All of these publications therefore form part of the body of work on which the PhD is based.

No description available.