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Justice can be pursued by the state, or through voluntary charity. This paper seeks to contribute to the debate about the appropriate division of labor between government and charitable agencies by developing a positive account of the charity sector's moral foundations. The account given here is grounded in a legal conception of charity, as a set of subsidies and privileges designed to cultivate a wide variety of activities aimed at enhancing civic virtue and autonomy. Among other things, this implies that a charity sector oriented largely around the pursuit of justice will come at a moral cost to a liberal society, at least when the state is in a position to take the greater share of the responsibility. So, a positive account of charity provides at least a pro tanto reason for preferring a division of labor in which the state takes a greater share of the responsibility for pursuing justice. As well as developing and defending this conception in its own right, we apply it in offering some criticisms and enhancements of existing views about the division of labor.
We begin with two bibliographical observations. First, scholarly interest in trust is no recent phenomenon, but lately there has been a flowering of academic literature studying numerous dimensions of trust from the standpoints of philosophy, economics, sociology and psychology. The depth and richness of this literature is impressive but hardly surprising, given that trust itself is a notoriously complex, elusive and fact-specific phenomenon. Secondly, scholarly interest in the fiduciary principle that plays such a central role in common law legal systems with a tradition of equity was scarce until the late twentieth century. However, that situation has most definitely changed (for the better), and we now enjoy an abundance of scholarship exploring the fiduciary principle in private law. Moreover, there is a growing body of work exploring ideas of fiduciary government and international law. Scholars are puzzling over fiduciaries and trust as never before.
My chapter considers the operation of trust in contracts and fiduciary relationships. Much has been written about how trust might figure in each setting, but there is little academic literature comparing the profile and workings of trust against the backdrop of the two legal forms. The gist of my argument is that contracts tend to orient and channel trust in one set of ways, and fiduciary relationships in a different set of ways. Part 2 draws a distinction between interpersonal trust and what, informed by work in sociology, I call ‘confidence’ in the predictable functioning of social or technological systems. I then argue that confidence is likely to develop differently in contracts than in fiduciary relationships, and that this has implications for how trust is likely to develop in each legal setting. In Part 3 of the paper I argue that there are reasons to think that the content of trusting beliefs might be different in fiduciary settings than in contractual settings. These reasons look to key differences between the contract form and the form of fiduciary relationships. I then explore some types of case in which contract and fiduciary forms interact in ways that might affect the content of trusting beliefs.
Systematic analysis of fiduciaries and trust is rare. The aim of this volume is to help fill this gap. The chapters explore the interactions of fiduciary law and trust, drawing on literatures on trust that have been generated in a variety of disciplines. They do so with an eye to the full scope of extension claimed for the fiduciary principle, from its heartland in private law, to its frontiers in public law and government more broadly. Overall, the volume advances an integrated and wide-ranging understanding of the relation of fiduciaries and trust that illuminates key legal and political problems, and challenges and deepens our understanding of fiduciaries and trust themselves.
This chapter makes an argument for the limited fission of law and equity: a limited argument, that is, that equity should be seen and kept as a somewhat separate element of common law systems. The argument is expounded through the example of liability for breach of trust. English decisions have adopted a fused approach to relief for breach of trust which assimilates trusts to contracts. However, this assumes away the distinct normative concerns of equity, particularly the politically important value of autonomy which is expressed through the doctrines of accounting applicable to trustees. It is then shown that the argument has limits, since in charity law the influence of equity is contingently important: if it becomes unimportant, the argument for separately recognising equity there would lose validity.
Background: There is an emerging evidence base that mindfulness for psychosis is a safe and effective intervention. However, empirical data on the within-session effects of mindfulness meditation was hitherto lacking. Aims: The aim of the study was to assess the impact of taking part in a mindfulness for psychosis group, using a within-session self-report measure of general stress, and symptom-related distress. Method: Users of a secondary mental health service (n = 34), who experienced enduring psychotic symptoms, took part in an 8-week mindfulness for psychosis group in a community setting. Mindfulness meditations were limited to 10 minutes and included explicit reference to psychotic experience arising during the practice. Participants self-rated general stress, and symptom-related distress, before and after each group session using a visual analogue scale. Results: Average ratings of general stress and symptom-related distress decreased from pre- to post-session for all eight sessions, although not all differences were statistically significant. There was no increase in general stress, or symptom-related distress across any session. Conclusions: There was evidence of positive effects and no evidence of any harmful effects arising from people with psychotic symptoms taking part in a mindfulness for psychosis session.
Follow-up of unidentified Fermi sources has expanded the number of known galactic-field “black widow” and “redback” millisecond pulsar binaries from four to nearly 30. Several systems observed by Chandra, XMM-Newton, Suzaku, and NuSTAR exhibit double-peaked X-ray orbital modulation. This is attributed to synchrotron emission from electrons accelerated in an intrabinary shock and Doppler boosting by mildly relativistic bulk flow. We briefly discuss the rich complexity of these systems, their astrophysical utility, and open questions.
Pulsed non-thermal quiescent emission between 10 keV and around 150 keV has been observed in ~10 magnetars. For inner magnetospheric models of such hard X-ray signals, resonant Compton upscattering of soft thermal photons from the neutron star surface is the most efficient radiative process. We present angle-dependent hard X-ray upscattering model spectra for uncooled monoenergetic relativistic electrons. The spectral cut-off energies are critically dependent on the observer viewing angles and electron Lorentz factor. We find that electrons with energies less than around 15 MeV will emit most of their radiation below 250 keV, consistent with the observed turnovers in magnetar hard X-ray tails. Moreover, electrons of higher energy still emit most of the radiation below around 1 MeV, except for quasi-equatorial emission locales for select pulses phases. Our spectral computations use new state-of-the-art, spin-dependent formalism for the QED Compton scattering cross section in strong magnetic fields.