Articles de revues sur le sujet « Professional sports – Law and legislation – England »

The article analyzes the novelties of Russian criminal legislation in the field of combating crimes in the field of sports. The relevance of the problem is due to the insufficient development of the theoretical and scientific-methodological aspects of the mechanism of legal protection of public relations in the field of professional sports in Russia. The purpose of the article is to develop a concept for the development of criminal legislation on responsibility for sports crimes. The main research method of this problem is formally legal, which allows the authors to formulate proposals for improving the criminal law. In addition, comparative legal and sociological methods were used to ensure the reliability of the results obtained. The study revealed that the following acts that infringe on relations in the field of sports are subject to criminalization within the framework of current Russian criminal law: 1) giving and receiving bribes by persons performing organizational and administrative and administrative functions in connection with the organization and conduct of professional sporting events; 2) hooligan behavior of spectators and other persons present during a professional sporting event. The study is aimed at the formation of a system of competencies among law enforcement officers to counteract violations in the field of sports, including the use of criminal law enforcement measures. The novelty and originality of the study lies in the fact that for the first time a concept is proposed for the development of criminal legislation on responsibility for crimes in the field of sports in the form of a revision of the corresponding criminal law norms.

The article is devoted to the topical issues of analysis and systematization of sources of Sports and Civil Law. The role of sports in the development of modern society is constantly growing. The development of civil and sports legal relations requires the systematization of the sources of Sports Law, which should harmonize the entire complex of normative legal acts in the field of physical culture and sports. This would make it possible to develop educational programmes for training future specialists in this field, and would raise the legal resolution of disputes in this field to a more professional level. State policy and private financing in this area require a qualitatively new level of legal regulation. This requires the creation and systematization of legal norms regulating sports relations. In particular, among the issues that require a legislative solution are the regulation of the legal status of the athlete, the peculiarities of the protection of the rights and interests of the subjects of sports relations, and more. For this, first of all, it is necessary to determine the legal sources of Civil and Sports Law and unify them with international legal sources. Civil and Sports Law has its own sources of law. This is the basis for its inclusion in the structure of the civil legislation of Ukraine. Systematization of civil sports legislation should be carried out through codification. This is explained by the presence of a large number of sources of Sports Law, which contain conflict of laws rules and do not always meet international requirements and standards, as a rule, they are of a general nature. It will also help to eliminate the gaps and contradictions that currently exist in the legal acts regulating the relationship between physical culture and sports. In addition, Civil and Sports Law will meet international standards, the legal status of professional athletes and other subjects of sports legal relations will become more protected, research in the field of Private Law regulation of social relations arising in the field of physical culture and sports will be intensified, it will make it possible to establish the procedure for consideration of disputes between subjects of sports legal relations more transparent.

England's new biodiversity net gain legislation represents a historic milestone, and a vital step towards reversing the long-term depletion of the natural environment by human activity. Adopted in November 2021, the new legislation will require new building and infrastructure projects to provide a 10% net gain in biodiversity. First proposed over a decade ago, biodiversity net gain policies were initially envisaged as a means to create large scale ecological networks, by offsetting habitat lost to development with strategically located habitat creation. In their current form however, the net gain policies primarily focus on mitigating localised effects of development. We argue that off-site habitat gains should be encouraged, to support the creation of large-scale ecological networks. There are considerable resourcing bottlenecks and knowledge gaps which could hamper the successful delivery of the net gain legislation. To roll out these policies across all of England and at all scales of development will require a much bigger cohort of ecologists, specialist training for developers and their professional teams, and new collaborative working practices linking the private, public and charitable sectors.

The faltering emergence of new ‘mental health’ legislation in England and Wales between 1998 and 2005 is described. The slow progress largely reflected widespread opposition to the content of the government's plans to replace the Mental Health Act of 1983. That opposition was formalised in the Mental Health Alliance, an umbrella organisation which included user and professional groups as well as voluntary sector bodies. This article highlights the main points of dispute between the government and its opponents. In particular, concerns about compulsion and the duty of the state to guarantee good quality care in every locality divided the government and its critics. The implications of these disputes are discussed, along with some questions about interest work within the Alliance.

The article analyzes the issues of responsibility of sports fans for illegal behavior during mass sportsevents. The forms of manifestation of illegal behavior of fans, the current Russian and foreign legislation in this area are investigated. The legislation of the European Union is being considered, including theEuropean Convention on the Prevention of Violence and Hooligan Behavior of Spectators during SportingEvents and, in particular, football matches, the legislation of other states establishing responsibility forthe illegal behavior of fans. The article presents an analysis of certain norms of Russian law that establishresponsibility for violating the Rules of behavior of spectators during official sports competitions, includingsuch an administrative measure as a ban on attending sports events. It is concluded that it is necessary tostrengthen responsibility for offenses committed by sports fans, the adoption in the Russian Federation ofa number of special norms establishing criminal liability for such crimes, and the adoption of a special lawregulating the sphere of professional sports

This scientific article examines theoretical aspects in the field of professional activity of sports agents. The article considers the history and causes of agency activity in the field of professional sports and sports of higher achievements. The role of sports agents in the employment of athletes and coaches of junior, youth and professional sports is also noted. In the article, the authors analyzed the current federal legislation on the stated topic, identified "gaps" and shortcomings of legal technology. Local acts of sports organizations have been stu-died, which are the basis for regulating the activities of athletes, coaches, sports clubs and other persons within the framework of these organizations (legal entities). Special attention is paid to the issue of mandatory accreditation fees for obtaining a sports agent license for a specific sports organization. The authors raise the question of the expediency of their systematic reduction, since this fact will contribute to increasing the level of competition in this field of professional activity. The authors conclude that the activities of sports agents need more detailed legislative regulation at the federal level. Also, taking into account the specifics of this activity, other existing problems should be studied by specialists in the field of sports law.

The study prerequisites are the fragmentation in the current criminal legislation of criminal law standards protecting the field of sports, as well as the issues of criminalization of acts in sports and the qualification of sports crimes. The study aims to solve the issues of systematization of regulatory provisions, the object of which is social relations in sports, taking into account the characteristics of the generic and specific objects, the degree of encroachment danger. The methods included the dialectical method, abstraction, analysis, synthesis, deduction, formal legal method, method of comparative jurisprudence. The results and novelty of the study reside in the conclusions about the advisability of identifying a separate specific object of criminal law protection (social relations in sports), which would systematize related and close acts not only in professional sports but also at all levels of official sports competitions. In this context, the issues of criminalization and qualifications of causing harm to life and health of an individual in violation of the sport rules, exerting unlawful influence on the result of an official sports competition, actions provided for in Art. 230.1 and 230.2 of the Criminal Code of the Russian Federation, as well as the synchronization of the subject of the latter with the subject of Art. 234 of the Criminal Code of the Russian Federation. Based on the foregoing, the recommendation of isolating a separate chapter in the Criminal Code of the Russian Federation and issuing a separate Resolution of the Plenum of the Supreme Court of the Russian Federation on crimes in sports is substantiated. Such measures will be able to optimize the criminal law protection of such an important sphere of public life as sports. In addition, this will make it possible to bring the quality of domestic criminal legislation and sports legislation to the international level and significantly increase the prestige of the Russian Federation.

By the beginning of the new millennium, a common understanding of the role and place of sport in the state, society and personality had developed in the world’s leading countries. Being an integral part of social life, sport is often called the socio-economic phenomenon, one of the most important parts of the foundations for building modern social values and culture. Sport is a social phenomenon that has a tremendous impact on various spheres of society: economy, management, culture, education, international relations, political processes, and, most importantly, the nation’s health. Today, the country is in a fragile phase of development and change. We have never before been able to change the internal situation and system. But it is important to focus not only on general issues but also on more everyday ones such as sports. The level of development of sport is always an indicator in the world of the country’s development on the international stage, the health of the nation and its spiritual and patriotic filler. Today, sports law in the country is just beginning to develop and become established, but it can already be seen that almost every leading law firm in the country provides services in the field of sports law separately. Unfortunately, there is almost no legal regulation in the field of sports in Ukraine. Recently, however, both administrative and criminal liability have been introduced for some violations, which is a good signal. It is necessary to cover the analysis and improvement of the legislation, because only in this way will the legal and actual development of the industry be achieved. The analysis of national and foreign legislation, works of scientists is carried out in this work, and directions of further reformation and development of the field of sports and physical culture are developed. The correlation of the norms of the domestic legislation with the norms of the international legislation and the introduction of the necessity of introducing our state into the international sports institutions are also analyzed. Developing approaches will help develop amateur and professional sports, take another step in the fight against corruption and improve society. Keywords: sports, sports law, international sports law, physical culture, Olympic Committee, doping, administrative management, corruption, health.

In recent decades, historians of English psychiatry have shifted their major concerns away from asylums and psychiatrists in the nineteenth century. This is also seen in the studies of twentieth-century psychiatry where historians have debated the rise of psychology, eugenics and community care. This shift in interest, however, does not indicate that English psychiatrists became passive and unimportant actors in the last century. In fact, they promoted Lunacy Law reform for a less asylum-dependent mode of psychiatry, with a strong emphasis on professional development. This paper illustrates the historical dynamics around the professional development of English psychiatry by employing Andrew Abbott’s concept of professional development. Abbott redefines professional development as arising from both abstraction of professional knowledge and competition regarding professional jurisdiction. A profession, he suggests, develops through continuous re-formation of its occupational structure, mode of practice and political language in competing with other professional and non-professional forces. In early twentieth-century England, psychiatrists promoted professional development by framing political discourse, conducting a daily trade and promoting new legislation to defend their professional jurisdiction. This professional development story began with the Lunacy Act of 1890, which caused a professional crisis in psychiatry and led to inter-professional competition with non-psychiatric medical service providers. To this end, psychiatrists devised a new political rhetoric, ‘early treatment of mental disorder’, in their professional interests and succeeded in enacting the Mental Treatment Act of 1930, which re-instated psychiatrists as masters of English psychiatry.

The focus of this paper is the way in which learning on a post graduate professional academic training module is developed and articulated via processes of shadowing and the production of two assignments (a written case study and a reflective piece). The context is learning about key aspects of Mental Capacity legislation and the data for the study came from work submitted by fifty students on four successive iterations of a 'best interests assessor' (BIA) training course in England. We sought evidence of the use of key elements including specific sections of the Mental Capacity Act 2005 (MCA) as well as case law; professional values; practice guidance; and classroom education. Moreover we were interested in the ways in which a brief shadowing of a practicing BIA helped to make sense of these disparate elements in practice. Practice guidanc from expert bodies such as SCIE and NICE, the formal legal test of capacity, and certain relevant pieces of case law were not referred to as much as expected, but most candidates showed the ability to deftly navigate the tensions and challenges which arise when trying to meld case law, statute law, codes of practice, and classroom learning and ensure that this is used to safeguard the rights of vulnerable adults.

As the Law Commission welcomes suggestions for the 11th Programme of Law Reform, this article argues that the criminal law is an ideal candidate for reform and explores the potential for the implementation of a criminal code in England and Wales. While numerous obstacles exist to impede codification efforts, namely institutional and professional hostility, claims that a criminal code's theoretical foundations are incompatible with England's common law sympathies, and the current trend towards stop-gap legislation, the author nevertheless argues that a criminal code is necessary in order to rectify the substantial lacunae in the fundamental relationship between the individual and the state. The article sets out the case for a criminal code and examines reasons of failed attempts at codification, which was once at the forefront of the Law Commission's reform agenda. Endeavours such as Bentham's Utilitarianism, Macaulay's efforts in India and the 19th century Law Commissioners are scrutinised in an attempt to divine the likelihood of codification and conditions for success. German criminal law is endorsed as a source of inspiration in the search for a coherent and efficient code and the author submits that with the support of the judiciary, Parliament, government and legal scholarship, criminal codification is attainable.

Purpose This study aims to analyse the effects of the Presidential Powers (Temporal Measures), amendment to the Money Laundering and Proceeds of Crime Act to include legal practitioners under the list of designated non-financial business and professions. Design/methodology/approach The study is a textual analysis of anti-money laundering legislation [anti-money laundering (AML) legislation] within the context of legal practice in Zimbabwe. Findings The amendment put Zimbabwe on the international standard in the fight against money laundering, as legal practitioners have become a soft target for money laundering. Despite its noble aim, in Zimbabwe there is anecdotal evidence that the AML legislation turns lawyers into watchdogs or law enforcement agents. On the contrary, the amendment prevents lawyers from falling to the mercy of organised criminals and money launderers. Furthermore, there is a dearth of empirical research that can demystify the impact of some of the provisions of this law on contested issues, such as legal professional privilege. Research limitations/implications This study aims to outline the rationale for anti-money laundering policy and law. This study will analyse how the issue has been approached in other jurisdictions such as England and Wales. The paper will then try to establish coherent principles in the prevention of money laundering. This study will also suggest a number of recommendations as to how Zimbabwe could approach some of the issues while still considering the need to balance competing influences of legal privilege and money laundering regulations. Practical implications The paper will bring this issue to the fore and initiate an informed debate, as well as provide practical talking points for legal practitioners to embrace the AML regime and to engage policymakers on the issues that need reform. Originality/value This paper provides the first in depth analysis of the money laundering legislation in the legal fraternity in Zimbabwe and goes to offer practical tips and entry points on the application of the regulations or for advocacy towards any reform as might be needed.

The Constitution of Ukraine enshrines the duty of the state not only to take care of the development of physical culture and sports (Article 49), but also to respect and protect the rights and freedoms of human and citizen (Part 2 of Article 3 of the Constitution of Ukraine). The protection of state powers is one of the most important indicators of a legal and democratic state [1].One of the most important steps on the way to solve this problem is the effective and efficient work of the legislator. Despite the huge amount of legal material, it is worth noting the existence of gaps and conflicts in the legislation, or even the absence of rules that would regulate public relations related to the peculiarities of the development of social activities in the field of sports.Instead, local regulations, rules or decisions of specialized non-governmental organizations leading an international sports movement are recognized as binding, in violation of existing national regulations. That is why a separate constitutional and legal study needs «autonomy of sport» as a fact that has developed and regulates professional sports in Ukraine. The purpose of the article is a review and constitutional and legal analysis of the mechanism of realization of the rights of professional athletes speaking of the autonomous nature of activities in the field of sports.A number of facts confirming the existence of «autonomy» in the field of professional sports are considered, namely, alcohol advertising, the relevant powers of the Ministry of Youth and Sports of Ukraine and the limit on legionnaires. The jurisdiction of sports justice is analyzed.The inconsistency of local regulations with the provisions of the Constitution of Ukraine and other national legislations has been proved. The expediency of creating a separate specialized arbitration center - a permanent arbitration court in the field of sports - is substantiated. Emphasis on the need to allocate sports law in a separate branch of law and the adoption of a special Law of Ukraine «On Professional Sports», which will form common principles and a comprehensive approach to the regulation of relations in this area is placed.

The article is devoted to the study of the peculiarities of the disciplinary responsibility of professional athletes. The article reveals the meaning of the concept of disciplinary responsibility, the features of a professional athlete's disciplinary offense, and the specifics of bringing an athlete to disciplinary responsibility. Within the framework of the article, the issue of the admissibility of applying certain types of sanctions, particularly a fine, will also be investigated, and attention will be paid to the point of responsibility for violation of the sports regime. The issue of disciplinary responsibility of this category of employees is relevant and necessary to study in connection with the lack of a clear understanding of the specifics of the mentioned institute, the lack of distinction between disciplinary responsibility and other types of legal responsibility, as well as some other problems that arise when applying disciplinary sanctions to athletes professionals’ Legal regulation must be effective and meet the requirements of the time. The completeness of the liability rules is a guarantee of ensuring the constitutional rights of subjects of labor relations. Detailing the rules on disciplinary responsibility allows for the definition of clear boundaries of acceptable behavior for the employer and necessary behavior for the employee. The disciplinary responsibility of athletes is fully established depending on the specific sport by disciplinary statutes, regulations, regulations rules of the relevant international sports federations, national sports federations, clubs, and associations. Therefore, the legal regulation of the activities of professional athletes differs from the general regulation, has its characteristics, and requires special attention from the legislator. In particular, the article focuses attention on the need to introduce special disciplinary responsibilities for professional athletes, in particular through the adoption of a special law regulating the professional activity of athletes. The article proposes other measures to improve the current labor legislation.

The article substantiated that by its legal nature the Concept of updating the Civil Code of Ukraine reflects exclusively the personal views of a small group of scientists, the authenticity of which is not confirmed by the results of scientific research; the document does not have the status of a scientific publication and has not passed the procedure for discussion in the professional environment. The private nature of the Concept preparation excludes its use as a basis for legislative work of the Verkhovna Rada of Ukraine. It has been proved that the Concept has methodological problems, and the proposals formulated in it contradict the Constitution of Ukraine, violate social guarantees and do not agree with the norms of the current legislation, in particular: the Law of Ukraine “On Local Self-Government in Ukraine”, the Tax Code of Ukraine, the Land Code of Ukraine, the Law of Ukraine “On Education”, the Law of Ukraine “On Protection of Economic Competition” etc. It was emphasized that the implementation of certain provisions of the Concept for updating civil legislation of Ukraine will lead to the impossibility of practical implementation by local self-government bodies of functions in the field of housing and communal services, consumer services; in the field of culture, health, education, physical education and sports and the commercialization of these services. This will lead to a rapid increase in the level of prices for housing and communal services, the complete destruction of the system of free medical care, as well as free preschool, complete general secondary and professional (vocational) education. Since more than 60% of the population of Ukraine is currently below the poverty line, a significant increase in prices for utilities, the transfer of healthcare institutions, as well as preschool, general secondary and vocational (vocational) education exclusively on the commercial basis of management will deprive the vast majority of the population of the financial opportunity to pay their market value, which will lead to a further decrease in living standards and deterioration of the demographic situation in Ukraine, which is already unsatisfactory. In addition, the population of Ukraine will be limited in access to the services of cultural, physical education and sports institutions. It was concluded that the refusal of the real right of economic management and the right of operational management will create preconditions for depriving territorial communities of communal property and the impossibility of fulfilling their constitutional powers, as well as to enrich a small group of persons of private law and the final impoverishment of the rest of the population of Ukraine.

The article analyzes the content of those innovation norms in the Russian criminal legislation that establish liability for the use of doping drugs in the field of amateur and professional sports. The article provides evidence of the high social and political significance of social relations that have developed in the field of sports. The promotion of a sports lifestyle is one of the conditions for protecting the health of the nation, as a result of which the health safety of persons taking direct part in sports at various levels should be provided with special criminal law means, which implies the allocation of a separate object in the structure of the Special Part of the Criminal Code of the Russian Federation. On the basis of the results of the study of the anti-doping sphere of criminal law protection, as well as the content of special norms of the criminal law, assumptions are made about the presence of gaps in the content of the current norms on liability for the use of doping drugs and other prohibited drugs (substances). On this basis, the work identifies possible directions for the implementation of further scientific research in the field of health protection of persons taking part in sports competitions at various levels.

The Professional and Amateur Sports Protection Act (PASPA), was a 1992 law that, as has been well-documented, effectively restricted sports betting to Nevada. PASPA accomplished this by dictating that states could not "sponsor, operate, advertise, promote, license, or authorize by law or compact," sports wagering. A separate provision forbade private parties from operating state-authorized sportsbooks. In 2018, the Supreme Court invalidated PASPA as a violation of the 10th Amendment to the US Constitution. The Court held that Congress did not have the constitutional authority to tell a state how to legislate and PASPA's provision that states could not authorize sports betting dictated to state legislatures what they were permitted to do and not do. The Court's ruling unleashed an explosion of pent-up energy for sports betting that had been building since PASPA became effective in 1993. Since that decision, several states have authorized sports betting in one of the most rapid expansions of a form of gambling in US history. Even more states are considering legislation that would permit sports betting, and the number of states legalizing and regulating sports betting will inevitably increase in 2020 and beyond. The controversy over sports betting has pivoted from whether states could legally offer sports betting, to whether they should legalize sports wagering, and if so, how they should go about regulating it.

The aim: The study of international and domestic practices of Ukraine concerning the legal regulation of liability for exerting illegal influence on the results of official sports competitions within the context of such means of its commission as the use of doping for the purpose of obtaining additional arguments to emphasize the benefit / the inexpedience of criminalization of such acts as quasi-corruption fraudulent activities. Materials and methods: The article implements doctrinal provisions of domestic and foreign scientific developments in relation to the liability for illegal influence on the results of official sports competitions by means of the use of doping as well as national and foreign criminal legislation, established law enforcement practices, and results of the sociological survey. For such purpose, the authors utilized the methods of analysis and synthesis, a comparative legal method, methods of survey and generalization of viewpoints, research findings. Conclusions: Authors have established the absence of necessity for the introduction of the criminal prohibition in respect of athletes for the use of doping for an entire span of their professional career as well as for the use of doping as the means for exerting illegal influence on the results of official sports competitions. The expedience of further studies has been ascertained by drawing from the experience of the EU, Australia, Canada, USA, and other countries concerning the legal regulation of liability for exerting illegal influence on the results of official sports competitions, legal consequences of the use of doping and corresponding law enforcement practices within the context of grounds and principles of criminalization of socially dangerous acts elaborated by the criminal law studies.

The cry of labor has seized the world’s ear. The Press, the Legislature, and the world at large is listening to the voice of labor…. When this journal first resolved to secure a hearing for all working-class questions, there was scarcely a column of a leading London newspaper which was then open. Now, following our lead, every great daily paper has its labor section…. Nor is it only the press which is watchful. It is the readers of the Press….This self-promoting editorial in the Star in 1891 made a critical point: labor issues were becoming a standard feature in daily newspapers. Sweating, loopholes in factory legislation, and the famous Dock and Match Girls’ strikes were among the subjects found in the pages of papers such as the Star. This trend in reporting was part of the “New Journalism” that developed in England between the 1880s and 1914. In an attempt to cater to the tastes of mass audiences, there was a shift in emphasis from parliamentary and political news to sports, gossip, crime, and sex. Papers, for instance, reported on the brutal Jack the Ripper murders in the East End of London. New journalists and editors, like W. T. Stead and Thomas P. O’Connor, also produced interviews, exposes, and political editorials in order to influence public opinion and promote what Stead called “government by journalism.” Stead produced what has been called the most successful piece of scandal journalism of the nineteenth century, “The Maiden Tribute of Modern Babylon,” which depicted young girls for sale to older men. Passage of the 1885 Criminal Law Amendment Act, which raised the age of consent for sex to sixteen, was one of its political consequences.

Few traditions are as near and dear to the hearts of Americans as college athletics. The institution holds a special place in society because it reflects the ultimate convergence of those values that uniquely define the United States: loyalty, competitiveness, and pride. However, the notion of basic fairness seems to have been excluded along the way, as the commercialization of college athletics gave way to total dominance over the industry by the National Collegiate Athletic Association (NCAA). The NCAA promulgates sports rules and organizes collegiate-level championships, but its most influential role involves promoting “amateurism,” or the notion that student-athletes are not entitled to compensation because college athletics should be about the love of the game, not monetization. While amateurism may be touted as an honorable principle aimed at preserving the character of college athletics and its differences from professional sports, the principle is more difficult to justify at a time when the NCAA earns $1.1 billion per year in revenue, none of which is shared among student-athletes who work full-time and typically live below the poverty line. Last year, state legislators paused to consider whether any justification exists for continuing to adhere to the NCAA’s archaic system of denying compensation to student-athletes in light of the fact that “amateurism” holds no significance in a legal sense. Given the lack of any such justification, the California legislature became the first to explicitly defy the NCAA in passing the Fair Pay to Play Act in September of 2019. Since then, a number of states have followed suit by drafting nearly identical laws that would likewise have the effect of permitting student-athletes to earn compensation for use of their name, image, and likeness (NIL). Unsurprisingly, NCAA leadership vehemently condemned the movement at first, threatening to strip member institutions affected by the new legislation from the organization altogether. The NCAA has since reneged on its hostile position, making a public commitment to reform its policies so as to authorize paid endorsement opportunities for student-athletes on some level. However, the organization will undoubtedly attempt to minimize the impact of the Fair Pay to Play Act and its progeny whether through litigation or by crafting new restrictive policies ultimately aimed at nullifying the effects of new laws. Admittedly, the state-by-state approach to adopting a new stance on athlete compensation comes with a number of practical challenges, thereby providing fertile ground for the NCAA to launch powerful objections. This Comment aims to present a workable solution in the form of a comprehensive federal law, which would secure the rights of student-athletes to earn compensation for use of their NILs before the NCAA is given the opportunity to preempt the significance of that right. While several congressmen have drafted federal laws related to the topic of NIL rights in this context, this Comment identifies particular issues that have been overlooked at the state level thus far, recommending specific provisions that would not only embrace student-athletes’ rights in principle as a matter of basic fairness, but make those rights a practicable and economically feasible reality.

The use of doping in sport is quite widespread at present. Primarily, it concerns professional and high level sport, where the best performance results in high income and profitable endorsement deals. It creates a temptation to improve the natural sport achievements through the use of doping. The public danger of such actions is evident: doping not only poses a threat for the athlete’s health, it also, from the viewpoint of justice, infringes on the interests of those athletes who, out of principle, never use prohibited substances and (or) methods to improve their performance in sports. Besides, such actions considerably reduce the educational effect of sport, including the declared honesty and fairness of competition. Finally, the use of doping misleads fans, spectators and sponsors of sports competitions. The authors analyze German criminal anti-doping legislation and assess the possibilities of using some of its clauses to improve Russian criminal law norms that provide for criminal liability in the cases of doping-related crimes. They show if it is possible to use the athletes’ laboratory doping tests, probes, etc. as well as the official decisions of international, national disciplinary bodies and sport courts in criminal proceedings in connection with the well-known principle of nemo tenetur («nobody is bound to incriminate himself» — equivalent to the clause of Art. 51 of the Constitution of the Russian Federation) while taking into account the prejudice principles of Russia and Germany.

Duties of protection are duties of the state to protect certain legal interests of its citizens. They cover the interests of life, health, freedom and property and also protect some other interests and certain constitutionally recognised institutions. State duties of protection must be considered in connection with fundamental rights. The foundations of modern constitutionalism and attendant procedures are essential to develop guidelines for a constructive critique of the jurisprudence of the Constitutional Court. This is done with reference to the recent history of France, Germany and England. The historical excursus reveals that a single theory underlies the variety of constitutional states. The development of the constitutional state gave rise to the significance of the preservation of freedom through the maintenance of law and the separation of powers. This has given rise to various legal devices, based also in part on experience with moderate rule and earlier theories of the imperium limitatum.A textual analysis of the German Basic Law is undertaken to determine whether and how the duties of protection are expressly created. Furthermore, the duties that have been discovered in the Basic Law by the Federal Constitutional Court are considered. These duties include the protection of human life and health, personal freedom, the right to autonomous development of one's personality, freedom of science, research and teaching, marriage and the family, children, mothers, professional freedom, property and the protection of German nationals against foreign states. Finally the justification of such duties and the constitutional control of the manner of protection are considered.In a final section a critique of relevant constitutional jurisprudence is undertaken. It is argued that claims to protection cannot be directly binding law. They presuppose legislation. If statutory protection is connected with infringements of third-party fundamental rights, the principle of proportionality can be adopted to test whether the protection is effective. Insofar as protection can be achieved without infringements of rights, one must attempt to test the effectiveness of protection by some other means. Where the legislature omits to protect at all, the court should limit itself to establishing the existence of a duty and to querying its non-fulfilment. The Court may not pass protective regulations or impose a duty to pass specific regulations. Where general statutory norms apply, protective duties can be realised through the socalled indirect third-party effect of fundamental rights. In its reaching its decision, the German Federal Constitutional Court is responsible for preserving the political discretion of the legislature in protecting interests and remembering the structural distinction between "hard" defensive rights and "soft" protective duties in order to prevent the erosion of the directly binding nature of defensive rights.

Development of the Law of Trusts in ScotlandSummaryThe earliest indisputable traces of trusts law in Scotland may be found in reports from the first half of the XVH‘h century. There are several examples of even earlier dispositions to which a fiduciary character might be ascribed, coming from the XV,h and XVTh centuries. Nevertheless, we are not able to state categorically that these represent examples of trusts, since there is nothing about priority of beneficiary's rights in respect to trust property, before trustee’s personal creditors, whereas it seems to be today differentiam specificam discerning trust from contractual relations.According to the aforementioned case law, the main subject of trust dispositions was land (immoveable property, called in Scotland “heritable”). The main issue giving rise to legal controversies was the question of the manner in which the existence of a trust in land was allowed to be proved. The rules of evidence adopted by the Court of Session differed substantially from those of Scottish land law which were usually applied when proving titles in land. According to Scottish institutional writers, it seems to be most probable that the reason for such a favourable standing of land being subject to trust was that the Court of Session proceeded on the ground of its’ nobile officium, extraordinary equitable jurisdiction performed by this court, most probably since the very early stages of it’s activity, on the basis of a statutory provision from 1540.During the XVIIth century the first statutory regulations concerning trusts appeared, but more substantial progress in this respect took place in the XIXth century. Most often, it was statutory implementation of earlier common law principles and, in relation to trustees’ competences, of standards relating to the professional drafting of trust deeds. XIXth century legislation was consolidated in 1921 as the Trusts (Scotland) Act 1921 which was subsequently amended in 1961 and, together with the British Trustee Investments Act 1961 (which is still in force in Scotland although will be repealed soon, as it was already done in England in 2001), is partial codification of Scottish trusts law. Nevertheless it should be emphasised that Scottish trust law is still principally based on case law.As regards the influence of English Equity on the development of the Scottish law of trusts, it seems to be negligible in the early stage of the latter’s development. A considerable influence of the Chancery Court’s cases upon Scots law in respect of trusts only began in the fourth decade of the XIXth century, with a book by Charles Forsyth ( The Principles and Practice o f the Law o f Trusts and Trustees in Scotland (1844)), who had used intensively English case law as an illustration, he claimed, of Scottish law principles. Since this publication, nevertheless, English case law, as exposed in English textbooks, though not necessarily in the Chancery Reports, became an important source of inspiration for Scottish lawyers writing books on this subject and, subsequently, it was also used in the Court of Session as an important source of authority. Notwithstanding the above, Scottish judges were always more critical and generally have applied English principles in a less willing manner than has been seen from Scottish advocates and solicitors. Generally speaking, the English influence, although considerable, has not changed the very construction of Scottish trusts law. A beneficiary’s claim in respect of trust property is still considered to be a personal right, as opposed to a sui generis right in real estate.Contemporary Scottish jurisprudence considers trust property as a trustee’s special patrimony, distinct from his general patrimony and, as such, not accessible by his personal creditors. In this way, the Scots have worked out a civil law approach to trust, which was long considered to be hardly possible. This is also a reason why Scottish trusts law, as well as the whole of Scottish law, attracts so much attention from lawyers from Continental Europe.

This article presents an attempt to determine a preferred way of forming a healthy lifestyle of university students within the discipline "Physical Culture". According to a number of researchers, the foundations of the principles of healthy lifestyle are laid long before entering the higher education system. But the system itself cannot stay away from the changes taking place in modern Russian society. An important tool through which it is possible to influence the healthy lifestyle of students is the training system within the discipline "Physical Culture" organized at a university. Thanks to this system, it is possible to change the shape and nature of the students' lifestyle to varying degrees. It turns out to be significant that in the modern world, young people, and students in particular, are influenced by two contradictory trends in the formation of their lifestyle. On the one hand, society requires students to think about the future, pay great attention to health and be able to keep it in good condition, and on the other hand, there are changes in the educational process of higher educational institutions, mainly in the direction of reducing the hours of classroom workload for students. The state also focuses on the problem of public health. In this regard, the Federal Law "On Physical Culture and Sports in the Russian Federation" dated December 4, 2007 (No. 329-FZ of December 4, 2007) appeared in Russian legislation. Also in the Federal Target Program "Development of Physical Culture and Sports in the Russian Federation for 2016-2020" (No. 464 of 05/25/2016) the need to popularize the standard of healthy lifestyle as one of the most important priorities of Russia's social and economic policy was emphasized. The basis for this article was a part of the study by A.V. Shishkina, a graduate of the Institute of History and Sociology, department of Sociology, UdSU, conducted in 2018-2020 and performed under the scientific supervision of Ph.D., Associate Professor M.A. Polishchuk. The results obtained can be useful to specialists in working with young people, contributing to improving the culture of serving visitors of different socio-demographic groups and more careful planning of their professional activities.

The article proposes an explanation of duty of care concept – one of the essential condition for establishing tortious liability under the common law system. Personal injury in sports and leisure was taken as the area of research. The article discusses how this legal institution developed, what rules apply to its establishment as well as some distinctive difficulties arising in this respects in the area of sports and leisure due to some inherent risk of personal injury related to them. Duty of care of athletes, participants in physical leisure activities and their organizers was debated. The legislation of England and Wales under which this institution developed was taken as a basis for deliberations. The article concerns important issues, though rarely debated in the Polish legal literature, and constitutes an important piece of knowledge for a legal scholar providing professional insights and prompting both axiological and purely practical deliberations.

AbstractThis chapter examines legal, regulatory, and social issues surrounding the phenomenon of the daily fantasy sports (DFS) industry in the USA. Traditional fantasy sports contests largely involved groups of family or friends creating their own respective “fantasy” teams of real professional athletes, whose actual games results over the course of an entire season determined the success of one’s fantasy team. Fantasy sports contests were not considered gambling on sports, and federal legislation exempts “fantasy sports” from prohibitions against online gambling. As the name implied, DFS is a different product, offering users who pay the DFS operating company to select their team roster on a daily basis, competitions can occur over a day or a week depending on the contest, and among thousands of users, few of whom are consistent winners in the contests. The DFS commercials and advertisements are again blaring the airwaves. Major DFS operators are expanding their product lines and are now fully immersed in online, mobile, and casino sports gambling in states where legal. The DFS and sports gaming market is booming; the technology, analytics, user sophistication, financial stakes, and the distinction between DFS and gambling are increasingly blurred. This chapter considers the legal, regulatory, and social issues arising from the expanding DFS and sport gaming business.

The article discusses the foundations of tortious liability for personal injury in the common law system, the conditions for establishing such liability, methods of discharge from such liability and how differently these issues are treated in various common law countries. Further, the article explains the essential elements of liability: duty of care, breach of this duty which causes someone’s injury and causation that is a direct causal relationship between breach of duty and injury. The legislation of England and Wales under which this institution developed was taken as a basis for deliberations. However, against this background some American, Canadian and Australian approaches were also discussed. The article concerns important issues, though rarely debated in the Polish legal literature, and constitutes an important piece of knowledge for a legal scholar providing professional insights and prompting both axiological and purely practical deliberations

Abstract In the digital age, traditional approaches to accessing information are disrupted by the ‘public’ nature of social media. The notion of accessing service users’ social media in social work practice is fraught with ethical issues around privacy and boundaries, yet lacks clear guidance from existing law and policy. This qualitative study sought to identify how mental health social workers were navigating these issues and how they thought practice could be developed. Ten mental health social workers, from one NHS Trust in England, were interviewed about their views and experiences around accessing service users’ social media without express permission. Semi-structured interviews were analysed using thematic analysis. Practitioners shared a variety of justifications for utilising social media, based upon statutory responsibility and professional values, but felt direct guidance/legislation and training would be helpful. A process of ‘digital reflexivity’ was outlined, which balanced reasons to access social media against considerations of privacy and the potential effects on the therapeutic relationship. Implications include the need for definitive guidance and training around if, when and how to access service users’ social media; inclusion of digital reflexivity in supervision and multidisciplinary meetings; educating service users about privacy controls; and a potential reconfiguration of theoretical boundaries to include the ‘public’ domain.

Trade unions play an important role in organizing activities in the field of labour law, although some representatives of the doctrine believe that the ruling powers of trade unions are in fact administrative in nature. The role of trade unions is important in all sectors of the economy, including sports. In many European countries, trade unions in sport play a key role in ensuring that players’ right are respected. The potential of trade unions in Poland is still not fully used. The aim of this article is to analyse the role of trade unions in sport by determining their features and perspectives, in particular taking into account the extension of the subjective scope of the coalition right after the amendment to the Trade Unions Act. The deliberations will lead to an answer to the question: Is it finally time for trade unions in the professional sport sector or is it still a distant perspective? The article uses the dogmatic and legal method, and also indicates foreign solutions in relation to the comparative method. The considerations present legal solutions in the USA, England and the Netherlands. The deliberations concern both labor law and sports law. The main conclusion from the conducted research is that there are formal and legal possibilities for trade unions to play a more important role in the medium and long term, however, there is no specific entity or group of entities that would be really interested in their development, both among the athletes themselves as well as in sports clubs and Polish sports associations or the Ministry of Sport.

ObjectivesMost concussions in rugby union occur during tackles. We investigated whether legislation to lower maximum tackle height would change tackle behaviour, and reduce concussion incidence rate.MethodsIn an observational evaluation using a prospective cohort design, 12 elite men’s teams played in two competitions during the 2018/2019 season. The Championship (90 games) retained standard Laws of Rugby for the tackle; the Championship Cup (36 games) used revised laws—the maximum tackle height was lowered from the line of the shoulders on the ball carrier to the line of the armpits. Videos of tackles were analysed for ball carrier and tackler behaviour. Injury data were collected using standardised methods.ResultsIn the lowered tackle height setting, there was a significantly lower proportion of tackles; (1) in which ball carriers (rate ratio (RR) 0.83, 95% CI 0.79 to 0.86) and tacklers (RR 0.80, 95% CI 0.76 to 0.84) were upright, (2) in which the tackler’s initial contact was to the ball carrier’s head or neck (RR 0.70, 95% CI 0.58 to 0.84) and (3) in which initial contact was above the line of the ball carrier’s armpit (RR 0.84, 95% CI 0.80 to 0.88). Concussion incidence rate did not differ between conditions (RR 1.31, 95% CI 0.85 to 2.01). Unexpectedly, compared with the standard tackle height setting, tacklers in the lowered tackle height setting were themselves concussed at a higher rate as measured by; (1) incidence (RR 1.90, 95% CI 1.05 to 3.45) and (2) concussions per 1000 tackles (2.09, 95% CI 1.15 to 3.80).ConclusionsLegislating to lower the height of the tackle meant that tacklers made contact with the ball carrier’s head and neck 30% less often. This did not influence concussion incidence rates. Tacklers in the lowered tackle height setting suffered more concussions than did tacklers in the standard tackle height setting.

IntroductionAccounts of criminals, their victims, and their pursuers have become entrenched within the sphere of popular culture; most obviously in the genres of true crime and crime fiction. The centrality of the pursuer in the form of the detective, within these stories, dates back to the nineteenth century. This, often highly-stylised and regularly humanised protagonist, is now a firm feature of both factual and fictional accounts of crime narratives that, today, regularly focus on the energies of the detective in solving a variety of cases. So familiar is the figure of the detective, it seems that these men and women—amateurs and professionals—have always had an important role to play in the pursuit and punishment of the wrongdoer. Yet, the first detectives were forced to overcome significant resistance from a suspicious public. Some early efforts to reimagine punishment and to laud the detective include articles written by Charles Dickens; pieces on public hangings and policing that reflect the great Victorian novelist’s commitment to shed light on, through written commentaries, a range of important social issues. This article explores some of Dickens’s lesser-known pieces, that—appearing in daily newspapers and in one of his own publications Household Words—helped to change some common perceptions of punishment and policing. Image 1: Harper's Magazine 7 December 1867 (Charles Dickens Reading, by Charles A. Barry). Image credit: United States Library of Congress Prints and Photographs Division. A Reliance on the Scaffold: Early Law Enforcement in EnglandCrime control in 1720s England was dependent upon an inconsistent, and by extension ineffective, network of constables and night watchmen. It would be almost another three decades before Henry Fielding established the Bow Street Foot Patrol, or Bow Street Runners, in 1749, “six men in blue coats, patrolling the area within six miles of Charing Cross” (Worsley 35). A large-scale, formalised police force was attempted by Pitt the Younger in 1785 with his “Bill for the Further prevention of Crime and for the more Speedy Detection and Punishment of Offenders against the Peace” (Lyman 144). The proposed legislation was withdrawn due to fierce opposition that was underpinned by fears, held by officials, of a divestment of power to a new body of law enforcers (Lyman 144).The type of force offered in 1785 would not be realised until the next century, when the work of Robert Peel saw the passing of the Metropolitan Police Act 1829. The Police Act, which “constituted a revolution in traditional methods of law enforcement” (Lyman 141), was focused on the prevention of crime, “to reassure the lawful and discourage the wrongdoer” (Hitchens 51). Until these changes were implemented violent punishment, through the Waltham Black Act 1723, remained firmly in place (Cruickshanks and Erskine-Hill 359) as part of the state’s arsenal against crime (Pepper 473).The Black Act, legislation often referred to as the ‘Bloody Code’ as it took the number of capital felonies to over 350 (Pepper 473), served in lieu of consistency and cooperation, across the country, in relation to the safekeeping of the citizenry. This situation inevitably led to anxieties about crime and crime control. In 1797 Patrick Colquhoun, a magistrate, published A Treatise on the Police of the Metropolis in which he estimated that, out of a city population of just under 1 million, 115,000 men and women supported themselves “in and near the Metropolis by pursuits either criminal-illegal-or immoral” (Lyman 144). Andrew Pepper highlights tensions between “crime, governance and economics” as well as “rampant petty criminality [… and] widespread political corruption” (474). He also notes a range of critical responses to crime and how, “a particular kind of writing about crime in the 1720s demonstrated, perhaps for the first time, an awareness of, or self-consciousness about, this tension between competing visions of the state and state power” (Pepper 474), a tension that remains visible today in modern works of true crime and crime fiction. In Dickens’s day, crime and its consequences were serious legal, moral, and social issues (as, indeed, they are today). An increase in the crime rate, an aggressive state, the lack of formal policing, the growth of the printing industry, and writers offering diverse opinions—from the sympathetic to the retributive—on crime changed crime writing. The public wanted to know about the criminal who had disturbed society and wanted to engage with opinions on how the criminal should be stopped and punished. The public also wanted to be updated on changes to the judicial system such as the passing of the Judgement of Death Act 1823 which drastically reduced the number of capital crimes (Worsley 122) and how the Gaols Act, also of 1823, “moved tentatively towards national prison reform” (Gattrell 579). Crimes continued to be committed and alongside the wrongdoers were readers that wanted to be diverted from everyday events by, but also had a genuine need to be informed about, crime. A demand for true crime tales demonstrating a broader social need for crimes, even the most minor infractions, to be publicly punished: first on the scaffold and then in print. Some cases were presented as sensationalised true crime tales; others would be fictionalised in short stories and novels. Standing Witness: Dickens at the ScaffoldIt is interesting to note that Dickens witnessed at least four executions in his lifetime (Simpson 126). The first was the hanging of a counterfeiter, more specifically a coiner, which in the 1800s was still a form of high treason. The last person executed for coining in England was in early 1829; as Dickens arrived in London at the end of 1822, aged just 10-years-old (Simpson 126-27) he would have been a boy when he joined the crowds around the scaffold. Many journalists and writers who have documented executions have been “criticised for using this spectacle as a source for generating sensational copy” (Simpson 127). Dickens also wrote about public hangings. His most significant commentaries on the issue being two sets of letters: one set published in The Daily News (1846) and a second set published in The Times (1849) (Brandwood 3). Yet, he was immune from the criticism directed at so many other writers, in large part, due to his reputation as a liberal, “social reformer moved by compassion, but also by an antipathy toward waste, bureaucratic incompetence, and above all toward exploitation and injustice” (Simpson 127). As Anthony Simpson points out, Dickens did not sympathise with the condemned: “He wrote as a realist and not a moralist and his lack of sympathy for the criminal was clear, explicit and stated often” (128). Simpson also notes that Dickens’s letters on execution written in 1846 were “strongly supportive of total abolition” while later letters, written in 1849, presented arguments against public executions rather than the practice of execution. In 1859 Dickens argued against pardoning a poisoner. While in 1864 he supported the execution of the railway carriage murderer Franz Müller, explaining he would be glad to abolish both public executions and capital punishment, “if I knew what to do with the Savages of civilisation. As I do not, I would rid Society of them, when they shed blood, in a very solemn manner” (in Simpson 138-39) that is, executions should proceed but should take place in private.Importantly, Dickens was consistently concerned about society’s fascination with the scaffold. In his second letter to The Daily News, Dickens asks: round what other punishment does the like interest gather? We read of the trials of persons who have rendered themselves liable to transportation for life, and we read of their sentences, and, in some few notorious instances, of their departure from this country, and arrival beyond the sea; but they are never followed into their cells, and tracked from day to day, and night to night; they are never reproduced in their false letters, flippant conversations, theological disquisitions with visitors, lay and clerical […]. They are tried, found guilty, punished; and there an end. (“To the Editors of The Daily News” 6)In this passage, Dickens describes an overt curiosity with those criminals destined for the most awful of punishments. A curiosity that was put on vile display when a mob gathered on the concourse to watch a hanging; a sight which Dickens readily admitted “made [his] blood run cold” (“Letter to the Editor” 4).Dickens’s novels are grand stories, many of which feature criminals and criminal sub-plots. There are, for example, numerous criminals, including the infamous Fagin in Oliver Twist; or, The Parish Boy’s Progress (1838); several rioters are condemned to hang in Barnaby Rudge: A Tale of the Riots of Eighty (1841); there is murder in The Life and Adventures of Martin Chuzzlewit (1844); and murder, too, in Bleak House (1853). Yet, Dickens never wavered in his revulsion for the public display of the execution as revealed in his “refusal to portray the scene at the scaffold [which] was principled and heartfelt. He came, reluctantly to support capital punishment, but he would never use its application for dramatic effect” (Simpson 141).The Police Detective: A Public Relations ExerciseBy the mid-1700s the crime story was one of “sin to crime and then the gallows” (Rawlings online): “Crimes of every defcription (sic) have their origin in the vicious and immoral habits of the people” (Colquhoun 32). As Philip Rawlings notes, “once sin had been embarked upon, capture and punishment followed” (online). The origins of this can be found in the formula relied upon by Samuel Smith in the seventeenth century. Smith was the Ordinary of Newgate, or prison chaplain (1676–1698), who published Accounts of criminals and their gruesome ends. The outputs swelled the ranks of the already burgeoning market of broadsides, handbills and pamphlets. Accounts included: 1) the sermon delivered as the prisoner awaited execution; 2) a brief overview of the crimes for which the prisoner was being punished; and 3) a reporting of the events that surrounded the execution (Gladfelder 52–53), including the prisoner’s behaviour upon the scaffold and any last words spoken. For modern readers, the detective and the investigation is conspicuously absent. These popular Accounts (1676–1772)—over 400 editions offering over 2,500 criminal biographies—were only a few pence a copy. With print runs in the thousands, the Ordinary earnt up to £200 per year for his efforts (Emsley, Hitchcock, and Shoemaker online). For:penitence and profit made comfortable bedfellows, ensuring true crime writing became a firm feature of the business of publishing. That victims and villains suffered was regrettable but no horror was so terrible anyone forgot there was money to be made. (Franks, “Stealing Stories” 7)As the changes brought about by the Industrial Revolution were having their full impact, many were looking for answers, and certainty, in a period of radical social transformation. Sin as a central motif in crime stories was insufficient: the detective was becoming essential (Franks, “True Crime” 239). “In the nineteenth century, the role of the newly-fashioned detective as an agent of consolation or security is both commercially and ideologically central to the subsequent project of popular crime writing” (Bell 8). This was supported by an “increasing professionalism and proficiency of policemen, detectives, and prosecutors, new understandings about psychology, and advances in forensic science and detection techniques” (Murley 10). Elements now included in most crime narratives. Dickens insisted that the detective was a crucial component of the justice system—a figure to be celebrated, one to take centre stage in the crime story—reflecting his staunch support “of the London Metropolitan Police” (Simpson 140). Indeed, while Dickens is known principally for exposing wretched poverty, he was also interested in a range of legal issues as can be evinced from his writings for Household Words. Image 2: Household Words 27 July 1850 (Front Page). Image credit: Dickens Journals Online. W.H. Wills argued for the acceptance of the superiority of the detective when, in 1850, he outlined the “difference between a regular and a detective policeman” (368). The detective must, he wrote: “counteract every sort of rascal whose only means of existence it avowed rascality, but to clear up mysteries, the investigation of which demands the utmost delicacy and tact” (368). The detective is also extraordinarily efficient; cases are solved quickly, in one example a matter is settled in just “ten minutes” (369).Dickens’s pro-police pieces, included a blatantly promotional, two-part work “A Detective Police Party” (1850). The narrative begins with open criticism of the Bow Street Runners contrasting these “men of very indifferent character” to the Detective Force which is “so well chosen and trained, proceeds so systematically and quietly, does its business in such a workman-like manner, and is always so calmly and steadily engaged in the service of the public” (“Police Party, Part I” 409). The “party” is just that: a gathering of detectives and editorial staff. Men in a “magnificent chamber”, seated at “a round table […] with some glasses and cigars arranged upon it; and the editorial sofa elegantly hemmed in between that stately piece of furniture and the wall” (“Police Party, Part I” 409). Two inspectors and five sergeants are present. Each man prepared to share some of their experiences in the service of Londoners:they are, [Dickens tells us] one and all, respectable-looking men; of perfectly good deportment and unusual intelligence; with nothing lounging or slinking in their manners; with an air of keen observation, and quick perception when addressed; and generally presenting in their faces, traces more or less marked of habitually leading lives of strong mental excitement. (“Police Party, Part I” 410) Dickens goes to great lengths to reinforce the superiority of the police detective. These men, “in a glance, immediately takes an inventory of the furniture and an accurate sketch of the editorial presence” and speak “very concisely, and in well-chosen language” and who present as an “amicable brotherhood” (“Police Party, Part I” 410). They are also adaptable and constantly working to refine their craft, through apeculiar ability, always sharpening and being improved by practice, and always adapting itself to every variety of circumstances, and opposing itself to every new device that perverted ingenuity can invent, for which this important social branch of the public service is remarkable! (“Police Party, Part II” 459)These detectives are also, in some ways, familiar. Dickens’s offerings include: a “shrewd, hard-headed Scotchman – in appearance not at all unlike a very acute, thoroughly-trained schoolmaster”; a man “with a ruddy face and a high sun-burnt forehead, [who] has the air of one who has been a Sergeant in the army” (“Police Party, Part I” 409-10); and another man who slips easily into the role of the “greasy, sleepy, shy, good-natured, chuckle-headed, un-suspicious, and confiding young butcher” (“Police Party, Part II” 457). These descriptions are more than just attempts to flesh out a story; words on a page reminding us that the author is not just another journalist but one of the great voices of the Victorian era. These profiles are, it is argued here, a deliberate strategy to reassure readers.In summary, police detectives are only to be feared by those residing on the wrong side of the law. For those without criminal intent; detectives are, in some ways, like us. They are people we already know and trust. The stern but well-meaning, intelligent school teacher; the brave and loyal soldier defending the Empire; and the local merchant, a person we see every day. Dickens provides, too, concrete examples for how everyone can contribute to a safer society by assisting these detectives. This, is perfect public relations. Thus, almost singlehandedly, he builds a professional profile for a new type of police officer. The problem (crime) and its solution (the detective) neatly packaged, with step-by-step instructions for citizens to openly support this new-style of constabulary and so achieve a better, less crime-ridden community. This is a theme pursued in “Three Detective Anecdotes” (1850) where Dickens continued to successfully merge “solid lower-middle-class respectability with an intimate knowledge of the criminal world” (Priestman 177); so, proffering the ideal police detective. A threat to the criminal but not to the hard-working and honest men, women, and children of the city.The Detective: As Fact and as FictionThese writings are also a precursor to one of the greatest fictional detectives of the English-speaking world. Dickens observes that, for these new-style police detectives: “Nothing is so common or deceptive as such appearances at first” (“Police Party, Part I” 410). In 1891, Arthur Conan Doyle would write that: “There is nothing so deceptive as an obvious fact” (78). Dickens had prepared readers for the consulting detective Sherlock Holmes: who was smarter, more observant and who had more determination to take on criminals than the average person. The readers of Dickens were, in many respects, positioned as prototypes of Dr John Watson: a hardworking, loyal Englishman. Smart. But not as smart as those who would seek to do harm. Watson needed Holmes to make the world a better place; the subscriber to Household Words needed the police detective.Another article, “On Duty with Inspector Field” (1851), profiled the “well-known hand” responsible for bringing numerous offenders to justice and sending them, “inexorably, to New South Wales” (Dickens 266). Critically this true crime narrative would be converted into a crime fiction story as Inspector Field is transformed (it is widely believed) into the imagined Inspector Bucket. The 1860s have been identified as “a period of awakening for the detective novel” (Ashley x), a predictor of which is the significant sub-plot of murder in Dickens’s Bleak House. In this novel, a murder is committed with the case taken on, and competently solved by, Bucket who is a man of “skill and integrity” a man presented as an “ideal servant” though one working for a “flawed legal system” (Walton 458). Mr Snagsby, of Bleak House, observes Bucket as a man whoseems in some indefinable manner to lurk and lounge; also, that whenever he is going to turn to the right or left, he pretends to have a fixed purpose in his mind of going straight ahead, and wheels off, sharply at the very last moment [… He] notices things in general, with a face as unchanging as the great mourning ring on his little finger, or the brooch, composed of not much diamond and a good deal of setting, which he wears in his shirt. (278) This passage, it is argued here, places Bucket alongside the men at the detective police party in Household Words. He is simultaneously superhuman in mind and manner, though rather ordinary in dress. Like the real-life detectives of Dickens’s articles; he is a man committed to keeping the city safe while posing no threat to law-abiding citizens. ConclusionThis article has explored, briefly, the contributions of the highly-regarded Victorian author, Charles Dickens, to factual and fictional crime writing. The story of Dickens as a social commentator is one that is familiar to many; what is less well-known is the connection of Dickens to important conversations around capital punishment and the rise of the detective in crime-focused narratives; particularly how he assisted in building the professional profile of the police detective. In this way, through fact and fiction, Dickens performed great (if under-acknowledged) public services around punishment and law enforcement: he contributed to debates on the death penalty and he helped to build trust in the radical social project that established modern-day policing.AcknowledgementsThe author offers her sincere thanks to the New South Wales Dickens Society, Simon Dwyer, and Peter Kirkpatrick. The author is also grateful to the reviewers of this article for their thoughtful comments and valuable suggestions. ReferencesAshley, Mike. “Introduction: Seeking the Evidence.” The Notting Hill Mystery. Author. Charles Warren Adams. London: The British Library, 2012. xxi-iv. Bell, Ian A. “Eighteenth-Century Crime Writing.” The Cambridge Companion to Crime Fiction. Ed. Martin Priestman. Cambridge: Cambridge UP, 2003/2006. 7-17.Brandwood, Katherine. “The Dark and Dreadful Interest”: Charles Dickens, Public Death and the Amusements of the People. MA Thesis. Washington, DC: Georgetown University, 2013. 19 Feb. 2017 <https://repository.library.georgetown.edu/bitstream/handle/10822/558266/Brandwood_georgetown_0076M_12287.pdf;sequence=1>.Collins, Philip. Dickens and Crime. London: Macmillan & Co, 1964.Cruickshanks, Eveline, and Howard Erskine-Hill. “The Waltham Black Act and Jacobitism.” Journal of British Studies 24.3 (1985): 358-65.Dickens, Charles. Oliver Twist; or, The Parish Boy’s Progress. London: Richard Bentley,1838.———. Barnaby Rudge: A Tale of the Riots of Eighty. London: Chapman & Hall, 1841. ———. The Life and Adventures of Martin Chuzzlewit. London: Chapman & Hall, 1844.———. “To the Editors of The Daily News.” The Daily News 28 Feb. 1846: 6. (Reprinted in Antony E. Simpson. Witnesses to the Scaffold. Lambertville: True Bill P, 2008. 141–149.)———. “Letter to the Editor.” The Times 14 Nov. 1849: 4. (Reprinted in Antony E. Simpson. Witnesses to the Scaffold. Lambertville: True Bill P, 2008. 149-51.)———. “A Detective Police Party, Part I.” Household Words 1.18 (1850): 409-14.———. “A Detective Police Party, Part II.” Household Words 1.20 (1850): 457-60.———. “Three Detective Anecdotes.” Household Words 1.25 (1850): 577-80.———. “On Duty with Inspector Field.” Household Words 3.64 (1851): 265-70.———. Bleak House. London: Bradbury and Evans, 1853/n.d.Doyle, Arthur Conan. “The Boscombe Valley Mystery.” The Adventures of Sherlock Holmes. London: Penguin, 1892/1981. 74–99.Emsley, Clive, Tim Hitchcock, and Robert Shoemaker. “The Proceedings: Ordinary of Newgate’s Accounts.” Old Bailey Proceedings Online, n.d. 4 Feb. 2017 <https://www.oldbaileyonline.org/static/Ordinarys-accounts.jsp>. Franks, Rachel. “True Crime: The Regular Reinvention of a Genre.” Journal of Asia-Pacific Pop Culture 1.2 (2016): 239-54. ———. “Stealing Stories: Punishment, Profit and the Ordinary of Newgate.” Refereed Proceedings of the 21st Conference of the Australasian Association of Writing Programs: Authorised Theft. Eds. Niloofar Fanaiyan, Rachel Franks, and Jessica Seymour. 2016. 1-11. 20 Mar. 2017 <http://www.aawp.org.au/publications/the-authorised-theft-papers/>.Gatrell, V.A.C. The Hanging Tree: Execution and the English People, 1770-1868. Oxford: Oxford UP, 1996.Gladfelder, Hal. Criminality and Narrative in Eighteenth-Century England. Baltimore: Johns Hopkins UP, 2001.Hitchens, Peter. A Brief History of Crime: The Decline of Order, Justice and Liberty in England. London: Atlantic Books, 2003.Lyman, J.L. “The Metropolitan Police Act of 1829.” Journal of Criminal Law, Criminology and Police Science 55.1 (1964): 141-54.Murley, Jean. The Rise of True Crime: 20th Century Murder and American Popular Culture. Westport: Praeger, 2008.Pepper, Andrew. “Early Crime Writing and the State: Jonathan Wilde, Daniel Defoe and Bernard Mandeville in 1720s London.” Textual Practice 25.3 (2011): 473-91. Priestman, Martin. “Post-War British Crime Fiction.” The Cambridge Companion to Crime Fiction. Ed. Martin Priestman. Cambridge: Cambridge UP, 2003. 173-89.Rawlings, Philip. “True Crime.” The British Criminology Conferences: Selected Proceedings, Volume 1: Emerging Themes in Criminology. Eds. Jon Vagg and Tim Newburn. London: British Society of Criminology (1998). 4 Feb. 2017 <http://www.britsoccrim.org/volume1/010.pdf>.Simpson, Antony E. Witnesses to the Scaffold: English Literary Figures as Observers of Public Executions. Lambertville: True Bill P, 2008.Walton, James. “Conrad, Dickens, and the Detective Novel.” Nineteenth-Century Fiction 23.4 (1969): 446-62.Wills, William Henry. “The Modern Science of Thief-Taking.” Household Words 1.16 (1850): 368-72.Worsley, Lucy. A Very British Murder: The Curious Story of How Crime Was Turned into Art. London: BBC Books, 2013/2014.

Problem setting. One of the most important tasks of modern science of public management and administration is the further improvement of management technologies, management decisions in banking in particular and the increase of their efficiency and effectiveness. Accordingly, the scientific interest is not only in the study and the analysis of banking legislation of certain countries, but in the adaptation of national legislation to the directives of the European Union. The urgency of improving the mechanism of state regulation of the market for the provision of services for the collection of funds and transportation of currency valuables in the banking system of Ukraine is undeniable, the implementation of which should include the mandatory establishment of real requirements and measures of responsibility of managers of both individual financial institutions and regulatory bodies. Recent research and publications analysis. The organization of central banks of the world, their legal status, main functions, comparative aspects, regulatory activities in the field of the organization of cash circulation and cash collection were studied in the works of L. Voronova, D. Hetmantsev, V. Krotyuk, S. Yehorychev, M. Starynsky, P. Melnyk, S. Laptev, I. Zaverukha. Legal problems of legalization of firearms circulation in Ukraine were studied by А. Kolosok, P. Mitrukhov, P. Fries, S. Shumilenko and others. The works of V. Baranyak, V. Меzhyvy, М. Pinchuk, T. Pryhodko, V. Rybachuk, В. Tychyi, etc. are devoted to the study of legal problems of illegal handling of weapons. However, these works do not reflect the peculiarities of the use of firearms in subdivisions of collection of funds. Native and foreign scholars generally have not paid due attention to the study and the analysis of the existing model of cash circulation in Ukraine, its advantages, risks and disadvantages as well as the effective functioning of the market of collection of funds and transportation of currency valuables in the banking system of Ukraine. Highlighting previously unsettled parts of the general problem. The purpose of this article is to analyze the innovative foreign experience of state regulation of the market of collection of funds and transportation of currency valuables in the banking system of Ukraine (hereinafter – collection of funds) and to justify the need for its implementation in Ukraine. Another important problem in collection activities is the lack of legislative regulation of firearms trafficking as there is no law on weapons in Ukraine, there are only regulations of the Ministry of Internal Affairs of Ukraine, which greatly complicates its regulation by the state according to P. Fries. Paper main body. The market of collection of funds and transportation of currency valuables (hereinafter – the market of collection) is one of the most closed segments of the banking system of any country as a whole. The most popular way to pay for services and goods during the last few years, according to annual surveys conducted by the Swiss central bank, is cash. The important factor is that even with the spread of the COVID-19 coronavirus pandemic, the demand for cash and cash flow has increased significantly. The National Bank of Ukraine carries out regulatory activities in accordance with the requirements of the Law of Ukraine “On Principles of State Regulatory Policy in the Field of Economic Activity”. Collection of funds has never been a particularly profitable activity, for the subdivisions of collection of any country along with the staff and transportation costs, that is why to ensure the proper security of cash transportation is a very costly item of the estimate. In this regard, there is an urgent need for the adoption of the Law of Ukraine “On collection of funds and transportation of currency valuables” and “On firearms”, which would define the basic foundations, principles, forms of activities in the field of collection services, rights, duties and responsibilities of all participants in the collection market, in order to increase their reliability, safety and efficiency. In the countries of the European Union (EU), services for the collection and transportation of currency valuables are provided by public and private enterprises. In many EU countries there is no legal definition of the concept ‘collection’. In most cases, collection falls under the general legislation on the basics of security, except for Austria and Germany, which regulate such activities through professional organizations, insurance and collective agreements. Today, five foreign global CIT companies account for almost 60% of the global CIT market for cash collection and cash handling services. They are: – Brinks (USA) – 23%; – G4S (England) – 15%; – Loomis (Sweden) – 12%; – Prosegur (Spain) – 7%; – Garda (Canada) – 4%; – GSLS – 0.01%; – Other regional independent companies – 39%. In six EU countries (Denmark, Ireland, Greece, Sweden, Great Britain and the Netherlands) the presence of firearms during collection of funds is prohibited. In Belgium, Germany, France, Italy, Luxembourg and Spain, the presence of a weapon in the performance of professional collection duties is mandatory. Safe collection of funds largely depends on the fast, without delays, safe travel by road. Ukraine needs to reform its transport system to gain access to the European Union’s rail, road, river and air transport markets and to financial resources for building safe infrastructure of high quality. Conclusions of the research and prospects for further studies. Unfortunately, there are no well-known world CIT collection companies in the Ukrainian market of collection services and therefore Ukrainian banks and legal entities have to deal with local CIT companies, the authorized capital of which in some cases may be significantly less than the amount of the collected cash. In accordance with the mentioned above, for the effective functioning of the Ukrainian market of collection of funds and a balanced regulatory policy of the state, we suggest making appropriate changes and additions to the Laws of Ukraine on “Banks and Banking”, “National Bank of Ukraine”. To initiate the development and adoption of the Laws of Ukraine “On Collection and Transportation of Currency Valuables” and “On Firearms” which will ensure equal competitive conditions in the collection market for all its participants, reliable labor protection, social guarantees and rights of employees of collection divisions.

Photo by Cecilie Johnsen on Unsplash INTRODUCTION Across the country, states are enacting legislation that curtails LGBTQ+ rights and liberties.[1] In March 2021, Arkansas enacted Senate Bill 289, titled the Medical Ethics and Diversity Act (the “Act”).[2] The Act permits medical practitioners, healthcare institutions, and insurance companies to refuse to treat, or, in the case of insurance companies, to cover, a non-critically ill person if treating the individual violates their religious or personal beliefs. Though masked as protecting religious liberties, the Act discriminates against LGBTQ+ patients. While the Act purports to protect different types of healthcare workers, I frame my discussion of the Act to discuss the physician’s obligations given the changes to Arkansas law. Even if legally permissible, I believe virtuous physicians do not consider patients’ sexual orientation or gender identity when deciding whether to treat them. I will explain why a virtuous physician would never conscientiously object to treating a patient based on the patient’s sexual orientation or gender identity, even if allowed, like in Arkansas. Conscientious objection based on sexual orientation or gender identity, even if permitted under state law, is always unvirtuous. l. Senate Bill 289 and the LGBTQ+ Patient On March 29, 2021, Governor Hutchinson adopted the Act by signing Senate Bill 289 into Arkansas state law. To protect a “right of conscience” in health care, the Act invokes traditions of the United States and the Hippocratic Oath, stating: [t]he right of conscience was central to the founding of the United States, has been deeply rooted in the history and tradition of the United States for centuries, and has been central to the practice of medicine through the Hippocratic Oath for millennia. As used in the Act, conscience means “religious, moral, or ethical beliefs.” The Act protects medical practitioners, healthcare institutions, or healthcare payors when they act from their conscience and extends this protection to include the following: (1) the right not to participate in a healthcare service that violates his, her, or its conscience; (2) no requirement to participate in a healthcare service that violates his, her, or its conscience; and (3) no civil, criminal, or administrative liability for declining to participate in a healthcare service that violates his, her, or its conscience. The Act limits which services physicians can refuse to perform: it permits conscientious objection only if the patient requires non-emergency care. Under Arkansas state law, an emergency is defined as an “immediate threat to the life or health of a patient.”[3] Before the Act, conscientious objection was limited in medical practice in the United States. The American Medical Association’s (“AMA”) Code of Medical Ethics states physicians can act as moral agents. The AMA’s code supports conscientious objection if it is based on a moral objection to a treatment rather than discrimination against patients.[4] From the Church Amendments to the Affordable Care Act, federal law has protected practitioners’ rights to object to participating in treatments contrary to their religious or moral beliefs, such as abortions, sterilization, euthanasia, or physician-assisted suicide.[5] However, the language of these laws emphasizes treatment-based objection; the laws protect healthcare workers who are unwilling to participate in medical practices based on a moral objection to a treatment. In addition, the laws specifically name procedures like sterilization, euthanasia, or physician-assisted suicide as permissible grounds for objection. The Act extends physicians’ rights to conscientious objection by removing the treatment-specific language. In Arkansas, the broad language of the law could permit conscientious objection based on a patient’s LGBTQ+ identity because it does not limit objections based on type of treatments. The Act broadened conscientious objection in Arkansas to include treatment-based and patient-based objections. ll. Virtue Ethics Virtue ethics is an ethical framework that focuses on the character of the individual performing actions during the individual’s life and career. In Nicomachean Ethics, Aristotle writes that virtue is a state of being, such as a courageous or amiable person, rather than a system for ethical action selection.[6] Society understands these virtues as falling at the mean—or between— a deficiency and an excess. For example, the virtue of courage lies between the deficiency of cowardness and excess of rashness, never in abundance or excess. A virtuous person exemplifies the virtues required of the person’s role and performs the required functions well. Aristotle writes, “[w]e become just by doing just actions, temperate by doing temperate actions, brave by doing brave actions.” In this way, we must live our virtues to become virtuous. A. The Virtuous Physician The virtuous physician exemplifies virtue and practices medicine in congruence with medicine’s ethos. Since an individual can practice and learn virtue, it provides a unique ethical framework to distinguish between the virtuous or “good” physician and the unvirtuous or “bad” physician. Aristotle writes that life’s virtues are courage, temperance, generosity, magnificence, magnanimity, mildness, amiability, truthfulness, wit, and shame.[7] Individuals possessing these traits are virtuous, but virtuous physicians must also demonstrate traits integral to their professional duties. A virtuous physician’s qualities include empathetic listening, emotional sensitivity, and respect for patients. These additional qualities create trust and comfort patients.[8] Also, the virtuous physician exemplifies trustworthiness, integrity, discernment, compassion, patience, and conscientiousness.[9] Others even include theological virtues such as faith, hope, and charity as important characteristics in a physician’s practice.[10] While not an exhaustive list of the values that compose a virtuous physician, these standards are the basic requirements for physician to exemplify virtue and perform the job’s functions well. One may argue that theological virtues like faith, hope, and charity support the conscientious objection because physicians are virtuous when they are faithful, or loyal to their religious beliefs. However, this argument fails to consider the four principles of medical ethics. Using conscientious objection to withhold care from even non-critically ill patients can cause harm that is physical and emotional. A physician cannot act virtuously and simultaneously undermine non-malfeasance and beneficence. The virtuous physician must also practice medicine in congruence with medicine’s ethos, acting for the patient’s benefit and taking a patient-centered approach. The patient’s benefit has multiple elements, such as the medically defined good outcome, the patient’s definition of a good outcome, what is dignifying to the patient, and what is considered universally good.[11] If a physician acts against a patient’s good or the physician does not exemplify virtue in their own life, the physician would be considered unvirtuous. B. Unvirtuous Conscientious Objection Through the Act Conscientious objection is a debated topic. Some argue that physicians’ values should not influence the care they provide.[12] In addition, the legalization of conscientious objection is seen by some to violate medicine’s central ethos of caring for the patient.[13] Others do not view conscientious objection as wholly wrong. Despite the debate over the role of conscientious objection in the physician’s practice, conscientious objection based on a patient’s LGBTQ+ identity under the Act is unvirtuous. The Act extends the understood norm of treatment-based objections to objections based on any component of health care, including a patient’s LGBTQ+ identity. This patient-based objection is discriminatory and unrelated to the patient’s requested medical service which may conflict with the physician’s morals.[14] A virtuous physician would never refuse to treat a patient based on the patient’s race, color, religion, sex, sexual orientation, gender identity, or national origin. Refusing to treat a patient because of the patient’s LGBTQ+ identity is unvirtuous because it defies a physician’s duty, is discriminatory, and displays a lack of respect for patients, amiability, and compassion. Even if permitted under the Act, a virtuous physician must never object to treating a patient based on the patient’s sexual orientation or gender identity. One may argue a physician can be virtuous while conscientiously objecting if the physician clearly communicates all limitations and refers the patient to another medical provider. This is the American College of Obstetricians and Gynecologists’ view.[15] Under this view, physicians maintain respect for themselves as agents but ultimately provide proper care for the patient, even if their hands do not perform the service. However, to be virtuous, this objection must never be discriminatory. Even with prerequisites, objection based on gender identity and sexual orientation is discriminatory and indicates deficiencies in the physician’s virtue. The simple act of objection can cause psychological pain to a patient. LGBTQ+-based discrimination and rejection causes unnecessary physiological harm like anxiety, depression, and suicidal ideations, whereas social acceptance increases feelings of self-esteem.[16] The virtuous physician would never cause pain to the patient, as this violates the principle of non-maleficence. Regardless of actions taken before or after the objection, a physician is unvirtuous when the physician inflicts pain on a patient by conscientiously objecting to treating the patient based on LGBTQ+ status. CONCLUSION To avoid discrimination, a physician must have a valid reason for employing conscientious objection. The Medical Ethics and Diversity Act extends physicians’ rights from treatment-based objection to patient-based objection. Arkansas’s LGBTQ+ community is at risk of suffering from discriminatory healthcare practices. The physician who objects based on LGBTQ+ identity is unvirtuous because the physician’s action causes psychological harm to the patient, displays deficiencies in virtues, and opposes the central ethos of medicine. - [1] For examples of Senators and State Representatives passing laws affecting LGBTQ+ rights to protect religious liberties and fairness, see ACLU. (2021). Legislation Affecting LGBTQ Rights Across the Country 2021. https://www.aclu.org/legislation-affecting-lgbtq-rights-across-country-2021 [2] Medical Ethics and Diversity Act, Ark. Acts 462 §§17-80-501-06 (2021). https://www.arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2021R%2FPublic%2F&file=462.pdf&ddBienniumSession=2021%2F2021R [3] Emergency Medical Care Act, Ark. A.C.A. § 20-9-309 [4] AMA. (n.d.) Physician Exercise of Conscience. https://www.ama-assn.org/delivering-care/ethics/physician-exercise-conscience [5] U.S. Department of Health and Human Services (2021). Your Conscience Rights. https://www.hhs.gov/conscience/conscience-protections/index.html [6] Aristotle. (1999). Nicomachean Ethics. (Irwin, 2nd ed.). Hackett Publishing Company, Inc. [7]Aristotle. (1999). Nicomachean Ethics. (Irwin, 2nd ed.). Hackett Publishing Company, Inc. [8] Bain, L. E. (2018). Revisiting the need for virtue in medical practice: a reflection upon the teaching of Edmund Pellegrino. Philosophy, Ethics, and Humanities in Medicine, 13(1), 4. https://doi.org/10.1186/s13010-018-0057-0 [9] Gardiner, P. (2003). A virtue ethics approach to moral dilemmas in medicine. Journal of Medical Ethics, 29(5), 297-302. https://doi.org/10.1136/jme.29.5.297 [10] Toon, P. D. (1999). Towards a philosophy of general practice: a study of the virtuous practitioner. Occasional Paper Royal College of General Practitioners, (78), iii-vii, 1-69. [11] Shelp, E. E. E., & Pellegrino, D. (1985). The Virtuous Physician and the Ethics of Medicine Virtue and medicine explorations in the character of medicine, 17, 237-255. [12] Savulescu, J. (2006). Conscientious objection in medicine. BMJ, 332(7536), 294-297. https://doi.org/10.1136/bmj.332.7536.294 [13] Stahl, R. Y., & Emanuel, E. J. (2017). Physicians, Not Conscripts - Conscientious Objection in Health Care. New England Journal of Medicine, 376(14), 1380-1385. https://doi.org/10.1056/NEJMsb1612472 [14] Reis-Dennis, S., & Brummett, A. L. (2021). Are conscientious objectors morally obligated to refer? Journal of Medical Ethics, medethics-2020-107025. https://doi.org/10.1136/medethics-2020-107025 [15] ACOG. The limits of conscientious refusal in Reproductive Medicine. (n.d.). Retrieved September 12, 2022, from https://www.acog.org/clinical/clinical-guidance/committee-opinion/articles/2007/11/the-limits-of-conscientious-refusal-in-reproductive-medicine [16] Meanley, S., Flores, D. D., Listerud, L., Chang, C. J., Feinstein, B. A., & Watson, R. J. (2021). The interplay of familial warmth and LGBTQ+ specific family rejection on LGBTQ+ adolescents' self-esteem. Journal of Adolescent Health, 93, 40-52. https://doi.org/10.1016/j.adolescence.2021.10.002 ; Ruben, M. A., Livingston, N. A., Berke, D. S., Matza, A. R., & Shipherd, J. C. (2019). Lesbian, Gay, Bisexual, and Transgender Veterans' Experiences of Discrimination in Health Care and Their Relation to Health Outcomes: A Pilot Study Examining the Moderating Role of Provider Communication. Health Equity, 3(1), 480-488. https://doi.org/10.1089/heq.2019.0069. ; Sutter, M., & Perrin, P. B. (2016). Discrimination, mental health, and suicidal ideation among LGBTQ people of color. Journal of Counseling Psychology, 63(1), 98-105. https://doi.org/10.1037/cou0000126

The depiction of alcohol is the focus of a growing number of content analyses in the field of social media research. Typically, the occurrence and nature of alcohol representations are coded to measure the prevalence, normalization, or even glorification of alcohol and its consumption on different social media platforms (Moreno et al., 2016; Westgate & Holliday, 2016) and smartphone apps (Ghassemlou et al., 2020). But social media platforms and smartphone apps also play a role in the prevention of alcohol abuse when they disseminate messages about alcohol risks and foster harm reduction, abstinence, and sobriety (Davey, 2021; Döring & Holz, 2021; Tamersoy et al., 2015; Westgate & Holliday, 2016). Field of application/theoretical foundation: Social Cognitive Theory (SCT; Bandura 1986, 2009) as the dominant media effects theory in communication science, is applicable and widely applied to social media representations of alcohol: According to SCT, positive media portayals of alcohol and attractive role models consuming alcohol can influence the audience’s relation to alcohol. That’s why positive alcohol portayals in the media are considered a public health threat as they can foster increased and risky alcohol consumption among media users in general and young people in particular. The negative health impact predicted by SCT depends on different aspects of alcohol portrayals on social media that have been traditionally coded in manual content analyses (Beullens & Schepers, 2013; Mayrhofer & Naderer, 2019; Moreno et al., 2010) and most recently by studies relying on computational methods for content analysis (e.g. Ricard & Hassanpour, 2021). Core aspects of alcohol representations on social media are: a) the type of communicator / creator of alcohol-related social media content, b) the overall valence of the alcohol portrayal, c) the people consuming alcohol, d) the alcohol consumption behaviors, e) the social contexts of alcohol consumption, f) the types and brands of consumed alcohol, g) the consequences of alcohol consumption, and h) alcohol-related consumer protection messages in alcohol marketing (Moreno et al., 2016; Westgate & Holliday, 2016). For example, a normalizing portrayal shows alcohol consumption as a regular and normal behavior of diverse people in different contexts, while a glorifying portrayal shows alcohol consumption as a behavior that is strongly related to positive effects such as having fun, enjoying social community, feeling sexy, happy, and carefree (Griffiths & Casswell, 2011). While criticism of glorifying alcohol portrayals in entertainment media (e.g., music videos; Cranwell et al., 2015), television (e.g., Barker et al., 2021), and advertising (e.g., Curtis et al., 2018; Stautz et al., 2016) has a long tradition, the concern about alcohol representations on social media is relatively new and entails the phenomenon of alcohol brands and social media influencers marketing alcohol (Critchlow & Moodie, 2022; Turnwald et al., 2022) as well as ordinary social media users providing alcohol-related self-presentations (e.g., showing themselves partying and drinking; Boyle et al., 2016). Such alcohol-related self-presentations might elicit even stronger identification and imitation effects among social media audiences compared to regular advertising (Griffiths & Casswell, 2011). Because of its psychological and health impact, alcohol-related social media content – and alcohol marketing in particular – is also an issue of legal regulation. The World Health Organization states that “Europe is the heaviest-drinking region in the world” and strongly advocates for bans or at least stricter regulations of alcohol marketing both offline and online (WHO, 2020, p. 1). At the same time, the WHO points to the problem of clearly differentiating between alcohol marketing and other types of alcohol representations on social media. Apart from normalizing and glorifying alcohol portayals, there are also anti-alcohol posts and comments on social media. They usually point to the health risks of alcohol consumption and the dangers of alcohol addiction and, hence, try to foster harm reduction, abstincence and sobriety. While such negative alcohol portayals populate different social media platforms, an in-depth investigation of the spread, scope and content of anti-alcohol messages on social media is largely missing (Davey, 2021; Döring & Holz, 2021; Tamersoy et al., 2015). References/combination with other methods of data collection: Manual and computational content analyses of alcohol representations on social media platforms can be complemented by qualitative interview and quantitative survey data addressing alcohol-related beliefs and behaviors collected from social media users who a) create and publish alcohol-related social media content and/or b) are exposed to or actively search for and follow alcohol-related social media content (e.g., Ricard & Hassanpour, 2021; Strowger & Braitman, 2022). Furthermore, experimental studies are helpful to directly measure how different alcohol-related social media posts and comments are perceived and evaluated by recipients and if and how they can affect their alcohol-related thoughts, feelings, and behaviors (Noel, 2021). Such social media experiments can build on respective mass media experiments (e.g., Mayrhofer & Naderer, 2019). Insights from content analyses help to select or create appropriate stimuli for such experiments. Last but not least, to evaluate the effectiveness of alcohol marketing regulations, social media content analyses conducted within a longitudinal or trend study design (including measurements before and after new regulations came into effect) should be preferred over cross-sectional studies (e.g., Chapoton et al., 2020). Example Studies for Manual Content Analyses: Coding Material Measure Operationalization (excerpt) Reliability Source a) Creators of alcohol-related social media content Extensive explorations on Facebook, Instagram and TikTok Creators of alcohol-related social media content on Facebook, Instagram and TikTok Polytomous variable “Type of content creator” (1: alcohol industry; 2: media organization/media professional; 3: health organization/health professional; 4: social media influencer; 5: ordinary social media user; 6: other) Not available Döring & Tröger (2018) Döring & Holz (2021) b) Valence of alcohol-related social media content N = 3 015 Facebook comments N = 100 TikTok videos Valence of alcohol-related social media content (posts or comments) Binary variable “Valence of alcohol-related social media content” (1: positive/pro-alcohol sentiment; 2: negative/anti-alcohol sentiment) Cohen’s Kappa average of .72 for all alcohol-related variables in codebook* Döring & Holz (2021) *Russell et al. (2021) c) People consuming alcohol N = 160 Facebook profiles (profile pictures, personal photos, and text) Portrayal of people consuming alcohol on Facebook profiles Binary variable “Number of persons on picture” (1: alone; 2: with others) Cohen’s Kappa > .90 Beullens & Schepers (2013) d) Alcohol consumption behaviors N = 160 Facebook profiles (profile pictures, personal photos, and text) Type of depicted alcohol use/consumption Polytomous variable “Type of depicted alcohol use/consumption” (1: explicit use such as depiction of person drinking alcohol; 2: implicit use such as depiction of alcohol bottle on table; 3: alcohol logo only) Cohen’s Kappa = .89 Beullens & Schepers (2013) N = 100 TikTok videos Multiple alcoholic drinks consumed per person Binary variable “Multiple alcoholic drinks consumed per person” as opposed to having only one drink or no drink per person (1: present; 2: not present) Cohen’s Kappa average of .72 for all alcohol-related variables in codebook Russell et al. (2021) N = 100 TikTok videos Alcohol intoxication Binary variable “Alcohol intoxication” (1: present; 2: not present) Cohen’s Kappa average of .72 for all alcohol-related variables in codebook Russell et al. (2021) N = 4 800 alcohol-related Tweets Alcohol mentioned in combination with other substance use Binary variable “Alcohol mentioned in combination with tobacco, marijuana, or other drugs” (1: yes; 2: no) Cohen’s Kappa median of .73 for all pro-drinking variables in codebook Cavazos-Rehg et al. (2015) e) Social contexts of alcohol consumption N = 192 Facebook and Instagram profiles (profile pictures, personal photos, and text) Portrayal of social evaluative contexts of alcohol consumption on Facebook and Instagram profiles Polytomous variable “Social evaluative context” (1: negative context such as someone looking disapprovingly at a drunk person; 2: neutral context such as no explicit judgment or emotion is shown; 3: positive context such as people laughing and toasting with alcoholic drinks) Cohen’s Kappa ranging from .68 to .91 for all variables in codebook Hendriks et al. (2018), based on previous work by Beullens & Schepers (2013) N = 51 episodes with a total of N = 1 895 scenes of the American adolescent drama series “The OC” Portrayal of situational contexts of alcohol consumption in scenes of a TV series Polytomous variable “Setting of alcohol consumption” (1: at home; 2: at adult / youth party; 3: in a bar; 4: at work; 5: at other public place) Polytomous variable “Reason of alcohol consumption” (1: celebrating/partying; 2: habit; 3: stress relief; 4: social facilitation) Cohen’s Kappa for setting of alcohol consumption .90 Cohen’s Kappa for reason of alcohol consumption .71 Van den Bulck et al. (2008) f) Types and brands of consumed alcohol N = 17 800 posts of Instagram influencers and related comments Portrayal of different alcohol types and alcohol brands in Instagram posts Polytomous variable “Alcohol type” (1: wine; 2: beer; 3: cocktails; 4: spirits; 5: non-alcoholic drinks/0% alcohol) Binary variable “Alcohol brand visibility” (1: present if full brand name, recognizable logo, or brand name in header or tag are visible; 2: non-present) String variable “Alcohol brand name” (open text coding) Krippendorff’s Alpha ranging from .69 to 1.00 for all variables in codebook Hendriks et al. (2019) g) Consequences of alcohol consumption N = 400 randomly selected public MySpace profiles Portayal of consequences of alcohol consumption on MySpace profiles Five individually coded binary variables for different consequences associated with alcohol use (1: present; 2: not present): a) “Positive emotional consequence highlighting positive mood, feeling or emotion associated with alcohol use” b) “Negative emotional consequence highlighting negative mood, feeling or emotion associated with alcohol use” c) “Positive social consequences highlighting perceived social gain associated with alcohol use” d) “Negative social consequences highlighting perceived poor social outcomes associated with alcohol use” e) “Negative physical consequences describing adverse physical consequences or outcomes associated with alcohol use” Cohen’s Kappa ranging from 0.76 to 0.82 for alcohol references and alcohol use Moreno et al. (2010) h) Alcohol-related consumer protection messages in alcohol marketing N = 554 Tweets collected from 13 Twitter accounts of alcohol companies in Ireland Alcohol-related consumer protection messages in alcohol marketing (covers both mandatory and voluntary messages depending on national legislation) Four individually coded binary variables for different alcohol-related consumer protection messages in alcohol marketing (1: present; 2: not present): a) “Warning about the risks/danger of alcohol consumption” b) “Warning about the risks/danger of alcohol consumption when pregnant” c) “Warning about the link between alcohol consumption and fatal cancers” d) “Link/reference to website with public health information about alcohol” Not available Critchlow & Moodie (2022) The presented measures were developed for specific social media platforms, but are so generic that they can be used across different social media platforms and even across mass media channels such as TV, cinema, and advertisement. The presented measures cover different aspects of media portrayals of alcohol and can be used individually or in combination. Depending on the research aim, more detailed measures can be developed and added: for example, regarding the media portrayal of people consuming alcohol, additional measures can code people’s age, gender, ethnicity and further characteristics relevant to the respective research question. In the course of a growing body of content analyses addressing alcohol-related prevention messages on social media, respective measures can be added as well. References Bandura, A. (1986). Social foundations of thought and action: A social cognitive theory. Prentice-Hall. Bandura, A. (2009). Social cognitive theory of mass communication. In J. Bryant & M. B. Oliver (Eds.), Communication series. Media effects: Advances in theory and research (3rd ed., pp. 94–124). Routledge. Barker, A. B., Britton, J., Thomson, E., & Murray, R. L. (2021). 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Anyone contemplating the role of a “hermeneutics of suspicion” in literary and cultural studies must concede that the phrase is rarely used—even by its most devout practitioners, who usually think of themselves engaged in something called “critique.” What, then, are the terminological differences between “critique” and “the hermeneutics of suspicion”? What intellectual worlds do these specific terms conjure up, and how do these worlds converge or diverge? And what is the rationale for preferring one term over the other?The “hermeneutics of suspicion” is a phrase coined by Paul Ricoeur to capture a common spirit that pervades the writings of Marx, Freud, and Nietzsche. In spite of their obvious differences, he argued, these thinkers jointly constitute a “school of suspicion.” That is to say, they share a commitment to unmasking “the lies and illusions of consciousness;” they are the architects of a distinctively modern style of interpretation that circumvents obvious or self-evident meanings in order to draw out less visible and less flattering truths (Ricoeur 356). Ricoeur’s term has sustained an energetic after-life within religious studies, as well as in philosophy, intellectual history, and related fields, yet it never really took hold in literary studies. Why has a field that has devoted so much of its intellectual energy to interrogating, subverting, and defamiliarising found so little use for Ricoeur’s phrase?In general, we can note that hermeneutics remains a path not taken in Anglo-American literary theory. The tradition of hermeneutical thinking is rarely acknowledged (how often do you see Gadamer or Ricoeur taught in a theory survey?), let alone addressed, assimilated, or argued over. Thanks to a lingering aura of teutonic stodginess, not to mention its long-standing links with a tradition of biblical interpretation, hermeneutics was never able to muster the intellectual edginess and high-wattage excitement generated by various forms of poststructuralism. Even the work of Gianni Vattimo, one of the most innovative and prolific of contemporary hermeneutical thinkers, has barely registered in the mainstream of literary and cultural studies. On occasion, to be sure, hermeneutics crops up as a synonym for a discredited model of “depth” interpretation—the dogged pursuit of a hidden true meaning—that has supposedly been superseded by more sophisticated forms of thinking. Thus the ascent of poststructuralism, it is sometimes claimed, signaled a turn away from hermeneutics to deconstruction and genealogy—leading to a focus on surface rather than depth, on structure rather than meaning, on analysis rather than interpretation. The idea of suspicion has fared little better. While Ricoeur’s account of a hermeneutics of suspicion is respectful, even admiring, critics are understandably leery of having their lines of argument reduced to their putative state of mind. The idea of a suspicious hermeneutics can look like an unwarranted personalisation of scholarly work, one that veers uncomfortably close to Harold Bloom’s tirades against the “School of Resentment” and other conservative complaints about literary studies as a hot-bed of paranoia, kill-joy puritanism, petty-minded pique, and defensive scorn. Moreover, the anti-humanist rhetoric of much literary theory—its resolute focus on transpersonal and usually linguistic structures of determination—proved inhospitable to any serious reflections on attitude, disposition, or affective stance.The concept of critique, by contrast, turns out to be marred by none of these disadvantages. An unusually powerful, flexible and charismatic idea, it has rendered itself ubiquitous and indispensable in literary and cultural studies. Critique is widely seen as synonymous with intellectual rigor, theoretical sophistication, and intransigent opposition to the status quo. Drawing a sense of intellectual weightiness from its connections to the canonical tradition of Kant and Marx, it has managed, nonetheless, to retain a cutting-edge sensibility, retooling itself to fit the needs of new fields ranging from postcolonial theory to disability studies. Critique is contagious and charismatic, drawing everything around it into its field of force, marking the boundaries of what counts as serious thought. For many scholars in the humanities, it is not just one good thing but the only conceivable thing. Who would want to be associated with the bad smell of the uncritical? There are five facets of critique (enumerated and briefly discussed below) that characterise its current role in literary and cultural studies and that have rendered critique an exceptionally successful rhetorical-cultural actor. Critique, that is to say, inspires intense attachments, serves as a mediator in numerous networks, permeates disciplines and institutional structures, spawns conferences, essays, courses, and book proposals, and triggers countless imitations, translations, reflections, revisions, and rebuttals (including the present essay). While nurturing a sense of its own marginality, iconoclasm, and outsiderdom, it is also exceptionally effective at attracting disciples, forging alliances, inspiring mimicry, and ensuring its own survival. In “Why Has Critique Run Out of Steam?” Bruno Latour remarks that critique has been so successful because it assures us that we are always right—unlike those naïve believers whose fetishes we strive to expose (225–48). At the same time, thanks to its self-reflexivity, the rhetoric of critique is more tormented and self-divided than such a description would suggest; it broods constantly over the shame of its own success, striving to detect signs of its own complicity and to root out all possible evidence of collusion with the status quo.Critique is negative. Critique retains the adversarial force of a suspicious hermeneutics, while purifying it of affective associations by treating negativity as an essentially philosophical or political matter. To engage in critique is to grapple with the oversights, omissions, contradictions, insufficiencies, or evasions in the object one is analysing. Robert Koch writes that “critical discourse, as critical discourse, must never formulate positive statements: it is always ‘negative’ in relation to its object” (531). Critique is characterised by its “againstness,” by its desire to take a hammer, as Latour would say, to the beliefs of others. Faith is to be countered with vigilant skepticism, illusion yields to a sobering disenchantment, the fetish must be defetishised, the dream world stripped of its befuddling powers. However, the negativity of critique is not just a matter of fault-finding, scolding, and censuring. The nay-saying critic all too easily calls to mind the Victorian patriarch, the thin-lipped schoolmarm, the glaring policeman. Negating is tangled up with a long history of legislation, prohibition and interdiction—it can come across as punitive, arrogant, authoritarian, or vitriolic. In consequence, defenders of critique often downplay its associations with outright condemnation. It is less a matter of refuting particular truths than of scrutinising the presumptions and procedures through which truths are established. A preferred idiom is that of “problematising,” of demonstrating the ungroundedness of beliefs rather than denouncing errors. The role of critique is not to castigate, but to complicate, not to engage in ideas’ destruction but to expose their cultural construction. Barbara Johnson, for example, contends that a critique of a theoretical system “is not an examination of its flaws and imperfections” (xv). Rather, “the critique reads backwards from what seems natural, obvious, self-evident, or universal in order to show that these things have their history” and to show that the “start point is not a (natural) given, but a (cultural) construct, usually blind to itself” (Johnson xv–xvi). Yet it seems a tad disingenuous to describe such critique as free of negative judgment and the examination of flaws. Isn’t an implicit criticism being transmitted in Johnson’s claim that a cultural construct is “usually blind to itself”? And the adjectival chain “natural, obvious, self-evident, or universal” strings together some of the most negatively weighted words in contemporary criticism. A posture of detachment, in other words, can readily convey a tacit or implicit judgment, especially when it is used to probe the deep-seated convictions, primordial passions, and heart-felt attachments of others. In this respect, the ongoing skirmishes between ideology critique and poststructuralist critique do not over-ride their commitment to a common ethos: a sharply honed suspicion that goes behind the backs of its interlocutors to retrieve counter-intuitive and uncomplimentary meanings. “You do not know that you are ideologically-driven, historically determined, or culturally constructed,” declares the subject of critique to the object of critique, “but I do!” As Marcelo Dascal points out, the supposedly non-evaluative stance of historical or genealogical argument nevertheless retains a negative or demystifying force in tracing ideas back to causes invisible to the actors themselves (39–62).Critique is secondary. A critique is always a critique of something, a commentary on another argument, idea, or object. Critique does not vaunt its self-sufficiency, independence, and autotelic splendor; it makes no pretense of standing alone. It could not function without something to critique, without another entity to which it reacts. Critique is symbiotic; it does its thinking by responding to the thinking of others. But while secondary, critique is far from subservient. It seeks to wrest from a text a different account than it gives of itself. In doing so, it assumes that it will meet with, and overcome, a resistance. If there were no resistance, if the truth were self-evident and available for all to see, the act of critique would be superfluous. Its goal is not the slavish reconstruction of an original or true meaning but a counter-reading that brings previously unfathomed insights to light. The secondariness of critique is not just a logical matter—critique presumes the existence of a prior object—but also a temporal one. Critique comes after another text; it follows or succeeds another piece of writing. Critique, then, looks backward and, in doing so, it presumes to understand the past better than the past understands itself. Hindsight becomes insight; from our later vantage point, we feel ourselves primed to see better, deeper, further. The belatedness of critique is transformed into a source of iconoclastic strength. Scholars of Greek tragedy or Romantic poetry may mourn their inability to inhabit a vanished world, yet this historical distance is also felt as a productive estrangement that allows critical knowledge to unfold. Whatever the limitations of our perspective, how can we not know more than those who have come before? We moderns leave behind us a trail of errors, finally corrected, like a cloud of ink from a squid, remarks Michel Serres (48). There is, in short, a quality of historical chauvinism built into critique, making it difficult to relinquish a sense of in-built advantage over those lost souls stranded in the past. Critique likes to have the last word. Critique is intellectual. Critique often insists on its difference from everyday practices of criticism and judgment. While criticism evaluates a specific object, according to one definition, “critique is concerned to identify the conditions of possibility under which a domain of objects appears” (Butler 109). Critique is interested in big pictures, cultural frameworks, underlying schema. It is a mode of thought well matched to the library and seminar room, to a rhythm of painstaking inquiry rather than short-term problem-solving. It “slows matters down, requires analysis and reflection, and often raises questions rather than providing answers” (Ruitenberg 348). Critique is thus irresistibly drawn toward self-reflexive thinking. Its domain is that of second-level observation, in which we reflect on the frames, paradigms, and perspectives that form and inform our understanding. Even if objectivity is an illusion, how can critical self-consciousness not trump the available alternatives? This questioning of common sense is also a questioning of common language: self-reflexivity is a matter of form as well as content, requiring the deployment of what Jonathan Culler and Kevin Lamb call “difficult language” that can undermine or “un-write” the discourses that make up our world (1–14). Along similar lines, Paul Bove allies himself with a “tradition that insists upon difficulty, slowness, complex, often dialectical and highly ironic styles,” as an essential antidote to the “prejudices of the current regime of truth: speed, slogans, transparency, and reproducibility” (167). Critique, in short, demands an arduous working over of language, a stoic refusal of the facile phrase and ready-made formula. Yet such programmatic divisions between critique and common sense have the effect of relegating ordinary language to a state of automatic servitude, while condescending to those unschooled in the patois of literary and critical theory. Perhaps it is time to reassess the dog-in-the-manger attitude of a certain style of academic argument—one that assigns to scholars the vantage point of the lucid and vigilant thinker, while refusing to extend this same capacity to those naïve and unreflecting souls of whom they speak.Critique comes from below. Politics and critique are often equated and conflated in literary studies and elsewhere. Critique is iconoclastic in spirit; it rails against authority; it seeks to lay bare the injustices of the law. It is, writes Foucault, the “art of voluntary insubordination, that of reflected intractability” (194). This vision of critique can be traced back to Marx and is cemented in the tradition of critical theory associated with the Frankfurt School. Critique conceives of itself as coming from below, or being situated at the margins; it is the natural ally of excluded groups and subjugated knowledges; it is not just a form of knowledge but a call to action. But who gets to claim the mantle of opposition, and on what grounds? In a well-known essay, Nancy Fraser remarks that critical theory possesses a “partisan though not uncritical identification” with oppositional social movements (97). As underscored by Fraser’s judicious insertion of the phrase “not uncritical,” critique guards its independence and reserves the right to query the actions and attitudes of the oppressed as well as the oppressors. Thus the intellectual’s affiliation with a larger community may collide with a commitment to the ethos of critique, as the object of a more heartfelt attachment. A separation occurs, as Francois Cusset puts it, “between academics questioning the very methods of questioning” and the more immediate concerns of the minority groups with which they are allied (157). One possible strategy for negotiating this tension is to flag one’s solidarity with a general principle of otherness or alterity—often identified with the utopian or disruptive energies of the literary text. This strategy gives critique a shot in the arm, infusing it with a dose of positive energy and ethical substance, yet without being pinned down to the ordinariness of a real-world referent. This deliberate vagueness permits critique to nurture its mistrust of the routines and practices through which the everyday business of the world is conducted, while remaining open to the possibility of a radically different future. Critique in its positive aspects thus remains effectively without content, gesturing toward a horizon that must remain unspecified if it is not to lapse into the same fallen state as the modes of thought that surround it (Fish 446).Critique does not tolerate rivals. Declaring itself uniquely equipped to diagnose the perils and pitfalls of representation, critique often chafes at the presence of other forms of thought. Ruling out the possibility of peaceful co-existence or even mutual indifference, it insists that those who do not embrace its tenets must be denying or disavowing them. In this manner, whatever is different from critique is turned into the photographic negative of critique—evidence of an irrefutable lack or culpable absence. To refuse to be critical is to be uncritical; a judgment whose overtones of naiveté, apathy, complacency, submissiveness, and sheer stupidity seem impossible to shrug off. In short, critique thinks of itself as exceptional. It is not one path, but the only conceivable path. Drew Milne pulls no punches in his programmatic riff on Kant: “to be postcritical is to be uncritical: the critical path alone remains open” (18).The exceptionalist aura of critique often thwarts attempts to get outside its orbit. Sociologist Michael Billig, for example, notes that critique thinks of itself as battling orthodoxy, yet is now the reigning orthodoxy—no longer oppositional, but obligatory, not defamiliarising, but oppressively familiar: “For an increasing number of younger academics,” he remarks, “the critical paradigm is the major paradigm in their academic world” (Billig 292). And in a hard-hitting argument, Talal Asad points out that critique is now a quasi-automatic stance for Western intellectuals, promoting a smugness of tone that can be cruelly dismissive of the deeply felt beliefs and attachments of others. Yet both scholars conclude their arguments by calling for a critique of critique, reinstating the very concept they have so meticulously dismantled. Critique, it seems, is not to be abandoned but intensified; critique is to be replaced by critique squared. The problem with critique, it turns out, is that it is not yet critical enough. The objections to critique are still very much part and parcel of the critique-world; the value of the critical is questioned only to be emphatically reinstated.Why do these protestations against critique end up worshipping at the altar of critique? Why does it seem so exceptionally difficult to conceive of other ways of arguing, reading, and thinking? We may be reminded of Eve Sedgwick’s comments on the mimetic aspect of critical interpretation: its remarkable ability to encourage imitation, repetition, and mimicry, thereby ensuring its own reproduction. It is an efficiently running form of intellectual machinery, modeling a style of thought that is immediately recognisable, widely applicable, and easily teachable. Casting the work of the scholar as a never-ending labour of distancing, deflating, and diagnosing, it rules out the possibility of a different relationship to one’s object. It seems to grow, as Sedgwick puts it, “like a crystal in a hypersaturated solution, blotting out any sense of the possibility of alternative ways of understanding or things to understand” (131).In this context, a change in vocabulary—a redescription, if you will—may turn out to be therapeutic. It will come as no great surprise if I urge a second look at the hermeneutics of suspicion. Ricoeur’s phrase, I suggest, can help guide us through the interpretative tangle of contemporary literary studies. It seizes on two crucial parts of critical argument—its sensibility and its interpretative method—that deserve more careful scrutiny. At the same time, it offers a much-needed antidote to the charisma of critique: the aura of ethical and political exemplarity that burnishes its negativity with a normative glow. Thanks to this halo effect, I’ve suggested, we are encouraged to assume that the only alternative to critique is a full-scale surrender to complacency, quietism, and—in literary studies—the intellectual fluff of aesthetic appreciation. Critique, moreover, presents itself as an essentially disembodied intellectual exercise, an austere, even abstemious practice of unsettling, unmaking, and undermining. Yet contemporary styles of critical argument are affective as well as analytical, conjuring up distinctive dispositions and relations to their object. As Amanda Anderson has pointed out in The Way We Argue Now, literary and cultural theory is saturated with what rhetoricians call ethos—that is to say, imputations of motive, character, or attitude. We need only think of the insouciance associated with Rortyan pragmatism, the bad-boy iconoclasm embraced by some queer theorists, or the fastidious aestheticism that characterises a certain kind of deconstructive reading. Critical languages, in other words, are also orientations, encouraging readers to adopt an affectively tinged stance toward their object. Acknowledging the role of such orientations in critical debate does not invalidate its intellectual components, nor does it presume to peer into, or diagnose, an individual scholar’s state of mind.In a related essay, I scrutinise some of the qualities of a suspicious or critical reading practice: distance rather than closeness; guardedness rather than openness; aggression rather than submission; superiority rather than reverence; attentiveness rather than distraction; exposure rather than tact (215–34). Suspicion, in this sense, constitutes a muted affective state—a curiously non-emotional emotion of morally inflected mistrust—that overlaps with, and builds upon, the stance of detachment that characterises the stance of the professional or expert. That this style of reading proves so alluring has much to do with the gratifications and satisfactions that it offers. Beyond the usual political or philosophical justifications of critique, it also promises the engrossing pleasure of a game-like sparring with the text in which critics deploy inventive skills and innovative strategies to test their wits, best their opponents, and become sharper, shrewder, and more sophisticated players. In this context, the claim that contemporary criticism has moved “beyond” hermeneutics should be treated with a grain of salt, given that, as Stanley Fish points out, “interpretation is the only game in town” (446). To be sure, some critics have backed away from the model of what they call “depth interpretation” associated with Marx and Freud, in which reading is conceived as an act of digging and the critic, like a valiant archaeologist, excavates a resistant terrain in order to retrieve the treasure of hidden meaning. In this model, the text is envisaged as possessing qualities of interiority, concealment, penetrability, and depth; it is an object to be plundered, a puzzle to be solved, a secret message to be deciphered. Instead, poststructuralist critics are drawn to the language of defamiliarising rather than discovery. The text is no longer composed of strata and the critic does not burrow down but stands back. Instead of brushing past surface meanings in pursuit of hidden truth, she dwells in ironic wonder on these surface meanings, seeking to “denaturalise” them through the mercilessness of her gaze. Insight, we might say, is achieved by distancing rather than by digging. Recent surveys of criticism often highlight the rift between these camps, underscoring the differences between the diligent seeker after buried truth and the surface-dwelling ironist. From a Ricoeur-inflected point of view, however, it is their shared investment in a particular ethos—a stance of knowingness, guardedness, suspicion and vigilance—that turns out to be more salient and more striking. Moreover, these approaches are variously engaged in the dance of interpretation, seeking to go beyond the backs of texts or fellow-actors in order to articulate non-obvious and often counter-intuitive truths. In the case of poststructuralism, we can speak of a second-order hermeneutics that is less interested in probing the individual object than the larger frameworks and conditions in which it is embedded. What the critic interprets is no longer a self-contained poem or novel, but a broader logic of discursive structures, reading formations, or power relations. Ricoeur’s phrase, moreover, has the singular advantage of allowing us to by-pass the exceptionalist tendencies of critique: its presumption that whatever is not critique can only be assigned to the ignominious state of the uncritical. As a less prejudicial term, it opens up a larger history of suspicious reading, including traditions of religious questioning and self-scrutiny that bear on current forms of interpretation, but that are occluded by the aggressively secular connotations of critique (Hunter). In this context, Ricoeur’s own account needs to be supplemented and modified to acknowledge this larger cultural history; the hermeneutics of suspicion is not just the brain-child of a few exceptional thinkers, as his argument implies, but a widespread practice of interpretation embedded in more mundane, diffuse and variegated forms of life (Felski 220).Finally, the idea of a suspicious hermeneutics does not invalidate or rule out other interpretative possibilities—ranging from Ricoeur’s own notion of a hermeneutics of trust to more recent coinages such as Sedgwick’s “restorative reading,” Sharon Marcus’s “just reading” or Timothy Bewes’s “generous reading.” Literary studies in France, for example, is currently experiencing a new surge of interest in hermeneutics (redefined as a practice of reinvention rather than exhumation) as well as a reinvigorated phenomenology of reading that elucidates, in rich and fascinating detail, its immersive and affective dimensions (see Citton; Macé). 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