142 resultados para Legal discourse analysis


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In this paper we identify elements in Marx’s economic and political writings that are relevant to contemporary critical discourse analysis (CDA). We argue that Marx can be seen to be engaging in a form of discourse analysis. We identify the elements in Marx’s historical materialist method that support such a perspective, and exemplify these in longitudinal comparison of Marx’s texts.

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In this chapter, I draw on poststructural theories of language to examine the self-characterisation practices of 33 boys attending special schools for students with disruptive behaviour. During a semi-structured interview, each boy was asked to describe his personality and then to choose from a selection of positive/negative word pairs. The objective was to determine whether these young people would characterise themselves in positive or negative ways. Participants were then asked if there was anything they would change about themselves if they could. Responses were analysed and compared against a discourse model developed from media reports and interviews with their principals. Findings suggest that while discourse may well ‘form the objects of which it speaks’ (Foucault, 1972, p. 49) in the eyes of teachers, principals, psychiatrists and paediatricians, it also offers a means through which the constituted subject can re-author itself in a more positive frame.

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We explored how people negotiate, and respond to, identity transitions following a diagnosis of pancreatic cancer. Interviews with 19 people with pancreatic cancer were analysed using thematic discourse analysis. While discursively negotiating two transitions, “moving from healthy to ill” and “moving from active treatment to end-of-life care”, participants positioned themselves as “in control”, “optimistic” and managing their health and illness. In the absence of other discourses or “models” of life post-cancer, many people draw on the promise of survival. Moving away from “survivorship” may assist people with advanced cancer to make sense of their lives in a short timeframe.

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In How to Do Things with Words, Austin (1975) described marriages, sentencings and ship launchings as prototypes of performative utterance. What’s the appropriate speech act for launching an academic journal? First editions of journals tend to take a field as formed a priori, as having “come of age”, and state good intents to capture its best or most innovative work.

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This study involves the analysis of one of the most recent Indigenous Education policies, the Aboriginal and Torres Strait Islander Education Action Plan 2010-2014 (MCEECDYA, 2011). It examines how the language used within policy positions Aboriginal and Torres Strait Islander peoples. Articulating Rigney's (1999) Indigenist Research Principles with Fairclough's (2001) Critical Discourse Analysis provides a platform for critical dialogues about policy decision-making. In doing so, this articulation enables and emphasises the need for potential policy revision to contribute to the Aboriginal and Torres Strait Islander struggle for self-determination.

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Language and gender research has, in recent years, emphasised the importance of examining the context-specific ways in which people ‘do gender’ in different situations. In this paper, we explore how women involved in drug offences, specifically methamphetamine manufacture offences, are constructed within the language of the courts. Thirty-six sentencing transcripts from the New Zealand courts were examined to investigate how such offences, committed by women, are understood. In order to explore the representation of female offenders, a critical discourse analytic approach was adopted. Such an approach recognises that linguistic modes not only create and legitimise power inequalities but also embody a specific worldview. Three gendered discourses were identified in the sentencing texts: (i) the discourse of femininity, reinforcing the socially prescribed female role; (ii) the discourse of aberration, concerning women who breach traditional gender role expectations, and; (iii) the discourse of salvation, presenting aberrant women with an opportunity to become ‘good’ women once again. The findings illustrate the ways in which processes of gendering take place within a specific community of practice: the courtroom.

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This chapter undertakes a study of how elite schools in India have a historical, colonial legacy while incorporating global, market oriented, international agenda to fit in with present times. Drawing on Bourdieu’s notion of elite schools and Foucault’s theory of discourse, a qualitative analysis is undertaken of 21 elite schools. The primary argument advanced is that the websites of the schools contain the discourses of privilege and distinction along with the discourses of inclusion and exclusion, market ideology and individual merit with the aim being to promote a local, global elite ascendancy.

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Adopting a social constructionist framework, the authors conducted a synthetic discourse analysis to explore how people living in Australia with deafness construct their experience of deafness. An online forum facilitated access and communication between the lead author and 24 widely dispersed and linguistically diverse forum contributors. The authors discuss the productive and restrictive effects of the emergent discourse of deafness as abnormal and the rhetorical strategies mobilized in people’s accounts: fitting in, acceptance as permission to be different, and the need to prove normality. Using these strategies was productive in that the forum respondents were enabled to reposition deafness as a positive, socially valued identity position. However, the need to manage deafness was reproduced as an individual concern, disallowing any exploration of how deafness could be reconstructed as socially valued. The article concludes with a discussion of the implications of the deafness as abnormal discourse.

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In this chapter, John Howard’s policy speech to The Sydney Institute, a conservative think tank, on October 11, 2007 as the Australian Prime Minister of the day, is analysed within the frame of discourse analysis to make visible how the speech works in old ways to dress up neoliberal policy as new and reformist. Taking centre stage, Howard pointed to concrete steps undertaken to achieve what he called a “new reconciliation.” This cynical manoeuvre, which put reconciliation back onto the election agenda (after it was earlier derided for its divisive and muddle headed symbolism), constituted a “neoliberal quickstep” (Reiger, 2006) or quickfix of sorts. The speech was also used as a place to reintroduce the Northern Territory Intervention, which at the time was purported to be a response to child abuse and Indigenous community dysfunction.

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This dissertation by publication which focuses on gender and the Australian federal parliament has resulted in the submission of three refereed journal articles. Data for the study were obtained from 30 semi-structured interviews undertaken in 2006 with fifteen (15) male and fifteen (15) female members of the Australian parliament. The first of the articles is methodological and has been accepted for publication in the Australian Journal of Political Science. The paper argues that feminist political science is guided by five important principles. These are placing gender at the centre of the research, giving emphasis to women’s voice, challenging the public/private divide, using research to transform society and taking a reflexive approach to positionality. It is the latter principle, that of the importance of taking a reflexive approach to research which I explore in the paper. Through drawing on my own experiences as a member of the House of Representatives (Forde 1987-1996) I reflexively investigate the intersections between my background and my identity as a researcher. The second of the articles views the data through the lens of Acker’s (1990) notion of the ‘gendered organization’ which posits that there are four dimensions by which organizations are gendered. These are via the division of labour, through symbols, images and ideologies, by workplace interactions and through the gendered components of individual identity. In this paper which has been submitted to the British Journal of Political Science, each of Acker’s (1990) dimensions is examined in terms of the data from interviews with male and female politicians. The central question investigated is thus to what extent does the Australian parliament conform to Acker’s (1990) concept of the ‘gendered organization’? The third of the papers focuses specifically on data from interviews with the 15 male politicians and investigates how they view gender equality and the Australian parliament. The article, which has been submitted to the European Journal of Political Science asks to what extent contemporary male politicians view the Australian parliament as gendered? Discourse analysis that is ‘ways of viewing’ (Bacchi, 1999, p. 40) is used as an approach to analyse the data. Three discursive frameworks by which male politicians view gender in the Australian parliament are identified. These are: that the parliament is gendered as masculine but this is unavoidable; that the parliament is gendered as feminine and women are actually advantaged; and that the parliament is gender neutral and gender is irrelevant. It is argued that collectively these framing devices operate to mask the many constraints which exist to marginalise women from political participation and undermine attempts to address women’s political disadvantage as political participants. The article concludes by highlighting the significance of the paper beyond the Australian context and calling for further research which names and critiques political men and their discourses on gender and parliamentary practices and processes.

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In this paper we analyse a 600,000 word corpus comprised of policy statements produced within supranational, national, state and local legislatures about the nature and causes of(un)employment. We identify significant rhetorical and discursive features deployed by third sector (un)employment policy authors that function to extend their legislative grasp to encompass the most intimate aspects of human association.

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In this article I outline and demonstrate a synthesis of the methods developed by Lemke (1998) and Martin (2000) for analyzing evaluations in English. I demonstrate the synthesis using examples from a 1.3-million-word technology policy corpus drawn from institutions at the local, state, national, and supranational levels. Lemke's (1998) critical model is organized around the broad 'evaluative dimensions' that are deployed to evaluate propositions and proposals in English. Martin's (2000) model is organized with a more overtly systemic-functional orientation around the concept of 'encoded feeling'. In applying both these models at different times, whilst recognizing their individual usefulness and complementarity, I found specific limitations that led me to work towards a synthesis of the two approaches. I also argue for the need to consider genre, media, and institutional aspects more explicitly when claiming intertextual and heteroglossic relations as the basis for inferred evaluations. A basic assertion made in this article is that the perceived Desirability of a process, person, circumstance, or thing is identical to its 'value'. But the Desirability of anything is a socially and thus historically conditioned attribution that requires significant amounts of institutional inculcation of other 'types' of value-appropriateness, importance, beauty, power, and so on. I therefore propose a method informed by critical discourse analysis (CDA) that sees evaluation as happening on at least four interdependent levels of abstraction.

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Jean Anyon’s (1981) “Social class and school knowledge” was a landmark work in North American educational research. It provided a richly detailed qualitative description of differential, social-class-based constructions of knowledge and epistemological stance. This essay situates Anyon’s work in two parallel traditions of critical educational research: the sociology of the curriculum and classroom interaction and discourse analysis. It argues for the renewed importance of both quantitative and qualitative research on social reproduction and equity in the current policy context.

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An introductory overview of the historical foundations, practical precedents of current 'critical' approaches to English as a Second Language teaching - with specific reference to 'critical pedagogy' and 'text analytic' work.

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This article explores articulations of queer identity in recent Australian queer student media. Print media is of particular importance to queer communities because, as Cover argues, it provides a crucial grounding for community development and a model of queer to guide the positioning of identity and activism. This article uses discourse analysis of queer student activists’ media representations of diversity and inclusiveness to investigate the articulations of queer identity in one specific context: metropolitan Australian universities. This reveals real-life appropriations of this contentious term and contributes to a genealogy of sexuality, documenting one visible moment in history.