142 resultados para Legal discourse analysis


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‘Sustainability’ provides the dominant frame within which environmental policy debate occurs, notwithstanding its divergent meanings. However, how different discourses combine to shape understanding of the environment, the causes of environmental issues, and the responses required, is less clear cut. Drawing primarily on the approach to critical discourse analysis (CDA) developed by Fairclough, this paper explores the way in which neoliberal and ecologically modern discourses combine to shape environmental policy. Environmental scholars have made relatively little use of this approach to CDA to date, despite the significant interest in the discursive aspects of environmental issues, and its wide use in other areas of policy interest. Using the case of environmental policy-making in Victoria, Australia, this paper illustrates how neoliberalism and weak ecological modernization represented sustainability in ways that seriously limited the importance of environmental issues.

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Chinese modal particles feature prominently in Chinese people’s daily use of the language, but their pragmatic and semantic functions are elusive as commonly recognised by Chinese linguists and teachers of Chinese as a foreign language. This book originates from an extensive and intensive empirical study of the Chinese modal particle a (啊), one of the most frequently used modal particles in Mandarin Chinese. In order to capture all the uses and the underlying meanings of the particle, the author transcribed the first 20 episodes, about 20 hours in length, of the popular Chinese TV drama series Kewang ‘Expectations’, which yielded a corpus data of more than 142’000 Chinese characters with a total of 1829 instances of the particle all used in meaningful communicative situations. Within its context of use, every single occurrence of the particle was analysed in terms of its pragmatic and semantic contributions to the hosting utterance. Upon this basis the core meanings were identified which were seen as constituting the modal nature of the particle.

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This paper discusses the teaching of writing within the competing and often contradictory spaces of high-stakes testing and the practices and priorities around writing pedagogy in diverse school communities. It uses socio-spatial theory to examine the real-and-imagined spaces (Soja, 1996) that influence and are influenced by teachers’ pedagogical priorities for writing in two linguistically diverse elementary school case studies. Methods of critical discourse analysis are used to examine rich data sets to make visible the discourses and power relations at play in the case schools. Findings show that when teachers’ practices focus on the teaching of structure and skills alongside identity building and voice, students with diverse linguistic backgrounds can produce dramatic, authoritative and resonant texts. The paper argues that “thirdspaces” can be forged that both attend to accountability requirements, yet also give the necessary attention to more complex aspects of writing necessary for students from diverse and multilingual backgrounds to invest in writing as a creative and critical form of communication for participation in society and the knowledge economy.

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This paper offers insights into the relationship between curriculum decision making, positive school climate, and academic achievement for same-sex attracted (SSA) students. The authors use critical discourse analysis to present a ‘conversation’ between six same-sex attracted young people, aged 14-19, and three pop-culture texts currently popular with both teachers and school-aged peers: The Hunger Games, Tomorrow When the War Began, and Neighbours. Analysis starts from the perspective that schools are empowered agents in the production of students’ sexualised identities and seeks to understand how textual choices function as active discourse in that production. Through this analysis, an argument is made for expanding notions of what it means to ‘attend to’ gender and sexuality through textual choice and critical pedagogy.

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This paper examines teacher accountability and authority in early childhood policy. It reports on data from a study that investigated the influences affecting early childhood teacher decision-making at the preschool level in Victoria, Australia. Using a question raised by Ball ‘Where are the teachers in all this [policy]?’ provided a starting point for the critical discourse analysis into how forms of control, teacher authority, obligation and constraint within policies potentially influenced teachers’ curriculum decisions. The study found that despite no government-mandated curriculum framework at the time, teachers were held accountable for their curricular practice. Yet as professionals, early childhood teachers were denied public acknowledgement of their expertise as they were almost invisible in policy. In the four policies analysed, proprietors of early childhood settings and preschool agencies held authority over curriculum. Subsequently, teachers’ authority as professionals with curricular knowledge was diminished.

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Despite ongoing ‘boom’ conditions in the Australian mining industry, women remain substantially and unevenly under-represented in the sector, as is the case in other resource-dependent countries. Building on the literature critiquing business-case rationales and strategies as a means to achieve women’s equality in the workplace, we examine the business case for employing more women as advanced by the Australian mining industry. Specifically, we apply a discourse analysis to seven substantial, publically-available documents produced by the industry’s national and state peak organizations between 2005 and 2013. Our study makes two contributions. First, we map the features of the business case at the sectoral rather than firm or workplace level and examine its public mobilization. Second, we identify the construction and deployment of a normative identity – ‘the ideal mining woman’ – as a key outcome of this business-case discourse. Crucially, women are therein positioned as individually responsible for gender equality in the workplace.

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Metaphors are a common instrument of human cognition, activated when seeking to make sense of novel and abstract phenomena. In this article we assess some of the values and assumptions encoded in the framing of the term big data, drawing on the framework of conceptual metaphor. We first discuss the terms data and big data and the meanings historically attached to them by different usage communities and then proceed with a discourse analysis of Internet news items about big data. We conclude by characterizing two recurrent framings of the concept: as a natural force to be controlled and as a resource to be consumed.

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Current national reforms in Australian higher education have prioritised efforts to reduce educational disadvantage within a vernacular expression of neoliberal education policy. Student-equity policy in universities is enmeshed in a set of competitive student recruitment relations. This raises practice-based tensions as universities strive to meet specific institutional targets for low-socio-economic status (SES) and Indigenous student participation, whilst broadening participation more generally within the sector. This paper seeks empirically to trace the activation and appropriation of federal policy through two sites of higher education policy practices: a state government-sponsored equity practitioner body and two differently positioned universities, Dawson and McIllwraith, as they engage with low-SES schools. Working together Dorothy Smith’s insights into the textually mediated activation of local practices, Levinson and colleagues’ concept of the local appropriation of authorised policy, and Bourdieu’s notion of the contested field, we demonstrate that the generation of state level and institutionally specific policies for student-equity practices not only articulates to federal policy, but also appropriates the ruling relations of mandated policy. Further, the scope of these creative local appropriations is organised within a hierarchical academic field through which particular institutional imperatives, as well as the needs of low-SES students, are negotiated. The analysis demonstrates the vernacularisation of policy in the national rearticulation of global discourses, in appropriation at the level of the state body and in the practices of equity workers.

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University–community engagement (UCE) represents a hybrid discourse and a set of practices within contemporary higher education. As a modality of research and teaching, ‘engagement’ denotes the process of universities forming partnerships with external communities for the promised generation of mutually beneficial and socially responsive knowledge, leading to enhanced economic, social and cultural developments. A critical discourse analysis (Fairclough 2003. Analysing Discourse: Textual analysis for social research. London: Routledge) of the Australian Universities Community Engagement Alliance’s (AUCEA) ‘Position Paper’(2008 Universities and community engagement (Position paper 2008–2010)), as reported in this article, suggests that its uneasy synthesis of neoliberal, social inclusion and civic engagement discourses into a hybrid UCE discourse semantically privileges neoliberal forms of engagement. Perhaps, as a result, the AUCEA seems to have missed an opportunity to influence the Australian ‘widening participation’ debate on securing access and opportunity for marginalised students at universities and building social and cultural capital within their communities of origin.

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In Australia, the decision to home educate is becoming increasingly popular (cf. Harding & Farrell, 2003; Townsend, 2012). In spite of its increasing popularity, the reasons home education is chosen by Australian families is under-researched (cf. Jackson & Allan, 2010). This paper reports on a case study that set out to explore the links between families that unschool and the parenting philosophies they follow. In- depth, qualitative interviews were conducted with a group of home education families in one of Australia’s most populated cities. Data were analysed using Critical Discourse Analysis. The analysis revealed that there were links between the parents’ beliefs about home education and their adherence to Attachment Parenting.

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Evaluation in higher education is an evolving social practice, that is, it involves what people, institutions and broader systems do and say, how they do and say it, what they value, the effects of these practices and values, and how meanings are ascribed. The textual products (verbal, written, visual, gestural) that inform and are produced by, for and through evaluative practices are important as they promulgate particular kinds of meanings and values in specific contexts. This paper reports on an exploratory study that sought to investigate, using discourse analysis, the types of evaluative practices that were ascribed value, and the student responses that ensued, in different evaluative instruments. Findings indicate that when a reflective approach is taken to evaluation, students’ responses are more considered, they interrogate their own engagement in the learning context and they are more likely to demonstrate reconstructive thought. These findings have implications for reframing evaluation as reflective learning.

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This paper explores how four English teachers position their English language learners for critical literacy within senior high school curriculum in Queensland, Australia. Such learners are often positioned, even by their teachers, within a broader “deficit discourse” that claims they are inherently lacking the requisite knowledge and skills to engage with intransigent school curricula. As such, English language learners’ identity formation is often constrained by deficit views that can ultimately see limited kinds of literacy teaching offered to them. Using Fairclough’s (2003) critical discourse analysis method, analysis of 16 interviews with the teachers was conducted as part of a larger, critical instrumental case study in two state high schools during 2010. Five competing discourses were identified: deficit as lack; deficit as need; learner “difference” as a resource; conceptual capacity for critical literacy; and linguistic, cultural and conceptual difficulty with critical literacy. While a deficit view is present, counter-hegemonic discourses also exist in their talk. The combination of discourses challenges monolithic deficit views of English language learners, and opens up generative discursive territory to position English language learners in ways other than “problematic”. This has important implications for how teachers view and teach English language learners and their capacity for critical literacy work in senior high school classrooms.

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This case study examined four teachers' understandings and teaching of Critical Literacy with senior English as an Additional Language (EAL) learners in two Queensland high schools. Despite continuous, rapid curriculum change in Australia and efforts to diminish Critical Literacy, the four teachers continued to feature it successfully in their teaching with often marginalised learners. They used critical literacy to provide access to and critique dominant language codes, and to draw on learners' diverse experiences. To a lesser extent, the teachers created opportunities for redesigning dominant texts. Implications are important for policy production and interpretation, school planning and teacher professional development.

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In Australia, for more than two decades, a ‘social science’ integrated framework was the favoured approach for delivering subjects such as history and geography. However, such interdisciplinary approaches have continued to attract criticism from various parts of the academic and public spheres and since 2009, a return to teaching the disciplines has been heralded as the ‘new’ way forward. Using discourse analysis techniques associated with Foucauldian archaeology, the purpose of this paper is to examine the Australian Curriculum: Geography document to ascertain the discourses necessary for pre-service teachers to enact effective teaching of geography in a primary setting. Then, based on pre-service teachers’ online survey responses, the paper investigates if such future teachers have the knowledge and skills to interpret, deliver and enact the new geography curriculum in primary classrooms. Finally, as teacher educators, our interest lies in preparing pre-service teachers effectively for the classroom so the findings are used to inform the content of a teacher education course for pre-service primary teachers.

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In 2009 a couple in Cairns were charged, and later found not guilty, of illegally obtaining a medical abortion through the use of medication imported from overseas. The court case reignited the discussions surrounding the illegality and social acceptance of abortion in Queensland, Australia. Based on a discourse analysis of 150 online news media articles covering the Cairns trial, this article critically examines the language and key words relied upon by media when covering the Cairns trial. It argues that, despite popular support for the decriminalisation of abortion, emotive language that aligns with a pro-life ideology is still being employed which has the power to shape perceptions of deviance and stigma surrounding abortion. This is useful to demonstrate how media discourse surrounding abortion needs to further align with a pro-choice ideology for women to be empowered for their choices.