3 resultados para Legal English

em Repository Napier


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This paper explores the non-adoption of an innovation via the concept of hybrid genres, that is digital genres that emerge from a non-digital material precedent. As instances of innovation these are often resisted because they disturb the order of activity and balance of power relations in a given situation, or require users to make conceptual and physical adaptation efforts that they consider too costly. The authors investigate such issues with a case study of the introduction of a hybrid digital genre, ODR or online dispute resolution, in legal practice

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Purpose – The purpose of this paper is to explore the relevance of human resource development (HRD) for law firms in the UK. It examines how the characteristics of legal professional practice in the UK, including the partnership structure, long established methods of targeting solicitors and the law society, may act as barriers to the implementation of HRD. Design/methodology/approach – The paper uses an exploratory case study research approach to investigate characteristics and issues influencing the adoption of HRD in a Scottish legal firm. Primary data are collected via semi-structured interviews with a cross-section of representatives. Findings – Despite recognition of the importance of learning, the characteristic elements of law firms, including the partnership structure; the pervasiveness of time-billed targets in the solicitor community; and HR’s profile and acceptance among the solicitor community, remain as barriers to the applicability of HRD. The research also exposes variability on the level and scope of development opportunities, an emphasis on technical skills development, and a lack of solicitors’ self-managed learning ability. Research limitations/implications – While the research findings provide a useful insight into the barriers to HRD in one legal firm, this does not allow for any generalisations being drawn from the study. Practical implications – The paper explores the suitability of workplace learning to support legal professional development. Originality/value – There is a dearth of research into HRD in legal practices in the UK. The paper contributes to the contextual influences that limit the applicability of HRD to legal professional practices.

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Traditionally, language speakers are categorised as mono-lingual, bilingual, or multilingual. It is traditionally assumed in English language education that the ‘lingual’ is something that can be ‘fixed’ in form, written down to be learnt, and taught. Accordingly, the ‘mono’-lingual will have a ‘fixed’ linguistic form. Such a ‘form’ differs according to a number of criteria or influences including region or ‘type’ of English (for example, World Englishes) but is nevertheless assumed to be a ‘form’. ‘Mono-lingualism’ is defined and believed, traditionally, to be ‘speaking one language’; wherever that language is; or whatever that language may be. In this chapter, grounded in an individual subjective philosophy of language, we question this traditional definition. Viewing language from the philosophical perspectives such as those of Bakhtin and Voloshinov, we argue that the prominence of ‘context’ and ‘consciousness’ in language means that to ‘fix’ the form of a language goes against the very spirit of how it is formed and used. We thus challenge the categorisation of ‘mono’-lingualism; proposing that such a categorisation is actually a category error, or a case ‘in which a property is ascribed to a thing that could not possibly have that property’ (Restivo, 2013, p. 175), in this case the property of ‘mono’. Using this proposition as a starting point, we suggest that more time be devoted to language in its context and as per its genuine use as a vehicle for consciousness. We theorise this can be done through a ‘literacy’ based approach which fronts the context of language use rather than the language itself. We outline how we envision this working for teachers, students and materials developers of English Language Education materials in a global setting. To do this we consider Scotland’s Curriculum for Excellence as an exemplar to promote conscious language use in context.