110 resultados para Juridical ideology


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In the wake of the September 11 and subsequent terrorist attacks, the academic and media commentaries on 'Islam the religion' and 'Islam the basis for political ideology' has received an unprecedented high level of attention. This book deals with such questions as the nature of Islamism, the impact of the 'war on terror' on militancy, and more.

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In this paper I argue that factors such as conflicting pressures for food regulation reform and continuing industry assistance programs have made conditions even more favourable for collective business interest representation in Australia's food processing sector. The push by firms for less onerous and more business-friendly regulation has run up against environmental and social pressures/or more rigorous regulatory controls, as awareness grows ofthe risks ofnew technologies. The case of the Australian Food and Grocery Council (AFGC) illustrates the issues. The extent to which this association participates directly in the design and implementation of public policy is indicative of a decline in the autonomy of politicians and the state bureaucracy vis-a-vis the ideology and interests of business.

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This article explores recent shifts in health-care policy and the implications for rural nursing in Australia. Health-care reforms have resulted in the implementation of a 'market forces' ideology, creating tensions between economic imperatives and the need for equity and greater access in rural service delivery. New models of health-service delivery have been developed that have significant implications for the way rural health care is defined, practised and received. The issues surrounding the context of rural nursing practice and service delivery are discussed.

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This review of the adult rape experience draws from theoretical conceptualizations in both psychology and victimology. It is an integrative discussion of Lerner's [Lerner, M.J. (1980). The Belief In A Just World. New York: Plenum] victimological theory of the “just world” and Gagnon and Simon's [Gagnon, J.H., & Simon, W. (1973). Sexual Conduct: The Sources of Human Sexuality. Chicago: Aldine] conceptualization of cognitive sex scripting. The “just world” is one in which an individual gets what he/she deserves. People will construe events and interpret the character of people to maintain this ideology. As theorized by Perloff [Perloff, L.S. (1983). Perceptions of vulnerability to victimisation. J Soc Issues 39, 41–61], this promotes a feeling of “unique invulnerability” in the absence of victimization. However, should victimization, such as rape, occur, this ideology can implicate detrimental effects of adjustment. This includes the “secondary victimization” from others, as theorized by Williams [Williams, J.E. (1984). Secondary victimisation: confronting public attitudes about rape. Victimol Int J 9, 66–81]. These victimological perspectives are cognitive scripts. They develop over time from exposure to family dynamics, sociocultural tenets describing gender roles and sexual conduct, and from an individual's parameters and dimensions of sexual individuality and disposition. How these victimological scripts may impact on the adjustment of adult raped men and women is discussed.

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This paper presents an analysis of the e-Commerce policies developed and implemented in the USA, Canada, Australia, Victoria, Finland, Norway, the UK, Ireland, the EU (by the OECD), Singapore, Japan, Malaysia, Thailand and Hong Kong (Special Administrative Region). The paper shows that e-Commerce policy adopted is generally trying to achieve two fundamental aims:

1. to minimize regulatory environments for e-Commerce; and
2. to ease logistical problems in doing e-Commerce—i.e. in paying electronically, in deliver y of goods and in customs, tariffs and duties.

These strategies are designed to create an environment where e-Commerce is adopted by business and government in these countries to achieve ‘best practice’, to become ‘modern’, to gain ‘efficiencies’, because ‘it is the way to go’, because ‘we must have it, because everybody has it’, and because they ‘perceive the benefits of it’. In essence it is being used to gain hegemony in the economic competitiveness of the geopolitical environment created by the Internet. This paper argues that differentiating types of policy is related to ideology and hegemony in the various countries.

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The paper considers questions of the nature, extent and role of the third sector in the development of welfare strategies in Australia. Based upon both qualitative and quantitative data, a typology of third sector welfare  organisations is discussed together with the identification of current operational models of welfare: charity; activism; welfare state industry and market. The organisational types of third sector welfare organisations in Australia are outlined and the field characterised as being large, diverse and growing. The paper reflects on the claims that the third sector provides a site for the establishment of active, pluralistic forms of welfare. Le papier considè re des questions de la nature, de l'ampleur et du rôle du troisième secteur dans le dèveloppement des stratègies d'assistance sociale en Australie. Basè acute sur des donnèes qualitatives et quantitatives, une typologie des troisième organismes d'assistance sociale de secteur est discuteè ainsi que l'identification des modèles opèrationnels actuels du bien-ètre: charitè; activisme; industrie et marchè d'ètat providence. Les types d'organisation de troisième organismes d'assistance sociale de secteur en Australie sont tracès les grandes lignes et la zone sont caractè risèes en tant qu'èacutetant grande, diverse et la croissance. Le papier rèflèchit sur les rèclamations que le troisième secteur fournit un site pour l'etablissement des formes actives et pluralistes du bien-èt re

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INTRODUCTION: The ideology and pronouncements of the Australian Government in introducing 'competitive neutrality' to the public sector has improved efficiency and resource usage. In the health sector, the Human Services Department directed that non-clinical and clinical areas be market tested through benchmarking services against the private sector, with the possibility of outsourcing. These services included car parking, computing, laundry, engineering, cleaning, catering, medical imaging (radiology), pathology, pharmacy, allied health and general practice. Managers, when they choose between outsourcing, and internal servicing and production, would thus ideally base their decision on economic principles. Williamson's transaction cost theory studies the governance mechanisms that can be used to achieve economic efficiency and proposes that the optimal organisation structure is that which minimises transaction costs or the costs of exchange. Williamson proposes that four variables will affect such costs, namely: (i) frequency of exchange; (ii) asset specificity; (iii) environmental uncertainty; and (iv) threat of opportunism. This paper provides evidence from a rural public hospital and examines whether Williamson's transaction cost theory is applicable. d into an analysis that relies solely on transaction

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Like their counterparts elsewhere, Australian children favour humorous novels; comedic writers consistently dominate the preteen and early teen fiction market in Australia. Regardless of its popularity, however, in comparison to more serious writing, humorous literature has received little critical attention. Of the studies aimed at this area, most have tended to concentrate on the various stages of development in childrens preferences for humor, its strategies, forms and appeal, with very few examining the ideological assumptions informing particular texts. Yet, this article argues, humorous books are no less concerned with culture, value and meaning than any other kind of fiction for children. As Morris Gleitzmans texts illustrate, by highlighting the cultural processes involved in the construction of language and meaning, inviting readers to play with ideas about language, social roles and behaviors, and creating characters who act in ways which are oppositional to usual socializing expectations, humorous literature, especially in carnivalized forms, has the potential to problematize unquestioning acceptance of various ideological para-digms, values, social practices and rules.

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This article explores the relationships between governments and selected voluntary organisations involved in British migration to Australia and Canada from the 1890s to the Second World War. Prior to the Great War, there was considerable ill feeling by Dominion governments, especially Australian, towards philanthropic organisations, which appeared to undermine official immigration schemes through their attempts to reclaim and transplant the unwanted. Although voluntary associations were later subsidised by the British government and came under the group nomination schemes of the 1922 Empire Settlement Act, they were still viewed with suspicion. Organisations focusing on 'salvation', 'redemption' and 'rescue' in their migration work, however, provide us with an alternative ideology to the idea of building up 'fit populations' in the Dominions, where the notion of 'fitness' was perceived in a number of ways, not least in terms of class.

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There are at least two themes in Paul Ricoeur’s recent essay, ‘The Concept of Responsibility: An Essay in Semantic Analysis’ (Ricoeur 2000). The first of these is in the foreground of the essay. It concerns how the concept of responsibility has evolved in recent times from a delimited juridical notion to a much broader moral concept. The second theme remains in the background of the essay and alludes to theses that Ricoeur has developed in his book, Oneself as Another (Ricoeur 1992). This theme concerns how responsibility relates to personal and moral identity and how it emerges dialectically from social formation and from an eliminable subjectivity. In this paper I will explicate Ricoeur’s first theme and also explore how the second theme might solve the problem of the unassumable scope and range of our responsibilities which the first theme might suggest.

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This article argues that the feudal doctrine of tenure continues to endure as the foundation for Australian land law despite its obvious social and historical irrelevance. The doctrine of tenure is a derivation of feudal history. The article examines some of its historical foundations with the aim of highlighting the disparity between the fiction of this inherited form and the reality of a colonial Australian landscape. Particular attention is given to the fact that Australian feudal tenure was always a passive framework. It was disconnected with the landscape and therefore incapable of responding to the needs of colonial expansion. This resulted in a clear disparity between feudal form and the reality of a land system populated by statutory grants. The article argues that feudal tenure was never truly devised as a responsive land system but rather, adopted as a sovereignty device. In this sense, legal history was utilised with the aim of promoting imperial objectives within colonial Australia. Tenure was equated with absolute Crown ownership over all Australian territory despite the fact that this was inconsistent with the orthodox tenets of feudal tenure.
The article argues that the consequence of adopting feudal tenure and absolute Crown ownership has been the estrangement of indigenous rights, title and culture. The creation and legitimisation of a land framework with a fundamentally Eurocentric perspective completely destroyed indigenous interests during the settlement and colonial era. It created an imperial ideology where colonists silently accepted the denial of indigenous identity. The decision of the Mabo High Court to reassess this historical perspective and accept the validity of proven native title claims clearly disturbed tenurial assumptions. However, the High Courts' reification of the feudal form created a fundamental paradox: indigenous title was accepted as a proprietary right within a framework incapable of and unequipped to recognise the fundamentally different cultural perspectives of customary ownership. The article argues that native title cannot evolve within a common law framework that regards ownership as a derivation of the English Crown. It is suggested that ultimately, a pluralist property culture, where indigenous and non-indigenous title exist as equalised entities, can only be properly nurtured with the full and absolute abolition of the feudal doctrine of tenure.

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In her book The Reluctant Modernism of Hannah Arendt (2000) Seyla Benhabib uses the concept of an ‘alternative genealogy of modernity’ to help her both to understand Arendt’s political philosophy and to rethink the potential for civil society to become a progressive political force at the beginning of the twenty first century. The idea of an alternative genealogy of modernity refers to a heterogeneity of social and political forms, spaces and acts that might be used to remap and redefine a modernity whose dominant topology has been shaped by the binary division between so-called public and private spheres. Alternative modernities have already been elaborated and explored from a range of different perspectives including feminist and postcolonial ones: for example, in Rita Felski’s Gender of Modernity (1995) and Dipesh Chakrabarty’s Provincialising Europe (2000). In this paper I want to elaborate upon the idea of an alternative genealogy of modernity from my perspective as a dancer. Thinking through the sociality of art and, more specifically, of some historical dance-making practices can make visible alternative spaces and processes of the (potentially) political. In the West, the modes of art-making form part of an as yet not fully explored arena of the social and of social practices. Modernist and Romantic ideologies have tended to preclude attention to the specific sociabilities of art-making. On the one hand Modernist ideology and art discourses have promoted the idea of an art work’s ‘autonomy’: its radical separation from the social relationships, the bodies and the conditions of its making. On the other hand Romantic ideology, still pervasive in popular conceptions of art practices, construes creation as interiority and individualistic expression. Socialist feminist and Marxist discussions of art have emphasized the social conditions of art-making but these have tended to be concerned with the social inequalities instituted within the public/private split rather than seeking to destabilize that division itself by posing questions of differences within the social. In my discussion below I draw on aspects of early modern dance practice and creation in taking up Benhabib’s concern to mobilise an alternative genealogy of modernity towards a renewal and reactivation of civic life. This project involves unsettling clear distinctions between the so-called ‘public’ and ‘private’ but, at the same time, as Benhabib cautions ‘the binarity of public and private spheres must be reconstructed and not merely rejected’. (2000:2006)

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Little has been published on the professionalisation projects in non-English speaking countries. In particular, where these countries operate under a non-capitalist environment, the role of accountants and their professionalisation process have been relatively under-explored. This paper seeks to contribute to addressing this apparent gap by choosing the public accountancy profession in China as the subject matter of the research. This paper draws on Gramsci's concept of hegemony to examine the circumstances leading to the re-emergence of the public accountancy profossion in China. In particular, the paper attempts to understand the political ana' ideological influence upon the professionalisation process of the Chinese accountants. To this aim, the paper examines the social and cultural environment of China highlighting the importance attached to propagating the political ideology by the hegemonic ruling class in the history of China. The paper concludes that while the re-emergence of the CPA profession is a by-product of the government's push for economic reconstruction, the real contextual factor that led to the revival of the public accountancy profession is the political ideologies, which were propagated by the ruling political force in an attempt to establish hegemony.

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Organised amateur sports emerged in the second half of the nineteenth century. This paper, an exercise in historical sociology, analyses how a new system of sports training was devised by the amateurs to meet their particular needs. The data comes from contemporary British training manuals and the analysis is informed by the theories of Bourdieu and Foucault. That amateurs came from the higher social classes was highly
significant: it meant that they could not adopt existing training practices because these were associated with plebeian professional athletes. For amateurs to have followed the preparation of the professionals would have placed their bodies under the control of a social inferior and promoted a somatic shape more in keeping with the lower than with
the higher social orders. Mirroring the social distance between them, amateurs came to stridently reject professional training practices. Instead, they devised new training techniques which were justified through recourse to contemporary bio-medical knowledge. It is argued that amateur training originated for social reasons, with the proponents’ class positions and social capital facilitating the evocation of scientific knowledge as a legitimating ideology.

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It is possible to argue that the first world is presently living through a period of radical global reaction against the social democratic consensus of the twentieth century. In this context, the use of Slavoj Zizek's Lacnaian theory of ideology to critique the traditions of thought which inform this reaction becomes a vital task. In this paper, I use Zizek's Lacanian theory of ideology to critically analyse de Maistre's remarkable work: particularly his 'Considerations on France'. Zizek's emphasis on the role of the Real in ideology, it is argued, allows us unique purchase on de Maistre's ideological position. It allows us to show, furthermore, how reactionary conservatism does not 'conserve' the symbolic Other of the discourse of the master, since it is animated by fear and trembling that the symbolic can no longer hold in conditions of secularisation. In this context, the proximity of de Maistre with de Sade emerges as something that goes beyond superficially similar celebrations of the role of violence in human affairs. What is minimally at stake in reactionary thought per se, this paper argues, is the attempt to reground lost authority in the unmediated Real, a procedure in which the laying down of the law verges into the need to divide and sacifice others for the Jouissance of the Other. In this way, Lacan's comment that right-wing intelectuals are knaves who, if pushed, are willing to do whatever it takes to preserve power is vindicated and also elaborated. For De Maistre, the paper shows, was nothing if not a
collosally royal knave