72 resultados para Statutory interpretation


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My study examines the subjective nature of artistic interpretation through the notion of mimesis as process or transformation of material. Influential factors that mediate in the artistic process, such as memory, reflection and an awareness of cultural analogy and metaphor, are examined and related to a specific project in the studio, where the mediation process is further influenced by the materials used to produce the images. My studies of the concept of mimesis have revealed an intermediary realm that exists in the space between empirical reality and its interpretation. Throughout history the process of mimesis has been integral to all forms of the arts. In Plato's time the production of an image that simulated things as they appeared to the eye was considered a desired ideal. Aristotle later introduced developments which extended this concept to include a refiguring or reforming of material derived from the original source, making new connections between existing factors and in this transformation bringing new meanings to a symbolically constituted world. This discussion of the representation of reality, the influence of a dialogue between notions of imitation and the recreation of material continues throughout the exegesis. My study emphasises the interpretive stage of the mimetic process where a consideration of these themes is most relevant and some of the factors that can influence its outcome. It is my opinion that the production of images in response to the particularities of place can be defined in three stages. Firstly, the experience of the place; secondly, the beginning and maturation of the idea or concept; where mimesis takes place, and thirdly, the production of the art work in response. This process is illustrated in Part 2 of the exegesis, where the development of the studio work is documented and linked with the themes discussed in Part 1. The geographic site or place I selected to study is adjacent to Mt. Noorat, a volcanic site in the Western district of Victoria; the surrounding plains are littered with scoria that has been thrown out of the volcano thousands of years ago. Early British, Scottish and Irish settlers to this region used the stone to construct fences reminiscent of their homeland, through this activity they cleared the land and confined and protected their stock. My interests are in factors that include - the material of the stone, notions of enclosure and safety, of boundaries and circumscribed space, and of the cultural reflection that has taken place in this reconstruction of Eurocentric vision. These walls also represent the means by which land was enclosed and property defined, moving from a situation of public access to notions of ownership and the annexation of land for individual gain. Around each point of eruption, the craggy volcanic scoria has been used to create a constructed landscape which both symbolises and mirrors the Anglo - Celtic origins of the people. I have used the legend of Narcissus to illustrate the self-reflective and introspective processes that the settlers invoked in their attempts to come to terms with a strange land. I consider that the story of Narcissus, who fell in love with his own reflection, finds a parellel in the creation of the walls. The re-creation of artifacts from their own cultural environment provided the settlers with a familiar 'face' in an alien world; a reassurance of the familiar in an unfamiliar terrain. Part of this study is an investigation of this notion of landscape as cultural reflection. Geographers have long known that landscape is a cultural construct, an historically evolving ideal manifested in painting, prints and drawings as well as poetry, gardens and parks. One can view these constructions as illustrations or images of meaning which constitute representations of cultural ideals. The neo-classical influence reflected in the paintings of artists who accompanied the early expeditions to Australia demonstrates these themes. The medium of the mirror provides the opportunity to suggest aspects of a cultural reflection and an awareness of identity that has relevance to contemporary Australian culture, therefore, I have allowed it to play a major role throughout this study. Its role in mimesis, firstly, as a reflection in an imitative sense is established, then in its refigurative role, in which the similarities between the original and the reformed rely more on correlative factors than representation. I have used examples from the history of art to illustrate this potential. The formation and development of a narrative involving reflection threads throughout the thesis, both in the visual presentation and in the exegesis. The production of a body of paintings, drawings and sculpture reflect my interpretation and response to the particular site. The correspondences between these works and my theoretical concerns is articulated in the exegesis. The metaphor implied by the use of the walls as agents of enclosure also refers to the capacity of the individual to be confined by notional boundaries and restrictive practices where totalising systems of thought dominate theoretical debate and restrict its freedom. I have used images where gaps in the walls represent the potential implicit to the concept of liminal space, where the spectator moves from one physical space to another and from one stage of development to another. The threshold of this opening in the walls becomes the site where transformation can take place, a metaphor for the mimetic process where the initial experience is translated and transformed into the final product. The paintings, drawings and other works in this series fulfil the role of marks on the surface of the mirror, separating the initial experience from the processes of memory, reflection and speculation. The works draw attention to the materiality that they represent and yet provide the opportunity for new insights and experiences, allowing the subjective nature of artistic activity to combine symbolic elements relating to the site, resulting in the production of meaning.

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This paper examines the different ways in which carbon rights have been verified as property interests. A carbon right is a new and unique form of land interest that confers upon the holder a right to the incorporeal benefit of carbon sequestration on a piece of forested land. Carbon sequestration refers to the absorption from the atmosphere of carbon dioxide by vegetation and soils and the storage of carbon in vegetation and soils. Innovative legislation has been introduced in each state seeking to separate the incorporeal benefit of carbon sequestration from the natural rights flowing from land ownership. The fragmentation of land ownership in this way is a constituent of broader climate change strategies and is particularly important for an Australian emissions trading scheme where carbon rights will acquire value as tradable offsets. This paper will explore the different legislative responses of each state to the proprietary characterisation of the carbon right as a land interest. It will argue that verifying the carbon right as a new statutory property interest, in line with the approach set out in the Carbon Rights Act 2003 (WA), is preferable to aligning it with preconceived categories of common law servitude. By articulating the  carbon right as a new form of statutory interest, unique in status and form, its sui generis character is more accurately reflected. Further, statutory validation of the carbon right as a new land interest is more efficient as legislative rules are more visible and therefore come to the attention of other market participants more quickly and at a lower cost without the burden and complexity associated with expressing the right through the prism of pre-conceived and non-responsive common law forms.

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The prevalence, course and predictors of chronic child maltreatment were investigated. The majority of children referred experienced chronic child maltreatment. The characteristics of families and maltreatment were more similar than different for chronic and isolated child maltreatment. The type of response provided by child protection services differentiated chronic and isolated maltreatment.

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Investigates the interpretation of spiritual content in painting. Pt. 1 defines aspects of spirituality and explores the authors concerns of despiritualization. Pt. 2 parallels concerns with the Romantic movement & explores the notion of the sublime in relation to spiritual interpretation. Pt. 3 links the documented research to the body of studio work. The printings and drawings explore the authors concerns through the visual expression of concepts which suggest nature as a spiritual source.

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Since April 2001 we have been monitoring the Subjective Wellbeing (SWB) of the Australian population using the Personal Wellbeing Index. Our aims are to establish normative values and to identify people with abnormally low SWB. Each of 18 surveys has involved a new sample of 2,000 people, randomly chosen but representing the geographical distribution of the population. The data are remarkable for their stability, with the variation in population mean scores being just 3.2 percentage points. The cause of such high reliability is Subjective Wellbeing Homeostasis. Here, in a manner analogous to the management of body temperature, the SWB for each person is normally held positive and within a narrow set-point range. However, all homeostatic systems have a limited capacity to absorb challenge and when aversive experiences are both strong and sustained, homeostasis fails. If this occurs, people lose their normal positive view of themselves and become depressed. Therefore, the second aim of these studies is to reveal the demographic character of families in distress, who are in need of additional resources. Our data reveal the extent to which family structure and responsibilities impact on wellbeing. They also yield important diagnostic information about individuals, and point to SWB as a crucial measure of intervention outcome. In sum, the Personal Wellbeing Index is a simple, reliable and valid measure of SWB. The measures it yields are theoretically embedded, they can be compared against solid normative data, and their interpretation is enhanced through an understanding of SWB homeostasis.

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The transmission of indigenous stories is a fraught enterprise. In contrast to Western practices of the free circulation of ideas, many indigenous cultures view their stories as sacred, and have strict rules about who may tell certain tales, and in what settings and with whom they may be shared. Indigenous storytellers and novelists who want to tell contemporary stories also face the minefields of a history of (mis)representation of their cultures' values and practices. Australian literary scholar Clare Bradford picks her way carefully through this minefield, identifying its perils and proposing a self-reflexive practice that enables scholars to approach these works with sensitivity; Abenaki children's author Joseph Bruchac adds his own impressions and frustrations as an author to Clare's frank assessment of the possibilities of criticism, cross-talk, and mutual understanding in the fìeld.