68 resultados para Legal discourse analysis


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This paper reports a case study of a workplace health programme in an international information technology company. Discourse analysis was used to identify how specific forms of knowledge create understandings of health and influence power relations between employee and organization. These forms of knowledge are shown to make employee health both visible and invisible in particular ways. Workplace health discourse encourages the employee to take responsibility for self-assessment and behaviour adjustment to become healthier employees. This is shown to be an ethical project which results in the alignment of personal and corporate goals.

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In adopting the medical lobby’s preferred definition of collaboration where midwives are legally compelled to seek endorsement for their care plan from an obstetrician, Determination 2010 connotes a form of militarized collaboration and thus negates all that genuine collaboration stands for–—equality, mutual trust and reciprocal respect. Using Critical Discourse Analysis, the first half of this paper analyses the submissions from medical, midwifery and consumer peak organisations to the Maternity Services Review and Senate reviews held between 2008 and 2010 showing that Determination 2010 privileges the medical lobby worldview in adopting a vertical definition of collaboration. The second half of the paper responds to the principal assumption of Determination 2010–—that midwives do not voluntarily collaborate. It argues by reference to a qualitative inquiry conducted into select caseload maternity units in South Australia, Victoria and New South Wales during 2009—2010 that this presupposition is erroneous. The evidence shows that genuine collaboration is possible without legislative force but it requires a coalition of the willing among senior midwives and obstetricians to institute regular interdisciplinary meetings and clinical reviews and to model respectful behaviour to new entrants.

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The interest of this paper concerns the problem about the migrant house – why has it been so difficult to define? In order to examine the problem of the lack of literature on the migrant house it is important to look at the literature on the Australian house, and to examine how the migrant house is positioned or not included in this literature. It will approach this through what is accepted as discourse analysis, but with a particular position informed by the work of Stuart Hall on representation.

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Michael White, the Australian narrative practitioner, died in April this year. Given White trained in social work and has had a large impact on many social workers, it is timely to investigate the opaque relationships linking White and his work with his discipline-of-origin. The present examination proceeds in three steps. First, a schematic outline of White’s intellectual influences and achievements is set out; second, the alignments, as well as tensions, between White’s work and his discipline-of-origin are considered; and, third, it is argued that White was informed by, and went on to produce a body of work that further informed, the contesting spirit that is the wellspring of the discipline of social work. This conclusion is reached mindful of the fact that White remained antagonistic to the role played by the professions in general and that he did not identify with the title ‘social worker’ in particular.

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The establishment of communities of practice (CoPs) has emerged nationally as a strategy to promote ‘excellence’ in teaching and learning in Australian universities. CoPs in Australian universities have been reported as fostering the development of identity in practice and collegial academic identity. In these accounts identity development is associated with storytelling around everyday practice, although the relationship between narrative and identity development has not been explored or described in detail. Similarly, although the complex and changeable university contexts in which these CoPs operate is noted and described in the literature, there is currently no detailed account published of the relationship between the broader discourses that shape these contexts and the process of identity development in university CoPs. We argue in this paper that there is a need for a new way of researching identity formation in university CoPs. Drawing on Trinh Minh Ha’s work (1992), we propose that fragmentation be used as a working metaphor for thinking about and researching identity development in university CoPs, with direct reference to the contexts in which they operate. 
The proposed new approach takes into account the complexities and variety of discourses that influence identity formation in CoPs and the changeable and sometimes contradictory Enterprise University contexts in which Australian CoPs operate. In this paper fragmentation is described and applied to the process of researching identity formation in university CoPs. This paper also describes how fragmentation guides the combined narrative research and discourse analysis methods used in the proposed approach. This paper argues that fragmentation provides the means for developing practical (or experiential) insights as well as conceptually structuring a useful method for investigating discursive factors, to open up a variety of potential new understandings about identity formation in university CoPs.

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This discourse analytic study sits at the intersection of everyday communications with young people in mental health settings and the enduring sociological critique of diagnoses in psychiatry. The diagnosis of borderline personality disorder (BPD) is both contested and stigmatized, in mental health and general health settings. Its legitimacy is further contested within the specialist adolescent mental health setting. In this setting, clinicians face a quandary regarding the application of adult diagnostic criteria to an adolescent population, aged less than 18 years. This article presents an analysis of interviews undertaken with Child and Adolescent Mental Health Services (CAMHS) clinicians in two publicly funded Australian services, about their use of the BPD diagnosis. In contrast with notions of primacy of diagnosis or of transparency in communications, doctors, nurses and allied health clinicians resisted and subverted a diagnosis of BPD in their work with adolescents. We delineate specific social and discursive strategies that clinicians displayed and reflected on, including: team rules which discouraged diagnostic disclosure; the lexical strategy of hedging when using the diagnosis; the prohibition and utility of informal ‘borderline talk’ among clinicians; and reframing the diagnosis with young people. For clinicians, these strategies legitimated their scepticism and enabled them to work with diagnostic uncertainty, in a population identified as vulnerable. For adolescent identities, these strategies served to forestall a BPD trajectory, allowing room for troubled adolescents to move and grow. These findings illuminate how the contest surrounding this diagnosis in principle is expressed in everyday clinical practice.

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Miscommunication has always intrigued researchers in and outside linguistics. This book takes a different perspective from what has been proposed so far and postulates a case for intercultural miscommunication as a linguistically-based phenomenon in various intercultural milieus. The contributions address cases of intercultural miscommunication in potentially confrontational contexts, like professional communities of practice, intercultural differences in various English-speaking countries, political discourse, classroom discourse, or the discourse of the past. The frameworks employed include cultural scripts, critical discourse analysis, lexicographic analysis, glosses of untranslatable terms, and diachronic pragmatics. The book shows the omnipresence of miscommunication, ranging from everyday exchanges through classroom discourse, professional encounters, to literary contexts and political debates, past and present.

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Integrated coastal zone management (ICZM) is a complex undertaking that draws on a range of biophysical and social science disciplines, and involves a wide range of stakeholders operating through multiple processes, and crossing various levels  Conceptually, this means that ICZM represents a significant challenge in terms of improving the way in which different disciplinary ‘knowledges’ and different forms of knowledge (scientific, managerial, lay, and indigenous) inform decision making. Depending upon the circumstances, ICZM may be constrained by different knowledge deficits, including: uncertainty; science - policy gaps; and the ‘filtering’ of particular forms of knowledge relative to others. As a means for making sense of these knowledge dynamics, this paper considers the concept of knowledge systems and its potential for improving understanding of coastal management processes. The potential insights that can be gained from four analytical approaches (stakeholder, institutional, network, and discourse analysis) are then discussed, and used to develop an analytical framework for investigating coastal knowledge dynamics, which is based upon a generic coastal knowledge system and associated research questions. Finally, the utility of this framework is illustrated using a case study that examines the knowledge dynamics associated with debates about the establishment of marine protected areas in Victoria, Australia.

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Verbal-textual hostility (VTH) plays a significant role in victims’ subjective perceptions of hatred and police officers’ assessment of a prejudice-related violence. Yet, to date, the role of VTH in ‘hate’ crime has been under-researched. The aim of this research has been to assess and evaluate the forensic possibilities contained in a closer reading of the words used in these crimes. Through a content analysis of incident characteristics and officers’ narratives of incidents, this report maps out how key speech-text indicators may assist to better evaluate the force and effects of prejudice-related violence. It is expected that this type of contextual analysis will lead to the development of more sophisticated risk assessment tools for use in frontline policing, and more targeted service enhancements for victims.

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A survey of 30 early settlement squatters in Victoria, using their letters, diaries and memoirs to compile a regional history of colonial readers. The resulting reader-responses support the emerging interpretations of Affective Reading, rather than more conventional strategies of literary criticism (New Historicism and Discourse Analysis).

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In this paper, we challenge the current focus on ‘best practice’, graduate teacher tests, and student test scores as the panacea for ensuring teaching quality and argue for ways of thinking about evidence of quality beginning teaching outside and beyond the current neoliberal accountability discourses circulating in Australia and other countries. We suggest that teacher educators need to reinsert themselves as key players in the debates around quality beginning teaching, rather than being viewed as a source of the problem. To enable teacher educators to assume accountability for quality beginning teachers, we propose the framework of a capstone teacher performance assessment—a structured portfolio called the Authentic Teacher Assessment (ATA)— and examine examples of these assessments through the lens of critical discourse analysis. As a measure of ‘readiness to teach’, the ATA is compared with supervising teachers’ assessments of preservice teachers. We argue that structured portfolios that include artefacts derived from preservice teachers’ practice in classrooms along with graduate teacher self assessments provide a stronger accountability measure of effec- tive beginning teaching and demonstrably address the current anxiety regarding ‘evi- dence’. We suggest that such an approach should be reliable enough to be ‘read’ by external assessors (and moderated across other teacher education institutions). Rigor- ous research on a national basis is called for in order to develop and implement a structured portfolio as rich evidence of graduates’ quality and readiness to teach.

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The shift from an international to a global world order has substantially transformed how health is produced at the global level and, consequently, how health can be regulated at the global level. This entails that analysts concerned with global health need new sets of theoretical tools to analyse global health governance. This chapter presents three different case studies (Framework Convention on Tobacco Control, trade agreement on intellectual property rights in relation to access to medicines and national policies on global health) analyzing major governance issues through different theoretical perspectives (implementation theories, a critical discourse analysis, theories on the formulation and circulation of policy ideas). This chapter ends with a tentative way to make sense of global health governance research that accommodates different research questions and theoretical perspectives.

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Drawing from recent research literature, this article analyses the paradigmatic and pedagogical shifts occurring in early childhood education due to the emergence of new digital technologies. Over the past decade the role that computers and other digital technologies have played in supporting young children’s learning have been well documented. However, new pedagogical possibilities to support children’s play, learning and inquiries are arising due to tablet technologies (For example, Apple iPads, Kindle or Google Chrome OS). This article has reviewed and analysed recently published research findings in the Australian early childhood context (preschool through to the first year of primary school) considering how tablet technologies are used and understood in this environment. A critical discourse analysis has identified pedagogical possibilities and limitations experienced by teachers, children and their families, when tablet technologies are used as a resource to support children’s play and learning.