41 resultados para Critical Legal Theories

em Deakin Research Online - Australia


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Ontology-driven systems with reasoning capabilities in the legal field are now better understood. Legal concepts are not discrete, but make up a dynamic continuum between common sense terms, specific technical use, and professional knowledge, in an evolving institutional reality. Thus, the tension between a plural understanding of regulations and a more general understanding of law is bringing into view a new landscape in which general legal frameworks – grounded in well-known legal theories stemming from 20th-century c. legal positivism or sociological jurisprudence – are made compatible with specific forms of rights management on the Web. In this sense, Semantic Web tools are not only being designed for information retrieval, classification, clustering, and knowledge management. They can also be understood as regulatory tools, i.e. as components of the contemporary legal architecture, to be used by multiple stakeholders – front-line practitioners, policymakers, legal drafters, companies, market agents, and citizens. That is the issue broadly addressed in this Special Issue on the Semantic Web for the Legal Domain, overviewing the work carried out over the last fifteen years, and seeking to foster new research in this field, beyond the state of the art.

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Beyond the limited efficiency and economy goals of neoliberal health policy lies the promise of genuine health services reform. In maternity care in particular, recent policy developments have sought to make the management of birth more ‘women-centred and family-friendly’. Interprofessional collaboration and greater consumer participation in policy and decision-making are key means to achieve this goal, but changing the entrenched system of medicalised birth remains difficult. Recent social contestation of maternity care has destabilised but not eradicated pervasive medical hegemony. Further reform requires analysis both of institutionalised patterns of power, and attention to the fluidity and situated knowledge shaping organisational and professional practices. Accordingly, this paper outlines a framework with which to explore the multi-layered social processes involved in implementing organisational and cultural change in maternity care. Analysis of social interventions in health systems, we suggest, can be advanced by drawing on strands from critical organization studies, complexity and critical discourse theories and social practice approaches.

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The contextual precept of this paper is to re-theorise inclusive education beyond technical rational solutions to the ‘problem’ of disability. Drawing on Foucauldian and critical disability theories, I make the case for the analysis of inclusive schooling through the lens of students’ ‘included’ subjectivities – notwithstanding the presence of diagnosed special educational needs. I contend that there is a theoretical mismatch between humanist inclusive schooling and the posthumanist position of disability: an epistemic fissure that impedes inclusive development. Through analysis of the voices of students with disabilities from two different schooling contexts in Australia and Spain, I demonstrate how fragmented virtues of normalcy suffused their subjectivities. I conclude the paper with a discussion of the roles that DisHuman disability studies might play in recasting inclusive schooling by troubling normative discourse.

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Drawing on contemporary critical social theories and diverse methodologies, A Critical Youth Studies for the 21st Century explores the educational, employment, cultural and embodied issues that confront young people, and those who work with ...

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A comprehensive introduction to the most widely used approach to social work theory and practice. It offers a systematic overview of core theories and practice issues in challenging domination and oppression.

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It is surprising to discover during early doctoral research that there is a paucity of Australian scholarship using Bourdieu’s theoretical tools in the field of law, and in the sub-field of post-graduate pre-admission practical legal training. This article introduces Bourdieu’s conceptions of habitus, field, categories of capital, symbolic violence, and misrecognition. It describes how Bourdieu applied these tools to identify structural hostility between legal academics and practitioners, and the struggles for control in the field of law. Review of three North American studies that used Bourdieu’s theories follows, involving law students’ habitus in transition, class stratification in legal education, and gender stratification in law firm partnerships. Drawing on three internally connected ‘moments’ necessary to use Bourdieu’s tools, together with four critical questions concerning teachers’ engagement with the scholarship of teaching, this article identifies new questions for investigation. These questions will frame further research to discover whether the objective structures of the practical legal training field and the habitus of legal practitioners constrains them to act as ‘fish out of water’ in the context of a scholarship of teaching.

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Addressing the current and growing interest in the personal, the self, and the autobiographical not only in the teaching of writing, but also across many disciplinary and subject fields, Relocating the Personal describes a rich array of practical approaches to teaching the personal in settings where it has been excluded." "The author argues for the teaching of writing as a political project in schools and communities, and for a notion of the personal which is not simply equated with voice. The construct of narrative is preferred, because it allows teachers to examine all personal writing as a representation and not the same thing as the writer's life. Strategies are developed for examining how experience is portrayed and how it might be written differently, with material effects on both the personal text and the writer's person.

The book incorporates the latest theories of critical and genre literacy as it develops four teaching cases in different education contexts (secondary, undergraduate, graduate, and adult/community).

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The emancipatory goal that underpins critical theories of teaching and learning is built on a theory of rational self-determination. In the context of physical education, critical educators believe that through a process of enlightenment teachers can recognize and transform elements of injustice and inequality that exist, albeit unwittingly, in their practice. However, despite the broad appeal of this orientation there are relatively few empirical accounts of how theories of enlightenment manifest themselves in the practice of emancipation. Propelled by the lacuna that clearly exists between critical theory and critical practice, this paper reports on the introduction of critical social discourses to a preservice PE program. It uses a case study methodology to report on two student-teachers' engagement with a range of critical social discourses during a year-long PE unit. The paper discusses some of the ways these students engaged with the theory and practice of a critical orientation for teaching and learning in physical education. Aspects of their experiences are then interpreted through Fay's (1987) critical but postmodern "limits to change" thesis. The paper concludes with tempered optimism about the potential for critical social discourses to guide preservice teachers in practical ways.

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Harm minimization as a drug-policy approach represents a major step forward in Australian society's method of dealing with the myriad problems associated with illicit drug use. However, harm minimization lacks a substantial theoretical underpinning and there has been little debate about harm minimization at the sociological level. This article investigates a number of the assertions made within the harm minimization literature and the assumptions on which they are based. These assumptions are critically deconstructed from a number of points of view, including a Foucauldian perspective. Areas investigated include: the use of epidemiological data as a foundation for many harm-reduction strategies, the failure of harm minimization theories to deal adequately with the role of discourse in the drug policy arena, the harm minimization claim to amorality, the use of a utilitarian set of values, the supposed popularity of harm reduction and the idea that the current harm-reduction paradigm clearly acts as an extension of 'surveillance medicine' through the vehicle of governmentality. It is concluded that, whilst harm minimization represents the most promising advance in drug policy in the past, the lack of theoretical rigour in the development of these initiatives results in many of the claims made by proponents of harm-reduction strategies being either overly optimistic or fundamentally flawed.

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Current legislation does not permit the administration of first line resuscitation medications by suitably qualified Division 1 registered nurses (RNs) in the absence of a medical officer. This omission by the Drugs,  Poisons and Controlled Substances Act 1981 (Vic) and the Drugs, Poisons and The Controlled Substances Regulations 1995 (Vic) leaves many critical care nurses in a vulnerable legal position.

The primary aim of this study was to gauge the view of critical care nurses with respect to lobbying for change to the current legislation. In addition, the study aimed to explore and describe the educational preparation, practice perceptions and experiences of RNs working in critical care regarding cardiopulmonary resuscitation and the administration of first line advanced life support (ALS) medications in the absence of a medical officer. It was anticipated that data collected would demonstrate some of the dilemmas associated with the initiation and administration of ALS medications for practising critical care nurses and could be used to inform controlling bodies in order for them to gain an appreciation of the issues facing critical care nurses during resuscitation.

A mailout survey was sent to all members of the Victorian Branch of the Australian College of Critical Care Nurses (ACCCN). The results showed that the majority of nurses underwent an annual ALS assessment and had current ALS accreditation. Nurses indicated that they felt educationally prepared and were confident to manage cardiopulmonary resuscitation without a medical officer; indeed, the majority had done so. The differences in practice issues for metropolitan, regional and rural nurses were highlighted. There is therefore clear evidence to suggest that legislative amendments are appropriate and necessary, given the time critical nature of cardiopulmonary arrest. There was overwhelming support for ACCCN Vic. Ltd to lobby the Victorian government for changes to the law.

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Progressive social work perspectives that draw on both critical theories and postmodern thought, provide highly relevant and appropriate frameworks to inform social work practice in the mental health field. Despite this, the literature overviewed indicates that the majority of social work practice conducted in mental health settings reflects an uncritical embrace of the medical model of psychiatric illness, and therefore largely neglects social work approaches which utilize critical principles. The following article explores the possibilities for applying a critical model of social work practice to the mental health field, and argues the necessity for social workers to actively engage with critical practice, even in medically dominated settings, to effectively work towards the espoused social justice ethics and mission of the social work profession.