14 resultados para Unity of repressive proceedings
em Aston University Research Archive
Resumo:
The article presents a rationale for communicative, conceptual, cognitive and procedural challenges experienced by litigants in person in financial remedy proceedings. The article also explores oscillation between written and spoken legal genres and narrative development strategies which litigants in person have to use throughout different stages (from the early stages of starting proceedings, filling in court forms and providing documentation, through the negotiation process to interaction in court). While legal professionals express themselves in paradigmatic legal mode influenced by legal acts and legislation, litigants in person tend to express themselves in narrative mode similar to everyday storytelling. The objective is to investigate obstacles litigants in person experience during the process originally designed by legal professionals for legal professionals. The article evaluates different options for empowering lay people involved in legal proceedings and argues for the need to provide more specific support for different stages of family proceedings.
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This article analyses the relationship between Orthodoxy and state from the unification of the Principalities of Moldavia and Wallachia in 1859 to the creation of Greater Romania in 1918. Examining the attitudes of political leaders towards the dominant religion, this article argues that during the reigns of Prince Cuza and King Carol I the Church became a state institution closely connected to the development of political regimes. It is suggested that by claiming doctrinal religious connections with Constantinople and independence from foreign intervention in the Church’s affairs, religious and political leaders from 1859 to 1918 amplified the construction of Romanian national mythology which contributed towards the political unity of the state.
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The ways in which an interpreter affects the processes and, possibly, the outcomes of legal proceedings has formed the focus of much recent research, most of it centred upon courtroom discourse. However comparatively little research has been carried out into the effect of interpreting on the interview with a suspect, despite its 'upstream' position in the legal process and vital importance as evidence. As a speech event in the judicial system, the interview differs radically from that which takes place 'downstream', that is, in court. The interview with suspect represents an entirely different construct, in which a range of registers is apparent, and participants use distinctive means to achieve their institutional goals. When a transcript of an interpreter-mediated interview is read out in court, it is assumed that this is a representation of an event, which is essentially identical to a monolingual interview. This thesis challenges that assumption. Using conservation analytic techniques, it examines data from a corpus of monolingual and interpreter-mediated, taped interviews with suspects, in order to identify potentially significant interactional differences and describe ways in which the interpreter affects the processes and may affect the outcomes of the interview. It is argued that although individually, the interactional differences may appear slight, their cumulative effect is significant, particularly since the primary participants in the event are unaware of the full force of the interpreting effect. Finally, the thesis suggests that the insights provided by linguistic analysis of the interpreting on interviews may provide the basis for training, both for interpreters themselves, and for officers in techniques for interpreter-mediated interviews.
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Drawing on a year-long ethnographic study of reinsurance trading in Lloyd’s of London, this paper makes three contributions to current discussions of institutional complexity. First, we shift focus from purposeful organizational responses to institutional complexity to the everyday practices by which individuals collectively address competing demands on their work. Based on our findings, we develop a model of how individuals can balance conflicting institutional demands through a set of four interrelated practices, labeled segmenting, switching, bridging, and demarcating. Second, moving beyond the dominant focus on contradiction between logics, we show how these practices comprise a system of conflicting-yet-complementary logics, through which actors are able to both work within contradictions, whilst also exploiting the benefits of interdependent logics. Third, in contrast to most studies of newly formed hybrids and/or novel complexity, our focus on a long-standing context of institutional complexity, shows how balancing logics can become a matter of settled complexity, enacted routinely within everyday practice.
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The importance of informal institutions and in particular culture for entrepreneurship is a subject of ongoing interest. Past research has mostly concentrated on cross-national comparisons, cultural values, and the direct effects of culture on entrepreneurial behavior, but in the main found inconsistent results. The present research adds a fresh perspective to this research stream by turning attention to community-level culture and cultural norms. We hypothesize indirect effects of cultural norms on venture emergence. Specifically that community-level cultural norms (performance-based culture and socially-supportive institutional norms) impact important supply-side variables (entrepreneurial self-efficacy and entrepreneurial motivation) which in turn influence nascent entrepreneurs’ success in creating operational ventures (venture emergence). We test our predictions on a unique longitudinal data set (PSED II) tracking nascent entrepreneurs venture creation efforts over a 5 year time span and find evidence supporting them. Our research contributes to a more fine-grained understanding of how culture, in particular perceptions of community cultural norms, influences venture emergence. This research highlights the embeddedness of entrepreneurial behavior and its immediate antecedent beliefs in the local, community context.
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This paper positions the concept of regional competitiveness within theories concerning regional economic growth and stages of economic development. It examines the sources of regional competitiveness encompassing an analysis based on the particular stage of economic development that the nations within which regions are situated have reached. As a means to achieve this, the paper undertakes an empirical analysis of data stemming from the World Competitiveness Index of Regions, and identifies regional competitiveness as a dual concept that explains relative differences in rates of economic development across regions, as well as an understanding of the future economic growth trajectories of regions at a similar stage of economic development. As with endogenous growth and development theory, the notion of regional competitiveness presented here places knowledge, innovation and entrepreneurship at the forefront of conceptualisations of regional economic differentiation.
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In this paper, I concentrate on court cases with litigants in person (lay people who act on their own behalf in legal proceedings without a counsel or solicitor) and discuss the challenges of building a corpus of courtroom discourse where it is crucial to distinguish between speakers due to their distinct institutional roles. The corpus incorporates seven sub-corpora of verbatim transcripts from different court cases with litigants in person and comprises over eleven-million tokens. The focus of this paper is on the interplay between the legal and lay discourse types and how judges project their institutional roles through well-initiated turns directed at litigants in person and counsels. As a versatile discourse marker, well provides a good opportunity to explore how judges have to adapt their roles to ensure lay litigants in person receive the necessary support and that their lack of competence does not impede on the fairness of the proceedings. Given the breadth and importance of the topic of litigation in person, I discuss how the tools and approaches of corpus linguistics can be helpful in this multi-disciplinary area where multiple functions and uses of individual linguistic features need to be explored in depth.
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In this article I first divide Forensic Linguistics into three sub-disciplines: the language of written legal texts, the spoken language of legal proceedings, and the linguist as expert witness and then go on to give a small number of examples of the research undertaken in these three areas. For the language of written legal texts, I present work on the (in) comprehensibility of police cautions and of judges instructions to juries. For the spoken language of legal proceedings, I report work on the problems of interpreted interaction, of vulnerable witnesses and the need for more detailed research comparing the interactive rules in adversarial and investigative systems. Finally, to illustrate the role of the linguist as expert witness I report a trademark case, five different authorship attribution cases, three very different plagiarism cases and I end reporting briefly the contribution of linguists to language assessment techniques used in the linguistic classification of asylum seekers. © Langage et société no 132 - juin 2010.
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The uses of the French imperfect have undergone a vast extension throughout the history of the French language. It has become prototypical in contexts such as description where old French used simple past. The prototypical uses have resulted in a large number of stylistic uses: hypothesis, free indirect speech, and the so-called forain, hypocoristique, ludique and narratif. The wide range of uses raises the question of the semantic unity of that form in synchrony as well as in diachrony. Here are gathered for the first time discussions of emergent uses of the imperfect, that are tackled through a variety of approaches (Damourette and Pichon’s, Wilmet’s or Guillaume’s systems, logic semantics or relevance theory). This volume will be of interest for theoreticians interested in linguistic meaning and applied linguists concerned with its organization. Le tiroir de l'imparfait a subi une extension considérable de ses usages à travers l'histoire du français. Il est devenu prototypique dans des contextes comme la description où l'ancienne langue utilisait le passé simple. Ces emplois prototypiques ont donné lieu à un large ensemble d'usages stylistiques. : hypothèse, discours indirect libre, imparfait de politesse, forain, hypocoristique, ludique et narratif. La diversité des usages pose la question de l'unité sémantique de la forme, non seulement en synchronie mais aussi dans les cadres de son évolution diachronique et de son acquisition. Ce problème est appréhendé à travers les analyses de Damourette et Pichon et de Wilmet, par le guillaumisme, la sémantique logique et la pragmatique de la pertinence. Ces cadres permettent d'identifier les paramètres en jeu dans chaque emploi, et les modes de leur application à une problématique sémantique particulièrement délicate. Le présent ouvrage saura donc intéresser autant les théoriciens du sens linguistique que les praticiens concernés par son organisation.
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Management consultants have long been recognized as carriers of management knowledge and disseminators of management fashions. While it is well understood how they promote the acceptance of their concepts, surprisingly little has been said about their strategies to promote the acceptability of their services. In this paper, we elaborate a typology of strategies by which management consultancies can create and sustain such “institutional capital” (Oliver, 1997) that helps them extract competitive resources from their institutional context. Drawing on examples from the German consulting industry, we show how localized competitive actions can enhance individual firm’s positions, but also the collective institutional capital of the consulting industry as a whole, legitimize consulting services in broader sectors of society and facilitating access to requisite resources. These accounts counter prevailing imagery of institutional entrepreneurship as individualistic, “heroic” action and demonstrate how distributed, embedded actors can collectively shape the institutional context from within to enhance their institutional capital.
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This paper provides an understanding of the current environmental decision structures within companies in the manufacturing sector. Through case study research, we explored the complexity, robustness and decision making processes companies were using in order to cope with ever increasing environmental pressures and choice of environmental technologies. Our research included organisations in UK, Thailand, and Germany. Our research strategy was case study composed of different research methods, namely: focus group, interviews and environmental report analysis. The research methods and their data collection instruments also varied according to the access we had. Our unity of analysis was decision making teams and the scope of our investigation included product development, environment & safety, manufacturing, and supply chain management. This study finds that environmental decision making have been gaining importance over the time as well as complexity when it is starting to move from manufacturing to non,manufacturing activities. Most companies do not have a formal structure to take environmental decisions; hence, they follow a similar path of other corporate decisions, being affected by organizational structures besides the technical competence of the teams. We believe our results will help improving structures in both beginners and leaders teams for environmental decision making across the different departments.
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This paper examines the determinants of a multinational enterprise’s (MNEs) decision to invest in countries classified as tax havens. To the best of our knowledge this has not been analysed at the cross-country level before. We use the ownership-location-internalisation (OLI) paradigm and link it with financial specific advantages to develop a number of hypotheses which are subsequently tested by our empirical model. Our analysis is based on a large firm-level database covering 39,543 MNEs across the world for the period 2002- 2011. We find that higher corporate taxes faced by MNEs at home increase the likelihood of locating in a tax haven. Moreover, high technology manufacturing and services MNEs that possess large levels of intangible assets are also more likely to locate subsidiaries in tax havens. Finally, we find evidence that MNEs from countries with a more coordinated market orientation are less likely to locate in tax havens.
Resumo:
On the morning of January 5, 1859, at the end of the liturgy in the Orthodox cathedral in Iaşi, the capital of the principality of Moldavia, Father Neofit Scriban addressed the congregation. He had given many sermons in the cathedral; however, on this par tic u lar date Father Neofit faced an unusual audience. Among the faithful who regularly worshipped at the relics of Saint Parascheva, the protector of Moldavia, were the members of the assembly who would decide the future of the principality. They had a specific mission: to elect a new prince, a key figure in their plan to unite Moldavia with the neighboring principality of Wallachia. Father Neofit, a supporter of the unionist cause and fully aware of the significance of the moment, stated: Brethren, Jesus Christ has said that "For where two or three have gathered together in My name, I am there in their midst." You, Brethren, are not two, or three, but a real gathering in the name of God. God is in your midst. You are here in the name of the Romanian nation [and] the Romanian nation is in your midst. On the flag under which you have assembled, the flag of the Romanian nation, great events, the Romanian faith, unity, are written in large letters. The church, which is founded on faith, blesses the flag of this faith⋯. You, Brethren, through the faith of the Romanian nation, by remaining faithful to this flag, will find the same strength as the church [finds] in its own saints. The faith of the Romanian nation was not, is not, and will not be anything else, but the unity of all Romanians in a single state, the only anchor of salvation, the only port in which the national boat could be saved from surrounding waves. You, Brethren, have gathered here in the church of Stephen the Great; looking at the altar that he raised to the God of your parents, I think that, through this [altar], you will be able to enter into the wishes of this hero of our nation. You, [remember that] by leaving this place, you are leaving [in order to fulfill] a great gesture that for many centuries has been lost for us; you are about to elect a successor to this great hero; therefore, as his true sons, you could not be anything other than the true expression of his wishes. Myself, [as] last year, from this altar, I said and I will continue to say that this great hero has told us that "the God of our parents will send us a Redeemer who will heal our wounds and accomplish our wishes." May your chosen leader today be the redeemer expected by the Romanian nation. May he heal its wounds and achieve its wishes. Therefore, Brethren, may your election today be that of a real Messiah of Romania. God and the world are looking at you, the church is blessing you and the whole Romanian nation is waiting for you!1 A few hours after Father Neofit's sermon, the assembly elected Alexandru Ioan Cuza to be the prince of the principality of Moldavia; a few days later, on January 24, 1859, the assembly of the neighboring principality of Wallachia decided that Cuza should also be their prince, thus confirming the unification of the two states. A new country was inscribed on the map of Southeastern Europe, titled "The United Principalities of Wallachia and Moldavia," also known as "The United Romanian Principalities".
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The Semantic Web has come a long way since its inception in 2001, especially in terms of technical development and research progress. However, adoption by non- technical practitioners is still an ongoing process, and in some areas this process is just now starting. Emergency response is an area where reliability and timeliness of information and technologies is of essence. Therefore it is quite natural that more widespread adoption in this area has not been seen until now, when Semantic Web technologies are mature enough to support the high requirements of the application area. Nevertheless, to leverage the full potential of Semantic Web research results for this application area, there is need for an arena where practitioners and researchers can meet and exchange ideas and results. Our intention is for this workshop, and hopefully coming workshops in the same series, to be such an arena for discussion. The Extended Semantic Web Conference (ESWC - formerly the European Semantic Web conference) is one of the major research conferences in the Semantic Web field, whereas this is a suitable location for this workshop in order to discuss the application of Semantic Web technology to our specific area of applications. Hence, we chose to arrange our first SMILE workshop at ESWC 2013. However, this workshop does not focus solely on semantic technologies for emergency response, but rather Semantic Web technologies in combination with technologies and principles for what is sometimes called the "social web". Social media has already been used successfully in many cases, as a tool for supporting emergency response. The aim of this workshop is therefore to take this to the next level and answer questions like: "how can we make sense of, and furthermore make use of, all the data that is produced by different kinds of social media platforms in an emergency situation?" For the first edition of this workshop the chairs collected the following main topics of interest: • Semantic Annotation for understanding the content and context of social media streams. • Integration of Social Media with Linked Data. • Interactive Interfaces and visual analytics methodologies for managing multiple large-scale, dynamic, evolving datasets. • Stream reasoning and event detection. • Social Data Mining. • Collaborative tools and services for Citizens, Organisations, Communities. • Privacy, ethics, trustworthiness and legal issues in the Social Semantic Web. • Use case analysis, with specific interest for use cases that involve the application of Social Media and Linked Data methodologies in real-life scenarios. All of these, applied in the context of: • Crisis and Disaster Management • Emergency Response • Security and Citizen Journalism The workshop received 6 high-quality paper submissions and based on a thorough review process, thanks to our program committee, the decision was made to accept four of these papers for the workshop (67% acceptance rate). These four papers can be found later in this proceedings volume. Three out of four of these papers particularly discuss the integration and analysis of social media data, using Semantic Web technologies, e.g. for detecting complex events in social media streams, for visualizing and analysing sentiments with respect to certain topics in social media, or for detecting small-scale incidents entirely through the use of social media information. Finally, the fourth paper presents an architecture for using Semantic Web technologies in resource management during a disaster. Additionally, the workshop featured an invited keynote speech by Dr. Tomi Kauppinen from Aalto university. Dr. Kauppinen shared experiences from his work on applying Semantic Web technologies to application fields such as geoinformatics and scientific research, i.e. so-called Linked Science, but also recent ideas and applications in the emergency response field. His input was also highly valuable for the roadmapping discussion, which was held at the end of the workshop. A separate summary of the roadmapping session can be found at the end of these proceedings. Finally, we would like to thank our invited speaker Dr. Tomi Kauppinen, all our program committee members, as well as the workshop chair of ESWC2013, Johanna Völker (University of Mannheim), for helping us to make this first SMILE workshop a highly interesting and successful event!