321 resultados para conviction


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This article is a case study of how English teachers in England have coped with the paradigm shift from print to digital literacy. It reviews a large scale national initiative that was intended to upskill all teachers, considers its weak impact and explores the author’s involvement in the evaluation of the project’s direct value to English teachers. It explores how this latter evaluation revealed how best practice in English using ICT was developing in a variable manner. It then reports on a recent small scale research project that investigated how very good teachers have adapted ICT successfully into their teaching. It focuses on how the English teachers studied in the project are developing a powerful new pedagogy situated in the life worlds of their students and suggests that this model may be of benefit to many teachers. The issues this article reports on have resonance in all English speaking countries. This article is also a personal story of the author’s close involvement with ICT and English over 20 years, and provides evidence for his conviction that digital technologies will eventually transform English teaching.

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The play Epic Sea Battle at Night was originally staged in 1967, to commemorate two of China’s People’s Liberation Army’s military triumphs over the Taiwanese navy two years previously. Produced at the height of the Chinese Cultural Revolution, the play is an example of the exploitation of the arts as an ideological instrument, celebrating military heroism and political conviction. Stills from the play were included in, China Pictorial 11, an English language propaganda pamphlet that was distributed to Western Imperialists in order to educate them in Maoist policy. Today, these images are clear representations of ideology. More than forty years after the Cultural Revolution, the ideology under which we live, neo-liberal late-capitalism, deliberately shirks from such blatant displays of propaganda. We have supposedly the freedom to believe whatever we like in a post-ideological age, and yet core beliefs about meritocracy, individualism and competitiveness frequently go unchallenged. By juxtaposing the visual language of ideology with the text of the capitalist manifesto, the re-enactment of a scene from Epic Sea Battle at Night harnesses the aesthetics of the past so as to allow us to reconsider the alleged neutrality of the present. The design of the stage, the positioning of the actors, costumes and props of the current production closely resembled those documented in China Pictorial 11, yet the actors’ monologues belong to a completely different context. No less heroic and utopian in tone than the speech given by the political instructor of gunboat 874 in the original play, the capitalist manifesto was an attempt to give a concrete language to the shapeless ideology of the present, and to force the invisible currents that govern life today, in China as in the West, to the surface. Neither a lecture on neo-liberal economics, nor a theatrical performance of a narrative, the piece appropriated the format of the propaganda play to re-evaluate the relationship between art and politics now.

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It seems to be widely accepted that the presumption of innocence, and the attendant standard of 'beyond reasonable doubt' properly apply in the courtroom as a procedural principle directly grounded in the moral imperative to avoid punishing those who should not be punished. In this article I argue that if this is correct, then we ought be as careful about what we criminalise, as we are about who we punish, since people can be wrongfully punished by criminalisation errors as well as by conviction errors.

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The judiciousness of American felon suffrage policies has long been the subject of scholarly debate, not least due to the large number of affected Americans: an estimated 5.3 million citizens are ineligible to vote as a result of a criminal conviction. This article offers comparative law and international human rights perspectives and aims to make two main contributions to the American and global discourse. After an introduction in Part I, Part II offers comparative law perspectives on challenges to disenfranchisement legislation, juxtaposing U.S. case law against recent judgments rendered by courts in Canada, South Africa, Australia, and by the European Court of Human Rights. The article submits that owing to its unique constitutional stipulations, as well as to a general reluctance to engage foreign legal sources, U.S. jurisprudence lags behind an emerging global jurisprudential trend that increasingly views convicts’ disenfranchisement as a suspect practice and subjects it to judicial review. This transnational judicial discourse follows a democratic paradigm and adopts a “residual liberty” approach to criminal justice that considers convicts to be rights-holders. The discourse rejects regulatory justifications for convicts’ disenfranchisement, and instead sees disenfranchisement as a penal measure. In order to determine its suitability as a punishment, the adverse effects of disenfranchisement are weighed against its purported social benefits, using balancing or proportionality review. Part III analyzes the international human rights treaty regime. It assesses, in particular, Article 25 of the International Covenant on Civil and Political Rights (“ICCPR”), which proclaims that “every citizen” has a right to vote without “unreasonable restrictions.” The analysis concludes that the phrase “unreasonable restrictions” is generally interpreted in a manner which tolerates certain forms of disenfranchisement, whereas other forms (such as life disenfranchisement) may be incompatible with treaty obligations. This article submits that disenfranchisement is a normatively flawed punishment. It fails to treat convicts as politically-equal community members, degrades them, and causes them grave harms both as individuals and as members of social groups. These adverse effects outweigh the purported social benefits of disenfranchisement. Furthermore, as a core component of the right to vote, voter eligibility should cease to be subjected to balancing or proportionality review. The presumed facilitative nature of the right to vote makes suffrage less susceptible to deference-based objections regarding the judicial review of legislation, as well as to cultural relativity objections to further the international standardization of human rights obligations. In view of this, this article proposes the adoption of a new optional protocol to the ICCPR proscribing convicts’ disenfranchisement. The article draws analogies between the proposed protocol and the ICCPR’s “Optional Protocol Aiming at the Abolition of the Death Penalty.” If adopted, the proposed protocol would strengthen the current trajectory towards expanding convicts’ suffrage that emanates from the invigorated transnational judicial discourse.

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How does a society less than two decades after a liberation war which involved large sections of the population come to terms with the memories of violence and war — a war in which there was no clear distinction between insurgent and counter‐insurgent, liberator and oppressor and in which the majority of the casualties can be found among the rural civilian population? This was a predicament not exclusive to Zimbabwe, but one which also applies to Mozambique, South Africa and, more recently, to Rwanda. Since its independence Zimbabwe has been a prime example of successful reconciliation. Ranger has argued that spiritual healing has contributed importantly to coming to terms with the trauma of war through turning violence into history. Here it will be argued that an analysis of the intersections between memories of violence, healing, and history reveals a twofold process. Social healing is made possible by a shift from conviction and compensation to revealing without convicting. At the same time healing provides an arena for communities in which competing and contesting memories of violence are renegotiated. Through these processes sense is being made of the past; history is being made.

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In this essay I focus on Christian Zionism, its roots and growth, to judge wether or not it is possible to look at Christian Zionism as a modern form of myth. To do that I have used Bruce Lincoln's definition: ideology in narrative form. I also ask the question whether this kind of religious conviction can be labeled as an extreme or become a danger to society. The conclusion I reach is that Christian Zionism and its broader context, dispensationalism, very well fits the definitions of modern myth that Lincoln offers. There is certainly a hierarcic ideology within Christian Zionism, and its narrative/myth have been ”negotiated between narrators and audiences over time”. The essay also shows that there is a risk concerning this particular form of religious conviction, it could become an extreme. Especially so when this alternative form of viewing reality and the future, is represented not only among ordinary citizens in the US, but also within the US Government and among military leaders.

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Experience with community-based biodiversity conservation programs in the 1980s and 1990s contributed to the conviction among donor agencies and researchers that such programs must be based on the active support of local resource users, appropriate incentives, and institutional support. Yet the continuing struggles of practitioners to implement conservation interventions that are socially and ecologically sustainable point to difficulty in realizing these principles on the ground. Actor-oriented research in rural development and actor network theory emphasize that the capacity of facilitators to engage effectively in negotiation processes and establish strong networks with key actors is critical in mediating intervention outcomes. Drawing on the case of the India Ecodevelopment Project at Rajiv Gandhi (Nagarahole) National Park in Karnataka, India, this paper explores the role of relationships and networks between actors in a conservation and development intervention, finding that practitioners need to focus on negotiation and network building as a central rather than subsidiary part of the intervention process. Associated with this is the need for change in the way donor and implementing agencies conduct themselves, to promote communication and greater flexibility in intervention processes.

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A survey published in the Medical Journal of Australia in 1997 showed that the incidence of non-voluntary euthanasia in Australia was higher than in the Netherlands. Euthanasia is illegal in Australia, while it is openly practiced in the Netherlands. It has been suggested that the results of the survey undermine the slippery slope argument against legalising euthanasia. This is wrong. Although at the time of the survey, euthanasia was formally prohibited by the law in Australia, the medical and legal culture was such that doctors could practice euthanasia with impunity — in certain circumstances euthanasia by doctors was effectively condoned. This is in fact supported by the findings of the survey. The survey suggests that there were approximately 6,700 cases of euthanasia in Australia in the year from July 1994 to June 1995 — not one of which was prosecuted, let alone resulted in a conviction. Ultimately the survey merely shows that in a climate where voluntary euthanasia is tolerated, wide scale abuses (in the form of nonvoluntary euthanasia) occur. Paradoxically the results of the survey give further support to the slippery slope argument.

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'People with gender identity disorder live with a conviction that their physical anatomy is incompatible with their true gender role. They have an overwhelming desire to live and function in the opposite biological sex' . The manifestation of the disorder in children and adolescents is dominated by secrecy, confusion and shame. The purpose of this article is to promote discussion amongst the legal fraternity of the difficult issues confronting the Family Court of Australia when asked to make decisions with life-altering ramifications for the young and vulnerable.

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What does it comfort any of us to insist that an individual shall be a man, when for the purposes of ordinary life that individual can only be, and be recognised, as a woman? What pride can there be for a law which vetoes the attitudes dictated by ordinary humanity?[1]

Those suffering from gender dysphoria have been described in the following simple language:

People with gender dysphoria or gender identity disorder live with a conviction that their physical anatomy is incompatible with their true gender role. They have an overwhelming desire to live and function in the opposite biological sex.

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This investigation shall focus upon the issue of legalized abortion. I believe the complex controversy surrounding the issue of abortion, demonstrates more clearly than any other single contemporary issue the social, political, moral and religious forces working for change in a post-Reagan America. I shall examine in depth the theology, writings, strategies and activities of those Americans who seek to express themselves and their beliefs in religious, or religiously supported interest groups. The current debate surrounding abortion legislation lends itself to several forms of analysis: religious, political, sociological, etc. I will write from the perspective of a student of religion. I shall focus more upon the religious, moral and theological conviction-s of the abortion activists than upon their constitutional right to free speech or assembly. I shall give more attention to denominational structures and church/state relations than to the structuring of representative districts and democratic theory.

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Risky driving is an important cause of motor vehicle injury, but there is a lack of good epidemiological data in this field, particularly data comparing risky driving in younger drivers to those of other age groups. We examined the relationship between risky driving habits, prior traffic convictions and motor vehicle injury using cross-sectional data amongst 21,893 individuals in New Zealand, including 8029 who were aged 16–24 years. Those who reported frequently racing a motor vehicle for excitement or driving at 20 km/h or more over the speed limit, and those who had received traffic convictions over the past 12 months, were between two and four times more likely to have been injured while driving over the same time period. Driving unlicensed was a risk factor for older but not younger drivers, and driving at 20 km/h or more above the speed limits was a stronger risk factor for younger (<25 years) than older drivers. These results confirm the need for interventions targeting risky driving and suggest that different strategies may be required for different high-risk groups.

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Purpose – The purpose of this paper is to examine the implementation, communication and benefits of codes of ethics in the public sector of Sweden.

Design/methodology/approach –
The research is based on a longitudinal approach. It examines the ethos of codes of ethics in the largest public sector organizations of Sweden in 2001-2002 and 2005-2006.

Findings –
Only a few of the largest public sector organizations in Sweden have indicated that they possess codes of ethics. This finding may be explained by the current judicial legislation that governs Swedish society. The public codes of ethics have been established both recently and, in part, years ago.

Research limitations/implications –
A suggestion for further research would be to examine the implementation, communication and perceived benefits of public sector codes of ethics in other countries. Another area of further research would be to replicate the reported surveys in the future to examine the existence of potential trends.

Practical implications –
When it comes to the perceived benefits of public sector codes of ethics there appears to be only minor acknowledgement of the code being used to resolve ethical problems in society. However, there is a strong conviction that the code of ethics positively influences the operations of public sector organizations.

Originality/value –
The paper examines the ethical implementation, communication and benefits put in place by private companies to embed codes of ethics into their organizations.

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It is widely known that the so-called Cooks' Cottage in Fitzroy Gardens, relocated from Yorkshire to Melbourne in 1934, was never inhabited by Captain James Cook. Yet a subliminal nationalism, sustained by the ancient traditions of contagious magic, feeds the conviction that the dwelling must be directly connected to Australia's foundation hero — a relic that the great man touched — or else it is meaningless. This paper tracks a sequence of managerial–interpretive strategies derived from a chronology of knowledge systems to make meanings at the cottage. It introduces evidence of the original shape of the building in its Great Ayton location, and observes the consequences on management and interpretation of an older demolition and consequent rebuilding of only half the cottage in Melbourne. Much turns on changing ideas about authenticity, as management strategies fail to engage the popular taste for a hero via the magic of faith. The result is a set of opposing principles in presenting the cottage: the role of the historical record as it has enlarged, and the desires of visitors who expect a simple connection between myth and materiality.

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Mary Bosanquet Fletcher (1739-1815) was a leading early English Methodist, active throughout her adult life as a preacher, author, spiritual director and head of a large household. She was also part of a largely unexamined network of intense and intimate friendships between Methodist women across England. This article analyses the ways in which Fletcher represented friendship in her autobiography, a text that was widely published and read throughout the nineteenth century. Fletcher's autobiography shows how religious conviction could shape a distinctive construction of female friendship, at a time when such friendships had growing social and cultural significance.