904 resultados para Legal discourse analysis


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• Summary: This paper explores how medical knowledge in child protection practice operates, in conjunction with social work knowledge and legal knowledge, as a social process of constructing meaning as ‘maltreatment’ (or not) in which the physical body of the child and perceived abnormalities represent ‘evidence’. Through discourse analysis of two case studies, this paper makes explicit and problematizes the social processes by which meanings are given by medical practitioners, social workers, police and parents to material experiences, the preference given to some meanings over others, and the econsequences of particular meanings for children and families and social work practice.

• Findings:
Medical, social and legal knowledge are not neutral but embedded in power relations. The case studies show, through a sociological analysis of professional practice in child protection, how preferred versions of knowledge and meaning may override or dismiss alternative meanings, with particular consequences for parents and children and for practice outcomes.

• Applications: The case studies offer opportunities by which critically to engage with child protection knowledge, policy and practice in keeping with contemporary approaches that advocate dialogue, critical reflection and reflexivity, so that professional knowledge and professional power may be deployed constructively rather than oppressively.

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This paper uses critical discourse analysis of interactions between law students and their lecturer to show how ‘Socratic’ teaching is used as a powerful technique to shape student identities. Data from a moot or simulated court in taxation law is analysed to show how students position themselves and are positioned as legal professionals. The paper argues that one student’s poor performance in the moot can be interpreted as resistance to attempts to influence her to adopt an uncongenial speaking position. This example supports the view that the difficulty law students have in learning to ‘think like a lawyer’ results not from a failure of skill but from the problems they have in assuming the speaking position of a legal professional. It is suggested that educators should consider helping students come to terms with the fragmented and contradictory subject positions associated with professionalisation.

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This paper documents the experiences of perceived discrimination by Mapuches, the largest aboriginal group in Chile, focusing on their oral discourse about the phenomenon. As part of a national research project, 100 Mapuches were interviewed about their perception of discrimination toward them. These interviews were analyzed using the four-level method developed by Merino, which is mainly based on local semantic strategies and argumentative sequences and topoi. The analysis suggests that racism is experienced in everyday interethnic interactions by means of four modes: verbal, behavioral, institutional and macro-social. Verbal racism includes name-calling (e.g. 'indio' [Indian]) and stereotyping (e.g. 'primitive'), and prejudiced remarks. Behavioral racism includes looking, ignoring, avoiding, segregating and denial of identity. In the institutional mode, denial of opportunities and discrimination in various public offices, private institutions and services are frequent, with perpetrators acting on behalf of the institution for which they work. The macro-social mode includes cultural dominance of the economic and educational systems, and an ethnocentric perspective of history. The findings suggest the presence of a racist ideology underlying Mapuche's discursive reproduction of the way Chileans talk and think about them and behave toward them.

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This study investigates the role of spoken language in tertiary teaching and learning as mediated by the telephone. There is recognition also of the mediating role of the tape-recorder and computer in this research. The discourse analysis has avoided the inherent difficulties of restructuring spoken language as written text as, by the use of CD-ROM, the spoken voice has been retained and it has been possible to connect the utterance and the reader. For a thesis that is concerned with the privileging of the written over the spoken in the academy, and the role of communication technologies, the use of CD-ROM is apposite and timely. The study has been conceptualised as the bringing together of three potentially discrete elements (audioteleconferencing, academic discourse and technological mediation) which are framed by distance education/open learning. Set within an interpretive (hermeneutic) paradigm, the research examines tape-recorded ‘teletutorial’ sessions to move towards an understanding of teacher-learner and learner-learner interaction, and to what extent the mediation of the communication technology has impacted on the pedagogy. It draws on data from two minor and two major case studies, using a range of methods. Conceptually, the discussion develops and elaborates the concept of ‘tele’ (as restricted to the telephone) as it engages with the notion of 'telepedagogy’. It articulates the areas of congruence and distinctiveness between teaching and learning by audioteleconference and teaching and learning by correspondence and face-to-face. It examines the relationship between language and technology, with specific reference to distance education/open learning. Empirically, the data support an in-depth discussion of selected excerpts to inform analysis of perceived advantages and restrictions of audioteleconferencing. The study reveals that there are demonstrable occasions when the perceptions of the participants are seen to be at variance from those of the researcher and from other data. This conclusion has relevance to theorists concerned with the validation of qualitative data and to researchers who accept student and tutor feedback as representing an accurate recollection of what eventuated.

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In this thesis I have developed a theoretical framework using Michel Foucault’s metaphor of the panopticon and applied the resulting discursive methodology to prominent risk assessment texts in Tasmanian Government child protection services. From the analysis I have developed an innovation poststructural practice of discursive empathy for use in child protection social work. Previous research has examined discourses such as madness, mothering, the family and masculinity using Foucault’s ideas and argued that each is a performance of social government. However my interest is in ‘the best interests of the child’ as governmentality; risk as the apparatus through which it is conducted and child abuse its social effect. In applying a discursive analysis, practices of risk assessment are therefore understood to actually produce intellectual and material conditions favourable to child abuse, rather than protect children from maltreatment. The theoretical framework produces in this thesis incorporates three distinct components of Foucault’s interpretive analytics of power: archaeology, genealogy and ethics. These components provide a structure for discourse analysis that is also a coherent methodical practice of Foucault’s notion of ‘parrhesia’. The practice of parrhesia involves social workers recognised that social power is subjectively dispersed yet also hierarchical. Using this notion I have analysed ‘the best interest of the child’ as a panopticon and argued that child abuse is a consequence. This thesis therefore demonstrates how child protection social workers can expose the political purpose involved in the discourse ‘the best interests of the child’, and in doing so challenge the hostile intellectual and material conditions that exist for children in our community. In concluding, I identify how discursive empathy is a readily accessible skill that social workers can use to practice parrhesia in a creative way.

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Universities face constant scrutiny about their plagiarism management strategies, policies and procedures. A resounding theme, usually media inspired, is that plagiarism is rife, unstoppable and university processes are ineffectual in its wake. This has been referred to as a 'moral panic' approach (Carroll & Sutherland-Smith, forthcoming; Clegg, 2007) and suggests plagiarism will thwart all efforts to reclaim academic integrity in higher education. However, revisiting the origins of plagiarism and exploring its legal evolution reveals that legal discourse is the foundation for many plagiarism management policies and processes around the world. Interestingly, criminal justice aims are also reflected in university plagiarism management strategies. Although universities strive for deterrence of plagiarism in a variety of ways, the media most often calls for retribution through increasingly tougher penalties. However, a primary aim of the justice system, sustainable reform, is not often reported in the media or visible in university policies or processes. Using critical discourse analysis, this paper examines the disjunction between media calls for increased retribution in the wake of moral panic and institutional responses to plagiarism. I argue that many universities have not yet moved to sustainable reform in plagiarism management.

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This paper analyses in detail the coverage of two milestones in Iraq's shift towards democracy: the drafting and approval of the constitution by Iraq s interim government (August 2005) and the ratification of this constitution via the Iraqi polls (October 2005). Aside from some rudimentary quantitative analysis, a critical discourse analysis method is utilised to compare and contrast the discursive practices used in three of Australia s leading daily newspapers (The Australian, The Sydney Morning Herald and The Age) with three Middle Eastern English-language papers (The Daily Star, Anadolu Agency and the Jordan Times). The paper finds that the Australian print media continues the neo-Orientalist tradition of media coverage of Middle Eastern democracy, while the Middle Eastern press eschews these discourses in favour of a more open, varied debate on Iraq s constitution and the future of democracy across the region.

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Neoconservatism in US foreign policy is a hotly contested subject, yet most scholars broadly agree on what it is and where it comes from. From a consensus that it first emerged around the 1960s, these scholars view neoconservatism through what we call the ‘3Ps’ approach, defining it as a particular group of people (‘neocons’), an array of foreign policy preferences and/or an ideological commitment to a set of principles. While descriptively intuitive, this approach reifies neoconservatism in terms of its specific and often static ‘symptoms’ rather than its dynamic constitutions. These reifications may reveal what is emblematic of neoconservatism in its particular historical and political context, but they fail to offer deeper insights into what is constitutive of neoconservatism. Addressing this neglected question, this article dislodges neoconservatism from itsperceived home in the ‘3Ps’ and ontologically redefines it as a discourse. Adopting aFoucauldian approach of archaeological and genealogical discourse analysis, we trace itsdiscursive formations primarily to two powerful and historically enduring discourses ofthe American self — virtue and power — and illustrate how these discourses produce aparticular type of discursive fusion that is ‘neoconservatism’. We argue that to betterappreciate its continued effect on contemporary and future US foreign policy, we needto pay close attention to those seemingly innocuous yet deeply embedded discoursesabout the US and its place in the world, as well as to the people, policies and principlesconventionally associated with neoconservatism.

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Nesta dissertação, o objetivo é identificar e analisar as representações sociais acerca das masculinidades referidas por homens executivos, gestores do mundo de negócios. Onde o foco maior é conseguir evidências para os seguintes questionamentos: o que é ser homem no mundo dos negócios? Quais as representações sociais da masculinidade? Quais as formas privilegiadas, ou hegemônicas dessa masculinidade? Este trabalho está baseado no projeto de pesquisa do Dr. Alexandre de Pádua Carrieri sobre “Masculinidades Contemporâneas: Representações da Masculinidade na Ótica de Homens e Mulheres Executivos”. Como contribuição teórica para os estudos organizacionais, esta pesquisa possibilita um olhar sobre a masculinidade contemporânea no ambiente empresarial, e não apenas a dominação do masculino sobre o feminino. Como o mundo dos negócios é um termo abrangente a pesquisa não se concentrou em setores específicos da sociedade, ou mesmo desse “mundo de negócios”, se buscou alcançar uma concepção analítica que atingisse a representação social sobre esse mundo. O objeto alvo deste estudo são os executivos, diretores, gerentes, assessores e coordenadores, pois esses sujeitos dentro da dinâmica do capitalismo contemporâneo são móveis dentro dos controles das organizações. Trata-se de uma pesquisa exploratória, onde foi realizada entrevistas a fim de se obter dados qualitativos sobre objeto de estudo e que tem como suporte metodológico a Teoria das Representações Sociais e a análise do discurso. As entrevistas foram realizadas com 10 homens de negócio, tais quais coordenadores de Instituição de Ensino Superior; coordenador de investimento e operações industriais; diretores executivos; gestor de unidades e assessor jurídico, todos da cidade do Rio de Janeiro. Dessa forma, foi possível analisar as representações sociais da masculinidade no que diz respeito ao homem de negócios. Os avanços dos estudos sobre a masculinidade tornará possível à desconstrução da masculinidade hegemônica exercida sobre todos nós, homens e mulheres. Tal análise possibilita um aumento do conhecimento sobre as organizações, assim como, ajuda entender as influências do comportamento dos funcionários na empresa. Através das entrevistas foi possível conhecer o ambiente de trabalho do executivo homem, suas responsabilidades, o contexto social em que está inserido e as representações sociais que o conduzem na sociedade. Como a sociedade brasileira, em sua maioria, diz-se capitalista e cristã a dominação e o poder exercido pelos mais fortes continuaram a existir. Porém, com a pesquisa é possível verificar quais as representações sociais da masculinidade marcantes nos homens de negócio, as quais direcionam todo o contexto organizacional, independente do sexo. Dessa forma se fez possível entender um pouco melhor esse “capitalismo selvagem” corporativo em qual a sociedade optou viver.

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Esse é um trabalho sobre estudos comportamentais que questionam a confiabilidade empírica das premissas de racionalidade das ciências sociais. Décadas de pesquisa comportamental vêm nos ensinando é que a grande maioria das tendências cognitivas identificadas e comprovadas, que se afastam dos pressupostos da Teoria da Escolha Racional não são de forma alguma aleatórias, mas ao invés, são sistemáticas e previsíveis. A ideia unificando esse trabalho é de que a literatura de pesquisa comportamental pode nos permitir modelar e prever comportamentos relevantes para o direito, com pressupostos mais realistas sobre o comportamento humano. No entanto, alguns pesquisadores pintam uma figura entusiástica sobre o potencial que tal pesquisa possui para informar a análise jurídica e, assim, cometem algumas desatenções ao defender generalizações não embasadas por evidências científicas, quase aproximando-se do uso de uma mera retórica. Dado esse cenário, devemos procurar garantir que a incorporação das evidências da pesquisa comportamental no discurso jurídico seja acompanhada de maior ênfase na pesquisa empírica em ambientes específicos. Esse trabalho possui três objetivos. O primeiro é analisar as diferentes concepções de racionalidade e caso elas devem manter sua posição privilegiada nas ciências sociais. O segundo é tentar entender melhor a literatura de pesquisa comportamental que questionam a validade empírica dos axiomas da Teoria da Escolha Racional. O terceiro é identificar problemas na forma pela qual a pesquisa comportamental tem sido incorporada no discurso jurídico.

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The theory contemporary in the field of early children education, as well the legal discourse and official texts valid in our country point to the need for systematization of proposals pedagogic / curriculum in institutions, built and carried out by subjects that act as factor of assurance care quality. Quest us about what knowledge are required to teachers in developing a proposed curriculum for children education. Defined as an object of study, the knowledge teachers necessary for the development of a proposed curriculum for children education. As goals, assume: investigate teachers knowledge necessary for the development of a proposed curriculum in a Public Institution for children education and contribute to the (new) meaning on the part of teachers, knowledge needed to build a proposed curriculum for children education. Assuming the principles of the paradigm of qualitative research, we have developed a research institution of a children education Network Public Hall of Ceará-Mirim-RN, which serves children of four and five years old (preschool) with the participation of 17 teachers and two supervisory (teachers) that institution - subject of our research. Therefore, we have adopted the principles of action research, according to which the knowledge gained through research should build so shared / dialogue in the relationship between researcher and participants, what is the implementation of an effective action formative. As the search procedures developed observations no-teaching participants in the meetings and activities of the classroom; semi-structured interviews (individual and collective) with teachers and supervisors; analysis of school documents and participant observation in the seminars of studies reflective. The latter is implemented as key moments of speech and thought, and finally to (new) meaning of knowledge, the subject of the research-action. For these knowledge, the systematization of the register built was developed based on the principles of analysis of Content that guided us to the definition of two categories 1) knowledge teachers concerning conceptions of curriculum / proposed curriculum and 2) knowledge teachers concerning specifics of children education. From these were built subs representing thematings more specific and significant, among the many that emerged in the analysis: 1.1) Definitions of curriculum and curriculum proposal; 1.2) The subjects makers / implementing a curriculum / proposed curriculum; 1.3) elements constituting a curriculum / proposed curriculum for children education and 2.1) Functions of children education and conception of child; 2.2) The space of the play in the organization of routine. Under the intervention could significant advances with regard to (new) meaning of such knowledge from the subjects, with major disruptions to their original designs. These are presented and reflected in this work. In front of this movement, transformation, made the need for a permanent work in the context of the institution of in-service training, or mediated by pedagogical coordinator or other to assume this role with teachers, in order to provide the development and effectiveness of proposed curriculum consistent and contextualized in practice effective with the children concrete envisage the service to their specificities and a quality education

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This investigation aims at describing, analyzing and interpreting the Commitment in Initial Petitions, which is a genre circumscribed in the judicial domain. For this purpose, we have chosen sections, facts as found and relevant law , sections of the petition, with the understanding that, in this way, respectively, the narration of events, which gives margin to the propositioning to the judicial action, and the exposition of the law that upholds the author s intention. We base our discussion on the field of Linguistics, more precisely, Textual Discourse Analysis (TDA), whose theoretical basis is derived from Textual Linguistics (TL) and Enunciative Linguistics. We foreground, particularly, the way in which the author of texts, objects of analysis, use discursive strategies that evidence ER. The relevance of this study, then, is in the formation of a critique of the judicial text, as it conceives of a dialogical approach to the point of view, raising not only questions about the way in which a linguistic instance conceives an object of discourse, but also considering questions of language inherent to technical writing and, in this aspect, contributing to the work of those operating in Law about the many ways ER is formed in the body of a petition. We selected two categories to analyze that, according to Adam (2011), characterize the degree of ER in the textual material of the propositional enunciations: the different types of representation of speech and the indications of profile of mediators. In this sense, with this task as an objective, we base our study regarding point of view on Rabatel (2003, 2009a, 2010) with relation to the enunciative approach, including the study of PDV in polyphonic and dialogical theoretical framework to study the ER from different types of speech representations that conceive forms of transmission of discourse and the role of the enunciating subject, mainly the responsibility and the prerogative by the propositional contents. In the same way, intending to study the indications of the mediator profiles, we observed the postulations of Guentchéva (1994, 1996), which develop the notion of mediative grammatical categories, of which permit the linguistic marking of distance and engagement of the enunciator with regard to the information expressed. The methodology we adopted was based on qualitative research, of an interpretive and introspective nature, in light of the fact that his study focuses on processes and strategies underlying language use. The corpus of the research is comprised of Initial Petitions, which gave rise to actions originating in the Civil Court of Currais Novos County RN. The data analysis shows that an object of discourse is always perspective oriented and presents the point of view of one or more enunciators. Consequently, the producer of a text, using the PDV of other enunciators, influences and establishes the argumentative orientation of the text. In the same way, it evidences the relevance of the use of mediated constructions in the judicial text, as they function as strategies attenuated to the responsibility of the producer of the text with what is said, and at the same time points to a discourse of authority through the entrance of the sources of law. Moreover, it reveals the documental and international importance of this practice, at the same time that it exposes the compositional and normative difficulties with regard to legal and linguistic aspects

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Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP)

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Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)