927 resultados para Critical Legal Theories


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I examine tea as cultural practice by exploring how it is implicated in the formation of individual subjectivities and national identity. While using the experience of learning and consuming tea lore as a foreigner as my explicit point of entry, I analyse how tea transmission practices are represented in Japanese films. My readings of these films are supported by a survey of the historical applications of tea as part of a project of national invention. Against tea's self-representation as purely cultural, I draw attention to this ideological silencing of its economic and political effects by claiming that institutionalised tea pedagogy has been a major player in a nationally distinctive discourse of transience. My thesis argues that autoethnography can be used to bring into view the ideological foundations of various social practices organised around tea sites and texts. Once ideology is visible autoethnography may mediate the effects of dominant discourses by making a modest form of private resistance possible. As a performance of critical and effective history, I explore the limits of consciously resisting institutionalised power by reflecting on how discourses of tea and social theory intersect in my autoethnographic account of tea experiences. I begin by locating my subjectivity in tea. After outlining how tea is useful to me in psychological, domestic and professional contexts, I survey autoethnographic writing and critical forms of textual analysis. Given that traditions of textual analysis set limits to what can be comprehended, I note that considerations of the role of subjectivity are sometimes absent from several modes of textual analysis. I contend that more delicate forms of textual analysis are possible when multiple forms of subjectivity are explicitly addressed. Subjectivity is emphasised as I move between performances of being a cultural insider of tea subculture and an ethnic and linguistic outsider of daily life in Japan when I examine the connections linking tea anecdotes, film narratives, individual tales and national myths. From the position of tea culture insider and consumer of social theory I examine the relationship between national culture and individual subjectivity. I identify internal contradictions in tea transmission practices and consider how tea pedagogy and its cult of personality are addressed in tea films. The thesis concludes by considering the utility of identities in a global economy and comment on recent theories addressing the ethical self and social practices. It is on this basis that I claim the readings advanced in the earlier chapters map the pleasures and limits of employing autoethnography as a form of private resistance against the dominant discourses of tea, nation, and leisure.

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This study focuses on the way four student-teachers engage with critical social discourses in a year-long physical education unit. The student-teachers were encouraged to examine and (re)construct their pedagogy through their interactions with critical discourses. Drawing on their personal theories and actions, the study examines the extent to which critical intellectual resources can provide pedagogical frames of reference that are 'practical and non-ideal'. Using a critical ethnographic methodology the students' interactions with critical social discourses are diagnosed across three levels. The first level is the case study presentations of each student's engagement with the critical intellectual resources and the extent to which they were able to understand and implement them. The second level involves an interpretation of the individual cases that is informed by Brian Fay's (1987) metatheoretical reconstruction of the critical social sciences. In the third stage of diagnosis the study focuses on retheorising critical aspirations for praxis pedagogy in physical education. Critical scholars within the physical education arena argue that critical praxis represents a pedagogy based on a 'world view' of the potential for agents to engage in a rational reordering of their qualitative existence. The essence of their claim is that critical discourses have the potential to facilitate a mode of praxis through which physical education teachers might better recognise, understand, critique and transform their values and practices. However, there is broad recognition that the translation of social-critical discourses into a pedagogic context is highly problematic. Interpretation of the study is provided by Fay's (1987) 'limits to change' thesis which recognises that critical aspirations must ultimately be adopted and implemented by real people in real settings. As a diagnostic frame of reference, Fay insists that a 'complete' critical theory [of physical education] be simultaneously scientific, critical, practical and non-ideal. In seeking to temper the "e; over-rationalistic"e; tendency of the critical project he recognises the historical, embedded, embodied and traditional nature of human existence Criticisms of critical theories of education traverse a number of philosophic perspectives. Recent post-structural criticisms of truth regimes, knowledge-power differentials, rationality and agency have seriously destabilised modernist justifications of the critical agenda. Critical theories of physical education have not been absolved of such criticism. A prominent element of this study is its promotion of a dialectical relationship between agency and structure to extend critical conceptualisations of physical education pedagogy. Through the mediation of structural determinism and self-determination this research proffers a means of practically advancing a critical praxis in physical education. The conclusion of this thesis outlines some broad recommendations pertaining to the introduction of social critical discourses in physical education teacher education.

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Evidence exists to suggest that in Australia many environmental issues remain unresolved even though the community has apparently become more environmentally aware. Although universities have undertaken responsibility to educate future environmental professionals to address this concern, there are numerous tensions underpinning professional environmental education. This folio explores my perceptions of these tensions and their effect on my professional practice as an academic. I refer to this as the relationships among theories and practices experienced in my work. Four perspectives are taken in this research as I appraise professional environmental education. This Dissertation (Vol. 1) focuses on views informing my professional environmental education, inclusive of my own reflexivity. From interviews with students, academics, professionals and environmentalists, and other sources of information, I consider various tensions arising from what I regard as dehumanising social and political forces. The conventional elite and authoritative roles for universities and professionals dominate most participants' understanding of professional activities. Professional practices often endorse these conventions. Juxtaposed to this authoritative view of professional education, and prescribing a different interpretation for professional practice, is my theoretical position informed by criticality and a need to challenge the status quo. I suggest that Leopold's The Land Ethic is an exemplar of criticality and a suitable basis for examining professional environmental education. The Land Ethic is used as a foundation to my thesis because it encapsulates suitable arguments to examine ideologies supportive of my understanding of professional environmental education. My thesis investigates the nature of participants' (including my own) understanding of their land ethic or land ethics suggesting that interpretations of 'place' provide an emotional and ethical appreciation of the land. I suggest that 'place', as a culturally derived construct, is central to the concept of a land ethic or land ethics, and a characteristic of an environmental ethic or ethics. To incorporate these different perspectives into professional environmental education perhaps land could be viewed, not just as a 'client' as in Schön's (1983) reflective contract, but expanded so that professionals form ethical partnerships with the land, which implies a greater equity between roles and responsibilities. This perspective challenges elite interpretations of the roles for environmental professionals by asking them to be advocates for their land, and to work with the land. Searching for my own land ethic or land ethics has promoted a discourse that encompasses a language of possibility and opportunity. This language of possibility and opportunity stands in contrast to the constraining language of reproduction that has promoted stasis. My reflexivity, a holistic and ecological view that in this thesis is an expression of my searching for a land ethic or land ethics, has encouraged me to develop critical and ethical questions to challenge my professional environmental education practice. As such the process of theorising about my theory and practice has been personally transformative as it encourages my development as a 'critical person'. Elective 1 (Vol. 2 ) reviews public information promoting a selected range of Australian environmental courses. Analysis demonstrates environmental courses are mainly technocratic, promoting technical-scientific and vocational perspectives. This orientation, I consider, is aligned to an emerging corporate agenda as universities attempt to be more accountable to the government within a competitive market dominated by economic interests. Elective 2 (Vol. 2 ) considers the providers of professional environmental education where I explore a diversity of tensions undermining current academic life found in many Australian universities. I suggest that corporatisation and vocationalisation dominate university culture to such an extent that any examination of professional environmental education is prejudiced. Professional environmental education appears to be biased toward maintaining the status quo. My conclusion is that professional environmental education does not promote graduates as 'critical persons' (Barnett 1997), and this may affect graduates' understandings of the purpose and aspirations of environmental professionalism. I suggest that elite and technical understandings of professionalism may affect the professionals' ability to implement environmental policy. Australia has an admirable record of developing environmental policy. However, public concern about a lack of resolution for many environmental issues suggests that professionals may be struggling to successfully implement policy in any meaningful way. Such challenges for environmental professionals may be a result of a professional environmental education that does not engage graduates within ideas that professional practice may require community participation and collaboration as key themes. Elective 3 (Vol. 2) is a case study investigating the development of conservation policies by the Ballarat community. The case demonstrates how the dominant social paradigm informs community views about environmental issues emphasising a technical emphasis and hierarchical arrangements of power and authority between local government and the community. The community view appears to be that environmental action should be mainly individualistic and behaviourist, which I suggest may have resulted from a technical framework for environmental knowledge. The community view of environmental issues resonates with the dominant view promoted by professional environmental education in most universities. In conclusion, my thesis is a representation of my challenges to critically engage in possible relationships among theories, practices and circumstances in my workplace, with a view to addressing what I perceive as a 'gap' between my own theory and practice. The motivation for this critical examination is to question the purpose of my professional environmental education practice in relation to the challenges of my emergent environmental ideology. The difficulty of promoting my critical theorising in a traditional small science faculty, within a corporate university, with my scientific background, is acknowledged. Nevertheless, based on my own experiences, I recommend that academics involved in professional environmental education should be encouraged to explore relationships between their own theories and practices in their own professional settings. I suggest that the search for a land ethic or land ethics, and one's 'place' in the 'land', can be an effective platform for this process.

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This paper reports on research into the challenges of implementing a critical writing pedagogy within a teacher education program in Australia. Participants in this study are student teachers enrolled in a compulsory subject, ‘Language and Literacy in Secondary School’, a subject requiring them to develop a knowledge of the role of language and literacy across the secondary school curriculum and to show personal proficiency in literacy (this is dictated by state government specifications of graduate outcomes for teacher education programs). To develop an understanding of the way that language has shaped their lives, students write a narrative about their early literacy experiences – a task which they all find very challenging, especially in comparison with the formal writing of other university subjects. Rather than simply reminiscing about their early childhood, they are encouraged to juxtapose voices from the past and the present, and to combine a range of texts within their writing. They thereby create a heteroglossic text (Bakhtin, 1981) that stretches their repertoires as language users and enables them to develop a socially critical awareness of language and literacy, including the literacy practices in which they engage as university students. Later in the semester they revisit these accounts of their early literacy experiences, and (in a separate piece of writing) endeavour to place these accounts within the contexts of theories and debates they have encountered in the course of completing this unit.

The students’ writing provides a small window on how they are experiencing their tertiary education, including the managerial controls that are currently shaping university curriculum and pedagogy. Their writing also raises questions as to extent to which tertiary students are actually able to formulate a critical language awareness that will subsequently inform their professional practice as secondary teachers.

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This study examines central bank independence and governance (CBIG) in Bangladesh and Australia. It applies a unique index model of Ahsan, Skully and Wickramanayake (2008) to assess their respective legal, political, price stability objectives, exchange rate policies, monetary policy and deficit financing practices, transparency and accountability positions from 1991 to 2008. While the model shows CBIG is much weaker in Bangladesh than in Australia, the Bangladesh Bank’s CBIG shown considerable improvement over the period. These findings suggest that the Government of Bangladesh might learn from Australia’s experience with Reserve Bank of Australia and delegate further power and authority to Bangladesh Bank as well as lessen its political interference.

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The Ottawa Charter laid the ground work for a new research and practice agenda by urging health promoters to advocate for healthy public policies. After more than 20 years, it is now time to reflect on the state of policy research in health promotion and to examine how rigorously theories are applied. The review of the literature was
conducted on 11 peer-reviewed journals. The journals were selected for their solid track record in publishing health promotion articles and by using a set of predefined
inclusion and exclusion criteria. The articles, published between January 1986 and June 2006, were searched using Medline and CINAHL databases. The selected papers feature search terms related to ‘politics’, ‘policy’, ‘advocacy’ and ‘coalition’. We examined the theoretical grounding of each paper and whether it focuses on policy content (e.g. nature, impact, evolution of the policy), policy processes (e.g. advocacy capacity building and strategies) or theoretical/methodological issues in policy analysis. This review demonstrates that policy research in health promotion is still largely an a theoretical enterprise. Out of the 119 articles that were found eligible, 39 did apply to some degree a theoretical framework, of which 21 referred to a theoretical framework from political science. We conclude that the field has yet to acknowledge critical concepts that would help to shed light on the policy process, and that validated rigorous theoretical frameworks to inform research and practice are hardly applied. Recommendations are formulated to improve policy research in health promotion.

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This paper reports on research into the challenges of implementing a critical writing pedagogy within a teacher education program in Australia. Participants in this study are student teachers enrolled in a compulsory subject, “Language and Literacy in Secondary School”, a subject requiring them to develop a knowledge of the role of language and literacy across the secondary school curriculum and to show personal proficiency in literacy as part of graduate outcomes for teacher education dictated by the State Government of Victoria. To develop an understanding of the way that language has shaped their lives, students write a narrative about their early literacy experiences – a task which they all find very challenging, especially in comparison with the formal writing of other university subjects. Rather than simply reminiscing about their early childhood, they are encouraged to juxtapose voices from the past and the present, and to combine a range of texts within their writing. Later in the semester they revisit these accounts of their early literacy experiences and, in a separate piece of writing, endeavour to place these accounts within the contexts of theories and debates they have encountered in the course of completing this unit. The students’ writing provides a small window on how they are experiencing their tertiary education and their preparation as teachers, including the managerial controls that are currently shaping university curriculum and pedagogy. We argue that such heteroglossic texts (Bakhtin, 1981) prompt students to stretch their repertoires as language-users, enabling them to develop a socially critical awareness of language and literacy, including the literacy practices in which they engage as university students.

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Over the past three decades, debates about legal reforms to lethal violence have been evident across Australia and in other jurisdictions. While these debates have often arisen from shared concerns, the resulting reforms have taken different approaches to reformulating the defences to murder. This article considers the divergent approaches taken to reform and the process of law reform itself, documenting the significance of localised histories and high profile cases. It also questions whether reforms to the defences to murder have responded adequately to the varying contexts within which men and women kill. The analysis reveals the limitations of law reform inquiries that fail to take a comprehensive approach to considering the operation of the laws in this area. The article calls for ongoing critical analysis of homicide within and beyond the law.

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This paper describes the application of computer aided design (CAD) in teaching advanced design methodologies to fourth-year undergraduate students majoring in mechanical engineering. This involves modern enhancements in teaching strategies for subjects such as design-for-X (DFx) and failure mode effect analysis (FMEA) concepts, which are traditionally categorised as advanced design methodologies. The main subsets of DFx including design-for-assembly (DFA), design-for-disassembly (DFD), design-for-manufacturing (DFM), design-for-environment (DFE) and design-for-recyclability (DFR) were covered by studying various engineering and consumer products. The unit was designed as a combination of practical hands-on workshop-based classes along with a software-based evaluation of different products. In addition to CAD, finite element modelling techniques were utilised to enhance the students’ understanding of design faults and failures. The inquiry into teaching practice and design of this fourth-year unit was carried out during past two years and it revealed some interesting outcomes from our teaching practice in terms of students’ learning experiences. Finally, the paper discusses some critical factors in the context of teaching advanced design methodologies to the undergraduates in mechanical engineering and even manufacturing engineering.

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 In this paper, we provide a critical review of the literature that discusses the nexus between feminism and postmodernism. Further, we argue that the current debates about using postmodernism to enhance structural theories such as feminism are often polarised, and continue to limit the potential for developing critical social work practice and theory. In transcending these dualistic debates, we have explored what the possibilities are for postmodernism to contribute to critical objectives such as those espoused by feminism and why this is particularly important for social work at this point in time. We have contended that engaging with postmodernism critically has significant potential to enhance feminist practice. We begin the article with a justification for the importance of re(visiting) the nexus between postmodern and structural theory in the current context.

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In an Australian Bachelor of Social Work degree, critical reflection is a process explicitly taught in a fourth year subject to students who have returned from their first field placement experience in agencies delivering social work programmes. The purpose of teaching critical reflection is to enable social work students to become autonomous and critical thinkers who can reflect on society, the role of social work and social work practices. The way critical reflection is taught in this fourth year social work unit relates closely to the aims of transformative learning. Transformative learning aims to assist students to become autonomous thinkers. Specifically, the critical reflection process taught in this subject aims to assist students to recognise their own and other people's frames of reference, to identify the dominant discourses circulating in making sense of their experience, to problematise their taken-for -granted ‘lived experience’, to reconceptualise identity categories, disrupt assumed causal relations and to reflect on how power relations are operating. Critical reflection often draws on many theoretical frameworks to enable the recognition of current modes of thinking and doing. In this paper, we will draw primarily on how post-structural theories, specifically Foucault's theorising, disrupt several taken-for-granted concepts in social work.

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Since the 1980s, there has been a burgeoning literature on women and educational leadership. The focus has primarily been on the underrepresentation of women in leadership informed by a feminist critique of the mainstream literature. Over time, key feminist theories and research have been appropriated in education policy and are now embedded in the mainstream literature, with little recognition of their provenance or political intent. This article identifies the discursive moves that have domesticated feminist research by depoliticizing and decontextualizing leadership and argues for refocusing the feminist gaze away from numerical representation of women in leadership to the social relations of gender and power locally, nationally and internationally. A feminist critical sociological perspective treats leadership as a conceptual lens through which to problematize the nature, purpose and capacities of educational systems and organizations to reform and indeed re-think their practices in more socially just ways. Feminist understandings provide substantive and normative alternatives to how we theorize and practice leadership.

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Whether an abstract jurisprudence of law can be developed such that law is neutral with respect topositive choices, or whether law is necessarily informed by social facts, values and assumptions, with reference to the work of Jurgden Habermas, countering that author's claim of neutrality.

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My doctoral research studies Australian PLT practitioners’ engagement with scholarship of teaching and learning. I argue that many PLT practitioners are motivated to engage with scholarship of teaching and learning in their work. There are, however, individual and extra-individual impediments.
PLT practitioners are lawyers that teach in institutional practical legal training (“PLT”). Satisfactory completion of mandatory PLT is an eligibility requirement for admission to the Australian legal profession. The PLT requirement is additional to academic legal qualifications. PLT is undertaken at a post-graduate level with, or after, the academic law degree.
My study investigates PLT practitioners’ motivations and capabilities to engage with scholarship of teaching and learning (“SoTL”). I study organisational symbolic support for SoTL in PLT, and organisational allocation of resources to SoTL in PLT.
The study involves individual and extra-individual domains of PLT practitioners’ work. It considers how social structures (e.g. “the juridical”) are inscribed into individuals’ practices (“teaching”) and, conversely, whether practices influence social structures.
My research adopts qualitative methodologies. These involve inter-disciplinary exchanges between law, legal education, practice research, sociology of law, cultural theory, and theory and practice of teaching and learning. My theoretical framework draws on Pierre Bourdieu’s “reflexive sociology”, and Michel de Certeau’s “heterological science”.
I sourced data from documents, and semi-structured interviews with 36 Australian PLT practitioners. Documentary sources include statutory instruments, speeches, reports, practice directions, histories, and scholarly publications.
To analyse the data I adopted Kelle’s characterisation of “theoretical sensitivity”, drawing on “explicit” and “emergent” analysis strategies derived from “grounded theory”. The explicit strategies were based on my theoretical framework. The emergent strategy involved sensitivity to non-explicit concepts and theories that emerged from the data. Computer-aided qualitative data analysis software expedited these methods.
My findings to date question dominant legal structures’ readiness for change, the implications of this for teaching and learning in PLT, and in particular for PLT practitioners’ engagement with SoTL in PLT.
The espoused rationale for mandatory PLT (in statutes) is improvement for the protection of clients, the administration of justice, and to assure quality legal services. The tacit rationale is improved quality of legal education, and experiences, for lawyers-to-be. My thesis argues dominant structures in legal education impede the espoused and tacit objectives, and impede PLT practitioners’ engagement with scholarship of teaching and learning.

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The methodology of grounded theory has great potential to contribute to our understanding of leadership within particular substantive contexts. However, our notions of good science might constrain these contributions. We argue that for grounded theorists a tension might exist between a desire to create a contextualised theory of leadership and a desire for scientifically justified issues of validity and generalizable theory. We also explore how the outcome of grounded theory research can create a dissonance between theories that resonate with the reality they are designed to explore, and the theories that resonate with a particular yet dominant 'scientific' approach in the field of leadership studies - the philosophy of science commonly known as positivism. We examine the opportunities provided by an alternative philosophy of science, that of critical realism. We explore how conducting grounded theory research informed by critical realism might strengthen researchers' confidence to place emphasis on an understanding and explanation of contextualised leadership as a scientific goal, rather than the scientific goal of generalization through empirical replication. Two published accounts of grounded theory are critiqued candidly to help emphasise our arguments. We conclude by suggesting how critical realism can help shape and enhance grounded theory research into the phenomenon of leadership. © 2010.