904 resultados para Legal discourse analysis


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This thesis used Critical Discourse Analysis to investigate how a government policy and the newsprint media constructed discussion about young people’s participation in education or employment. The study found that a continuous narrative across both sites about government as a noble agent taking action to redress the social disruption caused by young people’s disengagement. Unlike the education policy, the newsprint media blamed young people who were disengaged and failed to recognise the barriers they often face. The study points to possibilities for utilising the power of narrative to build a more fair and rigorous discussion of issues in the public sphere.

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The use of online tools to support teaching and learning is now commonplace within educational institutions, with many of these institutions mandating or strongly encouraging the use of a blended learning approach to teaching and learning. Consequently, these institutions generally adopt a learning management system (LMS), with a fixed set of collaborative tools, in the belief that effective teaching and learning approaches will be used, to allow students to build knowledge. While some studies into the use of an LMS’s still identify continued didactic approaches to teaching and learning, the focus of this paper is on the ability of collaborative tools such as discussion forums, to build knowledge. In the context of science education, argumentation is touted as playing an important role in this process of knowledge building. However, there is limited research into argumentation in other domains using online discussion and a blended learning approach. This paper describes a study, using design research, which adapts a framework for argumentation that can be applied to other domains. In particular it will focus on an adapted social argumentation schema to identify argument in a discussion forum of N=16 participants in a secondary High School.

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This chapter outlines the reasons why discourse analysis is an important dimension of critical social work practice. It brings to the forefront the very significant new contributions that sociologists focusing on the politics of recognition and redistribution, such as Nancy Fraser and Axel Honneth, can make in casting a "new politics of critical social work". In making this case, it begins by discussing some key developments in discourse theory and analysis within the social sciences and how they relate to the normative concerns of social work, specifically social justice and its multiple interpretations. Developing an appropriate analytical framework for social work practice can be difficult because there are conflicting and overlapping definitions of discourse formulated from various theoretical and disciplinary standpoints (Fairclough, 1992; Macdonnell, 1991). There are many different accounts of discourse that have developed in the social sciences, which is partly a result of recent interest in discourse theory among a wide range of academic disciplines. Whether language has assumed more of a central focus as a result of increased academic interest, or whether there has been an increase in the social importance of language in the operations of power is open to question...

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The mining industry has positioned itself within the sustainability agenda, particularly since the establishment of the International Council of Mining and Minerals (ICMM). However, some critics have questioned this position, since mining requires the extraction of non-renewable finite resources and commercial mining companies have the specific responsibility to produce profit. Complicating matters is that terms that represent the sustainability such as ‘sustainability’ and ‘sustainable development’ have multiple definitions with varying degrees of sophistication. This work identifies eleven sustainability agenda definitions that are applicable to the mining industry and organises them into three tiers: first, Perpetual Sustainability, that focuses on mining continuing indefinitely with its benefits limited to immediate shareholders; second, Transferable Sustainability, that focuses on how mining can benefit society and the environment and third, Transitional Sustainability, that focuses on the intergenerational benefits to society and the environment even after mining ceases. Using these definitions, a discourse analysis was performed on sustainability reports from member companies of the ICMM and the academic journal Resources Policy. The discourse analysis showed that in both media the definition of the sustainability agenda was focussed on Transferable Sustainability, with the sustainability reports focused on how it can be applied within a business context while the academic journal took a broader view of mining’s social and environmental impacts.

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Critical Discourse Analysis (CDA) is an approach to analysing the discourses that operate in social contexts, such as classrooms in schools, and their material effects on people, such as teachers and learners. CDA offers a range of ways of engaging with the relationship between texts in context and the power they exercise. In this article, I overview key approaches and provide detail of Fairclough’s (1992, 2003) textually-oriented, linguistic method of CDA, with an example from my own research. I offer a challenge for English teachers, as researchers, to ‘make strange’ the familiar world of their classroom work, and in so doing, identify possibilities for productive change.

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Much of physical education curriculum in the developed world and specifically in Australia tends to be guided in principle by syllabus documents that represent, in varying degrees, some form of government education priorities. Through the use of critical discourse analysis we analyze one such syllabus example (an official syllabus document of one of the Australian States) to explore the relationships between the emancipatory/social justice expectations presented in the rubric of and introduction to the official syllabus document, and the language details of learning outcomes that indicate how the expectations might be satisfied. Given the complexity and multilevel pathways of message systems/ideologies we question the efficacy of such documents oriented around social justice principles to genuinely deliver more radical agendas which promote social change and encourage a preparedness to engage in social action leading to a betterment of society.

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Understanding the ways in which teachers make sense of what they do and why is critical to a broader understanding of pedagogy. Historically, teachers have been understood through the thematic and content analysis of their beliefs or philosophies. In this paper, we argue that discourse analysis (DA) involves a much finer-grained analysis of the ‘lifeworlds’ of teachers and, in our view, provides a more detailed canvas from which inferences can be made. Our argument is structured in four parts. We begin by locating DA within the physical education (PE) literature and discuss what others have referred to as its relatively modest use. Following our location of DA, we outline a conceptual framework that we regard as useful, which contains six interrelated principles. We then introduce the idea of interpretive repertoires, which we consider to have particular explanatory power as well as being a sophisticated way to represent the subjectivities of PE teachers. Finally, we discuss the methodological strengths of interpretive repertoires. The paper concludes with a discussion on the theoretical and practical merits of adopting DA to analyse problems within PE.

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Despite increasing interest in the discursive aspects of strategy, few studies have examined strategy texts and their power effects. We draw from Critical Discourse Analysis to better understand the power of strategic plans as a directive genre. In our empirical analysis, we examined the creation of the official strategic plan of the City of Lahti in Finland. As a result of our inductive analysis, we identified five central discursive features of this plan: self-authorization, special terminology, discursive innovation, forced consensus and deonticity. We argue that these features can, with due caution, be generalized and conceived as distinctive features of the strategy genre. We maintain that these discursive features are not trivial characteristics; they have important implications for the textual agency of strategic plans, their performative effects, impact on power relations and ideological implications.

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This dissertation assesses from an under-explored angle the enduring contention over Travellers’ ethnic recognition in the Republic of Ireland, particularly over the last decade. The novelty of this study concerns not only its specific focus on and engagement with the debate on ‘Traveller ethnicity’ among Traveller activists. It also pertains to the examination of Travellers’ arguments for and against ethnicity in light of critical theorisations as well as insights from identity politics. Furthermore, the adoption of a Critical Discourse Analytical framework offers new perspectives to this controversy and its potential implications. Finally, this thesis’ relevance extends beyond the contention on ‘Traveller ethnicity’ in itself. It also draws attention to the complex dynamics of colonisation and appropriation between the global and the local. Particularly, it points to the interplay between international human rights discourses and the local ones, formulated by NGOs struggling for equality. In this way it sheds light on more general issues such as the dialectical potential of human rights discourses: the benefits and pitfalls of framing recognition claims in the legalistic terms of human rights. In this study it is argued that the contention on ‘Traveller ethnicity’ defies a simplistic polarisation between Irish Travellers and the Irish State since it has been simultaneously played out within the Travelling community. Specifically, this study explores how ‘Traveller ethnicity’ has been introduced, embraced, promoted and contested within Traveller politics to the point of becoming a hotly debated and divisive issue among Traveller activists and at the heart of the community itself. Putting Traveller activists centre-stage, their discourses for and against ‘Traveller ethnicity’ are examined and assessed against one another and their potential implications for Traveller politics, policies and identities are pointed out. Contending discourses are historically contextualised as the product of specific structural, material and discursive configurations of power and socio-economic relations within Irish society. Discourses for and against ‘Traveller ethnicity’ are assessed as being significant beyond the representational level. They are regarded as contributing to dialectically constitute Travellers’ ways of being, representing and acting. Furthermore these discourses are considered as sites and means of power struggles, whose stakes are not only words, but relate to issues of power and leadership within the Travelling community; adjudications over material resources; the adoption of certain policy approaches over others; and, finally, the consolidation of certain subject positions over others for Travellers to draw upon and relate to mainstream society. This study highlights an ongoing ideological struggle for the naturalisation of ‘Traveller ethnicity’ as a self-evident ‘fact’, which involves no active choice by Travellers themselves. Overall, ‘Traveller ethnicity’ appears to constitute an enduring source of dilemmas for the Travelling community. These revolve around the contradictory potential of ethnicity claims-making —both its perils and advantages— and its status as a potent political strategic resource that can both challenge and reinforce existing power relations, policies and identities.

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This paper presents a formalism for representing temporal knowledge in legal discourse that allows an explicit expression of time and event occurrences. The fundamental time structure is characterized as a well‐ordered discrete set of primitive times, i.e. non‐decomposable intervals with positive duration or points with zero duration), from which decomposable intervals can be constructed. The formalism supports a full representation of both absolute and relative temporal knowledge, and a formal mechanism for checking the temporal consistency of a given set of legal statements is provided. The general consistency checking algorithm which addresses both absolute and relative temporal knowledge turns out to be a linear programming problem, while in the special case where only relative temporal relations are involved, it becomes a simple question of searching for cycles in the graphical representation of the corresponding legal text.

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