Developing The Ladder To Professionalism

Developing The Ladder To Professionalism by Tom Baum, Manager, Curricula Development Unit and Patricia Reid, Training Advisor, Curricula Development Unit at the Council for Education, Recruitment and Training, State Agency for Hotels, Catering and Tourism in Dublin, Ireland: “Developments are currently in hand to promote increased professionalism in management within the hotel and catering industry in Ireland. The authors discuss the particular responsibility of educational agencies. Recent initiatives to provide a comprehensive and flexible career ladder encompassing craft training, in-service and “second-chance” education, as well as more conventional college-based initial management are reviewed, as are attempts by various industry associations to enhance the professionalism of members.” In this discussion, the authors have primarily devoted their attention to degree gaps in professionalism in the hospitality industry, and the measures that can be taken to mitigate these circumstances. “The hotel, catering, and tourism industry, in common with others involved in the service function, has been relatively slow to adopt modern approaches to management and technology at all levels,” Baum and Reid want you to know. The authors hail from Ireland and point to steps that the industry, in Ireland, is taking to address service problems. “Developments are taking place in Ireland toward professionalism in management in the context of the Irish hotel and catering industry; education and educationally related institutions have taken a role in contributing to the professionalization of work in this area,” say the authors. Baum and Reid point to CERT’s - The State Training Agency for Hotels, Catering and Tourism - involvement in promoting professionalism in the Irish hospitality industry, and provide a comprehensive graph to illustrate CERT’s paths to successful management. Worthy of note is, proprietor management is more common on that side of the Atlantic’, with most properties tending to be smaller than U.S. chain operations. That fact, by no means suggests that management style is indeed complete in the U.K, but it can be said that maybe such style is more congenial. “However, finding the balance between operationalism and the management and development functions seems to underpin perhaps the cardinal problems of professionalism in hotel and catering management in Ireland,” say the authors. “The dichotomy, clearly represented in the management of the industry, is equally evident within the educational and training system and also in the limited influence of associations…” Baum and Reid expand on that issue. The authors do concede that it is difficult to quantify what exactly constitutes good professionalism in the hospitality industry; it is, after all, a fairly subjective concept. They continue by describing some of the degree and sub-degree programs being offered in Ireland.

The Nevada Gaming Debt Collection Experience

In the discussion - The Nevada Gaming Debt Collection Experience - by Larry D. Strate, Assistant Professor, College of Business and Economics at the University of Nevada, Las Vegas, Assistant Professor Strate initially outlines the article by saying: “Even though Nevada has had over a century of legalized gaming experience, the evolution of gaming debt collection has been a recent phenomenon. The author traces that history and discusses implications of the current law.” The discussion opens with a comparison between the gaming industries of New Jersey/Atlantic City, and Las Vegas, Nevada. This contrast serves to point out the disparities in debt handling between the two. “There are major differences in the development of legalized gaming for both Nevada and Atlantic City. Nevada has had over a century of legalized gambling; Atlantic City, New Jersey, has completed a decade of its operation,” Strate informs you. “Nevada's gaming industry has been its primary economic base for many years; Atlantic City's entry into gaming served as a possible solution to a social problem. Nevada's processes of legalized gaming, credit play, and the collection of gaming debts were developed over a period of 125 years; Atlantic City's new industry began with gaming, gaming credit, and gaming debt collection simultaneously in 1976 [via the New Jersey Casino Control Act] .” The irony here is that Atlantic City, being the younger venue, had or has a better system for handling debt collection than do the historic and traditional Las Vegas properties. Many of these properties were duplicated in New Jersey, so the dichotomy existed whereby New Jersey casinos could recoup debt while their Nevada counterparts could not. “It would seem logical that a "territory" which permitted gambling in the early 1800’s would have allowed the Nevada industry to collect its debts as any other legal enterprise. But it did not,” Strate says. Of course, this situation could not be allowed to continue and Strate outlines the evolution. New Jersey tactfully benefitted from Nevada’s experience. “The fundamental change in gaming debt collection came through the legislature as the judicial decisions had declared gaming debts uncollectable by either a patron or a casino,” Strate informs you. “Nevada enacted its gaming debt collection act in 1983, six years after New Jersey,” Strate points out. One of the most noteworthy paragraphs in the entire article is this: “The fundamental change in 1983, and probably the most significant change in the history of gaming in Nevada since the enactment of the Open Gaming Law of 1931, was to allow non-restricted gaming licensees* to recover gaming debts evidenced by a credit instrument. The new law incorporated previously litigated terms with a new one, credit instrument.” The term is legally definable and gives Nevada courts an avenue of due process.

A phenomenological perspective of the lived experiences of Jewish holocaust survivors seeking health care in the United States today

Seven Jewish Holocaust survivors were interviewed using a phenomenological method to determine the essence of the Jewish Holocaust survivor's experience with health care in the United States today. The transcriptions were analyzed using Colaizzi's approach to phenomenological research. This approach includes extraction of significant statements, from the transcriptions, that described the participant's health care behaviors and needs. Formulated meanings of the significant statements were then organized into six themes: Hiding and Avoidance, Self care, Fear/Trust Dichotomy, Security, Luck, and Need for Understanding. These six themes were forms of protection for the participants, which ultimately led to continued survival, the essence of their experience. Knowledge of their experience may direct the nurse in implementing creative and appropriate nursing interventions to provide comfort and assist the survivor with their needs in today's health care arena.

A compaixão como fundamentação moral em Schopenhauer

The scope of this study was to investigate to what extent the feeling of compassion is important for the moral reasons. Thus, we will build on the analysis of moral reasoning of the philosopher Arthur Schopenhauer, in his essay “On The Basis of Morality”, who was a supporter of the feeling of compassion in their ethical reasoning. In order to deepen the discussion on the dichotomy of the human being, that the split between reason and sensibility in the moral field, also investigate Schopenhauer's criticism of the Kantian moral, which is fundamentally rational. We believe that analyzing both its moral foundation, as his critique of Kantian morality, we can understand the true import of the feeling of compassion in the moral field. Thus, we believe that one must take into account the value of this feeling on ethical grounds. As proposed will try an approach with regard to reason and sensitivity in the moral field.

A linguagem audiovisual do cinema como elemento integrador da arte e ciência na formação cultural dos professores de ciências e matemática

This work aims to study about the importance of cinema for cultural and professional training of teachers of Natural Sciences and Mathematics. The educational potential of cinema is emphasizing by different authors, which also reveal the teachers' training gap in this issue (media). In this study, we defend the audiovisual language of cinema as an integrating element of Arts and Science for cultural and professional training of teachers. This subject has been developed by different authors, in which the emphasis has been the importance of intelligent dialogue with the world. Specifically, the training of science teachers and mathematics, by the approach of Cinema in its formation, It envisions the possibility of minimizing the dichotomy between humanistic and scientific training, already much discussed by some researchers. Educational products contribute to an effective experience and reflection on the cultural and educational role of the Seventh Art. Considering the Cinema as a possible "bridge" between the two cultures (scientific culture and humanistic culture) and promoting ownership of audiovisual language in teacher training It was accomplished the I Exhibition - Cultural Spring: Cinema and Science Education in UFRN. The production of the booklet "Topics of History, Language and Art of Cinema for Science and Mathematics Teachers," and its application in a short course in the XXI National Symposium on Physics Teaching also aimed to contribute to the approximation of Science and Art in training teachers.

Of madness and many-valuedness: an investigation into Suszko's Thesis

Suszko’s Thesis is a philosophical claim regarding the nature of many-valuedness. It was formulated by the Polish logician Roman Suszko during the middle 70s and states the existence of “only but two truth values”. The thesis is a reaction against the notion of many-valuedness conceived by Jan Łukasiewicz. Reputed as one of the modern founders of many-valued logics, Łukasiewicz considered a third undetermined value in addition to the traditional Fregean values of Truth and Falsehood. For Łukasiewicz, his third value could be seen as a step beyond the Aristotelian dichotomy of Being and non-Being. According to Suszko, Łukasiewicz’s ideas rested on a confusion between algebraic values (what sentences describe/denote) and logical values (truth and falsity). Thus, Łukasiewicz’s third undetermined value is no more than an algebraic value, a possible denotation for a sentence, but not a genuine logical value. Suszko’s Thesis is endorsed by a formal result baptized as Suszko’s Reduction, a theorem that states every Tarskian logic may be characterized by a two-valued semantics. The present study is intended as a thorough investigation of Suszko’s thesis and its implications. The first part is devoted to the historical roots of many-valuedness and introduce Suszko’s main motivations in formulating the double character of truth-values by drawing the distinction in between algebraic and logical values. The second part explores Suszko’s Reduction and presents the developments achieved from it; the properties of two-valued semantics in comparison to many-valued semantics are also explored and discussed. Last but not least, the third part investigates the notion of logical values in the context of non-Tarskian notions of entailment; the meaning of Suszko’s thesis within such frameworks is also discussed. Moreover, the philosophical foundations for non-Tarskian notions of entailment are explored in the light of recent debates concerning logical pluralism.

A produção textual no ensino fundamental: processo de retextualização com o gênero memórias

Teaching Portuguese language in Brazilian public schools is still limited mostly to studying decontextualized text fragments, memorizing classifications and cult of grammar rules. Considering the language as a social, cultural practice which emerges from the intersubjective interaction, we sought to propose an educational intervention that prioritizes the retextualization processes from speech to the writing of memoirs as a textual genre, so as to contribute for improving learner’s discursive performances. Therefore, paying attention to these concerns and in attempt to contribute for improving the teaching of Portuguese language in elementary school, we chose as privileged locus a 9th grade class from a state school in Bento Fernandes, RN. The corpus is formed by texts produced and retextualized by students from the elders’ oral reports within local community. We sought thus to understand what memory is, its importance for registering local spoken language and culture, as much as to carry out didactic actions that favor students’ learning in the activities of textual production. In light of the theoretical overviews about linguistic-discursive relations, based on Marcuschi’s (1993, 1997, 2001, 2002, 2006, 2008, 2010) conception of oralitiy-writing continuum and the debates proposed by Antunes (2003, 2014), Alves Filho (2011), Koch (2012) and Bakhtin (1992, 2011), we aimed to understand, by analyzing the retextualized memoirs, how these practices complement each other within the process of orality and writing. As for the proposal of didactic sequences, the study has been oriented by Dolz and Scheneuely (2004); as for the memoirs, by the guidelines of Coracine and Ghiraldelo (2011) and Le Goff (2010, 2013). In this way, this work followed the action-research methodology in a qualitative approach, considering the teacher (researcher) as an active agent involved in the process of knowledge production in his own educational practice, so as to interfere in the mediation, knowledge production and its dissemination in classroom context, which is the privileged locus for constructing and transforming process. There is much to be research within the area of retextualization. Yet we verified that this educational intervention, based on discursive operators of retextualization, has been proven viable as an efficient path so that we teachers can work the peculiarities of usages and functions of textual genres in oral and written modalities of a language, without grasping both as a dichotomy. This accredited us to strengthen a discourse that undoes many myths still present in that order, especially the one that causes more damage for the learners of Portuguese language – that writing is a representation of speech.

Normalização de dispositivos móveis no processo de aprendizagem de inglês : um estudo à luz da complexidade

We live in a world inherently influenced by technology and in which education is immersed in realities made possible by the support of digital technologies, such as electronic mobile devices. Thus, the general aim of this study lies in mapping and analysing the influence of mobile devices on teaching, especially with reference to learning the English language. The specific aims are to investigate how the use of mobile devices is present in the research participants’ practices, consider whether such use is beneficial, according to the students, to the English language learning as well as mapping how the use of mobile devices favours the normalisation stage, taken in this research as a complex process.The theoretical background of this study includes the premises of the Paradigm of Complexity, especially concerning the acquisition of a second language, as well as the precepts of Normalisation, which is related to the total integration of digital technologies into the English teaching and learning process in such a way that they become invisible, and the theories of language learning mediated by computers and mobile devices. Methodologically, this is an ethnographic qualitative research and its context is a language institute located in the Triângulo Mineiro region. In addition to students from five groups in the institution, two teachers and an administrative assistant participated in the survey. Data was collected through an online questionnaire, learning reports produced by students and interviews with teachers and administrative staff. The analyses indicate that mobile devices are present in the daily practices of English learners, but these uses, in most cases, are carried out through the teacher's encouragement. Moreover, despite having positive sayings on the role of digital technologies in the process of English teaching and learning, there is, among students and teachers, a dichotomy between saying and doing about the learning contexts considered valid. Additionally, the use of mobile devices in the English learning process is not yet established as a normalised issue because the process of integration of technology in teaching is still ruled by traditional uses of the technology. I conclude that the use of mobile devices in the English learning process is still not normalised, because even if students use their mobile devices every day, they generally do not realize the affordances of such use as possibilities to learn English.

Employment status and health in Spain before and after the Great Recession

This article analyzes the relationship between employment status (ES), on one hand, and self-rated health and psychological distress, on the other, in the context of the Great Recession beginning in 2008. For this purpose, it is necessary to move beyond the employment/unemployment dichotomy characteristics of previous theories and research concerning the relationship between the labor market, recession, and health. The authors use data from the Spanish National Health Surveys in 2006 (n = 15,128), before the crisis, and in 2012 (n = 11,124), when its consequences had taken effect. The results of the regression analysis indicate a structural change in the relationship between ES and health. Health inequality patterns changed during the crisis, with increased deterioration in the health of unemployed, especially the long-term unemployed, and self-employed workers. Health inequalities were reduced for temporary workers. The results support the idea that the structure of the association between ES and health varies according to the economic cycle. The association between recession, ES, and health would be directly related to the specific characteristics of the economic and employment contexts under study. In the Spanish case, labor market segmentation processes based on numerical flexibility—a key feature of the Mediterranean Variety of Capitalism—may explain the results obtained.

O processo de subjetivação profissional durante os estágios supervisionados em psicologia

Internship is legally understood in Brazil as an overseen educational activity to be developed in a work setting aiming to prepare students to make productive work. According to the federal law number 11.788/08, its main aim is to provide students with competences directly related to the professional activity in a curricular context and to make students develop themselves to live as citizens and to work professionally. With a focus on the professionalizing internship, this research aimed at understanding the professional subjectiveness process of Psychology undergraduates at a public university in the state Minas Gerais during their internship and according to a critic perspective in schooling psychology. The importance of studying psychologist academic training above all the relationship between theory and practice is on the fact that the internship is his/her initial contact with the professional experience itself after four years of theoretical studies. Understood as a way of appropriating and internalizing theoretical and practical dimensions related to the psychologist profession and constructed by the individual, the concept of professional subjectiveness is viewed in the light of the cultural-historical theory, that is, as a result of the human being social constitution. Three Psychology s intern students and their respective overseers were interviewed during their internship period to talk about the process of professional constitution at this phase of the academic training. To do so, oral history proved to be an important methodological support, for it offers a means of giving voice to common people and letting them signify their multi-circumstantial experiences. Results reiterate the presence of subjectivity in the dynamics of an undergraduate training, but they showed that it is permeated by social relations established in his/her personal life story and professional trajectory, stemming from the professional choice, the relationship between intern and overseer, the professional activity properly considered, the psychotherapy, the rules, and from the institutionalization of knowledge, among others aspects that guide the professional subjectiveness during the internship. We verified that the training of a Psychology undergraduate includes multiple determinations that exceed the academic setting because it points out the breaking down of the professional dimensions and personal one dichotomy.

Histories and Historiographies of Juvenile Delinquency in Nineteenth-Century England

This thesis explores the history of juvenile delinquency in England during the decades bracketing the nineteenth century’s turn and how modern historians have analyzed this period. The purported birth of juvenile delinquency during this tumultuous period is widely attributed by both historians and Victorians to the explosive growth in England’s urban population. Contemporary statistics of criminal prosecutions confirmed emergent literary tropes that viewed childhoods spent on city streets as inevitably corrupting. Public policy and private charity for more than a century thereafter would recommend removal from the city’s corrupting cultural influences to a highly romanticized vision of rural space as healing innocence. This thesis challenges the juxtaposition of country and city on which such explanations of juvenile delinquency rest. Utilizing the neglected testimony of magistrates, constables, rural residents, and juvenile criminals themselves, it will demonstrate that rural England also suffered from increasing juvenile crime in this period. It will illuminate the complex social, economic, and political dynamics responsible for the oft-cited statistical gap between rural and urban arrest rates, showing that the latter were in neither case transparent measures of criminal activity. Crime was on the rise in English rural counties as transformed by industrial capitalism as were England’s booming cities, suggesting that historians who continue to emphasize the dichotomy between the city and the country have not only recycled a Victorian narrative but also limited their own understandings of the time.

Memory-Based Attentional Guidance: A Window to the Relationship between Working Memory and Attention

Attention, the cognitive means by which we prioritize the processing of a subset of information, is necessary for operating efficiently and effectively in the world. Thus, a critical theoretical question is how information is selected. In the visual domain, working memory (WM)—which refers to the short-term maintenance and manipulation of information that is no longer accessible by the senses—has been highlighted as an important determinant of what is selected by visual attention. Furthermore, although WM and attention have traditionally been conceived as separate cognitive constructs, an abundance of behavioral and neural evidence indicates that these two domains are in fact intertwined and overlapping. The aim of this dissertation is to better understand the nature of WM and attention, primarily through the phenomenon of memory-based attentional guidance, whereby the active maintenance of items in visual WM reliably biases the deployment of attention to memory-matching items in the visual environment. The research presented here employs a combination of behavioral, functional imaging, and computational modeling techniques that address: (1) WM guidance effects with respect to the traditional dichotomy of top-down versus bottom-up attentional control; (2) under what circumstances the contents of WM impact visual attention; and (3) the broader hypothesis of a predictive and competitive interaction between WM and attention. Collectively, these empirical findings reveal the importance of WM as a distinct factor in attentional control and support current models of multiple-state WM, which may have broader implications for how we select and maintain information.

Theory and Practice in Sustainability Science: Influence of Urban Form on the Urban Heat Island and Implications for Urban Systems

As the world population continues to grow past seven billion people and global challenges continue to persist including resource availability, biodiversity loss, climate change and human well-being, a new science is required that can address the integrated nature of these challenges and the multiple scales on which they are manifest. Sustainability science has emerged to fill this role. In the fifteen years since it was first called for in the pages of Science, it has rapidly matured, however its place in the history of science and the way it is practiced today must be continually evaluated. In Part I, two chapters address this theoretical and practical grounding. Part II transitions to the applied practice of sustainability science in addressing the urban heat island (UHI) challenge wherein the climate of urban areas are warmer than their surrounding rural environs. The UHI has become increasingly important within the study of earth sciences given the increased focus on climate change and as the balance of humans now live in urban areas.

In Chapter 2 a novel contribution to the historical context of sustainability is argued. Sustainability as a concept characterizing the relationship between humans and nature emerged in the mid to late 20th century as a response to findings used to also characterize the Anthropocene. Emerging from the human-nature relationships that came before it, evidence is provided that suggests Sustainability was enabled by technology and a reorientation of world-view and is unique in its global boundary, systematic approach and ambition for both well being and the continued availability of resources and Earth system function. Sustainability is further an ambition that has wide appeal, making it one of the first normative concepts of the Anthropocene.

Despite its widespread emergence and adoption, sustainability science continues to suffer from definitional ambiguity within the academe. In Chapter 3, a review of efforts to provide direction and structure to the science reveals a continuum of approaches anchored at either end by differing visions of how the science interfaces with practice (solutions). At one end, basic science of societally defined problems informs decisions about possible solutions and their application. At the other end, applied research directly affects the options available to decision makers. While clear from the literature, survey data further suggests that the dichotomy does not appear to be as apparent in the minds of practitioners.

In Chapter 4, the UHI is first addressed at the synoptic, mesoscale. Urban climate is the most immediate manifestation of the warming global climate for the majority of people on earth. Nearly half of those people live in small to medium sized cities, an understudied scale in urban climate research. Widespread characterization would be useful to decision makers in planning and design. Using a multi-method approach, the mesoscale UHI in the study region is characterized and the secular trend over the last sixty years evaluated. Under isolated ideal conditions the findings indicate a UHI of 5.3 ± 0.97 °C to be present in the study area, the magnitude of which is growing over time.

Although urban heat islands (UHI) are well studied, there remain no panaceas for local scale mitigation and adaptation methods, therefore continued attention to characterization of the phenomenon in urban centers of different scales around the globe is required. In Chapter 5, a local scale analysis of the canopy layer and surface UHI in a medium sized city in North Carolina, USA is conducted using multiple methods including stationary urban sensors, mobile transects and remote sensing. Focusing on the ideal conditions for UHI development during an anticyclonic summer heat event, the study observes a range of UHI intensity depending on the method of observation: 8.7 °C from the stationary urban sensors; 6.9 °C from mobile transects; and, 2.2 °C from remote sensing. Additional attention is paid to the diurnal dynamics of the UHI and its correlation with vegetation indices, dewpoint and albedo. Evapotranspiration is shown to drive dynamics in the study region.

Finally, recognizing that a bridge must be established between the physical science community studying the Urban Heat Island (UHI) effect, and the planning community and decision makers implementing urban form and development policies, Chapter 6 evaluates multiple urban form characterization methods. Methods evaluated include local climate zones (LCZ), national land cover database (NCLD) classes and urban cluster analysis (UCA) to determine their utility in describing the distribution of the UHI based on three standard observation types 1) fixed urban temperature sensors, 2) mobile transects and, 3) remote sensing. Bivariate, regression and ANOVA tests are used to conduct the analyses. Findings indicate that the NLCD classes are best correlated to the UHI intensity and distribution in the study area. Further, while the UCA method is not useful directly, the variables included in the method are predictive based on regression analysis so the potential for better model design exists. Land cover variables including albedo, impervious surface fraction and pervious surface fraction are found to dominate the distribution of the UHI in the study area regardless of observation method.

Chapter 7 provides a summary of findings, and offers a brief analysis of their implications for both the scientific discourse generally, and the study area specifically. In general, the work undertaken does not achieve the full ambition of sustainability science, additional work is required to translate findings to practice and more fully evaluate adoption. The implications for planning and development in the local region are addressed in the context of a major light-rail infrastructure project including several systems level considerations like human health and development. Finally, several avenues for future work are outlined. Within the theoretical development of sustainability science, these pathways include more robust evaluations of the theoretical and actual practice. Within the UHI context, these include development of an integrated urban form characterization model, application of study methodology in other geographic areas and at different scales, and use of novel experimental methods including distributed sensor networks and citizen science.

Embodied Prayer: the practice of prayer as Christian theology

This dissertation attempts to retrieve the integration of prayer and theology in the life of the church. Prayer is a spiritual and bodily theological activity that forms Christian identity and virtuous character. The bodily dimension of Christian prayer plays an essential role in theological understanding and moral formation. However, the embodiment of prayer has been mostly neglected in modern academic theology. This study highlights the significance of the body at prayer in theological studies and spiritual formation.

Chapter 1 presents Karl Barth’s theology of prayer as a model of the integration of prayer, theology, and Christian life (lex orandi, lex credendi, lex agendi). However, Barth’s attempt to overcome the dichotomy between theory and practice in theology did not pay much attention to embodiment of prayer. Through ritual studies and phenomenology (Marcel Mauss, Maurice Merleau-Ponty, and Pierre Bourdieu), chapter 2 shows why the bodily dimension of the practice of prayer should be recovered in theology and ministry; then it explains how Christians in the early and medieval church actually prayed with the body, how their bodily actions were understood in their theological paradigms, and how their actions contributed to the formation of Christian character. Chapter 3 narrows the focus to the formation of the heart in the making of Christian character. The practice of prayer has been emphasized not only as an expression of the inner heart of pray-ers but also as a channel of grace that shapes their affections as enduring dispositions of the heart. Furthermore, historically the bodily practice of prayer gave theological authority to the devout Christians who were marginalized in academic theology or ecclesiastical hierarchy, and Chapter 4 presents the lex orandi of praying women who gained their theological knowledge, wisdom, and authority through their exemplary practices of prayer (Catherine of Siena, Mechthild of Magdeburg, Julian of Norwich, Margery Kempe, and Teresa of Avila). These historical examples reveal how Christian communities appreciated and celebrated the theological voices from the margins, which developed from theological embodiments in prayer.

This dissertation concludes that academic theology needs to heed these diverse theological voices, which are nurtured through everyday practice, as an integral part of theological studies. Therefore, it calls for a new paradigm for understanding the relationship between theory and practice in theological education. The integration between theory and bodily practice is necessary for both academic theology and spiritual formation. A more holistic understanding of Christian practices will not only enhance the training of scholars and clergy but also give the laity their own theological voices that will enrich academic theology.

Critique féministe matérialiste du droit civil québécois : le travail « domestique » et les violences sexuées, les « impensés » du droit du logement.

Cette recherche constitue un essai de théorie critique féministe matérialiste et radicale. Elle poursuit principalement un objectif de dénonciation de la structure actuelle du droit du logement. À partir d’un cadre conceptuel fondé sur le féminisme matérialiste et radical, elle souhaite faire ressortir le point de vue de la classe des femmes dans l’habitation. Le droit du logement est ici utilisé dans un sens large, puisqu’il se réfère à la fois au logement comme phénomène juridique, mais aussi sociologique. À l’intérieur de la discipline juridique, il renvoie à l’ensemble des législations actuellement en vigueur au Québec en ce qui concerne la vie à domicile. Notre étude se concentre sur deux modes d’occupation des lieux, à travers le droit de propriété et le système locatif. Le droit au logement fait l’objet d’une reconnaissance internationale dans les textes portant sur les droits humains. Il est reconnu comme le « droit à un logement suffisant ». Au Canada et au Québec, il ne fait pas l’objet d’une reconnaissance explicite, malgré les engagements pris sur la scène internationale. Un portrait statistique, appuyé sur le critère du sexe, permet de mettre en évidence qu’il existe des écarts entre les hommes et les femmes en ce qui concerne la mise en application du droit du logement. Les femmes accèdent plus difficilement à un logement; elles y effectuent la majorité du travail domestique, de service et de « care » et elles sont les principales victimes des violences commises à domicile. Dans le système d’habitation, l’expérience des femmes se comprend comme une appropriation à la fois privée et collective par la classe des hommes, telle que réfléchie par Colette Guillaumin, qui se concentre autour de la division sexuelle du travail et des violences sexuées. Le droit du logement, dans sa forme actuelle, repose sur l’appropriation de la force de travail des femmes et de leur corps. Ces deux critères permettent de construire une grille d’analyse féministe matérialiste et radicale pour analyser la structure du droit du logement, tel que conçu en droit civil. Cette analyse féministe permet également de situer le droit étatique comme une pratique patriarcale. Cette dernière contribue à assurer le maintien du système d’habitation, qui est assimilable à un système hégémonique, au sens développé par Gramsci. Cette étude réfléchit sur le droit du logement dans le climat politique néolibéral. Le néolibéralisme est développé comme une idéologie qui impose une rationalité marchande à l’ensemble des politiques étatiques. À partir d’une méthode décrite comme métathéorique externe radicalement réflexive, puisqu’elle propose l’importation d’outils conceptuels étrangers à la discipline du droit moderne, nous réfléchissons de manière radicale la construction du droit civil et des institutions qui encadrent le droit du logement. La collecte des données s’effectue à partir de la recherche documentaire. Quatre institutions du droit civil seront examinées dans le détail, soit le sujet du droit, la dichotomie privé/public, la médiation du droit du logement par les biens immeubles, à travers le rapport contractuel et le droit de propriété, et finalement les notaires. L’analyse féministe du sujet du droit insiste sur un paradoxe. D’une part, l’universalité présumée de ce sujet, laquelle permet de poser l’égalité et la liberté pour toutes les personnes juridiques. Or, plutôt que d’être neutre sexuellement comme le prétend le droit positif, nous démontrons comment ce sujet est constamment un membre de la classe des hommes. D’autre part, nous analysons comment le droit reconnaît le sexe de ses sujets, mais surtout comment cette sexualité est construite sur l’idéologie naturaliste. Ce modèle de sujet masculin est fondamental dans la construction du droit du logement. L’étude féministe de la dichotomie privé/public en fait ressortir le caractère situé. En effet, si par essence aucun domaine ou enjeu n’est en soit privé ou public, le processus de qualification, lui, est un acte de pouvoir. Nous verrons comment le droit civil crée des zones de droit privé, comprises comme des zones de non-droit pour les femmes. La qualification de privé dévalue également le travail accompli par cette classe de sexe. Le droit du logement est pourtant centré sur le rapport contractuel et sur le droit de propriété. Il importe alors d’examiner la nature du consentement donné par les femmes comme groupe social dans les contrats de vente et de location. Ces contrats ne prennent pas en compte l’expérience des femmes dans leur formation. Les catégories qui y sont attachées, telles que vendeur.e ou locataire, représentent le point de vue de la classe des hommes. Bien que la popularité de la copropriété auprès de la classe des femmes semble porteuse d’un vent de changement, nous analysons comment le discours dominant qui l’entoure instrumentalise certaines revendications féministes, tout en laissant dans l’ombre la question du travail domestique et des violences sexuées. Finalement, nous nous intéressons aux notaires en les repensant comme des intellectuel.les organiques, tels que conçu.es par Gramsci, pour la classe des hommes. Cette fonction d’intellectuel.les permet de mettre en lumière comment chaque transaction immobilière favorise la reproduction des intérêts patriarcaux, remettant ainsi en question la nature des devoirs de conseil et d’impartialité du notariat. À la lumière de cette analyse, le Code civil du Québec est qualifié dans une perspective féministe matérialiste et radicale pour devenir un système qui institutionnalise l’appropriation des femmes par l’entremise du droit du logement. Ce travail de recherche permet d’envisager certaines pistes de réflexion pour des rénovations potentielles des pratiques juridiques entourant le droit du logement, notamment la pratique notariale, tournées vers des objectifs féministes de justice sociale.