Immigration, security and the public debate on US language policy : a critical discourse analysis of language attitudes in the United States of America

The narrative of the United States is of a "nation of immigrants" in which the language shift patterns of earlier ethnolinguistic groups have tended towards linguistic assimilation through English. In recent years, however, changes in the demographic landscape and language maintenance by non-English speaking immigrants, particularly Hispanics, have been perceived as threats and have led to calls for an official English language policy.This thesis aims to contribute to the study of language policy making from a societal security perspective as expressed in attitudes regarding language and identity originating in the daily interaction between language groups. The focus is on the role of language and American identity in relation to immigration. The study takes an interdisciplinary approach combining language policy studies, security theory, and critical discourse analysis. The material consists of articles collected from four newspapers, namely USA Today, The New York Times, Los Angeles Times, and San Francisco Chronicle between April 2006 and December 2007.Two discourse types are evident from the analysis namely Loyalty and Efficiency. The former is mainly marked by concerns of national identity and contains speech acts of security related to language shift, choice and English for unity. Immigrants are represented as dehumanised, and harmful. Immigration is given as sovereignty-related, racial, and as war. The discourse type of Efficiency is mainly instrumental and contains speech acts of security related to cost, provision of services, health and safety, and social mobility. Immigrants are further represented as a labour resource. These discourse types reflect how the construction of the linguistic 'we' is expected to be maintained. Loyalty is triggered by arguments that the collective identity is threatened and is itself used in reproducing the collective 'we' through hegemonic expressions of monolingualism in the public space and semi-public space. The denigration of immigrants is used as a tool for enhancing societal security through solidarity and as a possible justification for the denial of minority rights. Also, although language acquisition patterns still follow the historical trend of language shift, factors indicating cultural separateness such as the appearance of speech communities or the use of minority languages in the public space and semi-public space have led to manifestations of intolerance. Examples of discrimination and prejudice towards minority groups indicate that the perception of worth of a shared language differs from the actual worth of dominant language acquisition for integration purposes. The study further indicates that the efficient working of the free market by using minority languages to sell services or buy labour is perceived as conflicting with nation-building notions since it may create separately functioning sub-communities with a new cultural capital recognised as legitimate competence. The discourse types mainly represent securitising moves constructing existential threats. The perception of threat and ideas of national belonging are primarily based on a zero-sum notion favouring monolingualism. Further, the identity of the immigrant individual is seen as dynamic and adaptable to assimilationist measures whereas the identity of the state and its members are perceived as static. Also, the study shows that debates concerning language status are linked to extra-linguistic matters. To conclude, policy makers in the US need to consider the relationship between four factors, namely societal security based on collective identity, individual/human security, human rights, and a changing linguistic demography, for proposed language intervention measures to be successful.

Design and assessment of a large commercial Photovoltaic System in Barbados

One of the main aims of this thesis is to design an optimized commercial Photovoltaic (PV) system in Barbados from several variables such as racking type, module type and inverter type based on practicality, technical performance as well as financial returns to the client. Detailed simulations are done in PVSYST and financial models are used to compare different systems and their viability. Once the preeminent system is determined from a financial and performance perspective a detailed design is done using PVSYST and AutoCAD to design the most optimal PV system for the customer. In doing so, suitable engineering drawings are generated which are detailed enough for construction of the system. Detailed cost with quotes from relevant manufacturers, suppliers and estimators become instrumental in determining Balance of System Costs in addition to total project cost. The final simulated system is suggested with a PV capacity of 425kW and an inverter output of 300kW resulting in an array oversizing of 1.42. The PV system has a weighted Performance Ratio of 77 %, a specific yield of 1467 kWh/kWp and a projected annual production of 624 MWh/yr. This system is estimated to offset approximately 28 % of Carlton’s electrical load annually. Over the course of 20 years the PV system is projected to produce electricity at a cost of $0.201USD/kWh which is significantly lower than the $0.35 USD/kWh paid to the utility at the time of writing this thesis. Due to the high cost of electricity on the island, an attractive Feed-In-Tariff is not necessary to warrant the installation of a commercial System which over a lifetime which produces electricity at less than 60% of the cost to the user purchasing electricity from the utility. A simple payback period of 5.4 years, a return on investment of 17 % without incentives, in addition to an estimated diversion of 6840 barrels of oil or 2168 tonnes of CO2 further provides compelling justification for the installation of a commercial Photovoltaic System not only on Carlton A-1 Supermarket, but also island wide as well as regionally where most electricity supplies are from imported fossil fuels.

Utmaningen från andra berättelser : En studie om moraliskt omdöme, utvidgat tänkande och kritiskt reflekterande berättelser i dialogbaserad feministisk etik

The present study has a threefold aim: First, the theoretical aim is to give a contribution to refinement of the theory of dialogue based feminist ethics, concerning the understanding of judgment and narration within such an ethics.  The study also has an empirical aim, defined as to clarify what kind of knowledge, relevant to the moral judgment of an engaged outsider actor, can be received from dialogical interpretation and analysis of a limited selection of critically reflecting life stories. Third, a methodological aim is defined as to develop an approach to interpretation and analysis of reflecting life stories, which renders the storyteller visible as a reflecting moral subject, and makes the story accessible as a source of knowledge for the moral judgment of an engaged outsider actor. The thesis combines philosophical reflection and argumentation, with a narrative-hermeneutic method for interpretation of life stories, relating the two to each other in a hermeneutic process.  The theoretical reflection draws on Seyla Benhabibs theory of communicative ethics. A dialogue based model for moral justification and a likewise dialogue based model for political legitimacy are at the heart of this universalistic theory, although in combination with a conception of a narratively and hermeneutically constituted context sensitive moral judgment, based on Hannah Arendt’s concept “enlarged thought”. In the reflection, this model is related to other feminist theorizing within the tradition of dialogue based feminist ethics, as found in the works of Iris M. Young, Georgia Warnke and Shari Stone-Mediatore. The empirical study draws on three critically reflecting life stories from Israeli-Palestinian women activists for a just peace. The methodology for interpretation and analysis that is worked out combines dialogical interpretation as presented in Arthur W. Frank’s socio-narratology with a method for structural analysis derived from Shari Stone-Mediatores theory of storytelling as an expression of political resistance struggle. The results show that some stories drawing on marginalized experiences have a potential­ to stimulate further public debate through their capacity to enable a stereoscopic seeing, elucidating a tension between ideologically structured discourse and non-linguistic experience; implying that narrative-hermeneutic competence should be considered crucial for public debate.  

Privacy law in Australia

This book begins by examining the nature and scope of the right to privacy and the moral basis and status: What is privacy? What interests does it affect and protect? Is there a justification for the right?
It discusses the relevant legal regime in all Australian jurisdictions. It covers the extent to which privacy has been protected under common law and equity and then weaves these principles into the statutory discussion of privacy. It focusses specifically on the most important areas of privacy protection - medical records, communications, criminal investigations and DNA, employment, territory, etc. Finally, it examines how the law may develop in the future.

What sort of mandatory penalties should we have?

The argument in favour of a widespread fixed penalty regime - adopting a primary rationale for punishment would facilitate a more coherent and exacting approach to sentencing - the central objections against fixed penalties are that they are too severe and lead to unfairness because they are unable to incorporate all the relevant sentencing variables - by adopting a utilitarian ethic as the primary rationale for punishment, these problems can be circumvented - no utilitarian justification for disproportionate punishment, and penalties should not exceed the seriousness of the offence - no foundation for most sentencing considerations - by disregarding irrelevant considerations, the remaining can be incorporated into a fixed penalty system - the way would then be open for a coherent sentencing law system in which criminal justice is governed by pre-determined rules and principles as opposed to the intuition of sentencers.

The desirability of criminal penalties for breaches of part IV of the trade practices act

Following the introduction of criminal sanction, including jail terms, for hard core cartelisation in the United Kingdom, the Dawson Review has recently recommended that criminal penalties be introduced in Australia for individuals and corporations found to have engaged in hard core cartels. A number of reasons have been advanced to justify the introduction of criminal sanctions for this type of conduct, the most common of which are that it would bring Australia in line with other competition regimes and that criminal sanctions are more likely to provide an effective deterrent. This article evaluates those reasons, and others, to determine whether there is any adequate justification for the proposed criminal regime.

Provocation: the ongoing subservience of principle to tradition

The defence of provocation has been highly criticised. Most
commentators argue that the defence i" misguided. There does not appear
to be any community pressure to preserve the defence. Despite this,
legislatures are reluctant to abolish provocation as a partial defence to,
murder. This article examines the underlying rationale for tile defence. I1
concludes that the defence is founded on a flaw~ed assumption about
human nature-that people are captive to some of their emotional states.
It is also argued that the convoluted and confusing (if not confused) test
for provocation is evidence of the unsound nature of the defence-it is
simply a case of not being able to develop a feasible (and candid) principle
for a doctrine that is devoid of a sound justification.

The problem of voluntariness: parents and the anti-discrimination principle

Examines the theoretical justifications for the anti-discrimination protection for working parents in Australia. Implication of discrimination, voluntaries and employment; Analysis of the tort principles; Factors affecting the justification for protecting working parents.

The right to privacy: appealing, but flawed

The right to privacy is not recognised at common law. However, like many  other rights, it has gained increasing prominence and legal recognition  since the explosion in rights-based normative discourse following the  Second World War. Rights-based moral theories are appealing because their language is individualising; promising to expand the sphere of liberty and protection offered to people. It is therefore not surprising that we as  individuals are attracted to such theories - they allow us a vehicle through  which we can project our wishes and demands onto the community. While in abstract the right to privacy sounds appealing, it has many potential  disadvantages. This article examines the justification for the right to privacy. It argues that either the right is illusory (devoid of an overarching doctrinal rationale) or at its highest the right to privacy is an insignificant right - one which should rarely trump other interests. It follows that there is a need to re-assess the desirability of introducing a separate cause of action protecting privacy interests.

Positive psychology and the demise of defamation

Defamation is one of the more complex and fluid areas of the law and varies considerably across the Australian jurisdictions. There are moves to unify defamation law. The threshold issue that is raised in any such process is whether there is in fact a justification for continuation of defamation law. Recent advances in happiness studies and positive psychology suggest that the chief interest protected by defamation law, reputation, is over-rated and is not in fact conducive to human well-being. What others think of us is not relevant to our well-being. Anecdotally it seems that people spend much time and energy in a bid to impress others in the hope that they will grow in the estimation of others and the world at large. Hence, the results of the studies into human well-being so far as reputation is concerned may appear counter-intuitive. Nevertheless, the studies are far more convincing than lay assumptions. People are often wrong about what is in their interests. This is recognised in the concept of regret. Individuals yearn for some things, but sometimes when they acquire them they discover that the journey was wasted. Reputation is one such thing. Defamation law perpetuates the myth that reputation is intrinsically important. Defamation should be abolished. In its place, a new cause of action should be introduced whereby damages are awardable for misleading and deceptive communications which cause damage to the individual who is the subject of the communication. This cause of action should be modelled on the misleading and deceptive conduct provisions of the Trade Practices Act 1974 (Cth).

The philosopher's courtly love? Leo Strauss, Eros, and the law

This essay poses a critical response to Strauss' political philosophy that takes as its primary object Strauss' philosophy of Law. It does this by drawing on recent theoretical work in psychoanalytic theory, conceived after Jacques Lacan as another, avowedly non-historicist theory of Law and its relation to eros. The paper has four parts. Part I, `The Philosopher's Desire: Making an Exception, or “The Thing Is...''', recounts Strauss' central account of the complex relationship between philosophy and `the city'. Strauss' Platonic conception of philosophy as the highest species of eros is stressed, which is that aspect of his work which brings it into striking proximity with the Lacanian-psychoanalytic account of the dialectic of desire and the Law. Part II, `Of Prophecy and Law', examines Strauss' analysis of Law as first presented in his 1935 book, Philosophy and Law, and central to his later `rebirth of classical political philosophy'. Part III, `Primordial Repression and Primitive Platonism', is the central part of the paper. Lacan's psychoanalytic understanding of Law is brought critically to bear upon Strauss' philosophy of Law. The stake of the position is ultimately how, for Lacanian psychoanalysis, the Law is transcendental to subjectivity, and has a founding symbolic force, which mitigates against speaking of it solely or primarily in terms of more or less inequitable `rules of thumb', as Plato did. Part IV, `Is the Law the Thing?' then asks the question of what eros might underlie Strauss' paradoxical defense of esoteric writing in the age of `permissive' modern liberalism - that is, outside of the `closed' social conditions which he, above all, alerts us to as the decisive justification for this ancient practice.

More dominant in their inactivity: consumer response and the adoption of digital TV in Australia

After much hesitation, discussion, and power brokering, Australia adopted digital TV for its Free-to air broadcasting on January 1, 2001. However, by December 2002, only a few thousand homes had adopted the technology. This paper examines the implementation and regulation of digital TV in Australia from the point of view of the ‘established base’ the new technology will replace, theories on diffusion and innovation of new technologies, and the Justification Model, which sees technology choice as social gambling. It then evaluates the various protectionist regulations and limitations imposed on the technology to safeguard the various stakeholders, the implementation strategies used, lack of digital content, marketing efforts, negative media coverage, and the economic realities of the technology, and argues that if consumers reject the technology altogether, it would lead to Australia missing the future applications of digital technology and the opportunity to address the issue of the ‘digital divide’ in the 21st century.

A preliminary examination of public opinion in Australia on the use of biometric devices or identifiers in everyday life

Since the September 11,2001 terrorist attacks in New York City, many countries including Australia have been able to justify the use of biometric devices for identification and surveillance of their own citizens and others in the name of national security.

This paper reports on the preliminary findings of a survey that examined Australians' views and experiences with the use of biometric devices in everyday situations in the context of their potential to serve as a 'Panopticon' to keep the nation's citizenry under surveillance. It discusses the adoption of the new communication technology from the point of view of the Justification model that sees technology choice as social
gambling and the pluralist view of technology that sees technology as neutral in itself but as having negative or positive effects on society based on how It is used.

The paper proposes the need for Australian society to balance citizens' right to privacy and civil liberties with the right to stay alive and safe from terrorism and how it may be done with the necessary legal and regulator)' safeguards.

Progressive discourse in mathematics classes - the task of the teacher

This paper uses data from two mathematics lessons to explore the nature of progressive discourse and examine critical features of teacher actions that contribute to mathematics classrooms functioning as communities of inquiry. Features found to promote progressive discourse include a focus on the conceptual elements of the curriculum and the use of complex, challenging tasks that problematised the curriculum; the orchestration of student reporting to allow all students to contribute to progress towards the community's solution to the problem; and a focus on seeking, recognizing, and drawing attention to mathematical reasoning and justification, and using this as a basis for learning.

Che Vuoi? Politico-philosophical remarks on Leo Strauss' Spinoza

Rumors surrounding the Hebraic-American classical philosopher Leo Strauss’ supposed influence on leading neoconservative politicians and commentators make reconsidering Leo Strauss’ thought and legacy a philosophical task of the first political importance today. A host of articles have appeared by students and (more recently) books by Stephen Smith (2006), Heinrich Meier (2006) and Catherine and Michael Zuckert (2006). This essay is proffered as a critical contribution, by a non-Straussian student, to this literature. Its methodology and justification is to return to and reconsider Strauss’ earliest works, on the ‘political theology’ of Benedict de Spinoza. The paper argues two theses. The first is that the popular depiction of Strauss as an esoteric Nietzschean hiding behind a ‘noble’ classical or theological veneer importantly misses the mark. The second is that Strauss’ early work shows his proximity, via Jacobi, to the Heideggerian disclosure of the groundless grounds of philosophical reason, given which one must extra-rationally choose reason over faith. One striking implication of this argument, in the contemporary political climate, is to underscore the unlikely convergence between the philosophical sources of neoconservative and the ‘post-structuralist’ thought associated with much of the intellectual left in France and the Anglophone world. Yet in contrast to the widespread image of Strauss, I argue that the mature Strauss’ continuing commitment to this decisionistic framework is in fact most clear is his ‘exoteric,’ public statements on religion – i.e. it is not the ‘esoteric’ purloined letter Strauss’ critics seek out. The reason for Strauss’ continuing public advocacy of the impossibility of reason’s disproving faith, I propose, highlights the primarily political (versus philosophical) nature of this turn: in Strauss’ conservative acceptance of the political necessity of religion for social order, framed in terms of a revised commitment to the ‘medieval’ (versus modern) enlightenment of Maimonides and Farabi.