852 resultados para critical legal theory


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Alors que dans ses précédents travaux, Axel Honneth se proposait de reconstruire la Théorie critique, dans le cadre d’une nouvelle philosophie sociale, soutenue par le concept hégélien de reconnaissance, une réorientation fut observée dans le contenu de son plus récent ouvrage : Le droit de la liberté : Esquisse d’une éthicité démocratique. En ayant auparavant pris appui sur la théorie de la reconnaissance, il tente désormais d’utiliser une méthode similaire, mais en dressant cette fois-ci un cadre descriptif qui s’articule autour du concept de liberté. Pour y parvenir, il met en lumière les limites des libertés morales et juridiques, pour proposer une liberté sociale comme thérapie, qu’il décline sous les trois formes du « « nous » des relations personnelles », du « « nous » de l’agir à l’oeuvre dans l’économie de marché », puis du « « nous » de la formation démocratique de la volonté ». L’objet de notre recherche est donc de dresser un bilan critique de cette oeuvre, puis de tenter de cerner, en mettant cette conception honnethienne de la liberté en dialogue avec d’autres auteurs, si Axel Honneth a pu laisser certaines zones d’ombre ou angles morts au passage.

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The focus of this paper is a critical review of the impact of globalisation on international higher education at my own institution, the University of East London (UEL), where I am Programme Leader for LLB (Hons) Law, an undergraduate qualifying law degree. Globalisation, along with internationalisation, has been one of the forces that have most changed the educational landscape in this country over the last two decades. Although closely related to each other, globalisation and internationalisation are usually regarded as distinct forces – the former being defined as the economic, political, and societal forces pushing twenty-first-century higher education towards greater international involvement, while the latter describes the policies and practices of higher education developed to deal with this. Whilst these phenomena have wide implications for higher education as a whole, they present opportunities and challenges that are very specific both to an institution like UEL, which has a high proportion of students from international backgrounds, and to my own discipline, law, which has an increasingly global profile in terms of both legal education and professional practice.

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As a teacher educator I consider myself an advocate for research-informed education, and strongly believe that it starts with one’s own critical self-reflection and analysis of one’s own teaching practice. Critical incident analysis is a pedagogical theory developed by Tripp (1993), whose analytical approaches allow reflection on teaching situations – ‘the critical incident’ – so that teachers can develop their professional judgments and practices. This article examines the concept of critical incident analysis through a teaching situation, with the aim of improving the teaching practice of students on teacher education programmes. I conclude that although critical incident analysis is a useful tool in navigating teaching practices, often challenges need to be addressed at much broader levels than the teaching context itself.

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Critical pedagogy is a transformation-based approach to education. The aim of this article is to introduce the origin, vision, action and consequences of critical pedagogy. It also aims on finding out about educators’ possibility of actualising it in their practice. As a source materials articles, book chapters and books are used. The literature shows that critical pedagogy has its origin in the tradition of critical theory of the Frankfurt School and the work of the Brazilian pedagog Paulo Freire. According to the literature, its major theses is that education should go beyond transfer of knowledge and training the future labour force; to help developing critical consciousness, which leads to transformation of the individual, learning environment and society at large. Critical pedagogy is criticised for a focus on macro level system, for not having a model for classroom implementation and for being abstract. Despite some critics, I argue that critical pedagogy has still the potential to empower those in the field of education to increase their consciousness about the injustice in their society and to involve in transforming it.   Keywords: Critical pedagogy, critical thinking, critical theory, dialogue, Frankfurt School, transformation.

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In this thesis the critical dynamics of several magnetoelectric compounds at their phase transition were examined. Mostly measurements of the dielectric properties in the frequency range of below 1 Hz up to 5 GHz were employed to evaluate the critical exponents for both magnetic field and temperature-dependent measurements. Most of the materials that are part of this work show anomalous behavior, especially at very low temperatures where quantum fluctuations are of the order of or even dominate those induced thermally. This anomalous behavior manifests in different forms. In Dy2Ti2O7 we demonstrate the existence of electric dipoles on magnetic monopoles. Here the dynamics at the critical endpoint located at 0.36K and in a magnetic field of 1T parallel to the [111] direction are of special interest. At this critical endpoint the expected critical slowing down of the dynamics could not only not be observed but instead the opposite, critical speeding-up by several orders of magnitude, could be demonstrated. Furthermore, we show that the phase diagram of Dy2Ti2O7 in this field direction can be reproduced solely from the dynamical properties, for example the resonance frequency of the observed relaxation that is connected to the monopole movement. Away from this point of the phase diagram the dynamics are slowing-down with reduction of temperature as one would expect. Additional measurements on Y2Ti2O7, a structurally identical but non-magnetic material, show only slowing down with reduction of temperature and no additional features. A possible explanation for the observed critical speeding-up is a coherent movement of magnetic monopoles close to the critical field that increases the resonance frequency by reducing the damping of the process. LiCuVO4 on the other hand behaves normally at its phase transition as long as the temperature is higher than 0.4 K. In this temperature regime the dynamics show critical slowing-down analogous to classical ferroelectric materials. This analogy extends also towards higher frequencies where the permittivity displays a ‘dispersion’ minimum that is temperature-dependent but of the order of 2 GHz. Below 0.4K the observed behavior changes drastically. Here we found no longer relaxational behavior but instead an excitation with very low energy. This low energy excitation was predicted by theory and is caused by nearly gapless soliton excitations within the 1D Cu2+ chains of LiCuVO4. Finally, in TbMnO3 the dynamics of the phase transition into the multiferroic phase was observed at roughly 27 K, a much higher temperature compared to the other materials. Here the expected critical slowing-down was observed, even though in low-frequency measurements this transition into the ferroelectric phase is overshadowed by the so-called c-axis relaxation. Therefore, only frequencies above 1MHz could be used to determine the critical exponents for both temperatureand magnetic-field-dependent measurements. This was done for both the peak frequency as well as the relaxation strength. In TbMnO3 an electromagnetic soft-mode with small optical weight causes the observed fluctuations, similar to the case of multiferroic MnWO4.

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Coronal jets represent important manifestations of ubiquitous solar transients, which may be the source of significant mass and energy input to the upper solar atmosphere and the solar wind. While the energy involved in a jet-like event is smaller than that of “nominal” solar flares and coronal mass ejections (CMEs), jets share many common properties with these phenomena, in particular, the explosive magnetically driven dynamics. Studies of jets could, therefore, provide critical insight for understanding the larger, more complex drivers of the solar activity. On the other side of the size-spectrum, the study of jets could also supply important clues on the physics of transients close or at the limit of the current spatial resolution such as spicules. Furthermore, jet phenomena may hint to basic process for heating the corona and accelerating the solar wind; consequently their study gives us the opportunity to attack a broad range of solar-heliospheric problems.

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This thesis examines the effect of combating of human trafficking as a crime. Special emphasis has been placed on forced labour and the rights of trafficked victims and their protection. The study explores various legislations undertaken at regional, national and international levels and considers rights of trafficked victims under international human rights and Islamic rights. The aim of the thesis is to provide a critical and comparative analysis of the legal systems of the Kingdom of Saudi Arabia (KSA) and the United Kingdom (UK) in terms of human trafficking. The thesis consists of eight chapter; each covering a different aspect of the study. It begins by providing background information regarding the issue of human trafficking and proceeds to examine developments of legal frameworks across the two jurisdictions to combat this crime and penalize the criminals. It seeks to examine the legal system pertaining to human trafficking for forced labour and analyse the three distinct platforms, that is, prevention, protection, and punishment, by comparing the legal systems of the KSA and the UK. The examination of both countries aims to identify the strength and weaknesses of the KSA system as compared to the UK system. Thus, it concludes that the KSA can improve its ranking from Tier 2 watch list to Tier 1 if reforms are introduced in the legislation and enforcement domains. The study also demonstrates how the UK and the KSA portray ‘human trafficking’ in their regional laws. A problem often faced during the information-gathering and investigation stages is the lack of available evidence against traffickers, a particular issue in the KSA. The thesis concludes that the transnational aspect of this phenomenon makes it necessary to establish a thorough and comprehensive legal framework to cover all matters pertaining to this crime, including the protection of victims and punishment of criminals in the KSA and the UK, including immigration and ‘kafala’ strategies that may be of value in future researches.

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The main thesis of this article is that the increasing recourse to the use of unmanned aerial systems in asymmetric warfare and the beginning routinization of U.S. drone operations represent part of an evolutionary change in the spatial ordering of global politics -- Using a heuristic framework based on actor-network theory, it is argued that practices of panoptic observation and selective airstrikes, being in need of legal justification, contribute to a reterritorialization of asymmetric conflicts -- Under a new normative spatial regime, a legal condition of state immaturity is constructed, which establishes a zone of conditional sovereignty subject to transnational aerial policing -- At the same time, this process is neither a deterministic result of the new technology nor a deliberate effect of policies to which drones are merely neutral instruments -- Rather, military technology and political decisions both form part of a long chain of action which has evolved under the specific circumstances of recent military interventions

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This dissertation demonstrates an explanation of damage and reliability of critical components and structures within the second law of thermodynamics. The approach relies on the fundamentals of irreversible thermodynamics, specifically the concept of entropy generation due to materials degradation as an index of damage. All failure mechanisms that cause degradation, damage accumulation and ultimate failure share a common feature, namely energy dissipation. Energy dissipation, as a fundamental measure for irreversibility in a thermodynamic treatment of non-equilibrium processes, leads to and can be expressed in terms of entropy generation. The dissertation proposes a theory of damage by relating entropy generation to energy dissipation via generalized thermodynamic forces and thermodynamic fluxes that formally describes the resulting damage. Following the proposed theory of entropic damage, an approach to reliability and integrity characterization based on thermodynamic entropy is discussed. It is shown that the variability in the amount of the thermodynamic-based damage and uncertainties about the parameters of a distribution model describing the variability, leads to a more consistent and broader definition of the well know time-to-failure distribution in reliability engineering. As such it has been shown that the reliability function can be derived from the thermodynamic laws rather than estimated from the observed failure histories. Furthermore, using the superior advantages of the use of entropy generation and accumulation as a damage index in comparison to common observable markers of damage such as crack size, a method is proposed to explain the prognostics and health management (PHM) in terms of the entropic damage. The proposed entropic-based damage theory to reliability and integrity is then demonstrated through experimental validation. Using this theorem, the corrosion-fatigue entropy generation function is derived, evaluated and employed for structural integrity, reliability assessment and remaining useful life (RUL) prediction of Aluminum 7075-T651 specimens tested.

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Over the last decade, a new idea challenging the classical self-non-self viewpoint has become popular amongst immunologists. It is called the Danger Theory. In this conceptual paper, we look at this theory from the perspective of Artificial Immune System practitioners. An overview of the Danger Theory is presented with particular emphasis on analogies in the Artificial Immune Systems world. A number of potential application areas are then used to provide a framing for a critical assessment of the concept, and its relevance for Artificial Immune Systems.

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This study is concerned with the significance of Jungian and post-Jungian theory to the development of the contemporary Western Goddess Movement, which includes the various self-identified nature-based, Pagan, Goddess Feminism, Goddess Consciousness, Goddess Spirituality, Wicca, and Goddess-centred faith traditions that have seen a combined increase in Western adherents over the past five decades and share a common goal to claim Goddess as an active part of Western consciousness and faith traditions. The Western Goddess Movement has been strongly influenced by Jung’s thought, and by feminist revisions of Jungian Theory, sometimes interpreted idiosyncratically, but presented as a route to personal and spiritual transformation. The analysis examines ways in which women encounter Goddess through a process of Jungian Individuation and traces the development of Jungian and post-Jungian theories by identifying the key thinkers and central ideas that helped to shape the development of the Western Goddess Movement. It does so through a close reading and analysis of five biographical ‘rebirth’ memoirs published between 1981 and 1998: Christine Downing’s (1981) The Goddess: Mythological Images of the Feminine; Jean Shinoda Bolen’s (1994) Crossing to Avalon: A Woman’s Midlife Pilgrimage; Sue Monk Kidd’s (1996) The Dance of the Dissident Daughter: A Woman’s Journey from Christian Tradition to the Sacred Feminine; Margaret Starbird’s (1998) The Goddess in the Gospels: Reclaiming the Sacred Feminine; and Phyllis Curott’s (1998) Book of Shadows: A Modern Woman’s Journey into the Wisdom of Witchcraft and the Magic of the Goddess. These five memoirs reflect the diversity of the faith traditions in the Western Goddess Movement. The enquiry centres upon two parallel and complementary research threads: 1) critically examining the content of the memoirs in order to determine their contribution to the development of the Goddess Movement and 2) charting and sourcing the development of the major Jungian and post-Jungian theories championed in the memoirs in order to evaluate the significance of Jungian and post-Jungian thought in the Movement. The aim of this study was to gain a better understanding of the original research question: what is the significance of Jungian and post-Jungian theory for the development of the Western Goddess Movement? Each memoir is subjected to critical review of its intended audiences, its achievements, its functions and strengths, and its theoretical frameworks. Research results offered more than the experiences of five Western women, it also provided evidence to analyse the significance of Jungian and post-Jungian theory to the development of the Western Goddess Movement. The findings demonstrate the vital contributions of the analytical psychology of Carl Jung, and post-Jungians M Esther Harding, Erich Neumann, Christine Downing, E.C. Whitmont, and Jean Shinoda Bolen; the additional contributions of Sue Monk Kidd, Margaret Starbird, and Phyllis Curott, and exhibit Jungian and post-Jungian pathways to Goddess. Through a variety of approaches to Jungian categories, these memoirs constitute a literature of Individuation for the Western Goddess Movement.

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Relatório EPE - Relatório de estágio em Educação Pré-Escolar: O presente relatório de estágio foi elaborado no âmbito da unidade curricular de Prática Pedagógica Supervisionada, integrada no Mestrado em Educação Pré – Escolar e Ensino do 1º Ciclo do Ensino Básico da Escola Superior de Educação do Instituto Politécnico do Porto. O estágio realizou-se no Jardim de Infância Gaia 13 que abarca crianças desde os 3 aos 6 anos de idade. A interação com a instituição e com o grupo de crianças e equipa educativa foi feita de modo progressivo, de modo a que as atividades planificadas e o projeto curricular de grupo construído, fossem ao encontro das características do contexto e do grupo de crianças. Desde o início da prática pedagógica que se construíram planificações semanais, que tinham como pressuposto a identificação das necessidades de desenvolvimento das crianças, bem como os seus interesses, os objetivos, os resultados de aprendizagem e os recursos pedagógicos, integrados no plano de ação. O trabalho desenvolvido teve por base a metodologia de investigação–ação, através de uma articulação entre a teoria e a prática, com a intenção de proporcionar competências profissionais na mestranda tais como: ser capaz de mobilizar vários saberes científicos e pedagógicos correspondentes à educação pré – escolar; ser capaz de desenvolver estratégias pedagógicas diferenciadas; construir uma atitude reflexiva de caráter indagador. Todo este processo contribuiu para a idealização de uma identidade profissional, em construção permanente, numa expectativa de aprendizagem ao longo da vida.