876 resultados para Judicial activism
Resumo:
Investigating the recent direct action campaigns against genetically modified crops in France and the United Kingdom, the authors set out to understand how contrasting judicial systems and cultures affect the way that activists choose to commit ostensibly illegal actions and how they negotiate the trade-offs between effectiveness and public accountability. The authors find evidence that prosecution outcomes across different judicial systems are consistent and relatively predictable and consequently argue that the concept of a “judicial opportunity structure” is useful for developing scholars’ understanding of social movement trajectories. The authors also find that these differential judicial opportunities cannot adequately account for the tactical choices made by activists with respect to the staging of covert or overt direct action; rather, explanations of tactical choice are better accounted for by movement ideas, cultures, and traditions.
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Police-suspect interviews in England & Wales are a multi-audience, multi-purpose, transcontextual mode of discourse. They are conducted as part of the initial investigation into a crime, but are subsequently recontextualised through the judicial process, ultimately being presented in court as evidence against the interviewee. The communicative challenges posed by multiple future audiences are investigated by applying Bell’s (1984) audience design model to the police interview, and the resulting "poor fit" demonstrates why this context is discursively counter-intuitive to participants. Further, data analysis indicates that interviewer and interviewee, although ostensibly addressing each other, may orientate to different audiences, with potentially serious consequences. As well as providing new insight into police-suspect interview interaction, this article seeks to extend understanding of the influence of audience on interaction at the discourse level, and to contribute to the development of theoretical models for contexts with multiple or asynchronous audiences.
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This study analyses the current role of police-suspect interview discourse in the England & Wales criminal justice system, with a focus on its use as evidence. A central premise is that the interview should be viewed not as an isolated and self-contained discursive event, but as one link in a chain of events which together constitute the criminal justice process. It examines: (1) the format changes undergone by interview data after the interview has taken place, and (2) how the other links in the chain – both before and after the interview – affect the interview-room interaction itself. It thus examines the police interview as a multi-format, multi-purpose and multi-audience mode of discourse. An interdisciplinary and multi-method discourse-analytic approach is taken, combining elements of conversation analysis, pragmatics, sociolinguistics and critical discourse analysis. Data from a new corpus of recent police-suspect interviews, collected for this study, are used to illustrate previously unaddressed problems with the current process, mainly in the form of two detailed case studies. Additional data are taken from the case of Dr. Harold Shipman. The analysis reveals several causes for concern, both in aspects of the interaction in the interview room, and in the subsequent treatment of interview material as evidence, especially in the light of s.34 of the Criminal Justice and Public Order Act 1994. The implications of the findings for criminal justice are considered, along with some practical recommendations for improvements. Overall, this study demonstrates the need for increased awareness within the criminal justice system of the many linguistic factors affecting interview evidence.
Resumo:
The goal of this project was to explore activism, attitudes, and imagery connecting Black churchgoers in Miami, Florida and the natural environment. The research approach was qualitative, began as exploratory research, and used the techniques of snowball sampling, participant observation, and semi-structured interviews. Three case studies representing various socio-economic levels, denominations, participant education levels, and environmental facets were chosen for in-depth ethnographic research. There are three major findings in the research. First, there is a link between the preservation of Black history and the preservation of the environment among Black churchgoers, who feel strong connections to a sense of place, rural life, and the past. However their work is strongly directed to bring about benefits for people and the environment in the present and the future. Second, public access to public lands is a basic and important right espoused by these Black churchgoing activists. Third, the vocabulary used by Black churchgoing activists regarding the natural environment differs from today's “mainstream” environmentalists. The concept of “beauty” is pivotal to Black appreciation of and activism toward the environment and is reminiscent of the early environmental protection movement in the United States and conservationists such as John Muir. These findings concerning how Black spirituality relates to the environment adds to the sparse literature on the subject, and provides for potential linkages between Blacks and “mainstream” environmental groups to benefit both parties. An understanding of the connections between Black spirituality and perceptions of the environment should facilitate the development of better programs to improve and protect the environment. Environmental projects may also address the social and economic needs of Black communities, churches, and congregations, as well as the ecosystem. ^
Cuba's Judicial System and Transition: Lecture by Antonio G. Rodiles and Amelia Maria Rodríguez Cala
Resumo:
This flyer promotes the event "Cuba's Judicial System and Transition: Lecture by Antonio G. Rodiles and Amelia Maria Rodríguez Cala" cosponsored by the FlU College of Law and the Vaclav Hável Initiative for Human Rights and Diplomacy.
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This flyer promotes the event "¿ Jamaicanos o jamaiquinos? Respectable Blackness and Its Implications for Anti-Racist Activism in 21st-Century Cuba Lecture by Andrea Queeley" hosted by the Cuban Research Institute.
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The Textual Analysis of Discourse has its origin in Text Linguistics and it aims at studying the co(n)text meaning production based on the analysis of concrete texts by offering elements to the understanding of the text as a discourse practice throughout the plans or levels of linguistic analysis. In this perspective, we intend to investigate the enunciative responsibility phenomenon in the sentencing court judgment. To do so, we review the theoretical contributions of Textual Analysis of Discourse (ADAM, 2011) and the Enunciative Linguistics from various authors, among them, Rabatel (1998, 2003, 2004, 2005, 2008, 2009, 2010), Nølke (2001, 2005, 2009, 2013), Nølke, Fløttum and Norén (2004), Guentchéva (1994, 1996) and Guentchéva et al. (1994). In this direction, we investigate the enunciative responsibility through a range that comprises the phenomenon from four gradations, each one with a kind of point of view (PoV) and with links that may mark the assumption or the distance from the point of view. Regarding the legal approach of the thesis, our theoretical anchoring follows several authors, among them, Petri (1994), Soto (2001), Alvarez (2002), Alves (2003), Cornu (2005), Albi (2007), Bittar (2010), Asensio and Polanco (2011), López Samaniego (2006), López Montolío and Samaniego (2008), Montolío (2002, 2010, 2011, 2012, 2013), Sterling (2010), Prieto (2013), Lawrence and Rodrigues (2013) and Rodrigues, Passeggi and Silva Neto (2014). Our corpus is composed of 13 sentences from criminal cases arising from the district of Currais Novos-RN, completed in 2012. The results reveal how the judge, from various enunciative instances, builds the court decision, which allowed us to understand the configuration of (non) assumption of enunciative responsibility in the sentencing court judgment discourse genre. In conclusion, we perceive that the discourse units are envisaged or through the assumption, or the non assumption of PoV by the enunciative instances, what guides the producer organization argumentative text and his (her) communicative purposes. With that, the judge creates and/or modifies values and beliefs, induces and/or guides his (her) interlocutor by being able to demonstrate objectivity and/or preventing his (her) face through the mediated constructions or engage through the assumption of the enunciative responsibility of the propositional content of an utterance. In short, we reaffirm our belief that the (non) assumption of the enunciative responsibility configures as an argumentative mechanism strongly marked by the producer of the text with a view to their communicative purposes. The sentence, therefore, is constructed in this game of taking and/or not taking of statements according to argumentative orientation and the objectives of the text producer.
Resumo:
This dissertation aims to identify and describe the phenomenon of discursive representation of victim and defendant in court judgment genre. Researchis part of general theoretical framework of text linguistics and more specifically in textual discourse analysis (ATD) theory developed by Jean-Michel Adam ([2008] 2011). Discursive representation notion proposed by ATD is one of the most important aspects of semantic dimension of the text, being complemented in the work of Grize (1990, 1996) from schematization notion. In this perspective, this work is guided by studies of text linguistics with Koch (2012, 2005, 2004), Marcuschi (2012, 2008, 2005), Rodrigues, Passeggi and Silva Neto (2010, 2012, 2014), with genre Bazerman (2005), Bakhtin (1992) and the juridical discourse with Capez (2012), Pimenta (2007), Lourenço (2013) and Gomes (2013) . Methodologically, is a documentary research, presenting qualitative and descriptive characters and is guided by the inductivedeductive method. Corpus consists of a judicial sentence, criminal, collected electronically from Court of Justice of São Paulo - Judiciary website in consultation Judged1st Degree, with the theme of violence against women. Analysis procedures use semantic categories of discursive representation, such as referencing, predication, modification and the spatial and temporal location. Results are focused on the construction of discursive representation of (victim and defendant) from PdV distinct enunciators, which may approach or distance themselves according to argumentative text orientation. Thus, considering social importance of forensic text and, in particular, court judgment in the lives of citizens, it was possible to realize the importance of developing research that addresses the study of text semantic dimension, especially in construction of representations of discourse objects
Resumo:
The Federal Constitution, in Article 1, sections III and IV, lifted the work as the foundation of the Federative Republic of Brazil, including work as a social guarantee in Article 6, listing in its Article 7 minimal guarantees role with respect to social rights of workers. Although elevated to constitutional rights, these social rights of workers have in the judicial interpretation of the characteristic elements of the employment relationship, sometimes a mismatch with the legal and constitutional order, when, in deciding not ponder such elements, causing damage economic and social benefits to all workers, thus affecting the very constitutional basis of worker protection, there is therefore situations in which there must be part of unavailability of rights by the employee. Therefore, identifying the characteristic elements of employment, means allow immediate legal finding about possible illegality perpetrated by the employer, precisely because the sentence recognizes be merely declaratory noting, therefore, the elements that make up the juridical system normative in order to establish the characterization of employment in step with the effective observance and guarantee of social rights and therefore the employer's performance limiter as pertains to hiring and employee dismissal. This point is it's main element of this work, which is fundamental for the exegesis of the theme to limit the autonomy of the will. There is no denying, therefore, the need to extend the effects of these guarantees in the employment contract. In this context, therefore, jumping the guarantees of employees, embodied in particular in the Consolidation of Labor Laws, and especially in the Federal Constitution and international protection instruments to ensure the fundamental right to secure employment relationship, where technological advancement, social and economic, reflect directly, such as the parassubordinação, and claiming more and more systematic resolutions, especially when evidence gaps' values, which elevate the debate about the need for increased use of precedents of order to support the judgments, often beset with aspects of unconstitutionality, all in compliance with the integration of standards, seeking legal enforcement of this bond and providing legal certainty, there emerged, so the essence of the theme: discuss to what extent the distortion of employment limits the effectiveness of social rights and what its legal effects, since the constitutional standard for social guarantees protects equally worker admission.
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In recent decades, debates have intensified about (auto) biographical narratives as devices of socio-educational practices, aligned to the educational setting of the XXI century which have stimulated a new educational perspective woven with epistemological and methodological training throughout life. Towards that scenario, the continued training in Judicial School has occupied important space for constitutional effectiveness and, on the other hand, has grown the demands of expanding knowledge and enhancing training practices, in turn, judicial practices. The aim is to analyze the reflective Group through "Professional Training biographical Workshop" with Bailiffs such as socio-educational practices in socio Judicial School, in the city of Natal /RN. It has highlighted the questions that guided this study: 1. What paths of experiences and knowledge shared by the Law Officials, Federal Appraisers in "Professional Training biographical Workshop" as reflective Group? 2. How is organized the reflective Group as practice in socio-professional training setting? 3. What contributions narratives of themselves bring to the bailiff in reflective Group on Judicial School? The theoretical assumptions are supported in the lifelong training in methodological and epistemological dimension of (auto) biographical knowledge (JOSSO, 2008, 2010, 2012; PINEAU, 2005, 2006; DOMINICÉ, 2010; DELORY-MOMBERGER, 2006, 2008; FREIRE, 1987, 1996, 2001; PASSEGGI, 2008; 2010; 2011; 2012). In 2009, 09 (nine) civil servants in post of Federal Appraiser Justice Official, law graduates participated in this research through eight (08) "Biographical Workshops of Professional Training", consisting of biographical practices and scenarios, enabling oral and written narratives about a memory that has meaning, relationship and tessituras between files, facts and feelings that reveal the perception of self and other, as well as mobilize and weave the training process. The experiences of speaking, writing and reading were constituted of spaces that facilitating the reconstruction of the trajectory of training and career awareness-making, helping to re-signify labor relations and lead to their own professional design. From this study, the reflective properties of groups have emerged, consisting of Reflexivity, Experience, Historicity, Reversibility, dialog and formability processes, with paths to social and educational practices in which professionals identify the meaning and significance of self and of the profession that are exercising. The expectation is to continue with the spirit of research to emerge from the participants responses to training practices in Judicial School, aligned with the new knowledge of understanding the human being, not only an object of his work, but also a social subject, co-participant in the process of re-signifying life and work in a permanent way.
Resumo:
We studied in this dissertation the argumentation in the court judgment, which goal was to identify, describe and explain the running of argumentative operators in the argumentative orientation of text and discourse built through the text of the judgment. We support our research in the constructs adopted for the ATD – (Textual Analysis of the Discourses) - Adam (2011), in the studies about the Aristotle’s Rhetoric (1959) and Perelman and Olbrechts-Tyteca (1996) and other works such as of the Alves (2005), Capez (2008), Charaudeau (2012), Keller and Bastos (2015), Koch (2009; 2011), Rodrigues, Silva Neto and Passeggi (2010), Trubilhano and Henriques (2013). In a methodological way, we made use of deductive-inductive method, because we analyzed the argumentation in an "unknown" text - particular case - based on a theory already known (about language, text and argumentation). About the nature and objectives, our search was characterized as qualitatively and as an explanatory and descriptive investigation, with technical procedures of documental collection of Bibliographic Search. As corpus, we use a court judgment of character condemnatory, issued on September 10, 2014 and taken from the online site of the Federal Court of Rio Grande do Norte (JFRN). The results revealed that the argumentative operators exercised decisive roles in the organization of argumentative strategies of the text and the speech , guiding the announcer to the Desired conclusion by the enunciator. It was also possible to conclude that the use of argumentative operators allowed syllogistic constructions in the form of presentation of the arguments and in the construction of argumentation. In addition, operators like "but", "until", "already", "although" etc. helped to identify in the data's analysis the point of view (PoV) of the enunciator, the expectation break about the previous enunciate and / or the value scale given to the argument. Finally, with the use of argumentative operators the enunciator introduced arguments able to demonstrate/justify a thesis and refute an opposing thesis towards a conclusion sought by the own enunciator.
Resumo:
We studied in this dissertation the argumentation in the court judgment, which goal was to identify, describe and explain the running of argumentative operators in the argumentative orientation of text and discourse built through the text of the judgment. We support our research in the constructs adopted for the ATD – (Textual Analysis of the Discourses) - Adam (2011), in the studies about the Aristotle’s Rhetoric (1959) and Perelman and Olbrechts-Tyteca (1996) and other works such as of the Alves (2005), Capez (2008), Charaudeau (2012), Keller and Bastos (2015), Koch (2009; 2011), Rodrigues, Silva Neto and Passeggi (2010), Trubilhano and Henriques (2013). In a methodological way, we made use of deductive-inductive method, because we analyzed the argumentation in an "unknown" text - particular case - based on a theory already known (about language, text and argumentation). About the nature and objectives, our search was characterized as qualitatively and as an explanatory and descriptive investigation, with technical procedures of documental collection of Bibliographic Search. As corpus, we use a court judgment of character condemnatory, issued on September 10, 2014 and taken from the online site of the Federal Court of Rio Grande do Norte (JFRN). The results revealed that the argumentative operators exercised decisive roles in the organization of argumentative strategies of the text and the speech , guiding the announcer to the Desired conclusion by the enunciator. It was also possible to conclude that the use of argumentative operators allowed syllogistic constructions in the form of presentation of the arguments and in the construction of argumentation. In addition, operators like "but", "until", "already", "although" etc. helped to identify in the data's analysis the point of view (PoV) of the enunciator, the expectation break about the previous enunciate and / or the value scale given to the argument. Finally, with the use of argumentative operators the enunciator introduced arguments able to demonstrate/justify a thesis and refute an opposing thesis towards a conclusion sought by the own enunciator.
Resumo:
Research on Legal Deontology dedicated to theoretical and applied ethics on judicial conduct grounded in legal principles and rules set out in the Constitution of the Federative Republic of Brazil and the Organic Law of the National Judiciary, also contemplating propositional instruments covered by the constitutional system, which conveys behavioural paradigms inserted in the Bangalore Principles of Judicial Conduct, in the Universal Statute of the Judge and in the Latin-American Code of Judicial Ethics, as well as highlight the influence of those instruments in the Brazilian Ethical Code of the Magistrates and in the official complementary training of judges in charge of Judiciary Schools. The study provides the theoretical influxes of moral norm, passing by behavioural social norm to consolidate the ideal standards of judicial conduct into legal standards and related instruments. The Legal Deontology directed to the ethical judicial conduct is confronted with the stereotype that society expressed in relation to the judge's person, who is the political agent that interprets the law for making decisions which directly influences the realization of access to justice, that is constitutionally guaranteed to all. Core values inserted in the constitutional system intended to discipline the judicial conduct are presented and analysed under a critical view, since they are enclosed in prescriptive language that conveys behavioural aspects open to interpretation and which compliance is revealed as a proposition focused on promoting a better solution of interest’s conflicts under the responsibility of those who constitute the distinctive corporation of the Judiciary. The theme’s contextualization also focuses on applied ethics, based on the approach of normative and propositional instruments of deontological content, still focusing on the study of real cases examined by the Brazilian National Council of Justice, as part of its correctional goals.