988 resultados para Judicial discourse


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This presentation concentrates on the role that the deportation of Christian minorities in Anatolia during the First World War played in the context of the history of law. Terminologies and the use of legal notions by contemporaries will be a special focus, because this is still helpful in the context of present-day discussions. Therefore a contextualisation as precise as possible is important, when the topic of deportation and genocide is addressed. At the same time it is important not to confuse historical and legal appraisals. In this presentation the general discussion as to the prospects and potential of a judicial punishment of violations of international legal norms before as well as during the First World War will therefore be included as much as the attitude of jurists in regard to the position of the Ottoman Empire within the international community of law abiding states. Finally this presentation will also focus on discussions at the end of the war around the trials in Istanbul and the purpose of the Paris Peace Conference. In this context and following ideas of Mahmood Mamdani the discourse on law can be shown to have served not only as a way of giving victims a voice, but also as a language of power already at the beginning of the 20th century.

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This article examines how references to evaluations in school policy debates contribute to discourse quality. The article consists of two parts: First, it presents a descriptive overview of the references to evidence in direct-democratic campaigns. These results are based on a quantitative content analysis of the newspaper coverage and governmental information documents of 103 direct-democratic Swiss school policy votes. In a second step, it discusses these findings in view of the question of whether the incorporation of evaluation results in policy debates contributes to discourse quality. It presents a conceptual framework, including hypotheses and a research design to answer this question.

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This article discusses the tensions between the principle of state sovereignty and the idea of a "humanitarian intervention" (or a intervention on humanitarian grounds) as they resulted from the debate of leading legal scholars in the 19th and early 20th century. While prominent scholars such as Johann Caspar Bluntschli, Gustave Rolin Jaequemyns or Aegidius Arntz spoke out in favour of a form of "humanitarian interventions", others such as August Wilhelm Heffter or Pasquale Fiore were much more critical and in many cases spoke out in favour of absolute state sovereignty.

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There has been increasing interest in the discursive aspects of strategy over the last two decades. In this editorial we review the existing literature, focusing on six major bodies of discursive scholarship: post-structural, critical discourse analysis, narrative, rhetoric, conversation analysis and metaphor. Our review reveals the significant contributions of research on strategy and discourse, but also the potential to advance research in this area by bringing together research on discursive practices and research on other practices we know to be important in strategy work. We explore the potential of discursive scholarship in integrating between significant theoretical domains (sensemaking, power and sociomateriality), and realms of analysis (institutional, organizational and the episodic), relevant to strategy scholarship. This allows us to place the papers published in the special issue Strategy as Discourse: Its Significance, Challenges and Future Directions among the body of knowledge accumulated thus far, and to suggest a way forward for future scholarship.