972 resultados para Juridical ideology


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Following the intervention in Iraq by coalition forces one decade ago, the Bush Administration underwent an enormous and unprecedented project to bring the ‘Western’ liberal model of democracy to Iraq. For the first few years the project to bring democracy to Iraq had its share of successes as the Iraqi people proved themselves capable of understanding and utilizing democratic mechanisms and institutions. This culminated in a series of nation-wide elections from 2005 onwards that brought a democratically elected government to power (Isakhan, 2012). However, one of the unfortunate consequences of the war and the US effort to bring democracy to Iraq was that many key ethno-religious political factions viewed it as an opportunity to pedal their own relatively narrow and very divisive political rhetoric (Davis, 2007). This meant that the Iraqi government was constituted not so much by a body who wanted to draw Iraq together behind a common ideology and to work towards a collective and egalitarian future, as it was by representatives who would fight on behalf of their ethno-religious constituencies. Not surprisingly, a great deal of academic literature has emerged which has analysed and criticised the formal political parties and institutions of the post-Saddam era (Dawisha, 2009). Indeed, the bulk of contemporary scholarship on Iraqi politics focuses on issues such as: the increasingly authoritarian tendencies of the Iraqi government; the obstinacy and ineptitude of many elements of Iraq’s political elite; the systemic corruption that is hollowing out the coffers of the state; the moribund bureaucracy that are struggling to deliver basic services and; of course, the deep-seated divisions within and between those that represent Iraq’s three main ethno-religious blocks: the Shia Arabs, the Sunni Arabs and the Kurds.

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The design of mosques in Indonesia uses basic principal form of Hindu temple with its roof taking the form of layered pyramid (3, 5, 7). This architectural dialect design approach was effective in promoting Islam in most regions of the Indonesian Archipelago. The detailed explanation about architectural dialect will be elaborated in my full paper. This paper discuss about a friendly approach by using Hindu Building as mosque. It has given a greatly impact to the surrounding society to Accept new religion. Such temple-styled mosques have a history dating back to 1200 AD and form the basic inspiration for mosque designs in all parts of the country. The layered pyramid mosque’s architectural dialect design proves that architecture has played significant role in promoting Islamic doctrines in Indonesia. 85% of the total Indonesian population is Muslim. Based on these statistics, it is widely evident that the use of dialect design as a political strategy by Muslim scholars was effective in introducing and promoting Islamic ideologies in Indonesia. The strategy facilitated psychological acceptance of Islam by the local populations who were initially Hindu believers and were accustomed to the temple. Additionally, the design ensured the peaceful introduction and spread of Islam in the region. Moreover, the fact that the dialect design was based on local identity, combined with local architecture that had highly recognizable building elements (roof and ornament) promoted the spread of Islam in Indonesia.

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The medical profession ascribes otherness to people with disabilities through diagnosis and expertism, which sets in motion discursive powers that oversee their exclusion through schooling and beyond. In this paper, I present a narrative pieced together from personal experiences of ducking and weaving the deficit discourse in ‘inclusive’ education, when seeking employment and in day-to-day family interaction as a person with severely impaired vision. This work builds on previous qualitative research I conducted in Queensland, Australia with a group of young people with impaired vision who attended an inclusive secondary school. I frame this discussion using Foucault’s conception of normalising judgement against the hegemony of normalcy, and consider that inclusion for people with disabilities is reminiscent of a haunting. Through this analysis, I demonstrate how my ideology is formed, and how it in turn shapes a research agenda geared toward seeking greater inclusion for young people with disabilities in schools.

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My doctoral research studies Australian PLT practitioners’ engagement with scholarship of teaching and learning. I argue that many PLT practitioners are motivated to engage with scholarship of teaching and learning in their work. There are, however, individual and extra-individual impediments.
PLT practitioners are lawyers that teach in institutional practical legal training (“PLT”). Satisfactory completion of mandatory PLT is an eligibility requirement for admission to the Australian legal profession. The PLT requirement is additional to academic legal qualifications. PLT is undertaken at a post-graduate level with, or after, the academic law degree.
My study investigates PLT practitioners’ motivations and capabilities to engage with scholarship of teaching and learning (“SoTL”). I study organisational symbolic support for SoTL in PLT, and organisational allocation of resources to SoTL in PLT.
The study involves individual and extra-individual domains of PLT practitioners’ work. It considers how social structures (e.g. “the juridical”) are inscribed into individuals’ practices (“teaching”) and, conversely, whether practices influence social structures.
My research adopts qualitative methodologies. These involve inter-disciplinary exchanges between law, legal education, practice research, sociology of law, cultural theory, and theory and practice of teaching and learning. My theoretical framework draws on Pierre Bourdieu’s “reflexive sociology”, and Michel de Certeau’s “heterological science”.
I sourced data from documents, and semi-structured interviews with 36 Australian PLT practitioners. Documentary sources include statutory instruments, speeches, reports, practice directions, histories, and scholarly publications.
To analyse the data I adopted Kelle’s characterisation of “theoretical sensitivity”, drawing on “explicit” and “emergent” analysis strategies derived from “grounded theory”. The explicit strategies were based on my theoretical framework. The emergent strategy involved sensitivity to non-explicit concepts and theories that emerged from the data. Computer-aided qualitative data analysis software expedited these methods.
My findings to date question dominant legal structures’ readiness for change, the implications of this for teaching and learning in PLT, and in particular for PLT practitioners’ engagement with SoTL in PLT.
The espoused rationale for mandatory PLT (in statutes) is improvement for the protection of clients, the administration of justice, and to assure quality legal services. The tacit rationale is improved quality of legal education, and experiences, for lawyers-to-be. My thesis argues dominant structures in legal education impede the espoused and tacit objectives, and impede PLT practitioners’ engagement with scholarship of teaching and learning.

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Social work continues to move towards the incorporation of spirituality within social work theory and practice, yet gaps remain at many levels. The current dearth of theorization of spirituality in social work has created a situation where individual social workers wishing to include spirituality in their practice are forced to rely on their own initiative and inventiveness, with no clear theoretical, practical, or ethical guidelines. This article presents the beginnings of an integrated spiritual practice framework which may help to address some of these concerns. This research scrutinized the proposed Integrated Spiritual Practice Framework (ISPF) through literature survey of three spiritual ideologies (Hinduism, Islam, and Buddhism) using the process of metatriangulation. The study found that each ideological perspective provided evidence and support for the structures and concepts of the ISPF. Through the analysis and theory building process, each ideology contributed greater understanding of components of the ISPF, resulting in a more sophisticated and developed framework for integrating spirituality within social work.

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In the 1970s secessionists in Southern Thailand described the Thai state as "colonialist" constituted by "Siamese fascist officials"1 who had "illegally colonised Patani". The flavour of this discourse shows the importance of historical context in shaping the way resistance movements interpret their own struggles. In the case of the resistances groups in Southern Thailand, it reflects the influence of the wider international anti-colonial movement and its embrace of nationalism and socialism. Translating these concepts into a political agenda was complicated by the centrality of Islam in defining the grievances of the Patani Muslims. Islam was the reason they were considered marginal by wider Buddhist society and hence it was Islam that become a core identity marker and the fulcrum upon which the resistance movement grew. Merging the predominately secular themes of anti-colonialism with Islam was complex, and as a result for much of its existence the insurgency failed to define clearly an ideology beyond the general maxim of 'liberating the homeland' to create the Republic of Patani. By the onset of the twenty first century situation had changed and although the goal remained the same for many Thai Muslims it was based on firmer ontological ground. By defining itself in Islamist terms, the separatist movement managed to distance itself from the secular concepts that defined the Thai state ('nationalism') and which precluded support for its struggle from other states ('sovereignty'). The objective now is the creation of Al Fatoni Darussalam (Islamic Land of Patani) by "purging all Siamese infidels out of our territory to purify our religion and culture"2 (HRW, 2007: 45). In short, the shift in terminology indicates an ideological shift in the way the insurgents frame the conflict but also, more importantly, in their identification of the 'enemy'. 3 The 'liberation of the Republic' has now evolved into a 'struggle to liberate an Islamic Land'. From being a 'colonialist' and 'fascist' state, the Thai state has assumed the status of 'infidel'. The insurgents' embrace of Islamism as the organising principle of their resistance is progressively transforming the conflict into what Juergensmeyer has called a 'Cosmic War' (Juergensmeyer, 2003). This paper will further explore this ideological shift by analysing for the first time primary sources such as propaganda leaflets, interviews and insurgent interrogation reports that were collected during recent fieldwork in Southern Thailand between 2006 and 2008.

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In the 1970s secessionists in Southern Thailand described the Thai state as "colonialist" constituted by "Siamese fascist officials"1 who had "illegally colonised Patani". The flavour of this discourse shows the importance of historical context in shaping the way resistance movements interpret their own struggles. In the case of the resistances groups in Southern Thailand, it reflects the influence of the wider international anti-colonial movement and its embrace of nationalism and socialism. Translating these concepts into a political agenda was complicated by the centrality of Islam in defining the grievances of the Patani Muslims. Islam was the reason they were considered marginal by wider Buddhist society and hence it was Islam that become a core identity marker and the fulcrum upon which the resistance movement grew. Merging the predominately secular themes of anti-colonialism with Islam was complex, and as a result for much of its existence the insurgency failed to define clearly an ideology beyond the general maxim of 'liberating the homeland' to create the Republic of Patani. By the onset of the twenty first century situation had changed and although the goal remained the same for many Thai Muslims it was based on firmer ontological ground. By defining itself in Islamist terms, the separatist movement managed to distance itself from the secular concepts that defined the Thai state ('nationalism') and which precluded support for its struggle from other states ('sovereignty'). The objective now is the creation of Al Fatoni Darussalam (Islamic Land of Patani) by "purging all Siamese infidels out of our territory to purify our religion and culture"2 (HRW, 2007: 45). In short, the shift in terminology indicates an ideological shift in the way the insurgents frame the conflict but also, more importantly, in their identification of the 'enemy'. 3 The 'liberation of the Republic' has now evolved into a 'struggle to liberate an Islamic Land'. From being a 'colonialist' and 'fascist' state, the Thai state has assumed the status of 'infidel'. The insurgents' embrace of Islamism as the organising principle of their resistance is progressively transforming the conflict into what Juergensmeyer has called a 'Cosmic War' (Juergensmeyer, 2003). This paper will further explore this ideological shift by analysing for the first time primary sources such as propaganda leaflets, interviews and insurgent interrogation reports that were collected during recent fieldwork in Southern Thailand between 2006 and 2008.

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I traverse a number of identity boundaries every day within a work context. This paper discusses the blurred boundary of two identities - (1) a part-time PhD student undertaking a cross-jurisdictional study of police training and education and (2) a full-time, ‘unsworn’ employee advising on education and training at a police academy. Study and work are concurrent. I describe myself as a token insider – different, partly accepted, yet tolerated, or alternatively as an outsider-insider. It is taxing to maintain an outsider’s standpoint in a police organisation. My role regularly places me in a position of challenging the dominant ideology, D/discourse (words, beliefs, thinking styles) and subcultures whilst experiencing the imposition of power by the dominant to accept the status quo. Frustration combined with a desire to name and reframe everyday experiences has led me to engage in critical reflection, enlist a critical friend, and undertake doctoral research. As an outsider- nsider, critical reflection is a tool that enables me to negotiate discursive positions by questioning my engagement and subject position within and against the taken-for-granted and unquestioned dominant D/discourses.

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This presentation extends on some previous work around my PhD research.
I question ways in which social structures are inscribed into legal education practices, and conversely, whether practices can modify those structures. I argue PLT practitioners are not simply soldiers for a “vocationalist” strategy. Instead, I re-imagine PLT practitioners as “double agents” or “resistance fighters”, lamplighters in a still emergent professional trajectory. It is a trajectory catalysed by the 1970s introduction of institutional PLT; just a baby really, in the context of English common law.

In Bourdieu’s terms it is possible, by revisiting past struggles in Australian legal education, to conceptualise institutional PLT as the product of judicial, professional, and academic struggles to produce a vocationalised, non-academic, and critique-free sub-field within the juridical field. Those struggles succeeded, to some extent, in the extra-individual dimension of structures, regulation, and institutions, to collectively inculcate preferred dispositions within individuals about legal education and professional identity.

That account, however, ignores the potential for agency and alterity – the ways in which individuals might appropriate, in Certeau’s terms, the resources of the legal field to explore new professional trajectories. For some, these trajectories involve struggles to enrich, and add texture to, legal education. Drawing on interviews with PLT practitioners, I identify multi-vocal and multi-perspectival themes, including notions of social justice, equality, professional ethics, personal improvement, and indeed, interest in scholarship of teaching and learning.

It is in this sense I re-imagine PLT practitioners as “double agents”, operating betwixt and between dominant domains in law. In my view, PLT practitioners can participate in conceptualising and developing emergent approaches in legal education, and to theorise “practice” as lawyers and educators. Scholarship of teaching and learning has its part to play in this. It provides a means, as lawyers and as educators, to discover information, to reflect, critique, communicate, and conceptualise, insights about “practice” and practices.

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This Chapter is an exercise in comparative secularism. In this chapter I will be concerned basically with a critique of Western conceptions of secularism, beginning with Hegel’s invention of a particular reading of secularism that, through imperialist literature, gave a preeminent direction to the ideology of the less-religiously orientated Indian nationalists during their drawn-out independence struggle. My main concern will be to contrast the Western debates on ‘the secular’, particularly in its recent permutations or attempted revisions as a response to the crisis of modernity, with the current Indian debates—where ‘ the secular; has all but been hijacked by the Hindu Right—and to show—reversing Hegel’s trajectory—what impact the latter could have on the former. There is some evidence of this already occurring, particularly in Charles Taylor’s work and travels wherein he does make some gestures towards looking at non-Western experiences of secularism (which is taken more or less to be synonymous with secularization). There are severe limitations to this overture however, and the chapter hopes to sound a word of caution on the kind of excitement over which Taylor seems to have become something of a celebrity in the academe. Even more disappointingly, one does not find a similar emphatic approach or opening to non-Western experiences and rethinking of the secular in the works of other modernists; and I point to Habermas and Žižek as my examples, who I touch on, albeit very briefly. This lack or lacuna makes both the discourse of modernity and the supplementary critique of secularism much the poorer for it.

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'Permanent' museum exhibitions or galleries are usually planned for a life of seven to ten years, but not infrequently survive for thirty years or more. When change finally occurs, it addresses new approaches in ideology, disciplines, technology and fashion. This chapter surveys such shifts in transnational history and Aboriginal cultures presented in museums.

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The representation of the relationship between parent and child, the moral cornerstone of Chinese society, is uniquely influential in Chinese children’s literature. After an extended period of almost two thousand years during which depictions of this relationship were static and unchanging, the beginning of the twentieth century ushered in a dynamic series of changes which responded to political needs. In this study we focus on these changes, examining four distinctive periods: the pre-modern dynastic period until 1911; the Republican and Nationalist phase from 1911 to 1949; the phase of Mao’s socialism from 1949 to 1976; and the post-Mao phase from 1976 to 2000.

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This chapter critiques the political theology of Slavoj Zizek as beset by social theoretical and strategic political problems. Political theology here is a privileged intellectual terrain on which to simultaneously resolve questions about liberating forms of social cohesion in a post-revolutionary political community and about cultural strategy in the radical program. In connection with the Marxist critique of religious ideology, Zizek’s work represents an important contribution to the research program that emerged from the Althusserian approaches to social theory. But although Zizek has the conceptual resources to generate a dialectical theory of the connection between religious ideology and political strategy, he instead opts for a theory of radical rupture with existing forms of life. Detoured through the encounter with Carl Schmitt, Zizek’s doctrine of radical rupture quickly becomes an inverted Schmittianism, freighted with the problems of the militarisation of politics and the arbitrary designation of enemies that he diagnoses in Schmitt, but does not transcend in his own response. Zizek’s figure of the “religious suspension of the ethical” brings the politics of rupture to its most problematic (and baroque) formulations, revealing the fundamental problem of the ideological representation of political structures.

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In the aftermath of September 11, Muslim scholars made numerous attempts to explain Islamophobia from the Islamic perspective; they presented arguments that are not addressed in the Western narrative. Two texts in Arabic by the prominent Muslim preacher, Mohammad Hassan and by the Muslim orator Fadhel Sliman are analysed from a Critical Discourse Analysis (CDA) viewpoint. This analysis aims to demonstrate how language is inextricably linked with ideology. This paper demonstrates that textual strategies in the Arabic Islamic discourse and their ideological implications show distinct characteristics some of which add to the present literature on discourse. The aim of the chosen texts is to educate and create solidarity between the speakers and the audience in fighting Islamophobia. The reliance of the speakers on tactics such as quoting from the Holy Qur’ān and ḥadīth to defend Islam, and choice of words and sentence structures may instigate discussions about the persuasive power of the Arabic Islamic narrative.

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We introduce and discuss the idea of Legal Integration, providing a few evidences on it, in Brazil and South America. The forms of and incentives to Legal Integration, as well as the answers to it, by Western Europe, Mexico and China, are also discussed. We advocate, for Brazil, the adoption of the concept of a more flexible and shared sovereignty, and a more active and concerned attitude in the delicate relationship between international treaties and the domestic juridical order.