Having your day in court:judicial opportunity and tactical choice in Anti-GMO campaigns in France and the United Kingdom

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.

Audience design in the police interview:the interactional and judicial consequences of audience orientation

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.

An analysis of police interview discourse and its role(s) in the judicial process

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.

Illicit interest groups: The political impact of the Medellin drug trafficking organizations in Colombia

Although drug trafficking organizations (DTOs) exist and have an effect on health, crime, economies, and politics, little research has explored these entities as political organizations. Legal interest groups and movements have been found to influence domestic and international politics because they operate within legal parameters. Illicit groups, such as DTOs, have rarely been accounted for—especially in the literature on interest groups—though they play a measurable role in affecting domestic and international politics in similar ways. Using an interest group model, this dissertation analyzed DTOs as illicit interest groups (IIGs) to explain their political influence. The analysis included a study of group formation, development, and demise that examined IIG motivation, organization, and policy impact. The data for the study drew from primary and secondary sources, which include interviews with former DTO members and government officials, government documents, journalistic accounts, memoirs, and academic research. To illustrate the interest group model, the study examined Medellin-based DTO leaders, popularly known as the "Medellin Cartel." In particular, the study focused on the external factors that gave rise to DTOs in Colombia and how Medellin DTOs reacted to the implementation of counternarcotics efforts. The discussion was framed by the implementation of the 1979 Extradition Treaty negotiated between Colombia and the United States. The treaty was significant because as drug trafficking became the principal bilateral issue in the 1980s; extradition became a major method of combating the illicit drug business. The study's findings suggested that Medellin DTO leaders had a one-issue agenda and used a variety of political strategies to influence public opinion and all three branches of government—the judicial, the legislative, and the executive—in an effort to invalidate the 1979 Extradition Treaty. The changes in the life cycle of the 1979 Extradition Treaty correlated with changes in the political power of Medellin-based DTOs vis-à-vis the Colombian government, and international forces such as the U.S. government's push for tougher counternarcotics efforts.

Cuba's Judicial System and Transition: Lecture by Antonio G. Rodiles and Amelia Maria Rodríguez Cala

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.

Biossistemática do complexo Cryptanthus zonatus (Vis.) Beer

The taxonomic delimitation at the species level in plants is not an easy task due to the large polymorphism of plants. In this project we aimed to evaluate three morphotypes (forms) of Cryptanthus zonatus (Vis.) Beer ( Bromeliaceae, Bromelioideae ) described in the literature using fl oral biology and phenology, as well as flo ral morphology and leaf anatomy . These studies were conducted in the Parque Estadual das Dunas de Natal, Rio Grande Norte (RN) and Private Reserve of Natural Patrimony Mata Estrela , in the municipality of Ba í a Form osa. The survey of the phenology of the morphotypes involved monthly specimen observation in the field, during one year. In each visit, we observed the status of flowering and fruiting phenophases of the population of the three forms of C. zonatus . For flo ral biology we sought to evaluate data like: observed floral visitors, nectar volume and concentration, time of anthesis and closing of flowers . Flowers of the three fo rms were collected in the field , analyzed by stereomicroscope, and measurements of the f loral pieces were made with the help of a caliper . Transversal and paradermal sections of the leaves of the three forms were stained and then examined under an optical microscope. Observations of the epidermis under scanning electron microscopy were also conducted. The three m orphotypes could not be sepated based on all evidence investigated. Thus, we conclude that there is not evidences to support the recognition of C. zonatus morphotypes as taxonomic entities, and also that the tools of phenology, anatomy, biology and floral morphology were not useful to delimit these three forms . Yet to characterize better the Flora of Bromeli aceae of RN, the leaf anatomy of Orthophytum disjunctum was also studied. Orthophytum is the sister genus to Cryptanthus and only recently documented in the semiarid of RN. The anatomical comparison between Cryptanthus and Orthophytum allowed the separatio n of both genera based on the arrangement of stomata and thickness of aquiferous parênquima . During the fieldwork, it was still possible to document the first occurrence of Aechmea muricata in RN, inside the Mata Estrela preserve, aiding the understanding of the distribution of the taxon that is currently threatened with extinction.

A responsabilidade enunciativa na sentença judicial condenatória

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.

A representação discursiva da vítima e do réu no gênero sentença judicial

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

A influência da relevância social no viés de grupo

Behaviors found in every culture, general human tendencies, are knew in Evolutionary Psychology as evolved psychological mechanisms. Those behaviors date back the Environment of Evolutionary Adaptedness, and a well know example of such behavior is the group bias (or intergroup bias). This bias consists of recognizing members of your own group and favor them, while disregarding or even harming outsiders. This behavior was and still is extensively studies, among the most important conclusions about this phenomenon is the Minimal Groups Paradigm, in which it was discovered that the group bias could trigger even when the groupings were done in following very arbitrary criteria. In the current study, our goal was to test if the participants, when playing an economic game, would behave in a similar fashion under a minimal group situation and real groups, with social meaning. With this in mind we made two experimental conditions, a Low Social Meaning one (LSM) where the groups were represented by letters (H, B, O and Y) in which participants would be ramdomly assorted to each group; and the High Social Meaning condition (HSM) in which religion was used as a group marker, containing the two most dominating religious groups in Brazil, catholic and evangelic, another group containing all the other affiliations e the fourth and last group representing atheists and agnostics. The ratio of donations in-group/out-group was roughly the same across both conditions. However, the amount of wafers donated to ingroup was significantly bigger in the HSM condition. By verifying which aspects of the individual best predicted the observed group bias, we discovered that the in-group Entitativity perception as well as the Group Identification were the most relevant variables, however, only in the HSM condition. Simultaneously, by verifying the generosity, biased or not, we observed that the agreeableness personality factor was the only variable able to predict it, and only in the LSM condition. We conclude that our generosity, or the lack of it, is for most part defined by our personality, the Agreeableness factor in particular. But this very generosity can be biased by the social meaning of the involved groups and that, if the social meaning is big enough, even people who, thanks to their personality, normally wouldn’t show generosity, are able to do so when the receiver is an in-group member.

Vínculo empregatício: interpretação judicial do direito fundamental à relação de emprego protegida e seus efeitos

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.

Ateliê biográfico de formação profissional: prática socioeducativa em Escola Judicial

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.

Os operadores argumentativos como estratégia linguística e discursiva da argumentação na sentença judicial

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.

Os operadores argumentativos como estratégia linguística e discursiva da argumentação na sentença judicial

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.

A conduta judicial ética teórica e aplicada contida em princípios e regras deontológicos abrangidos pelo sistema constitucional

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.