981 resultados para legal pluralism


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Review of 'Promoting Justice through Clinical Legal Education' by Jeff Giddings, Justice Press, 2013, 448 pages

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Masters research paper submitted in fulfilment of the requirements for the degree of Master of Professional Education and Training. The objectives of this study were to investigate students’ perceptions and satisfaction regarding CMC activities, including community of inquiry framework elements and self-system factors, and to frame recommendations that might improve the use of online discussions as a teaching medium in practical legal training.

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Purpose: 

This article analyses the role, approach, issues and opportunities faced by non-governmental organisations (NGOs) in the promotion of agriculture in Timor Leste from independence through to the countrywide roll out of a public extension service in 2009.

Design/methodology/approach:
The research draws on semi-structured interviews with NGO personnel, local, national and international, actively involved in agricultural development to ascertain how organisations engage with communities, their objectives, inputs, coverage and impacts. The analysis is based on the framework developed by Birner et al. (2009) for pluralistic advisory services, and the discussion is framed by contemporary NGO discourse.

Findings:
This article argues that NGOs have a central role in agricultural development, with particular advantages that can be built upon, however there must be explicit acknowledgement of the complex nature of the NGO and civil society, and a critical awareness of the need for strategic thinking, communication and coordination for effective aid.

Practical implication:
NGOs play a central role in agricultural development. There is a need for a more nuanced understanding of the opportunities and limitations of the NGO sector, both as service providers but also more broadly as part of civil society.

Originality/value:
Funding directed to the NGO sector for implementation of development projects is prolific. There is substantial discourse on partnerships between NGOs and other actors. However, little of the debate appears within discussions on agricultural service provision.

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In her paper Gwen Adshead (2013) identifies the principle of respect for justice as the foundation for ethical practice in forensic psychiatry. This commentary discusses how forensic psychologists have approached a key aspect of the justice principle, the ethical imperative to promote the welfare of the individual client. The approaches of the psychiatric and psychological professions are compared and the role of psychologists as allied health professionals working in the forensic setting considered.

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I am interested in how Australian lawyers who teach lawyers’ skills at the post-graduate pre-admission stage (“PLT practitioners) engage in scholarly activities regarding their teaching practice. This presentation will relate Bourdieu’s ‘reflexive sociology of law’ to my doctoral research in which I focus on how PLT practitioners engage in scholarly activities around their teaching work. Drawing on Kemmis’s ‘practice table’, Bourdieu and Passeron’s theory of ‘reproduction’ in education and culture, and de Certeau’s theory of ‘practice in everyday life’, I will describe how PLT practitioners’ professional identity, as lawyers, constrains scholarship around teaching and mentoring practice.

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Legal academics are not only teachers but also creators of knowledge. The role of an academic includes a responsibility to share this knowledge through engagement not just of their students, but also of the wider community. In addition, there is increasing emphasis on legal academics having to account for the so-called ‘impact’ of research. In selecting both the topic of their research and the mode of publication of their knowledge, legal academics act as gatekeepers. There is an increasing critique of the existing paradigm of research publication and its emphasis on the metrics of impact. This critique recognises the limitations of the commercial publication paradigm in the present context of open access and the vast array of citizen-mediated platforms for dissemination of legal knowledge and innovation. Susskind (Tomorrow’s Lawyers 2013) for example identifies expert crowd-sourced legal information as breaking down barriers to access to justice. Tracking their experience with publication of a paper on social media in legal education from the ALTA conference in 2012, the authors share an auto-ethnographic account of their insights into the potential for both impact and engagement of a diverse audience in their research. This highlights the ways in which various media can be used strategically to redefine the role of the gatekeeper.

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This book aims to challenge students and lawyers to think critically about the way in which they will or do practise law. It is intended to be a guide on the various obligations and duties that a lawyer owes to the court, other lawyers, clients and the community in general. The hope is that students of law will see the ongoing value of maintaining the integrity of the legal profession and the value that lawyers provide to the community when we get things right.

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Whether an abstract jurisprudence of law can be developed such that law is neutral with respect topositive choices, or whether law is necessarily informed by social facts, values and assumptions, with reference to the work of Jurgden Habermas, countering that author's claim of neutrality.