scholarly journals Language Strategies in Legal Reasoning of Judgments: an Engagement-Adaptation Model

2020 ◽  
Vol 8 (1) ◽  
pp. 67
Author(s):  
Wenxiu Song

Legal reasoning, as the core of the judgment, has always been the focus of legal community. While in fact, the reasoning of judgment is not only related to knowledge of jurisprudence but also associates closely with the use of language strategies and thus deserves the attention of linguistic scholars. This study attempts to explore the language strategies underlying the legal reasoning of judgment based on engagement system of appraisal theory and adaptation theory. Through analyzing the legal reasoning of ten American judgments, it is found that substantial engagement resources are employed in the reasoning, among which Attribute occurs most frequently, followed by Deny, Entertain, Counter, Endorse, and Pronounce is the least favored resource in the legal reasoning of judgments, which is the result of the adaptation to the social role of the judges, the relationship between power and equality in court, as well as the expected psychology of the audience of the judgments.

2019 ◽  
Vol 35 (65) ◽  
pp. 18-30
Author(s):  
Cristian Bedoya Dorado ◽  
Mónica García-Solarte ◽  
Juan Sebastián Peña-Zúñiga ◽  
Steven Alejandro Piñeros Buriticá

Management in the context of higher education has been characterized by the predominance of male participation, mainly in senior management positions. As a result, women’s low participation is mainly concentrated in lower management positions, and their chances of escalating hierarchical positions are mediated by various factors ranging from subjective to socially naturalized. The objective of this research is to analyze the barriers women face to enter and escalate positions in university management in Colombia. Under a qualitative design, 26 semi-structured interviews were applied to university managers from different institutions of higher education in Colombia. The transcripts were analyzed using discourse analysis through three categories: individual, internal, and external barriers of the university. It was found that women face entry and promotion barriers marked by experiences, and conditions of inequality and discrimination in a male-dominated context. These barriers are conditioned by personal elements, organizational culture, and the social role of women. In addition, women’s trajectories involve mediation between professional development and family life. The study reveals experiences that contribute to understanding the research phenomenon from the webbing of senses and meanings. It is posited that the “glass ceiling” is mediated by variables in the internal order, and by the relationship between universities and their context.


2021 ◽  
Vol 12 (1Sup1) ◽  
pp. 182-199
Author(s):  
Rosa Fioravante ◽  
Mara Del Baldo

Economic crises - such as the Great Recession of 2008 or the 2020 crisis triggered by the Covid-19 pandemic - have always represented an opportunity to address the relationship between macroeconomic variables and business and society’s reactions to them. Indeed, negative economic conjuncture, slump and stagnation, represent a challenge and may elicit the opportunity to rethink the role of business in tackling systemic global problems of the current system - such as persisting and raising inequalities and environmental unsustainability – by focusing on Business Ethics both as a theory and a practice. Accordingly, the present work aims at shedding light on the link between the systematic production of inequality within the current economic system and the opportunities for entrepreneurs and managers to significantly reduce it by engaging in business ethics practices. For this purpose, the theoretical framework proposed rests on a step “back” to the discussion of the relation between economic sphere and society, particularly when addressing the issue of value creation/extraction and a step “forward” in the discussion on the purpose of the enterprise and the social role of the entrepreneur. In doing so, three main issues will be addressed: VALUE CREATION - the role of the enterprise in value creation between capital and labour; RESPONSIBILITY - responsible vs irresponsible capitalism; SOCIAL ACTOR - the conception of the enterprise as a social rather than only and economic actor. Bridging perspectives coming from economics, business studies and economic sociology, this paper depicts a robust theoretical and conceptual framework to be used for further empirical research.


2021 ◽  
Vol 17 (2) ◽  
pp. 424-451
Author(s):  
Cristiane Brum Bernardes ◽  
Sarah Albertina Cerqueira Nunez

ABSTRACT – This article analyzes the challenges, obstacles, and theoretical and methodological advances that the ethnography of organizations can bring to journalism research based on two studies on legislative media in the Brazilian National Congress. It discusses how the triple identity of ethnographer-journalist-public servant complicates the analysis of these media outlets, creating an environment favorable to reflexivity. Based on the assumption that such media are a privileged space to observe the relationship between the political and journalistic fields, this study concludes that the ethnography advantages are related to the possibility of perceiving and understanding the hybrid identity of the observed subjects, and the researchers themselves. The political role of actors in this context is complex and emphasized in order to further the understanding of the social role of journalism.RESUMO – Este estudo analisa desafios, obstáculos e avanços teóricos e metodológicos que a perspectiva da etnografia das organizações pode trazer à pesquisa em jornalismo, com base em duas análises das mídias legislativas do Congresso Nacional. Discute-se como a tripla identidade de etnógrafa-jornalistaservidora pública complexifica as análises sobre esses veículos, criando um ambiente favorável à reflexividade. Partindo do pressuposto de que tais mídias são um espaço privilegiado para observar a relação entre os campos político e jornalístico, o estudo conclui que os ganhos da etnografia estão relacionados à possibilidade de perceber e compreender a identidade híbrida dos sujeitos observados, e do próprio pesquisador. No contexto estudado, o papel político dos atores é complexificado e colocado em evidência, o que amplia a compreensão do papel social do jornalismo.RESUMEN – Este estudio aborda desafíos, obstáculos y avances teóricos y metodológicos que la perspectiva de la etnografía de las organizaciones puede aportar a la investigación en periodismo, a partir de dos análisis de los medios legislativos del Congreso Nacional brasileño. Se discute cómo la triple identidad de etnógrafo-periodista-servidor público compleja el análisis de estos vehículos, creando un ambiente favorable a la reflexividad. Partiendo del supuesto de que dichos medios son un espacio privilegiado para observar la relación entre los campos político y periodístico, el estudio concluye que las ganancias de la etnografía están relacionadas con la posibilidad de percibir y comprender la identidad híbrida de los sujetos observados y del propio investigador. En el contexto estudiado, se compleja y resalta el rol político de los actores, lo que amplía la comprensión de la función social del periodismo.


1996 ◽  
Vol 3 (2) ◽  
pp. 193-233 ◽  
Author(s):  
Mohammad Fadel

AbstractThe study of the relationship between ijtihād and Taqlīd has been dominated by an approach that privileges ijtihād over Taqlīd on the assumption that the former is an intellectually superior mode of legal reasoning. By analyzing the role of Taqlīd in regulating the actions of muftīs and judges as discussed by post-6th/12th century jurists of the Mālikī school, I conclude that Taqlīd resulted from the desire to have uniform rules rather than as a result of intellectual stagnation. While ijtihād was individualistic and solipsistic, Taqlīd was the result of group interpretation that provided an objective basis upon which legal decisions and legal rulings could be described as being either substantively correct or incorrect. Viewed in this light, Taqlīd was originally a desire to limit the discretionary power of legal officials, especially those at the bottom of the legal hierarchy. The desire to possess uniform rules found its logical outcome in the legal genre of the mukhtaṣar as it emerged in the 7th/13th century. The mukhtaṣar functioned as the authoritative collection of a legal school's doctrine, and, for that reason, I argue that Islamic law in the age of mukhtaṣars is best understood as a codified Common Law.


2014 ◽  
Vol 28 (2) ◽  
pp. 168-179 ◽  
Author(s):  
Roos Hutteman ◽  
Wiebke Bleidorn ◽  
Gordana Keresteš ◽  
Irma Brković ◽  
Ana Butković ◽  
...  

Having children affects many aspects of people's lives. However, it remains unclear to what degree the challenges that come along with having children are associated with parents’ personality development. We addressed this question in two studies by investigating the relationship between parenting challenges and personality development in mothers of newborns (Study 1, N = 556) and the reciprocal associations between (mastering) parenting challenges and personality development in parents of adolescents (Study 2, N = 548 mothers and 460 fathers). In Study 1, we found the stress of having a newborn baby to be associated with declines in maternal Agreeableness, Conscientiousness, and Emotional Stability. Parenting challenges were also related to personality development in parents of adolescent children in Study 2, with parent–child conflict being reciprocally associated with decreases in Conscientiousness and Emotional Stability. Mastering parenting challenges in the form of high parenting self–efficacy, on the other hand, was found to be associated with increases in Agreeableness, Conscientiousness, and Emotional Stability, and vice versa. In sum, our results suggest that mastering the challenges associated with the social role of parenthood is one of the mechanisms underlying personality development in young and middle adulthood. Copyright © 2013 John Wiley & Sons, Ltd.


2018 ◽  
Vol 5 (1) ◽  
pp. 63-86
Author(s):  
Przemysław Kaczmarek

This article attempts to answer the question why is it worth to exhibit the category of agency in the legal practice. Answering the question I started my discussion from the presentation ideas related to the issue of the social role of the lawyers. In the completion of this objective, I discussed three ideas: moral responsibility, trust and subjective agency. Putting forward the role of the lawyer, I paid attention to the relationship between the notion of trust in the lawyer’s role and moral responsibility. This relationship is based on an ethical link, which is founded on a kind of obligation. This idea can be demonstrated by looking into confidence in the lawyer’s role as a special form of obligation to consider individual, institutional and social arguments. In the presented approach the state of limbo between the individual dimension, which focuses on the relationship between a specific individual and their rights, and the public dimension, where attention is paid to institutional and social arguments, is a characteristic feature of the professional role of a lawyer. The shaping of a professional role in a subjective and structural authorship is based on the idea of a two-way movement. It consists in highlighting the institutional structure with simultaneous reinforcement of the role of the subject who acts within it.


2015 ◽  
Vol 21 (43) ◽  
pp. 355-374
Author(s):  
Alex Vailati

AbstractThe social role of youth, in the last twenty years, has become a key point of the political agenda of many African nations. In South Africa, the consequences of segregationist politics, market economy and migrations have profoundly shaped the social and cultural role of youth, both in urban and rural contexts. Moreover, the end of apartheid has opened a new period of wide transformation. Based on my ethnographic research in KwaMashabane, a rural region of South Africa, this article analyses how the social role of male youth is shaped by national state policy and by local dynamics. I will focus on the relationship between models of adulthood, and the strategies that youth adopt to cope with conflicts and continuities. This analysis will show how post-apartheid freedom and the constraints of the local social structure are negotiated, and how society is coping with the complex relationships between cultural reproduction and social change.


Babel ◽  
2020 ◽  
Vol 66 (4-5) ◽  
pp. 706-718
Author(s):  
Hyang Lee ◽  
Seong Woo Yun

Abstract As early as 1963, the FIT adopted the Translator’s Charter during the Congress at Dubrovnik, stipulating the rights, obligations, and social responsibilities of translators. The document inspired many professional translator associations to draft their own codes. These codes share a common goal: to inform the ethical decision-making of translators. However, some practitioners as well as scholars have questioned their value, pointing to the inconsistencies within or between codes and the difficulty of applying them to real-life situations. They view the codes as declarative documents that lay down the most basic ethical principles. Why does this gap exist between codes and practice? What should be addressed first to answer this question? We believe that these codes tend to overlook a fundamental aspect of translation. Their focus is on the relationship between translators and clients. In other words, gaining the confidence and meeting the expectations of clients are often treated as the most important elements of a code. However, the act of translation, like any human act, is a social one that impacts the community the translator belongs to. Therefore, a translator is a social agent who supports the ethical goal of living better together in a community. How can these codes be improved? To explore this question, we review the discussions of authors who have emphasized the social role of translators and interpreters, including Chesterman, Baker, and Inghilleri. We finally suggest community-related ethical principles and virtues for translator codes of ethics.


2022 ◽  
Vol 12 ◽  
Author(s):  
Anna Maria Zawadzka ◽  
Judyta Borchet ◽  
Magdalena Iwanowska ◽  
Aleksandra Lewandowska-Walter

The aim of the study was to examine the role of self-esteem in resisting the influence of materialistic goals of four social role models (mother, father, peers, and media) in adolescents (aged 13–16). Previous studies showed a negative correlation between the psychological health of teens and striving for materialistic goals, one of the main sources is the social modeling of materialism. Two studies were carried out. The first, correlational study, was conducted on target teens and their mothers, fathers, and peers of their choice. It examined if self-esteem is a moderator of the relationship between the materialism of social role models (mothers, fathers, peers, and media) and the materialism of teens. The second, experimental study, was conducted on target teens only. It examined how boosting the self-esteem of teens and activating materialism of social role models (mothers, fathers, peers, and media) may affect the materialism of teens. Study 1 showed a significant interaction effect of self-esteem and the materialism of peers on the materialism of teens. The interaction effects of self-esteem and other role models (parents and media) were not significant. Study 2 showed that elevated self-esteem lowered the influence of the materialism of peers on the materialism of teens. The results were not significant when other role models (parents and media) were analyzed. The results obtained in the presented studies indicate that the self-esteem of teens may have an important role in resisting the influence of materialism role models of peers. Practical implications of the studies for the psychological health of teens are also discussed.


2018 ◽  
pp. 1060-1068
Author(s):  
Galina A. Dvoenosova ◽  

The article assesses synergetic theory of document as a new development in document science. In information society the social role of document grows, as information involves all members of society in the process of documentation. The transformation of document under the influence of modern information technologies increases its interest to representatives of different sciences. Interdisciplinary nature of document as an object of research leads to an ambiguous interpretation of its nature and social role. The article expresses and contends the author's views on this issue. In her opinion, social role of document is incidental to its being a main social tool regulating the life of civilized society. Thus, the study aims to create a scientific theory of document, explaining its nature and social role as a tool of social (goal-oriented) action and social self-organization. Substantiation of this idea is based on application of synergetics (i.e., universal theory of self-organization) to scientific study of document. In the synergetic paradigm, social and historical development is seen as the change of phases of chaos and order, and document is considered a main tool that regulates social relations. Unlike other theories of document, synergetic theory studies document not as a carrier and means of information transfer, but as a unique social phenomenon and universal social tool. For the first time, the study of document steps out of traditional frameworks of office, archive, and library. The document is placed on the scales with society as a global social system with its functional subsystems of politics, economy, culture, and personality. For the first time, the methods of social sciences and modern sociological theories are applied to scientific study of document. This methodology provided a basis for theoretical vindication of nature and social role of document as a tool of social (goal-oriented) action and social self-organization. The study frames a synergetic theory of document with methodological foundations and basic concepts, synergetic model of document, laws of development and effectiveness of document in the social continuum. At the present stage of development of science, it can be considered the highest form of theoretical knowledge of document and its scientific explanatory theory.


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