The Judge as a Negotiator: Claims Negotiating and Inequalities in China’s Judicial Mediation

2021 ◽  
pp. 1-29
Author(s):  
Xin He

I propose a three-way model of negotiation on judicial mediation: the judge as a negotiator. Primarily drawing on ethnographic observations of a civil judge in a basic-level court in hinterland China, I document Chinese judges’ tactics at the micro level. I find that the Chinese judge not only “expands” and “narrows” claims. In addition, included in her repertoire are “repression,” “conversion,” and “facilitation.” Following this, I explore the inequitable consequences of the judge’s apparent success in disposing cases. In negotiating the claims, the judge convinces or cajoles litigants who are economically vulnerable, inexperienced in the courtroom, legally bewildered, or timid in confronting the judges’ authority, into the settlement. But she often facilitates the claims of litigants who can mount credible political resistance. The interests of those who are vulnerable in one way or another, but not in a position to initiate political threats, are often dispensed. Inequalities are thus generated, reproduced, and reinforced. This three-way negotiation model provides a new perspective to study judicial mediation comparatively.

2020 ◽  
Vol 11 (3) ◽  
pp. 477-500
Author(s):  
Nataliya Podkhodova ◽  
Viktoria Snegurova ◽  
Natalia Stefanova ◽  
Alla Triapitsyna ◽  
Svetlana Pisareva

Development of students’ mathematical skills is associated with quality teaching, which means that mathematics teachers should be able to successfully solve mathematical, teaching, and professional problems. The article aims to describe the assessment system of mathematics school teachers’ professional competence, which helps identify gaps in their training and design tailor-made retraining courses. 2,359 mathematics teachers from 13 regions of Russia participated in the research on 05–29 September 2017. Foremost, we conducted a survey and collected data about their teacher category and teacher expertise. Next, we provided a preliminary diagnostic test to enable the participants to self-assess their subject matter and teaching competencies. After that, they completed a three-part diagnostic test to assess their abilities to solve mathematical, teaching, and professional problems. Finally, the participants conducted video lessons. The three-part diagnostic test and video lessons allowed determining the professional competence level for every mathematics teacher. 24% participants showed level I of professional competence, 44% – level II, 9% – level II; 23% participants did not pass the basic level of professional competence. The results show that the mathematics teachers have difficulties in solving mathematical, teaching, or professional problems so tailor-made retraining courses are required. The developed assessment system underlies designing the courses.


Author(s):  
Paul Morrissey

This chapter analyzes the emerging trend in tertiary education to manage institutional reputation, and it offers evidence from case studies in developed and emerging economies to support the analysis. The evidence presented suggests that this activity is global in scope and is associated with the ever-increasing competitive environment in which universities and other tertiary colleges find themselves. The management of reputation appears to revolve around the core activities of research and teaching and the development of an international environment, suggesting a convergence of governance at the micro level. The purpose of the chapter is to provide a new perspective on neo-liberal governance in HE, and to show how the current emphasis on international competition and the knowledge economy affects individual institutions in different national systems in different ways. The chapter also points to the challenges that the quest for enhanced reputation may present managers.


A statute is divided into: Vocabulary • sections; Repeal— abolition of all or part of a • sub-sections; previous statute. • paragraphs; Amend— changing part of a previous • sub-paragraphs; statute. • Parts; • Schedules (at the end). Parliament can enact laws about anything—but a law may prove impossible to enforce. Legend records that one particular King of England, Canute, was humbled when he attempted to demonstrate his sovereign power by seating his throne on the beach and ordering the tide not to come in! For come in it did, much to his embarrassment. When approaching a statute as a new law student the most difficult task is understanding, at a basic macro- (wide) level, what the statute as a whole is striving to do and at the micro- (narrow) level what each section is saying. As proficiency is gained in handling statutory rules it will be found that it is not usually necessary to deal with the entire statute. The overall statute can be briefly contextualised and only relevant sections need to be extracted for detailed consideration, analysis, or application. However, ‘sections’, those micro-elements of statutes, will be all the more confidently analysed because, at any given moment, it is known how to relate any aspect of the statute to its general layout. Often, initial understanding eludes the law student. Doubts concerning the meaning of parts of the statute do not occur at the level of sophisticated analysis. They occur at the basic level of combining English language skills and legal skills to obtain foundational understanding. If doubts remain at this level, there can be no possibility of attaining sophisticated analysis! 3.4.4 Case study: breaking into statutes 3.4.4.1 Unfair Contract Terms Act 1977 To explore methods of breaking into statutes and understanding statutes at the macro- and micro-level the rest of this chapter will deal with a real statute, the Unfair Contract Terms Act (UCTA) 1977. Figure 3.10, below, builds on the abstract general layout of Figure 3.8, above, by customising it to fit UCTA 1977. This statute will continue to be used for demonstration purposes for the rest of the chapter. The full text of the statute can be found in Appendix 1. Study Figure 3.10, below, carefully. Note which parts are linked and which are not by following the lines and arrows. Reading the summarised headings constructs a basic overview of what the statute is about. Before considering how to break into statutory language in such a way as to be able to confidently précis whole sections for the purposes of such a layout, it is important to study the layout until it is familiar and comprehensible. There are no shortcuts; this takes time.

2012 ◽  
pp. 58-59

2016 ◽  
Vol 26 (3) ◽  
pp. 471-491 ◽  
Author(s):  
Alexandre Livingstone Smith

The multiscalar analysis of pottery traditions in south central Africa opens a new perspective on the study of ancient polities. Focusing on an area of central Africa known for the existence of great kingdoms, I show how past political entities have left lingering traces in the cultural landscape and, more specifically, in the pottery traditions. As ceramics are one of the major tools in the archaeological arsenal, the way they can be related to political structures is of interest to archaeologists around the world. Analysing the chaîne opératoire of living pottery traditions, at an individual and regional level, I characterize the geographic extent of a series of technical behaviours. These technical domains fit with other aspects of society such as languages or matrimonial strategies, but also with economic and political aspects such as salt making and distribution networks and past political entities. They are the materialization of resilient social spaces created by ancient political entities.


Afrika Focus ◽  
2019 ◽  
Vol 32 (1) ◽  
pp. 159-170
Author(s):  
Rasheedah Liman

The thematic concerns of some dramatic creations among postcolonial African playwrights often bear witness to moments of ideological encounter between the colonizer and the colonized. The dramatic space also serves as an avenue where the encounter is revisited, reassessed, or challenged. In this way, Attahiru, a play by Ahmed Yerima introduces a new perspective that insists on the presentation of a version of history that is different from the dominant position of colonial power. On the one hand, colonial accounts portrayed Sultan Attahiru, the Sultan of the Sokoto Caliphate during the late 19th century, as an element of destabilization and a threat to the power and order established by the British colonialists, particularly in the northern protectorate. On the other hand, through narrative technique, Ahmed Yerima illustrates political resistance and the discourses of tradition and modernity, conflicts of religion and culture and the question of identity and power. The historical figure Attahiru is revived as a resistance fighter, a religious figure, a revolutionary leader who is sensitive to power and the demands of his people. However, the major problem arising from a comparison between the historical figure of Attahiru and the dramatic character remains that of the credibility of their representations. The question then is, can narrative technique in a dramatic text give credence to a dramatic character, represented in the synchronic present over the historic one that is constructed by a method aspiring to be objective and rigorous? This paper attempts to answer this question through the textual analysis of the play text against the backdrop of various historical accounts.


2018 ◽  
Vol 46 (2) ◽  
pp. 281-301 ◽  
Author(s):  
Uzi Ben-Shalom ◽  
Rinat Moshe ◽  
Rony Mash ◽  
Amit Dvir

This study explores the “black box” of face-to-face violence during terror attacks. It is based upon visual analysis of a representative sample of terror attacks that occurred in Israel during 2015–2016, a period which is labeled “The Intifada of Individuals.” We offer a new method for this purpose by using available materials that military sociologists can retrieve and employ when they use the “macro”-level framework in their study of “micro”-level actions. The abundance of audiovisual devices allows a new perspective of belligerent friction typical of “New Wars.” Our methodology includes a combination of video and audio materials from open sources. Our analysis untangles the complexities of belligerency by minimizing the overall occurrences to the actions of the antagonist, the disrupter, and the crowd. We discuss our understandings for policy making concerning armament of civilians and overcoming the manipulation of terror attacks by media, government, and terrorists.


Author(s):  
Brody Burns

Raedon is about insomnia during the pandemic in the middle of December. The colours represent nocturnal hours as if they were the dark blue night sky with the northern lights out. Every students’ class is moved to remote access. Stay home advisories are still in place with social distancing. This causes some complications as there is a lot of “free” time in the comfort of our home. For me, it’s painting until 5 or 6 am in the morning. Then waking up just in time for WebEx class meetings, workout, homework, game, paint – repeat.   Awakening is about overcoming all the hardships the pandemic has brought. It is a part of my on-going series called The Void. The pandemic has shown me things I needed to deal with on a personal level. I hit rock bottom in my life and failed in so many ways during Covid-19. My life began to turn towards positive after fasting late summer of 2020. I’m fortunate to have a new perspective on my life and the future. I am grateful I get to finish my psychology degree and begin my Bachelor of Fine Arts. In other words, Awakening represents healing, strength and a clear focus for the future regardless of things going on outside of ourselves.


2021 ◽  
Vol 4 (2) ◽  
pp. p1
Author(s):  
Rajasekaran Ekambaram ◽  
Indupriya Rajasekaran

One of the facts about how nanoparticle assemble and act is revealed using carbon value in biomolecule of living system here. This is how the biomolecules interact to bring about a micro or even macro level interaction in system of interest. This study shows micro level understanding can be better utilized from carbon analysis at nano level. I plan to extend this phenomena of change from nano to micro for building large scale applications in human nature. Applications include corrections in both at sequence and structure level for permanent recovery of defective one, adding flavor to the existing biomolecule for faster delivery or recovery etc. I have demonstrated here the active role played by carbon and all. This might be extended to another system of setup where new applications yet to be created. One can extend this phenomena of change from nano to large scale one.


2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Barbara Sonnenhauser

AbstractEven though the Balkans constitute one of the most prominent examples of linguistic areas, little is known about the actual processes and mechanisms contributing to the shaping of this area. Most of the assumptions are based on macro-level analyses and describe the linguistic changes observed in terms of generalising tendencies such as increase in analytism or simplification of structures. In order to approach the processes underlying contact-driven change and area formation, however, the focus needs to be shifted to the micro-level, i. e. the individuals and their communicative practices. Among the rare sources allowing to assume this actor-centred perspective is Gjorgji Pulevski’s trilingual dictionary of Macedonian, Albanian and Turkish from 1875, which on the orthographic and morphological level allows for insight into a multilingual speaker’s perceptions the languages s/he is exposed to and makes use of in her/his every day communicative practice. The present paper discusses the structural parallels between Macedonian and Turkish observed in the dictionary. It illustrates in how far these parallels may contribute to our understanding of the specific kind of individual multilingualism that provided the basis for the morphosyntactic developments observed for the Balkan linguistic area, and may also help to shed light on the more general nature of these developments. It is suggested that these processes evince an increase in morphological transparency, i. e. morphem-to-function mapping, as the most salient and probably most effective outcome of largely imperfect multilingualism.


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