scholarly journals Predefined criteria and interpretative flexibility in legal courts’ evaluation of expertise

2019 ◽  
Vol 28 (8) ◽  
pp. 883-896
Author(s):  
Jaakko Taipale

This study examines two different approaches in empirical analysis of judges’ evaluation of expertise in court: first, an analyst-based approach that employs predefined normative criteria to measure judges’ performance, and second, an actor-based approach that emphasizes interpretative flexibility in judges’ evaluation practice. I demonstrate how these different approaches to investigating judges’ adjudication lead to differing understandings about judges’ abilities to evaluate scientific evidence and testimonial. Although the choice of analytical approach might depend on context and purpose in general, I contend that in assessing judges’ competence, an actor-based approach that adequately describes the way in which judges relate to and handle expertise is required to properly understand and explain how judges evaluate expertise. The choice of approach is especially important if the resulting understanding of judges’ competence is subsequently used as a basis for making normative and prescriptive claims with potential consequences for trial outcomes.

1972 ◽  
Vol 10 (2) ◽  
pp. 169-189 ◽  
Author(s):  
V. L. Allen

The purpose of this article is largely methodological, in that it aims to sketch an analytical approach to the question of differentiation rather than to provide an empirical analysis. There are clear reasons for approaching the issue in this way. We need to know what the term ‘working class’ means, whether there are divisions within it which significantly influence the behaviour of those affected by them, and the forms which these divisions take. In other words we want to know whether it is stratified. To assume that it is so is to take as given the answers to questions which should be asked. We need to know whether social relationships in any situation are arranged into strata and, if they are, whether they have consistent relationships and are ranked in terms of superiority according to some pre-selected criterion. It is because these questions are not usually asked that studies of social stratification largely consist of fitting empirical data into a predetermined mould. To start by questioning the existence of differentiation is a very modest, cautious approach.


KronoScope ◽  
2012 ◽  
Vol 12 (2) ◽  
pp. 171-184
Author(s):  
Nicolas Go

Abstract It is striking to note to what extent the time issue in education is commonly understood in terms of chronology. It is an institutional and linear time that is divided and then fitted back together like a Russian doll in an analytical approach. The conception of time is reversible and possesses the same characteristics as space. It is a paradox that this institutional rationalization of time by reversible chronological divisions barely conceals the whole concrete and living reality of human time, which is a continuous process of change that philosophers generally call duration. On the contrary, far from the above reduction, its specificity lies in its irreversibility. This article intends to present both the results of empirical research on cooperative pedagogy and its current theorization. The emergence of complexity in time is visible in the primacy given to processes in the educational relationship. The way the multiple scales of complexity are superposed is reflected in the cooperative organization of work, for a new educational temporality which results in an increase in joyful emergences.


2018 ◽  
Author(s):  
Alasdair Neilson

This paper seeks to highlight the importance of metaphors for marine conservation and policy. It argues that themanner in which the oceans are perceived, often as an alien landscape, can limit the way language is utilised inmarine conservation efforts. This limitation can produce unhelpful environmental metaphors that, instead ofacting as catalysts for action, produce negative and reactionary responses. It illustrates this point through theexample of what has become known as the ‘Great Pacific Garbage Patch.’ It postulates that if there is a disconnectbetween the many complex environmental issues facing the world's oceans and the way they are perceived, thenmore focus should be placed on developing pre-determined culturally embedded metaphors, which can conjurerelatable imagery, but that are also rooted in scientific evidence. It recommends that, in an extension to existingpublic perception research (PPR) on how different communities value the ocean environment, there is room forshared metaphors of the oceanic environment to be developed that can help raise awareness within a particularcultural setting.


2016 ◽  
Vol 10 (6) ◽  
pp. 219
Author(s):  
Ali Piri ◽  
Mohammad Piri

The reign of Saljuqian in Iran is considered as a flourishing era of Islamic-Iranian culture. In the Saljuq period, Iran art has experienced and underwent some changes as long as the presence of these evolutions as keystone in Iranian traditional arts have played a significant role in arts such as architecture, painting, pottery and etc. Since the effect of the Saljuq art has been so impressive, even it is not considered as a renaissance period, it can be accounted as one of the significant period in Iranian art. The purpose of this study is to point out some features of the Saljuq art through using descriptive-analytical approach, and to examine some aspects of arts including architecture, pottery, and textile in this period. What is more, the outcomes of the present paper reveal that with regard to the Saljuq architecture, mosques have been formed by nave, dome, and four-porch courtyard derived from Khorasan architecture art. The eminent buildings of this period are Jameh Mosque of Isfahan, Jam Minareh, Sanjar monument in Marv city. Successes have been also achieved in pottery art such as making pottery dishes with over glaze, and under glaze painting and red dishes with white cover. In the field of discovered metal works, there is a variety of bowls, vases and golden, silver and bronze cups which have been carved, embossed and inlayed by picture of animals and plants as well as Kufic script. Moreover, the silk textile known as Ordaki has been one of the brilliant samples of textiles art in this period, decorated with blue Kufic script. In overall, Saljuq arts have paved the way for more development of arts in the subsequent years.


2014 ◽  
Vol 13 (4) ◽  
pp. 755-780 ◽  
Author(s):  
Majid KhosraviNik ◽  
Mahrou Zia

This study adopts a Critical Discourse Analytical approach to investigate how a form of Iranian national(ist) identity is (re)constructed and (re)presented on a popular Facebook Page called Persian Gulf. It focuses on linguistic practices of the Iranian side of the debate over the name of this body of water. After briefly discussing some of the challenges of applying CDA to a participatory web platform e.g. Facebook, This paper explores the characteristics of the Persian identity discourse in the way that it is utilised to legitimize the name Persian Gulf vs. the claim to the name Arabian Gulf. The paper concludes that the emergent Persian national/ist identity discourse is strongly preoccupied with opposing a perceived cultural invasion of the Arabic Other in its emphatic defence of the name Persian Gulf but in the meantime it aspires to distinguish itself from the officially propagated Islamic identity. It is also shown that aspects pertaining to powerfulness, defiance and conflict are the main thrusts of the discursive representation of this Self-identity.


Author(s):  
Mari Holen ◽  
Sine Lehn-Christiansen

Problematized patients – Intersectional perspectives on gender, ethnicity, class and biomedicine. This article presents an empirical analysis of the constitutional processes of becoming a patient in a Danish hospital setting by focusing on the intersections between biomedicine, gender, ethnicity, and class. The article uses the concept of intersectionality to emphasize institutional practices and how they shape knowledge, how inequalities are intersectional and contextual, and how the positioning of patients and thereby access to health care is differentiated by race, class, and gender. Three ‘problematized’ patients are analysed, showing how patients are subjectified by the hegemonic knowledge regimes of the hospital. This illustrates that gender, ethnicity, age and class play a constitutive role in the way patients are constructed as problematic within the clinic, thus supporting existing research in biomedicine as not neutral but negotiable. In addition, the arti- cle shows how the categories of gender, ethnicity, and class are put into play, silenced, and/or merged and mixed differently in each case.


2019 ◽  
Vol 18 (05) ◽  
pp. Y01 ◽  
Author(s):  
Craig Cormick

Can we really say what type of story has impact on us, and what type of story does not? Evidence suggests that we can. But we need to better understand the way that stories work on us, at a neural and empathetic level, and better understand the ways that the elements of stories, such as structure and metaphor work. By combining scientific research with the deeper wisdom of traditional storytelling we have both a deep knowledge married to scientific evidence — which can be very powerful tools for science communicators.


Author(s):  
Uzukwu Joy Ebere ◽  
Nworuh Godwin ◽  
Asiegbu Baldwin Chukwunanu ◽  
Ahaiwe, Josiah ◽  
Nwokorie Chioma Euphemia

Author(s):  
Ahmad Ghaleb ALkhresheh

This study investigates and analyzes the rhetorical and poetic evidence in Anwar al-Tahali as contained in the poem of al-Halli by Abu Abdullah ibn Abi al-Qasim (787 AH), a prominent figure in the Maghreb region. The study focuses on two areas: the way the author followed in introducing the rhetorical aspects through combining between the originality of the early rhetoricians and their attention to application and analysis on one hand, and the philosophy of later scholars and their focus on limitations and definitions on the other hand. The second area is that Abi al-Qasim attached a great attention to the poetic rhetorical evidence in his book through a clear approach based on analysis, explanation, examples. Preliminarily, the study introduces Anwar al-Tahali along with two areas. The first area includes the poetic rhetorical evidence of Ibn Abi al-Qasim and his position in relation to imitation and renovation, while the other area deals with the methodology of that position. The study, therefore, adheres to the descriptive – analytical approach. It concludes that Ibn Abi al-Qasim was able to break away from the stereotypical pattern that prevailed in the poetic rhetorical evidence after Abdul Qaher al-Jarjani. The study highlights the importance of studying the rhetorical evidence in the heritage of the ancients in general, and the later ones in particular, because this heritage contains a huge amount of evidence that we may not find in other sources.


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