14,534 research outputs found

    Victims' Access to Justice in Trinidad and Tobago: An exploratory study of experiences and challenges of accessing criminal justice in a post-colonial society

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    This thesis investigates victims' access to justice in Trinidad and Tobago, using their own narratives. It seeks to capture how their experiences affected their identities as victims and citizens, alongside their perceptions of legitimacy regarding the criminal justice system. While there have been some reforms in the administration of criminal justice in Trinidad and Tobago, such reforms have not focused on victims' accessibility to the justice system. Using grounded theory methodology, qualitative data was collected through 31 in-depth interviews with victims and victim advocates. The analysis found that victims experienced interpersonal, structural, and systemic barriers at varying levels throughout the criminal justice system, which manifested as institutionalized secondary victimization, silencing and inequality. This thesis argues that such experiences not only served to appropriate conflict but demonstrates that access is often given in a very narrow sense. Furthermore, it shows a failure to encompass access to justice as appropriated conflicts are left to stagnate in the system as there is often very little resolution. Adopting a postcolonial lens to analyse victims' experiences, the analysis identified othering practices that served to institutionalize the vulnerability and powerlessness associated with victim identities. Here, it is argued that these othering practices also affected the rights consciousness of victims, delegitimating their identities as citizens. Moreover, as a result of their experiences, victims had mixed perceptions of the justice system. It is argued that while the system is a legitimate authority victims' endorsement of the system is questionable, therefore victims' experiences suggest that there is a reinforcement of the system's legal hegemony. The findings suggest that within the legal system of Trinidad and Tobago, legacies of colonialism shape the postcolonial present as the psychology and inequalities of the past are present in the interactions and processes of justice. These findings are relevant for policymakers in Trinidad and Tobago and other regions. From this study it is recognized that, to improve access to justice for victims, there needs to be a move towards victim empowerment that promotes resilience and enhances social capital. Going forward it is noted that there is a need for further research

    The Professional Identity of Doctors who Provide Abortions: A Sociological Investigation

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    Abortion is a medicalised problem in England and Wales, where the law places doctors at the centre of legal provision and puts doctors in control of who has an abortion. However, the sex-selection abortion scandal of 2012 presented a very real threat to 'abortion doctors', when the medical profession's values and practices were questioned in the media, society and by Members of Parliament. Doctors found themselves at the centre of a series of claims that stated doctors were acting both illegally and unethically, driven by profit rather than patient needs. Yet, the perspectives of those doctors who provide abortions has been under-researched; this thesis aims to fill that gap by examining the beliefs and values of this group of doctors. Early chapters highlight the ambiguous position of the abortion provider in Britain, where doctors are seen as a collective group of professionals motivated by medical dominance and medical autonomy. They outline how this position is then questioned and contested, with doctors being presented as unethical. By studying abortion at the macro-, meso- and micro-levels, this thesis seeks to better understand the values of the 'abortion doctor', and how these levels shape the work and experiences of abortion providers in England and Wales. This thesis thus addresses the question: 'What do abortion doctors' accounts of their professional work suggest about the contemporary dynamics of the medicalisation of abortion in Britain?'. It investigates the research question using a qualitative methodological approach: face-to-face and telephone interviews were conducted with 47 doctors who provide abortions in England and Wales. The findings from this empirical study show how doctors' values are linked to how they view the 'normalisation of abortion'. At the macro-level doctors, openly resisted the medicalisation of abortion through the position ascribed to them by the legal framework, yet at the meso-level doctors construct an identity where normalising abortion is based on further medicalising services. Finally, at the micro-level, the ambiguous position of the abortion provider is further identified in terms of being both a proud provider and a stigmatised individual. This thesis shows that while the existing medicalisation literature has some utility, it has limited explanatory power when investigating the problem of abortion. The thesis thus provides some innovative insights into the relevance and value of medicalisation through a comprehensive study on doctors' values, beliefs and practices

    The temporality of rhetoric: the spatialization of time in modern criticism

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    Every conception of criticism conceals a notion of time which informs the manner in which the critic conceives of history, representation and criticism itself. This thesis reveals the philosophies of time inherent in certain key modern critical concepts: allegory, irony and the sublime. Each concept opens a breach in time, a disruption of chronology. In each case this gap or aporia is emphatically closed, elided or denied. Taking the philosophy of time elaborated by Giorgio Agamben as an introductory proposition, my argument turns in Chapter One to the allegorical temporality which Walter Benjamin sees as the time of photography. The second chapter examines the aesthetics of the sublime as melancholic or mournful untimeliness. In Chapter Three, Paul de Man's conception of irony provides an exemplary instance of the denial of this troubling temporal predicament. In opposition to the foreclosure of the disturbing temporalities of criticism, history and representation, the thesis proposes a fundamental rethinking of the philosophy of time as it relates to these categories of reflection. In a reading of an inaugural meditation on the nature of time, and in examining certain key contemporary philosophical and critical texts, I argue for a critical attendance to that which eludes those modes of thought that attempt to map time as a recognizable and essentially spatial field. The Confessions of Augustine provide, in the fourth chapter, a model for thinking through the problems set up earlier: Augustine affords us, precisely, a means of conceiving of the gap or the interim. In the final chapter, this concept is developed with reference to the criticism of Arnold and Eliot, the fiction of Virginia Woolf and the philosophy of cinema derived from Deleuze and Lyotard. In conclusion, the philosophical implications of the thesis are placed in relation to a conception of the untimeliness of death

    Towards a more just refuge regime: quotas, markets and a fair share

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    The international refugee regime is beset by two problems: Responsibility for refuge falls disproportionately on a few states and many owed refuge do not get it. In this work, I explore remedies to these problems. One is a quota distribution wherein states are distributed responsibilities via allotment. Another is a marketized quota system wherein states are free to buy and sell their allotments with others. I explore these in three parts. In Part 1, I develop the prime principles upon which a just regime is built and with which alternatives can be adjudicated. The first and most important principle – ‘Justice for Refugees’ – stipulates that a just regime provides refuge for all who have a basic interest in it. The second principle – ‘Justice for States’ – stipulates that a just distribution of refuge responsibilities among states is one that is capacity considerate. In Part 2, I take up several vexing questions regarding the distribution of refuge responsibilities among states in a collective effort. First, what is a state’s ‘fair share’? The answer requires the determination of some logic – some metric – with which a distribution is determined. I argue that one popular method in the political theory literature – a GDP-based distribution – is normatively unsatisfactory. In its place, I posit several alternative metrics that are more attuned with the principles of justice but absent in the political theory literature: GDP adjusted for Purchasing Power Parity and the Human Development Index. I offer an exploration of both these. Second, are states required to ‘take up the slack’ left by defaulting peers? Here, I argue that duties of help remain intact in cases of partial compliance among states in the refuge regime, but that political concerns may require that such duties be applied with caution. I submit that a market instrument offers one practical solution to this problem, as well as other advantages. In Part 3, I take aim at marketization and grapple with its many pitfalls: That marketization is commodifying, that it is corrupting, and that it offers little advantage in providing quality protection for refugees. In addition to these, I apply a framework of moral markets developed by Debra Satz. I argue that a refuge market may satisfy Justice Among States, but that it is violative of the refugees’ welfare interest in remaining free of degrading and discriminatory treatment

    Marvellous real in the Middle East: a comparative study of magical realism in contemporary women’s fiction

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    Magical realism has been studied extensively in relation to Latin America and subsequently in other parts of the world, yet the Middle East has not received adequate attention in academic scholarship. This PhD study examines a selection of contemporary female-authored narratives from the Middle East to establish an understanding of the practice of magical realism in this region. The selected texts for this study are: Raja Alem’s Fatma and My Thousand and One Nights; Shahrnush Parsipur’s Women Without Men and Touba and the Meaning of Night; Elif Shafak’s The Bastard of Istanbul and Gina B. Nahai’s Moonlight on the Avenue of Faith. This study firstly explores the concept of magical realism as a mode of writing and determines its relationship to the Middle Eastern context. It then evaluates the texts under scrutiny by examining how the narrative of magical realism is constructed and what the sources are of the magical component in these texts, specifically in relation to Middle Eastern mythology. It also investigates the ideological aspect behind the employment of magical realism and whether it serves any political goal. The analysis of the selected texts is approached from three standpoints, that is, from literary, mythological and ideological perspectives. I argue that magical realism serves various purposes and that it is applied from perspectives that can be regarded as marginal to their communities’ dominant values, to subvert mainstream ideology. I also demonstrate that the Middle East is a crucial place to investigate magical realism because of the numerous complex cultural values that interact with each other in this region, and which enrich the practice of magical realism

    Embodying entrepreneurship: everyday practices, processes and routines in a technology incubator

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    The growing interest in the processes and practices of entrepreneurship has been dominated by a consideration of temporality. Through a thirty-six-month ethnography of a technology incubator, this thesis contributes to extant understanding by exploring the effect of space. The first paper explores how class structures from the surrounding city have appropriated entrepreneurship within the incubator. The second paper adopts a more explicitly spatial analysis to reveal how the use of space influences a common understanding of entrepreneurship. The final paper looks more closely at the entrepreneurs within the incubator and how they use visual symbols to develop their identity. Taken together, the three papers reject the notion of entrepreneurship as a primarily economic endeavour as articulated through commonly understood language and propose entrepreneuring as an enigmatic attractor that is accessed through the ambiguity of the non-verbal to develop the ‘new’. The thesis therefore contributes to the understanding of entrepreneurship and proposes a distinct role for the non-verbal in that understanding

    The crisis of cultural authority in museums : contesting human remains in the collections of Britain

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    Museums in Britain have displayed and researched human remains since the eighteenth century. However, in the last two decades human remains in collections have become subject to claims and controversies. Firstly, human remains associated with acquisition during the colonial period have become increasingly difficult to retain and have been transfered to culturally affiliated overseas indigenous groups. Secondly, a group of British Pagans have formed to make claims on ancient human remains in collections. Thirdly, human remains that are not requested by any community group, and of all ages, have become the focus of concerns expressed about their treatment by members of the profession. A discourse arguing for 'respect' has emerged, which argues that all human remains should be treated with new care. The claims made on human remains have been vigourously but differentially contested by members of the sector, who consider the human remains to be unique research objects. This thesis charts the influences at play on the contestation over human remains and examines its construction. The academic literature tends to understand changes to museums as a result of external factors. This thesis argues that this problem is influenced by a crisis of legitimacy and establishes that there are strong internal influences. Through a weak social constructionist approach I demonstrate that the issue has been promoted by influential members of the sector as part of a broader attempt to distance themselves from their foundational role, as a consequence of a crisis of cultural authority stimulated by external and internal factors. The symbolic character of human remains in locating this problem is informed by the unique properties of dead bodies and is influenced by the significance of the body as a scientific object; its association with identity work and as a site of political struggle, in the high modem period
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