Why we should see international law as a structure: Unpicking international law’s ontology and agency

This article identifies how three dominant ideas of international law (as a process, an institution and a practice) see its agency, concluding that all three share a reluctance to see international law as doing anything more than enabling the operation of other actors, forces or structures. This article argues that we should see international law as a structure because it possesses both the surface structure of rules, principles, processes, personnel and material elements of the international legal system and a deep structure of values that sits deep within our subconscious. As Shklar’s idea of legalism shows us, legalism plays a powerful role in shaping all our understandings of ourselves and the world that surrounds us. Seeing international law as a structure enables us to see how it locates actors within a social hierarchy and how it behaves in similar ways to recognised structures like capitalism and racism

Quoting from the case file: how intertextual practices shape discourse at various stages in the legal trajectory

Criminal trial hearings are communicative events that are densely intertextually structured. In the course of a trial hearing, written documents such as police records of statements made by suspects, witnesses and experts are extensively referred to, quoted, paraphrased, summarized and recontextualized. In fact, such drawing upon the (written documents in) the case file is inevitable, as demonstrating (or invalidating) the defendant’s criminal liability crucially depends on the transformation of discourses produced at previous stages of the trial into lawful evidence. Detailed analyses of the various discursive processes through which intertextual links with the case file are established are thus essential for understanding exactly how trial participants negotiate versions of events with specific legal implications. In this special issue we bring together a collection of papers that deal with such intertextual practices in different legal settings

Structural Justice: A critical feminist framework exploring the intersection between justice, equity and structural reconciliation.

Violence against women is a human rights violation (UN, 2006). It affects the health of women globally (UN, 2009) and its elimination is at the heart of many international and national goals. Intimate partner violence (IPV), one of the most common forms of gender-based violence, affects one in three women worldwide (WHO, 2013). The consequences of IPV create negative health outcomes for women that diminish their quality of life and their overall well-being. Abused women access community supports such as shelters to seek safe refuge from the abuse and restore their lives. While shelters play an extensive role in helping women to rebuild their lives they often struggle to navigate inflexible and unjust systemic structures that can be re-victimizing to women and undermine their ability to live violence free. This study describes an emergent narrative of structural justice (SJ) that arose while examining the structural challenges of 6 shelters for abused women in urban and rural Virginia. It details the critical exploration of the intersection between structure and justice by integrating existing literature with qualitative participant narratives (N=36); and constructing an operational definition of structural justice (SJ) through an iterative process. Findings reveal SJ oriented patterns that shape five core tenets at the heart of this narrative. This SJ offers a framework out of which we can create a narrative of hope and a call-to-action. to rectify systemic violence. This framework contributes to the discourse concerning the elimination of VAW as it focuses on creating justice, equity and structural reconciliation

Analyzing equivalalences in discourse: are discourse theory and membership categorization analysis comptatible

Facing a crucial leap from political philosophy to empirical analysis, the approach to discourse analysis that arose in the aftermath of Laclau and Mouffe (1985), and that is currently known as the Essex school of discourse theory (DT), has in recent years repeatedly been accused of suffering from a methodological deficit. This paper examines to what extent membership categorization analysis (MCA), a branch of ethnomethodology that investigates lay actors' situated descriptions-in-context as practical activity, can play a part in rendering poststructuralist DT notions such as articulation and equivalence analytically tangible in empirically observable discourse. Based on a review of Laclau and Mouffe's foundational text as well as on Glynos and Howarth's recent exposition of the framework (2007), it is argued that MCA empirically substantiates many poststructuralist claims about the indeterminacy of signification. However, MCA consistently falters - and willingly so - at the point where DT would articulate emerging equivalences between identity categories as part of a second-order explanatory concept, such as Glynos and Howarth’s notion of political logic. Nevertheless, MCA also contains the kernel of an "endogenous" notion of the political that comes fairly close to DT’s all-pervasive understanding of the concept. To support these arguments, a variety of empirical sources are mobilized, ranging from the transcript of a political talk show, a newspaper report regarding a discrimination case in a dance class, to data drawn from earlier research on the way that minority members are treated by the Belgian criminal justice system

Miscommunication in the institutional context of the broadcast news interview : a thesis presented in partial fulfilment of the requirements for the degree of Master of Science in Psychology at Massey University, Palmerston North, New Zealand

This study examined the pattern and relative success of linguistic interaction in the Broadcast News Interview (BNI). BNI is modelled as a genre of institutional communication. The psychological and functional characteristics of the BNI were examined from the viewpoint of how communicative conventions that normally regulate interview performance may, at times, impede effective communication. The BNI is intended to transfer information from an expert witness to an interested, though relatively uninformed audience. The interviewer is supposed to act as both conduit and catalyst. Pragmatic properties of the interlocutors' speech as they orient themselves towards the context of the conversation was analysed in order to reveal the manner in which prior assumptions or beliefs may lead to faulty inferences. The notion of miscommunication is used to describe and explain the faults associated with processes of representing the illocutionary force of an utterance, rather than deficiencies in pronunciation or auditory sensation and perception. Opting for a qualitative analysis, an attempt was made to ground explanations in relevant theoretical models of interpersonal communication and communication failure. Results indicate that the conventions that distinguish the BNI from more mundane types of interaction impede successful communication. The study highlights that participants who wish to attain their communicative goal must be more aware of the functional procedures of the BNI and anticipate impediments to successful communication

Directional adposition use in English, Swedish and Finnish

Directional adpositions such as to the left of describe where a Figure is in relation to a Ground. English and Swedish directional adpositions refer to the location of a Figure in relation to a Ground, whether both are static or in motion. In contrast, the Finnish directional adpositions edellä (in front of) and jäljessä (behind) solely describe the location of a moving Figure in relation to a moving Ground (Nikanne, 2003). When using directional adpositions, a frame of reference must be assumed for interpreting the meaning of directional adpositions. For example, the meaning of to the left of in English can be based on a relative (speaker or listener based) reference frame or an intrinsic (object based) reference frame (Levinson, 1996). When a Figure and a Ground are both in motion, it is possible for a Figure to be described as being behind or in front of the Ground, even if neither have intrinsic features. As shown by Walker (in preparation), there are good reasons to assume that in the latter case a motion based reference frame is involved. This means that if Finnish speakers would use edellä (in front of) and jäljessä (behind) more frequently in situations where both the Figure and Ground are in motion, a difference in reference frame use between Finnish on one hand and English and Swedish on the other could be expected. We asked native English, Swedish and Finnish speakers’ to select adpositions from a language specific list to describe the location of a Figure relative to a Ground when both were shown to be moving on a computer screen. We were interested in any differences between Finnish, English and Swedish speakers. All languages showed a predominant use of directional spatial adpositions referring to the lexical concepts TO THE LEFT OF, TO THE RIGHT OF, ABOVE and BELOW. There were no differences between the languages in directional adpositions use or reference frame use, including reference frame use based on motion. We conclude that despite differences in the grammars of the languages involved, and potential differences in reference frame system use, the three languages investigated encode Figure location in relation to Ground location in a similar way when both are in motion. Levinson, S. C. (1996). Frames of reference and Molyneux’s question: Crosslingiuistic evidence. In P. Bloom, M.A. Peterson, L. Nadel & M.F. Garrett (Eds.) Language and Space (pp.109-170). Massachusetts: MIT Press. Nikanne, U. (2003). How Finnish postpositions see the axis system. In E. van der Zee & J. Slack (Eds.), Representing direction in language and space. Oxford, UK: Oxford University Press. Walker, C. (in preparation). Motion encoding in language, the use of spatial locatives in a motion context. Unpublished doctoral dissertation, University of Lincoln, Lincoln. United Kingdo

The pragmatics of specialized communication

El presente artículo pretende poner de manifiesto la importancia de la pragmática en relación con la comunicación especializada. La estructura, el contenido y la terminología de los textos especializados se ven afectados por factores como la propia situación comunicativa y el conocimiento, intenciones, expectativas y creencias previos del emisor del texto. La transmisión de tal significado es difícil incluso en una sola lengua. Cuando la transmisión se produce entre dos lenguas, como es el caso de cualquier acto de traducción, las dificultades se multiplican. Por esta razón, es fundamental que los traductores sean conscientes de cómo la pragmática, más que ningún otro componente del lenguaje, puede afectar de forma decisiva a su actividad profesional

Arduous implementation: Does the Normalisation Process Model explain why it's so difficult to embed decision support technologies for patients in routine clinical practice

Background: decision support technologies (DSTs, also known as decision aids) help patients and professionals take part in collaborative decision-making processes. Trials have shown favorable impacts on patient knowledge, satisfaction, decisional conflict and confidence. However, they have not become routinely embedded in health care settings. Few studies have approached this issue using a theoretical framework. We explained problems of implementing DSTs using the Normalization Process Model, a conceptual model that focuses attention on how complex interventions become routinely embedded in practice.Methods: the Normalization Process Model was used as the basis of conceptual analysis of the outcomes of previous primary research and reviews. Using a virtual working environment we applied the model and its main concepts to examine: the 'workability' of DSTs in professional-patient interactions; how DSTs affect knowledge relations between their users; how DSTs impact on users' skills and performance; and the impact of DSTs on the allocation of organizational resources.Results: conceptual analysis using the Normalization Process Model provided insight on implementation problems for DSTs in routine settings. Current research focuses mainly on the interactional workability of these technologies, but factors related to divisions of labor and health care, and the organizational contexts in which DSTs are used, are poorly described and understood.Conclusion: the model successfully provided a framework for helping to identify factors that promote and inhibit the implementation of DSTs in healthcare and gave us insights into factors influencing the introduction of new technologies into contexts where negotiations are characterized by asymmetries of power and knowledge. Future research and development on the deployment of DSTs needs to take a more holistic approach and give emphasis to the structural conditions and social norms in which these technologies are enacte

Bridges between people: nonverbal mediation in an intercultural perspective and training proposals

Starting from the meaning of terms prejudices and mediation, the paper will deal with the theme of “intercultural mediation”, discussing aspects that characterize it, focusing on the non-verbal and creative elements. It will than reflect upon the necessary professional skills and on possible trainings through the body-artistic language (focusing on dance-movement therapy methodology), drawing inspiration from training experiences with professionals who face emergency situations within very complex social contexts. Italy receives 89% of the unaccompanied foreign minors arriving in Europe. However, Italy does not have adequate laws in place to initiate life projects and social inclusion which could help the overwhelming influx of refugees and migrants. In this very complex situation non-verbal competences can give the possibility to build bridges between people and to create social networks, that could help bring about more effective actions and, may be, political chang

Expertise as social institution : internalising third parties into the contract

Deutsche Fassung: Expertise als soziale Institution: Die Internalisierung Dritter in den Vertrag. In: Gert Brüggemeier (Hg.) Liber Amicorum Eike Schmidt. Müller, Heidelberg, 2005, 303-334