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1.
This paper consists of two parents’ accounts of their experiences of having children with AD/HD. The article is divided into three distinct sections. In the first section the mother of ‘Simon’ describes her experience of bringing up a child who, from early infancy, presented challenging behaviour. She describes the effect of this on her family and her self esteem as a parent. She goes on to give an account of the process by which ‘Simon’ came to be diagnosed as having AD/HD and the effects of the ensuing treatment programme. In the second section the same writer describes the impact of her experience on her relationships with the extended family. The third section of the paper is provided by a second writer, who is also the mother of a child with AD/HD. This section focuses on the difficulties she experienced in dealing with her child's educational needs and the conflicts which arose between her and staff in her child's school.  相似文献   

2.
Whole Women’s Health v. Hellerstedt was the most important abortion case to come before the United States Supreme Court in 25 years. It was also the first time that three women were seated on the high court to hear a case that challenged the fundamental right to choose abortion. I investigate the questioning by Justices Ginsburg, Sotomayor, and Kagan at oral argument for Whole Women’s Health as a rhetorical enactment of feminist judging and argue that the rhetorical skepticism of the SCOTUS women—their persistent questioning, defiant expressions of doubt, and incredulous style—challenged the discursive boundaries of abortion jurisprudence and advanced a feminist demand that regulations to abortion rights receive heightened scrutiny from the courts. Importantly, Whole Women’s Health demonstrates how rhetorical skepticism may operate as a powerful mode of feminist legal invention—to disrupt the norms of legal reasoning and draw the traditions of legal discourse into doubt in order to authorize a discursive space for feminist legal judgment.  相似文献   

3.
执政党,是指通过制度性选举或暴力革命而执掌一国政权的政党,它可能是一个政党,也可能是多党联盟.执政党司法话语权,就是在法院司法过程中执政党对司法行为的言说权和行为权.执政党司法话语权的运行模式主要包括:执政党司法话语权运行的间接模式;执政党司法话语权运行的直接模式.  相似文献   

4.
OBJECTIVE: To show changes in the way juvenile judges and judicial child protection workers deal with physical child abuse in the period 1960-1995 in the Netherlands. METHOD: The study is based on an analysis of files on adolescent and younger children placed by juvenile judges in the Dutch judicial child protection system during the 1960s, 1970s, 1980s, and 1990s. RESULTS: The prevalence of very severe physical violence against children was lower in the recent files than in the older files. Spanking and other minor violence acts were noted more often than in the older files. In the 1960s files, the parents talked still rather openly about the physical punishments they used in child rearing. In spite of the growing attention for and increasing concern about child abuse among professionals, judicial child protection workers intervened less harshly in recent cases of physical child abuse than in the 1960s. CONCLUSION: The decrease in severe physical child abuse may indicate that physical child abuse is actually becoming a less serious problem in the Dutch judicial child protection system. But that may not be the case because of the increased reluctance of parents to report and changes in intervention practices. Other than expected, the growing sensibility for child abuse did not mean more effective control by judicial child protection workers. Possible reasons for these changes are discussed, including the strengthening of the position of perpetrators in law proceedings and the emancipation of children and women in society.  相似文献   

5.
ABSTRACT

Eleanor Leacock (1922–1987) was a cultural anthropologist and prominent critic of the “culture of poverty” framework. This paper analyzes Leacock’s writings on the culture of poverty with the following questions in mind: How did Leacock’s critique of the culture of poverty framework evolve over time? What was her dissatisfaction with the available conceptual vocabulary and how was she struggling to grow beyond it? We illustrate the shift in Leacock’s critique of culture of poverty discourses by juxtaposing key writings from 1960 and 1980. We then offer an interpretation of the shift by discussing four central themes across her work: the we–they dichotomy, definitions of culture, a critique of research methods, and the real-world effects of the culture-of-poverty thesis. We conclude by drawing insights from the evolution of Leacock’s thinking to advance a critique of contemporary culture of poverty discourses, and to help develop an alternative conceptual vocabulary.  相似文献   

6.
日本通过司法改革,建立了新的知识产权诉讼制度,目的是提高知识产权纠纷解决效率、更好地保护知识产权法律关系,以充分体现和落实知识产权立国理念。日本的知识产权诉讼在很多方面有自己的特点,比如建立了知识产权法院、专家参加案件的审理、法官可以对专利无效的抗辩进行审理、注重商业秘密的保护等。日本知识产权民事诉讼制度对中国完善知识产权诉讼制度的探讨具有启发意义。中国应借鉴日本经验建立知识产权上诉法院,保障知识产权专家参与案件审理,在知识产权侵权诉讼中引入无效抗辩制度。  相似文献   

7.
《婚姻法司法解释三》第十条关于个人婚前按揭贷款的房屋产权及婚后共同还贷问题的规定,是否会损害无过错方的权益,成为社会关注的焦点,也成为学界研究的热点问题。本文从离婚诉讼中无过错方的定义入手,详细论述了《婚姻法司法解释三》对离婚诉讼中无过错方权益的冲击,并结合我国现在社会法律规定提出了相应的解决对策。  相似文献   

8.
实证主义向后看的司法模式和实用主义向前看的司法模式虽然都有合理的一面,却都失之偏颇,调和论的司法判决也无法在过去和未来之间建立一致性。德沃金整体性司法对法律的要求是解释性的判断,因而将回顾性和前瞻性的要素结合在一起。整体性司法把当代法律实践解释为正在逐步展开的政治叙事,从而为司法带来融贯性模式。然而,德沃金的整体性融贯却与现代社会的多元道德观格格不入,因而受到了拉兹的局部融贯论的攻击。  相似文献   

9.
We present a story of a teacher educator’s response to a situation of contingency and describe how her experience enhanced her personal mathematical knowledge and influenced her teaching. In our analysis, we attend to different levels of awareness that support a teacher educator’s work and illuminate the qualities of a teacher educator’s knowledge, in particular, knowledge at the mathematical horizon.  相似文献   

10.
WTO争端解决机构(DSB)法律解释权的制度化旨在建立起DSB法律解释权的完整制度,同时也是对于DSB"司法造法"为标志的WTO司法能动主义倾向的一种制度回应。DSB法律解释权的制度化应立足现实需要,确定制度理念及原则,明确制度要素与模式,界定DSB法律解释权的内涵。在未来谈判中,应将DSB法律解释权制度纳入DSU体系。  相似文献   

11.
随着我国市场经济的深入发展,大量国有企业纷纷改制,虽然改制后的企业经济效益显著提升,但在国有控股、参股公司中的职务犯罪却时有发生,对于这种企业中的职务犯罪如何适用法律却成了当前司法实践中面临的一个难题。各地对于国有控股、参股公司是否属于国有企业,国有控股、参股公司中职务犯罪的主体是否具有国家工作人员身份,其犯罪对象是否是国有资产,对"委派"和"从事公务"应该如何理解等诸多方面均存在争议。从当前的刑法理论与司法实践出发,对如何认定国有控股、参股公司中国家工作人员的身份及职务犯罪进行论述和探讨。  相似文献   

12.
刑事和解中的人民调解模式,实现了刑事和解制度与人民调解制度的对接,体现了刑事和解的价值意蕴,既可以避免公检法机关在主持和解时的尴尬位置,又有利于节约司法资源,提高司法效率,贯彻能动司法。人民调解制度与刑事和解具有天然的契合性。人民调解模式应当成为我国刑事和解模式的首选。  相似文献   

13.
This study unveils a tertiary EFL reading teacher’s reader identity and its interconnectedness with her pedagogical decisions through narrative inquiry. Community of Practice was employed to elucidate the sources of this reading teacher’s reader identity and the interplay between that and her teaching practice. Findings from the categorical content analysis show that this reading teacher’s reader identity was projected through her strong passion towards reading. An interactive reading process that results in a better self-understanding is experienced through the reader’s reflection on her readings. She reified her reader identity in her teaching practice by forming a readers club. Reader (teacher)-text- reader (student) interaction is thus the most salient feature of this readers club and serves as a mediator that connects the members. Along with this feature, her competence of synchronicity with students was observed in this experienced reading teacher. Pedagogical implications concerning teacher education are discussed.  相似文献   

14.
In this paper I explore how women’s thinking subjectivity is structured by a need to negotiate between identifying with and repudiating our mothers. Oriented by Melanie Klein’s theory of matricide which posits that an infant’s capacity to think for herself originates in her need to separate from her mother, I consider the implications of this structure for women’s gendered experiences of intellectualism. To examine how this dilemma of matricide animates women’s thinking lives I read Helen M. Buss’s criticism of Carolyn Kay Steedman’s memoir Landscape for a Good Woman. I argue that Buss’s criticism of Steedman is symptomatic of her ambivalent relation to the problem of identification and repudiation that drives her own intellectual labour. I then turn to a scene in Buss’s memoir, Memoirs from Away, to examine how the matricidal dilemma resonates through her work of reading other women’s memoirs and of writing her own.  相似文献   

15.
ABSTRACT

This article examines and analyses the authentic experiences of a doctoral student, Kate, in the period just prior to Confirmation, an academic milestone in the Australian doctoral education context. The article uses qualitative phenomenological inquiry as the methodology and employs ideas drawn from the writings of hermeneutical phenomenologist, Paul Ricoeur, especially his notions of narrative, self, time, and human agency. These ideas are utilised in order to ‘get inside’ the constructions of self, the strategies of learning and adaptation, and the experiences of being a doctoral candidate within the milieu of an Australian university education faculty. The writers argue that such a close and personal examination of experience and a hermeneutical approach to analysis is important for a deep understanding about how Kate negotiated her way through the hurdles of early candidature and adapted her life and identities towards success. Particular focus is given to Kate’s experiences of transition and change and the formation of her academic identity that emerged out of these experiences, which led to successful negotiation of this early period of candidature. The research findings reported in this article suggest that Kate’s deep reflexivity, enjoyment of her research and sense of her own well-being as a doctoral student are significant for her perseverance through difficult milestones and ultimately her successful completion of her PhD.  相似文献   

16.
我国人民陪审制度存废之争并存。该文通过分析其原因,并借鉴香港陪审制,提出弥补和完善我国人民陪审制度不足的可行性建议,以期实现人民陪审制度的司法民主、权力制约和审判监督的功能。专家陪审员既要保持大陆法系陪审制特色,又要吸收香港陪审团制度优点,这是可行的改革方向。  相似文献   

17.
This article is an autoethnographical exploration of key events in the author’s life that influenced, even propelled, her into academia, despite working-class cultural and economic barriers. This study chronicles moments when circumstances converged to cause dramatic shifts in perspective that steered her toward a fulfilling life as a scholar. It also reveals the accidental nature of that journey and seeks to understand ways educators might encourage more deliberate academic pursuits for members of lower socioeconomic groups. The author argues for making universities more diverse and inclusive by recognizing the obstacles most working-class and poor students face and valuing the qualities necessary to overcome them.  相似文献   

18.

The politics of children’s literature and the actors surrounding it have never been more visible than they are now, in the digital age. As one of the first children’s series to gain widespread popularity concurrently with the spread of the internet, the Harry Potter septet arrived on the global stage at the perfect moment to develop an avid, connected fandom. But the fandom has laid bare the many conflicting ideologies of the fans themselves and of the actors surrounding the texts. This article examines the contentious issue of gender nonnormativity and its relation to the Harry Potter texts, the queer/trans reading practices and political resistance common to the fandom, and the ongoing disagreements over gender, made visible on social media, between Rowling and the fans of her series. The article discusses the Harry Potter novels’ varied and conflicting ideologies; queer/trans readings of the Potter septet, including both invitations and resistances to queer/trans reading by Rowling herself; how gender is queered and queried in and through fan fiction; and finally, the recent hostilities between Rowling and her fans. It concludes by discussing the worsening relationship between Rowling and her fans and highlighting how fans are using their collective power to undermine Rowling’s gender politics through fan fiction. By doing so, the article traces the complex politics of the reception of books for young people in the digital age, demonstrating that authors’ powerful voices continue to shape readers’ responses to texts long after their publication but showing, too, that readers often resist authors’ attempts to influence not only their textual interpretations but their politics.

  相似文献   

19.
我国夫妻财产制由法定财产制和约定财产制两部分构成,由于现行婚姻法相关立法存在缺陷,因而给司法实践中夫妻财产纠纷的解决带来许多困扰。针对这些缺陷,最高人民法院于2011年8月9日颁布了新的司法解释。但在司法实践中,应更侧重从法定财产制的角度思考法律制度的修正和完善,建立起适合我国国情的且更具操作性的夫妻法定财产制。  相似文献   

20.
在林白的小说创作中,回望是她的惯用姿势,而在她的新作《致一九七五》中这个特征愈加明显。《致一九七五》中林白的"回望"具有片断性、缝隙性、非理性的特征,这些特征强化了林白"回望"的女性言说指征。  相似文献   

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