1,720,993 research outputs found
Toward a reconceptualization of battered women : appealing to partial agency
No full textDespite growing awareness of the severity of domestic violence, the lives of battered women are too often misconstrued by the Canadian public and the judicial system. The author argues that stereotypes of victimized battered women emanating from the courts and feminist theory may both prevent women who kill their partner from making valid claims of self-defence and generally undermine women's fight against oppression. The author reviews the doctrine of the battered woman syndrome and its application in the context of self-defence to illustrate how the courts' treatment of the doctrine conveys a narrow and incomplete depiction of battered women. An alternative theoretical framework based on battered women's partial agency is proposed as a means to address feminist theory's simplified representation of battered women. Various law and policy reform initiatives in the criminal justice system are explored to assess how the law may validate and promote battered women's partial agency
Etude des procédures de mise en œuvre des droits fondamentaux au travail : perspectives d'évolution du rôle de l'OIT dans le contexte de la mondialisation
No full textIn the context of economic globalisation, the unequal distribution of wealth among nations often leads to infringe fundamental workers' rights, so that it has become a major concern for politicians, scholars, jurists and NGOs. Therefore the question is how the social market can be regulated today. The ILO is the first international organisation that has dealt with workers' rights, especially fundamental rights, its goal being to protect workers universally. If its legitimacy had been unquestioned for years, it is shattered by external economic factors today: state's loss of power in regulating social relations, the emergence of new political counterbalances on the international scene---unknown by international public law---and self-governance by social labels or codes of conducts. The author will attempt, by a critical appraisal, to demonstrate that the ILO has its own constitutional and logistical means to implement fundamental workers' rights efficiently and independently: union freedom and collective negotiation, prohibition of hard labour, prohibition of child labour, prohibition of discrimination. According to the author, the ILO is undergoing an institutional transition. The latter is adapting to the new economic context. In Geneva centralised procedures are still very centralised but they are in the same time counterweighted by local actions or soft procedures. These more flexible and discrete procedures are the keystone of the ILO system of supervision to implement fundamental rights. Finally it is relevant to have a look at regional organisations which deal with those fundamental rights, as they have a special role in implementing the ILO fundamental rights
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Full text link“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Full text linkWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Negotiating the boundaries : gender and community in India
No full textPersonal laws regulate the family, which is the sphere in which Indian women experience the sharpest discrimination. Despite constitutional guarantees of equality and freedom from discrimination, Muslim personal law perpetuates the subordination of women within the family. The political manipulation of Muslim personal law reform by the State and by fundamentalist leaders has resulted in the marginalization of Muslim women's interests. This thesis focuses on the issue of Muslim women's equality within the family. It explores how arguments relating to 'religion', 'culture' and 'group identity' have been used to subordinate Muslim women. Their rights have been recast as oppositional to Muslim collective interests. In this context, there is a critical need to interrogate hegemonic categories that bind Muslim women to an essentialist notion of identity and deny the possibility of internal challenges to Muslim tradition. This thesis seeks to problematize and contest the exclusion of Muslim women's voices from the very discourse that attempts to define their rights and articulate their interests. It aims to reconceptualize and reformulate the frameworks within which inequality and discrimination are sought to be addressed
Regulation of occupational health and safety in the post-industrial age
No full textIn the face of the extensive changes resulting from the Post-Industrial Age, many are questioning "the gifts of the chip," or, more specifically, the ability of computer technologies to deliver the comfort predicted. The objective of this thesis is to examine the law's response to computer technology concerning occupational health and safety. This inquiry is necessary due to the dramatic changes that have occurred in the workforce, altering the profile of workplace health.The thesis begins with a reference to The Gift of Stones, a fictional account of the difficulties that stone workers experienced when the Bronze Age arrived. Modern labourers face parallel struggles due to the arrival of the Post-Industrial Age characterized by technological innovation and restructuring. The legitimacy and effectiveness of occupational health and safety law is challenged by changes to social institutions and by computer related work injuries.In many jurisdictions, the state has responded to these changes by enacting ergonomic standards that seek to minimize the harmful effects of computer use. The thesis examines the trend towards ergonomic standards with particular focus on Canadian initiatives. In conclusion, it argues that ergonomic regulations are an important means of promoting safer computer practices. Additionally, ergonomic standards provide a mechanism for continued state regulation of occupational health and safety. The challenge for rule makers is ensuring that the standards are a component of comprehensive legal reforms
Women reincorporated
No full textThe thesis is about the re-incorporation of women, on feminist terms, in corporate law and structure. Working from the idea of feminism as a theory about exclusion, the thesis endeavours to include women's voices in how the dominant discourse shapes corporations and the securities markets. Moreover, it attempts to capture the feminist continuum and use it as a critique of the existence of the separate entity of the corporation and limited liability. The thesis also joins the corporate governance debate on feminist terms, reshaping its scope to include feminist aspirations. The market for securities and insider trading are also subject to a feminist analysis and the problems in policing and preventing insider trading are rethought through a feminist lens
Inclusive Equality and New Forms of Social Governance
Full text linkUncertainty persists regarding the meaning and application of the constitutional right of substantive equality, due in part to the focus on assessing the very nebulous and open-ended concept of human dignity. After reviewing two recent equality rights cases that illustrate the continued unpredictability of outcomes, the author examines constitutional equality from a more macro-historical perspective. In particular, she highlights how conceptions of constitutional equality are integrally connected to changing understandings of the role of the state. Tracing the shift from formal to substantive equality, she suggests that the current formulation of substantive equality resonates best with the ideological and governance assumptions of the post World War II social welfare state. In the context of neo-liberal shifts in government regulation and emerging new forms of social governance, the author maintains that we need to go beyond the effects-based analysis of substantive equality, which focuses on the instrumental and redistributive role of the state, to examine the process-based and institutional dynamics of the reproduction of social inequality. A constitutional conception of inclusive equality, attentive to both the effects and the processes of inequality, is outlined, including an expanded list of contextual factors for assessing equality rights violations. The author concludes by emphasizing the importance of democratic accountability, transparency and fairness in equality rights adjudication
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