Jurisdiction and Settler Colonialism: Where Do Laws Meet?

2014 ◽  
Vol 29 (02) ◽  
pp. 145-161 ◽  
Author(s):  
Shiri Pasternak
Keyword(s):  
Conceptual Framework ◽  
Multiple Scales ◽  
Settler Colonialism ◽  
Canadian Law ◽  
Definition Of ◽  
Colonial Settlement

Abstract To engage in the question of what it means to decolonize law, we must ask by what authority a law has the authority to be invoked and to govern. In this paper, I describe the conditions necessary for the exercise of Canadian law as being the work of jurisdiction, and I call into question Canada’s legality and legitimacy in making jurisdictional claims. Decolonizing law means deconstructing the state’s grounds to inaugurate law on lands acquired through colonial settlement. By critically examining law’s geography and scope I call into question the modern definition of territory itself. Further, I draw attention to jurisdiction as a conceptual framework for understanding the specificities of settler colonialism; illustrate jurisdiction as a historical concept, distinct from territory and sovereignty; and show some of the ways in which jurisdiction is enacted to govern across multiple scales and issues.

scholarly journals AN EXAMINATION OF SETTLER COLONIALISM IN CANADA’S LEGAL INSTITUTIONS: 1492 LAND BACK LANE

Aletheia ◽  
2021 ◽  
Vol 1 (2) ◽  
Author(s):  
Dania Igdoura
Keyword(s):  
Indigenous Peoples ◽  
Settler Colonialism ◽  
Legal Authority ◽  
Legal Institutions ◽  
Colonial State ◽  
Land Dispossession ◽  
Canadian Law ◽  
Court Proceedings ◽  
Prejudice And Discrimination ◽  
Definition Of

In this paper, I will investigate how Canadian legal institutions function to serve the interests of the settler colonial state in the dispossession of Indigenous peoples. This investigation will be facilitated through an examination of the court proceedings of 1492 Land Back Lane, a contemporary example whereby land defenders are being criminalized by Canadian courts for re-occupying their unceded land in Caledonia to protect it from a proposed housing development. Here we see an example of oppression, and therefore, it may be useful to utilize Sensoy & DiAngelo’s (2017) definition of oppression: namely, the prejudice and discrimination of one social group, in this case, settlers, against another, here Indigenous peoples, backed by legal authority and historical, social and institutional power (p. 84). Focusing on legal authority in this case, I seek to demonstrate ultimately how anti-Indigeneity is embedded within the Canadian legal system. In order to do this, I will begin by examining key historical legal documents, namely the Constitution of Canada and the Indian Act, with an eye to the settler colonial ideology of paternalism underlying them. Then, I will turn to the court proceedings of 1492 Land Back Lane, establishing their problematic and paternalistic nature, and grounding them within existing case law on Indigenous land rights, to demonstrate how Canadian courts can serve to perpetuate settler colonialism and land dispossession, often through the legal mechanism of injunction. Ultimately, I seek to demonstrate how the very concept of land back is incompatible with Canadian law.

scholarly journals Reactivity in social scientific experiments: what is it and how is it different (and worse) than a Placebo effect?

2021 ◽  
Vol 11 (2) ◽  
Author(s):  
María Jiménez-Buedo
Keyword(s):  
Experimental Data ◽  
Conceptual Framework ◽  
Placebo Effect ◽  
Placebo Effects ◽  
Causal Inferences ◽  
Scientific Experiments ◽  
Social Scientific ◽  
The Many ◽  
Definition Of ◽  
In Virtue Of

AbstractReactivity, or the phenomenon by which subjects tend to modify their behavior in virtue of their being studied upon, is often cited as one of the most important difficulties involved in social scientific experiments, and yet, there is to date a persistent conceptual muddle when dealing with the many dimensions of reactivity. This paper offers a conceptual framework for reactivity that draws on an interventionist approach to causality. The framework allows us to offer an unambiguous definition of reactivity and distinguishes it from placebo effects. Further, it allows us to distinguish between benign and malignant forms of the phenomenon, depending on whether reactivity constitutes a danger to the validity of the causal inferences drawn from experimental data.

The 3 C's of the Circular Economy for Food. A conceptual framework for circular design in the food system

2021 ◽  
Author(s):  
Franco Fassio
Keyword(s):  
Sustainable Development ◽  
Conceptual Framework ◽  
Circular Economy ◽  
Food System ◽  
Raw Material ◽  
Starting Point ◽  
Development Goals ◽  
Definition Of ◽  
Open Question ◽  
Circular Design

Food, the basic connecting unit of all the UN's Sustainable Development Goals, plays a crucial role in the ecological transition towards a circular economic paradigm. This paper takes scientific considerations as a starting point in order to contribute to the definition of a theoretical-operational framework in which to grow the Circular Economy for Food. This is a still-open question in a sector of the circular economy that is emerging as vital to sustainable development. The 3 C's of Capital, Cyclicality and Co-evolution offer a systemic, holistic vision of the food system's role. Within this conceptual framework, the designers can find the main boundaries of the system, within which to express their creativity. The aim must be to avoid damaging relationships with the best supplier of raw material known to humanity (Nature), respecting planetary boundaries and at the same time offering a fair space to civil society.

scholarly journals Making sense of international variations in lesson study and lesson study-like practices

2018 ◽  
Vol 7 (3) ◽  
pp. 201-216 ◽  
Author(s):  
Brahm Norwich
Keyword(s):  
Conceptual Framework ◽  
Professional Learning ◽  
Lesson Study ◽  
Learning Approaches ◽  
Content Type ◽  
Group Problem Solving ◽  
Making Sense ◽  
Learning Practices ◽  
Learning Development ◽  
Definition Of

Purpose The purpose of this paper is to examine variations within lesson study (LS) practices and their connections with related traditions: teacher research/enquiry approaches, professional development models, professional learning communities and group problem-solving approaches. Questions are addressed about the relationships between different professional learning approaches in terms of definitions and frameworks. Design/methodology/approach Academic databases and website sources were searched in a purposive way to identify 20 practices associated with these traditions for comparative analysis. Findings A conceptual framework consisting of eight dimensions was constructed to account for the variations within and between these professional learning traditions: for instance, about the settings in which the practices take place, the purposes of the practices and the specific procedures involved. By illustrating how specific practices fitted within this framework it is concluded that the variations within the LS tradition are wide enough to make it difficult to identify a set of necessary and sufficient features of LS to distinguish LS practices from the other non-LS professional learning practices. Reasons are also given for considering whether a polythetic type of definition of professional learning/development practices might be constructed. Research limitations/implications The possibility for a more systematic review of professional learning approaches for the construction of a conceptual framework is discussed. Practical implications Ways in which this kind of conceptualisation can be useful in promoting clarity about professional learning practices and in developing these practices are discussed. Originality/value The originality of this paper lies in the construction of a conceptual framework to analyse similarities and differences within and between various professional learning traditions.

scholarly journals The ethics of teacher and learner at Mekdad Yalgen and its educational applications: أخلاقيات المعلم والمتعلم عند مقداد يالجن وتطبيقاتها التربوية

2017 ◽  
Vol 1 (3) ◽  
Author(s):  
Hind Mohammed bin Abdullah Al Ahmad ◽  
Afnan bin Fahad bin Abdullah Al Rashed
Keyword(s):  
Conceptual Framework ◽  
Moral Education ◽  
Educational Thought ◽  
Educational Framework ◽  
Moral System ◽  
Educational Applications ◽  
Definition Of ◽  
The Individual

This study, entitled "The Ethics of the Teacher and the Learner at Mekdad Yalgen and its Educational Applications," included four chapters in addition to the list of references. The study aimed to identify the cultural, social and educational framework that influenced educational ideas at Mekdad Yaljin, and on the first and the first principles which are the starting points of the study. And the ethics of the teacher and its educational applications at Mekdad Yalgen, the ethics of the learner and its educational applications at Mekdad Yalgen, and on the most prominent ways to promote the moral and moral learners at Mekdad Yalgen. Studying the need to conduct an educational intellectual study that shows the importance of teacher and learner ethics in educational thinkers. In the second chapter, it contains the conceptual framework and previous studies. The study covered the conceptual framework of Mekdad Yalgen, his birth, his stages, his education, his efforts and his scientific achievements, and the King Phil Award, and the most important factors influencing his educational idea. The researcher sought to follow the relevant studies in Yaljin and studies related to the ethics of the teacher and the learner. The third chapter deals with the general principles of educational thought at Mekdad Yalgen starting with the theory of knowledge of its concept and its dimensions. Then, it tackles the concept of human nature and its components, then the Islamic moral system, the definition of morality and the place of ethics. In the fourth chapter: the researcher dealt with the ethics of the teacher and learner at Mekdad Yalgen and its educational applications. Hali included the importance of moral education and the role of Islamic moral education in the building of the individual, society and human civilization, and also contained the ethics of the teacher and the learner and its educational applications at Mekdad Balgin.

scholarly journals How Companies are Applying AI to the Business Strategy Formulation

2019 ◽  
Vol 5 (8) ◽  
pp. 77
Author(s):  
M S S El Namaki
Keyword(s):  
Artificial Intelligence ◽  
Conceptual Framework ◽  
Business Strategy ◽  
Fundamental Change ◽  
Strategy Formulation ◽  
Strategic Behaviour ◽  
Substantial Progress ◽  
Competitive Behaviour ◽  
Definition Of ◽  
Market Strategies

Computing equipment capable of what one may term partial and quasi-intelligent behaviour, commonly referred to as Artificial Intelligence (AI), is assuming a key role in business. The probability is high that this Artificial Intelligence (AI) will lead to a fundamental change in the process of business strategy formulation as much as the very contents of this strategic behaviour. Product and market strategies and the resultant competitive behaviour will, more likely than not, be the outcome of those artificial intelligence processes and reiterations. A start is made and one can observe substantial progress in this direction. Who has done it and is there a conceptual framework behind this strategic behaviour? This will be the focus of this article The article starts with a brief definition of artificial intelligence and a basic framework of the concept. Seven case studies follow supporting the hypothesis that AI is penetrating the business strategy arena and leading to a fundamental change in the concept as much as the application. Those cases were drawn from different industries, and countries. A conceptual framework is accordingly derived and positioning of those case companies within this conceptual framework is done. The article is based on contemporary frameworks of AI and the cases are drawn from contemporary analysis of strategic behaviour. The conceptual model could provide an instrument for business AI application.

The Term “Library Service” in the Conceptual Framework of Library Science

2021 ◽  
Vol 70 (4) ◽  
pp. 352-363
Author(s):  
Yuri N. Stolyarov
Keyword(s):  
Conceptual Framework ◽  
Information Science ◽  
Information Service ◽  
Library Science ◽  
Federal Law ◽  
Library Service ◽  
Service Information ◽  
Library Staff ◽  
Definition Of ◽  
Different Content

The article considers the contradiction in concepts connected with key content of the library activity. Some fundamental documents use the term “library service”, others use “information and library service”, “library and information service” terms. The different content is also given to these concepts. The inconsistency is increased by the fact that since Soviet times the library services have often been understood as library activity in general. There is given the brief review of primarily positions on the conceptual framework of library service: library activity, work with readers, guidance of reading, library service, library and information service, information and library service. In violation of the Federal Law № 78-FZ “On Librarianship”, the term “library and information service” is enshrined in the names of textbooks, GOST R 7.0.103—2018 “Library and information service. Terms and definitions” and GOST R 7.0.104—2019 “Library and information services of scientific library. Types, forms and modes of delivery”. While library science is striving hard to integrate itself into information science, information science itself is far from recognising library and bibliographic science as an integral part of it. “Library service” is considered both as specific and general library science concept. The definition of “work” in relation to library science is given: it is the function of library staff to create values, provide benefits or meet the informational, cultural, educational needs of readers. The author proposes to intensify the concept of “library readers study”, to develop thoroughly its theory and methodology. The paper provides additional arguments in favour of the concept of “library readers study” in addition to the well-known ones. It is argued that in addition to revealing the links between the readers’ contingent and the library staff, it is necessary to reveal the links of the “readers’ contingent” subsystem with other subsystems of the first and second circuits of the library as a system.

Bridge over troubled water: Is it possible to define other comprehensive income?

2021 ◽  
pp. 61-87
Author(s):  
Thomas Ryttersgaard
Keyword(s):  
Conceptual Framework ◽  
Balance Sheet ◽  
Accounting Standards ◽  
The Core ◽  
Comprehensive Income ◽  
Accounting Principles ◽  
Income Statement ◽  
Other Comprehensive Income ◽  
Definition Of ◽  
Gains And Losses

Although other comprehensive income did not exist in the conceptual framework until 2018, it has been a part of IFRS for many years, and it has not been defined based on accounting theory. This paper considers arguments for the current use of other comprehensive income under IFRS and finds that matching and prudence are at the core of other comprehensive income in IFRS despite not being elements of the conceptual framework. This suggests that the concept of other comprehensive income exists because the IFRS standards are founded on a mix of balance sheet-based and income statement-based accounting principles. Based on the characteristics of other comprehensive income and the IASB's arguments for the recognition of gains and losses in other comprehensive income, this paper proposes a definition of other comprehensive income that can be used to ensure a uniform application of the concept across accounting standards and to reduce risks of inconsistency.

Teacher leadership: toward a new conceptual framework

2019 ◽  
Vol 4 (1) ◽  
pp. 2-14 ◽  
Author(s):  
Jill Harrison Berg ◽  
Bill Zoellick
Keyword(s):  
Conceptual Framework ◽  
Knowledge Base ◽  
Teacher Leadership ◽  
Research Literature ◽  
Teacher Leader ◽  
Content Type ◽  
Four Dimensions ◽  
Education Leaders ◽  
Definition Of ◽  
Teaching Learning

Purpose Conceptual ambiguity about the term “teacher leadership” has retarded development of useful research on this topic. The purpose of this paper is to propose a conceptual framework that researchers might utilize to clarify key assumptions embedded in their use of the term “teacher leadership,” enabling members of this research community to better understand and build upon each other’s work and to develop a knowledge base on teacher leadership. Design/methodology/approach In 2016 a community of researchers convened in a conversation about their varied conceptions of teacher leadership. The authors analyzed documentation from this convening to identify key ways in which members’ conceptions of teacher leadership diverged. They then drew upon the teacher–leader research literature and their own experiences with teacher–leader initiatives to propose a conceptual framework that would support researchers to define teacher leadership in ways that meet established criteria for an empirically-useful concept. Findings Four dimensions of teacher leadership that should be referenced in an empirically-useful definition of teacher leadership are: legitimacy, support, objective and method. It is hypothesized that clarifying one’s assumptions about each of these dimensions and providing descriptive evidence of how they are instantiated will address the conceptual ambiguity that currently stymies the accumulation of knowledge in this field. Originality/value This paper presents a framework that can provide a strong foundation for the development of a knowledge base on teacher leadership, which is needed to inform education leaders’ efforts to maximize teachers’ leadership influence as asset for improving teaching, learning and schools.

Coming to Understand the Formal Definition of Limit: Insights Gained From Engaging Students in Reinvention

2012 ◽  
Vol 43 (4) ◽  
pp. 465-493 ◽  
Author(s):  
Craig Swinyard ◽  
Sean Larsen
Keyword(s):  
Conceptual Framework ◽  
Retrospective Analysis ◽  
Explanatory Model ◽  
Formal Definition ◽  
Limit Concept ◽  
Definition Of ◽  
Students Success ◽  
Teaching Experiments

The purpose of this article is to elaborate Cottrill et al.'s (1996) conceptual framework of limit, an explanatory model of how students might come to understand the limit concept. Drawing on a retrospective analysis of 2 teaching experiments, we propose 2 theoretical constructs to account for the students' success in formulating and understanding a definition of limit. The 1st construct relates to the need for students to move away from their tendency to attend first to the input variable of the function. The 2nd construct relates to the need for students to overcome the practical impossibility of completing an infinite process. Together, these 2 theoretical constructs build on Cottrill et al.'s work, resulting in a revised conceptual framework of limit.

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