Neste trabalho nos propomos a analisar as possibilidades e limites de um paradigma intercultural para o Direito na América Latina, tendo em vista: i. a produção da literatura especializada a respeito do tratamento jus-político da alteridade cultural nas últimas 5 décadas e situando a proposta intercultural nessa bibliografia; ii. verificando as características específicas da América Latina para a integração jurídica e consolidação democrática que propõe a interculturalidade e iii. buscando na afirmação e no desenvolvimento dos direitos indígenas elementos que indiquem caminhos para a interculturalidade na região. Para tanto parte-se da formulação de categorias para a organização do conhecimento produzido na temática e sua colocação no contexto contemporâneo (capítulo 1). No que respeita à conceituação da interculturalidade, buscou-se trabalhar a partir dos debates especializados e do léxico teórico e político que perpassa o termo, de modo que se eximiu do propósito de conceituar a partir do plano normativo. A diferença do conceito desenvolvido a partir do texto normativo, método comum ao Direito, tratou-se de ampliar os conteúdos implícitos no debate intercultural a partir de sua relação com os campos teórico-científico e político-social (capítulos 2 e 3). Por fim, fez-se o esforço de análise sistêmica da normatividade internacional relacionada ao tema indígena buscando os elementos de interculturalidade que tal sistema oferece. Na conclusão apontam-se ainda alguns campos de pesquisa interculturais para a teoria do direito. / The aim of this thesis is to analyse the limits and possibilities of a intercultural paradigm to the Theory of Law in In Latin America, considering: i. the extent academic production of the last 5 decades towards the jus-political treatment of alterity and placing interculturality amongst it; ii. verifying the specific characteristics of Latin America to the juridical integration and to democracy consolidation which is proposed by the interculturalism; and iii. seeking in the process of consolidation and development of indigenous rights some of the elements that indicates the paths to the interculturality proposals in the region. In this purpose this work initiates its analysis by proposing some categories in order to organize the knowledge produced in this field and its locus in the contemporary context (chapter 1). In the conceptualization of the interculturality the method chosen was to get its initial meaning by the contents and terms theoretical and political debates on the issue. In this sense, in spite of being a very common recourse in civil law systems to make use of the normative or legal conceptualizations, it was not the choice of method in this work. The reason why the traditional method was not chosen is that it was considered crucial to the object of this research to show the implicit contents in the intercultural debate departing from its lexical connotation in both theoretical-scientific and social-political fields (chapters 2 and 3). At last, there is an effort to analyze systematically the international law related to the indigenous peoples\' rights, searching for the intercultural elements offered in it. In the conclusive pages, some new intercultural research fields in Theory of Law are pointed out.

This thesis examines data and theory about how the system of law (SL) operates and evolves: it contrasts data from social workers and attorneys working in the juvenile dependency court with theories about how individuals and social systems evolve. The analysis is based on research conducted in San Diego and revolves around a theory about human development, or the "individual as a system" (HD), and a theory about social systems, such as the autopoietic theory of law and its self-reproducing system (LA). It is suggested that together, the theories of HD+LA help to examine how professionals and law operate and evolve in the legal system. Overall, the thesis rejects the autopoietic systems theory that law reproduces itself, by itself. Instead, analysis in this study supports the finding that law is defined and operates through a dialectic of the individual and the social (or the organic and the mechanistic respectively) such that each gives rise to the other. On the basis of this system connection, aspects from systems theory about legal autopoiesis are integrated into concepts from constructive-developmental theory (HDLA), thus providing a new framework through which to examine how law and its system functions. The new framework is built around an equation that emerged some time after data analysis and theoretical development: SL=HDLA+DSA . The equation states that: The evolution of the system of law involves processes of human development and to some but a much lesser degree, the autopoietic nature of law. The extent of this evolution is best determined by analyzing data from a court setting. The dialectical relationship between individual and social influences in the evolution of law is facilitated by the accumulation of social action � such as activity from media and advocacy groups � and the individual meaning that professionals make about this action, which in turn has an influence on the formal and informal operations that they perform when operating law. The nature of these interacting dynamics will be shown through two interconnected tools of analysis: one is a typology of individual, professional and system self-concepts; the typology helps to show how a cycle of system change (human development giving rise to legal change and vice versa) occurs in the court; the other is the operative structure (or culture) of systems for law and social work in child abuse cases � which unite in court operations. These two interconnected tools help to show how the court operates and how social action (SA) for change contributes to professional and system change in the evolution of law.

<p>This thesis is concerned with three language debates that reached their most crucial peaks in Sweden at the beginning of the twenty-first century: (i) the debate on the promotion of the Swedish language, (ii) the debate on language testing for citizenship, and (iii) the debate on mother tongue instruction. The main scope of the thesis is to take a theoretically multi-pronged approach to these debates trying to shed light on the following aspects: Why did such debates emerge when they did? Which discourses were available in those specific historical moments? Who are the social actors that intervened in these debates? What is at stake for them? What do they claim? What systems of values, ideas and beliefs – i.e. ideologies – underlie such claims? What are the effects in terms of identities, objects of political intervention, commonsensical knowledge and authority that these discourses and ideologies produce?</p><p>Taking Sweden as a case in point, the thesis adds to the existing literature another example of how language debates are the manifestation of conflicts between different language ideologies that struggle for hegemony, thus attempting to impose one specific way of envisaging the management of a nation-state in a time of globalisation. In their outer and most patent facets, these struggles deal with the relationships between languages in today’s Sweden, and how the state, through legislation, should – or should not – regulate such relationships in order to (re)produce some kind of linguistic order. However, the thesis also illustrates that when social actors appeal to a linguistic order, they not only draw boundaries between different languages in a given society, but they also bring into existence a social world in which the speakers of those languages come to occupy specific social positions. These linguistic and social hierarchies, in turn, are imbricated in an often implicit moral regime of what counts as good or bad, acceptable or taboo in that society.</p>

<p>This dissertation presents a new theoretical solution to the sociological <i>problem of observability</i>: the question of the extent to which and by what means individuals "observe" or infer mental states of other individuals, thereby sharing knowledge with them. The answer offered here states that the social situation of <i>dialogue</i> permits a speaker to use utterances to compel a hearer to generate specific and expectable assumptions about some of the speaker's intentions and beliefs.</p><p>In order to show precisely why and how dialogue possesses this capacity, the dissertation proceeds deductively. Dialogue is defined as a situation where interlocutors (1) are <i>compelled to overhear</i> what the respective other is saying, (2) apply <i>socially shared semantic rules</i> to decode utterances into private cognitive representations, and (3) act <i>as if </i>they expect that any utterance they make will be met with a <i>reply of acceptance </i>rather than a reply of rejection. It is demonstrated that the bilateral operation and anticipation of these constraints allows the hearer of an utterance to make a systematic guess at the intentions and beliefs that led its speaker to produce it.</p><p>Drawing on the works of H. Paul Grice, the dissertation shows that the hearer's guess becomes systematic by focusing on an <i>underlying informative intention</i>. It corresponds to the intention the speaker could anticipate<i> </i>the hearer would ascribe to him. By means of this expectable imputation, the hearer arrives at an <i>adequate </i>explanation of what social goal the speaker's utterance was meant to achieve.</p><p>The treatise concludes by analyzing the specific conditions under which a minimum sequence of three turns leads to <i>mutually ratified shared knowledge</i>. Whereas the status of merely shared knowledge is fundamentally precarious, mutually ratified shared knowledge is mutually recognized to be mutually known and, therefore, constitutes a societal solution to the problem of observability.</p>

This dissertation presents a new theoretical solution to the sociological problem of observability: the question of the extent to which and by what means individuals "observe" or infer mental states of other individuals, thereby sharing knowledge with them. The answer offered here states that the social situation of dialogue permits a speaker to use utterances to compel a hearer to generate specific and expectable assumptions about some of the speaker's intentions and beliefs. In order to show precisely why and how dialogue possesses this capacity, the dissertation proceeds deductively. Dialogue is defined as a situation where interlocutors (1) are compelled to overhear what the respective other is saying, (2) apply socially shared semantic rules to decode utterances into private cognitive representations, and (3) act as if they expect that any utterance they make will be met with a reply of acceptance rather than a reply of rejection. It is demonstrated that the bilateral operation and anticipation of these constraints allows the hearer of an utterance to make a systematic guess at the intentions and beliefs that led its speaker to produce it. Drawing on the works of H. Paul Grice, the dissertation shows that the hearer's guess becomes systematic by focusing on an underlying informative intention. It corresponds to the intention the speaker could anticipate the hearer would ascribe to him. By means of this expectable imputation, the hearer arrives at an adequate explanation of what social goal the speaker's utterance was meant to achieve. The treatise concludes by analyzing the specific conditions under which a minimum sequence of three turns leads to mutually ratified shared knowledge. Whereas the status of merely shared knowledge is fundamentally precarious, mutually ratified shared knowledge is mutually recognized to be mutually known and, therefore, constitutes a societal solution to the problem of observability.

This thesis is concerned with three language debates that reached their most crucial peaks in Sweden at the beginning of the twenty-first century: (i) the debate on the promotion of the Swedish language, (ii) the debate on language testing for citizenship, and (iii) the debate on mother tongue instruction. The main scope of the thesis is to take a theoretically multi-pronged approach to these debates trying to shed light on the following aspects: Why did such debates emerge when they did? Which discourses were available in those specific historical moments? Who are the social actors that intervened in these debates? What is at stake for them? What do they claim? What systems of values, ideas and beliefs – i.e. ideologies – underlie such claims? What are the effects in terms of identities, objects of political intervention, commonsensical knowledge and authority that these discourses and ideologies produce? Taking Sweden as a case in point, the thesis adds to the existing literature another example of how language debates are the manifestation of conflicts between different language ideologies that struggle for hegemony, thus attempting to impose one specific way of envisaging the management of a nation-state in a time of globalisation. In their outer and most patent facets, these struggles deal with the relationships between languages in today’s Sweden, and how the state, through legislation, should – or should not – regulate such relationships in order to (re)produce some kind of linguistic order. However, the thesis also illustrates that when social actors appeal to a linguistic order, they not only draw boundaries between different languages in a given society, but they also bring into existence a social world in which the speakers of those languages come to occupy specific social positions. These linguistic and social hierarchies, in turn, are imbricated in an often implicit moral regime of what counts as good or bad, acceptable or taboo in that society.

This dissertation addresses the university student as a figure of mental health and illness. Drawing on the methods and theories of disability studies, interpretive sociology, critical, feminist and queer theory, as well as hermeneutically oriented phenomenology, my work explores the social production of this student figure or type – variously depicted as ‘ invisible’, ‘maladjusted’, ‘stressed’, ‘difficult’, sensitive’, ‘resilient’, ‘narcissistic’, and extraordinarily ‘ordinary’. This figure is addressed as a means of revealing contradictory understandings of the relationship between success and survival, as this relationship appears in the ordinary daily life of the University of Toronto, Ontario, Canada. The social and historical significance of the contemporary University’s Student Life Programs and Services is analyzed with a view to reveal the Western cultural values and practices which organize consciousness of success as a necessary condition of contemporary existence. Special attention is paid to the cultural production of knowledge concerning university student ‘mental life’, the appearance of which is located at the interstices of colonialism, global health policy, institutional ‘best practices’, cultural mores and folkways, and embodied experiences. I dwell with this appearance as an occasion to engage the materiality of Western mythologies of resilience, and with them the meaning of human agency under neoliberal governance. This engagement examines the productive power of the disciplinary and institutionalized ‘language of mental illness’ through a genealogy of the University of Toronto, a textual analyses of the University’s Student Life Programs and Services literature, and a discursive analysis of open-ended interviews with student services representatives which seeks both to understand and transgress conventional interpretations of the structure of Student Life. I demonstrate how University presentations of student bodies, minds and senses perceived to be lacking in ‘ordinary order’, can be reconceived as sites to reflect on the paramount presence of psychiatric knowledge in interpretations and responses to embodied difference within the university setting. Overall, this dissertation seeks to disrupt unexamined relations to the meaning of student types; and in the process, display how normative relations to the student as a figure of mental health and illness needs is currently and historically organized and socially achieved.

This dissertation addresses the university student as a figure of mental health and illness. Drawing on the methods and theories of disability studies, interpretive sociology, critical, feminist and queer theory, as well as hermeneutically oriented phenomenology, my work explores the social production of this student figure or type – variously depicted as ‘ invisible’, ‘maladjusted’, ‘stressed’, ‘difficult’, sensitive’, ‘resilient’, ‘narcissistic’, and extraordinarily ‘ordinary’. This figure is addressed as a means of revealing contradictory understandings of the relationship between success and survival, as this relationship appears in the ordinary daily life of the University of Toronto, Ontario, Canada. The social and historical significance of the contemporary University’s Student Life Programs and Services is analyzed with a view to reveal the Western cultural values and practices which organize consciousness of success as a necessary condition of contemporary existence. Special attention is paid to the cultural production of knowledge concerning university student ‘mental life’, the appearance of which is located at the interstices of colonialism, global health policy, institutional ‘best practices’, cultural mores and folkways, and embodied experiences. I dwell with this appearance as an occasion to engage the materiality of Western mythologies of resilience, and with them the meaning of human agency under neoliberal governance. This engagement examines the productive power of the disciplinary and institutionalized ‘language of mental illness’ through a genealogy of the University of Toronto, a textual analyses of the University’s Student Life Programs and Services literature, and a discursive analysis of open-ended interviews with student services representatives which seeks both to understand and transgress conventional interpretations of the structure of Student Life. I demonstrate how University presentations of student bodies, minds and senses perceived to be lacking in ‘ordinary order’, can be reconceived as sites to reflect on the paramount presence of psychiatric knowledge in interpretations and responses to embodied difference within the university setting. Overall, this dissertation seeks to disrupt unexamined relations to the meaning of student types; and in the process, display how normative relations to the student as a figure of mental health and illness needs is currently and historically organized and socially achieved.

This dissertation focuses on the key role that big data can play in minimizing the perceived disconnect between social theory and quantitative methods in the discipline of geography. It takes as its starting point the geographic concept of space, which is conceptualized very differently in social theory versus quantitative methodology. Contrary to this disparity, an examination of the disciplinary history reveals a number of historic precedents and potential pathways for a rapprochement, especially when combined with some of the new possibilities of big data. This dissertation also proposes solutions to two common barriers to the adoption of big data in the social sciences: accessing and collecting such data and, subsequently, meaningful analysis. These methods and the theoretical foundation are combined in three case studies that show the successful integration of a quantitative research methodology with social theories on space. The case studies demonstrate how such an approach can create new and alternative understandings of urban space. In doing so it answers three specific research questions: (1) How can big data facilitate the integration of social theory on space with quantitative research methodology? (2) What are the practical challenges and solutions to moving “beyond the geotag” when utilizing big data in geographical research? (3) How can the quantitative analysis of big data provide new and useful insight in the complex character of social space? More specifically, what insights does such an analysis of relational social space provide about urban mobility and cognitive neighborhoods?

This thesis examines data and theory about how the system of law (SL) operates and evolves: it contrasts data from social workers and attorneys working in the juvenile dependency court with theories about how individuals and social systems evolve. The analysis is based on research conducted in San Diego and revolves around a theory about human development, or the "individual as a system" (HD), and a theory about social systems, such as the autopoietic theory of law and its self-reproducing system (LA). It is suggested that together, the theories of HD+LA help to examine how professionals and law operate and evolve in the legal system. Overall, the thesis rejects the autopoietic systems theory that law reproduces itself, by itself. Instead, analysis in this study supports the finding that law is defined and operates through a dialectic of the individual and the social (or the organic and the mechanistic respectively) such that each gives rise to the other. On the basis of this system connection, aspects from systems theory about legal autopoiesis are integrated into concepts from constructive-developmental theory (HDLA), thus providing a new framework through which to examine how law and its system functions. The new framework is built around an equation that emerged some time after data analysis and theoretical development: SL&equals;HDLA+DSA . The equation states that: The evolution of the system of law involves processes of human development and to some but a much lesser degree, the autopoietic nature of law. The extent of this evolution is best determined by analyzing data from a court setting. The dialectical relationship between individual and social influences in the evolution of law is facilitated by the accumulation of social action � such as activity from media and advocacy groups � and the individual meaning that professionals make about this action, which in turn has an influence on the formal and informal operations that they perform when operating law. The nature of these interacting dynamics will be shown through two interconnected tools of analysis: one is a typology of individual, professional and system self-concepts; the typology helps to show how a cycle of system change (human development giving rise to legal change and vice versa) occurs in the court; the other is the operative structure (or culture) of systems for law and social work in child abuse cases � which unite in court operations. These two interconnected tools help to show how the court operates and how social action (SA) for change contributes to professional and system change in the evolution of law.