No description available.

This study investigates the knowledge that legal practitioners use to solve authentic practical legal problems in naturalistic settings. The study examines the declarative and procedural knowledge that practitioners use in that context and whether experienced practitioners use knowledge organised in encapsulated and script form (Boshuizen & Schmidt, 1992; Schmidt, Norman, & Boshuizen, 1990) to enable ‘expert’ performance. The purpose of the study is to provide an empirically-based understanding of the knowledge used in solving real-life practical legal problems, for the information of the providers of practical legal training in Australia and other common law countries. The providers of that training use assumptions about that knowledge and how it is acquired, which do not always rest on coherent theoretical or empirically-derived foundations. The study uses the lawyering literature to identify the knowledge such literature considers is required to solve practical legal problems in lawyer and client interview settings. The study also examines the assumptions about the nature of that knowledge, and how it is acquired, which are apparent in the approaches of the providers of practical legal training. The limitations of those assumptions are identified from a cognitive perspective. The study examines cognitive conceptions of the knowledge used in problem solving in particular fields and how that knowledge becomes proceduralised and organised into structures called chunks and schemas. A particular examination is made of cognitive theories developed in the field of medical problem solving, which use the concepts of ‘encapsulations’ and ‘illness scripts’ to explain ‘expert’ performance in diagnosing disease in clinical settings. This analysis is used to synthesise the prediction that experienced legal practitioners may develop and use structures similar to encapsulations and illness scripts in problem solving. This prediction is based on the similarities between the way medical practitioners and legal practitioners are educated and trained, and are taught to solve problems using a hypotheticodeductive method (or a domain variant in the case of law), and on the similarities between clinical settings and lawyer and client interview settings. The study also examines theories that explain human problem solving by reference to a metaphorical ‘problem space’, and synthesises the prediction that practical legal problem solving can be explained by a problem space theory that was developed to accommodate complex, ill-defined problems. That theory uses the concepts of a problem zone to reflect the ill-defined nature of the problem as presented to the problem solver, a search and construction zone to reflect the phenomenon that the problem solver will have to construct operators to use to solve the problem, and a satisficing zone to reflect the phenomenon that there will be no single unambiguous solution to the problem (Middleton, 1998). The study uses the lawyering literature to identify the characteristics of practical legal problems in a lawyer and client interview setting. The cognitive literature is used to identify the cognitive conceptions that correspond to those characteristics. It is argued that these problems are complex, ill-defined problems that have to be found by the problem solver using weak problem solving strategies such as problem decomposition, attribute identification and means-ends analysis (Simon, 1973; Dillon, 1982; Newell, 1980). Based on these predictions two research questions are developed as follows: How do legal practitioners find and construct practical legal problems? Are there differences in the knowledge that experienced legal practitioners use and that which novice practitioners use? Do those differences reflect differences in the individual practitioner’s underlying knowledge and how that knowledge is organised? These questions are investigated in four case studies. Two of these studies involve experienced legal practitioners and two involve novices. These studies reveal that all the subjects used similar general problem solving strategies to find and construct problems. The subjects all constructed a series of problems rather than one large problem. The subjects did not all find and construct the same problems and some subjects’ constructions of problems changed as new information came to light. Most subjects did not finish the construction of problems at the interview. The processes that the subjects use to construct problems can be explained by Middleton’s (1998) problem space model, although this study suggests that model needs to be modified to accommodate the on-going emergent character of practical legal problems as they occur in lawyer and client interview settings. The investigation revealed qualitative differences between the problem attributes and moves that the experienced subjects identified and those that the novices identified. In summary, the experienced subjects identified attributes and moves that were more detailed, more directly related to the ‘facts’ and more concrete than those that the novices identified. Both the experienced subjects and the novices appeared to rely on recognition (Newell & Simon, 1972) to identify problem attributes and moves rather than on any apparent step-by-step legal analysis and reasoning process. This study suggests that the superior performance of the experienced subjects may be explained by their use of knowledge in encapsulated and script form, as predicted. The study discusses the implications of its findings for practical legal training courses as a need to provide students with general problem solving knowledge, provide them with the knowledge that they will need to recognise problems in specific areas of practice, to help them start to develop knowledge in encapsulated and script form, and to develop an understanding of the limits of institutional training in developing professional expertise.

Notwithstanding the strategic importance of service quality to public sector reforms, the Government of Jamaica has given it no consideration in its justice reform project. Neither had anyone previously applied the service quality methodology to service delivery in the Jamaican Supreme Court. This thesis is a study of service quality in the Supreme Court civil registry in Jamaica and of theservices provided to legal practitioners using the registry by clerks, administrators and registrars engaged in that registry. The aim was to identify, investigate andunderstand the perceptions of service quality in the registry. The study was conducted in three stages: A pilot study, a main study andfocus groups' assessments of the findings. The main study used the SERVQUAL instrument, adapted to suit the circumstances of a court's civil registry. The sample frame for the main study was legal practitioners working in the Kingston Metropolitan Area who were users of the civil registry. Survey methodology was used to collect data. Three focus groups of practitioners later evaluated theparticipants' understanding of the items on the questionnaires. The groups supported the findings of the main study and confirmed that the service quality dimensions used in the study represented an accurate interpretation of the servicequality experience of users of the registry. The study also supports the dominant opinion in the literature thatSERVQUAL and SERVPERF are both good measures of overall service quality. The findings were that practitioners in Jamaica experienced poor overall service quality in several service quality dimensions, including the areas that they considered to be most important, and that this dissatisfaction did not vary by gender or how far their place of employment was from the Supreme Court. This work confirms that the Government of Jamaica's programme of civil justice reform is notmeeting the needs of important stakeholders, such as legal practitioners, and that the emphasis of the reforms may be misplaced.

A Dissertação aborda a realidade dos catadores e de suas famílias, no século XXI, em particular, na cidade de Porto Alegre, Rio Grande do Sul. Para tanto, procedeuse a inúmeras observações sobre os locais e as condições de trabalho relacionadas à coleta solidária e à reciclagem popular e suas modificações. Realizou-se uma reconstrução histórica, desde o surgimento dos antigos “papeleiros” até os catadores de materiais recicláveis dos dias atuais, os quais foram entrevistados. Para compreender as circunstâncias econômicas e jurídicas que interferem nessas atividades e que resultaram de longa caminhada política por reconhecimento, foi feito um levantamento dos instrumentos jurídicos que regulamentam o desenvolvimento dessa atividade, bem como o papel exercido pelos Operadores do Direito nas relações dos trabalhadores com as autoridades públicas – municipais, estaduais e federais -, com os geradores de Resíduos Sólidos Urbanos (RSU) e os empreendimentos de catadores, tais como associações e cooperativas. / The Master’s dissertation addresses the reality of recyclable material collectors and their families in the twenty-first century, particularly in the city of Porto Alegre, Rio Grande do Sul state. Therefore, a number of observations were carried out regarding locations and working conditions related to solidary material collecting and popular recycling, and their modifications; collectors were interviewed; a historical reconstruction was conducted from the emergence of the old “paper collectors” (papeleiros) to today’s recyclable materials collectors. In order to understand the economic and legal circumstances that interfere in these activities and which were the result of a long political journey for recognition, we conducted a study on the legal instruments that rule the development of this activity as well as the role played by legal practitioners in the relationship between workers and public authorities – local, state and federal –, generators of municipal solid waste (MSW) and collectors enterprises, such as associations and cooperatives.

A Dissertação aborda a realidade dos catadores e de suas famílias, no século XXI, em particular, na cidade de Porto Alegre, Rio Grande do Sul. Para tanto, procedeuse a inúmeras observações sobre os locais e as condições de trabalho relacionadas à coleta solidária e à reciclagem popular e suas modificações. Realizou-se uma reconstrução histórica, desde o surgimento dos antigos “papeleiros” até os catadores de materiais recicláveis dos dias atuais, os quais foram entrevistados. Para compreender as circunstâncias econômicas e jurídicas que interferem nessas atividades e que resultaram de longa caminhada política por reconhecimento, foi feito um levantamento dos instrumentos jurídicos que regulamentam o desenvolvimento dessa atividade, bem como o papel exercido pelos Operadores do Direito nas relações dos trabalhadores com as autoridades públicas – municipais, estaduais e federais -, com os geradores de Resíduos Sólidos Urbanos (RSU) e os empreendimentos de catadores, tais como associações e cooperativas. / The Master’s dissertation addresses the reality of recyclable material collectors and their families in the twenty-first century, particularly in the city of Porto Alegre, Rio Grande do Sul state. Therefore, a number of observations were carried out regarding locations and working conditions related to solidary material collecting and popular recycling, and their modifications; collectors were interviewed; a historical reconstruction was conducted from the emergence of the old “paper collectors” (papeleiros) to today’s recyclable materials collectors. In order to understand the economic and legal circumstances that interfere in these activities and which were the result of a long political journey for recognition, we conducted a study on the legal instruments that rule the development of this activity as well as the role played by legal practitioners in the relationship between workers and public authorities – local, state and federal –, generators of municipal solid waste (MSW) and collectors enterprises, such as associations and cooperatives.

A Dissertação aborda a realidade dos catadores e de suas famílias, no século XXI, em particular, na cidade de Porto Alegre, Rio Grande do Sul. Para tanto, procedeuse a inúmeras observações sobre os locais e as condições de trabalho relacionadas à coleta solidária e à reciclagem popular e suas modificações. Realizou-se uma reconstrução histórica, desde o surgimento dos antigos “papeleiros” até os catadores de materiais recicláveis dos dias atuais, os quais foram entrevistados. Para compreender as circunstâncias econômicas e jurídicas que interferem nessas atividades e que resultaram de longa caminhada política por reconhecimento, foi feito um levantamento dos instrumentos jurídicos que regulamentam o desenvolvimento dessa atividade, bem como o papel exercido pelos Operadores do Direito nas relações dos trabalhadores com as autoridades públicas – municipais, estaduais e federais -, com os geradores de Resíduos Sólidos Urbanos (RSU) e os empreendimentos de catadores, tais como associações e cooperativas. / The Master’s dissertation addresses the reality of recyclable material collectors and their families in the twenty-first century, particularly in the city of Porto Alegre, Rio Grande do Sul state. Therefore, a number of observations were carried out regarding locations and working conditions related to solidary material collecting and popular recycling, and their modifications; collectors were interviewed; a historical reconstruction was conducted from the emergence of the old “paper collectors” (papeleiros) to today’s recyclable materials collectors. In order to understand the economic and legal circumstances that interfere in these activities and which were the result of a long political journey for recognition, we conducted a study on the legal instruments that rule the development of this activity as well as the role played by legal practitioners in the relationship between workers and public authorities – local, state and federal –, generators of municipal solid waste (MSW) and collectors enterprises, such as associations and cooperatives.

Submitted by Mariana Dornelles Vargas (marianadv) on 2015-06-16T18:36:30Z No. of bitstreams: 1 moral_seducao.pdf: 3069828 bytes, checksum: 3a24b5298bb3d59269740d1baa4bd844 (MD5) / Made available in DSpace on 2015-06-16T18:36:30Z (GMT). No. of bitstreams: 1 moral_seducao.pdf: 3069828 bytes, checksum: 3a24b5298bb3d59269740d1baa4bd844 (MD5) Previous issue date: 2014-04-30 / CAPES - Coordenação de Aperfeiçoamento de Pessoal de Nível Superior / Esta dissertação busca compreender como a mulher foi julgada pelos operadores do Direito e pela sociedade caxiense, entre 1900 e 1950, quando transgrediu as normas definidas pelos Códigos Penais de 1890 e 1940, bem como pelo Código Civil de 1916. Para compreender como as transgressões foram julgadas, são analisados os discursos de todos os personagens envolvidos nos processos-crime de defloramento, sedução e estupro, porém com mais ênfase no discurso dos operadores do Direito. Para que esse discurso seja melhor compreendido, objetiva-se identificar o processo de modernização e higienização imposto pelo Poder Público em Caxias do Sul, no período estudado. O modelo de ordem e progresso instalado a partir de 1889 exigiu que a sociedade fosse higienizada e normalizada, principalmente no que tange às relações sexuais, amorosas e afetivas, que estavam diretamente relacionadas à moral e à honra familiar. O discurso dos operadores do Direito, presente nos processos-crime, possibilita identificar o perfil de homens e mulheres que transgrediram as normas, principalmente aquelas relacionadas à sexualidade. Nessa etapa, por meio de pistas e indícios, intenta-se elaborar inferências sobre a abrangência do comportamento transgressor da mulher, uma vez que ela era responsável pela honra, pela moral e pela honestidade da família. / The aim of this dissertation is trying to understand how women were judged by legal practitioners and the society of the city of Caxias do Sul, between 1900 and 1950, when they crossed the boundaries of the norms defined by the Penal Codes of 1890 and 1940, as well as by the Civil Code of 1916. In order to understand how these transgressions were judged, the discourses of all the characters involved have been analyzed, in the law suits involving deflowering, seduction and rape, with a greater emphasis on the discourse of the legal practitioners. So that this discourse might be better comprehended, it tries to identify the process of modernization and hygiene imposed by the Public Power in Caxias do Sul, during the period studied. The model of order and progress initiated in 1889 demanded that society was hygienic and normalized, especially in sexual intercourse and romantic relationships, directly linked to the family’s moral and honor. The discourse of the legal practitioners present in the lawsuits, allows it to identify the profile of men and women that infringed the norms, especially those related to sexuality. At this point, given the clues and indicia, it searches to infer about the range of the transgressive behavior of these women, given that they were responsible by the honor, the moral and honesty of the family.