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A incidência do venire contra factum proprium nas relações de trabalhoPessoa, Valton Doria 10 June 2013 (has links)
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Previous issue date: 2013-06-10 / The purpose of this dissertation is to examine the impact of contradictory behavior under labor law, and how it relates to objective good faith. Contradiction is viewed as inherent to human behavior, whereby the limitations to inconsistent conducts are studied as a way to protect legitimate trust. Based on the study of objective good faith, as a limiter to the exercise of rights and its various forms of protection, there follows an attempt to defend the need for fair and ethical behavior in employment relationships, wherein the venire contra factum proprium lies -- the core of this study, in the employment context. Then the requirements of, and grounds for, venire are examined, as it is set apart from other doctrines pointed out by jurists, concerning the abusive exercise of rights. This is the necessary basis for the ensuing study on the application of venire to solve labor disputes, never failing to address its delicate conflict with the fundamental rights. The research continues by addressing the venire in employment relations; by analyzing its compatibility with labor law regulations and principles; the impact on individual and collective relations; and legal precedents. The results obtained from this study indicate that both companies and employees must abide, at all stages, in a given contract, by the trust that arises out of their initial behavior, thereby ensuring that the fair expectation stemming there from is not frustrated by any subsequent and contradictory conduct. Labor Law, despite its peculiarities, is not immune to the application of the venire contra factum proprium / O presente trabalho objetiva analisar os impactos do comportamento contraditório nas relações de trabalho, a partir do estudo da boa-fé objetiva e do seu apêndice, o venire contra factum proprium núcleo do estudo. Assume-se a contradição como inerente ao homem, passando-se ao estudo das limitações ao comportamento incoerente, como forma de proteção à justa confiança e aos meios de tutela existentes para evitar ou reparar os danos. Nesse contexto analisa-se o princípio da a boa-fé objetiva e os seus reflexos nas relações obrigacionais, especialmente na limitação ao exercício de direitos subjetivos. Em seguida, o instituto do venire é examinado nos seus requisitos e fundamentos, bem como diferenciado das demais figuras tratadas pela doutrina, relativas ao exercício abusivo de direitos, a exemplo do tu quoque e da supressio. Trata-se da base necessária para o estudo posterior quanto às consequências jurídicas da aplicação do venire na solução dos conflitos trabalhistas. O trabalho analisa ainda o conflito entre o venire e os direitos fundamentais, acerca de uma possível antinomia. A pesquisa segue abordando o venire nas relações jurídicas laborais, analisando a compatibilidade com os princípios e normas trabalhistas, a incidência nas relações individuais e coletivas e a jurisprudência. O resultado obtido com este estudo aponta no sentido de que tanto a empresa, quanto o empregado devem respeitar, em todas as fases do contrato, a confiança despertada em razão do seu comportamento inicial, propiciando que a justa expectativa criada não seja frustrada por uma conduta posterior e contraditória. O Direito do Trabalho, apesar das suas peculiaridades, não está imune à aplicação do venire contra factum proprium
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Teorie mluvních aktů v teologii se zvláštním ohledem na prosebnou modlitbu a vyznání Ježíše Krista jako Syna Božího v Markově evangeliu / Speech act theory in the field of theology in Mark´s gospel speaking about Jesus as the Son of GodFAJMON, Blahoslav January 2015 (has links)
The purpose of this dissertation is to inquire into the application of the Speech act theory in the field of theology. First, philosophical part introduces distinctive topics of language-philosophy found in Wittgenstein, Austin and Searle. The main focus of this summary lies on Searle`s categorization of speech acts. If we approach Searle`s categorization from the perspective of Wittgenstein`s philosophy, we could understand his categorization in functional and not ontological terms and therefore we find a certain liberty to modify Searle`s categorization with regard to analysed phenomenon. In the beginning of the theological part we analyse the limits of the application of the speech act theory in the case of the confession of faith. Consequently we construct categorization of the speech acts of faith discourse based on its communicative and transformative dimensions. Afterwards we focus on one of the main types of faith discourse, namely the petitionary prayer. During analysis of the petitionary prayer in the Old and New Testament we gradually introduce considerable insights of theologians who applied Austin`s and Searle`s concepts in their work. These are followed up by our own observations. Second section of the theological part of the dissertation is concerned with the application of speech act theory in exegesis of particular texts, namely those passages in Mark`s gospel which speak about Jesus as the Son of God. Speech act theory evidently could not serve to settle exegetical disagreements by always locating the precise illocutionary point of every speech act, however it proves itself as a good tool for conceptual orientation and its application brings valuable insights.
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The Representation of Terrorism as Defective Communication in Volker Schlöndorff’s Die Stille nach dem Schuss, Gregor Schnitzler’s Was tun wenn’s brennt, Leander Scholz’s Rosenfest and Ulrike Edschmid’s Frau mit Waffe: Zwei Geschichten aus terroristischen ZeitenDillon, Sandra I. 12 1900 (has links)
ix, 213 p. / The attacks on the United States of September 11, 2001, prompted scholars in a variety of fields, such as history, philosophy and literature, to re-examine the topic of terrorism, including the emergence of terrorism in West Germany in the 1960s and 1970s. The challenges that arise when dealing with the topic of terrorism derive in part from a lack of consensus on a definition for terrorists and terrorist attacks. One element that I found in my research is that there is a connection between terrorism and communication. This dissertation examines that connection in Volker Schlöndorff's filmDie Stille nach dem Schuss Gregor Schnitzler's film Was tun wenn's brennt Leander Scholz's novel Rosenfestand Ulrike Edschmid's biographical narrativesFrau mit Waffe: Zwei Geschichten aus terroristischen Zeitenin the context of Speech Act Theory. The films and texts show how West German terrorism is represented as a form of communication, through which fictional terrorists are trying to accomplish the impossible statement "I hereby persuade you." The act of persuasion has an element of freedom, because one can either be persuaded or not. However, the terrorists represented in the works mentioned above want to eliminate the element of choice and force the interlocutor to be persuaded. In order to achieve this they introduce violence, which in turn causes them to be labeled as terrorists. The more they try to use violence to achieve their goals, the more they cement their condemnation as terrorists. This dissertation frames its investigation within ideas about performative speech acts, concepts of power, violence, identity and discussions about "terrorist" narratives in German literature and film. / Committee in charge: Susan C. Anderson, Chairperson;
Alexander Mathäs, Member;
Dorothee Ostmeier, Member;
Bonnie Mann, Outside Member
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Jesu Kreste, Khosi ea rona, o tsohile! : a study of oral communication in an Easter Vigil.Lubbe, Linda Mary 01 1900 (has links)
This dissertation examines the dynamics of the oral communication which takes place in the Easter Vigil at St. Augustine's Anglican Church, Thaba 'Nchu. The study uses an analytical framework drawn from Orality Theory and Speech Act Theory, to analyse oral communication in the preaching and singing of the Vigil. Through an approach of Participant Observation, details were obtained of the Easter Vigils of 1994, 1995 and 1996. The historical and cultural background of this All-Night Vigil is traced in European Church History and African Traditional Religion. The roles of the Mothers' Union, the St. Agnes Guild and the Guild of Bernard Mizeki
are also highlighted. / Christian Spirituality, Church History and Missiology / M.Th (Missiology)
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Coming into view : black British artists and exhibition cultures 1976-2010Dalal-Clayton, Anjalie January 2015 (has links)
This study unites the burgeoning academic field of exhibition histories and the critiques of race-based exhibition practices that crystallised in Britain in the 1980s and 1990s. It concerns recent practices of presenting and contextualising black creativity in British publicly funded art museums and galleries that are part of a broader attempt to increase the diversity of histories and perspectives represented in public art collections and exhibitions. The research focuses on three concurrent 2010 exhibitions that aimed to offer a non-hegemonic reading of black creativity through the use of non-art-historical conceptual and alternative curatorial models: Afro Modern (Tate Liverpool), Action (The Bluecoat), and a retrospective of works by Chris Ofili (Tate Britain). Comparative exhibitions of the past were typically premised on concepts of difference that ultimately resulted in the notional separation of black artists from mainstream discourses on contemporary art and histories of British art. Through a close and critical textual analysis of these three recent exhibitions, which is informed by J.L. Austin’s theory of speech acts (1955), the study considers whether, and to what extent the delimiting curatorial practices of the past have been successfully abandoned by public art museums and galleries, and furthermore, whether it has been possible for British art institutions to reject the entrenched, exclusive conceptions of British culture that negated black contributions to the canon and narratives of British art in the first place. The exhibition case studies are complemented and contextualised by an in-depth history of the Bluecoat’s engagement with black creativity between 1976 and 2012, which provides a particular insight into the ways that debates about representation, difference and separatism have impacted the policies and practices of one culturally significant art gallery that is frequently overlooked in histories of black British art. With reference to the notion of legitimate coercion as defined by Zygmunt Bauman (2000), the study determines that long-standing hegemonic structures continue to inform the modes through which public art museums and galleries in Britain curate and control black creativity.
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Reading the book of Lamentations as a whole : canonical-literary approach to the scripture as divine communicative actionKang, Shinman 18 June 2009 (has links)
This dissertation is basically a reading the book of Lamentation as a literary whole in a sense of a text-centred approach, which aims to interpret the Scripture as divine communicative action. The major philosophical resources that I employ in this study are the Speech-Act theory developed by J. Austin and J. Searle, and the concepts particularly exemplified in the work of K. Vanhoozer. I look at repetition and literary techniques in Lamentations as a clue to its structural unity. In the body of the dissertation, Instead of historical-critical approaches, I claim that the meaning exists not ‘behind the text,’ but ‘in the text itself as a whole.’ One of the most important literary approaches to understanding the book of Lamentations is to note the poetic voices, which interweave in the text. The poetic voices are my main focus of understanding the book of Lamentations. I explain the literary meaning reading the text and demonstrate that we must find the canonical level of the meaning which supervenes on the literary level. The meaning of a text at a literary level must be carefully studied and modified by the ‘fuller sense (or meaning)’ derived from the canonical context. The ‘fuller sense’ of Scripture associated with divine authorship emerges only at the level of the whole canon. Here for the canonical meaning of the text, I focus on Vanhoozer’s assertion, having proposed the suitability of speech act theory for the various tasks of biblical interpretation and theological hermeneutics. When we read the text, there is no utterance from God in Lamentations. It is the missing voice. The main theme of Lamentations is "Where is the true comfort?". The text presents no comfort. In the literary context, God keeps silent (non-speaking). Canonically, however, Christian readers as God’s people read the Bible, connecting it to Jesus Christ. Within the canonical context, we can indeed find an answer and God’s answering speech (that is, His act), because Jesus is their true comforter acting as God’s response. We can find this response in his teaching (e.g. Jesus’ Sermon on the Mount) and in his mission (e.g. presenting his body as the temple, being Immanuel, God-with-us). / Dissertation (MA(Theology))--University of Pretoria, 2009. / Old Testament Studies / unrestricted
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Analýza klasifikace řečových aktů a konverzačních implikatur zdvořilosti na příkladu kosmetické reklamy / Analysis of classifications of the speech acts and conversational implicatures politeness on the example of cosmetic advertisingTheimerová, Stanislava January 2016 (has links)
In this thesis we deal with pragmatic aspects of language, specifically studying the classification of speech acts and conversational implicature. The theoretical part is concerned with the work of J. L. Austin, J. R. Searle and M. Grepl with an emphasis on differences in the classification of illocutionary acts. Then we deal with the maxim of politeness and pleasantries types according to P. Brown and S. C. Lewinson. In the practical part using analysis of advertising headlines and slogans we are trying to demonstrate the functionality of the classification of speech acts by individual authors. We try to also confirm the performative nature of these statements also implicitly expressed performative verbs. We are interested in the presence of the maxims of politeness in these texts and the consequent shift between different types of courtesy. The aim is to highlight the issue of classification of illocutionary acts and try to outline improvements to this shift. The assumption is that, although the classification struggling with inaccuracies, we thereunder able to distinguish different types of repetitive speeches. To complement these findings, we want to prove performative character of advertising texts, even assuming that there will be implicitly expressed performative verb and the presence of...
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Do we even care about politeness anymore? : A mixed-methods study of societal perceptions on pragmatic competence in EnglishLindqvist, Nellie January 2022 (has links)
Politeness is viewed as an admirable trait by most people, yet what it means to be polite is arguably a controversial issue when it comes to using English, as people of different ages, education levels, and proficiency levels use English daily, and may have different views on politeness. These observations raise questions about whether there are certain universal pragmatic rules, or if pragmatic rules are primarily language- and/or culture-specific. The current study situates itself within the fields of cross-cultural pragmatics and English as a lingua franca and is intended to explicitly address how social distance impacts English users’ views of politeness and appropriateness in English today. The study addresses this issue by investigating how speakers of English perceive appropriateness in certain speech acts, specifically requests and compliment responses, and how they justify or explain their reasoning concerning this. The study employs a mixed-method approach to data collection, where data was collected through two steps: first, a questionnaire distributed online and, second, a set of follow-up interviews with questionnaire respondents. In total, 79 respondents contributed to the questionnaire and, out of these, eight participated in follow-up interviews. Through this dual method of data collection, the intention of the study was to provide some insight into societal perceptions on politeness today from two different perspectives. To that end, the analysis of data takes a two-fold approach: by using T-tests, the statistical relevance of the questionnaire findings is analyzed, and through an inductive analysis of the interview findings, a more in-depth view of the issue at hand is offered as a complement to the initial survey results. By providing insight to the societal perceptions of the pragmatics of English through two different perspectives, the findings of the study could inform and inspire further studies concerning pragmatic norms and, by extension, research focused on the teaching of English.
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PerformativitätSchmidt, Melanie 25 April 2017 (has links)
Der Begriff Performativität geht zurück auf die Sprechakttheorie und wurde von dem Sprachphilosophen John L. Austin 'ins Spiel' gebracht. Er verweist mit dem Terminus auf die handlungspraktische Dimension des Sprechens, d.h. dasjenige zu vollziehen oder zu produzieren, was im Sprechen benannt wird, und es nicht lediglich zu bezeichnen. Vor dem Hintergrund von Derridas Iterabilitätsbegriff hat insbesondere Judith Butler das Konzept in die Gendertheorie eingeführt. Das Sein oder So-Sein eines Geschlechtes ist demnach kein ontologischer Status, der aus einer vordiskursiven Wirklichkeit schöpft, sondern das Ergebnis (sich wiederholender) performativer Inszenierungen, die sich selbst erfolgreich als Sein darstellen.
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Promises, promises Mr. President : A study of commissive speech act usage in 21st century American presidential inaugural addresses.Marklund, Erik January 2023 (has links)
Abstract The American president’s serving period always begin with an iconic inaugural address. It is a function wherein the president can unify the audience, ratify the ceremony, and present his political and administrative direction for his term. Promises are a vital rhetorical tool and strategy at the president’s disposal; however, they can also be a demerit if used incorrectly. Within the discipline of pragmatics, promises are included in the category of the commissive speech act: an utterance which binds the speaker to a future course of action. The focus of the present study is what proportion commissive speech acts are used in relation to other speech acts by the four American presidents inaugurated in the 21st century in their inaugural addresses, as well as how these commissive speech acts are realized in terms of various pragmatic features (e.g., vagueness, deictic use, selfpositive representation, and implicature). The methodological approach adopted in thisstudy is both qualitative as well as quantitative in character. To reflect this, the study was operationalized through speech act analysis and political discourse analysis. The findingsshowcase that the presidents affiliated with the Republican party make use of commissive speech acts to a higher degree than their Democratic counterparts. Donald J. Trump appears as a clear outlier with an exuberant amount of commissive speech acts in comparison with the other three presidents. Furthermore, the findings point out that the most common strategy in how commissive speech acts were realised was to shape them as an assertion and using the inclusive deixis “we”. However, Joseph R. Biden diverged from this pattern. Instead, he used explicit promises featuring the individual deixis “I”. In addition, he often employed rhetorical vagueness which made his promises hard to measure if upheld or not.
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