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Legal Pragmatism: Banal Or Beneficial As a Jurisprudential Position? Brian E
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by CommonKnowledge Essays in Philosophy Volume 3 Article 14 Issue 2 Pragmatism and Neopragmatism 6-2002 Legal Pragmatism: Banal or Beneficial as a Jurisprudential Position? Brian E. Butler The University of North Carolina at Asheville Follow this and additional works at: http://commons.pacificu.edu/eip Part of the Philosophy Commons Recommended Citation Butler, Brian E. (2002) "Legal Pragmatism: Banal or Beneficial as a Jurisprudential Position?," Essays in Philosophy: Vol. 3: Iss. 2, Article 14. Essays in Philosophy is a biannual journal published by Pacific nivU ersity Library | ISSN 1526-0569 | http://commons.pacificu.edu/eip/ Legal Pragmatism Essays in Philosophy A Biannual Journal Volume 3, Number 2 Legal Pragmatism: Banal or Beneficial as a Jurisprudential Position? I. Introduction Legal pragmatism is a visible movement in law academia today. The group advocating this stance is composed of a wide-ranging and diverse set of individuals. The list includes Daniel Farber,1 Thomas Grey,2 Margaret Radin3 and Judge Richard Posner4 among many others. Advocates of this stance insist that adoption a pragmatic conception of law practice can help law as a social tool function more effectively. More specifically legal pragmatism is advocated as a judicial stance. A glance at the group listed as legal pragmatists raises the question of whether there is a cohesive center to such a stance. If right-wing judges and leftist-feminists can advocate the same stance something is definitely suspicious. One suspects that there might not be any guts to a stance that can claim adherents from such otherwise radically opposed camps. -
Conversation Analysis and Institutional Talk: Analyzing Distinctive Turn-Taking Systems
Conversation Analysis and Institutional Talk: Analyzing Distinctive Turn-Taking Systems John Heritage, UCLA In: S.Cmejrková, J.Hoffmannová, O.Müllerová and J.Svetlá (1998) (eds.) Proceedings of the 6th International Congresss of IADA (International Association for Dialog Analysis), Tubingen: Niemeyer, pp.3-17. 2 Introduction In the thirty years since its inception, conversation analysis has emerged as a major, and distinctively sociological, contribution to the analysis of discourse. During this time, discourse analysis has acquired considerable prominence as a field of inquiry. Correspondingly, conversation analysis has grown and diversified in many different directions. The sociological origins of conversation analysis are to be found in the work of two great American originators: Erving Goffman and Harold Garfinkel. With Goffman (1955; 1983), conversation analysts begin with the notion that conversational interaction represents an institutional order sui generis in which interactional rights and obligations are linked not only to personal face and identity, but also to macro-social institutions. With Garfinkel (1967), conversation analysts recognize that analyzing the institution of conversation in terms of rules and practices that impose moral obligations, in the way that Goffman stressed, needs to be supplemented by recognizing the importance of intersubjectivity. In particular, this means focusing on how interactional rules and practices are ceaselessly drawn upon by the participants in constructing shared and specific understandings of 'where they are' within a social interaction. Central to this process is a 'reflexive' dimension in social action: by their actions participants exhibit an analysis or an understanding of the event in which they are engaged, but by acting they also make an interactional contribution that moves the event itself forward on the basis of that analysis. -
"Context" Within Conversation Analysis
Raclaw: Approaches to "Context" within Conversation Analysis Approaches to "Context" within Conversation Analysis Joshua Raclaw University of Colorado This paper examines the use of "context" as both a participant’s and an analyst’s resource with conversation analytic (CA) research. The discussion focuses on the production and definition of context within two branches of CA, "traditional CA" and "institutional CA". The discussion argues against a single, monolithic understanding of "context" as the term is often used within the CA literature, instead highlighting the various ways that the term is used and understood by analysts working across the different branches of CA. The paper ultimately calls for further reflexive discussions of analytic practice among analysts, similar to those seen in other areas of sociocultural linguistic research. 1. Introduction The concept of context has been a critical one within sociocultural linguistics. The varied approaches to the study of language and social interaction – linguistic, anthropological, sociological, and otherwise – each entail the particulars for how the analyst defines the context in which language is produced. Goodwin and Duranti (1992) note the import of the term within the field of pragmatics (citing Morris 1938; Carnap 1942; Bar-Hillel 1954; Gazdar 1979; Ochs 1979; Levinson 1983; and Leech 1983), anthropological and ethnographic studies of language use (citing Malinowski 1923, 1934; Jakobson 1960; Gumperz and Hymes 1972; Hymes 1972, 1974; and Bauman and Sherzer 1974), and quantitative and variationist sociolinguistics (citing Labov 1966, 1972a, and 1972b).1 To this list we can add a number of frameworks for doing socially-oriented discourse analysis, including conversation analysis (CA), critical discourse analysis (CDA), and discursive psychology (DP). -
A Phenomenological Research*
KURAM VE UYGULAMADA EĞİTİM BİLİMLERİ EDUCATIONAL SCIENCES: THEORY & PRACTICE Received: March 15, 2016 Revision received: September 5, 2016 Copyright © 2017 EDAM Accepted: October 26, 2016 www.estp.com.tr OnlineFirst: December 12, 2016 DOI 10.12738/estp.2017.1.0216 February 2017 17(1) 237–263 Research Article Building the Professional Identity of Research Assistants: A Phenomenological Research* Hilal Büyükgöze1 Feyza Gün2 Hacettepe University Hacettepe University Abstract This research aims to investigate the determining factors in how research assistants build their professional identity. In the study, which is a qualitative research method patterned on phenomenology, data was collected using a semi-structured interview form. Structured interviews were conducted with seven research assistants selected from a faculty of education at a state university in Ankara using the criterion sampling method. According to the research results, research assistants were determined to prefer taking faculty members as their role models in building their professional identity. They see this process as an opportunity to specialize in their field and improve themselves, feel that working at a pioneering university with prestige in its field increases their responsibilities, and are more enthusiastic about improving themselves in that direction. In relation to deficiencies in the process of building their professional identity, the participants stated that they have limited opportunities regarding practice and feel uncomfortable conducting research unrelated to their practice. The research results were discussed in the context of related literature, as well as the administrative and functional structure of the higher education system. Keywords Higher education • Professional identity • Building professional identity • Research assistant • Phenomenology * This study was conducted in partial fulfillment of the requirements for Literature Review and Report Writing course, and the authors would like to express their grateful thanks to Dr. -
Information to Users
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Society for Occupational Health Psychology Newsletter
Society for Occupational Health Psychology Newsletter Winter 2020 - Volume 24 SOHP President’s Column It is ironic that a year which began with endless puns about “seeing clearly” and “looking forward” is now characterized by obscurity and ambiguity. I count my blessings that my family and close friends have been spared all but a few close Inside this issue encounters with the more difficult aspects of this year. I am thankful for many things that have transpired in 2020, in SOHP President’s Column ........... 1 spite of (and in some cases because of) the hard reset and Eulogy for Kari Lindstrom………….3 continuing wake-up calls that this year has included. Looking Diversity Perspectives ................. 3 forward, I am filled with hope for all the potential that exists for improvements in 2021 and the years to come. COVID-19: Job Market ................. 4 SIOP Updates .............................. 5 I am confident that when it comes to the Society for Occupa- GSI Committee Updates .............. 5 Christopher Cunningham, PhD tional Health Psychology (SOHP), great things are already happening. Even in a “normal” year, I would be proud of the EAHOP Updates .......................... 6 SOHP President work that the SOHP Executive Committee has been doing. Success for AIHA 2020 ................ 6 University of Tennessee at This is especially true over the past few months, as we have NIOSH NPPTL Commentary ........ 8 Chattanooga focused our attention on improving our membership experi- Upcoming Conferences ............... 10 ence and offerings, increasing our public education and out- reach efforts, and strengthening our connections with the broader world of occupation- al health and safety professionals. -
Social Work Practice and Social Science History
Social Work &SOCIAL Social Sciences WORK Review PRACTICE 15(1) AND2011 pp.5-27.SOCIAL DOI:SCIENCE 10.1921/095352211X604291 HISTORY Social work practice and social science history Edgar Marthinsen1 Abstract: Social work may be regarded as a product of the Enlightment together with other social sciences. The ontological shift from religious perspectives to a secularly based responsibility that opens up for political as well as individual action is regarded as a baseline for modern social work. Social work itself has struggled to develop an academic identity and a sustainable social fi eld within the social sciences. Social work has historically experienced a gap between research and practice, relating to social sciences and other subjects as part of its teaching without a fi rm scientifi c foundation for social works own practice. If social work earlier developed related to ideas of welfare and social policy in practice it may now be moving in a new direction towards more than being based on scientifi c development within its own fi eld. Over the last decades the need for scientifi c development within social work has strengthened its relation to research and social science. There seems to be arguments to support that social work is moving with research in directions which may be regarded as an epistemological turn based on understanding of knowledge production as well as a linguistic turn where the construction of meaning enhance the importance of regarding different lifeworlds and worldviews as basis for claiming some egalitarian positions for different positions as clients as well as researchers and practitioners. -
Ethnomethodology and Literacy Research: a Methodological “Road Less Travelled”
English Teaching: Practice and Critique May, 2012, Volume 11, Number 1 http://education.waikato.ac.nz/research/files/etpc/files/2012v11n1art2.pdf pp. 26-42 Ethnomethodology and literacy research: A methodological “road less travelled” CHRISTINA DAVIDSON Charles Sturt University, Australia ABSTRACT: This article examines ethnomethodology in order to consider its particular yet under-used perspective within literacy research. Initially, the article outlines ethnomethodology, including its theoretical position and central concepts such as indexicality and reflexivity. Then, selected studies are used to illustrate the application of the methodology and related research methods to the examination of literacy and literacy instruction. This section delineates a number of constraints on the application of the methodology. These include respecification of topic as practical accomplishment, bracketing by researchers of a priori interests and background information to produce unmotivated looking, and meticulous analytic attention to locally produced social phenomenon often only made visible in fine details of transcripts. Ethnomethodology’s contribution is discussed then in light of criticisms concerning the overly restricted nature of the methodology, or some versions of it. It is concluded that despite ongoing critique, the application of ethnomethodology to literacy research may: reveal taken-for-granted ways literacy lessons are accomplished, lead to the description and explication of social actions that constitute literacy instruction, and enhance existing theoretical models of literacy learning and teaching. KEY WORDS: Ethnomethodology; conversation analysis; social interaction; literacy; English. INTRODUCTION Ethnomethodology is a research methodology that originated in American sociology during the 1950s. Harold Garfinkel first developed the approach which was considered controversial at the time because of its critique of the use of theory and quantitative methods of analysis in mainstream sociology (Hester & Francis, 2000). -
Attributes of a Profession Author(S): ERNEST GREENWOOD Source: Social Work, Vol
Attributes of a Profession Author(s): ERNEST GREENWOOD Source: Social Work, Vol. 2, No. 3 (JULY 1957), pp. 45-55 Published by: Oxford University Press Stable URL: https://www.jstor.org/stable/23707630 Accessed: 20-03-2020 18:01 UTC JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at https://about.jstor.org/terms Oxford University Press is collaborating with JSTOR to digitize, preserve and extend access to Social Work This content downloaded from 128.163.239.206 on Fri, 20 Mar 2020 18:01:41 UTC All use subject to https://about.jstor.org/terms by ERNEST GREENWOOD Attributes of a Profession The professions occupy a position of great surgeon, and teacher.4 What common attri importance on the American scene.1 In a butes do these professional occupations pos society such as ours, characterized by mi- sess which distinguish them from the non nute division of labor based upon technical professional ones? After a careful canvass specialization, many important features of of the sociological literature on occupa social organization are dependent upon tions, this writer has been able to distill professional functions. Professional activ- five elements, upon which there appears to ity is coming to play a predominant role be consensus among the students of the in the life patterns of increasing numbers subject, as constituting the distinguishing of individuals of both sexes, occupying attributes of a profession.5 Succinctly put, much of their waking moments, providing all professions seem to possess: (1) systematic life goals, determining behavior, and shap- theory, (2) authority, (3) community sanc ing personality. -
Conversation Analysis for Educational Technologists: Theoretical and Methodological Issues for Researching the Structures, Processes, and Meaning of On-Line Talk
P1: MRM/FYX P2: MRM/UKS QC: MRM/UKS T1: MRM PB378-40 PB378-Jonassen-v3.cls September 8, 2003 15:15 Char Count= 0 CONVERSATION ANALYSIS FOR EDUCATIONAL TECHNOLOGISTS: THEORETICAL AND METHODOLOGICAL ISSUES FOR RESEARCHING THE STRUCTURES, PROCESSES, AND MEANING OF ON-LINE TALK Joan M. Mazur University of Kentucky processes and outcomes. As ever-increasing numbers of people 40.1 INTRODUCTION use on-line chats, listservs, threaded discussions, and video and audio conferencing for educational purposes, questions about Research in education technology encompasses a wide range these on-line conversations arise: of quantitative and qualitative methods (Savenye & Robinson 1996). Methods and approaches formerly applied in the broader r realm of qualitative educational research have become impor- What are characteristics of on-line conversations, and how tant to researchers in educational technology. Conversation does virtual talk-in-interaction relate to instruction, learning, analysis (CA) is one such qualitative approach that has recently and communication? r become highly relevant for examining educational phenonmena What relationships exist between conversation and cognition related to discourse supported by the plethora of tools and re- or the social, distributed construction of knowledge? sources for computer-mediated communication. In this chapter, r To what extent does the type of technology limit or support which focuses on CA situated within the tradition of discourse the discourse required for various modes of instruction? analysis, I make several assumptions. I assume that the reader is r What are these discourses of on-line instruction? acquainted with qualitative inquiry and such terms as grounded r theory, intersubjectivity, participant and nonparticipant obser- How can structures and processes inherent in conversation vation, sampling, and recursion in the analytic phases of inquiry assist in the development of instructional contexts that sup- are familiar. -
34 Conversation Analysis and Anthropology
34 Conversation Analysis and Anthropology IGNASI CLEMENTE Hunter College, CUNY 1 Introduction In this chapter, I discuss the relationship between Anthropology and Conversation Analysis (CA). After briefl y describing what Anthropology is and the intellectual history of the relationship between Anthropology and CA, I focus on the ways in which each fi eld has infl uenced the other. Anthropology is the study of the human species in its present and past diversity from a holistic and empirical perspective. With this wide - ranging and inclusive approach to the study of the human experience, North American Anthropology is made up of four subfi elds: sociocultural anthropology, physical anthropology, archeology, and linguistic anthropology. Culture is considered a central aspect of what makes us human, but anthropologists do not share a single defi nition of culture. In fact, defi nitions of and disagreements about culture abound across anthropological subfi elds and theoretical approaches. Duranti (1997a) devotes an entire chapter of his linguistic anthropology textbook to present six defi nitions of culture: culture as (i) distinct from nature, (ii) knowledge, (iii) communication, (iv) a system of mediation, (v) a system of practices, and (vi) systems of participation. Despite the differences, a general understanding exists around a defi nition of culture as the component of human experience that is not biologically transmitted, but rather learned and passed among and between populations across time and space. To study culture, anthropologists often conduct in situ observation and data collection to create an ethnography (Malinowski, 1967 [1922]). Ethnography is “ thick ” description (Geertz, 1973 ) of human social phenomena in the natural and local settings within which they emerge and acquire meaning. -
The Scope of Hermeneutics in Natural Science
Fordham University Masthead Logo DigitalResearch@Fordham Hermeneutic and Phenomenological Philosophies Research Resources of Science 1998 The copS e of Hermeneutics in Natural Science Patrick A. Heelan Georgetown University, [email protected] Follow this and additional works at: https://fordham.bepress.com/phil_research Part of the Continental Philosophy Commons, and the Philosophy of Science Commons Recommended Citation Heelan, Patrick A., "The cS ope of Hermeneutics in Natural Science" (1998). Research Resources. 12. https://fordham.bepress.com/phil_research/12 This Article is brought to you for free and open access by the Hermeneutic and Phenomenological Philosophies of Science at DigitalResearch@Fordham. It has been accepted for inclusion in Research Resources by an authorized administrator of DigitalResearch@Fordham. For more information, please contact [email protected]. Preprint 1998: The Scope of Hermeneutics in Natural Science THE SCOPE OF HERMENEUTICS IN NATURAL SCIENCE PATRICK A. HEELAN Georgetown University Washington, DC 20057 Abstract: Hermeneutics or interpretation is concerned with the generation, transmission, and acceptance of meaning within the lifeworld and was the original method of the human sciences stemming from F. Schleiermacher and W. Dilthey. Hermeneutic philosophy refers mostly to M. Heidegger’s. This paper addresses natural science from the perspective of Heidegger’s analysis of meaning and interpretation. Its purpose is to incorporate into the philosophy of science those aspects of historicality, culture, and tradition that are absent from the traditional analysis of theory and explanation, to re-orient the current discussion about scientific realism around the hermeneutics of meaning and truth in science, and to establish some relationship between the current philosophy of natural science and hermeneutical philosophy.