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What An Ethics Of Discourse And Recognition Can Contribute To A Critical Theory Of Refugee Claim Adjudication: Reclaiming Epistemic Justice For Gender-Based Asylum Seekers, David Ingram
Philosophy: Faculty Publications and Other Works
Abstract: Using examples drawn from gender-based asylum cases, this chapter examines how far recognition theory (RT) and discourse theory (DT) can guide social criticism of the judicial processing of women’s applications for protection under the Geneva Convention Relating to the Status of Refugees (1951) and subsequent protocols and guidelines put forward by the United Nations High Commissioner for Refugees (UNHCR). I argue that these theories can guide social criticism only when combined with other ethical approaches. In addition to humanitarian and human rights law, these theories must rely upon ideas drawn from distributive, compensatory, and epistemic justice. Drawing from recent …
When The Victim Becomes The Accused: A Critical Analysis Of Silence And Power In The Sexual Harassment Case Of Dr. Christine Blasey Ford And Supreme Court Justice Brett Kavanaugh, Erendira Torres
Electronic Theses, Projects, and Dissertations
The purpose of this study was to investigate whether silence was performed as an act of submission or power in the sexual harassment case of Dr. Christine Blasey Ford and Supreme Court Justice Kavanaugh in 2018. Additionally, this study was concerned with how gender role expectations were communicatively represented throughout the hearing. This qualitative case study took a Critical approach through a Feminist Poststructural lens, navigating through concepts such as: discourse, silence, and gender as a cultural construct.