Matching Items (2)
Description
This dissertation explores the discursive construction of work and family identities in the Family and Medical Leave Act (FMLA) regulatory rulemaking process. It uses dramatism and public sphere theory along with the critical legal rhetoric perspective to analyze official FMLA legal texts as well as over 4,600 public comments submitted in response to the United States Department of Labor's 2008 notice of proposed rulemaking that ultimately amended the existing FMLA administrative regulations. The analysis in this dissertation concludes that when official and vernacular discourses intersect in a rulemaking process facilitated by the state, the facilitated public that emerges in that discourse is bounded by official discourses and appropriated language. But individuals in the process are able to convey and contest a range of work and family identities that include characteristics of public, private, abuse, accountability, sacrifice, and struggle. It further demonstrates that different circumferences for crafting work and family identities exist in the regulatory rulemaking process, including national, international, and time-bounded circumferences. Because the law is a discourse that has far-reaching rhetorical implications and the intersect between vernacular discourses and legal discourses is an underexplored area in both communication and legal studies, this dissertation offers a contribution to the ongoing work of scholars thinking about work and family identities, the material consequences of the intersect of work and family, and the rhetorical implications of legal discourse.
ContributorsDavis, Kirsten (Author) / Carlson, Adina (Thesis advisor) / Brouwer, Daniel (Committee member) / Sigler, Mary (Committee member) / Arizona State University (Publisher)
Created2012
Description
I will examine the relation between techne and virtue as it appears in Plato‘s dialogues and suggest that in order to adequately confront our greatest political and social challenges our understanding must move beyond mere scientific and technical knowledge and our practices must move beyond the political art taught by Gorgias and Protagoras. It is my belief that the Platonic conception of virtue and the political art that aims toward that conception of virtue offer a paradigm that can help remedy today‘s arguably technocratic political condition. I begin this work by exploring the nature of techne as it was understood in ancient Greece, and arguing (contra Irwin) that Plato did not hold a technical conception of justice. Whereas each techne establishes an eidos (idea, form, blueprint) in advance, which can be clearly known and uniformly applied in each particular case, I argue that Plato‘s conception of justice leaves all substantive content to be filled out in each concrete situation, precluding the possibility of the anticipatory disposition that techne affords and demanding a certain degree of deliberation in each situation, with attention paid to the unique aspects of each particular set of circumstances. I argue that this conception of justice informs Plato's notion of a "political art" and suggest that this art requires constant attention to the unique attributes of each particular situation in which we find ourselves, and that the pre-interpretive prejudice of many modern ideologies and political-economic perspectives hinders our ability to see the particularity in each situation and thereby reduces our capacity for achieving justice in the historically-situated, concrete moment within which we always must act.
ContributorsOlsen, Tyler (Author) / Crittenden, Jack (Thesis director) / Ramsey, Ramsey Eric (Committee member) / Barrett, The Honors College (Contributor) / School of Historical, Philosophical and Religious Studies (Contributor) / School of Politics and Global Studies (Contributor)
Created2015-05