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Dissertations / Theses on the topic 'Law reform'
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Nightingale, Carol L. "Criminal law reform : England 1808-1827 /." Title page, contents and introduction only, 1993. http://web4.library.adelaide.edu.au/theses/09AR/09arn688.pdf.
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Thompson, Von. "Law reform, conciliation and domestic violence /." Title page, contents and abstract only, 1998. http://web4.library.adelaide.edu.au/theses/09ARM/09armt477.pdf.
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Stoker, Stuart Mitchell Imrie. "A comparative study of law reform implementation : selected cases /." Thesis, Click to view the E-thesis via HKUTO, 1987. http://sunzi.lib.hku.hk/hkuto/record/B42574110.
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Stark, Shona Wilson. "Law reform ... now? : the work of the British Law Commissions." Thesis, University of Cambridge, 2015. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.709320.
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Turnbull, Christopher J. "Family law property settlements: Principled law reform for separated families." Thesis, Queensland University of Technology, 2017. https://eprints.qut.edu.au/113831/1/Christopher_Turnbull_Thesis.pdf.
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This thesis investigates the philosophical basis, values, and practical application of family law, specifically property settlements for separated spouses, where those spouses have children of their relationship. It is a step forward in understanding of how judges decide cases, as it reports on the results and process of decision-making using 200 decisions from family law courts. It develops criteria for defining justice in this context, including a clear purpose to the law, consistency of decision-making, non-discrimination between spouses, giving weight to financial disadvantage, and priority to the economic interests of children.
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Strauß, Ekkehard. "UN-Reform und Menschenrechte." Universität Potsdam, 2011. http://opus.kobv.de/ubp/texte_eingeschraenkt_verlag/2012/6095/.
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Inhalt:
- Einführung
- I. Allgemeiner Überblick über die UN-Reform
- 1. Die Rolle der Vereinten Nationen in einer globalisierten Welt
- 2. Grundgedanke der Reform
- 3. Bisherige Reformschritte
- 4. Menschenrechte in der Entwicklungszusammenarbeit
- 5. Menschenrechte im Bereich „peace-keeping“
- 6. Kooperation der Vereinten Nationen mit der Privatwirtschaft
- 7. Millennium Development Goals
- 8. Zwischenergebnis
- II. Treaty-body Reform
- III. Ergebnis
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King, Andrew G. "Making Sense of Law Reform-A Case Study of Workers' Compensation Law Reform in Ontario 1980 to 2012." Thesis, Université d'Ottawa / University of Ottawa, 2014. http://hdl.handle.net/10393/31217.
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This thesis is a case study from 1980 to 2012 of law reform applied to workers’ compensation in Ontario. It aims to understand the promise of law reform and its implementation from the standpoint of injured workers. The study is structured in three parts.
Part One constructs an analytical framework drawing on legal theories and principles of adjudication. It provides a brief history of the Ontario Workers’ Compensation Board, its powers and adjudicative practices prior to the reforms.
Part Two summarizes reform in Ontario’s workers’ compensation law from 1980 to 2012. The description is organized into five periods reflecting significant shifts in direction. It focuses on government recommendations for reform, identifies and describes key legislative changes, and explores changes to governance, appeals and adjudication. Legislation, case law, policy and practice are reviewed.
Part Three reviews the evidence of the impact of the Ontario reforms on a particular group: unemployed, permanently disabled workers. While the Board refuses to track the economic status of injured workers, research suggests poverty and stigma face many.
Conclusions suggest that Ontario’s workers’ compensation system was transformed from one established to address the interests of workers and employers separately to one that balances those interests and now into one that privileges the interests of employers. Workers’ interests are a cost to be reduced. The prospect of law reform as an empirically driven process to address injustice has been corrupted by a focus on correctness with fairness as an afterthought.
Cette thèse étudie les réformes de la législation ontarienne en matière d'indemnisation pour les accidents du travail apportées entre 1980 et 2012. Elle vise à comprendre, du point de vue des travailleurs accidentés, les promesses des réformes et leur mise en oeuvre. L'étude est structurée en trois parties.
La première partie fournit un cadre théorique ancré sur certaines théories juridiques et sur les principes régissant la prise de décision. Elle fournit une courte historique de la Commission des accidents du travail de l'Ontario, en regard de ses pouvoirs et pratiques décisionnelles avant les réformes.
La deuxième partie fait la synthèse de la réforme de la législation ontarienne en matière d'accidents du travail de 1980 à 2012. Elle se divise en cinq périodes reflétant les réorientations importantes. Elle aborde les recommandations gouvernementales, décrit les modifications législatives et explore les changements apportés au niveau de la gouvernance, des appels et des modalités de prise de décision. La législation, la jurisprudence, les directives et les pratiques sont étudiées.
La troisième partie analyse, à la lumière des statistiques et les recherches scientifiques sur le sujet, l'impact des réformes ontariennes sur un groupe particulier: les travailleurs porteurs d'atteintes permanentes et qui sont sans emploi. Alors que la Commission refuse de documenter le statut économique des travailleurs accidentés, la recherche suggère que plusieurs font face à la pauvreté et la stigmatisation.
Les conclusions de la thèse suggèrent que le système d'indemnisation des accidentés du travail de l'Ontario est passé d'un système conçu pour répondre aux intérêts des travailleurs et des employeurs de manière séparée à un système qui a cherché l'équilibre entre ces intérêts, pour, maintenant, privilégier les intérêts des employeurs. Les intérêts des travailleurs sont des coûts à être réduits. La perspective de la réforme du droit en tant que processus fondé sur les données scientifiques pour répondre à l'injustice a été corrompue par un focus sur le caractère correct des décisions, et l'équité est devenue une considération qui vient en dernier lieu.
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Thurston, Richard L. "Foreign Investment and Law Reform in China." MIT-Japan Program, 1996. http://hdl.handle.net/1721.1/7572.
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Harris, Rudessa. "Corporate Governance law reform in South Africa." Diss., University of Pretoria, 2016. http://hdl.handle.net/2263/60052.
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White, Donna Gayle. "Benthamite utilitarianism and law reform in Canada: A criminal law perspective." Thesis, University of Ottawa (Canada), 1991. http://hdl.handle.net/10393/7756.
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Renaudin, Muriel. "Secured transactions law reform and the modernisation of personal property law." Thesis, Swansea University, 2010. https://cronfa.swan.ac.uk/Record/cronfa43139.
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Schöpp-Schilling, Hanna Beate. "Vorschläge zur Reform der UN-Vertragsausschüsse im Rahmen der Bemühungen um eine Reform der Vereinten Nationen." Universität Potsdam, 2011. http://opus.kobv.de/ubp/texte_eingeschraenkt_verlag/2012/6097/.
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Heenan, Melanie 1968. "Trial and error : rape, law reform and feminism." Monash University, School of Political and Social Inquiry, 2001. http://arrow.monash.edu.au/hdl/1959.1/9136.
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Radcliffe, Deborah J. "Understanding labour law reform in Alberta, 1986-1988." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/nq23060.pdf.
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Duvnjak, Angella. "Disappearing women : 'gender-neutrality' and rape law reform /." Title page, contents and abstract only, 1996. http://web4.library.adelaide.edu.au/theses/09AR/09ard987.pdf.
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Gregirchak, Yaroslav. "International securitization : Implications for law reform in Ukraine." Thesis, McGill University, 2001. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=32802.
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Prospects of securing affordable and efficient development finance for Central and Eastern European countries largely depends upon development of international securitizaton in the region, which is characterized by an undercapitalized banking sector and weak domestic investors' base.Securitization in the United States is examined as an example of how a developed jurisdiction can deploy this institution. The study of the cross-border structured finance experience gained by Latin American countries serves to show that this financing technique can be used in Ukraine. Ukraine is viewed as a target developing jurisdiction, and relevant proposals for Ukrainian law reform with emphasis on secured financing and bankruptcy regimes are elaborated.
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Elvin, Jesse Daniel. "Political correctness, feminism and law reform in England." Thesis, London School of Economics and Political Science (University of London), 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.420428.
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This thesis examines how far concerns about the perceived influence of feminism on the English legal system are grounded in reality. It makes two main points. Firstly, it shows that there is a significant concern, as presented in the media, that 'politically correct' feminism is having a major influence on the law in England. It shows, for example, that there is an important worry about the perceived influence of feminism on the law dealing with sexual offences and compensation for sexual violence. Similarly, it shows that there is also an notable concern that England will adopt, or that it already has adopted in significant respects, sexual harassment laws as extreme as those supposedly in place in America. Secondly, it demonstrates that certain kinds of feminist approaches to law have made uneven or little progress, despite the widely held perception that they have made tremendous headway in the legal system. By way of an epilogue, it concludes that the reaction to 'politically correct' feminism may best be viewed as a form of 'moral panic'; i.e. a societal response based on beliefs about a perceived moral threat. It places this moral panic in a historical and cultural perspective, comparing it to other moral panics such as the 1950s anti-Communist hunt in American society, and considers its cause.
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Glick, Daphne. "The movement for partnership law reform 1830-1907." Thesis, Lancaster University, 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.293215.
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Legal historians have tended to neglect the development of private law, particularly in relation to commerce, save for studies on the introduction of the Limited Liability Company in 1855. However, notwithstanding the 1855 legislation, the partnership remained the dominant form of business organisation until the late nineteenth century despite the difficulties encountered from the uncertainty and complexity of the law. A study of the movement for partnership legislation illustrates the problems and difficulties in the advancement of private law legislation. This thesis is a study of certain of the organisations involved in the attempted reform of partnership law in the nineteenth and early twentieth century. Contemporary source material has been utilised to illustrate the discussions and debates that were conducted by leading Chambers of Commerce,Law Societies and the Society for the Promotion of the Amendment of the Law. The Board of Trade records also have been consulted to determine the relationship between the Government and the commercial associations. No major change was made in the law until lQ07; the Partnership Act 189O merely enshrined the existing common law provisions. This thesis attempts to examine the reason why no earlier reform was achieved and, in particular, the role played by organisations to whom Partnership Law was of special concern. The central argument individual organisations legislation and could of the thesis is that the were not capable of forcing not form effective pressure groups because of their lack of cohesion of ideas and objectives. It is also suggested that the Government actively discouraged any attempts at reform. It will be argued that the introduction of the Limited Partnerships Act in lQ07 shows that the role played by individuals - provided they were influential persons - was the most significant factor in the promotion of private legislation in the period reviewed and that law reform did not necessarily arise because of public demand.
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Qi, Chunfang. "Death penalty reform in China : international law context." Thesis, University of Central Lancashire, 2018. http://clok.uclan.ac.uk/25364/.
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This thesis provides an account of the history and the status quo of the death penalty in China, along with an analysis of its possible reform in the future. It begins by looking at the history of the use of the death penalty in China from the pre-Qin-Han era to the present. It revolves around consideration of the international law context, the drawbacks of and challenges to the Chinese legal system concerning the use of the death penalty and the would-be approaches to death penalty reform in China against the background of the global abolition movement. It examines the debates between reformists/neo-liberal cosmopolitans and conservatives in Chinese legal history from the end of the Qing dynasty to present-day China. Concerning the international law context, this thesis analyses how China treats international treaties, especially capital punishment related human rights treaties (mainly the ICCPR), on the legislative and judicial level. It studies the factors that have influenced the abolition movement in European countries. The thesis examines the Chinese Criminal Law and the Criminal Procedure Law to find challenges and gaps concerning the use of the death penalty between the Chinese legal system and the requirements of international human rights treaties. It also analyses case studies and empirical studies of capital crimes. Subsequently, the work outlines a number of alternative punishments to the death penalty and possible approaches to reform. It also analyses the present impetus for reform of the death penalty in China from a socio-economic perspective. The thesis further examines Chinese public opinion concerning the reform/abolition of the death penalty, as reflected in various surveys conducted by the author herself, as well as other Chinese or foreign scholars, for which a detailed analysis is provided in Appendix 6. Finally some possible suggestions and solutions are provided for the future reform of the death penalty in China.
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Weber, George Kevin. "Law reform and the problem of unintended consequences." Thesis, Massachusetts Institute of Technology, 1985. http://hdl.handle.net/1721.1/78058.
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Thesis (Ph. D.)--Massachusetts Institute of Technology, Dept. of Urban Studies and Planning, 1985.MICROFICHE COPY AVAILABLE IN ARCHIVES AND ROTCH.
Bibliography: leaves 247-258.
by George Kevin Weber.
Ph.D.
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Mogilnaya, Maria. "Deposit protection law reform in Russia : an evaluation." Thesis, De Montfort University, 2012. http://hdl.handle.net/2086/7104.
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In late 2003 after two financial crises and many years of deliberation, the Russian Government introduced a deposit insurance scheme (DIS) aimed primarily at protecting the savings of the population. The DIS's stated objectives were to protect the right and legal interests of depositors, to strengthen public confidence in the banking system, and to encourage household savings. Recent official assessments of the scheme have been, at best, partial, have tended to use government statistics and have failed to establish a link between the banking sector outputs and the impact of the DIS. This thesis undertakes a detailed evaluation of the Russian DIS based on a comprehensive analysis of vast literature on deposit insurance schemes globally covering rationales for its establishment and its main features, as well as of the relevant Russian legislation and past attempts at evaluating the Russian DIS which were somewhat patchy. Adopting a cross-sectional, mixed methods approach, the study reports on the findings that emerged from a combination of surveys, interviews and observations conducted at six participating Russian banks in spring 2009. These were supplemented by documentary evidence from the banks and the Russian Deposit Insurance Agency. To facilitate the analysis and interpretation of the data, a theoretical framework was devised, and included a set of success criteria and impact indicators. The results of the analysis indicate that the Russian DIS does not appear to have fully achieved its stated objectives. Irrefutably, the Russian Government failed to establish an effective institutional and regulatory environment which could have enforced uniform provision of information about the DIS to retail depositors. This is evidenced by visible differences among bank practices in relation to the implementation of the DIS. Consequently, as a result of these variations in implementation, the retail depositors’ understanding of the DIS and its perceived impact differs depending on which bank they patronise. This research provides a number of original theoretical, empirical, analytical and methodological contributions
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Meintjes-van, der Walt Lirieka. "The domestic worker some considerations for law reform." Thesis, Rhodes University, 1993. http://hdl.handle.net/10962/d1003198.
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This thesis examines ways in which domestic workers in South Africa could be included within the scope of existing industrial legislation. At present the legal position of a work force of 862 000 is regulated by the common law contract of service. Socio-economic factors form the background of this investigation,which first sets out to determine whether the common-law contract of employment is capable of equitably regulating the employment relationship. The fallacy of the assumption that individuals agree on the terms of exchange in the employment contract on the basis of juridical equality, and the tenuous nature of the common-law employment relationship in the case of domestic workers are revealed. In the absence of any current statutory minima the employment contract is used to deprive domestic workers of what little protection they enjoy at common law. The two ways in which the individual employee's conditions of service can be protected from terms favouring the stronger of the two contracting parties are discussed. These are collective bargaining and statutory regulation. Difficulties experienced by domestic workers in respect of collective bargaining, whether they be included under the Labour Relations Act or not, are indicated. Proposals for including domestic workers under the Basic Conditions of Employment Act are evaluated in the light of legislation in the United States of America, Zimbabwe, Swaziland and Namibia. Ways of minimum-wage fixing are investigated, and it is concluded that the provisions of the Wage Act could be adapted for domestic workers. The 'unfair labour practice'concept is examined and the implications of its application for the domestic labour sector evaluated. It is recommended that the concept 'fairness' in the Labour Relations Act should apply to domestic workers, but that a code of practice be drafted to provide conceptions of 'fairness' as guidelines for employment behaviour. It is suggested that the parties refer disputes to mediation before being granted access to a Small Labour Court established for this purpose. In conclusion a draft code of practice is presented, as a basis for negotiation at a forum representative of the major actors in the domestic labour arena.
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Golding, Greg. "The reform of misstatement liability in Australia's laws." Connect to full text, 2001. http://setis.library.usyd.edu.au/adt/public_html/adt-NU/public/adt-NU20040206.161344/index.html.
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Sand, Peter H. "Vergemeinschaftung von Umweltgütern als Teil einer UN-Reform?" Universität Potsdam, 2011. http://opus.kobv.de/ubp/texte_eingeschraenkt_verlag/2012/6113/.
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Lester, Vernon Markham. "Insolvency and reform of English bankruptcy law, 1831-1914." Thesis, University of Oxford, 1991. http://ora.ox.ac.uk/objects/uuid:28c0519a-eef4-44c4-bb8a-90be75e0c7da.
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This thesis is a history of the reform of English bankruptcy law 1831-1914 and a statistical analysis of the insolvency the reforms sought to limit. The first two chapters describe the historiography of government growth in nineteenth-century Britain and outline the history of English bankruptcy legislation until 1831. Using statistics from bankruptcy reports published by the Board of Trade after 1883 and returns issued by other government entities prior to that date, chapters three and four define the extent and the characteristics of insolvency. These chapters analyze the aggregate level of bankruptcy in particular occupations and geographic areas; they also examine the effect of trade cycles on bankruptcy levels, both in terms of numbers of bankruptcies and losses occasioned. The remaining chapters trace the history of bankruptcy legislation and examine why Parliament embraced the concept of government supervision of bankrupt estates in 1831, then dismantled the system in the 1860s, only to reimpose it once again a short time later. The roles of three groups in this story -- the business community, the legal profession, and the government -- are examined in detail using the records of the local chambers of commerce, law societies, and other organizations. The thesis concludes that, while the aggregate level of losses declined after the Bankruptcy Act of 1883, the loss rates for some occupations did not reflect this decline. Also, trade cycles did not uniformly affect the rate of bankruptcy for all occupations and geographic areas. Random factors rather than trade cycles had the greatest effect on annual bankruptcy rates. The thesis also argues that the extension of government brought about by bankruptcy reforms was largely a pragmatic attempt to manage bankrupt estates efficiently and had little philosophical basis. Further, the close resemblances between bankruptcy reforms and other Victorian extensions of government add to the evidence that, while there may not be a strict pattern to government growth, such growth may be considered as a distinct and identifiable process.
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Hendry, Sarah. "An analytical framework for reform of national water law." Thesis, University of Dundee, 2008. https://discovery.dundee.ac.uk/en/studentTheses/43958b68-c58d-4166-a1a6-9d1611fd1a70.
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This thesis is a comparative law study of the national water laws of four jurisdictions - Scotland, England, South Africa and Queensland Australia. The purpose of the research was to develop an analytical framework for reform of national water law. The management of the water resource is a pressing global concern and law is one of the disciplines working to achieve this. As part of the global policy agenda for water, many states are reforming their national laws; many other actors are also engaged in these processes. However there is no framework for this area of law reform, no structure against which reform proposals can be assessed. This thesis attempts to draw out such a framework, by a primarily positivist and pragmatist analysis.
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Handler, Philip. "Forgery and criminal law reform in England, 1818-1830." Thesis, University of Cambridge, 2001. https://www.repository.cam.ac.uk/handle/1810/272333.
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Harbour, Tiffany Kwader. "Creating a New Guatemala: The 1952 Agrarian Reform Law." Wright State University / OhioLINK, 2008. http://rave.ohiolink.edu/etdc/view?acc_num=wright1217963651.
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Moore, Douglas R. "Appropriating justice : Victorian literature and nineteenth-century law reform /." Available to subscribers only, 2007. http://proquest.umi.com/pqdweb?did=1483471651&sid=1&Fmt=2&clientId=1509&RQT=309&VName=PQD.
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Thesis (Ph. D.)--Southern Illinois University Carbondale, 2007."Department of English." Keywords: Bulwer-Lytton, Collins, Wilkie, Trollope, Anthony, Browning, Robert, Lytton, Edward Bulwer Lytton, Baron, Justice, Victorian, Law reform, Nineteenth century Includes bibliographical references (p. 265-281). Also available online.
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Mendoza, Jose Miguel. "Transitional strategies for institutional reform in Latin America." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:0f328cba-8a44-4775-889f-ff12a13b8148.
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This dissertation seeks to improve the current understanding of the ways in which institutional reform can promote the development of stock markets in Latin America. Over the past decade, policymakers sought to stimulate the growth of capital markets in the region through the promotion of a standardized set of formal institutions. An example of this approach in the field of company law was the introduction of modern corporate governance practices into nations without a solid enforcement infrastructure. By most accounts, these efforts did not deliver on their promise of stock market development. This work identifies areas for potential reform. As a means to better understand the operation of Latin American stock markets, this dissertation draws from different sources, including the historical experience of industrialized nations, the available literature on institutional reform, the documented shortcomings of legal reform programmes and hand-collected data from various Latin American countries. The resulting analysis suggests that the promotion of Latin American capital markets may require strategies different to those that were set in motion over the past decade. The main contribution of this work is twofold. First, this dissertation brings some nuance to the discussions concerning the challenges faced by Latin American capital markets. A proper understanding of these challenges is essential for policymakers in the region, particularly after the onset of the Latin American Integrated Market. Second, this dissertation explores the use of ‘transitional strategies’ to overcome some of the challenges identified here. The ultimate goal of this project is to inform future reform efforts in Latin America and to offer some insights for policymakers in other emerging countries.
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Kaulungombe, Kaluba Gloria. "Business rescue for Zambia: suggestions for legislative reform." Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/12359.
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Includes bibliographical references.A Company is an integral part of the community in which it does business as it impacts on that community and the economy of the country as a whole. Consequently, the failure of that company not only affects that community but also the shareholders, suppliers, employees and customers. The company law of a country therefore needs to provide a means to preserve commercial enterprises that are capable of making a useful contribution to the economic life of a country. In recent years, several developed and developing countries have enacted business rescue legislation to supplement existing insolvency rescue procedures such as receivership and the scheme of arrangements. This dissertation discusses the need for Zambia to enact adequate business rescue legislation considering the current inadequacies in the existing Companies Act.
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Golding, Gregory Ray. "The Reform of Misstatement Liability in Australia's Prospectus Laws." University of Sydney. Law, 2003. http://hdl.handle.net/2123/607.
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This dissertation considers the reforms made to the liability rules in Australia�s prospectus laws during the 1990s. It traces the rewrite of the fundraising provisions at the end of the 1980s as part of the new Corporations Law through to the rewrite of those provisions at the end of the 1990s as part of the CLERP Act initiative. As the law in this area is not particularly well served by detailed judicial or academic analysis in Australia, the dissertation seeks to define the scope of the Australian liability regime by reference to case law analysis, a review of relevant theoretical considerations and comparative analysis with other key jurisdictions. The thesis of the dissertation is that many of the reforms were, particularly initially, misconceived in key respects because of a failure to apply appropriate theoretical underpinnings and to take account of the lessons that could have been learned from a comparative analysis with other key jurisdictions.
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Erwin, Courtney Paige. "Islamic law and modernity : Abdullahi an-Naim's proposal for reform." Thesis, McGill University, 2001. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=32908.
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This thesis examines the state of Islamic law in the modern context as perceived by the Muslim scholar Abdullahi an-Na`im, assessing its suitability for contemporary society, with particular emphasis upon its relationship to international human rights standards. The first part of this work reviews the impact of the nation-state upon the current international structure and then considers Islamic law as it was classically conceived and developed. The focus of this discussion addresses the importance of clear and definite texts in the Qur'an and the roles of ijtihad and naskh in us&dotbelow;ul al-fiqh, exploring the dimensions of flexibility and change allowed in this system. The second part involves an investigation of the development of international human rights standards and provides an appraisal of their authority and validity by which the Shari'a is today judged. The areas in the Shari'a that are seen to conflict with these modern standards, specifically the status of women and non-Muslims, and criminal punishment, are examined. Finally, the methodology for the reform of Islamic law proposed by an-Na'im is then evaluated, with due consideration given to the importance of hermeneutics and historical context. The value given to the difference between the Meccan and Medinan verses for the construction of a new understanding of the Qur'an within the framework of legal methodology is presented, as are the methodological tools that an-Na'im employs for modern legal reform.
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Van, Nguyen Thi Anh. "ECONOMIC LAW REFORM IN VIETNAM : BEFORE AND AFTER WTO ACCESSION." Center for Asian Legal Exchange (CALE), Nagoya University, 2009. http://hdl.handle.net/2237/20342.
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Child, John James. "Restructuring debate and reform in the criminal law : element analysis." Thesis, University of Birmingham, 2011. http://etheses.bham.ac.uk//id/eprint/1725/.
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This thesis explores the structure of the criminal law and, in particular, the structural device of element analysis. Building upon the classical actus reus/mens rea distinction, element analysis further sub-divides both parts of an offence into acts, circumstances and results. In doing so, element analysis offers advantages within the criminal law, both as a structure for legal discussion and analysis, and as a structure for law reform. In relation to the latter, recent reform of inchoate assisting and encouraging (as well as a range of Law Commission recommendations) has made use of element analysis to structure the reform of the general inchoate offences, requiring different levels of fault in relation to different offence elements. However, despite the increasingly important role played by element analysis, it remains a controversial device. Critics have exposed a lack of objectivity within the separation of elements, and an unacceptable level of complexity, particularly in relation to assisting and encouraging. Accepting much of their criticism, but rejecting the viability of the alternatives offered, this thesis therefore seeks to reinterpret and remodel element analysis in order to realise its potential
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Burdette, David Alan. "A framework for corporate insolvency law reform in South Africa." [Pretoria : s.n.], 2002. http://upetd.up.ac.za/thesis/available/etd-11192002-142456.
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Gareis, Sven Bernhard. "Eine unendliche Geschichte? : Die Reform der Hauptorgane der Vereinten Nationen." Universität Potsdam, 2011. http://opus.kobv.de/ubp/texte_eingeschraenkt_verlag/2012/6094/.
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Inhalt:
- Reform als permanenter und schwieriger Prozeß
- Der Reformgipfel 2005: Vorbereitung und Ergebnisse
- Treuhandrat, ECOSOC und Generalversammlung
- Das Sekretariat und die Managementreform
- Wieder vertagt: Die Reform des Sicherheitsrates
- Ausblick
- Literatur
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Mathabela, Edward Siyabonga. "Shareholder appraisal rights in Swaziland - suggestions for legislative reform." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/13356.
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Includes bibliographical references.As a general rule in company law, the business of the company is conducted based on the votes of the majority of shareholders in that company. In certain instances however, the majority might take decisions that are detrimental to the minority shareholders of the company and therefore it is imperative that any company legislation has significant protective measures for minority shareholders in place. This paper will discuss the concept of minority shareholder protection. This paper will do a comparative study between the shareholder appraisal regimes in the United States, Canada and South Africa. Since appraisal rights do not exist in Swaziland, a comparative study of minority shareholder protection in the United Kingdom will also be undertaken because Swaziland was colonised by the British and as such most of its law is rooted in English Law. It is from this lens that this paper will then examine minority shareholder protection in Swaziland. The research question addressed by this dissertation is two-fold. The first part of the question analyses the current measures in place for minority shareholder protection in Swaziland in comparison to measures that other jurisdictions have in place for the protection of minority shareholder rights. The second part looks at what the ideal shareholder appraisal rights law in Swaziland should contain in light of the current legislation as a means to make it more easily accessible to minority shareholders. The purpose of the dissertation is not to recommend a wholesome transplant of shareholder appraisal rights of either one of the jurisdictions under discussion, but to highlight the best practices of the jurisdictions and suggest a shareholder appraisal rights law that best suits the Swaziland business and economic environment.
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Joseph, Rosara. "The war prerogative : history, reform and constitutional design." Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:9b7c6ac7-6c0e-4a84-ac01-bd11732d0ef8.
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This thesis studies the evolution of the war prerogative in England from 1600-2010. It traces the historical theory and practice of the war prerogative and proposes reform of the constitutional arrangements for its exercise. It addresses three key questions. First, what have writers on political and constitutional theory said about the constitutional arrangements for the war prerogative, and, in particular, what justifications have been advanced for those arrangements? Secondly, in practice, has the executive in fact possessed sole and exclusive powers over war and the deployment of force, or have Parliament and the courts had a role to play in their exercise and scrutiny? Thirdly, are there better ways to organise our constitutional arrangements for the war prerogative, to enable a more substantive role for Parliament (particularly the House of Commons) in its exercise and scrutiny? On the first question, I show that orthodox theoretical and political discourses have continuously asserted the executive’s exclusive power over war, but the justifications advanced for that arrangement have changed over time. Those changes reflect the varying influence of different political theories at different times. On the second question, I find that, contrary to orthodox theoretical and political discourses, Parliament has played an active and substantive role in the exercise and scrutiny of the war prerogative. The courts have refused to intervene in the exercise of the war prerogative, but have been more ready to intervene in cases involving the exercise of powers incidental to the war prerogative. On the third question, I argue that reform of the constitutional arrangements for the war prerogative is necessary and desirable. I recommend the use of ‘institutional mechanisms’, which are small-scale rules and institutional arrangements, within existing institutions, which aim to promote certain normative goals. In particular, I propose a statute which would impose conditions on the executive’s exercise of its war prerogative. I argue that these proposals show that, through careful institutional design, democratic values, national security and operational efficiency can each be reconciled and promoted.
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Gordon, Robert Macaire. "Mental disorders, law, and state : a sociological analysis of the periods of reform in Canadian mental health law." Thesis, University of British Columbia, 1988. http://hdl.handle.net/2429/28791.
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A survey and analysis of Canadian statutes and cases affecting the management of the mentally disordered demonstrates that this area of law has experienced several periods of reform since 1900. In the early 1900's, legislation was characterized by 'limited legalism'. Governments subsequently eased, removed, and then re-imposed forms of judicial and quasi-judicial supervision over the activities of medical practitioners, and the periods of reform are referred to as 'medicalization', 'enhanced medicalization', and the 'new legalism'.
The law reforms are associated with changes in state strategies for the management of the mentally disordered, and the relationship between these reforms and changes, the state, structural conditions (e.g., shifts in economic policy), and human agency (e.g., the work of reformers) is explored through an analysis of the emergence of 'enhanced medicalization' in the 1950's/60's, and the rise of the 'new legalism' in the 1970's/80's. This includes a detailed case study of shifts in strategy and the process of law reform in the province of British Columbia. This component of the research involved an analysis of documentary and archival materials, and the structuralist theoretical trajectory within the neo-Marxist sociology of state and law is utilized to explain the changes.
Enhanced medicalization was an integral part of a strategy involving de-institutionalization, an abandonment of segregated confinement, and the use of community-based resources integrated with the health care component of a Keynesian, 'welfare state'. Institutions were seriously over-crowded, ineffective, expensive, and discredited, and the emergence of social assistance and other features of the welfare state enabled the development of alternatives. The conditions were favourable to the efforts of a group of reformers that was an auxiliary part of the state apparatus; namely, the Canadian Mental Health Association. The latter constructed a strategy and supporting legislation which advanced the interests of psychiatry and resolved the state's order maintenance and legitimation problems in a manner consistent with welfare state expansion.
Economic difficulties and changes which began to emerge in the 1970's created new problems for the state, and cost-stabilization and restraint measures were imposed throughout the politically sensitive health care field. The strategy for the management of the mentally disordered consequently shifted to, in particular, accelerated de-institutionalization aimed at hospital closure. In order to facilitate and legitimate the shift, the state has adopted reforms proposed by the patients' rights movement and, despite the objections of organized psychiatry, introduced legislation which limits the use of hospitals and erodes medical domination (i.e., the new legalism).
The contributions to the sociologies of social control, state and law are discussed and the convergence of these fields is identified. The implications for the neo-Marxist theoretical research programme are examined.Arts, Faculty of
Anthropology, Department of
Graduate
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Cabrillac, Rémy. "The new french law on contract." THĒMIS-Revista de Derecho, 2018. http://repositorio.pucp.edu.pe/index/handle/123456789/123873.
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The French Civil Code on contract law was not renewed since 1804, so law enforcement was questioned due to it was not adapted to the requirements in a globalized world, and the constant economic and socia lchanges. In this article, the author analyzes the implications of the reform of contract law in France, which was influenced by two drafts. This reform has two characteristic features, which are the economic and social needs. About the first point –the economic needs–, these are evident in the contractual organization and flexibility. On the second point –the social needs–, these are evident in the protection of the weaker party, and the application of the theory of improvidence. In this way, contract law adapts to the demands of the twenty-first century.El derecho de los contratos del Código Civil francés no fue renovado desde 1804, por lo que su aplicación fue cuestionada al no poder adaptarse a las exigencias características de un mundo globalizado y acediado por constantes cambios económicos y sociales.En el presente artículo, el autor analiza las implicancias de la reforma del derecho de los contratos en Francia, el cual fue influenciado por dos anteproyectos. Dicha reforma contiene dos rasgos característicos que se manifiestan en las necesidades económicas y sociales de los contratos. Respecto al primer rasgo, este se evidencia en la organización y flexibilidad contractual; mientras que el segundo, en la protección a la parte más debil y la aplicación de la teoría de la imprevisión. De esta forma, el derecho de los contratos se adapta a las exigencias del siglo XXI.
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Sharafeldin, Marwa. "Personal status law reform in Egypt : women's rights : NGOs navigating between Islamic law and human rights." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:9d389f66-f8f6-4c0a-8755-1f7d2186a1ba.
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This thesis explores the ways in which Islamic law and human rights interact within the work of women’s rights non-governmental organizations (NGOs) that advocate the reform of the Egyptian Personal Status Law (PSL) in the period between 2006 and 2010. The thesis shows the relevance of the human rights framework as well as the flexibility of Islamic legal discourse in the work of the NGOs. Drawing on both Islamic law and human rights enabled NGOs to develop a more gender-sensitive religious discourse, which supported their PSL reform demands. However the interaction between these two frameworks was largely affected by several important factors, which sometimes led NGOs to dilute some of their demands. These factors included the implications of the change in the form of Shari‘a as codified law under the modern nation-state; the Egyptian political context both internally and externally; the common local perception that human rights are a Western production and an extension of Western colonialism; the dominant religious but patriarchal discourse governing the PSL; the implications of activism through the NGO structure; and the personal religiosity of individual activists. The thesis explores NGOs’ PSL reform demands in depth bearing in mind these factors. It investigates NGOs’ discourse and shows its strengths and weaknesses. It shows that the interaction between Islamic law and human rights within NGOs’ work in this particular Egyptian context produced reform demands that were innovative and practically appealing on one hand, but epistemologically problematic in some instances, on another.
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Gondwe, Ruth Dinah. "Incomplete company law reform : the treasury shares question in South Africa." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15182.
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One of the paradoxes in company law is the phenomenon of treasury shares. Their complex nature coupled with the risks attached to their use has rendered them problematic and unnecessary in modern company law. Refuting arguments stated against the use of treasury shares, this paper aims to build a case for the introduction of treasury shares into South African company law. In order to achieve this, the paper will firstly examine the nature and complexity of treasury shares. Thereafter, it will discuss their importance in modern company law by highlighting their commercial value. A study of their incorporation into a few jurisdictions will also be discussed in an attempt to propose a manner in which South Africa can introduce treasury shares into its law. It is a suggestion of this contribution that the recent company law reform was a missed opportunity to adopt treasury shares. The adoption of treasury shares would have been an indication of a complete breakup from traditional straitjacket concept of capital maintenance. However, as they were not adopted when the new Companies Act 71 of 2008 this paper will propose, in conclusion, that treasury shares ought to be adopted.
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Rimon, Rahel. "Reform of Admiralty jurisdiction in the State of Israel." Thesis, University of Southampton, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.242417.
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Tadesse, Menberetshai. "Judicial reform in Ethiopia." Thesis, University of Birmingham, 2010. http://etheses.bham.ac.uk//id/eprint/1429/.
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The main theme of this thesis is judicial reform program in Ethiopia. It examines the three basic issues which are central to the administration of justice in Ethiopia, namely efficieny, access to justice as well as accountability and independence. In spite of the wider scope of the reform efforts in Ethiopia this thesis has, on purpose, focused on these concepts not only because they are in many respects interrelated but also because they account for a bigger part of the problems that are faced by the justice system in the country.
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Alalshaikh, Alwalid. "The 2012 arbitration reform in the Kingdom of Saudi Arabia : an examination of the 2012 arbitration law reform." Thesis, University of Kent, 2017. https://kar.kent.ac.uk/61055/.
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The Kingdom of Saudi Arabia is an absolute monarchy in which both Islam and cultural traditions influence every sphere of human activity in the country, including legal and law reform. This thesis is concerned with arbitration law reform in the country, with a special focus on the process of the new 2012 arbitration law reform and the internal and external factors which have affected this process. In the last few years, law reform in the country was mainly derived from the desire to escape the nature of its rentier economy and its heavy reliance on oil to diversify the sources of its income, with a special focus on attracting foreign direct investments. As a result, much of law reform occurred for the purpose of providing a friendly and secure investment environment in the Kingdom. The main focus of this thesis is therefore, to examine the process of arbitration law making , which in this case has taken almost 30 years to the completion of the new 2012 Arbitration Law which has replaced the old 1983 arbitration law. This examination of arbitration reform adopts two main approaches: first, a political economy approach which examines the impact of the nature of the rentier economy on law reform in the country and, second, a socio-legal-political approach which examine the impact of the ruling regime, religion and society on the process of the arbitration reform process. The thesis approaches the issue of arbitration reform in the Kingdom by looking at certain specific issues. The thesis thus, explores the nature of the constitutional regime and commercial laws of the country in an attempt to understand the country under investigation; the thesis moves on to examine the position of the Kingdom towards arbitration as a mean of solving disputes. The thesis examines the process of law making in the Kingdom, and separate chapters examine the impact of economic and social factors on law reform in the country. The contents of the new arbitral legislation are evaluated in light of international commercial arbitration law. The final chapters illustrate the observations and the findings of the thesis. The thesis finds that the delays in terms of arbitration law reform can be explained by two main factors; one is the historical experience factor (1958 Saudi Arabia v. Arabian American Oil Co.), the and second is the socio-legal factor (the conservative traditionalists' position), which have each played a role in the 30-year delay in Saudi arbitration reform.
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Sherman, Lauren. "Eco-Labeling: An Argument for Regulation and Reform." Scholarship @ Claremont, 2012. http://scholarship.claremont.edu/pomona_theses/49.
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This thesis analyzes the strengths and weaknesses of various types of eco-labels, focusing primarily on differences between mandatory and voluntary eco-labeling programs. I argue that many of the problems with eco-labeling could be addressed by improving regulations. The current regulation of eco-labeling in the United States is discussed, especially the shortcomings of the FTC’s Green Guides. I recommend creating enforceable national legislation to regulate environmental claims that includes involvement of key stakeholders, a list of acceptable environmental claims, enforceable national definitions of environmental terms, an avenue for manufacturers and consumers to challenge environmental claims, consumer education, and periodic review and revision.
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Pandya, Shree. "Diagnosing the Determinants of Tort Reform." Scholarship @ Claremont, 2014. http://scholarship.claremont.edu/cmc_theses/946.
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The United States has faced a number of medical malpractice crises over the past four decades. In response to these crises, state legislatures have enacted a variety of tort reforms of varying strength. This paper seeks to explore the determinants of such reforms. This study uses a dataset composed of state tort reforms, indicators of political partisanship, healthcare campaign finance contributions, malpractice payments, and malpractice lawsuits. This paper finds that political partisanship is a key determinant of the relative strength of reforms, with Republicans likely to pass hard reforms of economic significance and Democrats likely to pass soft reforms with little impact.
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Headley, Beth Ann. "Feminist theories of autonomy and their implications for rape law reform." CONNECT TO THIS TITLE ONLINE, 2007. http://etd.lib.umt.edu/theses/available/etd-04092007-143444/.
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Hosen, Nadirsyah. "Reform of Indonesian law in the post-Soeharto era (1998-1999)." Access electronically, 2003. http://www.library.uow.edu.au/adt-NWU/public/adt-NWU20050311.135440/index.html.
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