Dissertations / Theses on the topic 'Section of Family Law'
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Flach, Carl Joseph. "Common error and Canon 1111 [section] 1." Online full text .pdf document, available to Fuller patrons only, 2000. http://www.tren.com.
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Fainer, Andrew. "Social assistance, equality, and section 15 of the Charter." Thesis, University of Ottawa (Canada), 1993. http://hdl.handle.net/10393/6483.
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Prior to 1982 the Parliament of Canada and the legislatures of the provinces were the sovereign powers within their respective constitutional areas of legislative jurisdiction. In 1982, with the passage by the British Parliament of the Canada Act 1982, the Canadian Charter of Rights and Freedoms (hereinafter referred to as the "Charter") became part of the "supreme law of Canada". This thesis is composed of three distinct parts. The first part provides an overview of the Ontario social assistance system in its current state of transition. The second part consists of a response to the essential question of equality: what is the worth of a human being? A response to this question is sought within the framework of Western traditions. Based mostly upon a review of the literature and an analysis of the section 15 jurisprudence of the Supreme Court of Canada the third part consists of an evaluation of the likelihood of the courts interpreting section 15 of the Charter with regard to cases involving the social assistance system in a manner that is consistent with the conception of human worth and dignity developed in the first two parts of the thesis. It is proposed that the idea of equality requires a social assistance system to recognize the satisfaction of need which is outside the control of the individual, with need being understood to comprise the element of social participation, to be its goal and guiding principle. The underlying basis to this proposition is that equality is essentially a demand upon the human capacity to empathize. (Abstract shortened by UMI.)
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Massaga, Salome. "The general anti-avoidance section: a comparative analysis of Section 80a of the South African Tncome Tax Act no. 58 of 1962 and Section 35 of the Tanzanian Income Tax Act no. 11 of 2004." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15177.
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The study will be based on a comparative analysis of the general antiavoidance section of the South African Income Tax Act no. 58 of 1962 and the Tanzanian Income Tax Act no. 11 of 2004. The focus is on how the two provisions are interpreted by showing the similarities and differences. The approach will be analytical and comparative, starting by showing the concept of tax avoidance and historical backgrounds of the two provisions.
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Nolette, Mark Peter. "Who are the "baptized" of canon 1055 [section] 2?" Theological Research Exchange Network (TREN), 1991. http://www.tren.com.
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Degoldi, Brett Raymond. "Lawyers' experiences of collaborative family law." Thesis, University of British Columbia, 2007. http://hdl.handle.net/2429/32367.
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Collaborative family law recently emerged as a method of dispute resolution where the
parties and their lawyers agree to finalize all matters through negotiations only, without
going to court. This thesis includes a history and literature review of collaborative family
law, drawing comparisons to mediation or litigation. It raises questions about the
capacity of collaborative family law to deal with disputes involving power imbalance or
spousal abuse.
Interviews with twenty Vancouver collaborative family lawyers were conducted to
inquire into their practical experiences and whether a paradigm shift in dispute resolution
has occurred, as is claimed in some of the literature. The results suggest that
collaborative family law in Vancouver is part of a spectrum of dispute resolution
mechanisms including litigation, lawyer-assisted negotiation, mediation, and arbitration.
Lawyers perceived key elements of the process to include agreement amongst clients and
lawyers not to go to court, signing of a participation agreement including a lawyer
withdrawal clause, trust between clients, trust among lawyers, trust between lawyers and
clients, and four-way meetings. Collaborative negotiation is distinguished by the
heightened levels of trust between lawyers, clients, and lawyer-clients, as well as an
extension of the role of advocacy to include broader notions of fairness, openness and
disclosure. In instances where one or both parties are unwilling, or unable, to participate
honestly and respectfully in the process then those parties should be screened out. The collaborative process is being used in practice where high conflict, power
imbalances, or spousal abuse exist. Participants highlighted the need for practitioners to
be trained to recognize power imbalances and utilize power balancing techniques, or
screen clients out of the process. In cases involving spousal abuse, some participants
highlighted the need to be specifically trained and experienced in recognizing spousal
abuse, but also to include other professionals, such as divorce coaches, to support clients.
Others suggested screening abused clients out of the process. Given the private nature of
collaborative negotiations, and the risk of abuse and misuse of process, it is important
that ethical and professional standards be developed and monitored.Law, Peter A. Allard School of
Graduate
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Mugisha, Julius P. K. "Recognition of common-law spousal relationships in Canadian family law." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80943.
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Common-law spousal relationships have become increasingly common with a growing number of Canadians electing to enter into them. This thesis appreciates the injustices suffered by common-law spouses during and at the termination of their spousal relationships, and reinforces the view that the denial of marital property benefits dishonors the dignity of common-law spouses. Common-law spouses experience similar needs as their married counterparts when the relationship ends. Most of the current functions of marriage can be fulfilled within common-law spousal relationships and should more appropriately be called functions of the family.Both Canadian courts and the legislatures have acknowledged and responded to the injustices that often flow from power imbalances in unmarried persons' families and have thereby given increased recognition to common-law spousal relationships. They have taken stock of the fact that by not recognizing the rights of common-law spouses in Canada on the basis of their marital status is an affront to justice. Legislatures have also enacted various statutes and have amended existing ones to extend certain rights to common-law spouses.
The various ways in which the rights of common-law spouses have been recognized in Canada will be examined and discussed, in particular the remedial notion of constructive trust which is imposed by courts to prevent injustice and unjust enrichment. It is argued this notion of constructive trust has proven effective, especially in cases where property is being divided after a long-term intimate relationship. Common-law spouses have advanced constitutional challenges in their quest to benefit from marital benefits and protections in their relationships since it is argued that both relationships are functionally the same.
Finally, this thesis suggests lessons that can be learned from the Canadian developments of recognizing common-law spouses. It also concludes by examining similar developments that have taken place in other countries of Europe and Africa.
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Collier, Richard Stanley. "Family, law and gender : a study of masculinity and law." Thesis, University of Leicester, 1990. http://hdl.handle.net/2381/34905.
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This thesis is an attempt to explore the construction of masculinity in a variety of areas of law pertaining to the family. It attempts to integrate recent theoretical developments within the legal sub-discipline family law, in particular in relation to feminist theory and critiques of doctrinalism, with a social theory of gender and scholarship which foregrounds the social construction of masculinity. Chapters 1-5 are concerned to analyse and overview approaches to theorising law, gender and the family, and to present a theoretical base from which to begin to examine the relationships between legal discourse, power and sexuality in Chapter 6 - 9, They seek to define and analyse concepts and themes within the sociologies of law, gender and the family, concluding with an assessment of the implications of a theory of law as a social discourse and of 'familialist' approaches to law and the family for the study of masculinity and power. Chapters 4 and 5 are explicitly concerned with theorising masculinity, drawing out the themes, issues and implications for legal scholarship of developing a perspective from which analysis of the construction of masculinity in legal discourse may take place. Informed by the theoretical developments in Chapters 1 - 5, Chapter 6 - 9 examine the legal construction of sex and gender in relation to the formation and annulment of marriage, focusing on transsexualism and the non-consummation of marriage. Conclusions relate (a) to the construction of marriage and sexuality in legal discourse, and (b) generally, to the theorising and study of masculinity, law and the family. The thesis brings together a number of themes within the study of law and the family to present, I hope, an original and challenging analysis of a neglected and important dimension to the study of law and gender.
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Ghelli, Cristina. "Analisi e traduzione di "The family law" di Benjamin Law." Master's thesis, Alma Mater Studiorum - Università di Bologna, 2015. http://amslaurea.unibo.it/8148/.
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The aim of this dissertation is to propose a translation from English into Italian of The Family Law, an autobiographical novel written by Benjamin Law, an Australian author of Cantonese origins. The present dissertation is divided into four chapters. The first chapter presents the author of the book, by providing his biography; in addition, the chapter contains an overview of the Australia immigration problem, which is an important issue in the book due to the fact that the author’s parents had moved from Hong Kong to Caloundra, Australia. The second chapter presents the book The Family Law, by focusing on its main themes and by paying special attention to the description of the characters; furthermore, it analyses the plot of the chapters which I decided to translate, and provides a selection of Italian publishers which might be interested in publishing the book. The third chapter consists of my translation of the chapters I selected. The final chapter analyses the strategies I adopted while translating and examines some of the problematic issues that I encountered during the translation process, in particular at the level of morphosyntax, lexicon, cultural references, and style.
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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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Garrett, Scott J. "Implementation of Canon 1112 [section] 1 to the Archdiocese of Anchorage." Theological Research Exchange Network (TREN), 2006. http://www.tren.com/search.cfm?p029-0679.
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McRae, Lajeunesse Virginia. "Section 7 of the Charter and administrative procedures: A renewed demand for uniformity?" Thesis, University of Ottawa (Canada), 1991. http://hdl.handle.net/10393/7484.
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Drummond, Susan G. (Susan Gay) 1959. "Legal itineraries through Spanish Gitano family law : a comparative law ethnography." Thesis, McGill University, 2001. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=38447.
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In the context of globalization, the idea of place is reputed to be losing its footing. This thesis explores the implications of these developments with respect to the way that place is constructed in law by focusing on tensions between the concept of jurisdiction and the ways that the contexts of law overspill it, threatening to engulf comparative analysis. Central to the idea that jurisdiction is losing its familiar moorings is the implication that other forms of thinking about legal normativity are emerging as more commonsensical alternatives to the state-based idea of jurisdiction that emerged in the eighteenth and nineteenth centuries. The thesis explores this hypothesis by bringing elements of the discipline of comparative law (conventionally state based) into play with elements of the discipline of legal anthropology (conventionally culture based). The focus for this theoretical intrigue is an Gitano population in the South of Spain that served as the fieldwork locale for seven months of ethnographic fieldwork carried out in 1995. Investigations are centered on the theme of family law. Familiar notions of state and culture, and the legal sensibilities associated with each, are examined through exploring the interplay between local expressions of Gitanitude in Jerez de la Frontera and regional, national, international, and global forces that structure legal sensibilities in the area. The first chapter explores the interplay by focusing on the context surrounding Spain's reforms to family law in the 1980s. The familiar frontiers of the state are prodded through this analysis. The second chapter then explores the frontiers of culture through an examination of a variety of expressions of Gitanitude in Spain. The third chapter brings modified versions of state and culture together in a reconceptualisation of family law. As a whole, the thesis suggests a new way of approaching the problematic relationship between context and the disciplines of comparative law an
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Wilson, Douglas. "ROP instructors' perceptions of California Education Code section 44910." CSUSB ScholarWorks, 1994. https://scholarworks.lib.csusb.edu/etd-project/965.
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Doble, Vanessa. "Do the provisions of section 3(7)(a)(ii) read with section 3(7)(b)(i) of the Admiralty Jurisdiction Regulation Act 105 of 1983 infringe the substantive requirements of section 25(1) of the Constitution of the Republic of South Africa Act 108 of 1996?" Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15160.
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In this dissertation, the issue that is considered is whether or not the provisions of section 3(7)(a)(ii) read with section 3(7)(b)(i) of the Admiralty Jurisdiction Regulation Act 105 of 1983 ('the Act') constitute an arbitrary deprivation of a minority shareholder's property because they permit the deprivation of minority shareholder's property interests purely on the basis of common control by the majority shareholder.
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Huehlefeld, Matthew Henry. "Canon 237 [section] 1 the seminary as canonical institute /." Theological Research Exchange Network (TREN), 2006. http://www.tren.com/search.cfm?p029-0677.
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Parkinson, Patrick Newport. "Family Law and the Indissolubility of Parenthood." Thesis, The University of Sydney, 2018. http://hdl.handle.net/2123/18618.
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Pike, Adam. "A textual analysis of section 164 of the Companies Act 71 of 2008." Master's thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/6048.
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Rune, Mawethu Siyabulela. "Application of Section 189 and Section 189A of the Labour Relations Act 66 of 1995 as amended." Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1281.
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Economies worldwide have become more integrated and competitive due to the phenomenon of globalisation and its antecedents, which are improved technological communication, the use of technology in production, ever improving management of skills as well as standards of education. Amongst the consequences have been changing demands and rising expectations in terms of employee remuneration, job security and conditions of work. This has at the same time been accompanied by employers expecting greater profit. Against this backdrop, this treatise seeks to interrogate and to explain the processes that should constitute fair, rational and justifiable employee dismissal for operational purposes. This is done bearing in mind the global economic crisis and its impact on employees. The treatise constitutes an attempt to carve a cushioning mechanism for employees in the midst of the global economic storm. We consider the inadequacies of common law principles. We also submit that section 189 in its present form and its application by courts do not provide for substantive fairness interrogation when dealing with dismissal for operational reasons. We explore the legislative framework, interpretation by leading academics as well as applications by courts of section 189A, which prescribes that if dismissal is based on operational reasons, consideration must not only be based on substantive and procedural fairness but also that proper consideration of alternatives must have been explored before dismissal is effected.
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Doughty, Julie. "The functions of family courts." Thesis, Cardiff University, 2011. http://orca.cf.ac.uk/18865/.
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The functions of family courts in England and Wales in making decisions about children are identified as processing disputes and protecting vulnerable individuals, with latent functions of applying and influencing social policy. The thesis explores why family courts have been singled out for particular criticism in undertaking these functions. Two issues are examined: complaints that family court proceedings are held in secret and that a court is not the appropriate place for resolving disputes about children. The methods used are historical analysis, a comparison with courts in Australia, and applying the theories of Habermas. According to Habermas, when systems are maintained for their own sake without being anchored in people's values and needs, or operate without rational discourse, institutions can lose their legitimacy. The historical analysis shows that as social policy developed over the past 60 years, court structures were trapped in a dual jurisdiction which made it difficult to adapt to changing expectations. Since the 1970s, there have been calls for a unified family court to better meet families‘ requirements. However, a comparison with such a court, the Family Court of Australia, reveals another set of dualities which undermine its legitimacy. The claim that family courts do not function effectively because they are closed and secret is examined. The law is set out in the context of concepts of secrecy, privacy, openness and transparency. It is argued that children have a particular right to privacy which is marginalised in the current debate, and that a recent consultation process undertaken to reform the law on media access to court proceedings was not undertaken in a transparent manner. Attempts to introduce alternative dispute resolution and remove disputes about child care and upbringing to mediation and other non-legal alternatives are also shown as likely to fail unless formulated through rational discourse.
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Steffen, Kenneth Charles. "The family in the Code of canon law." Theological Research Exchange Network (TREN), 1996. http://www.tren.com.
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Behounek, Elaina. "Mediated Relationships: An Ethnography of Family Law Mediation." Scholar Commons, 2015. http://scholarcommons.usf.edu/etd/5909.
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In my dissertation, I use multi-ethnographic methods to examine how mediators talk about, manage, and process families going through divorce. I show how a dominant narrative about marriage and the cultural expectations of parenthood provide a framework for mediators to manage the discourse of divorcing parties so assets and care giving can be split 50/50. The dominant P.E.A.C.E. narrative (P=parenting plan, E=equitable distribution, A=alimony, C=child support, E=everything else) restricts available discourse in mediation and guides mediators’ behaviors in ways that homogenize families by providing a linear formula for mediators to follow which results in only certain stories being allowed to enter the mediation. Next, I show how constructions about power and violence serve to frame and shape understandings of divorce for mediators, thereby guiding their actions in mediation and discursively impacting the discourses of mediated parties. Power and violence are constructed in ways that conflate the concepts, and no clear protocol is offered to manage these complicated concerns for family law mediators. The outcome is mediators report being unsure and often fearful about mediating cases where intimate partner violence is a concern. Finally, an analytic autoethnographic examination of family law mediation provides an example of the power of ideology and makes clear my positionality within this dissertation. I explore my own identity as a white, heterosexual, female, in a world ripe with expectations about marriage and family creation as I encounter alternative messages and information in my fieldwork. Throughout my dissertation, I uncover larger cultural narratives about marriage, and families that guide and manage people, illustrating the ways identities, stories of violence, and the ideology of marriage are shaped.
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Berger, Maurits Servaas. "Sharia and public policy in Egyptian family law." [S.l. : Amsterdam : s.n.] ; Universiteit van Amsterdam [Host], 2005. http://dare.uva.nl/document/89007.
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Hjerrild, Bodil. "Studies in Zoroastrian family law : a comparative analysis /." Copenhagen : Museum Tusculanum Press, 2003. http://www.gbv.de/dms/spk/sbb/recht/toc/362635250.pdf.
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Toner, Helen. "Modernising partnership rights in EC family reunification law." Thesis, University of Oxford, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.273444.
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Douglas, Gillian. "The relationship between family law and social change." Thesis, Cardiff University, 2011. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.675676.
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Schuster, Alexander. "Gender-neutral family institutions from metalaw to law." Université Robert Schuman (Strasbourg) (1971-2008), 2006. http://www.theses.fr/2006STR30011.
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La reconnaissance des unions hors mariage, l'ouverture du mariage et la redéfinition en général de la famille qui se sont produits à la fin du XX siècle et au début du XXI déstabilisent la transposition juridique des systèmes de valeurs hétéronormatifs. La recherche aborde l'impact de l'orientation sexuelle sur les institutions familiales sous un angle de théorie du droit. Elle consiste d'abord dans une appréhension postmoderniste de la diversité, puis retrace l'évolution historique des unions homosexuels et du mariage. Ensuite, la clarification des éléments constitutifs et l'analyse économique des revendications de reconnaissance juridique des unions de même sexe introduisent les termes du débat contemporain. La recherche propose enfin l'idée de l'Etat eudémoniste négatif comme arrière-plan des modes de reconnaissance, et analyse le droit international et constitutionnel dans la perspective d'un large glissement paradigmatique en faveur d'institutions familiales indifférentes au sexeThe recognition of unmarried unions, the opening up of marriage, and the redefinition of family overall that have occurred in the late XX and earlier XXI century challenge the legal transposition of heteronormative value systems. The research tackles the reforms towards gender-neutral institutions under the perspective of legal theory. The issue is firstly situated in a postmodernist consideration of diversity and in the historic evolution of same-sex unions and marriage. Then, the legal clarification of the constituent elements of the claim for legal recognition and the economic analysis of same-sex couples outline the characteristics of contemporary debate. The research conclusively suggests the idea of the negative eudaemonistic State as the background of the paths towards recognition and surveys international and constitutional law in the light of a board paradigm shift in favour of gender-neutral family institutions
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Dotson, Brandon. "Administration and law in the Tibetan Empire : the Section on Law and State and its Old Tibetan antecedents." Thesis, University of Oxford, 2007. http://ora.ox.ac.uk/objects/uuid:7b9a8728-595f-43f7-af32-dd41a8541a1a.
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The present study consists of a full translation and analysis of the three main versions of the Section on Law and State, a chapter on Tibetan imperial law and administration found in the mid-16th century Mkhas pa'i dga' ston by Dpa'-bo Gtsuglag Phreng-ba, and in the Rgya bod kyi chos 'byung rgyas pa of Mkhas-pa Lde'u and the Chos 'byung chen po bstan pa'i rgyal mtshan of Lde'u Jo-sras, which both date to the mid to late-13th century. While the post-dynastic Tibetan historical tradition attributes this entire body of legal and administrative reforms to Emperor Srong-btsan Sgam-po (c.605-649), the individual legal and administrative catalogues contained in the Section on Law and State, when subjected to close analysis, can be dated to several different periods. The principal aim of this analysis is to underline the early Tibetan antecedents for the catalogues contained in the Section on Law and State. By relating the catalogues of the Section on Law and State to Old Tibetan sources, this analysis describes in detail the legal and administrative practices of the Tibetan Empire (c.600-c.850). Among the topics covered by this analysis are historical geography and the 'nationalisation' of clan territory, social stratification, technological innovation and legal culture. The Section on Law and State is not limited solely to law and administration, however, and also offers insights regarding cultural institutions such as religious practices and Tibetan funerary culture. Taken together, the scattered and fragmentary catalogues that make up the Section on Law and State, many of which ultimately derive from manuals and official records from the imperial period, constitute a rare juridical corpus of the Tibetan Empire. As such, it furnishes important and detailed information about the legal and administrative culture of the Tibetan Empire, and constitutes a fundamental source for Tibetan social history. The preservation of such documents within Tibet's postdynastic religious histories underlines the persistence of Tibetan political theory, according to which divine rulers, Buddhist or otherwise, must govern according to the just traditions of their forebears.
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Adelman, Ian. "Income splitting among family members : the attribution rules." Thesis, McGill University, 1986. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=60524.
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This thesis is a study of certain means available to taxpayers who wish to split their income with other members of their family and thereby reduce their taxes. There are essentially four sections to the study: (a) a description of the Canadian system of taxation of the family and the reasons why the Income Tax Act treats each individual as a separate unit for income tax purposes as opposed to recognizing the family unit itself as the basis for taxation; (b) an analysis of the tax consequences of loans and transfers of property between spouses; (c) an analysis of the tax consequences of loans and transfers of property to children under the age of 18 years; and (d) an analysis of the concept of indirect payments. The principal conclusion of the study is that the means available to split income among family members are limited, especially in view of the recent amendments to the Income Tax Act to gradually eliminate the "family loan" method of splitting income.
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Mwape, Bibiana Mwansa. "An analysis of section 86(10) of the National Credit Act no. 32 of 2005." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15193.
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The financial sector in general is a difficult industry to regulate, as there is a need to balance the competing interests of the various stakeholders. Tampering with the cornerstone of the capitalist system naturally arouses diverging views and is often the subject of many debates as is evidenced by the debates surrounding the National Credit Act ('NCA'). Nonetheless, its regulation can be a weapon to fight against poverty and inequality as evidenced by the purposes of the NCA. The object of this research is to analyse the law on debt review, focusing on the credit provider's right contained in s 86(10) of the NCA to terminate the debt review process.
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Howman, Robert John. "Section 504(E) and higher education: An historical case study of federal policy development." W&M ScholarWorks, 1994. https://scholarworks.wm.edu/etd/1539618701.
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This research project investigates the processes by which federal policy pertaining to the the American higher education system evolves through an historical case study analysis of the development and implementation of section 504(E) of Public Law 93-112. Also examined is the statute's impact on postsecondary education in prohibiting discrimination on the basis of handicap.;Section 504(E) was developed and shaped by the actions of the federal courts, Congress, and various federal agencies. Policy development was also stimulated by interest group politics, public opinion, the influence of political elites, and the calendar of national politics. Although the actual impact of this statute is difficult to determine, the data presented indicates that most campuses have made at least some effort to comply. Full access and accommodation, however, are yet to be realized nationally.;This investigation contributes original research to the limited number of studies addressing the legal and policy issues concerning postsecondary education and students with disabilities. Additional research is needed to determine institutional costs for section 504(E) compliance, factors other than section 504(E) that contribute to the increased enrollment of disabled students, actual compliance with section 504(E) requirements, and the impact of the threat of federal fund withdrawal as a sanction for noncompliance.
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DUTRA, DEO CAMPOS. "ENFORCEMENT OF HUMAN RIGHTS THROUGH PRIVATE INTERNATIONAL LAW: THE HAGUE CONVENTIONS ON FAMILY MAINTENANCE AS EXPRESSION OF CONTEMPORARY INTERNATIONAL FAMILY LAW." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2010. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=35051@1.
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PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIROO Direito Internacional Privado, tendo como eixo axiológico o homem, é um dos mais importantes instrumentos da ciência jurídica no reconhecimento e preservação da dignidade e dos direitos humanos. Em se tratando de família, essa propriedade vem sendo notada no decorrer de sua história, fornecendo ao homem a oportunidade de ter sua dignidade respeitada das mais diversas formas. A uniformização e a codificação do Direito Internacional Privado, através da composição de grandes ambientes de debates e negociação, como a Convenção Permanente da Haia, possibilitam o respeito às diferenças culturais e sociais. Consequentemente, no momento da construção da melhor lei a ser aplicada ou até mesmo da lei material adotada pela Convenção, constrói-se um conjunto normativo sólido e legítimo que fornece ao indivíduo sua promoção.
The Private international law, having as the axiological axis the man, is one of the most important tools of legal science in the recognition and preservation of dignity and human rights. When it comes to family, this property has been recognized in the course of its history, giving the man the opportunity to have their dignity respected in many different ways. The standardization and codification of Private International Law, through the composition of large spaces of debate and negotiation, as the Permanent Convention Hague, allow respect for cultural and social differences. Consequently, during the construction of the best law to be applied or even the substantive law adopted by the Convention, it s built a solid and legitimate set of rules that provides promotion to the individual.
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Nginase, Xolisa Human. "The meaning of public purpose and public interest in Section 25 of the Constitution." Thesis, Stellenbosch : University of Stellenbosch, 2009. http://hdl.handle.net/10019.1/2289.
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Thesis (LLM (Mercantile Law))--University of Stellenbosch, 2009.ENGLISH ABSTRACT: This thesis discusses the meaning of public purpose and public interest in s 25 of the Final Constitution. The main question that is asked is: how does ‘public purpose’ differ from ‘public interest’, and what impact did the Final Constitution have on the interpretation and application of the public purpose requirement in expropriation law in South Africa? This question is investigated by looking at how the courts have dealt with the public purpose requirement, both before and during the first years of the constitutional era in South African law, and also with reference to foreign law. The thesis shows that the position has not changed that much yet because the interpretation of this requirement has not received much attention in constitutional case law. The main focus is to show that the reason for the interpretation problems surrounding this requirement is the apparent conflict between the formulation of the public purpose requirement in the Final Constitution and in the current Expropriation Act of 1975. It is pointed out that the efforts that were made to resolve the problem failed because the Expropriation Bill 2008 was withdrawn. Consequently, it is still unclear how the public purpose requirement has been changed by s 25(2) of the Constitution, which authorises expropriation for a public purpose or in the public interest. This apparent lack of clarity is discussed and analysed with specific reference to the different types of third party transfers that are possible in expropriation law. Comparative case law from Australia, Germany, the United Kingdom, the United States of America and the European Convention on Human Rights is considered to show how other jurisdictions deal with the public purpose requirement in their own constitutions or expropriation legislation, with particular emphasis on how they solve problems surrounding third party transfers. In the final chapter it is proposed that the Expropriation Bill should be reintroduced to bring the formulation of the public purpose requirement in the Act in line with s 25(2) and that expropriation for transfer to third parties could be in order if it serves a legitimate public purpose or the public interest (e g because the third party provides a public utility or for land reform), but that expropriation for economic development should be reviewed strictly to ensure that it serves a more direct and clear public interest than just stimulating the economy or creating jobs.
AFRIKAANS OPSOMMING: Hierdie tesis bespreek die betekenis van openbare doel en openbare belang in a 25 van die Finale Grondwet. Die belangrikste vraag is: hoe verskil ‘openbare doel’ van ‘openbare belang’, en watter impak het die Finale Grondwet op die interpretasie en toepassing van die openbare doel-vereiste in die Suid-Afrikaanse onteieningsreg gehad? Die vraag word ondersoek met verwysing na die howe se hantering van die openbare doel-vereiste voor en gedurende die eerste jare van die nuwe grondwetlike bedeling, asook met verwysing na buitelandse reg. Die tesis toon aan dat die posisie nog min verander het omdat die interpretasie van die vereiste in die grondwetlike regspraak nog nie veel aandag gekry het nie. Daar word aangetoon dat interpretasieprobleme rondom hierdie vereiste ontstaan as gevolg van die oënskynlike teenstrydigheid tussen die formulering van die openbare doel-vereiste in die Finale Grondwet en in die huidige Onteieningswet van 1975. Daar word geargumenteer dat pogings om die probleem op te los gefaal het omdat die Onteieningswetsontwerp 2008 teruggetrek is. Dit is daarom steeds onduidelik hoe die openbare doel-vereiste deur a 25(2) van die Grondwet, wat onteiening vir ‘n openbare doel of in die openbare belang toelaat, verander is. Hierdie oënskynlike gebrek aan sekerheid word bespreek met verwysing na die verskillende gevalle waarin eiendom onteien en dan aan derde partye oorgedra word. Regsvergelykende regspraak van Australië, Duitsland, die Verenigde Koninkryk, die Verenigde State van Amerika en die Europese Konvensie op Mensregte word oorweeg om te wys hoe ander regstelsels die openbare doel-vereiste in hulle grondwette of onteieningswetgewing interpreteer, spesifiek ten aansien van die oordrag van eiendom aan derde partye. In die laaste hoofstuk word aan die hand gedoen dat die Onteieningswetsontwerp weer ter tafel geneem moet word om die bewoording van die openbare doel-vereiste in die Onteieningswet in ooreenstemming met a 25(2) te bring. Daar word ook aan die hand gedoen dat onteiening vir oordrag aan derde partye in orde kan wees as dit ‘n geldige openbare doel of die openbare belang dien (bv omdat die derde party ‘n openbare diens lewer of in belang van grondhervorming), maar dat onteiening vir ekonomiese ontwikkeling streng hersien moet word om te verseker dat dit ‘n meer direkte en duidelike openbare belang dien as bloot om die ekonomie te stimuleer of om werk te skep.
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Brown, Alan. "What is the family of the law? : the influence of the nuclear family model." Thesis, University of Strathclyde, 2016. http://digitool.lib.strath.ac.uk:80/R/?func=dbin-jump-full&object_id=27855.
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This thesis argues that the legal understanding of ‘family’ is underpinned by a particular idealised image of the family; the ‘nuclear family’,comprising the nexus of the conjugal relationship and the ‘parent/child’relationship. I contend that this model of family is premised upon the traditional, distinct, gendered roles of ‘father as breadwinner’ and ‘mother as homemaker’, which in turn are associated with the historical, liberal understanding of the ‘public/private’ divide and the orthodox construction of the legal subject as rational, autonomous and self-interested. Theinfluence of the nuclear familyis notedin several different contexts: various specific legal definitions of ‘family’, the legal regulation of adult, conjugal relationships, the attribution of legal parenthood and the construction of the role of the ‘parent’ within the law. This examination of the law’s model of the‘family’has been prompted by the substantial reforms undertaken in family law in recent decades and the significant evolution in both social attitudes and familial practices that has occurred in parallel over that time. Ultimately, this thesis concludes that while these reforms have resulted in additional categories of relationship coming to be situated within the nuclear family model (notably unmarried cohabitants and same-sex couples), there has not, as yet, been any fundamental alteration of the underpinning concept of the nuclear family itself.
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Richter, David T. "Foundational requirements in canon 397 [section] 1 regarding the pastoral visitation of a bishop in his diocese." Theological Research Exchange Network (TREN) Access this title online, 2005. http://www.tren.com.
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Anderson, Whitney Allison. "“You’re Not Part of the Family”: Understanding the Turning Points and Family System Consequences of High Conflict Mother-/Daughter-in-Law Relationships." Diss., North Dakota State University, 2016. http://hdl.handle.net/10365/25667.
Full textAbstract:
Popular culture representations of in-law relationships are frequently negative, and research has affirmed the communication difficulties associated with these non-kin, nonvoluntary relationships. Mother-in-law/daughter-in-law (MIL/DIL) relationships face unique challenges, as these women compete for the position of “kinkeeper,” or the person who manages relationships throughout the family. When MIL/DIL relationships are characterized by conflict and negative feelings toward one another, the family system suffers. To better understand the implications of “high conflict” MIL/DIL relationships on entire families, 27 DILs were interviewed about the turning points they had experienced with their MILs and the repercussions of the MIL/DIL relationship throughout the family system. Nine turning point categories emerged inductively from the data, along with several consequences for relationships throughout the family system, including DIL/husband, MIL/grandchildren, and husband/mother. Findings indicate high conflict MIL/DIL relationships do not just lead to negative outcomes for the two women involved, but also for other members across the family system.
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Ringelevičienė, Violeta. "Šeimos teisės socialinis veiksmingumas." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2006. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2007~D_20061228_203302-68080.
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Šio darbo tikslas – remiantis mokslinės literatūros, teisės aktų ir teismų praktikos analize atskleisti šeimos santykių teisinio reguliavimo socialinį veiksmingumą. Darbą sudaro trys dalys. Pirma dalis – Šeimos teisės socialinio veiksmingumo samprata. Joje išanalizuota mokslinė literatūra, siekiant atskleisti šeimos, šeimos teisės ir socialinio veiksmingumo sampratas. Antra dalis – Šeimos santykių teisinis reglamentavimas. Atlikta Lietuvos ir tarptautinių teisės aktų, reglamentuojančių santuokos sudarymo ir nutraukimo, asmeninius ir turtinius sutuoktinių bei asmeninius ir turtinius tėvų ir vaikų santykius, analizė. Trečioje dalyje – Šeimos teisės įgyvendinimo socialinės ir teisinės problemos - išanalizuoti teismų praktikos, Statistikos departamento ir Centrinės hipotekos įstaigos pateikiami duomenys, atskleistos socialinės ir teisinės problemos, mažinančios šeimos teisės socialinį veiksmingumą. Pateikta šeimos pokyčių per pastaruosius penkiolika metų analizė. Daugiausiai dėmesio skirta santuokos sudarymo ir nutraukimo, sutuoktinių turtinių santykių reguliavimo bei tėvų ir vaikų tarpusavio išlaikymo santykių socialinių ir teisinių problemų tyrimui. Darbo pabaigoje pateikiamos gautos tyrimo išvados ir rekomendacijos, kaip gerinti šeimos teisės socialinį veiksmingumą.The aim of the present research is to find out the legal proceedings of family relations social performance on the grounds of science literature, legislative acts and the analysis of case-law. The research paper consists of three parts. In the first part, based on the anglysis of various scientific literature, the conceptions of family, family law and social performance are presented. The second part is about legal regulation of family relations. The background for that research has been Lithuanian and International legislative acts of entering into marriage and dissolution of marriage, property personal rights of spouses, property personal rights between parents and children. The social and legal problems of implemintation of family law are defined in the third part of the research paper. The problems which diminish family law social performance were revealed on the basis of material taken from Deparmanent of Statistics, Central Mortage Office and case-law. At the end of the research paper there are conclusions made and recomendations on how to improve family law social performance. Keywords: family, family law, family law principles, family law social performance, legal regulation of family relations.
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Richmond, Kathleen J. L. "The Yoke of Isabella : the women's section of the Spanish Falange 1934-1959." Thesis, University of Southampton, 1999. https://eprints.soton.ac.uk/43774/.
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The Women's Section (Seccion Femenina) of the Franco regime's bureaucratic framework was founded in 1934 as an offshoot of the small fascist party, the Falange. Its leader, Pilar Primo de Rivera, was the sister of the Falange's founder, Jose Antonio Primo de Rivera and remained in post throughout the regime. The present study is of Seccion Femenina (SF) as it developed following the death of Jose Antonio during the Spanish Civil War, becoming part of the regime's bureaucracy while retaining its original ideological base. The thesis examines the emerging role of SF in the Spanish Civil War as a supporter of the Nationalist cause and its mandate in 1939 to train and prepare the women and girls in Spain for life under the new regime. SF's influence on government legislation and its contribution to the nation's economic and social stability up to 1959 are examined in relation to the political events of the period as well as the compromises made as SF faced opposition from other sectors of the regime. The second focus of the thesis is SF's ideological base and inner identity, and particularly the degree to which it exhibited features of fascism. This is examined in relation to its elite members, whose belief system was so enduring that it survived the decline of Falangism in the regime. In the face of political realities, SF always saw its 1939 mandate as its own 'Falangist Revolution' and its elite members as capable of transforming society. The origins of these beliefs, the contribution of foreign influences and the transmission of SF ideology in SF's elite academy are analysed in relation to the work and self-image of the elites. The paradox of SF as a loyal supporter of Francoism while challenging the class and social base of the regime is also examined, and religion is shown as the most significant area where SF differed from mainstream opinion and practice. SF's programmes have been studied via primary sources, journals and archive materials. The major primary source, however, is the set of forty-five interviews, conducted principally in Madrid but also in Salamanca, Santiago de Compostela, Palencia, Medina del Campo, Zaragoza, Toledo, the province of Leon and Britain between 1994 and 1999. Interviewees are mainly former elite members of SF together with unaffiliated women, male Falangists and others with experience of SF's programmes.
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Basajjasubi, Allan Nsubuga. "Deconstructing section 25 of the Constitution: has the inclusion of property rights in section 25 of the Constitution helped or hindered the transformation purpose of the Constitution, and specifically the state's commitment to land reform?" Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/25203.
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Prior to the advent of the Constitution and constitutional democracy land policies of the apartheid state secured resource ownership and control of land exclusively for the white minority, whilst dispossessing large communities of black, coloured and Asian people and banishing them to designated "native reserves". Shortly before the transition to democracy liberation groups together with the old apartheid regime, sought to negotiate on land policies which not only constitutionalized property rights but which also constitutionalized a priority to land reform in order to redress the injustices of the past. This paper examines whether the law, as captured in s 25 of the bill of rights, stood in the way of government inn unfolding a progressive programme of land reform. As a contribution to the debate surrounding issues on the appropriateness of the expropriation of land as a means of accelerating the pace of land reform, this papers offers a critical lens through which the state's current land reform policies are evaluated against the Constitution's transformative agenda of facilitating for an equitable system of land rights that provide development opportunities for black and coloured South Africans. Through an analysis of constitutional jurisprudence-including academic literature and legislation- this paper aims to investigate whether section 25 by reason of a lacking of sufficient expropriation and redistribution, as mechanisms for accelerating land reform, is anti-transformation. By deconstructing section 25 (the property clause) my paper offers insight into the controversial and rebuttable presumption that it is in fact not the Constitution but the state, that is responsible for frustrating and impeding the pace of transformation via constitutionally permissible land reform.
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Mnguni, Sihle. "The application of section 17 of the Employment of Educators' Act." Thesis, Nelson Mandela Metropolitan University, 2016. http://hdl.handle.net/10948/11865.
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The purpose of this treatise is to discuss the implementation of section 17 of The Employment of Educators’ Act1 with a view to examining its shortcomings in fulfilling the requirements of fairness. Section 17 makes dismissal for transgressing any of the misconduct cases listed therein compulsory. This is so because of the use of the term “must” in its opening sentence. The Constitutional Court in Sidumo v Rustenburg Platinum Mines2 emphasizes the consideration of the totality of circumstances before the dismissal sanction is imposed by an employer. These include but not limited to the importance of the rule that has been breached to the employer; the basis of the employee’s challenge to the dismissal; the harm caused by the employee’s conduct; the effect of dismissal on the employee and the length of service. The treatise argues that in its current form section 17 of The Employment of Educators’ Act does not cater for the consideration of these circumstances set by the Constitutional Court. The study will also discuss the applicable dismissal legislation in education. The Constitution of the Republic of South Africa guarantees everyone a right to fair labour practices.3 This right is further qualified by the Labour Relations Act4 in section 185. The Labour Relations Act also has in it Schedule 8 which is a Code of Good Practice: Dismissal. The Code endorses the concept of corrective or progressive discipline5 and the need to give due consideration to certain circumstances before dismissing an employee.6 The consideration of the circumstances listed by the Constitutional Court in Sidumo v Rustenburg Platinum Mines7 and the provisions of items 3(2) and 3(6) cannot be said to be well catered for under section 17 of the Employment of Educators’ Act because of the use of the term “must”. For the principle of fair labour practices to be fully accommodated under section 17 of the Employment of Educators’ Act a need to amend it is necessary. This treatise will introduce amendments that will provide for pre-dismissal arbitration as a possible approach to ensuring full compliance for fairness in dismissals that are as a result of transgressing any of the misconduct cases listed in section 17. Other amendments suggested are aimed at realigning section 17 to other child specific legislation like the Children’s Amendment Act8 and the Sexual Offences and Related Matters Amendment Act.
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Wood, Lisa. "Unintended consequences of legislation : an inquiry into the constitutionality of Section 194 of the Labour Relations Act." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20796.
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A fundamental adjustment to our perspectives on the systemic inequalities that exist in South Africa is necessary. Our seemingly neutral laws need to be reassessed to fully understand their practical impact. Section 194 of the Labour Relations Act provides an overtly neutral law in the form of a limitation on the compensation awardable in employment matters. The limitation is the equivalent of either 12 or 24 month's remuneration. The text expresses that compensation must be 'just and equitable', but subject to the limitation. The judges and commissioners that have heard such employment matters have taken this concept of 'just and equitable' and interpreted it to either mean recovering loss suffered, or fairness on a sliding scale of 1 to 12 or 1 to 24 months' remuneration, depending on the case. This dissertation will argue that any text or interpretation of section 194 that utilises remuneration as its sole measurement, is constitutionally invalid. This is because systemic racial and gender inequality in South Africa prevent a free market of opportunity concerning the salaries available to a statistically significant number of women and black persons. The provision in question may not directly intend to differentiate between races and genders, but the indirect effect of the text and interpretation of section 194 is to cause disproportionate disadvantage to certain groups of persons. This dissertation will use case law to bring the unjust impact of section 194 to light; it will then suggest that any use of remuneration as a standard or measure will always create a prima facie case of unfair discrimination on the grounds of race and gender - at least in our country's current economic circumstances. The essential point is that differentiation on the ground of remuneration is inherently indirectly discriminatory, and will, therefore, always require justification for its use. This dissertation will then go on to inquire into the constitutionality within the context of section 194 - ultimately, the conclusion is that the current interpretation which quantifies compensation solely in terms of remuneration, as well as the text of the limitation on compensation that limits in terms of remuneration, cannot withstand constitutional scrutiny. This is followed by recommendations on how to move forward within the bounds of the Constitution. Racial and Gender inequality are embedded within the fabric of South Africa. It is imperative that we reassess the unintended effects of our laws if we are to achieve one of the fundamental goals of the Constitution: equality.
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St-Arnaud, Anouk. "The Peruvian family violence law adoption and implementation challenges /." [Gainesville, Fla.] : University of Florida, 2005. http://purl.fcla.edu/fcla/etd/UFE0010818.
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Pilgram, Lisa. "British-Muslim family law as a site of citizenship." Thesis, Open University, 2018. http://oro.open.ac.uk/57593/.
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The Archbishop of Canterbury's speech on 'Civil and Religious Law in England', delivered a decade ago, attracted considerable public and academic attention. In the years that followed a 'Sharia debate' emerged, where traces of (legal) orientalism became especially visible in an essentialist portrayal of 'Sharia' as being in opposition to 'the West'. What was absent in this debate, which was conducted at the abstract level of compatibility-incompatibility, East-West, law-religion, is an analysis of the actual practices of family law of Muslims in contemporary Britain. People marry, divorce, bring up their children and deal with inheritance by resorting to a variety of norms such as Muslim law, English family law and customary law. Drawing on legal pluralism scholarship and elements of Pierre Bourdieu's theory of the field, this thesis investigates the emergence of British-Muslim family law as a site of citizenship. It is based on research focusing on solicitors offering Islamic legal services and advice in the UK and clients of such services. By focusing on the creative capacities of legal professionals as well as clients in navigating between English and Muslim family law, the thesis is an attempt to present an alternative narrative of British-Muslim family law, which may inform a different understanding to what is commonly perceived as 'informal' legal practices threatening the cohesion of citizens in a the nation-state. The thesis argues that private practice in Islamic legal services is a particularly pertinent case for analysis. This is because solicitors' day-to-day practice in dealing with cases in between Muslim and English law challenges the presumed incompatibility of 'Muslim and English' family law, 'the foreign and the native', or 'the oriental and the occidental'.
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Frias-Armenta, Martha. "Law, psychology, family relations and child abuse in Mexico." Diss., The University of Arizona, 1999. http://hdl.handle.net/10150/288957.
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The purpose of this study was to empirically assess the validity of legal assumptions regarding the use of physical punishment by Mexican parents with their children. Three legal assumptions were identified and tested in the studied Mexican legal framework: (1) parents always act in the best interest of their children; (2) non-severe physical punishment is an adequate and nonharmful strategy for rising children; and (3) parents discriminate between moderate/corrective punishment and severe child abuse. One hundred-fifty mothers living in the Northwestern Mexican State of Sonora were interviewed regarding their use of physical punishment with their children, their knowledge of the law regarding their and their children's' rights and duties, their perceptions of their legal obligations in regard to their disciplinary practices with their children, their disciplinary beliefs, their monitoring of their children, the frequency of maltreatment they received from their parents, their levels of depression/anxiety, their antisocial behaviors, and their alcohol consumption levels. In order to validate the legal assumptions, three structural models were specified and tested. The first model tested the assumption that physical punishment is used in the best interest of children. In this model, the perception of a legal prerogative to use physical punishment was found to increase violence against children. In contrast, parental knowledge of child and parental rights and obligations was inversely related to punitive disciplinary beliefs, while such beliefs were positively associated with child punishment and negatively associated with child monitoring. The second model estimated the effect of a history of mothers' vicitimization during childhood on their adult behavior. It was found that being maltreated as a child was associated positively with antisocial behavior and depression/anxiety, which in turn affected positively alcohol consumption and harsh parenting. The third model estimated the covariance between moderate punishment and severe punishment. Results showed that the correlation between them was higher than the factor loadings between each latent construct and their corresponding observed variables. This finding indicates that parents do not discriminate between moderate and severe punishment, invalidating the assumption that parents are aware of limits between what can be considered abuse and disciplinary punishment. The implications of these findings are discussed.
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Anderson, Whitney Allison. "?You?re Not Part of the Family?: Understanding the Turning Points and Family System Consequences of High Conflict Mother-/Daughter-in-Law Relationships." Diss., North Dakota State University, 2016. http://hdl.handle.net/10365/25667.
Full textAbstract:
Popular culture representations of in-law relationships are frequently negative, and research has affirmed the communication difficulties associated with these non-kin, nonvoluntary relationships. Mother-in-law/daughter-in-law (MIL/DIL) relationships face unique challenges, as these women compete for the position of ?kinkeeper,? or the person who manages relationships throughout the family. When MIL/DIL relationships are characterized by conflict and negative feelings toward one another, the family system suffers. To better understand the implications of ?high conflict? MIL/DIL relationships on entire families, 27 DILs were interviewed about the turning points they had experienced with their MILs and the repercussions of the MIL/DIL relationship throughout the family system. Nine turning point categories emerged inductively from the data, along with several consequences for relationships throughout the family system, including DIL/husband, MIL/grandchildren, and husband/mother. Findings indicate high conflict MIL/DIL relationships do not just lead to negative outcomes for the two women involved, but also for other members across the family system.
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Griffiths, Anne M. O. "Law and the family in Molepolole : a study of family disputes in a Kwena village." Thesis, London School of Economics and Political Science (University of London), 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.298701.
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Hunsicker, Scott T. "Implementation of Canon 517 [section] 2 the exercise of the power of governance in parishes without a pastor /." Theological Research Exchange Network (TREN) Access this title online, 2005. http://www.tren.com.
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Hartshorn, Christopher William. "A comparative analysis of particular law in the implementation of Canon 517 [section] 2." Online full text .pdf document, available to Fuller patrons only, 2000. http://www.tren.com.
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Job, C. O. (Charles). "Common law duties and section 76 of the Companies Act, 71 of 2008 compared." Diss., University of Pretoria, 2012. http://hdl.handle.net/2263/41220.
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Recently, the South African Legislature partially codified the common law duties of
directors with the Companies Act, 71 of 2008 (hereafter referred to as „the 2008
Companies Act‟) which came into effect on 1st May 2011. Chapter 2 of the 2008
Companies Act is dedicated to the formation, administration and dissolution of
companies. „Part F‟ thereof elaborately provides for governance of companies, and
section 76 contained therein requires directors and other company office bearers to
meet the standards of directors‟ conduct as prescribed therein. All of these duties are
in accordance with the principles of common law as indicated in section 77
subsection (2) (a) where non-compliance will attract legislated liabilities as provided
for in section 77 of the 2008 Companies Act. While the standards of directors‟
conduct remains within the bounds of common law, what impact will this codification
have on South Africa‟s corporate law? And what are the realities of its enforcement?Dissertation LLM--University of Pretoria, 2012.
hb2014
Mercantile Law
unrestricted
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Kirton-Darling, Edward. "Looking for justice : the family and the inquest." Thesis, University of Kent, 2016. https://kar.kent.ac.uk/54746/.
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This thesis critically examines the claim that ‘family’ is at the heart of the contemporary inquest system, analysing the impact of this putative change on the construction of kinship, death and the legal. Adopting an interdisciplinary approach, it engages with socio-legal and cultural analyses of death; family and kinship scholarship; and critical legal scholarship on death and the state. In doing so it reveals the richness of the inquest as an area of law which has hitherto attracted relatively little attention but which merits extended exploration. Drawing on historical and jurisprudential materials in the first section, it provides an analysis of the changing historical form of the inquest, and argues that legislative and judicial reconfiguration of the inquest process since 2003 has fundamentally changed the nature of the system, most importantly in relation to the engagement of family prior to a final hearing. It argues that this engagement of the family affects the jurisdiction and form of an individual inquest, and developing this analysis, it explores a series of interviews undertaken with Coroners and officers in England. This empirical work deepens the earlier analysis, drawing insights from reflections on a set of vignettes which trouble the edges of ideas of family; emphasising the ways in which images of family and kinship are conceptualised and materialised through the unfolding of an individual inquest. The central argument is that ‘family’ is a negotiated and constitutive feature of the inquest system; charged with overseeing dignity in a bureaucratic process, making substantive and transparent that which may be otherwise impenetrable and formal, and simultaneously determining the edges of the private and intimate. The thesis contends that an emphasis on meaningful connections to the deceased leads to a fluid construction of kinship, and a reimagination of the politics of both death and family. It argues that the inquest system, without narratives of kinship and connection, risks existing in a solely technocratic form in which ‘disinterested decision-makers using objective, rationalist and universalised forms of knowledge justify decisions that are communicated in an expert language’ (Morgan 2006, 246), and the family bring a ‘tacit expertise that underpins shared experiences, values, symbols, identities and understandings, [providing] the tenor or texture of debate [that] transmits and generates a community because of its capacity to defy routinisation and the explicit codes of expert knowledge’ (Morgan 2006, 259). Working through the inquest process and unpicking these contrasting forms of expertise, this thesis reveals the way in which an individual inquest is constructed through an endeavour to combine contrasting tensions; to blend a contingent, contextual, participative and meaningful process with the ceremony of a mini state funeral (Davis et al 2002), the collection of statistical information, and the setting of standards to prevent future deaths.
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Chu, Mai-lee Christine, and 朱美莉. "The mother-in-law and daughter-in-law relationships during the transition to parenthood." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1992. http://hub.hku.hk/bib/B31976955.
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