Dissertations / Theses on the topic 'Sociological jurisprudence'
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1
Rosentau, Mario. "Õiguse olemus : sotsiaalse käitumise funktsionaalne programm /." Tartu : Tartu Ülikooli Kirjastus, 2004. http://dspace.utlib.ee/dspace/bitstream/10062/1345/5/rosentau.pdf.
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Hu, Xingdong. "Sheng cun fan shi li xing yu chuan tong : Yuan Ming Qing shi qi nan fang min zu fa lü bian qian yan jiu /." Beijing : Zhongguo she hui ke xue chu ban she, 2005. http://catalog.hathitrust.org/api/volumes/oclc/68159992.html.
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Woolman, Stuart Craig. "The selfless constitution experimentation and flourishing as foundation of South Africa's basic law / by Stuart Craig Woolman." Pretoria ; [s.n.], 2007. http://upetd.up.ac.za/thesis/available/etd-10222007-155418/.
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MCHUGH-RUSSELL, Liam. "Limits of legal evolution : knowledge and normativity in theories of legal change." Doctoral thesis, European University Institute, 2019. http://hdl.handle.net/1814/63284.
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Defence date: 13 June 2019Examining Board: Professor Stefan Grundmann, European University Institute (Supervisor); Professor Claire Kilpatrick, European University Institute; Professor Peer Zumbansen, Osgoode Hall Law School; Professor Simon Deakin, Cambridge University
Over the last forty years, legal theory and policy advice have come to draw heavily from an ‘evolutionary’ jurisprudence that explains legal transformation by drawing inspiration from the theoretical successes of Darwinian natural selection. This project seeks to enrich and critique this tradition using an analytical perspective that emphasizes the material consequences of concepts and ideas. Existing theories of legal evolution depend on a positivist epistemology that strictly distinguishes the objects of social life—interests, institutions, systems—from knowledge about those objects. My dissertation explores how knowledge, and especially non-legal expertise, acts as an independent site and locus of transformation, mediating the interaction between law and social phenomena and acting as a catalyst of legal innovation. Prior work by Simon Deakin has integrated insights from systems theory to show how the interaction between law and economic institutions can only be properly understood by attending to the epistemic frame law uses to interpret economic practice. Using a case study on the impact of ‘law and finance’ literature on World Bank policy advice and, consequentially, on legal reforms adopted by many developing countries between 2000 and the present, I show that such attention to legal knowledge is inadequate. The case points, first, to the contingency of the intellectual tools used to understand legal institutions. Rather than deploying a determinate rationality, private and public actors address legal, economic, and ethical problems using a variety of paradigms: viewpoints are not determined by realities. More fundamentally, the cases suggest that successful paradigms, rather than economic or political realities alone, shape the dynamics of socio-legal change. My conclusions address some normative questions that arise when researchers in a social scientific mode are implicated in the processes they seek to document.
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Summerfield, Tracey. "Families of meaning: Dismantling the boundaries between law and society." Thesis, Summerfield, Tracey (2004) Families of meaning: Dismantling the boundaries between law and society. PhD thesis, Murdoch University, 2004. https://researchrepository.murdoch.edu.au/id/eprint/353/.
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Legal positivism insists upon a distinction between the inside and outside of law. The common law and statutory rules of interpretation assist in maintaining this distinction, establishing the myth that legal decision-making is a purely objective and rational process, giving rise to internal truths. While critical theorists have illustrated the ways in which the lines between the inside and outside are always blurred, there remains a perceived distinction, in law, between the interpretation of concepts that occurs in the law and that which occurs outside the law. Only the former have legal legitimacy. The idea of the legal family is a case in point, where the law defines family according to its own prescriptions irrespective of how family is constituted by non-legal communities. In this thesis, I consider the meanings of family in different spheres to show how the lines between the social, the political and the legal consistently overlap. I then develop a mechanism by which the law can acknowledge and affirm that which is 'outside'. This requires, firstly, a conception of law as communication and of legal interpretation as a constructive process. Secondly, the task demands that jurists engage with the semiotic processes of the everyday and that legal concepts, at least those that exist independently of the law (family for example) be framed with an open indexicality. This might enable such concepts to be interpreted according to a range of contexts, other than (or in addition to) the legal one. Finally, using the family as an example, I illustrate how a semiotic approach can assist legal interpretation, reform and analysis.
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Summerfield, Tracey. "Families of meaning : dismantling the boundaries between law and society /." Access via Murdoch University Digital Theses Project, 2004. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20050810.115925.
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Sahni, Isher-Paul. "The administration of justice : an exegesis of Max Weber's 'sociology of law' with a focus on the English law and judge." Thesis, McGill University, 2004. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=85202.
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This study examines two interconnected and as yet wholly neglected aspects of Max Weber's 'Sociology of Law,' namely, its substantive underpinnings and focal concern with the status of the judge. At the heart of the 'Sociology of Law' is a comparative analysis of the Continental and the English administrations of justice, which can best be understood when read against his substantive sociology and which requires an assiduous reading of the 'Sociology of Law.' Thus the first part of this examination elucidates Weber's overarching concern with the effects of bureaucratization on the development of personality. The second part provides a detailed explication of the 'Sociology of Law' which privileges his treatment of the Common Law and distinguishes the juristic and sociological strands of his analysis, re-examines his notion of formal and substantive rationality, pays close attention to his assessment of the Free Law Movement, and accords due place to his discussion of the anti-formalistic tendencies in modern law. Taken together, these expose the contradictions and assumptions which frame his tendentious analysis and bring to light the vital role he ascribes to the judge.
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Vlahovic, Denis. "The sovereignty of the lawcode in Aristotle /." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=38527.
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In contrast with the procedural orientation of Athenian law in his day, Aristotle thinks that the lawcode should include principles which explain the rules of the lawcode and guide the interpretation of these rules in difficult cases. It should be determined by majority vote whether the decisions and proposals of political experts are consistent with the principles of the lawcode. Aristotle's views on practical explanation support his views on political deliberation. Someone has a techne rather than mere empeiria if he can give an account of the principles of an art and is able to explain the results of his deliberations in the art in terms of the principles. Such explanation does not have the same status as apodeixis in the epistemai, in that such an explanation cannot demonstrate that a conclusion follows necessarily from the principles of the art. However, a person who has experience in the art is able to evaluate deliberative options based on such arguments.Aristotle has an account of practical intellection which, like Plato's, is theory-based. Aristotle's account is an adjustment of Plato's account in the light of Isocrates' criticisms of Plato. Aristotle combines the accounts of Plato and Isocrates---the emphasis of the one on explanation and the emphasis of the other on practical principles. Aristotle's views on practical intellection allow him to solve a problem associated with Plato's proposals in the Laws, which resemble in important respects Aristotle's own proposals. Plato intends in the Laws to introduce an arrangement on which the polis is governed by non-philosopher citizens educated by the lawcode. However, because of his views on practical intellection, Plato is forced to put the 'Nocturnal Council' in charge of 'preserving the laws'. Because of his views on practical intellection, Aristotle can accept that the majority can be in charge of preserving the law. Aristotle's views on practical intellection also allow him to say that one ought to spell out the principles of the lawcode and privilege them in the interpretation of the law---which is different from the Athenian, procedural approach to the law---even though no universally true claims are possible on practical issues.
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Michaut, Françoise. "L'Ecole et la "sociological jurisprudence" et le mouvement réaliste américain : le rôle du juge et la théorie du droit." Paris 10, 1985. http://www.theses.fr/1985PA100202.
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Michaut, Françoise. "L'Ecole de la "Sociological Jurisprudence" et le mouvement réaliste américain le rôle du juge et la théorie du droit." Lille 3 : ANRT, 1985. http://catalogue.bnf.fr/ark:/12148/cb37594967s.
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De, Villiers Isolde. "South African legal culture in a transformative context." Diss., Pretoria ; [s.n.], 2009. http://upetd.up.ac.za/thesis/available/etd-09272009-155336/.
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De, Aguiar Julio Cesar. "Legal contingencies : towards a radical behaviorist approach to law as a social system." Thesis, University of Aberdeen, 2012. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=186180.
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This paper puts forth a radical behaviorist approach to legal theory according to which law is a set of behavioral contingencies which control the behavior of individuals according to politically defined goals. Based on the proposition that modern legal systems, because of their inherent contingency and chronic mutability, are irremediably instrumental to politically defined social goals, and on the radical behaviorist fundamental assumption that a science of human behavior is possible, the paper develops what can be called a radical behaviorist perspective on social systems theory. According to this perspective, a social system is neither a collection of individuals nor of individual acts, but a class of interconnected behavioral patterns or cultural practices conditioned and maintained through the same generalized reinforcer, which, in the case of law, is the dichotomy between legal versus illegal. To construct this radical behaviorist perspective on social systems theory, the paper relies on three major theoretical foundations. The first one is a criticism of Skinner’s concept of verbal behavior according to which instead of a special kind of behavior, it is defined as nothing but the human species-specific operant control of the vocal musculature by social reinforcement contingencies. The second one is to propose a more functional alternative to Skinner’s concept of human social behavior as that kind of operant behavior which is conditioned and maintained by other people’s behavior. The third one is a dialogue between radical behaviorism and Luhmann’s social systems theory, whose main purpose is to provide radical behaviorism with a more sophisticated description of modern society which, despite several differences, is also radically anti-individualistic and evolutionary. The final part of the paper is a detailed discussion of how law controls human behavior.
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Schmeiser, Susan Rebecca. "Ungovernable selves : the psychoanalytic in legal culture /." View online version; access limited to Brown University users, 2002. http://wwwlib.umi.com/dissertations/fullcit/3050965.
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Thesis (Ph.D.)--Brown University, 2002.Available in film copy from University Microfilms International. Vita. Thesis advisor: Ellen Rooney. Includes bibliographical references. Also available online.
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Bates, Karine. "Les femmes et le système juridique en Inde : entre l'idéologie et les faits: analyse anthropologique de la conception des droits à travers les transactions économiques au moment du mariage." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape10/PQDD_0017/MQ47252.pdf.
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Guess, Teresa J. "Ritual action & death penalty abolition : a case study /." free to MU campus, to others for purchase, 1999. http://wwwlib.umi.com/cr/mo/fullcit?p9946258.
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Criger, David W. "Systemic preservation and political legitimation a critical examination of the Sherman Anti-trust Act of 1890 /." Diss., Columbia, Mo. : University of Missouri-Columbia, 2008. http://hdl.handle.net/10355/6078.
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Thesis (M.A.)--University of Missouri-Columbia, 2008.The entire dissertation/thesis text is included in the research.pdf file; the official abstract appears in the short.pdf file (which also appears in the research.pdf); a non-technical general description, or public abstract, appears in the public.pdf file. Title from title screen of research.pdf file (viewed on August 19, 2009) Includes bibliographical references.
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Sonsiama, Doris A. M. "A critical analysis of the jurisprudence of the special court for Sierra Leone on the use of child soldiers." Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/18649.
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The use of child soldiers in armed conflicts has been common the world over for a long time now. However, over the last few decades, this practice has become widespread in Africa where armed groups recruit children as part of their war strategy and to help sustain their campaigns. This practice has left thousands of children physically and psychologically bruised with many still suffering from post war effects long after the end of such conflicts. Many negative effects still haunt many of the children who were recruited into the ranks of the government and rebel forces during the decade civil war in Sierra Leone. The civil war in Sierra Leone has been considered to be one of the most gruesome in the history of conflicts in Africa not only because of its high level of brutality but also in the manner in which children were forced into combat and abused both physically and psychologically. It is estimated that between 7000 - 10 000 children below the age of 15 years, some as young as seven were recruited into armed forces or groups during the war.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011.
http://www.chr.up.ac.za/
nf2012
Centre for Human Rights
LLM
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Mascarello, Renata Piroli. "A produção capitalista do espaço urbano e do direito no contexto da copa do mundo de 2014." reponame:Repositório Institucional da UCS, 2016. https://repositorio.ucs.br/handle/11338/1183.
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A pesquisa aborda a relação entre espaço urbano e capitalismo, com ênfase no contexto de crise de sobreacumulação e, portanto, na necessidade de expansão de capital por meio da acumulação por espoliação e da apropriação dos bens comuns. Em face da amplitude do tema, posteriormente, a conjuntura, bem como suas categorias, é conectada à Copa do Mundo de 2014, realizada em doze cidades brasileiras. Por meio da análise do universal ao particular, soma-se o estudo da teoria e da prática da apropriação das cidades, verificando seus atores, estratégias e consequências para a classe trabalhadora. O principal objetivo da dissertação, portanto, é desvelar o grande plano de superação de crise de sobreacumulação que se esconde por trás de megaeventos esportivos e do discurso ideológico, e que é legitimado pelo ordenamento jurídico, por meio de sua aplicação ou suspensão. Fundamentado no método dialético-materialista, a abordagem pretende enfrentar as seguintes questões: Como o capitalismo, no atual contexto, se apropria das cidades? No Brasil, essa apropriação possui vínculo com a Copa do Mundo de 2014? Quais são os atores, públicos e privados, envolvidos na produção do espaço sob o amparo capitalista e como eles atuam? Como esse processo impactou (via remoções e despejos) a vida da classe trabalhadora durante a Copa do Mundo de 2014? Para responder essas perguntas, fez-se uso das pesquisas bibliográfica e documental, em que, totalmente conectadas, a primeira resguarda as categorias referidas ao longo do texto e a segunda ampara a leitura de realidade. Em acordo com o método adotado, objetiva-se, ainda, o exame acerca das possibilidades de resistência aos impactos do megaevento esportivo para as comunidades atingidas pelas obras de infraestrutura (particular), ao mesmo tempo em que se reflete sobre as dificuldades de insurgência em face do processo de privatização mercantilização da cidade (universal). Em suma, almeja-se apresentar um estudo que contribua para o resgate da esperança e da utopia, além da garantia do direito à cidade e da emancipação humana.Submitted by Ana Guimarães Pereira (agpereir@ucs.br) on 2016-06-22T11:58:56Z No. of bitstreams: 1 Dissertacao Renata Piroli Mascarello.pdf: 2462888 bytes, checksum: f0840f71d53004ad72a7a934035c1fd5 (MD5)
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Coordenação de Aperfeiçoamento de Pessoal de Nível Superior, CAPES.
The research addresses the relationship between the relationship between urban space and capitalism, with emphasis in the context of over-accumulation crisis and, therefore, in need of capital expansion through the accumulation by dispossession and appropriation of common goods. Given the amplitude of the subject, subsequently, the conjuncture, as well as its categories, is connected to the World Cup 2014, held in twelve Brazilian cities. Through the universal analysis to the particular one, it sums up the study of theory and practice of appropriation of cities, checking their actors, strategies and consequences for the working class. Main purpose of this work is, therefore, to unveil the great over-accumulation crisis overcoming plan that lurks behind mega sporting events and ideological discourse, and that is legitimized by the legal system, through its application or suspension. Based on the dialectical-materialist method, the approach aims to address the following questions: How capitalism in the current context, appropriates the cities? In Brazil, this appropriation has any link with the World Cup 2014? What are the actors, public and private, involved in the production of space under the capitalist support and how they act? How this process impacted (via removals and evictions) the life of the working class during the World Cup 2014? To answer these questions, there was use of bibliographic and documentary research, in which, fully connected, the first protects the categories mentioned in the text and the second holds the reality of reading. In accordance with the adopted method, the objective is also examining about the possibilities of resistance to the impacts of mega sporting events to the communities affected by infrastructure works (particular) , while it reflects on the insurgency difficulties in face the commercialization process of privatization of the city (universal). In short, it aims to present a study to contribute to the rescue of hope and utopia, as well as ensuring the right to the city and human emancipation .
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Cociña, Cholaky Marta. "El tratamiento de la inmigración internacional en Chile." Doctoral thesis, Universitat de Barcelona, 2019. http://hdl.handle.net/10803/667784.
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La presente tesis doctoral, desde un prisma socio-jurídico, analiza el tratamiento de la inmigración internacional en Chile. El objetivo de esta investigación es indagar los razonamientos predominantes al abordar los flujos de personas en dicho país. En este sentido se reconocen cuatro lógicas prevalentes: instrumental, securitaria, caritativa, y racista, segregadora y discriminadora. Estas lógicas imperan en la gestión de la movilidad humana en Chile, tanto a nivel normativo, como político-institucional, discursivo y social. A través del estudio de la legislación, de los programas implementados, de las políticas adoptadas, de la institucionalidad vigente, de las retóricas empleadas y de los comportamientos sociales se traza un diagnóstico del tratamiento de los desplazamientos de personas, cuestionando la forma de gestionar los mismos, en tanto no respondería a un Estado de Derecho coherente, sino más bien, se condice con una gestión securitaria, criminalizadora, instrumental y victimizadora de la migración, que visualiza al otro como una amenaza laboral, económica, sociocultural y a la seguridad, en fin, en Chile la migración se aborda desde el paradigma del control y no desde el prisma de los derechos humanos. Comprendiendo que quien se desplaza debe ser reconocido por su calidad de persona, se plantean propuestas que buscan propender a una mejor forma de abordar los flujos humanos en este país.La present tesi doctoral, des de un prisma soci cultural, analitza el tractament de la immigració internacional a Xile. L’objectiu d’aquesta recerca és indagar els raonaments que predominen en abordar els fluxos de persones en aquest país. En aquest sentit es reconeixen quatre lògiques prevalent: la instrumental, la de seguretat, la caritativa i racista, la segregadora i discriminatòria. Aquestes lògiques imperen en la gestió de la mobilitat humana a Xile, tant en un nivell normatiu, com polític – institucional, discursiu i social. A través de l’estudi de la legislació dels programes implementats, de les polítiques adoptades, de la institucionalitat vigent, de les retòriques emprades i dels comportaments socials es traça un diagnòstic del tractament dels desplaçaments de les persones, qüestionant la forma de gestionar els mateixos, en tant que no respondria a un Estat de Dret coherent, sinó més aviat es condice amb una gestió de seguretat criminalitzadora instrumental i victimitzadora, de la migració, que visualitza a l’altre com una amenaça laboral, econòmica, sociocultural i de seguretat, en fi a Xile la migració s’aborda des del paradigma del control i no pas des del prisma dels drets humans. Comprenent que qui es desplaça ha de ser reconegut per la seva qualitat com a persona, es plantegen propostes que busquen propendir a una millor forma d’abordar els fluxos humans en aquest país.
This doctoral dissertation analyses the treatment of international migration in Chile from a socio-legal standpoint. The objective of this research is to delve into the traditional arguments used for addressing the entry of people in this country. Accordingly, the research recognizes four prevalent justifications: instrumental, securitarian, charitable, and racist, segregated and discriminatory. These justifications have prevailed in the management of the migration process in Chile, at a normative level, but also at a political-institutional, discursive and social levels. Through the study of legislation, implemented programs, adopted policies, current institutions, used discourses, and social behaviors, a diagnosis is proposed on the treatment for the movement of people. This diagnosis questions the way of handling migration, because it would not be aligned with a coherent Rule of Law, but with a securitarian, criminalizing, instrumental and victimizing way of management, that understands the other as a labor, economic, sociocultural, and security threat. In a nutshell, in Chile, migration is handled from a control paradigm and not from a human rights' paradigm. Assuming that who is migrating must be recognized as a human being, the research sets out proposals that look to address in a better way the migration phenomenon in Chile.
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Castro, Luiz Augusto Sartori de. "Direito penal: uma análise crítica sob a ótica da sociologia." Pontifícia Universidade Católica de São Paulo, 2018. https://tede2.pucsp.br/handle/handle/21122.
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The main focus brought in the present project is to empirically demonstrate the inefficiency of Criminal Law as an instrument against the advance of crimes, especially in view of the fact that, despite of more than 142 criminal laws have been produced between the democratization of Brazil and December 31, 2017 - 88% more severe -, criminal records keeps increasing, as the massive imprisonment, which percentage between 1990/2017 reached 707%. Therefore, the present study intents to discuss that both the expansion of legal assets, as well as the increase in the penalties already provided for in the Legal Order are not able instruments to achieve the proposed purpose, namely, reduction of crime in Brazil, much less demand the punitive movement of the last decades – based on the culture of fear – under the allegation that the existing mechanisms of defenses against the crime are not enough. Finally, a proposal for a new Criminal Law will be suggested, based on Niklas Luhmann's system theory, which, in addition to ensuring the ultima ratio of the latter, allows for a responsive treatment of deviant action
A raiz do problema trazido no bojo do presente estudo é demonstrar empiricamente a ineficiência da austeridade do Direito Penal como meio de combater o avanço da criminalidade, notadamente diante do fato de que, malgrado terem sido produzidas mais de 142 leis penais entre a redemocratização do Brasil e 31 de dezembro de 2017 – 88% mais severas –, os índices de prática delitiva não apresentam redução. Ao revés, continuam a crescer desenfreadamente, tal como o encarceramento, cujo aumento percentual entre 1990/2017 alcançou 707%. Assim, busca-se com o presente trabalho debater que tanto a expansão de bens jurídicos a serem tutelados pelo Direito Penal, quanto o recrudescimento das penas dos delitos já previstos no Ordenamento Jurídico não são instrumentos hábeis a alcançar o fim proposto, a saber, a redução da criminalidade no Brasil, muito menos a demandar o movimento punitivista das últimas décadas – fundado na cultura do medo –, sob a bandeira de que os mecanismos atuais de defesas contra o crime não são suficientes. Sugerir-se-á, então, uma proposta de um novo Direito Penal, a partir da teoria dos sistemas de Niklas Luhmann, a qual, para além de assegurar a característica de ultima ratio daquele, permite um tratamento responsivo do agir desviado
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Restrepo, Amariles David. "The Rise of transnational legal indicators: empirical accounts of law in a global society." Doctoral thesis, Universite Libre de Bruxelles, 2014. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209297.
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Based on the premise ‘what we measure affects what we do’, this work seeks to address the following key question: What are the characteristics of the knowledge produced by the Rule of Law Index, WGI Rule of Law Indicator, Doing Business Indicators and the Global Competitiveness Index about the rule of law and business regulation respectively, and to what extent can this knowledge be used to assess and compare legal systems? My objective is to address the gap between, on the one hand, policy and scientific approaches to indicators and, on the other hand, legal scholarly approaches. The former tend to be specialized, mathematical and outcome-oriented, focusing on how to produce appropriate measures of social –and legal- phenomena. The latter assume an external point of view and are often verbal and critical. They focus generally on the genealogy, shortcomings and governance aspects of a particular set of indicators. This work provides new insights through a fourfold analysis: (i) an analysis of the context in which transnational legal indicators emerge, (ii) an analysis of their process of commensuration of legal phenomena, (iii) an analysis of their analytical value in jurisprudence and comparative legal studies, and (iv) an analysis of their normative effects on national legal systems.Doctorat en Sciences juridiques
info:eu-repo/semantics/nonPublished
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Kilcline, Cody Mary. "The trial of Mrs Proudlock : law, government and society in British Malaya, 1911." Phd thesis, Canberra, ACT : The Australian National University, 2011. http://hdl.handle.net/1885/150011.
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金子. "論公序良俗原則與性工作合法化 = Principle of public order and good social customs and legalization of prostitution." Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b2120092.
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Kirov, Jani. "Die soziale Logik des Rechts : Recht und Gesellschaft der römischen Republik /." Göttingen : V & R unipress, 2005. http://www.gbv.de/dms/spk/sbb/recht/toc/500389330.pdf.
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Ren, Min. "From concubine to Ernai : a comparative study on Chinese family law." Thesis, University of Macau, 2010. http://umaclib3.umac.mo/record=b2147562.
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Huang, Chung-cheng. "Das Verhältnis von moralischem Diskurs und rechtlichem Diskurs bei Jürgen Habermas /." Berlin : Duncker & Humblot, 2007. http://www.gbv.de/dms/spk/sbb/recht/toc/523272197.pdf.
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Vallenas, Rojas Julio Cesar. "Taller de Derecho." Pontificia Universidad Católica del Perú, 2010. http://repositorio.pucp.edu.pe/index/handle/123456789/116486.
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JUI, CHU PING, and 初炳瑞. "Exploration of Business Technology Transferring - from Sociological Jurisprudence Point of View." Thesis, 2001. http://ndltd.ncl.edu.tw/handle/33789149204286894113.
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碩士國立臺北大學
企業管理學系
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The development of technology and the industry competition has made the tread of globalization become clear than before. Also, the concept of global village has been formed based upon the development of modern transportation. The development of technology has made all kinds of dreams come true. From “compass chariot” in China dated on 3,000 years ago to the utilization of compass by Arabic people; from the fire cracker powder to the steam engine employed by Henry Ford; and from the glider to the deployment of airplane, all demonstrated the accumulation and derivation of knowledge can accomplish mankind to get into a new era. On the other hand, the difficulty of exchanging information has blocked the development of science and technology in the ancient times. However, human being also experienced the painful thing brought by the atomic bomb. Therefore, the exchange of information can help to develop new technologies for the good things and to reduce the risk of misuse. The Nobel prizes and Pulitzer prizes are aimed for the welfare of human kind which disseminate the knowledge and hope to avoid the disaster came along with development of modern technology. The research theories of this article are based upon the reference documentation of social law, business technology, and technology transferring. This paper will also point out, as referred in lot of historical reference material, the impact of technology and the social changes will heavily affect the social environment. Consequently, there are still many concerns should be look into while pursuing the advanced development of new technology. After collecting the technology transferring regulation and the existing social phenomenon, some actual cases are analyzed to find out the root causes of technology development and transferring. Then, supported by relative theories, a few propositions are made and the questionnaire was prepared. The final conclusions and suggestions are based on the statistical analysis of the questionnaires and the information collected by face to face interviewing. The propositions will be within the following scope: 1.The corelation of the business technology transferring and the social benefits. 2.The corelation of the business technology transferring and the social cost. 3.The private-owned business technology transferring mechanism will become an obstacle of technology development and social welfare. The sub-propositions are listed as follows: Proposition 1.1: The technology development is based upon the accumulation of human knowledge. It should be treated as public welfare. Proposition 1.2: In the process of technology transferring, technology knowledge becomes private-owned. Proposition 1.3: The designing of monopoly system and the promotion of intelligence property has hindered the dissemination of knowledge and reduced the innovation ability and also caused the monopoly of knowledge. Proposition 2.1: In the process of technology transferring, protected by the social regulation, the authorizer and the one been authorized will all acquire the social public welfare. Proposition 2.2: In the process of technology transferring, the authorizer and the one been authorized only care about the internal business cost and benefit, not the external business cost and benfit. Proposition 2.3: In the process of technology transferring, additional cost will be incurred to protect the monopolization. Proposition 3.1: The protection of intelligent property right has become the obstacle of technology development and the non-disclosure of key technologies. Proposition 3.2: The ease of accessing key technology will help the development of technology and the distribution of welfare evenly. Proposition 3.3: The quick dissemination of key technology will help the development of technology. To conclude, we have found the technology has heavily affected the quantity side (production technology dissemination and production capacity increasing), but it should also care about the quality side (the social value standard). Take the latest DNA technology as an example, except the utilization on the production side, it should be adjusted according to the social value, social norms at the same time. The current rules and regulations should be further reinforced if they fail to meet the requirement of new changes. The innovation and technology transferring should be awarded by all means. And, the “user-pay” concept need to be further addressed to better enhance the total human welfare.
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KLEINKNECHT, Natascha. "Positivität des Rechts bei Niklas Luhmann : Begriffsentstehung, Probleme und Lösungen in kritisch-konstruktiver Sicht oder Von der Welt der 'Natur' zur Welt der Unwahrscheinlichkeiten." Doctoral thesis, 1989. http://hdl.handle.net/1814/4675.
Full textAbstract:
Defence date: 29 September 1989Examining board: Prof. Gunther Teubner, Europäisches Hochschulinstitut (Supervisor) ; Prof. Werner Maihofer, Universität Bielefeld, Europäisches Hochschulinstitut ; Prof. Jan M. Broekman, Katholieke Universiteit Leuven ; Prof. Pietro Rossi, Università degli Studi Torino ; Prof. Danilo Zolo, Università degli Studi di Firenze
First made available online on 15 July 2013.
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KRATZ, Catherine. "Le droit pris en flagrant desir: tragedie, drame, farce : variations sur le theme de la procreation artificielle." Doctoral thesis, 1996. http://hdl.handle.net/1814/4680.
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MACNAMEE, Eugene. "Let love rule : travels in the norms, affects and ethics of legal subjectivity." Doctoral thesis, 2001. http://hdl.handle.net/1814/4696.
Full textAbstract:
Defence date: 29 November 2001Supervisor: Prof. Gunther Teubner ; Co-Supervisor: Yota Kravaritou
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
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BLECHER, Michael. "Zu einer Ethik der Selbstreferenz oder: Theorie als Compassion Moeglichkeitsbedigungen einer autopoietischen Gesellschafts- und Rechtstheorie." Doctoral thesis, 1989. http://hdl.handle.net/1814/4569.
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Hardy, SJ. "The legal injury narrative : personal injury litigation and melodrama." Thesis, 2005. https://eprints.utas.edu.au/19827/1/whole_HardySamanthaJ2006_thesis.pdf.
Full textAbstract:
This thesis attempts to explain why personal injury plaintiffs tend to have poorer
health outcomes than non-litigants with similar injuries. It examines the role that
injured plaintiffs have to play in the litigation. The thesis develops the concept of
the "legal injury narrative" and argues that plaintiffs are required to tell their
individual stories in accordance with this master narrative in order to be
successful in their claims. The legal injury narrative is analysed through the
genre of melodrama. This reveals that the role injured plaintiffs are required to
play in the narrative is a passive, mute and dependent one, and this has negative
ramifications for their health outcomes. Examining the legal injury narrative in
this way also reveals some concerning consequences for society as a whole,
particularly the way in which society responds to suffering and how normative
assumptions in the law can perpetuate existings power hierarchies and gender
stereotypes. Mediation is considered as a possible alternative to litigation. It
seems particularly useful as a way of supporting injured people and enabling
them to tell their stories according to a tragic genre, which it is argued is more
conducive to improved health outcomes. In particular it is argued that
mediation, as a future directed procedure, is preferable to the legal injury
narrative's current focus on past events and restoring the status quo.
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Ramshaw, Sara Lynne. "Sign of the times: celebrity, truth, and legal storytelling." Thesis, 1998. http://hdl.handle.net/2429/8231.
Full textAbstract:
Contemporary Western legal storytelling relies heavily on images and discourses in
popular culture to secure meaning and give credibility to certain legal arguments. This
thesis focuses on the legal stories told in the trial of a celebrity in Western society. As a
system of meaning, the celebrity sign operates on the levels of signification and affect.
The ambiguous semiotic power of the celebrity sign forces an examination by the legal
audience regarding the "real" nature of the celebrity. Reality and truth are seen to
emanate from this private self. Moreover, the affective power of the celebrity sign
guarantees that, at times, emotion will dictate how much credibility will be given to
particular celebrity legal stories and what stories will be considered plausible by a jury.
In the trial of a celebrity "Other" — that is, one of the celebrated few who defies
the white male norm -- celebrity legal storytelling looks towards issues of race, class, and
gender, in addition to celebrity, in order to secure meaning and effect credibility. The
aesthetic acceptance of the celebrity "Other," along with discourses of authenticity in
Western society, work to shape what is considered credible and true in a courtroom.
These factors place limits on the semiotic and affective power of the celebrity "Other"
and, thus, on what celebrity legal stories will be accepted as truth in the courtroom.
Looking specifically at the 1949 acquittal of jazz singer, Billie Holiday, and the
1994 acquittal/partial conviction of gangsta rapper, Tupac Shakur, this thesis will
demonstrate the ways in which law, culture, race, gender, class, and the celebrity intersect
in the Western mass media and how this intersection affects legal process and the trial
tactics utilized in the trial of a celebrity "Other."
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ROGOWSKI, Ralf. "The resolution of labour conflicts : an international comparison." Doctoral thesis, 1991. http://hdl.handle.net/1814/4767.
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CVIJIC, Srdjan. "Democracy beyond the Demos : bringing the immigrants (back) in." Doctoral thesis, 2005. http://hdl.handle.net/1814/4605.
Full textAbstract:
Defence date: 14 September 2005Examining Board: Prof. Neil Walker , EUI (supervisor) ; Prof. Wojciech Sadurski, EUI ; Dr. Jef P.A. Huysmans, Open University, Milton Keynes ; Dr. Theodora Kostakopoulou, University of Manchester
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
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Wingrove, Twila. "A comparison of two theoretical models of procedural justice in the context of child protection proceedings." 2009. http://proquest.umi.com/pqdweb?did=1816645881&sid=5&Fmt=2&clientId=14215&RQT=309&VName=PQD.
Full textAbstract:
Thesis (Ph.D.)--University of Nebraska-Lincoln, 2009.Title from title screen (site viewed January 5, 2010). PDF text: vii, 162 p. : ill. ; 748 K. UMI publication number: AAT 3360090. Includes bibliographical references. Also available in microfilm and microfiche formats.
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Qupe, Gugulethu Sibongile. "Defining international human rights in Africa : an analysis of the role of culture." Thesis, 2014. http://hdl.handle.net/10210/10850.
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HENDRY, Jennifer. "Unitas in diversitate? On legal cultures and the Europeanisation of law." Doctoral thesis, 2009. http://hdl.handle.net/1814/12045.
Full textAbstract:
Defense date: 26/06/2009Examining Board: Bruno De Witte (EUI), Christian Joerges (Supervisor, former EUI, University of Bremen), Hans Lindahl (Tilburg University), Hans-W. David Nelken (University of Macerata)
First made available online: 27 July 2021
This thesis argues for a sociologically observable equilibrium between the competing forces of legal unity and legal diversity within the European Union (EU) in order to conceptualise the contested process of the Europeanisation of law as a contingent, reciprocal one that has no endpoint in either uniformity or discontinuity. The main point of departure is the concept of legal culture, which provides for an institutionally-bounded and territorially-delimited jurisdiction with a unique socio-historical context. Member State legal cultures, within the overarching EU legal space, are conceptualised as a segmentary form of legal system-internal differentiation on the basis of territory, whereby communications originating in and pertaining to a particular Member State are conditioned in terms of the legal-cultural context of that Member State. This thesis argues that this "fragmentation" is a force of diversity within the Europeanisation process, which operates against a unifying force, understood here to be a similarly legal-system internal differentiation on the basis of areas of law and their related epistemic communities. This thesis advances the argument that, instead of viewing the existence of legal diversity within the EU as being essentially problematic for the process of Europeanisation of law, legal diversity should be reconceptualised as a productive counterweight to any purported legal unity in the EU and re-entered into the process in order to maintain its openness. While the concept of legal unity provides the framework for the operation of the Europeanisation process, that of legal diversity within that framework provides the means by which the process remains open-ended and fully contingent. Legal unity, in turn, is positioned as a counterbalance to legal diversity in that it places restraints upon the diversifying forces of both nationalism and fragmentation within the EU, thus maintaining the overarching framework within which the process of Europeanisation can occur. Legal "unity in diversity", conceptualised both as a precondition of the process of the Europeanisation of law and as a default aim, sits in stark contrast to the two main theoretical approaches to the Europeanisation of law, namely deracinated formalism and autochthonous culturalism. This thesis proposes a middle way that avoids the pitfalls of these two extreme schools of thought by operationalising the conundrum of unitas in diversitate in a way that both maintains the critical openness of the ongoing Europeanisation of law process, and facilitates a form of organically-evolving social validity for this process and the resultant legal structure of the EU.
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Al, Qudah Mouaid, University of Western Sydney, College of Law and Business, and School of Law. "Individual autonomy as a basis of criminal complicity in New South Wales and Jordan : a comparative study." 2005. http://handle.uws.edu.au:8081/1959.7/25453.
Full textAbstract:
This dissertation is a comparative study of the law of criminal complicity in Jordan (a civil law jurisdiction), and in New South Wales (NSW) (a common law jurisdiction). It addresses the basis of criminal culpability of individuals, and explores the extent to which the basis of such culpability rests on the autonomy and autonomous actions (or inactions) of individuals. Ideas of such autonomy have been integral to western ethical, political and legal thinking since the seventeenth century. The analysis in this dissertation raises issues where the criminal law does not adequately take into account the limits on individual autonomy in relation to liberty of action, freedom of choice and effective deliberation. These issues highlight that a more serious and deeper understanding of individual autonomy as a ground of culpability must be taken into account by law-makers, to ensure that the grounds of criminal culpability more adequately reflect the limits on people’s individual autonomy in modern society today.Doctor of Philosophy (PhD)
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Millar, Hayli Anne. "Standards for effective transitional justice decision-making: lessons from South Africa and East Timor." 2007. http://repository.unimelb.edu.au/10187/2356.
Full textAbstract:
This thesis examines the valuation of transitional justice. It argues the need for and advances a more theoretically expansive set of ideal standards that can be used to assess the process and substantive outcomes of transitional justice decision-making. In so doing, it advocates a victim-inclusive and sustainable model of justice. Effective decision-making is understood in ideal terms as being :(l) politically and publicly inclusive; (2) methodically planned; (3) politically purposive; and (4) legally comprehensive in the sense of equally recognising state obligations and victim rights.
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Omaji, Paul Omojo. "Labour law in Australia and Nigeria : a comparative study in the sociology of legislation." Phd thesis, 1992. http://hdl.handle.net/1885/132443.
Full textAbstract:
This thesis attempts a comparative sociology of the labour law in Australia and Nigeria.
It finds that there are fundamental similarities between the compulsory arbitration laws
of both countries which cannot be adequately explained, simply, in terms of race,
geography or stages of industrial development. The thesis outlines in considerable
details two broad sociological perspectives on law, the autonomy model and the social
product model, and uses the insights of these two approaches to explain the observed
similarities.
The thesis shows that the 1904 Australian law was transplanted to Nigeria in the period
1968-76. Further, it shows that although at first sight Australia in 1904 is very different
from Nigeria in 1968, the respective social circumstances (particularly the social
control traditions) were remarkably similar, thus allowing the borrowing of the
Australian legislation by Nigeria. The few differences which the thesis identifies
suggest that the borrowing was not a case of blind legal transplantation.
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Al, Qudah Mouaid. "Individual autonomy as a basis of criminal complicity in New South Wales and Jordan : a comparative study." Thesis, 2005. http://handle.uws.edu.au:8081/1959.7/25453.
Full textAbstract:
This dissertation is a comparative study of the law of criminal complicity in Jordan (a civil law jurisdiction), and in New South Wales (NSW) (a common law jurisdiction). It addresses the basis of criminal culpability of individuals, and explores the extent to which the basis of such culpability rests on the autonomy and autonomous actions (or inactions) of individuals. Ideas of such autonomy have been integral to western ethical, political and legal thinking since the seventeenth century. The analysis in this dissertation raises issues where the criminal law does not adequately take into account the limits on individual autonomy in relation to liberty of action, freedom of choice and effective deliberation. These issues highlight that a more serious and deeper understanding of individual autonomy as a ground of culpability must be taken into account by law-makers, to ensure that the grounds of criminal culpability more adequately reflect the limits on people’s individual autonomy in modern society today.
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Tyler, John. "A Pragmatic Standard of Legal Validity." Thesis, 2012. http://hdl.handle.net/1969.1/ETD-TAMU-2012-05-10885.
Full textAbstract:
American jurisprudence currently applies two incompatible validity standards to determine which laws are enforceable. The natural law tradition evaluates validity by an uncertain standard of divine law, and its methodology relies on contradictory views of human reason. Legal positivism, on the other hand, relies on a methodology that commits the analytic fallacy, separates law from its application, and produces an incomplete model of law.
These incompatible standards have created a schism in American jurisprudence that impairs the delivery of justice. This dissertation therefore formulates a new standard for legal validity. This new standard rejects the uncertainties and inconsistencies inherent in natural law theory. It also rejects the narrow linguistic methodology of legal positivism.
In their stead, this dissertation adopts a pragmatic methodology that develops a standard for legal validity based on actual legal experience. This approach focuses on the operations of law and its effects upon ongoing human activities, and it evaluates legal principles by applying the experimental method to the social consequences they produce. Because legal history provides a long record of past experimentation with legal principles, legal history is an essential feature of this method.
This new validity standard contains three principles. The principle of reason requires legal systems to respect every subject as a rational creature with a free will. The principle of reason also requires procedural due process to protect against the punishment of the innocent and the tyranny of the majority. Legal systems that respect their subjects' status as rational creatures with free wills permit their subjects to orient their own behavior. The principle of reason therefore requires substantive due process to ensure that laws provide dependable guideposts to individuals in orienting their behavior.
The principle of consent recognizes that the legitimacy of law derives from the consent of those subject to its power. Common law custom, the doctrine of stare decisis, and legislation sanctioned by the subjects' legitimate representatives all evidence consent.
The principle of autonomy establishes the authority of law. Laws must wield supremacy over political rulers, and political rulers must be subject to the same laws as other citizens. Political rulers may not arbitrarily alter the law to accord to their will.
Legal history demonstrates that, in the absence of a validity standard based on these principles, legal systems will not treat their subjects as ends in themselves. They will inevitably treat their subjects as mere means to other ends. Once laws do this, men have no rest from evil.