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1
Dean, Camille K. « True Religion : Reflections of British Churches and the New Poor Law in the Periodical Press of 1834 ». Thesis, University of North Texas, 1993. https://digital.library.unt.edu/ark:/67531/metadc278395/.
Texte intégralRésumé :
This study examined public perception of the social relevance of Christian churches in the year the New Poor Law was passed. The first two chapters presented historiography concerning the Voluntary crisis which threatened the Anglican establishment, and the relationship of Christian churches to the New Poor Law. Chapters 4, 5, and 6 revealed the recurring image of "true" Christianity in its relation to the church crisis and the New Poor Law in the working men's, political, and religious periodical press. The study demonstrated a particular working class interest in Christianity and the effect of evangelicalism on religious renewal and social concerns. Orthodox Christians, embroiled in religious and political controversy, articulated practical concern for the poor less effectively than secularists.
2
Abuzaid, Dina. « Reform of the 'doctrine of utmost good faith' : a comparative study between the UK and Saudi Arabia ». Thesis, University of Stirling, 2018. http://hdl.handle.net/1893/28038.
Texte intégralRésumé :
In the UK and Saudi Arabia, it is necessary for the contracting parties in insurance contracts to comply with the requirement of the doctrine of utmost good faith. In recent years, the doctrine of utmost good faith and the mutual duties of the contracting parties have developed in different ways in each jurisdiction. Both jurisdictions provide consumer protection in insurance markets by Consumer Insurance (Disclosure and Representation) Act 2012 in the UK and Insurance Consumer Protection Principles 2014 in Saudi Arabia. However, there are many differences between the conduct of each jurisdiction since the coming into force of the Insurance Act 2015 in the UK, which revolutionised the insurance law in several key areas. This thesis particularly aims to critically analyse the reform of the doctrine of utmost good faith and looks at how the current reform impacts on the interpretation of this doctrine between the UK and Saudi jurisdictions. This study critically analyses the insureds’ pre-contractual duties for consumers and businesses in the UK with a comparison to Saudi law.
3
Lane, Jacqueline Ann. « A watershed decade in British industrial relations, 1965 to 1974 ? : the Donovan Commission Report, 'In Place of Strife', and the Industrial Relations Act of 1971 ». Thesis, University of Huddersfield, 2017. http://eprints.hud.ac.uk/id/eprint/34157/.
Texte intégralRésumé :
The Donovan Report (1965-1968) is often seen as one of the great failures in the overall attempt to deal with the thorny problem of the contentious nature of industrial relations in post-war Britain. This thesis re-examines that report and subsequent governmental responses, using numerous sources, many of which have barely been used by previous authors, in order to establish where it all went wrong. Such an examination is important to inform future governments on some of the problems of trying to legislate on industrial relations matters. This thesis addresses the central question addressed by the Report – the validity of employing legislation to deal with the problems within industrial relations, asking what contribution had legislation made to the ordering of industrial relations in the past, and what lessons future governments could take from that? Why did both the Labour Governments under Harold Wilson and the Conservative Government under Edward Heath choose to go beyond Donovan in their attempts to alter the role of the state in industrial relations Finally, could the Industrial Relations Act 1971, had it survived, have been to the benefit of trade unions in time? This thesis suggests that legislation had an important role to play in the ordering of industrial relations, and that collective bargaining alone, although effective in many areas, was unable to address issues which had wider implications, such as those relating to health and safety or the reconciliation of differences due to the laws’ interference with trade unions’ rights to defend their members and their own collective rights. Both the Labour and Conservative Governments chose to go beyond the measures proposed by Donovan because economic and political necessity demanded a greater measure of control over strike action. However, the inquiry had undoubtedly focused the debate on whether or not legislation could ever be the most appropriate tool for controlling industrial relations, and therefore acted as a catalyst for the reforms that followed. The Industrial Relations Act 1971 failed to bring about the hoped-for industrial peace. Its repeal in 1974, however, did nothing to prevent further rises in strikes after 1974. Piecemeal legislation in the 1980s and 1990s did bring about a greater level of industrial peace, but this suggests that it was not legislation per se that was the wrong strategy for controlling industrial relations, but rather the method and pace of implementation. Other means of maintaining industrial peace were experimented with and could have been successful if the political will had been there and the unions and employers had engaged more fully,but the seeds had been sown for legislative control and it was impossible to hold back the tide of restrictive legislation which followed these early forays into the concept of law as a means of controlling industrial relations. The Donovan Report did indeed represent the thin end of the legal wedge and opened the floodgates to the many enactments designed to control and emasculate the trade union movement which the Conservative governments of the 1980s and early 1990s were able to introduce. The collective failures of the Donovan Report, In Place of Strife and the Industrial Relations Act to bring about industrial peace were, however, only indicative that legislation was not the most appropriate means of achieving this goal at this particular point in time. Alternative attempts to reduce strikes and engage trade unions in closer working relationships with employers and their associations, and with the government, did meet with some success in the 1970s and may be usefully attempted again in the future. This will, however, depend on whether government is able to keep an open mind on the utility, or perhaps futility, of legislative controls such as those attempted in the years between 1965 and 1975.
4
Davis, Camille Marie. « Why the Fuse Blew : the Reasons for Colonial America’s Transformation From Proto-nationalists to Revolutionary Patriots : 1772-1775 ». Thesis, University of North Texas, 2015. https://digital.library.unt.edu/ark:/67531/metadc804870/.
Texte intégralRésumé :
The most well-known events and occurrences that caused the American Revolution are well-documented. No scholar debates the importance of matters such as the colonists’ frustration with taxation without representation, the Boston Massacre, the Boston Tea Party, and the Coercive Acts. However, very few scholars have paid attention to how the 1772 English court case that freed James Somerset from slavery impacted American Independence. This case occurred during a two-year stall in the conflict between the English government and her colonies that began in 1763. Between 1763 and 1770, there was ongoing conflict between the two parties, but the conflict temporarily subsided in 1770. Two years later, in 1772, the Somerset decision reignited tension and frustration between the mother country and her colonies. This paper does not claim that the Somerset decision was the cause of colonial separation from England. Instead it argues that the Somerset decision played a significant yet rarely discussed role in the colonists’ willingness to begin meeting with one another to discuss their common problem of shared grievance with British governance. It prompted the colonists to begin relating to one another and to the British in a way that they never had previously. This case’s impact on intercolonial relations and relations between the colonies and her mother country are discussed within this work.
5
Dickson, Anne E. (Anne Elizabeth). « Judicial control of arbitration - Great Britain ». Thesis, McGill University, 1993. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=57006.
Texte intégralRésumé :
This thesis examines the role of judicial control of arbitration with specific reference to the differing positions adopted in England and Scotland.Chapter I examines the historical patterns in each of these jurisdictions in relation to judicial review of arbitration, concluding that current differences are largely due to divergent economic and social conditions persisting over a substantial period of time.
Chapter II outlines the thinking behind the UNCITRAL Model Law on International and Commercial Arbitration, contrasting the theories which attract support in other States with those in favour in England and Scotland.
Chapter III examines the conclusions of the Mustill and Dervaird Committees which considered implementation of the UNCITRAL Model Law in England and Scotland respectively. It is concluded that the historical factors outlined in Chapter I continue to play an influential role, leading to the rejection of the Model Law in England and its implementation in Scotland.
6
Hanekom, H. L. D. (Hendrik Lodewyk Deetlefs). « Die objek van outeursreg ». Thesis, Stellenbosch : Stellenbosch University, 1989. http://hdl.handle.net/10019.1/66768.
Texte intégralRésumé :
Thesis (LLM)--Stellenbosch University, 1989.ENGLISH ABSTRACT: English abstract not available
AFRIKAANSE OPSOMMING: Die tradisionele opvatting was dat Outeursreg gemoeid is met die beskerming van die materiele vorm waarin idees vasgele is. Sedertdien het die klem egter verskuif na die beskerming van die idee self mits dit egter in stoflike vorm vervat is. In hierdie tesis word ondersoek ingestel na wat presies die objek van Outeursreg is en watter rol stoflike aanbieding in Outeursreg sped. Ter aanvang word gekyk na die ontstaan en ontwikkeling van Outeursreg. Daar word gekyk na die pick wat Outeursreg in die regsisteem beklee met spesifieke verwysing na die tradisionele indeling van subjektiewe regte. Dit blyk hieruit dat Outeursreg, as bestaandeel van Immaterieel goedereg, 'n onstoflike regsobjek het nl. die produk van die outeur se geestesarbeid of dan sy idee. Die verwysing na die vereiste van stoflike aanbieding van idees verg egter nadere ondersoek. Die Wet op Outeursreg 98 van 1973 word ontleel met betrekking tot die aard van beskermde werke; vereistes vir Outeursregbaskerming; definisies van terme soos "outeur" en "maak" asook die van die onderskeie werke; die eiendomsregterminologie en skendingshandelinge. Regsvergelykend word oorsigtelik ook na die Amerikaanse Reg verwys. Uit hierdie ontleding blyk stoflikheid vir doeleindes van die tradisionele Outeursregwerke te verwys na tasbare aanbieding daarvan, mar dat sb 'n eng definisie nie gehandhaaf kan word ten opsigte van moderne tegnologiese ontwikkelings soos uitsendings en programdraende seine nie, aangesien hierdie werke van sä 'n aard is dat tasbare vasle:gging daarvan nie noodwendig altyd plaasvind nie. Onder die skrywers wat hierdie probleem bespreek is professors Copeling en Van der Merwe wat aan stoflikheid 'n alternatiewe, wyer betekenis toedig nl. kommunikeerbare of sintuiglik waarneembare aanbieding. 'n Botsing tussen die tradisionele en aanbevole definisie van stoflikheid in die regspraak word ook uitgewys. Ten einde tegnologie te akkommodeer word die wyer definisie van stoflikheid in hierdie tesis voorgehou. Die implikasies van hierdie wyer definisie van stoflikheid is egter verreikend. Professor Copeling bevestig dan ook dat dit die moontlikheid van Outeursreg in mondelinge kommunikasies inhou. Gevolglik word daar veral gekyk waarom idees as sulks beskerm word deur Onregmatige Mededinging, maar nie deur Outeursreg nie - 'n vraag wat beantwoord word met verwysing na die invloed van moderne tegnologie op die tradisionele indelings van die Immaterieel goederereg. Uit hierdie ondersoek blyk dit dat Onregmatige Mededinging berus op die Immaterieel goederereg in plaas van die Deliktereg. Die uitgebreide definisie van stoflikheid veroorsaak dat die bestaande indelings van Immaterie61 goedereregte versmelt. Dit ruim ook die huidige konflik rondom die vereiste van stoflikheid in die Wet op Outeursreg 93 van 1973 uit die weg. Laastens word kortliks gewys op die drastiese veranderinge in die spelreels vir inligtingsprodukte wat nodig sal wees om die balans tussen die aansprake van Outeursreghebbendes en die gemeenskap te handhaaf indien die uitgebreide definisie van stoflikheid aangewend word. Uiteindelik dien stoflikheid ook in sy uitgebreide vorm steeds die tradisionele doe om die werk af te skei van die maker se persoonlikheid en dit sodoende buite die mens gelee te maak.
7
Kramer, Adam. « Remoteness of damage in contract law : an agreement-centred approach ». Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31168.
Texte intégralRésumé :
This thesis concerns the legal rules of contractual remoteness: these rules govern the extent of liability that is imposed on a breaching party to compensate for the adverse consequences that the breach causes. It is argued that the allocation of responsibility for such consequences is contained implicitly in the contract: every contract extends beyond its express terms, and the allocation of responsibility for the consequences of breach is one of the matters to which it extends. This latter assertion is supported by the argument that an assumption of responsibility for the consequences of breach is a fundamental part of what it means to make a promise. Hence the rules of remoteness are merely a specialised application of the general legal principles that are used to discover the unexpressed part of an agreement. These legal principles can be seen in operation in the implication of terms and the interpretation of expressed terms.
8
Gollannek, Eric Frederick. « "Empire follows art" exchange and the sensory worlds of Empire in Britain and its colonies, 1740-1775 / ». Access to citation, abstract and download form provided by ProQuest Information and Learning Company ; downloadable PDF file, 427 p, 2008. http://proquest.umi.com/pqdweb?did=1625773591&sid=9&Fmt=2&clientId=8331&RQT=309&VName=PQD.
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9
Lee, Yin Harn. « Videogame modifications under copyright law ». Thesis, University of Cambridge, 2015. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.709009.
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10
Stark, Shona Wilson. « Law reform ... now ? : the work of the British Law Commissions ». Thesis, University of Cambridge, 2015. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.709320.
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11
Monaghan, Claire. « Performance review in British local government : an investigation of the current state of the art ». Thesis, University of Stirling, 1995. http://hdl.handle.net/1893/3270.
Texte intégralRésumé :
This thesis was precipitated by the observation that little is known about performance review activity in this country despite the introduction of a performance review system being proffered as one solution to the statutory value for money requirement. However, the research was not undertaken merely to fill an information vacuum. Delineating what lessons can be learned from current operations should assist local authorities embarking on the introduction of review systems in the future, particularly the `new' authorities emerging from Local Government Review and most notably in Scotland, where the statutory responsibility for ensuring value for money arrangements are in place, falls to the unitary authorities becoming operational on the 1st April 1996. Additionally, performance review may provide the framework in which policy achievements can be demonstrated, thus strengthening local government by reinforcing its policy role. This latter characteristicis likely to become critical if the trend towards enabling and decentralisation continues within the local government sector. An investigation of performance review was thus undertaken with postal questionnaires issued to chief executives and council leaders and a series of case studies, being used to accumulate research evidence. The findings are far-reaching and encompass the scale of review activity, the types of review system being utilised, attitudes to performance review, and establishing, operating and sustaining review systems. Insight was also gained about performance issues in authorities which had not implemented review processes. The operation of performance review is associated with significant benefits in many local authorities and there are useful lessons to be learned from these experiences as well as from those councils in which performance review has been less successful. These lessons are delineated within this thesis along with a set of good practice recommendations.
12
Kroeter, Chloe Melinda. « Art and activism : promoting change through British periodical illustration, 1893-1914 ». Thesis, University of Cambridge, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.648341.
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13
Dmytryuk, S. « Educational technologies in art and design higher education of great britain ». Thesis, Diamond trading tour, 2017. https://er.knutd.edu.ua/handle/123456789/8263.
Texte intégralRésumé :
The article provides an overview of different types educational technologies used for learning and teaching in Art and Design higher education of Great Britain. In particular, special attention is paid to the use of 3D visualization technology for educational purposes.
14
Williams, Claire Bryony. « An edition of National Art Library (Great Britain) MS. Dyce 44 ». Thesis, University of Sheffield, 2012. http://etheses.whiterose.ac.uk/3223/.
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15
Koch, Insa Lee. « Personalising the state : law, social welfare and politics on an English council estate ». Thesis, University of Oxford, 2012. https://ora.ox.ac.uk/objects/uuid:4335c11c-c0a5-44dc-bd15-5bbbfe2fee6c.
Texte intégralRésumé :
This dissertation offers a study of everyday relations between residents and the state on a post-industrial council estate in England. Drawing upon historical and ethnographic data, it analyses how, often under conditions of sustained exclusion, residents rely upon the state in their daily struggles for security and survival. My central ethnographic finding is that residents personalise the state alongside informal networks of support and care into a local sociality of reciprocity. This finding can be broken into three interconnected points. First, I argue that the reciprocal contract between citizens and the state emerged in the post-war years when the residents on the newly built estates negotiated their dependence upon the state by integrating it into their on-going social relations. A climate of relative material affluence, selective housing policies, and a paternalistic regime of housing management all created conditions which were conducive for this temporary union between residents and the state. Second, however, I argue that with the decline of industry and shifts towards neoliberal policies, residents increasingly struggle to hold the state accountable to its reciprocal obligations towards local people. This becomes manifest today both in the material neglect of council estates as well as in state officials' reluctance to become implicated in social relations with and between residents. Third, I argue that this failure on the part of the state to attend to residents' demands often has onerous effects on people's lives. It not only exacerbates residents' exposure to insecurity and threat, but is also experienced as a moral affront which generates larger narratives of abandonment and betrayal. Theoretically, this dissertation critically discusses and challenges contrasting portrayals of the state, and of state-citizen relations, in two bodies of literature. On the one hand, in much of the sociological and anthropological literature on working class communities, authors have adopted a community-centred approach which has depicted working class communities as self-contained entities against which the state emerges as a distant or hostile entity. I argue that such a portrayal is premised upon a romanticised view of working class communities which neglects the intimate presence of the state in everyday life. On the other hand, the theoretical literature on the British state has adopted a state-centred perspective which has seen the state as a renewed source of order and authority in disintegrating communities today. My suggestion is that this portrayal rests upon a pathologising view of social decline which fails to account for the persistence of informal social relations and the challenges that these pose to the state's authority from below. Finally, moving beyond the community-centred and state-centred perspectives, I argue for the need to adopt a middle ground which combines an understanding of the nature and workings of informal relations with an acknowledgement of the ubiquity of the state. Such an approach allows us to recognise that, far from being a hostile entity or, alternatively, an uncontested source of order, the state occupies shifting positions within an overarching sociality of reciprocity and its associated demands for alliances and divisions. I refer to such an approach as the personalisation of the state.
16
Keefer, Scott Andrew. « Great Britain and naval arms control : international law and security 1898-1914 ». Thesis, London School of Economics and Political Science (University of London), 2011. http://etheses.lse.ac.uk/319/.
Texte intégralRésumé :
This thesis traces the British role in the evolution of international law prior to 1914, utilizing naval arms control as a case study. In the thesis, I argue that the Foreign Office adopted a pragmatic approach towards international law, emphasizing what was possible within the existing system of law rather than attempting to create radically new and powerful international institutions. The thesis challenges standard perceptions of the Hague Peace Conferences of 1899 and 1907 which interpreted these gatherings as unrealistic efforts at general disarmament through world government, positing instead that legalized arms control provided a realistic means of limiting armaments. This thesis explores how a great power employed treaties to complement maritime security strategies. A powerful world government was not advocated and was unnecessary for the management of naval arms control. While law could not guarantee state compliance, the framework of the international legal system provided a buffer, increasing predictability in interstate relations. This thesis begins with an account of how international law functioned in the nineteenth century, and how states employed international law in limiting armaments. With this framework, a legal analysis is provided for exploring the negotiations at the Hague Conferences of 1899 and 1907, and in the subsequent Anglo-German naval arms race. What emerges is how international law functioned by setting expectations for future behaviour, while raising the political cost of violations. Naval arms control provided a unique opportunity for legal regulation, as the lengthy building time and easily verifiable construction enabled inspections by naval attachés, a traditional diplomatic practice. Existing practices of international law provided a workable method of managing arms competition, without the necessity for unworkable projects of world government. Thus failure to resolve the arms race before 1914 must be attributed to other causes besides the lack of legal precedents.
17
Sizer, Jared Roger Matthew. « Law and disorder in the 'middle shires' of Great Britain (1603-1625) ». Thesis, University of Cambridge, 2001. https://www.repository.cam.ac.uk/handle/1810/251794.
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Rafferty, S. J. « Legislative reform of the telecommunications industry : United States and Great Britain 1981-1985 ». Thesis, University of Oxford, 1986. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.371721.
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St, John-Smith Christopher. « The judiciary and the political use and abuse of the law by the Caroline regime, 1625-1640 ». Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:cf332e84-3b73-4e0b-86e8-b3ea55e41ced.
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In December 1640 the Long Parliament brought accusations against Lord Keeper Finch and six judges of the three main Westminster courts. These asserted the illegality of decisions and opinions given by these judges. This thesis examines those accusations and argues that the government of Charles I engaged in a defensible process of political management of the law and the judges to legitimate its policies particularly after the suspension of parliament in 1629. This policy emerged as a response to the government's difficulties in enforcing the payment of the Forced Loan caused by its dubious legality. The policy took advantage of important features of the contemporary relationship between the law and the government and it had five features. The most senior and able lawyers were recruited as government law officers and counsel. They amassed and used a substantial and well researched body of legal authority to support royal rights. The chief justices were appointed from amongst the government lawyers and were used as political managers of their courts. New incentives were offered as rewards for the most senior judges. Judicial views on aspects of government policy were sought in advance and the Privy Council was used to by-pass the judges if necessary. These features are examined in relation to government revenue policies including distraint of knighthood fines and the forest laws, and religious policies in relation to the application of the writ of prohibition to the economic condition of the Church and High Commission. The application of this analysis to the Ship Money Case is considered. It is concluded that the judges were manipulated rather than coerced and often successfully avoided the pressure by technical stratagems. Most importantly the government showed that it generally had the law on its side. That had serious political implications but went a long way towards exonerating the judges.
20
Sumbler, Jeffrey Peter. « Child poverty in Victorian Shropshire : children and the Shropshire Poor Law Unions 1834-1870 ». Thesis, Keele University, 2016. http://eprints.keele.ac.uk/2486/.
Texte intégralRésumé :
This thesis examines the lives of poor children living in Shropshire between 1834 and 1870. They lived in three different environments: in the workhouse, as part of a labourer’s family, or as part of a family in receipt of out-relief. The standard of living of the families of agricultural workers, the predominant form of employment in most of Shropshire, was very low, with wages too low to provide adequate levels of nutrition. Families in receipt of out-relief had an even lower standard of living than those of agricultural labourers, because levels of out-relief were lower than labourers’ wages. This thesis also examines the life that children led if they were inmates of the workhouse. Children in the workhouse received an education, the quality of which varied across the county, but was very good at the Bridgnorth workhouse school, latterly known as South East Shropshire District School. Poor children living at home would have had limited opportunity for education because of the cost. Medical care was organised by the Poor Law Union for indoor and outdoor paupers, and provided free. It was not provided for independent families. Apprenticeships were satisfactorily organised by the Shropshire Unions, though some apprentices were inappropriately placed in mines. Amounts of out-relief differed across Unions with those Unions committed to the use of the workhouse ungenerous in their payments when compared to Unions taking a positive view of out-relief. For poor children, life in the workhouse, despite its disadvantages, provided greater material benefits than a childhood spent in a poor labourer’s family or in a family on out-relief.
21
Smith, Malcolm. « Regulating IVF and pre-implantation tissue-typing for the creation of "saviour siblings" : a harm analysis ». Thesis, Queensland University of Technology, 2010. https://eprints.qut.edu.au/35798/1/Malcolm_Smith_Thesis.pdf.
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Scientific discoveries, developments in medicine and health issues are the constant focus of media attention and the principles surrounding the creation of so called ‘saviour siblings’ are of no exception. The development in the field of reproductive techniques has provided the ability to genetically analyse embryos created in the laboratory to enable parents to implant selected embryos to create a tissue-matched child who may be able to cure an existing sick child. The research undertaken in this thesis examines the regulatory frameworks overseeing the delivery of assisted reproductive technologies (ART) in Australia and the United Kingdom and considers how those frameworks impact on the accessibility of in vitro fertilisation (IVF) procedures for the creation of ‘saviour siblings’. In some jurisdictions, the accessibility of such techniques is limited by statutory requirements. The limitations and restrictions imposed by the state in relation to the technology are analysed in order to establish whether such restrictions are justified. The analysis is conducted on the basis of a harm framework. The framework seeks to establish whether those affected by the use of the technology (including the child who will be created) are harmed. In order to undertake such evaluation, the concept of harm is considered under the scope of John Stuart Mill’s liberal theory and the Harm Principle is used as a normative tool to judge whether the level of harm that may result, justifies state intervention or restriction with the reproductive decision-making of parents in this context. The harm analysis conducted in this thesis seeks to determine an appropriate regulatory response in relation to the use of pre-implantation tissue-typing for the creation of ‘saviour siblings’. The proposals outlined in the last part of this thesis seek to address the concern that harm may result from the practice of pre-implantation tissue-typing. The current regulatory frameworks in place are also analysed on the basis of the harm framework established in this thesis. The material referred to in this thesis reflects the law and policy in place in Australia and the UK at the time the thesis was submitted for examination (December 2009).
22
Halford, Jacob. « 'Of dialogue, that great and powerful art' : a study of the dialogue genre in seventeenth-century England ». Thesis, University of Warwick, 2016. http://wrap.warwick.ac.uk/87927/.
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This thesis examines the dialogue genre in seventeenth-century England. In 1681 when Henry Care established his periodical The Popish Courant he chose the format of a dialogue because people were ‘so set upon dialoging.’ Care’s choice of dialogue for his periodical is indicative of the popularity of dialogue in the seventeenth century. Yet, despite the popularity that dialogue enjoyed in this period it has not received comparative attention by scholars. This thesis seeks to address this gap and make two specific historiographical contributions. Firstly, it demonstrates how the digitization of early modern sources can enable scholars to approach literary history from perspectives that physical books prevent. Using the digital collections of Early English Books Online, British Periodicals Online, and Eighteenth Century Collections Online for its source material this thesis has used a database of dialogues to analyze the genre and provide contextual knowledge about the genre as a whole that can illuminate the rhetorical objectives behind specific uses of dialogue. This is particularly exposed in the final chapter that utilizes this contextual information to understand the appeal of dialogue in Roger L’Estrange’s Observator. Secondly this thesis adds to the growing number of studies of early modern genres such as pamphlets, newspapers, ballads, and chapbooks. The period under discussion was one of significant change in terms of political and social circumstances and this thesis demonstrates that dialogue was sensitive to these political events. By situating the dialogue within the broader print landscape of seventeenth-century England the thesis maps how dialogue adapted to changing circumstances with pamphlet dialogues, periodical dialogues, and dialogues of the dead, in particular emerging in response to social and political events. Looking at the dialogue in the context of other literary forms this thesis argues that the appeal of dialogue was its flexibility and ability to educate a broad range of people across all demographics of seventeenth-century England.
23
Lawrence, Ranald Andrew Robert. « Cultural climates : the municipal art school and the reformulation of civic identity in Victorian Britain ». Thesis, University of Cambridge, 2015. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.709252.
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Frei, Gabriela A. « Great Britain, international law, and the evolution of maritime strategic thought, 1856-1914 ». Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:306f9554-9b0a-4d0e-938e-9a5b515d7c6e.
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Letourneau, Lyne. « Animal protection law in Great Britain : in search of the existing moral orthodoxy ». Thesis, University of Aberdeen, 2000. http://digitool.abdn.ac.uk/R?func=search-advanced-go&find_code1=WSN&request1=AAIU602287.
Texte intégralRésumé :
Omnipresent in Western society, the idea of progress is commonly advanced in relation to the development of animal protection law in Great Britain. Essentially, it is argued that the law now recognises that animals are worthy of moral consideration in their own right, that is, that they count or matter morally. From the concept of "animal as object" to that of "animal as person", indeed, the history of Western philosophical thinking bears witness to a progressive acknowledgement of animals (or, at least, of some animals) as full members of the moral community, along with all human beings. However, as political theorist Robert Garner argues in his book Animals, Politics and Morality, public policy is never simply a product of moral principles. Rather, influenced by pressure groups, it is the result of a process based on negotiation and compromise. That being the case, in the present thesis, I ask whether Great Britain has truly been the scene of moral progress through the development of animal protection law and to what extent one may speak of moral progress at all in relation to this area of law. Is animal protection law in Great Britain moving away from the traditional moral position that animals are exclusively means to human ends, thereby granting moral standing and equal moral status to animals The answer to this question lies with identifying the philosophical conception of the relations between humans and animals which is expressed through the body of animal protection law in this country. For animals' moral status within the law ensues directly from it. In the first chapter, following the great influence the position plays in the contemporary debate over our moral treatment of animals, I use Tom Regan's theory of animal rights to assess whether animal protection law in Great Britain reflects a conception of human-animal relations that is consistent with a recognition that animals possess moral rights. In the second chapter, I defend the view that animal protection law in Great Britain does not reflect utilitarianism - a position that has been popularised in animal ethics by moral philosopher Peter Singer. In the third chapter, building on the distinctive features of animal protection law in Great Britain which have emerged from the analysis in Chapters I and II, I contend that the law reflects "group egoism" - a form of consequentialism which falls between ethical egoism and utilitarianism. To be sure, what comes forth as the dominant position underlying animal protection law in Great Britain is that human beings protect animals only to the extent to which benefit is provided to them in return, or, at the very least, to the extent that so doing does not impinge on their interests in animal use. Does this position represent any kind of moral progress In the context of changing human attitudes towards animals and the development of animal protection law, I argue that it does. However, this moral progress carries no recognition that animals are worthy of moral consideration in their own right, that is, that they count or matter morally. Far from doing away with the traditional position that animals are exclusively means to human ends, animal protection law in Great Britain fits in with this way of thinking and grants to animals an instrumental value only.
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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.
Texte intégralRésumé :
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.
27
Georgescu, Ana-Luiza. « Certain tax aspects of corporate divisive reorganizations in Canada and the UK ». Thesis, McGill University, 2004. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=81470.
Texte intégralRésumé :
A divisive reorganization involves a series of transactions having as effect and purpose the division of the trading activities carried on by a single company or group of companies between two or more companies or groups of companies. This can be achieved by a sale of assets or by a transfer of shares belonging to the corporation to be divided, which would generally give rise to taxable capital gains.The thesis analyzes the tax implications of these two approaches, with particular focus on the latter, attempting a comparative view over the UK and Canadian relevant provisions. The two substantive chapters present the UK and, respectively, Canadian rules governing the treatment of disposal of corporate assets and shares, the available reliefs from capital gains taxation, as well as the special requirements for achieving tax-free demergers. Conclusions are aimed at suggesting a more simplified approach for Canadian divisive reorganizations, with a greater degree of codification.
28
al-Haddad, Haitham. « A critical analysis of selected aspects of Sunni Muslim minority fiqh, with particular reference to contemporary Britain ». Thesis, SOAS, University of London, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.680163.
Texte intégral
29
Mikasa, Princess Akiko of. « Collecting and displaying 'Japan' in Victorian Britain : the case of the British Museum ». Thesis, University of Oxford, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.669978.
Texte intégral
30
Dean, Fiona. « Border crossings : in/exclusion and higher education in art and design ». Thesis, University of Stirling, 2004. http://hdl.handle.net/1893/3542.
Texte intégralRésumé :
This study explores ideas of inclusion and exclusion - in/exclusion - within art and education contexts, more specifically how they shift and alter within the processes of selection to one Scottish institution of Higher Education in Art and Design. The empirical focus of selection is told through detailed narratives that follow the thinking and responses of a diversity of selectors to the visual and written submissions of wide ranging applicants. These discussions make visible the ways in which candidates are deliberated into and out of the institution and are layered further by a broader quantitative look, exploring how this detail plays out more widely in the chances of in/exclusion across all applicants. This research has implications for a number of areas, including policy and practice on social in/exclusion, particularly as it relates to the arts and Higher Education. However, it is not solely an access or admissions study; it tries to extend understanding and approaches to in/exclusion by questioning what people are being included into as well as the ways of in/excluding. It gets inside and lays open a process of decision-making that has not previously been explored in this kind of depth and is made visible here through an often troubling, personal, methodological and theoretical assemblage of stories and crossings. My own shifts as a learner, artist and educator en/unfold with selection narratives and rich visual images that confront and question issues of representation, difference and risk as they surface within the research. It is this very detail of insight, getting inside those areas that are often unspoken and unseen that makes this investigation so unusual, adding new layers of questioning and understanding to the many approaches that exist in thinking and acting on in/exclusion. If there was any sense that in/exclusion to Higher Education in the Arts and Design might be determined or resolved simply by altering indicators and numbers in terms of social class, education or the spatiality of where an individual lives, then this study offers a different kind of view. It reveals a more complex process of looking and decision-making, in which selectors often try to see beyond the surface of the visual and written in search of the individual. It shows the shifting balance in what is looked for in a process that is fraught with chance, ethics, trust and emotional dilemmas. In doing so, it makes the case for a more reflexive and ontological engagement in approaches to in/exclusion. Nothing is certain. In/exclusion becomes an assemblage of elements that displace across selectors, taking new forms and combinations that are rooted in qualities that applicants bring with them as well as what selectors bring into the process. How these fold together can lead to very different outcomes.
31
Clark, Janet. « Striving to preserve the peace ! : the National Council for Civil Liberties, the Metropolitan Police and the dynamics of disorder in inter-war Britain ». Thesis, n.p, 2007. http://ethos.bl.uk/.
Texte intégral
32
Widd, Peter G. « The seafarer, piracy and the law : a human rights approach ». Thesis, University of Greenwich, 2008. http://gala.gre.ac.uk/6893/.
Texte intégralRésumé :
Piracy at sea has existed almost since voyaging began and has been effectively subdued from time to time, principally by the Roman Imperial Navy in the 1st C and the British Navy in the 19th C. Over the past twenty five years piracy has once again been increasing such that it has now become of serious concern to the maritime community, in particular the seafarer, who as always bears the brunt of these attacks. In parallel with piracy itself the laws of piracy have developed from the Rhodian Laws through Roman Law, post Treaty of Westphalia Law both British and American until today the Law of Piracy is embodied in the United Nations Convention of the Law of the Sea (UNCLOS) of 1982. Under this Law piracy can only be committed on the high seas and with UNCLOS increasing the limit of the territorial sea from 3m1. to 12ml. many of the attacks upon shipping today cannot, legally, be classed as piracy but as armed robbery. Piracy and armed robbery at sea can consist of one or more of the following crimes upon the person: murder, violence actual or implied, rape, torture and disappearance and are considered a violation of the seafarers' human rights. The incidents and court cases cited in the thesis provide the basic information and evidence for this. On the high seas the flag state has jurisdiction over the ship flying its flag and all on board whatever their nationality. In the territorial sea the coastal state has jurisdiction over the safe passage of a ship and is responsible for maintaining order. Many of the states in whose territorial sea these attacks take place are considered failing states unable to maintain order at sea due to lack of political will, resources and corruption. These are matters of law, international relations and the structure of a globalised maritime industry. In effect this thesis argues that the flag or coastal State is failing by omission to uphold the human rights of the seafarer over whom it has jurisdiction. The seafarer may be able in one of the Human Rights Courts to obtain redress from these States but there are many prerequisites which are addressed in detail.
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De, Cogan Dominic Arthur. « Tax by law or by administrators : the changing boundaries between 1900 and 1950 ». Thesis, University of Cambridge, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.610228.
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34
Smith, Robert. « Neolithic rock-art in the north of Europe : structures, discourses and agency ». Thesis, University of Liverpool, 2015. http://livrepository.liverpool.ac.uk/2018533/.
Texte intégralRésumé :
Archaeology involves creating meaningful narratives of prehistoric societies, using only the remains of their material culture. This study focuses on Neolithic rock-art in two very different regions – Jämtland (Northern Sweden) and Cumbria (North West England) – seeking to explore, directly, the ‘meaningfulness’ of this art. During the Neolithic period in Britain (c. 4000-2400 BC) and Northern Sweden (c. 4000-1800 BC), rocky outcrops were elaborated either by pecking abstract designs (Britain) or by carving and painting animal and human representations (Northern Sweden). Prehistoric rock-art in Britain and Scandinavia is usually understood and made ‘meaningful’ in relation to one, or a combination of, methodological approaches: it may be understood as part of the landscape (experienced through the human body (phenomenology)), or given meaning in light of ethnographic evidence. All of these approaches, however, ignore the subtle ways in which the rock-art itself was structured. The study, presented here, employed three methodological approaches in order to attempt to understand rock-art in a new and, arguably, more meaningful way. Firstly, a structure- based approach involved establishing the primary methods that the carvers used to create meaningful rock-art narratives. Secondly, a discourse- based approach was used to uncover how these basic design forms were articulated, to allow communication and dialogue of Neolithic ideas into the sphere of social practice (discourse being an attempt to identify themes within the rock-art narratives, which act as intermediaries between structure and agency). Finally, the third agency- based approach blends structure with discourse (agency allowed meaningful social action to occur during the Neolithic). The structure-based approach in Cumbria revealed that the art of the central fells region was based on the manipulation of natural and cultural cups or circles into linear patterns. This is in contrast with the approach in eastern Cumbria, where the reverse was found- with lines being manipulated into circular shapes. In Jämtland, the fundamental structure of the art was based on the division of elk into both male/female and moving/stationary categories. The results of the discourse methodology revealed that three themes dictated the style of rock-art carvings during the Neolithic, in both Cumbria and Jämtland; naturalistic, stylised and abstract. The agency approach concluded that the visual statements made using the rock-art were examples of agents’ changing relationship with the natural world and the resources it contained- especially the quarrying of stone for axes. Metaphorically, it is argued that the three changing discourses of rock-art were a reflection of the changing relationship people had with the quarrying of stone and its exchange. One of the main implications of this research is the finding that there is still a place for investigating rock-art and material/visual culture. Furthermore, using the methodological approach of this research, we are in a position to explore some of the deeper dimensions of visual culture, and its relationship to social structure and agency, in the Neolithic.
35
Marfella, Claudia. « Art, industrial design, science and popular culture : modernism and cross-disciplinarity in Italy and Great Britain, 1948-1963 ». Thesis, Kingston University, 2015. http://eprints.kingston.ac.uk/33746/.
Texte intégralRésumé :
Conceived inside a chronological frame, which starts in 1948, the year the Institute of Contemporary Arts in London founded, and ends in 1963, when Gillo Dorfles wrote a crucial essay on industrial design, concluding more than a decade of discussions, the thesis aims to examine some artistic and cultural phenomena identified in Italy and Great Britain, and seen as the acknowledgement or as the reaction to modernity. Topics and fields taken in consideration within the thesis are technology, science (fact and fiction), vision of the future, the relationship between arts and the awareness of industrial design as a new discipline. All these aspects, that might seems unusual in relationship with visual arts, are perceived as the expression of a second phase of Modernism. The British personalities included in the thesis are Reyner Banham, Richard Hamilton, Nigel Henderson, John McHale, Eduardo Paolozzi, Alison and Peter Smithson, all members of the Independent Group. With the presence of architects, visual artists, photographers, critics and, in a broader sense, designers, the group encompassed a variety of popular interests, with the inclusion of mass‐produced goods. The Italian figures presented in the thesis – Gillo Dorfles, Bruno Munari, Ettore Sottsass and Giuseppe Pinot‐Gallizio – focused on industrial design objects, viewed as a new artistic branch, to promote, to plan or to question. Other recurring figures analysed in the thesis are Max Bill, Asger Jorn and Tomás Maldonado, who give international connections to the themes and British and Italian personalities examined. In order to provide a wider understanding of the 1950s and their crucial function in the story of post‐war Europe, the thesis aims to emphasise the role played at different level by British and Italian visual artists, designers and critics, and explain the reasons that, in the following decade, would push Italy in its industrial miracle and Great Britain at the peak for its popular culture, pop music and fashion creativity.
36
Dicken, Craig Arthur. « Settlement, landscape and identity in medieval royal forests : the impact of forest law on Sherwood and the Peak, c. AD 650 to 1348 ». Thesis, University of Nottingham, 2018. http://eprints.nottingham.ac.uk/51926/.
Texte intégralRésumé :
This research looks to present a reinterpretation of medieval forests, the least well understood landscapes of medieval Western Europe. The thesis focuses on the Forest of High Peak and Sherwood Forest and seeks to address several key themes, including the diversity of forest landscapes, the long-term impact of Forest Law, and evidence for power-relations and social dynamics within the forests. A wide variety of sources are utilised within this research, including map analysis and regression techniques, analysis of material culture, documentary sources, place names, church architecture, and funerary monuments. Evidence is found for forests having had a dynamic landscape character, including not only woodland, but also moorland, farmland, industrial areas, and urban areas, as well as a range of human activities that included mining, glass and charcoal manufacture, ironworking, leatherworking, carpentry, construction, and intensive arable and pastoral farming. Far from being universally oppressive, it emerges that through its protection of woodland Forest Law also preserved common rights and areas of royal demesne, the impact of which was a high degree of peasant agency during the medieval period.
37
Alphin, Judson Wayne. « The early military thought of Winston S. Churchill ». Thesis, University of Oxford, 2015. https://ora.ox.ac.uk/objects/uuid:be81c453-5166-4e6a-b4ce-c443706e2dd9.
Texte intégralRésumé :
Winston S. Churchill was a war leader during two world wars, and yet there are few substantive studies of his younger years when he was a practising soldier. This thesis aims to study the early intellectual development of Churchill in those areas which have direct impact on the art of war. The chapters are arranged narratively (Chapters 2-3) and thematically (Chapters 4-8). The introduction covers the scope and methodology of the work. Chapters 2-3 give an account of Churchill's early years, and trace the development of several prominent features of his character that helped form and inform the presuppositions of his later military intellectual development. Chapter 4 addresses Churchill's interactions with late Victorian cavalry doctrine and debate. Chapters 5-7 each address themes of an expanding scope of influence and conceptualization: first, the tactics of war; second, the policy and strategy of war; and finally, Churchill's conceptions of war. The conclusion summarizes the hallmarks and syntheses of Churchill's early military intellectual development, and identifies judgments which can be drawn about his perspicacity as soldier and commander.
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Langford, Peter James Edward. « State, law and prosecution : the emergence of the modern criminal process 1780-1910 ». Thesis, University of Warwick, 1993. http://wrap.warwick.ac.uk/80311/.
Texte intégralRésumé :
This thesis deals with the emergence of the modern criminal process in England between 1780 and 1910 . It seeks to investigate this period from a standpoint which regards this development of the criminal process as intimately related to its internal structure and self-understanding. This is understood to occur through transformations in institutional structures produced by both the practices of the elements within it, and changes in the theoretical conceptualisation of the structure of the criminal process. The character of these developments, and the tendencies which they evince, are seen to be generally negative from the perspective of a theory of society which is intimately connected with an interest in emancipation. The relation between law, state and democracy is seen to be an essentially problematic one which does not conform to the ideas of progress, equality or liberty but to the maintenance of the survival of a social system which is seen as constantly at risk from a threatening environment of individuals whose obedience to the structure of the social order must be obtained continuously. The thesis is the result of original research which draws upon both original and secondary sources. The methodology used in writing the thesis is a combination of historical analysis and theoretical perspectives. There is a focus upon modern developments and it is hoped that the thesis will inform current debate on the future of the criminal process. The thesis is divided into four main chapters which concentrate upon particular parts of the criminal process in both their specificity and in their relation to the system and society as a whole. The first deals with the development of the institutional autonomy of the "New Police", during the nineteenth century, setting it in the context of the system of local governance. The second examines the system of prosecution describing the failure to institute a system of public prosecution and the predominance of the "New Police" as prosecutors in a system which remained private merely in form. The third deals with the position of the defendant during this process of transformation in the criminal process and presents its evolution as one which accorded with internal systemic considerations of the criminal process, and not as one which could be seen as the unfolding of the concept of freedom, equality or universality. The fourth deals with the creation of the Court of Appeal in 1907 which is seen, not as the institutional embodiment of justice, but as the product of the internal concerns of the Home Office Criminal Department with the systemic coherence and legitimacy of the criminal process.
39
Mehta, Khurram Alex. « The experience of integrated pollution control : perspectives from industry ». Thesis, University of Oxford, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.670234.
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40
Harfield, Clive Geoffrey. « Process and practicalities : mutual legal assistance and the investigation of transnational crime within the EU from a UK perspective, 1990-2004 ». Thesis, University of Southampton, 2004. https://eprints.soton.ac.uk/194559/.
Texte intégralRésumé :
Domestic criminal law helps define State sovereign identity. Over the past fifty years some criminality has become increasingly transnational in character. In the absence of a universal criminal code (as opposed to specified international crimes), States apply municipal law to prosecute offences of a transnational nature relying on mutual legal assistanceto secure evidence located outside the prosecuting State. A comparatively late contributor to the development of mutual legal assistance the UK now seeks to influence the work of the EU in developing a legal framework upon which to base mutual legal assistance and enhanced international law enforcement co-operation. The course of this developmentis outlined. This thesis examines through questionnaire and interview data, investigator and prosecutor experience of mutual legal assistance mechanisms in gathering of evidence from abroad for use at trial in England and Wales. Comparisons are made with data from an earlier survey of UK police (1996) and with an evaluation of mutual legal assistance administrative mechanisms within the EU (1999-2001) in order to identify changes in investigator experiences since the EU began to drive the strategic development of regional international law enforcement co-operation with the Treaty of Amsterdam and to assess whether politicians and administrators are delivering the solutions needed by investigators working across national borders. Set within the legislative context of the Criminal Justice (International Co-operation) Act 1990, the data indicate that neither this regime nor the emerging EU framework were addressing all practitioner concerns. Political responsesto the New York terrorist attacks of September 2001, which occurred during data gathering for this thesis, accelerated legislative construction in the UK and the EU. Updated to include discussion of these changes (some still not yet entered into force), the thesis now provides a benchmark against which to assess their impact in due course.
41
Hoban, Sally. « The Birmingham Municipal School of Art and opportunities for women's paid work in the Art and Crafts Movement ». Thesis, University of Birmingham, 2014. http://etheses.bham.ac.uk//id/eprint/5124/.
Texte intégralRésumé :
This thesis is the first to examine the lives and careers of professional women who were working within the thriving Arts and Crafts Movement in Birmingham in the late nineteenth and early twentieth centuries. It utilises previously unresearched primary and secondary sources in art galleries, the Birmingham School of Art and local studies collections to present a series of case studies of professional women working in the fields of jewellery and metalware, stained glass, painting, book illustration, textiles and illumination. This thesis demonstrates that women made an important, although currently unacknowledged, professional contribution to the Arts and Crafts Movement in the region. It argues that the Executed Design training that the women received at the Birmingham Municipal School of Art (BMSA) was crucial to their success in obtaining highly-skilled paid employment or setting up and running their own business enterprises. The thesis makes an important new contribution to the historiography of The Arts and Crafts Movement; women's work in Britain in the late nineteenth and early twentieth centuries; the history of education and the industrial and artistic history of Birmingham.
42
Pond, Keith. « Investigating personal insolvency : a progression of studies into individual voluntary arrangements ». Thesis, Loughborough University, 2007. https://dspace.lboro.ac.uk/2134/3039.
Texte intégralRésumé :
This doctoral submission represents over ten years of focused research that has resulted in a unique collection of academic and professional articles. The epithet "unique" is adopted to reflect that over those years this area of study has been relatively untouched by other academic researchers. This submission presents a total of eight academic and seven professional journal publications that chronicle the major output of numerous research projects undertaken between 1992 and 2002. The publications adhere to a central aim - to investigate the practical use and complex interactions between stakeholders of the individual insolvency rescue vehicle the Individual Voluntary Arrangement (IVA). The research projects employed a variety of relevant methodologies to populate an emerging conceptual model of the prime factors affecting the incidence, usage and outcomes of IVA cases. The first five articles report and develop the data collected during the various projects. The articles build on each other, analysing results and comparing these with previous studies to underline reliability in the data. The final three articles draw threads from the research data and develop the conceptual model further. As a research progression this submission contains all of the necessary ingredients of a doctoral thesis. It focuses on a discrete body of knowledge, builds on a conceptual model, gathers valuable data and tests it, draws strong conclusions and, finally, establishes and contributes new theory in this area of study.
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Hosain, Sheema. « Re-examining the role of Islam and South Asian culture in the public discourse of forced marriage in the UK ». Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=98933.
Texte intégralRésumé :
In the late 1990's, various British news agencies reported cases of British-born South Asian Muslim women who forced into marriages. In 2000, the UK government produced a study that determined there were 400 British cases of "forced marriages" reported to UK police in a two year period. In response to these findings, the UK government launched an educational prevention campaign, in which they defined forced marriage as "a marriage conducted without the valid consent of both parties". I argue that, while the aim of the UK government's campaign is to promote the right of choice in marriage, they do not critically examine legal, religious, political and economic issues that may limit the ability of some British South Asian Muslim women to exercise that right. This study examines these issues to develop a better understanding of the link between culture, religion and forced marriage in certain British South Asian Muslim families.
44
Wiltshire, Imogen. « Therapeutic art concepts and practices in Britain and the United States (1937-1946) ». Thesis, University of Birmingham, 2017. http://etheses.bham.ac.uk//id/eprint/7492/.
Texte intégralRésumé :
This thesis provides the first analysis of occupational therapy and art therapy from an art historical viewpoint. Based on archival material, it examines how modern artists, art pedagogues, schools and museums theorised, implemented and publicised therapeutic art-making practices. It focuses on four case studies in Britain and the US (1937-1946): occupational therapy by László Moholy-Nagy at the School of Design, founded as the New Bauhaus (Chicago); art therapy by Arthur Segal (London and Oxford); Northfield Military Hospital (Birmingham); and The Arts in Therapy exhibition series at the Museum of Modern Art (New York). Elucidating the concepts, practices and display of therapeutic art across these institutions, this research presents new intersections between modern art and medicine. It contributes to the history of art, the history of healing, and the growing medical humanities concerned with their entanglement. Therapeutic approaches defined art as an experiential process, shifting emphasis away from objects, with focus on the psychological and physiological effects on makers rather than what they produced. Consequently, this thesis expands art historical remits by presenting narratives of art that are culturally, socially and politically situated but that predominantly concern ideas, processes and effects on individuals rather than objects, images and performances by them.
45
Vargas, Erick Rodolfo. « The Anglo American academic attitude towards the field of judicial evidence and its usefulness to rational fact finding in Honduras / ». Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99155.
Texte intégralRésumé :
I address the problem of the lack of academic attention to evidentiary issues in Honduras in comparison to Common Law Countries. I feel that Honduran law students need to be taught a working scheme to deal with issues of admissibility and weight of evidence in order to achieve the rational determination of facts.Moreover, I draw such a scheme from the conceptual basis for admission of evidence and the probative processes identified by Wigmore. I think that if this scheme were applied to trial records, academicians would identify problems in the admission and weight of evidence and would develop approaches to make reason and justice prevail.
The scheme is presented in the form of a chart and because it is adapted to the Honduran context I consider that it will have a positive effect on academic research, theorization and teaching of issues of admission and weight of evidence in Honduras.
46
Kruger, Leander. « Comparison of taxation reforms regarding retirement funding between South Africa and the United Kingdom ». Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/18200.
Texte intégralRésumé :
The purpose of this study was to review the provision of public and private retirement funding in both South Africa and the United Kingdom and the role of taxation in encouraging greater private provision for retirement. The study described the basis of taxation and determination of ‘taxable income’ in each jurisdiction, before addressing the relationship between taxation and retirement funding in each jurisdiction respectively. Both jurisdictions have introduced significant reforms of their systems of retirement funding and these reforms were accordingly addressed in the present research. The study compared the two jurisdictions based on the above mentioned areas to determine similarities or differences. The study concluded with recommendations, these being that South Africa should assess the feasibility of providing greater State provided retirement funding by possibly including a mandatory contribution, such as that used by the UK for its single-tier flat rate New State Pension. A further recommendation was that South Africa should encourage greater provision of private retirement funding by considering even greater tax deductions for contributions.
47
Krause, Samantha. « Provocation as a defence in English and South African criminal law ». Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/310.
Texte intégralRésumé :
In the past 20 years the defence of provocation has shifted from the periphery of South African law to a fully developed defence available to those who kill when provoked. Not only is the defence available to the provoked, but it has been extended to those who kill when subjected to emotional stress. However, the defence is mirred in controversy and bad decisions. Not only has the precise nature of the defence not been clarified, but this lack of clarity has been exacerbated by confusing decisions of our courts. This confusion is partly a result of the development of the defence of incapacity, particularly its extension to cases involving provocation and mental stress, and partly a result of its application in practice. Three major problems have plagued the provocation defence. Firstly, the courts have confused the defence of sane automatism with that of non-pathological incapacity. Secondly, there has been an implied use of an objective test in determining criminal incapacity where the enquiry has clearly been a subjective one. Thirdly, it has been held that the problem may not so much be the subjective aspect of provocation, but rather its application. The real problem seems to lie in the theoretical confusion as to the precise meaning of lack of “selfcontrol”. Lastly, on occasion the courts have failed to distinguish lack of capacity from diminished responsibility. Thus, in order to gain clarity concerning this “grey” area of the law these problems have created, it is necessary for South African law to consult more authoritative sources to receive guidance for the problems identified. One of those sources that has been consulted is that of English law. English law, however, deals with the defence of provocation in a different manner. Raising a defence of provocation here does not result in an acquittal but rather in a reduction of the charge to manslaughter. However, the English law on provocation is also 7 plagued by various problems. Firstly, there is the issue of cumulative provocation. Generally, there is little difficulty in cases where there is no “immediate trigger”. Secondly, the fundamental flaw with the current test of the reasonable man is that the courts have had to swing between the two aims of taking a compassionate view of human frailty while endeavoring to maintain an objective standard of the reasonable man. Lastly, it can be said that the problem with the proportionality requirement is that it makes the provocation defence dependant upon the assessment of the accused’s conduct after he or she lost his or her selfcontrol rather than on his or her giving way to passion and losing control in the first place. It is clear that from the problems identified in both South African law and English law concerning the defence of provocation the courts in each jurisdiction will have to pay careful attentio n to the problems highlighted and apply the law in such a way so as to ensure clarity and legal certainty.
48
Johnson, Lizabeth J. « Kinship and violence in Wales, 800-1415 / ». Thesis, Connect to this title online ; UW restricted, 2008. http://hdl.handle.net/1773/10409.
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Orlando, Sophie. « What makes Britain so great ? : la britannicité et l'art contemporain de 1979 à 2010 en Grande-Bretagne ». Paris 1, 2010. http://www.theses.fr/2010PA010668.
Texte intégralRésumé :
Entre 1979 et 2010 les gouvernements conservateurs et travaillistes se succèdent dans une Grande-Bretagne en pleine crise identitaire. L'identité nationale collective, «la britannicité » est devenue un enjeu politique et social. Comment ces débats agissent-ils sur les artistes, les institutions, la critique d'art, et le marché de l'art ? Certains confèrent à la britannicité une fonction intégratrice, d'autres y voient les relents de la tradition, de l'héritage, du patrimoine culturel commun ; enfin certains se félicitent de l' existence de cette représentation nationale exportable, une image vendeuse de laquelle il est bon de tirer profit. En trente ans, ces différentes interprétations de l'identité collective accompagnent la naissance et le développement des Blacks artists (dont Eddie Chambers, Keith Piper, Zarina Bhimji, Isaac Julien, Sonia Boyce et Mitra Tabrizian) des documentaristes (dont Daniel Meadows, Martin Parr, Paul Graham, Paul Seawright et Patrick Keiller) et de la génération 1988 (dont Tracey Emin, Yinka Shonibare Marc Wallinger, et Chris Ofili), soutenue par Charles Saatchi. Cette recherche s'est donnée pour objectif d'analyser comment les mondes de l'art expérimentent la redéfinition d'une identité collective à I 'heure de la mondialisation.
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Sanderson-Nash, Emma Victoria. « Obeying the iron law ? : changes to the intra-party balance of power in the British Liberal Democrats since 1988 ». Thesis, University of Sussex, 2011. http://sro.sussex.ac.uk/id/eprint/7467/.
Texte intégralRésumé :
This study examines intra-party power in the Liberal Democrats, looking at the formal role and remit of the various sectors that make up the party bureaucracy, and evaluating the exercise of power with regard to policy, campaigning and the use of resources. It is interested in two overarching questions: has the party professionalised, and has power moved toward the top? If so could this have had an impact on its electoral success? The theoretical context for this study is a well-established tradition of scholarship on party organisation going back to Moise Ostrogorski (1902) and Robert Michels (1911). The hierarchical nature of party organisations has been a constant refrain in this literature, especially in respect of major parties that are serious contenders for governmental office (McKenzie 1963; Kirchheimer 1966; Panebianco 1988; Katz & Mair 1995). This thesis offers a test of these theories by applying them to a smaller party that gradually evolved from a party of opposition to a party of government. While the incentives for intra-party centralisation are clear in office-seeking parties (the leadership requires maximum autonomy in order to devise and adapt a competitive strategy), this research explores whether it is a necessary precursor to electoral success. It will test whether the party has become more professional, or top-down, by looking at the policy making process, at the way the party campaigns, and at its distribution of resources. Finally the thesis examines the role of intra-party politics in achieving and maintaining the coalition with the Conservatives negotiated in May 2010. The research spans the lifetime of the party from 1988 to present day, and relies on an extensive series of semi-structured interviews with 70 individuals connected to the party including prominent politicians, senior staff and ordinary members. It argues that the party has become significantly more professional during this time, and that this was a contributory factor in delivering office.