Thèses : « Order of Sergeants at Law »

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Mills, Latoya. « Female Sergeants, Lieutenants, and Captains obtaining leadership roles in Law Enforcement ». ScholarWorks, 2019. https://scholarworks.waldenu.edu/dissertations/7883.

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The field of law enforcement is one of the most sought-after careers. People have various reasons why they choose to embark on this field of work. There are many levels of law enforcement from correctional officers to particular agents, such as patrol officers, federal officers (FBI, DEA, IRS etc). There is a lack of females that represent the field of law enforcement in numerous police divisions nationwide. Previous studies explored these deficiencies, yet they failed to examine the perspectives of high-ranking female officers. There is a gap in the literature that analyzes female officers' academy experiences, struggles, and barriers as women in law enforcement. The purpose of this qualitative narrative was to explore the perspectives of female law enforcement officers' experiences in obtaining high-ranking positions. In this study, I interviewed 12 high-ranking women in law enforcement and revealed their skills in this traditionally male-dominated field. Theories associated with this research are advocacy coalition and sex discrimination. NVivo software was used to organize the findings. Results indicated that there is an invisible barrier that women face when they are trying to promote to leadership positions. Participants offered insights into their journey, including balancing family life, facing adversity in the training academy, in the workplace, and conrinued success as supervisors. The current study suggests that lines of discourse are causing organizations to change their traditional masculine styles of leadership.

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Oliver, Willard M. « The law & ; order presidency ». Morgantown, W. Va. : [West Virginia University Libraries], 2000. http://etd.wvu.edu/templates/showETD.cfm?recnum=1699.

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Thesis (Ph. D.)--West Virginia University, 2000.
Title from document title page. Document formatted into pages; contains ix, 472 p. : ill. Includes abstract. Includes bibliographical references (p. 435-472).

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Chan, Wing-mee Mimi. « Policing public order events ». Click to view the E-thesis via HKUTO, 2003. http://sunzi.lib.hku.hk/hkuto/record/B31967139.

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Maruca, Matthew K. « Imposing Order : The Renegotiation of Law and Order In Post-Stalin USSR ». Thesis, Boston College, 2003. http://hdl.handle.net/2345/434.

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Thesis advisor: Roberta T. Manning
Although born in Prague under the Austro-Hungarian Empire and dying before Stalin took control of the USSR, Kafka clairvoyantly understood the full paradox of Soviet authoritarianism. His short parable “Before the Law” provides an interesting intellectual exercise for anyone wishing to study Soviet law, for in Russia it evokes tragic truth. The man who futilely attempted to reach the law is a metaphor for Russian masses seeking the same goal. Just as the doorkeeper with his air of conscious superiority and vacillating temperament mirrors the nature of Soviet rulers. The absurdity that underpins Kafka's work poignantly and painfully parallels the arbitrary ‘justice' of Stalin's rule. The man's futile search is symbolic of the many purge victims who, while wasting away in the gulags, clung to the slim hope of using legal means to exonerate themselves. Through an intellectual and visceral response, Kafka conveys the authoritarian split between the elite and the masses in Russia. No one knows how many countless Russian and Soviet citizens' lives were wasted in the same shadow of indifferent omnipotence. And we are forced to ask why the law was kept from them. And yet, what fueled the insatiable pursuit of the law in the face of certain futility? Even the Purges took place within a legal framework, as perverse as it may have been. But was Communist legality simply an oxymoron, or was there something more?
Thesis (BA) — Boston College, 2003
Submitted to: Boston College. College of Arts and Sciences
Discipline: History
Discipline: College Honors Program

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Chan, Wing-mee Mimi, et 陳詠美. « Policing public order events ». Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2003. http://hub.hku.hk/bib/B31967139.

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McVicker, Philip Leslie Forbes. « Law and order in Northern Ireland 1920-1936 ». Thesis, University of Ulster, 1985. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.254242.

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Carvalho, Júnior Orlando Lira de. « Law and Order : gênese de um experimento punitivo ». Universidade Federal de Juiz de Fora (UFJF), 2009. https://repositorio.ufjf.br/jspui/handle/ufjf/7917.

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Um dos maiores constrangimentos da democracia liberal estadunidense é seu fracasso de gerar qualquer reação política relevante contra o ethos punitivo, aqui chamado law and order, que legitima o encarceramento sem precedentes de seus próprios cidadãos. Com efeito, a população prisional dos Estados Unidos passou de quase 200 mil detentos em 1970 para mais de 2.3 milhões em 2007. De acordo com o Departamento de Justiça (2007), mais de 10 milhões de americanos são enviados para cadeias todos os anos e outros 600 mil acabam indo parar nos presídios onde cumprem em média três anos de reclusão, na maioria das vezes por crimes contra a propriedade ou uso de drogas. Excetuando as crianças e os idosos com mais de 65 anos, um em cada 50 adultos encontra-se atrás das grades nos Estados Unidos. Qual a origem e as causas desse fenômeno? Esta pesquisa documenta a grande mudança no modo pelo qual o problema da criminalidade foi percebido nos círculos oficiais e as conseqüências políticas que tal percepção acarretou. Visa analisar como as questões relacionadas ao crime foram socialmente construídas através de processos políticos, interpretativos e representacionais nos quais as elites políticas e a mídia mobilizaram símbolos e referências culturais poderosas a fim de atrair a atenção da opinião pública para o problema da criminalidade e assim gerar suporte popular para as políticas públicas punitivas. Não obstante a extrema complexidade do discurso político sobre crime, tudo indica que apenas uma abordagem preencheu o vácuo deixado pelo declínio do ideal reabilitador, fenômeno chamado por David Garland (2001a) de “nihilismo terapêutico”: endureça com o crime! Semelhante resposta se baseia em visões contraditórias do comportamento criminoso, as quais, não obstante, concordam que a forma mais apropriada para se tratar da criminalidade seria a expansão do direito penal e o aumento da severidade das punições. Essa retórica punitiva mudou a antiga ênfase na reabilitação e reintegração social dos ofensores para a crença na capacidade da lei penal de estruturar as escolhas e condutas dos indivíduos. A retórica law and order foi mobilizada pela primeira vez no final dos anos de 1950, quando políticos conservadores chamaram a atenção dos eleitores para o problema do “crime de rua”, ridicularizaram a idéia de que o comportamento desviante também tem raízes sócio-econômicas e promoveram uma visão alternativa segunda a qual o crime é conseqüência direta de apetites e impulsos desregrados que impelem os indivíduos em direção às atividades criminosas. Essa tentativa de reconstruir as percepções da opinião pública com relação ao problema da criminalidade fez parte, por sua vez, de um cenário político muito mais abrangente: o esforço conservador para substituir o Estado de bem-estar social pelo Estado de controle social como princípio de governabilidade. Com o Estado sofrendo pressões crescentes dos defensores dos direitos civis, dos programas assistenciais e do movimento estudantil no sentido de assumir mais responsabilidade para reduzir as desigualdades sociais, políticos conservadores articularam programas de governo alternativos que reduziram o welfare state e aumentaram os controles sociais. As hipóteses centrais desta pesquisa são assim resumidas: 1) A questão do crime foi essencial para a construção de uma nova política social. 2) Iniciativa política e mídia, não os índices oficiais de criminalidade, foram os fatores que despertaram a preocupação popular com o crime. 3) A hegemonia de law and order não resultou de um movimento democrático de base, mas foi conseqüência do projeto conservador de reconstrução do Estado.
One of the great embarrassments to the American democracy has been its collective failure to raise any substantial political opposition to the punitive ethos known as law and order that underlies the unprecedented use of imprisonment on its own citizenry. The nation´s prison population grew from less than 200,000 in 1970 to over 2.3 million by 2007. According to the Department of Justice (2007), over 10 million Americans are admitted to jail each year and another 600,000 find their way to prison to spend an average of almost three years largely for property and drug crimes. If children and those over 65 are dropped from the denominator, nearly one in 50 adult Americans is locked up. How dit it all start and what are the reasons for such a phenomenon? This research documents the major shift in the way in which the crime problem was officially perceived and the political positions to which these perceptions gave rise. It aims at analysing how crime-related issues were socially and politically constructed through interpretative, representational, and political processes, in which political elites and the media deployed mediated symbols and mobilized powerful cultural references to call the public opinion´s attention to crime- related problems and defined these problems as the consequence of insufficient punishment and control, and generated popular support for punitive anticrime policies. Despite the complexity of political discourse on crime, it appears that one single view has filled the vacuum created by the demise of the rehabilitative ideal—what David Garland calls “therapeutic nihilism”: get tough on crime. This tough response to the crime problem are predicted upon various and sometimes contradictory explanations of criminal behavior. Despite their differences, these explanations of crime similarly imply that expanding the scope of criminal law and increasing the severity of its penalties are the most appropriate responses to the crime problem. In this get-tough rhetoric, the emphasis has shifted from a concern with rehabilitating and reintegrating offenders to the capacity of the law and the social control system to structure the choices and conduct of individuals. The rhetoric of law and order was first mobilized in the late 1950s, when conservative politicians paid an unprecedented amount of attention to the problem of “street crime”, ridiculed the notion that criminal behavior has socioeconomic causes, and promoted the alternative view that crime is the consequence of insufficient curbs on the appetites and impulses that impel individuals towards criminal activities. This attempt to reconstruct popular perceptions of the crime problem was, in turn, a component of a much larger political contest: the effort to replace social welfare with social control as the principle of state policy. As the civil rights, welfare rights, and the students movements pressured the state to assume greater responsibility for the reduction of social inequalities, conservative politicians attempted to popularize an alternative vision of government, one that diminishes its duty to provide for social welfare but enlarges its capacity and obligation to maintain social control. The central theses of this paper are as follows: 1) The crime issue was a crucial resource for those advocating this reconstruction of social policy. 2) Political initiave and media ressonance, not the official reported incidence of crime, were strongly associated with subsequent public concern about crime. 3) The ascendance of the rhetoric and policies of law and order was not an expression of democracy in action, but rather an ideological framework of the conservative project of state reconstruction.

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Cheesman, Nicholas Whitridge. « The politics of law and order in Myanmar ». Phd thesis, Canberra, ACT : The Australian National University, 2012. http://hdl.handle.net/1885/109594.

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This thesis explores the idea and praxis of "law and order" as an opposing principle of government to the rule of law, through study of the criminal juridical system of Myanmar. It finds that this system alludes routinely to the rule of law while enabling practices that contradict it. It explains this contradiction by arguing that the system is animated by politics that conflate law and order with the rule of law. The origins of the criminal juridical system in Myanmar lie in the authoritarian imperatives of the British colonial regime. These imperatives the regime expressed legalistically. A formalistic rule-of-law idea took hold and carried over into the postcolony. It expanded to encompass notions of substantive rights; however, after a military takeover of the state apparatus in 1962 it lost credence. When the rule of law re-emerged strongly in political and juridical language during the 1990's, under a new military junta, it was as a synonym for law and order. Yet, semantically "law and order" in Burmese does not refer to "law" at all. It describes an ideal society that is subdued administratively, not one governed juridically. Reading records of 340 court cases, accompanied by findings from research among legal professionals and extensive study of published and unpublished government documents, I argue that law and order has subsumed the rule of law in Myanmar both as an idea and in practice. I advance the argument by exploring some of the system's key features, including its pursuit of public enemies, and the role of the policeman as bearer of sovereign authority. I show how the criminal juridical system operates as a marketplace for the buying and selling of case outcomes, and how this feature of the system is consonant with the maintenance of order. I examine how the making of complaints against officials is possible within the system's pragmatic frame, and to an extent is encouraged. And I reveal how in response to protest during 2007 courts in Myanmar, rather than sanctioning police officers and other officials for violating law instead functioned as gatekeepers on a juridical threshold, across which people could be taken at will, but from which they could be returned, through trial and sentencing. The thesis constitutes an empirical response to conceptual debate about the rule of law. It argues that the debate can be enriched through more effort to construct and critique opposing concepts, and through research of systems animated by principles of government other than the rule of law or its likenesses. By positing law and order as one opposing concept, this thesis queries the seeming ubiquity of rule of law discourse. It also illuminates the contradictory qualities of "law and order" itself, alerting us to the persistent difficulty of attempting to reconcile the normative and general properties of law with the pragmatic and particular properties of order.

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Zeman, Ondřej. « International Treaties In the Czech Legal Order ». Master's thesis, Vysoká škola ekonomická v Praze, 2007. http://www.nusl.cz/ntk/nusl-4362.

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In the second, common part describes public international law and it's relation to the national law. Subsequently the system of sources of public international law and application of the international treaties to the system of the national law. In the third, analytical part describes relationship between international and the Czech law, it's historical development and present situation and the relation of the Czech national law to the acquis communautaire as well.

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El-Atrash, Sami Salem. « Political rights in the contemporary Arab legal order ». Thesis, University of Glasgow, 1989. http://theses.gla.ac.uk/4815/.

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Loo, Tina Merrill. « Making law, order and authority in British Columbia, 1821 - 1871 / ». Toronto [u.a.] : Univ. of Toronto Press, 1994. http://www.gbv.de/dms/spk/sbb/recht/toc/273072315.pdf.

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Stanley, Christopher. « Out-with the law : urban (de)reguation and (dis)order ». Thesis, University of Kent, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.387227.

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Jackson, Myles Wayne. « Goethe's law and order : nature and art in Elective Affinities ». Thesis, University of Cambridge, 1991. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.386168.

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Wang, Xuan. « Repetitive process based higher-order iterative learning control law design ». Thesis, University of Southampton, 2017. https://eprints.soton.ac.uk/415851/.

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Iterative learning control has been developed for processes or systems that complete the same finite duration task over and over again. The mode of operation is that after each execution is complete the system resets to the starting location, the next execution is completed and so on. Each execution is known as a trial and its duration is termed the trial length. Once each trial is complete the information generated is available for use in computing the control input for next trial. This thesis uses the repetitive process setting to develop new results on the design of higher-order ILC control laws. The basic idea of higher-order ILC is to use information from a finite number of previous trials, as opposed to just the previous trial, to update the control input to be applied on next trial, with the basic objective of improving the error convergence performance. The first set of new results in this thesis develops theory that shows how this improvement can be achieved together with a measure of the improvement available over a non-higher order law. The repetitive process setting for analysis is known to require attenuation of the frequency content of the previous trial error from trial-to-trial over the complete spectrum. However, in many cases performance specifications will only be required over finite frequency ranges. Hence the possibility that the performance specifications could be too stringent. The second set of new results in this thesis develop design algorithms that allow different frequency specifications over finite frequency ranges. As in other areas, model uncertainties arise in applications. This motivates the development of a robust control theory and associated design algorithms. These constitute the third set of new results. Unlike alternatives, the repetitive process setting avoids the appearance of product terms between matrices of the nominal system dynamics statespace model and those used to describe the uncertainty set. Finally, detailed simulation results support the new designs, based on one axis of a gantry robot executing a pick and place operation to which iterative learning control is especially suited.

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Wren, John Thomas. « Republican jurisprudence : Virginia law and the new order, 1776-1830 ». W&M ScholarWorks, 1988. https://scholarworks.wm.edu/etd/1539623779.

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The purpose of this study is to utilize the insights provided by the decisions of the Virginia Court of Appeals during the years 1776-1830 to gain a fuller understanding of the concept of "republicanism" through an analysis of its application in courts of law.;It is clear that in the years after the Revolution, the Virginia Court of Appeals made a striking statement about the nature of that Revolution in Virginia. It defined a new constitutional order by elevating the Virginia constitution to the plane of higher law, and by articulating and implementing the doctrine of popular sovereignty. The court made workable such previously theoretical constructs as the separation of powers, and adapted the English legal heritage to republican dictates and the demands of a new society. It was also instrumental in applying new republican conceptions to specific areas of the law. In so doing, the court displayed a clear deference to the policy initiatives of the legislative branch.;While applying republican principles, the Virginia court added a decidedly conservative gloss, favoring stable rules of law and the protection of existing property rights at every opportunity, in the process supporting the existing political order. at the same time, the Virginia Court of Appeals was in the forefront of a localistic response to the challenges posed by the establishment of a new federal government.;Taken together, these conclusions suggest that Virginia retained in large part a conservative, localistic strain of republicanism well into the nineteenth century, while its judiciary remained essentially incrementalist in its policy-making approach.

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Ku, Siu-fai, et 古兆輝. « A study of ethical policing of public order events ». Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2012. http://hub.hku.hk/bib/B50255253.

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Guo, Zhilong. « Criminalisation in respect of public order : interests, setbacks and wrongs ». Thesis, University of Glasgow, 2018. http://theses.gla.ac.uk/30750/.

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This thesis sets out an argument as to the principles which should determine the scope of public order crimes. The Preface demonstrates that the definition and scope of public order and corresponding public order crimes are arbitrary. In order to arrive at a clear definition of public order interests which can be applied in limiting the scope of offences against public order, in the first chapter the substantive elements of public order are constructed as categories of life convenience, comfort and peace, while the formal publicness is demarcated as multiple subjects of an interest as opposed to one specified subject of the interest. Taking Feinberg’s moral limits of criminalisation as its starting point, the second chapter restates the concepts of ‘harm to others’ and ‘offence to others’ as criminalisation frameworks applicable to public order crimes. In order to justify criminalisation, harm should be an objective, recognisable, imputable and wrongful setback to a physical interest, while offence should be a communicative, imputable and wrongful setback to inner peace based on normative sensibilities. Accordingly, harm/offence to the interests of others in smooth civil life is the moral basis for forming and shaping rules of criminalising disruptions of public order. The third chapter categorises problems of imputing public disorder and public offence and approaches these problems by proposing a formal test of substantial risk and, if necessary, a substantive test of counterbalancing justification. In order to address the problems of public order law in practice, the final two chapters apply the principles developed in the thesis to a number of typical public order problems. These chapters demonstrate that the valid scope of criminalising typical public order related conduct such as disorderly begging, loitering, indecencies and insults can be sensibly determined by the argued steps of limiting criminalisation. These two chapters identify some categories of truly intrusive and wrongful conduct that correspond to legal interests in convenience and comfort and inner peace.

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Henderson, A. « Restoring law and order : the impact of the new constitutional order on the judicial review of administrative action ». Thesis, University of Cambridge, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.603954.

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The advent of the new constitutional order on the 27^th of April 1994 has brought about a fundamental change in the law governing judicial review in South Africa. By guaranteeing everyone the right to just administrative action and providing for the enactment of legislation to give effect to this right the Constitution of the Republic of South Africa, Act 108 of 1996 has consolidated and introduced rules that govern the judicial review of administrative action: It has helped restore law. However it has also brought order to the judicial review of administrative action, which was in a state of chaos before the advent of the new constitutional order. This is the most important aspect of the impact of the new constitutional order on the judicial review of administrative action. The advent of constitutional supremacy means that judicial review is justified and explained ultimately by reference to the Constitution. For, the identification of specially entrenched principles such as 'the rule of law' and 'democratic government' helps to explain the relationship between the courts and Parliament with regard to the control of the executive. While the principle of the separation of the powers, identified implicitly in the Constitution, helps to explain the relationship between the courts and the executive and the limits of judicial review. Moreover, by providing the ultimate source for the exercise of every power that is subject to judicial review and helping to define the limits of those powers the Constitution helps to explain what is meant by 'administrative action'. Finally, by providing express directions for the interpretation of statutes and development of the common law the Constitution has ensured that every application for judicial review will be undertaken with reference to the same set of principles.

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Che, Luyao. « Chinese state capitalism and the international economic order ». Thesis, University of Nottingham, 2017. http://eprints.nottingham.ac.uk/41892/.

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State capitalism, which refers to an economic system wherein the state maintains a guiding role in the economy based on the functioning of a market mechanism that is instrumental to the state, has experienced a rapid proliferation during recent decades. As a typical example of a state capitalist country, China has developed a highly institutionalised economic system characterised by a deep integration between the state and the market. This thesis aims to answer the questions as to how and why the rise of Chinese state capitalism has challenged the existing international economic order. It begins with an exploration of the ways in which Chinese state capitalism functions, submitting that the state simultaneously fulfils a triple role when intervening in the market, namely that of a planner, competitor, and a regulator. This research then doctrinally analyses the legal instruments adopted by China to advance its state capitalist practice, through which it argues that, compared to public law, private law has assumed greater importance in underpinning Chinese state capitalism. Next, by exploring both the world trading system and the international investment regime, the thesis contends that the international economic order has a limited ability to properly respond to the development of China’s state capitalism. The reason behind the limitation results from a failure to understand China’s contemporary state capitalism as an economic model that transcends the traditional market-state paradigm long-held by orthodox capitalism.

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Daniel, Joseph Christopher. « Combat Drones and International Order : An English School Approach ». Thesis, Virginia Tech, 2016. http://hdl.handle.net/10919/79564.

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The purpose of this work is to examine the effect of the use of combat drones for the practice of targeted killing on international order. The understanding of these effects is critical for if the use of combat drones for targeted killing undermines critical institutions of international society, which serves as the basis for international order, then the international order itself would be undermined. It is a qualitative study of drones and their effect on select primary institutions found within the theoretical framework of the English School (ES) of International Relations. The institutions used in this work are sovereignty, territoriality, international law, great power management, and war. This work builds its case on open source primary and secondary documents from the UN and news outlets to gauge the effect and reaction of states to the use of drones over the last 15 years. It found that drones and targeted killing have indeed had a detrimental effect on the institutions of sovereignty, territoriality, and international law. However, drones have also met positive approval by great power management and have helped change the nature of the institution of war.
Master of Arts

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Anderson, Stephen Frederick. « Establishing US Military Government : Law and Order in Southern Bavaria 1945 ». PDXScholar, 1994. https://pdxscholar.library.pdx.edu/open_access_etds/4689.

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In May 1945, United States Military Government (MG) detachments arrived in assigned areas of Bavaria to launch the occupation. By the summer of 1945, the US occupiers became the ironical combination of stern victor and watchful master. Absolute control gave way to the "direction" of German authority. For this process to succeed, MG officials had to establish a stable, clearly defined and fundamentally strict environment in which German officials would begin to exercise token control. The early occupation was a highly unstable stage of chaos, fear and confusing objectives. MG detachments and the reconstituted German authorities performed complex tasks with many opportunities for failure. In this environment, a crucial MG obligation was to help secure law and order for the defeated and dependent German populace whose previously existing authorities had been removed. Germans themselves remained largely peaceful, yet unforeseen actors such as liberated "Displaced Persons" rose to menace law and order. The threat of criminal disorder and widespread black market activity posed great risks in the early occupation. This thesis demonstrates how US MG established its own authority in the Munich area in 1945, and how that authority was applied and challenged in the realm of criminal law and order. This study explores themes not much researched. Thorough description of local police reestablishment or characteristic crime issues hardly exists. There is no substantial local examination of the relationship between such issues and the early establishment of MG authority. Local MG records housed in the Bayertsches Hauptstaatsarchiv (Bavarian Main State Archives) provide most of the primacy sources. This study also relies heavily on German-language secondary sources.

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Kennedy, Jeffrey. « Exploring 'ownership' of conflict : legal wrongs in a new world order ». Thesis, McGill University, 2014. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=121601.

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In the legal tradition, torts and crimes have been conceived of, studied, and addressed as distinct categories of legal wrongs. In both of these categories however, independent movements in dispute resolution – Alternative Dispute Resolution (ADR) and Restorative Justice – have offered parallel procedural and normative challenges to the legal understanding of wrongs. This thesis takes these independent developments as together comprising a single re-imaginative discourse that challenges state-based law as the intermediary of disputes. Accordingly, this thesis explores the emergence and implications of this discourse in which legal wrongs of both civil and criminal designation are re-imagined as subjective conflict and removed from conventional legal categorization. It seeks to survey, clarify, and situate this discourse as one with which the conventional legal discourse has been negotiating politically. Building on Nils Christie's conception of 'conflicts as property,' the thesis frames this negotiation in terms of public and private claims to ownership over conflict and its resolution. Accordingly, a clarified notion of ownership of conflict – containing both moral and legal dimensions and characterized as a constitutional issue – is developed in order to interpret and critique its state. In light of the challenges offered by the emergent discourse, the thesis re-assesses the relationship between the state and private individuals as it has emerged through that negotiation. In doing so, the author notes a shift in the moral assessment of ownership, and calls for the traditional categorizations to be re-assessed on that basis.
Dans la tradition juridique, les actes délictuels et les crimes ont été conçus, étudiés et traités comme étant des catégories distinctes d'infractions légales. Toutefois, dans ces deux catégories les mécanismes indépendants de résolution de conflit - Mode Alternatif de Résolution des Conflits et Justice réparatrice – ont parallèlement proposé des questionnements procéduraux et normatifs à la compréhension juridique de l'infraction. Ce mémoire propose d'unir ces développements indépendants afin d'établir un discours unique et créatif défiant l'État de droit en tant qu'intermédiaire au conflit. Conséquemment, ce mémoire étudie l'émergence ainsi que les implications relatives à ce discours à travers lequel les infractions juridiques de nature civiles et pénales sont repensées en tant que conflits subjectifs soustraits aux différenciations juridiques conventionnelles. Ce mémoire cherche à étudier, clarifier et situer ce discours comme étant celui avec lequel la justice conventionnelle a négocié sur le plan politique. S'appuyant sur la conception de « conflit en tant qu'immobilisation » de Nils Christie, ce mémoire encadre la négociation des revendications à la propriété, tant publiques que privées, plutôt que le conflit même et sa résolution. Conséquemment, un concept clarifié de propriété du conflit est établi, contenant à la fois les dimensions morales et juridiques et caractérisée par une dimension constitutionnelle, avec l'intention d'interpréter et de critiquer son état. À la lumière des défis offerts par le discours émergent ce mémoire réévalue la relation entre l'État et les particuliers puisque cette dernière a pris forme à travers cette négociation. Ce faisant, l'auteur note un changement dans l'évaluation morale à la propriété, et demande, sur cette base, que les différenciations traditionnelles soient réévaluées.

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Vukosavović, Filip. « God as the founder of order [mēyšariym] in Ps 99:4 with reflection on Palladian Aides and other ANNE backgrounds / ». Online full text .pdf document, available to Fuller patrons only, 2002. http://www.tren.com.

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24

de, Larrinaga Miguel. « Alterity, social order, and the meaning(s) to security ». Thesis, University of Ottawa (Canada), 2002. http://hdl.handle.net/10393/6124.

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This thesis provides a genealogy of security. The first two chapters situate it in relation to the discipline of International Relations and present the approach to develop the genealogy. It is argued that what has enabled the lack of problematization of the concept of security within the discipline is precisely the security project of the discipline itself: the securing of an ontological ground through the deployment of epistemological precepts that pervade the way the discipline is predominantly understood and its evolution is retroactively (re)written. I argue that the discipline itself is enabled by, and is a manifestation of, "sovereign thought"---i.e. a form of knowledge inextricably related to the articulation of the sovereign State as the predominant form of social order in modernity. What is revealed is how the structure of sovereign thought occults its generative principles and enables a framing of issues and problems via objective knowledge while simultaneously masking its role as a frame. It is this deployment of knowledge that enables the naturalization of "security." These first two chapters provide the groundwork and the rationale for the genealogical investigation found in the second part of the thesis. The three following chapters apply this approach to the relationship between the meaning(s) to security and the production of social order. This genealogy is developed by tracing the intimate complicity between the meaning to security and the articulation of social order via alterity. These chapters are constructed around three interregna : the shift from Roman Republic to Empire and the advent of Christianity; the shift from Christendom to sovereign State in the classical age; and the advent of the modern sovereign State and the present mutations of sovereign order. Through this genealogy it is argued that our present articulation of "security" serves as a mechanism of depoliticization in the service of sovereign order increasingly deployed throughout the social above and below statal space. Finally, I argue that it is within the context of modernity and its intimate relation with the advent of democracy that a new horizon of possibility to articulate a counter-discourse to security is opened up.

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25

Trottier, James. « Political offender or extraditable criminal : The political offence, international order and protection of the individual ». Thesis, University of Ottawa (Canada), 1994. http://hdl.handle.net/10393/10009.

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This thesis studies the evolution and current purpose of the political offence exception for the purpose of determining whether there is a continuing role for the exception. It concludes that there is a continuing need for the exception. The thesis examines the coexistence in international law and policy between the demand for international public order, as characterized by the system of extradition laws and treaties, and the need to safeguard the rights of the individual, as reflected in the political offence exception to extradition, international refugee protection and the practice of asylum. There are a number of concerns with the political offence exception as currently applied, namely: (1) Designation of inappropriate acts as political offences; (2) Excessive rigidity and formality by some courts; (3) Excessive judicial discretion; (4) Over-emphasis on efficacy of the act in question; (5) Excessive political influence on decision-making. The thesis proposes an alternative political offence exception test with the following five criteria: (1) the individual should be involved in a dispute concerning political control over the state; (2) the individual should be part of a group which is involved in such a struggle and the act in question must be done in furtherance of that struggle; (3) the exception should not apply to heinous crimes such as crimes against humanity; (4) certain acts such as hijacking should be automatically excluded; (5) there should be proportionality between means and ends. (Abstract shortened by UMI.)

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26

Hartmann, Jacques. « Transnational counter-terrorism cooperation and world order ». Thesis, University of Cambridge, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.609981.

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27

Holohan, Siobhan. « Law, order and representation : the search for justice in a media age ». Thesis, Staffordshire University, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.272897.

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28

Kloeden, Anna Jane. « Government beyond law : exploring charity regulation and spaces of order in China ». Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:e48b254a-3316-4a0b-a994-c3c6a6b3624a.

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This thesis examines the regulatory landscape relating to private orphanages, both foreign and domestically run, in China, and the formal and informal relationships between such homes and government which structure this space of order. Part A introduces the contextual factors shaping the gradual socialisation and privatisation of charitable activity generally, and the child welfare-specific social, economic and cultural dynamics influencing the emergence of private orphanages. Parts B and C set out the ethnographic findings of field-work examining the practical operations of private orphanages, and a theoretical analysis of the various interactions occurring with government orphanages, and local and central officials. It is shown that the ostensible government monopoly on institutional care of orphans, established in law and policy and consistent with the objective of maintaining tight control over civic organisations and religious-based and foreign-led activities, is belied by a proliferation of private orphanages emerging to address gaps in state welfare provision. This has led to the emergence of a delicate balance between top-down official discourse, rhetoric and law, and bottom-up pragmatic considerations. Further, the prima facie 'missing role' of the state in law, regulation and policy-making is contradicted in practice by evidence of a complexity of highly paternalistic state-orphanage relationships occurring beyond the normative framework of official laws and policies. Such extra-legal state-society interaction is characterised by informal, flexible and paternalistic negotiations with local officials, and mediated by structures of power and capacity. 'Law beyond government' and 'government beyond law' are central features of the multidimensional maintenance of this space of order, and point to several defining points of distinction of law as a cultural notion in the Chinese context, including a marked preoccupation with legitimacy over legality and paternalistic discipline and discretion over impartial adjudication.

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29

Garagiola, Meredith Noël Searing Donald. « Imposing law and order intolerant idealism in British and American foreign policy / ». Chapel Hill, N.C. : University of North Carolina at Chapel Hill, 2008. http://dc.lib.unc.edu/u?/etd,2334.

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Thesis (M.A.)--University of North Carolina at Chapel Hill, 2008.
Title from electronic title page (viewed Jun. 26, 2009). "... in partial fulfillment of the requirements for the degree of Master of Arts in the Department of Political Science, Concentration TransAtlantic Studies." Discipline: Political Science; Department/School: Political Science.

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30

Li, Zhaojie. « International law in China legal aspect of the Chinese perspective of world order / ». online access from Digital Dissertation Consortium access full-text, 1996. http://libweb.cityu.edu.hk/cgi-bin/er/db/ddcdiss.pl?NN11651.

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31

Devlin, J. D. « The army, politics and public order in directorial Provence ». Thesis, University of Oxford, 1987. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.381836.

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32

Godden, Lee. « Nature as Other : The Legal Ordering of the Natural World : Natural Heritage Law and Its Intersection With Property Law and Native Title ». Thesis, Griffith University, 2000. http://hdl.handle.net/10072/368114.

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This thesis argues that the legal ordering of the natural environment represents a culturally contingent 'order of things'. Within this process of categorisation, Nature is constructed as an 'other' to the human subject. This opposition allows nature to be conceived as either an object of control, as found in property law, or as a wilderness to be preserved apart from human society. This latter view is implicit to the principles informing early environmental laws for the protection of natural heritage in international law and within Australia. More recently, this distinctively western legal ordering has been challenged to be more culturally inclusive and to include concepts that incorporate human interaction with the natural environment. In making this argument, the thesis adopts a theoretical framework derived from Foucault's 'Order of Things'. Modem western understanding of the natural environment is directly informed by western science. Scientific discourses, with origins in the Enlightenment, have been extremely influential in determining the legal ordering of the natural environment. In this context, the thesis provides an overview of the conceptual shift from a pre-scientific, organic conception of the relationship between people and nature to a people/nature dichotomy that persists as the nature/culture meta-narrative in modern society. The rise of a more holistic conception of the natural environment, based in ecological principles, has only partially displaced the latter view. The thesis also examines the manner in which property law constitutes the 'proper' order of the natural world within western culture. The bundle of rights concept, implicit to modern conceptions of property, finds resonances in western scientific understanding of the natural world. In particular, property law replicates the subject /object distinction that is central to modern western thought. The positing of nature as an object of control through the property relationship has been a resilient ordering of the natural environment. It has directly contributed to an instrumental perception of the natural environment. Indeed, the property concept was the central way of 'constructing' the Australian natural environment at law from colonisation to well into the twentieth century. The initial legal designation of Australia as 'terra nullius' allowed received English property law to form the template for ordering the occupation of the Australian natural environment by British civilisation. In the second half of the 20th century the wilderness ideal, in concert with ecological 'balance' concepts, gained currency in international and domestic law as the foundation for the protection of natural heritage. Natural heritage protection was a high profile aspect of early environmental laws in Australia. Thus the World Heritage Convention assumed an importance for natural heritage protection within Australia due to specific historical, political and constitutional factors. The adoption of 'holistic' definitions of environment in many pieces of Australian legislation has served to partially displace the instrumental, proprietary view of nature. However, the legal recognition of natural heritage, when based around wilderness ideals, remains predicated upon the western people/nature dichotomy. More recently, reforms to early environmental laws have been instituted and case law reveals a state of flux in how natural heritage areas are to be identified and valued. The traditional western legal constructions of nature have served to occlude Aboriginal and Tones Strait Islander peoples' relationships with 'country'. Such legal frameworks continue to be problematic if a more culturally inclusive and holistic conception of heritage, such as cultural landscapes, is to be adopted. Further, while the recognition of native title has led to a re-examination of many fundamental legal principles, reexamination of our western legal constructs remains incomplete. One of the crucial areas yet to be fully worked through is how to accommodate western dualistic notions of the relationship between people and the natural environment with the legal requirements to establish native title. The need for accommodation has direct practical ramifications in that many world heritage, national estate and other 'wilderness' areas are, or may be, subject to native title claims. Therefore, the thesis considers the need to re-assess western, scientifically derived conceptions of natural heritage as the prevailing principles for environmental preservation. Finally the thesis discusses the contingency of any legal ordering of the natural world. Western representations of nature have exerted tremendous influence upon the legal regimes that have regulated and ordered nature across the Australian continent. These classifications are embedded within a particular cultural narrative. Parts of the Australian natural environment that are designated as property, as natural heritage, as native title, or as cultural heritage do not achieve this legal characterisation due to any inherent value or features of the natural environment itself. These areas are not necessarily property or heritage or native title until incorporated within, or recognised by, western legal frameworks. As such, any decision to ascribe a given legal status to the natural environment as part of the legal ordering needs to be seen as involving issues of choice that have direct distributive justice implications.
Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
School of Law
Arts, Education and Law
Full Text

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33

Lind, Peter Spears. « The contestation of nonintervention : international order and emergence of the responsibility to protect (R2P) ». Thesis, University of St Andrews, 2016. http://hdl.handle.net/10023/9318.

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This thesis examines how the norm of nonintervention has interacted with the norm of the Responsibility to Protect (R2P) to construct a new normative architecture of international order. Nonintervention has long served as a deeply embedded norm in the international normative architecture. However, conflicting interpretations of how to respond in cases of egregious intra-state human rights abuses have fuelled contestation surrounding the potential for international protection measures including the projection of force. Drawing from international relations theory, I embrace a social constructivist approach with insights from the English School to explore the nature of normative structures and their role in undergirding international society. While foreign policy decisions reflect a spectrum of normative and non-normative considerations, norms serve as resources that guide and shape the behaviour of actors. Outlining the emergence of R2P and its invocation through empirical cases of mass atrocities in Sri Lanka (2009), Libya (2011), and Syria (2011-2015), this thesis traces the contestation of nonintervention through cases of intra-state humanitarian crises. I conclude that nonintervention has recurrently challenged R2P as a means of securing international order and the rights of independent political communities, with its persistent salience serving as a barrier to intervention and more expansive interpretations of R2P.

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34

Newman, Christopher J. « Optimal pathways for low-level public order law : cross-jurisdictional perspectives and comparative standardizations ». Thesis, University of Sunderland, 2011. http://sure.sunderland.ac.uk/3792/.

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This thesis explores the boundaries of low-level public order law, drawing on optimal pathways and standardizations across the four legal systems of England and Wales, Australia, The United States of America and Germany. The aim is to identify the origins of the public order frameworks, explore limits of proscribed behaviour and to determine whether low-level public order laws satisfy the requirement of certainty within the respective jurisdictions. The requisite mental elements are investigated alongside the range of defences available to those accused of such an offence. In order to fully investigate the unique synergies between protest and low-level public order, the study uses a comparative approach to examine the interaction between the low level provisions and constitutionally guaranteed rights to free expression; including an examination of the conceptual analysis of the wider frameworks within which protest and low-level public order operate. As the source of much contemporary protest, the impact of the War on Terror upon the nexus between public order and protest will also be examined in respect all of the jurisdictions. It is argued that the law relating to low-level public order in all jurisdictions is, to some extent, based around “catch all” provisions that criminalize a broad range of behaviour and also allow the police and the courts a wide range of discretion when dealing with such offences. The various solutions in respect of structure, operation and judicial interpretation of the offences will be examined. This will highlight standardizations and also fundamental disparities between the four jurisdictions. Such a comparative investigation is unique. The study draws upon multiple standardizations to model the lower end of criminality across the four diverse legal systems, providing dynamic areas of contrast through an examination of both civil law and common law solutions to the treatment of low-level disorder. The efficacy of both codified and ad hoc arrangements to regulate disorder while guaranteeing the right to protest are also assessed. The thesis contributes to the understanding of the scope and contours of low-level public order law as well as extrapolating optimal solutions from the findings of this study.

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35

Li, Darryl Chi-Yee. « Jihad and Other Universalisms : Arab-Bosnian Encounters in the U.S. World Order ». Thesis, Harvard University, 2012. http://dissertations.umi.com/gsas.harvard:10627.

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This dissertation uses the experiences of Arab Islamist fighters in the 1992-1995 war in Bosnia-Herzegovina (BiH) to rethink prevailing notions of world order. These actors are frequently glossed as “foreign fighters”: rootless, unaccountable extremists attempting to impose rigid forms of Islam on local “moderate” Muslim populations, be it in BiH, Afghanistan, Chechnya, or other sites of conflict with non-Muslim powers. By illuminating some of the many diasporic and imperial circuits linking BiH with other parts of the world, this dissertation provides a richer historical and sociological context in which transnational activist movements no longer seem so aberrational. This study argues that the mobilization to join the “jihad” alongside Bosnian Muslims can be usefully understood as a universalist project: an attempt to incarnate a worldwide Muslim community (umma) theoretically open to all of humanity, in which activists struggle through the experience of racial, cultural, and doctrinal difference vis-à-vis Bosnian and other Muslims. This approach opens up two broad avenues of inquiry. First, it allows an analysis of how Muslims of different backgrounds interacted in contexts of fighting, intermarriage, and doctrinal disputation. Second, it helps analytically situate the jihad in relation to other forms of armed intervention also acting in the name of humanity, most importantly UN peacekeeping and the U.S.-led “Global War on Terror.” This study is based on approximately 12 months of fieldwork in BiH between 2006 and 2012, mostly in Sarajevo, Zenica, Tuzla, and Bugojno. Open-ended life-history interviews were conducted in Arabic and English with Arab residents of BiH and their Bosnian comrades, kin, and critics. Additional interviews took place in Yemen, France, and Egypt. The study also draws extensively on archival materials culled from various sources, including Bosnian army and intelligence documents gathered by the UN war crimes tribunal, U.S. State Department cables disclosed by Wikileaks, and extensive printed and online materials by participants in and supporters of the jihad written in Arabic, the language formerly known as Serbo-Croatian, and Urdu.

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36

Addy, Naa Adoley. « Aviation : the new order (deregulation, the environment, health, safety and security ». Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=32791.

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Various aspects of the airline industry will have to be considered. In determining what the way forward should be, the very essence of airline transport must be laid bare. The industry will have to be classified, does it qualify as a global public good, or is it a mixed public/private commodity? What are the ill effects that this good has yielded as its by products? The aviation industry as a branch of global transportation will be examined in order to classify it. Methods of managing public goods effectively will be briefly considered. Following this will be an analysis of aviation development, the events preceding and following deregulation, the most significant player in the aviation world. Various perspectives and forms of regulation will be considered. References will be made to strict government regulation, deregulation and self regulation. This will lead to a consideration of other matters pertinent to the aviation industry e.g. health, safety, security, environmental aspects and how these should be managed. (Abstract shortened by UMI.)

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37

Jurgielewicz, Lynne. « Global environmental change and international law : prospects for progress in the legal order ». Thesis, London School of Economics and Political Science (University of London), 1994. http://etheses.lse.ac.uk/3175/.

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This thesis argues that international regimes exist within the international legal order. The use of regime theory to explain international regulation of an issue-area, although first introduced as a legal concept, has been primarily explored in the discipline of international relations. That discipline has for the most part, however, under-emphasised international law. In an effort to promote interdisciplinary research on the nature of the international legal order, this thesis explores the concept of international regimes within the international legal order, using examples of global environmental change. A discussion of the schools of thought within international law is undertaken, with the policy-oriented approach to be utilised in this thesis. The policy-oriented school, which views international law as a process, can incorporate the process of regime formation and development within its framework. An examination of the general international law applicable to climate change and ozone layer depletion is then undertaken, to help explain the need for regime formation in those areas. A discussion of the role of regimes within international law follows, including their formation, maintenance, source of legal obligation, and compliance mechanisms. The strength of a regime's normative or shared expectations, or norms and rules, depends on the shaping of cognitive expectations, or knowledge. These cognitive expectations are in turn dependent on the degree to which uncertainty regarding issues critical to the particular regime has been overcome. An examination of the critical issues particular to climate change and ozone layer depletion is made, as well as how regimes can overcome uncertainty. This is followed by a discussion of regime catalysts. Analyses of the ozone layer depletion and climate change regimes are then made, and an argument for their inclusion as law within the policy-oriented school is made. The thesis concludes that regimes are present within the international legal order and play a vital role in maintaining that order. Thus, this thesis aims to make an original contribution to the discipline of international law through the study of regimes, which signal the presence of the international legal order where it has previously been ignored or deemed nonexistent.

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38

Budeli, Mpfariseni. « Freedom of association and trade unionism in South Africa : from apartheid to the democratic constitutional order ». Doctoral thesis, University of Cape Town, 2007. http://hdl.handle.net/11427/10253.

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Includes bibliographical references (leaves 297-330).
This doctoral thesis deals with freedom of association and trade unionism in South Africa. Freedom of association is one of the fundamental rights and freedoms enshrined in a number of legal instruments both at the international and municipal levels. Progress and democracy require respect for human rights, including the right to freedom of association at the workplace. Trade unionism is the expression of this right. The development of trade unionism in South Africa is closely related to that of freedom of association and was instrumental to the demise of apartheid. This work provides a theoretical, historical and legal background to freedom of association and trade unionism, both from a comparative and international law perspective. It then investigates the legal and jurisprudential protection of freedom of association and trade unionism under apartheid before dealing with their protection under the post-apartheid legal order. The thesis argues that international law in general and international labour law in particular contributed a lot to the development of freedom of association and trade unionism in South Africa. It concludes that South Africa has gone a long way in protecting freedom of association at the workplace and trade unions played a critical role in the consolidation of democracy in the country. The prospects for the protection of freedom of association and trade unions are good. However, there are also a number of challenges, political, social, economic, and intellectual. These challenges need to be overcome to consolidate democracy and a culture of human rights. The thesis ends with some recommendations for further research to ensure the best protection of freedom of association and trade unions in South Africa and the rest of our continent.

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39

Ryan, Jo Margaret. « Law and order in uncertain times : 'The Free Economy and the Strong State' / ». Title page, table of contents and abstract only, 2001. http://web4.library.adelaide.edu.au/theses/09AR/09arr9881.pdf.

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40

Verduyn, Anthony James. « The attitude of the Parliamentary Commons to law and order under Edward III ». Thesis, University of Oxford, 1991. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.316889.

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41

Nina, Francis Daniel. « Law and order in colonial Puerto Rico : a critical assessment of the criminal justice system, 1974-1984 ». Thesis, University of Kent, 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.279814.

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42

Hagenloh, Paul. « Police, crime, and public order in Stalin's Russia, 1930-1941 / ». Digital version accessible at:, 1999. http://wwwlib.umi.com/cr/utexas/main.

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43

Godden, Lee, et n/a. « Nature as Other : The Legal Ordering of the Natural World : Natural Heritage Law and Its Intersection With Property Law and Native Title ». Griffith University. Griffith Law School, 2000. http://www4.gu.edu.au:8080/adt-root/public/adt-QGU20050831.095124.

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This thesis argues that the legal ordering of the natural environment represents a culturally contingent 'order of things'. Within this process of categorisation, Nature is constructed as an 'other' to the human subject. This opposition allows nature to be conceived as either an object of control, as found in property law, or as a wilderness to be preserved apart from human society. This latter view is implicit to the principles informing early environmental laws for the protection of natural heritage in international law and within Australia. More recently, this distinctively western legal ordering has been challenged to be more culturally inclusive and to include concepts that incorporate human interaction with the natural environment. In making this argument, the thesis adopts a theoretical framework derived from Foucault's 'Order of Things'. Modem western understanding of the natural environment is directly informed by western science. Scientific discourses, with origins in the Enlightenment, have been extremely influential in determining the legal ordering of the natural environment. In this context, the thesis provides an overview of the conceptual shift from a pre-scientific, organic conception of the relationship between people and nature to a people/nature dichotomy that persists as the nature/culture meta-narrative in modern society. The rise of a more holistic conception of the natural environment, based in ecological principles, has only partially displaced the latter view. The thesis also examines the manner in which property law constitutes the 'proper' order of the natural world within western culture. The bundle of rights concept, implicit to modern conceptions of property, finds resonances in western scientific understanding of the natural world. In particular, property law replicates the subject /object distinction that is central to modern western thought. The positing of nature as an object of control through the property relationship has been a resilient ordering of the natural environment. It has directly contributed to an instrumental perception of the natural environment. Indeed, the property concept was the central way of 'constructing' the Australian natural environment at law from colonisation to well into the twentieth century. The initial legal designation of Australia as 'terra nullius' allowed received English property law to form the template for ordering the occupation of the Australian natural environment by British civilisation. In the second half of the 20th century the wilderness ideal, in concert with ecological 'balance' concepts, gained currency in international and domestic law as the foundation for the protection of natural heritage. Natural heritage protection was a high profile aspect of early environmental laws in Australia. Thus the World Heritage Convention assumed an importance for natural heritage protection within Australia due to specific historical, political and constitutional factors. The adoption of 'holistic' definitions of environment in many pieces of Australian legislation has served to partially displace the instrumental, proprietary view of nature. However, the legal recognition of natural heritage, when based around wilderness ideals, remains predicated upon the western people/nature dichotomy. More recently, reforms to early environmental laws have been instituted and case law reveals a state of flux in how natural heritage areas are to be identified and valued. The traditional western legal constructions of nature have served to occlude Aboriginal and Tones Strait Islander peoples' relationships with 'country'. Such legal frameworks continue to be problematic if a more culturally inclusive and holistic conception of heritage, such as cultural landscapes, is to be adopted. Further, while the recognition of native title has led to a re-examination of many fundamental legal principles, reexamination of our western legal constructs remains incomplete. One of the crucial areas yet to be fully worked through is how to accommodate western dualistic notions of the relationship between people and the natural environment with the legal requirements to establish native title. The need for accommodation has direct practical ramifications in that many world heritage, national estate and other 'wilderness' areas are, or may be, subject to native title claims. Therefore, the thesis considers the need to re-assess western, scientifically derived conceptions of natural heritage as the prevailing principles for environmental preservation. Finally the thesis discusses the contingency of any legal ordering of the natural world. Western representations of nature have exerted tremendous influence upon the legal regimes that have regulated and ordered nature across the Australian continent. These classifications are embedded within a particular cultural narrative. Parts of the Australian natural environment that are designated as property, as natural heritage, as native title, or as cultural heritage do not achieve this legal characterisation due to any inherent value or features of the natural environment itself. These areas are not necessarily property or heritage or native title until incorporated within, or recognised by, western legal frameworks. As such, any decision to ascribe a given legal status to the natural environment as part of the legal ordering needs to be seen as involving issues of choice that have direct distributive justice implications.

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STEVIS, DEMETRIOS. « THE EXPANSION OF STATE JURISDICTION AND INTERNATIONAL ORDER : THE CASE OF THE INTERNATIONAL SEABED AREA ». Diss., The University of Arizona, 1987. http://hdl.handle.net/10150/184099.

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In 1982 the USA and other major industrial states refused to sign the Convention on the Law of the Sea--the result of the Conference on the Law of the Sea--because of objections to its provisions on the seabed beyond state jurisdiction--the International Seabed Area. According to them the system set up by the Convention is favorable to the third world and inimical to the material and ideological interests of these industrial states. Concurrently, however, the US and its allies argue that the remaining provisions of the Convention are generally accepted and part of International Law. These provisions include, among other, transit passage through straits, the 12nm Territorial Sea, the 200nm Exclusive Economic Zone and the Continental Shelf. In opposition to the Convention's seabed system the US has promoted efforts at a Reciprocating States' Agreement which, thus far, has resulted in a Provisional Understanding among eight western states. In this work I argue that the limits of state jurisdiction are not conclusively set and that both the Exclusive Economic Zone and the Continental Shelf are subject to political and legal challenges. Moreover, these challenges will grow stronger because of competition, primarily among the major industrial states, over the resources and the military and waste disposal uses of the seabed and because of the inconsistencies of major maritime states in their defense of narrow zones of coastal jurisdiction. With respect to the argument of the US and some of its allies that the deep seabed provisions of the Convention are beneficial to the third world and inimical to the major industrial states I suggest that this is not the case. In fact, the major industrial states are the primary beneficiaries of the Convention's seabed resource system, as they are the beneficiaries of the systems regulating the military and waste disposal uses of the High Seas and the international seabed. The core characteristic of the resource system, however, is the protection it offers to the less endowed among these industrial states and to the major industrializing states. Inasmuch as the Provisional Understanding does not protect these states--most of which are in a position to challenge a variety of the Convention's remaining provisions--the Reciprocating States' Agreement strategy is conflictual and destabilizing.

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Girard, Isabelle Marie-Lise. « Chapter 19 of the NAFTA and the Mexican juicio de amparo : When international law collides with the Mexican legal order ». Thesis, University of Ottawa (Canada), 2002. http://hdl.handle.net/10393/6406.

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This thesis analyzes the impact and consequences of Chapter 19 of the NAFTA on the Mexican legal order and more particularly on the constitutional remedy of the juicio de amparo. The thesis deals with four main issues: (1) a study of the specific elements of the domestic judicial review process in antidumping and countervailing duty cases in Mexico with an emphasis on the functions and applications of the juicio de amparo , seeking to demonstrate the importance of the juicio de amparo to the Mexican legal order and its application in the context of the Mexican foreign trade law regime; (2) a study of the specific elements of the review procedure of Chapter 19 of the NAFTA to show that the Parties1 intended to prohibit the application of domestic judicial review; (3) an analysis of the constitutional issues surrounding the establishment of a panel, to demonstrate that the doctrine of the exhaustion of local remedies does not apply to Chapter 19 of the NAFTA; and lastly (4) an analysis of the application of the juicio de amparo to the decisions of the binational panels and to the determinations on remand of the Mexican investigative authority. This thesis will show that binational panels are not authorities for the purposes of the juicio de amparo but that the juicio de amparo can apply to determinations, made pursuant to a remand for action of the panel, in certain circumstances. 1Parties pursuant to the North American Free Trade Agreement ("NAFTA") include Canada, Mexico and the United States.

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McLeod, Abby. « Contesting violence : state and simbu approaches to law and order in contemporary Papua New Guinea / ». [St. Lucia, Qld.], 2002. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe17252.pdf.

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Wangmann, Jane Margaret. « "She said..." "He said..." : Cross applications in NSW apprehended domestic violence order proceedings ». Thesis, The University of Sydney, 2009. http://hdl.handle.net/2123/5819.

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This thesis examines the use of cross applications in civil protection order proceedings in New South Wales (NSW) (known as Apprehended Domestic Violence Orders, ADVOs). A cross application takes place when one person in an existing or former intimate relationship, usually the woman, applies for an ADVO and sometime afterwards the defendant in that originating application, usually the man, seeks an ADVO against the first person. The focus on cross applications provides a means to investigate the nature of men’s and women’s competing allegations about domestic violence, and to explore the way in which professionals working within the ADVO system approach, and seek to unravel, these competing claims. This thesis draws on the extensive debate within the sociological literature about ‘what is domestic violence’ and whether domestic violence is gendered in its perpetration. This debate has been paid scant attention in the legal literature. This thesis examines the assumptions underpinning the legal definitions and understandings of domestic violence in the civil protection order system, with reference to these theoretical debates about ‘what is domestic violence’ and ‘what counts as domestic violence’. To do so it draws on empirical work: semi-structured in-depth interviews with women involved in cross applications and key professionals working in the field, documentary analysis of court files, and observations of court proceedings. The key contribution of this thesis to this literature is threefold: (1) it explores the question of gender perpetration through the investigation of official data (a data source little explored in debates about gender and domestic violence), (2) it combines qualitative and quantitative methods in a single study, and (3) it extends questions about the gendered perpetration of domestic violence to the legal arena (in particular the prime legal arena that responds to domestic violence in NSW, the ADVO system, a system ostensibly designed to better respond to domestic violence). This thesis found that, like other studies in this field, the analysis of quantitative data alone reveals few differences between the types of violence men and women are alleged to use against their intimate partners. However when supplemented by qualitative data differences started to emerge particularly for men who lodged their application second in time. This qualitative analysis reveals not only that male second applicants appeared to make claims of a different nature, but that some men appeared to use the ADVO process to undermine women’s claims for legal protection. The differences that emerged between men and women’s alleged experiences of domestic violence resonated with feminist understandings of domestic violence that highlight its function of control and the repetitive, cumulative environment in which violence is perpetrated by men against women. While the study focussed on cross applications, its findings reveal a number of issues of concern for the ADVO system more broadly: its focus on incidents, the poor quality of complaint narratives, the brevity of court proceedings and the emphasis on settlement. These features undermine the progressive potential of the ADVO legislation to capture more than single incidents of largely physical violence. This was further compounded by the fact that while the professionals interviewed articulated broad definitions of domestic violence, this tended to be lost when responding to practice-orientated questions (here professionals returned to incident-based definitions). Perhaps more significantly the defining feature of domestic violence as a mechanism of control is not articulated in the NSW legislation, and hence (not unsurprisingly) was generally not articulated in the complaint narratives examined in this thesis. Yet control was the dominant way in which the women interviewed described their relationship with their former partner. The failure of complaint narratives to reflect the dimension of control, combined with the failure of key professionals to give sufficient emphasis to control in their practice under the ADVO legislation, an absence highlighted through the focus on cross applications, is an issue of concern for the ADVO system generally. This is important given the growing recognition in the research literature of the fundamental nature of control to the experience of domestic violence, particularly women’s experiences of domestic violence.

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Wangmann, Jane Margaret. « "She said..." "He said..." : Cross applications in NSW apprehended domestic violence order proceedings ». Faculty of Law, University of Sydney, 2009. http://hdl.handle.net/2123/5819.

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Doctor of Philosophy (PhD)
This thesis examines the use of cross applications in civil protection order proceedings in New South Wales (NSW) (known as Apprehended Domestic Violence Orders, ADVOs). A cross application takes place when one person in an existing or former intimate relationship, usually the woman, applies for an ADVO and sometime afterwards the defendant in that originating application, usually the man, seeks an ADVO against the first person. The focus on cross applications provides a means to investigate the nature of men’s and women’s competing allegations about domestic violence, and to explore the way in which professionals working within the ADVO system approach, and seek to unravel, these competing claims. This thesis draws on the extensive debate within the sociological literature about ‘what is domestic violence’ and whether domestic violence is gendered in its perpetration. This debate has been paid scant attention in the legal literature. This thesis examines the assumptions underpinning the legal definitions and understandings of domestic violence in the civil protection order system, with reference to these theoretical debates about ‘what is domestic violence’ and ‘what counts as domestic violence’. To do so it draws on empirical work: semi-structured in-depth interviews with women involved in cross applications and key professionals working in the field, documentary analysis of court files, and observations of court proceedings. The key contribution of this thesis to this literature is threefold: (1) it explores the question of gender perpetration through the investigation of official data (a data source little explored in debates about gender and domestic violence), (2) it combines qualitative and quantitative methods in a single study, and (3) it extends questions about the gendered perpetration of domestic violence to the legal arena (in particular the prime legal arena that responds to domestic violence in NSW, the ADVO system, a system ostensibly designed to better respond to domestic violence). This thesis found that, like other studies in this field, the analysis of quantitative data alone reveals few differences between the types of violence men and women are alleged to use against their intimate partners. However when supplemented by qualitative data differences started to emerge particularly for men who lodged their application second in time. This qualitative analysis reveals not only that male second applicants appeared to make claims of a different nature, but that some men appeared to use the ADVO process to undermine women’s claims for legal protection. The differences that emerged between men and women’s alleged experiences of domestic violence resonated with feminist understandings of domestic violence that highlight its function of control and the repetitive, cumulative environment in which violence is perpetrated by men against women. While the study focussed on cross applications, its findings reveal a number of issues of concern for the ADVO system more broadly: its focus on incidents, the poor quality of complaint narratives, the brevity of court proceedings and the emphasis on settlement. These features undermine the progressive potential of the ADVO legislation to capture more than single incidents of largely physical violence. This was further compounded by the fact that while the professionals interviewed articulated broad definitions of domestic violence, this tended to be lost when responding to practice-orientated questions (here professionals returned to incident-based definitions). Perhaps more significantly the defining feature of domestic violence as a mechanism of control is not articulated in the NSW legislation, and hence (not unsurprisingly) was generally not articulated in the complaint narratives examined in this thesis. Yet control was the dominant way in which the women interviewed described their relationship with their former partner. The failure of complaint narratives to reflect the dimension of control, combined with the failure of key professionals to give sufficient emphasis to control in their practice under the ADVO legislation, an absence highlighted through the focus on cross applications, is an issue of concern for the ADVO system generally. This is important given the growing recognition in the research literature of the fundamental nature of control to the experience of domestic violence, particularly women’s experiences of domestic violence.

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Carragher, Michael. « The office of prior provincial in the proper law of the Order of Preachers ». Theological Research Exchange Network (TREN), 1985. http://www.tren.com.

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Nordbrandt, Lisa, et Lina Birgersson. « Developing Legal University Education in Lao PDR : In order to Strengthen Rule of Law ». Thesis, Umeå universitet, Juridiska institutionen, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-101286.

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Thèses sur le sujet « Order of Sergeants at Law »

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