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1
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.
2
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.
3
Lee, Yin Harn. « Videogame modifications under copyright law ». Thesis, University of Cambridge, 2015. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.709009.
Texte intégral
4
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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5
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.
6
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.
7
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.
8
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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9
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.
Texte intégral
10
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.
Texte intégralRésumé :
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.
11
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.
12
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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13
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.
14
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.
15
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.
16
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
17
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/.
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18
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.
19
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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20
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.
21
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.
22
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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23
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.
24
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.
25
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.
26
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.
27
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.
28
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.
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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.
Texte intégral
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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.
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Komiya, Fumito. « A comparative study of the law of dismissal in Japan, Great Britain and the United States from the perspective of employment protection ». Thesis, London School of Economics and Political Science (University of London), 1997. http://etheses.lse.ac.uk/2237/.
Texte intégralRésumé :
This thesis analyses the present state of the law of dismissal in Japan, Great Britain and the USA, with a view to evaluating the adequacy of regulation, accessibility of procedure and effectiveness of remedy in each of these systems from the perspective of employment protection. Possible improvements of these systems are considered, having regard to the policies underlying them. In the first chapter, the development of the law of dismissal in each country is briefly reviewed. The second chapter considers the extent to which the protection of the law of dismissal covers different forms of the termination of employment in each country. The third, fourth, and fifth chapters examine the general law of dismissal in these countries and identify what kind of regulation, procedures and remedies apply to dismissals in each case. The sixth chapter examines the legal status of provisions in collective agreements concerning dismissal in each country, and special attention is paid to how arbitration regulates dismissals in Britain and the US. The seventh chapter examines the grounds on which it is unlawful to dismiss employees, the administrative bodies which deal with discriminatory dismissal claims, and the procedures and remedies for discriminatory dismissals, in each country. Chapter eight examines the regulation, procedure and remedies applicable to dismissals for redundancy or economic reasons in each country. The ninth chapter examines the effectiveness of the legal systems of dismissal of each country from the view-point of the employee's protection, and the tenth chapter considers the policy behind the system of each country. The final chapter considers the prospects for improvement of the systems and reflects on Japanese employment law.
32
Moffatt, Rowena. « An appeal to principle : a theory of appeals and review of migration status decision-making in the United Kingdom ». Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:95a2afbc-835e-4de9-84b4-2e65598bfd4b.
Texte intégralRésumé :
The question asked by this thesis is when and why, as a matter of principle, should there be judicial scrutiny on the merits of administrative decisions on migration status ('migration status decisions') in the United Kingdom? It argues that this is a moral question, engaging concerns of fair treatment. The first two chapters examine the question theoretically. It is argued that access to justice is not a gift of citizenship and that migration status decision-making should be reviewable on the merits to avoid the appearance and/or occurrence of injustice in the light of the effects of migration control on individual migrants and the nature of migration status decision-making as 'very imperfect procedural justice' (save where a decision is not based on the judgment discretion of an administrator). The latter five chapters apply the normative claims to the United Kingdom constitutional context, including the relevant European regimes (European Convention on Fundamental Rights and European Union). First, as background to the argument, a history of recourse from migration status decision-making in the UK from the initial establishment of a review system in 1905 is sketched out. The history demonstrates the absence of a coherent or principled account of migration status appeals. The history is followed by a three-part critique of the current system of recourse in the UK. First rights of appeal in three case studies (deportation, offshore visitors and students) are examined. Secondly, the three standards of review available under judicial review (rationality, anxious scrutiny and proportionality) are critiqued, and thirdly, the contribution of European and international norms is considered. In general terms the thesis concludes that the current UK system of recourse is deficient in certain respects and suggests reform to the current appeals system.
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Smith, Mark Bowler. « UK competitiveness, sustainable development and corporate taxation : using the corporation tax to promote increased resource productivity in line with the law and policy of the European Union ». Thesis, University of Cambridge, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.610274.
Texte intégral
34
Weston, Tracey Lee. « A comparison of the effectiveness of the judicial doctrine of "substance over form" with legislated measures in combatting tax avoidance ». Thesis, Rhodes University, 2004. http://hdl.handle.net/10962/100.
Texte intégralRésumé :
Taxation statutes often provide opportunities for tax avoidance by taxpayers who exploit the provisions of the taxing statute to reduce the tax that they are legally required to pay. It is, however, important to distinguish between the concepts of tax avoidance and tax evasion. The central issue, especially where the contract has no business purpose, is whether it is possible for the substance and legal form of the transaction to differ to such an extent that a court of law will favour the substance rather than the legal format. The debate is whether the courts should be encouraged to continue with their "judge-made" law or whether the tax jurisdictions should be supporting a legislative route as opposed to a judicial one, in their efforts not only to combat tax avoidance but also to preserve taxpayer certainty. The question is whether the Doctrine of "Substance over Form" as applied by the judiciary is effective in combating tax avoidance, or whether a legislated general anti-avoidance provision is required. An intensive literature survey examines the changes which have occurred in the application of judicial tests from the 1930's to date and investigates the different approaches tax jurisdictions follow in order to combat tax avoidance. The effect of the introduction of anti-avoidance provisions in combating tax avoidance is evaluated by making a comparison between the United Kingdom and South Africa. [n the United Kingdom, the courts are relied on to create anti-tax avoidance rules, one of which is the Doctrine of "Substance over Form". The doctrine is very broad and identifies various applications of the doctrine, which have been developed by the courts. In South Africa, the Doctrine of "Substance over Form" has been applied in certain tax cases; however the South African Income Tax Act does include anti-tax avoidance sections aimed at specific tax avoidance schemes, as well as a general anti-tax avoidance measure enacted as section 103. The judicial tests have progressed and changed over time and the introduction of anti-avoidance legislation in the Income Tax Act has had an effect on tax planning opportunities. A distinction needs to be made between fraudulent and bona fide transactions while recognising the taxpayer's right to arrange his or her affairs in a manner which is beneficial to him or her from a tax perspective. Judicial activism and judicial legislation in the United Kingdom has created much uncertainty amongst taxpayers and as a result strongly supports the retention of a general anti-avoidance section within an Income Tax Act. A general anti-avoidance provision, following a legislative route, appears to be more consistent and effective in combating tax avoidance.
35
Violet, Ian. « The allocation of responsibility for the maintenance of the single parent family ». Thesis, University of British Columbia, 1990. http://hdl.handle.net/2429/28828.
Texte intégralRésumé :
The social problem under investigation is that of widespread poverty amongst households comprising minor chidren and a lone parent, whether this household has arisen due to a birth outside a stable union, separation, divorce or widowhood. The scale and features of this poverty are identified with reference to demographic data from Canada and the United Kingdom.
Possible policies for reform are identified through a thorough review of literature from the Commonwealth and the United States. Special attention is paid to empirical investigations and the relationship between public and private support of single parent families.
Whilst none of the four hypothetical reforms proposed - a system of insurance, rigorous enforcement of court orders, constraining judicial discretion, expanded rights to public support - is unconditionally accepted, only insurance is rejected as offering nothing of value. The conclusion is that the non-custodial parent's responsibility for his or her children must continue to be emphasised but that public resources should be expended with a view to assisting the single parent to obtain, enforce and periodically vary orders in favour of the children. For the single parent himself or herself, the aim must be to reverse the current process of marginalisation within society and this independence can best be achieved by reforms of the labour market rather than by reforms of the legal process.Law, Peter A. Allard School of
Graduate
36
Waters, Ian Benjamin. « Australian conciliar legislation prior to the 1917 Code of Canon Law : A comparative study with similar conciliar legislation in Great Britain, Ireland, and North America ». Thesis, University of Ottawa (Canada), 1990. http://hdl.handle.net/10393/5997.
Texte intégral
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Robinson, Emma Louise. « Liberty compromised ? : George Orwell, English Law and the Second World War ». Thesis, University of Birmingham, 2017. http://etheses.bham.ac.uk//id/eprint/7329/.
Texte intégralRésumé :
This thesis considers George Orwell’s response to the emergency legislation of the Second World War. Considering legal and historical sources alongside his biography and corpus it reassesses the impact of Orwell’s works in the context of his patriotism, Englishness and views on the law. This thesis argues that Orwell’s experiences in Burma and Spain established his expectations – as an Englishman – for the law during a crisis. It juxtaposes Orwell’s pre-war anxiety regarding potentially ‘fascising measures’ to his relative silence when emergency powers were introduced in England, suggesting Orwell tacitly endorsed controversial measures, including internment, in the unique context of the early war. The thesis considers wartime compromises Orwell felt were necessary, noting his complicity in curtailing freedom of speech at the BBC, before his critical voice re-emerged regarding the normalisation of emergency powers. New readings of 'Animal Farm' and 'Nineteen Eighty-Four' highlight both their resonance with the English wartime regime and the dangers implicit in emergency legal systems, drawing out Orwell’s concern that eroding English values and legal traditions removed a bulwark against totalitarianism. Given his changing positions concerning individual freedoms this thesis consequently argues for a more nuanced appraisal of Orwell’s reputation as an unwavering defender of civil liberties.
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Bieker, Eva. « Die Interventionen Frankreichs und Grossbritanniens anlässlich des Frankfurter Wachensturms 1833 eine Fallstudie zur Geschichte völkerrechtlicher Verträge / ». Baden-Baden : Nomos Verlagsgesellschaft, 2003. http://books.google.com/books?id=mNPiAAAAMAAJ.
Texte intégral
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Calnan, Scott Law Faculty of Law UNSW. « In the trenches : a comparative analysis of the nature and effectiveness of the mobilisation of law by domestic human rights NGOs in the United States, Britain and Germany ». Awarded by:University of New South Wales. School of Law, 2004. http://handle.unsw.edu.au/1959.4/23951.
Texte intégralRésumé :
This thesis critically compares how domestic human rights NGOs (DNGOs) in the United States, Britain and Germany use (or mobilise) law to enforce human rights standards and proposes a method to measure their effectiveness in doing so. To do this it draws upon both case studies and literature from many disciplines. On the basis of the data and the literature it finds that, despite their great diversity, DNGOs in each jurisdiction show general similarities in their ???styles??? of operation and use of the law. It also finds that their effectiveness in enforcing human rights can be ascertained with reasonable accuracy and that a DNGO???s size and access to resources does not necessarily correlate with its effectiveness. The context in which the above questions were investigated was one in which there existed very little literature that examined the work of DNGOs (as opposed to international NGOs) as well as few theoretical approaches that would allow their activities to be critically examined and compared. It was also a context in which there was a great deal of discussion in the literature about the crucial importance of DNGOs in human rights enforcement and a growing suspicion that Globalisation might be making their role even more important than it was in the past. To address these issues the author used case studies to supply the necessary detail and a method using ???ideal types??? to assess the data. He also proposed a method to measure DNGO effectiveness so that the case studies could be more thoroughly compared and their true success in human rights enforcement revealed. Despite the incredible diversity among DNGOs the author was able to draw a few useful conclusions about how successful DNGOs operate. In response to these conclusions the author proposed that one possible route by which DNGOs could improve their effectiveness was to transplant their characteristics between jurisdictions. The author also found some evidence that Globalisation was having an effect on DNGOs and proposed some ways in which individual case studies could take advantage of this.
40
Zheng, Wei 1980. « The law of ship mortgages in China and a comparison with the law of the U.K. and Canada / ». Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=82676.
Texte intégralRésumé :
Through a comparative study of the law in the U.K. and Canada, the thesis will examine the law of ship mortgages in China.In the beginning, the thesis will discuss the concept of ownership in ships, ships' registration and the concept of ship mortgages. After laying the theoretical basis, the author will go on to talk about the rights and obligations of the mortgagor and mortgagee. Furthermore, the priority of maritime claims under Chinese maritime law will be presented. The last part of the thesis will be dedicated on the subject of conflict of laws in the domain of the law of ship mortgages.
After the comparative study, the author intends to show that legal comparison might be a possible methodology in the theoretical preparatory process of the amendment of the Maritime Code of China 1993.
41
Rorive, Isabelle. « Le revirement de jurisprudence en droit belge et en droit anglais ». Doctoral thesis, Universite Libre de Bruxelles, 2000. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/211785.
Texte intégral
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Smith, Justin Samuel Ewald. « "The Sword and the Law" : Elizabethan soldiers' perception and practice of the laws of armed conflict, 1569-1587 ». Thesis, University of Glasgow, 2017. http://theses.gla.ac.uk/8552/.
Texte intégralRésumé :
This thesis argues that contemporary views of the laws of arms among soldiers, and of the laws of war by legal theorists, influenced particular military campaigns and individual actions in a variety of armed conflicts. Elizabeth I’s officer corps were careful to act in wars so that their actions would be seen as honourable by outside observers in the belief that such actions would add to their personal glory. Their individual and corporate perception of the laws of war directly affected military practices. However, the Elizabethan military establishment was engaged in conflicts that did not conform to contemporary views of just war. Catholic popes funded military expeditions against England and its dominion of Ireland, where the leaders were granted commissions to wage holy war not just war. The suppression of armed rebellions in Ireland employed numerous soldiers, and much of the machinery of state was supported by the English military. Holy war and counterinsurgency operations had no parallels in just war theory. The laws of war provided an important new context for re-evaluating military practices. Although legal discourse was predominantly ordered towards fighting regular wars, with careful reading of contemporary sources, there are important indicators that illuminate contemporary justifications for some of the more brutal military actions associated with the English military establishment, particularly in Ireland. By re-examining the discourse on the laws of war, the thesis finds that soldiers took seriously the customs of war and through them, it reassesses the motivations and mentalities of commissioned officers. This discourse was then used as a basis by which the conduct of soldiers can be understood and contextualised within English political and ethical structures.
43
Eiser, David. « Regional economics and constitutional change in the UK ». Thesis, University of Stirling, 2016. http://hdl.handle.net/1893/26053.
Texte intégralRésumé :
The UK, traditionally one of the more fiscally centralised of OECD countries, is currently in the midst of an extensive programme of tax decentralisation. This is most evident in Scotland. Ten years ago the Scottish Government was almost wholly reliant on a block grant from the UK Government to fund its spending, and debate was focussed on how the determination of this grant should be reformed. Today the Scottish Government has far greater fiscal autonomy. Income tax was almost fully devolved to the Scottish Parliament in April 2017, and around half of VAT revenues will be assigned to Scotland by 2020. As a result, the devolved Scottish budget will in future be linked much more closely to Scotland’s economy, and Scottish politicians will be able to deviate from UK policy on the setting of income tax and various smaller taxes. The objective of this PhD is to examine the economic and political motivations for and implications of greater fiscal decentralisation, with a particular focus on the Scottish case. Its key over-arching questions include: • Which fiscal powers are more and less suitable for decentralisation, and what might constraints might a devolved government face in exercising devolved tax powers? • To what extent are the objectives of fiscal decentralisation compatible with the goal of inter-regional equity in public good provision? • To what extent is fiscal decentralisation likely to enhance the incentives faced by politicians in a devolved parliament to pursue particular types of policy? And to what extent does the answer to this question depend upon the way in which supporting fiscal institutions, notably including the design of block grant arrangements, influence this? • What factors determine regional economic performance, and to what extent can devolved governments be held accountable for (or face the budgetary consequences of) those trends? • To what extent might fiscal decentralisation assuage or accentuate demands for Scottish independence? This PhD consists of four academic papers covering aspects of regional economics and constitutional change in the UK, with a particular focus on Scotland. Each of the four papers is preceded by an abstract. An introductory chapter provides theoretical and policy context within which the four papers are situated. A concluding section to the PhD is provided in Chapter 6. The four papers cover the following topics: • Paper 1 (Chapter 2) was published in the immediate aftermath of the Scottish independence referendum of 2014, and considers the issues and constraints involved in devolving further fiscal powers to the Scottish Parliament. • Paper 2 (Chapter 3) considers the scope for replacing the Barnett Formula (used to allocate funding to the Scottish Government) with a form of spending-needs assessment, based on a comparative analysis of formulae used within England and Scotland to allocate health funding to territorial health boards. • Paper 3 (Chapter 4) examines how regional labour markets in the UK responded to the 2008/9 recession and its aftermath, and considers which factors may have influenced regional resilience to the recession. • Paper 4 (Chapter 5) examines the factors that determine differential growth in regional income tax revenues, and considers the extent to which it is reasonable to hold devolved governments wholly to account for differential economic performance. • Chapter 6 concludes.
44
Moses, Julia Margaret. « Industrial accident compensation policies, state and society in Britain, Germany and Italy, 1870-1925 ». Thesis, University of Cambridge, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.609115.
Texte intégral
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Blackham, Alysia Paige. « Extending working life for older workers : an empirical legal analysis of age discrimination laws in the UK ». Thesis, University of Cambridge, 2015. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.709060.
Texte intégral
46
Qi, Jing. « Britain's drug-pushing activities in China : the two opium wars from the perspective of their lawyers and legal advisors ». Thesis, University of Aberdeen, 2012. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=192187.
Texte intégralRésumé :
In this study, the first clashes between Western explorers and the Far East, as well as relations between Britain and China from the eve of the First Opium War (FOW) to the establishment of the British diplomatic residence in Beijing under the treaty regime, have been discussed from a legal point of view. This thesis provides a look at the circumstances of Britain’s encounter with China, their defeat of China through two Opium Wars and their use of unequal treaties to put China into a position of disadvantage. A study of British archives demonstrates the complexity of, and nuance in international law between China and the West from the 1830s to 1860. British national archives allow investigation of the legal perspective on the issues around the opium trade and the way in which it led to the FOW. The archives also shed light on the Second Opium War (SOW) and on the Western acquisition of privileges through the unequal treaties signed at the end of both wars. In its relations with China, Britain left behind the rules and practices which they recognised as the contemporary law of nations and instead, whenever the British financial and economic interest was affected, resorted to force. This paper’s purpose is to show the limitation, according to Chinese Confucian thought, of the self-perception of the Western conception of law and the justice. In fact, this thesis will also show how some British legal advisors and politicians took the side of China and how they argued that Britain had violated the principles of international law. They recognised that China was a sovereign nation and that international law applied in its relations with Britain. Thus this study uncovers aspects of history of international law in the 19th century neglected because of the later prospering of racial theories.
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Sheppard, Maria Kreszentia. « The destabilising effects of patient choice : law, policy, politics & ; the paradox of complementary alternative medicine in the NHS ». Thesis, Queen Mary, University of London, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.612582.
Texte intégral
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Chan, Wai-man, et 陳偉文. « The control and management of dangerous substances and chemicals in Hong Kong ». Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1998. http://hub.hku.hk/bib/B31253945.
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49
Melnick, Elaine Millar. « Women's employment, sex discrimination, and the law : legal and administrative remedies in Great Britain, with some reference to the United States ». Thesis, University of Surrey, 1986. http://epubs.surrey.ac.uk/688/.
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50
Brown, Abraham K. « Tobacco policy influence on denormalisation of smoking ». Thesis, University of Stirling, 2009. http://hdl.handle.net/1893/1791.
Texte intégralRésumé :
The social norms concept provides a fresh basis for thinking about how public health policies and campaigns impact health behaviour. Social norms offer much promise to the field of public health, nonetheless, the potential role of norms in changing health behaviour have not been fully embraced. This thesis demonstrates that one of the mechanisms by which national level policies (e.g. tobacco control) can promote health behaviour change, such as an increase in quit intentions, is by making smoking less normative and an undesirable behaviour. This study is vital as it provides a broad conceptualization of tobacco denormalisation and shows how its reasoning is able to influence normative beliefs and smoking behaviour. A review of literature was carried out to establish the generic origins of denormalisation as well as demonstrate that this approach (i.e. social norms) has been widely adopted in schools and college settings to influence health behaviour. As a broader perspective of this thinking was imperative to address public health issues at a societal level, tobacco control was employed to investigate how individual polices influence behaviour and normative beliefs. The research methodology used was pluralistic in nature, given that the majority of past tobacco control policy studies employed either quantitative or qualitative methods. Thus adopting both methods a richer amount of data would be obtained in order to generate an improved understanding of how public policy affects norms and smoking behaviour. To empirically examine the relationship between public policy, social norms and smoking behaviour a broad conceptualization was developed to investigate the normative pathways between national level tobacco policy effects on youth and adults’ smoking behaviour. Quantitative results from the longitudinal study, the International Tobacco Control (ITC) Scotland/UK survey, indicate that a comprehensive smoke-free law that covers, without exception, an entire nation (i.e. Scotland) has increased adult smokers’ perceived social unacceptability of smoking, to some extent higher in Scotland than rest of the UK which, in turn, is associated with quit intentions at follow-up, in both countries. The examination of data from the UK Youth Tobacco Policy Study (YTPS) also demonstrated that the influence of tobacco marketing awareness on adolescents’ smoking intentions is mediated by perceived norms. Prior to the enactment of the UK Tobacco Advertising and Promotion Act (TAPA), higher levels of awareness of tobacco advertising and promotion were independently associated with higher levels of perceived sibling approval which, in turn, were positively related to smoking intentions. Independent paths from perceived smoking prevalence and benefits fully mediated the effects of advertising and promotion awareness on intentions, during and after the enactment of the TAPA. Results from the qualitative study generally supported the quantitative findings and provided new insights into how adolescents’ normative beliefs and smoking behaviour are influenced by tobacco control policies. The qualitative group discussion suggests that smoke-free legislation and anti-smoking ads influence perceptions of prevalence, acceptability and smoking behaviour. A number of theoretical implications were presented, including the belief that social norms campaigns and interventions must be focal and salient in individuals’ consciousness so as to effect the desired behaviour change. A theoretical framework of the various normative mechanisms should consequently be integrated into tobacco control policies and norm-based interventions to work in a synergistic manner to influence health-related behaviour. Practical implications of this conceptualization include the view that, instead of public health interventions focusing on conventional approaches (for example, scare tactics), an appropriate strategy would be to incorporate specific information that corrects normative misperceptions and ambiguities among referent populations at individual and societal levels, with consequential normative and health behaviour change. It is recommended that future research employing tobacco industry perceptions and possibly a descriptive norm as additional normative mediators, aside from unacceptability, would be of value to examine whether smoke-free legislation influences quitting partly via changing favourable tobacco industry perceptions, social acceptability of smoking and perceived prevalence of smoking. To sum up, the findings demonstrate that societal level policy measures such as smoke-free legislation and the TAPA are critical elements of a comprehensive tobacco control program that can significantly influence adult smokers’ quit intentions and reduce adolescents’ smoking intentions respectively, by signifying smoking to be less normative and to be socially unacceptable.