Tesi sul tema "Persons (law)"
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1
Weiß, Norman. "Stichwort: Menschenhandel — Trafficking in Persons". Universität Potsdam, 2003. http://opus.kobv.de/ubp/volltexte/2011/5524/.
Testo completo
2
Reiter, Eric H. "Towards a reintegration of the human being in law". Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=81231.
Testo completoAbstract (sommario):
The person has in theory been at the center of the law since Gaius divided the private law into persons, things, and actions. In constructing the person, however, the law takes apart and sets aside the human being, replacing it with a legal abstraction that diverges markedly from it. This gap is partly due to the way the law has been structured conceptually, as a set of bounded categories clearly distinguished from each other. Viewing the person as the result of a series of either/or classificatory decisions privileges the liberal model of the person: a partimonialized, transactionalized bearer of rights. If instead we reconceptualize the persons-things-actions structure of the private law to emphasize the dynamic interactions between the categories, we can bring back into the concept of the person some aspects of the human being---such as personal relationships---that have traditionally been outside legal analysis.
3
Richardson, Janice. "Selves, persons, individuals : a feminist critique of the law of obligations". Thesis, University of Warwick, 2002. http://wrap.warwick.ac.uk/51310/.
Testo completoAbstract (sommario):
This thesis examines some of the contested meanings of what it is to be a self, person and individual. The law of obligations sets the context for this examination. One of the important aspects of contemporary feminist philosophy has been its move beyond highlighting inconsistencies in political and legal theory, in which theoretical frameworks can be shown to rely upon an ambiguous treatment of women. The feminist theorists whose work is considered use these theoretical weaknesses as a point of departure to propose different conceptual frameworks. I start by analysing contemporary work on the self from within both philosophy of science and feminist metaphysics to draw out common approaches from these diverse positions. These themes are then discussed in the context of the law. I then critically examine the concept of legal personhood in the work of Drucilla Cornell and her proposals for the amendment of tort law. This is juxtaposed with an analysis of the practical operation of tort law by adapting François Ewald's work on risk and insurance to English law. I concentrate on women's ambiguous position with regard to both risk and to the image of the individual that is the subject of Ewald's critique. This is followed by an examination of the changing position of women with regard to 'possessive individualism', 'self-ownership' or 'property in the person' in relation to contract law and social contract theory. There are a number of different social contracts discussed in the thesis: Cornell's reworking of John Rawls and the stories of Thomas Hobbes and of Carole Pateman. The final 'social contract' to be discussed is that of 'new contractualism', the employment of contract as a technique of government. I argue that Pateman's critique of possessive individualism continues to be relevant at a time when the breadwinner/housewife model has broken down.
4
Bakhsh, Faiz. "Humanitarian law in an Islamic context : internally displaced persons in Pakistan". Thesis, Anglia Ruskin University, 2018. http://arro.anglia.ac.uk/703777/.
Testo completoAbstract (sommario):
The headcount of IDPs in the world is currently 40 million, and armed conflict in Pakistan has resulted in repeated displacements for a decade, with an estimated 1.4 million IDPs needing protection from the national government, within an Islamic social and cultural context. This research explores the protection of internally displaced persons (IDPs) under International Humanitarian Law (IHL) in an Islamic context, with a case study of IDPs in Pakistan. This research applies a mixed method approach combining legal interpretation and application of the international legal framework applicable to IDPs and the relevance of Islamic Law in the context of the domestic legal structure of Pakistan. An empirical/socio-legal case study of IDPs in Pakistan uses qualitative field interviews to investigate the implementation of the legal framework applicable to IDPs. This research analyses the applicability of IHL in the presence of Sharia Laws in the domestic legal structure of Pakistan, especially on IDPs affected by non-international armed conflict. It has found a poor domestic legal framework, and poor implementation of IHL, leading to inadequate protection to IDPs. Sharia Law in the legal structure of Pakistan does not hinder IHL from providing protection to IDPs. The government of Pakistan should do more to ensure the applicability of IDPs legal framework, especially the implementation of the rules of IHL, but this is hindered by continuing armed conflict and a lack of review mechanism for the current status and number of IDPs.
5
Bakhsh, Faiz. "Humanitarian law in an Islamic context: Internally displaced persons in Pakistan". Thesis, Anglia Ruskin University, 2018. https://arro.anglia.ac.uk/id/eprint/703777/1/Bakhsh_2018.pdf.
Testo completoAbstract (sommario):
The headcount of IDPs in the world is currently 40 million, and armed conflict in Pakistan has resulted in repeated displacements for a decade, with an estimated 1.4 million IDPs needing protection from the national government, within an Islamic social and cultural context. This research explores the protection of internally displaced persons (IDPs) under International Humanitarian Law (IHL) in an Islamic context, with a case study of IDPs in Pakistan.
This research applies a mixed method approach combining legal interpretation and application of the international legal framework applicable to IDPs and the relevance of Islamic Law in the context of the domestic legal structure of Pakistan. An
empirical/socio-legal case study of IDPs in Pakistan uses qualitative field interviews to investigate the implementation of the legal framework applicable to IDPs.
This research analyses the applicability of IHL in the presence of Sharia Laws in the domestic legal structure of Pakistan, especially on IDPs affected by non-international armed conflict. It has found a poor domestic legal framework, and poor implementation of IHL, leading to inadequate protection to IDPs. Sharia Law in the legal structure of Pakistan does not hinder IHL from providing protection to IDPs.
The government of Pakistan should do more to ensure the applicability of IDPs legal framework, especially the implementation of the rules of IHL, but this is hindered by continuing armed conflict and a lack of review mechanism for the current status and number of IDPs.
6
Lutter, Andrea Elizabeth. "The Impact of Rosa's Law on Describing Persons with Intellectual Disability". Case Western Reserve University School of Graduate Studies / OhioLINK, 2014. http://rave.ohiolink.edu/etdc/view?acc_num=case1398193968.
Testo completo
7
Sikka, Annuradha. "Trafficking in Persons in Canada: Looking for a "Victim"". Thesis, Université d'Ottawa / University of Ottawa, 2014. http://hdl.handle.net/10393/31786.
Testo completoAbstract (sommario):
This dissertation looks at the concept of “trafficking in persons” and how it has been created, interpreted and utilized in the international sphere and in Canada. Using the approach of Critical Legal Pluralism (CLP), it examines the legal regulation of trafficking as being created through a bi-directional constitutive process, with paradigmatic conceptions of trafficking having a hand in creating regulation as well as being influenced by it. Through a review of data retrieved using a variety of qualitative methods as well as classic legal analysis, this dissertation explores the operation of various social actors and their effect on the determination of what trafficking is, and who is worthy of protection from it.
In Part One the international framework is outlined through a discussion of the creation of the dominant paradigm of trafficking and implementations of it. Chapter One traces the history of the anti-trafficking movement by looking at the development of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, and by examining the creation of dominant discourses around trafficking. Chapter 2 uses CLP to examine the influences of a variety of actors on the creation of these discourses and the repercussions the discourses have had on the implementation of anti-trafficking policies.
Part Two then turns to the Canadian context. In Chapter Three, classical legal methodologies are employed to discuss Canada’s obligations under international law with respect to trafficking, as well as the creation of definitions of trafficking in the Canadian legal regulatory context. Chapter Four then reviews data from Canada to discuss the ways in which various actors have been involved in the creation and operation of the dominant paradigm and how it in turn affects the operation of trafficking-related legal constructs. Ultimately, it is found that due to the influence of the dominant paradigm and the motivations that aid in its operation, programs and policies framed under the rubric of “trafficking” necessarily fail to achieve meaningful redress for the groups they purport to benefit.
On this basis, an alternative approach is suggested to address phenomena currently being dealt with through anti-trafficking frameworks. A move is suggested away from a focus on “trafficking” to a sectoral approach, accounting for the complexities and histories of individuals subject to exploitative circumstances.
8
Zwane, Muziwakhe Simphiwe. "Affected persons in business rescue proceedings : has a balance been struck?" Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15175.
Testo completoAbstract (sommario):
The Companies Act of 2008 (the Act) has revolutionised the corporate law landscape in South Africa. The Act has been drafted with the specific intention of promoting access to the economy and of ensuring that cumbersome and costly procedures are (to a large extent) a thing of the past. These objects are a necessity when striving to ensure that South Africa's alarming inequality is abated. One of the central features of the 2008 Act is the introduction of business rescue, a procedure which represents a blatant attempt at striving to preserve ailing companies. The Act states that one of the main objects with regards to business rescue is ensuring that the procedure balances the competing interests involved. The purpose of this thesis therefore is to consider to what extent the 2008 Act has been able to achieve this. This will be done by analysing the rights given to employees, shareholders and creditors. This thesis will argue that though the procedure is a step in the right direction, it has failed to strike a proper balance by overly empowering employees and conversely leaving shareholders somewhat impotent. This thesis will also argue that some of the mechanisms employed, though they may be admirable in what they strive to achieve, leave far too much doubt as to their practicality. The overall conclusion reached is that a major overhaul is not required in order to rid this much needed procedure of its flaws.
9
Manzini, Portia Welile Noxolo. "The critical role of affected persons in successfully rescuing the company". Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/27490.
Testo completoAbstract (sommario):
The purpose of the minor dissertation is to explore the effectiveness of the rights that are provided to affected persons of a company that is under business rescue, and how these rights can be used by the affected persons to ensure that the company is rescue in terms of section 128 (1)(b)(iii) of the Companies Act No.71 of 2008 ("the Companies Act"). Affected persons derive their rights to be involved in the business rescue proceedings from the Companies Act. However, some of the rights provided to the affected persons afford them with protection, arguably, to such an extent that it can be detrimental to the financial status of a company in business rescue As a result, some affected persons end up suffering irreparable financial loss because of the language of the provisions in the Act. In other instances, the Act gives too much protection to affected persons, such as the employees of the company to the detriment of the company. The minor dissertation explores the manner in which an equilibrium can be reached between the protection afforded by the rights given to the affected persons for their benefit in the company while simultaneously using those rights to ensure that the objectives of business rescue are upheld at all times. Research problem: The minor dissertation examines the importance of the rights that are provided to affected persons in business rescue and how these rights can be used by the affected persons to ensure that both the debtor-company and the relevant stakeholders are able to survive the proceedings. It appears from the provisions of Chapter 6 of the Companies Act that although there are three categories of people that are mentioned under the definition of affected persons, there are in fact more people who are negatively affected by the conduct of the company under business rescue. The additional person that is negatively affected in this regard is the surety who has stood to make repayment of the debts of the company should it fail to do so when called up by the creditors. The question of the minor research then turns on whether the current definition of 'affected persons' as mentioned in section 128 of the Companies Act should be expanded to include sureties, and whether the rights of the current affected persons should be amended Must the term 'affected persons' be amended so as to ensure that the persons who are financially linked to the company are included in the business rescue proceedings? This question will be answered by examining the role that current affected persons play in a company that is under business rescue proceedings. The minor dissertation will further examine the extent to which the rights of the affected persons assist or hinder the progress of a company undergoing business rescue proceedings. The need to examine the effectiveness of the rights of the affected person arises as a result of the judicial interpretation of section 154, wherein courts held different views regarding the position of persons who have stood as sureties for the companies that have subsequently been placed under business rescue. The idea to criticise the statutory definition of affected persons came as a result of the conflicting judgments regarding the interpretation of section 154 of the Act which is the provision that has been interpreted by the Supreme Court of Appeal to exclude the sureties from receiving a benefit of the discharge of claims of creditors as concluded between the debtor-company and its creditors. The rights that are provided for the affected persons are critical in ensuring that the business rescue process is managed successfully and that the interests of the relevant stakeholders are considered fully. And the provisions relating to these affected persons should be interpreted in accordance with the rules of interpretation so as to avoid giving legislation meaningless interpretation. Research aim: The aim of the research project is to attempt to criticise and analyse the approaches that has been adopted by the courts in interpreting the rights of the affected persons and their relationship with the company under business rescue proceedings. The research will also provide some suitable alternatives that can be adopted into chapter 6 of the Act so as to curb the harshness currently set by the precedent of our courts when it comes to the company and its relationship with the affected persons. It is argued that the current interpretation of section 154 fails to acknowledge that where the debtor and the creditor agree to discharge a part of the claim of the creditor, the effect of that discharge is that it changes the initial agreement between the creditor and debtor, and the suretyship which is ancillary to that debt should also be reduced in accordance thereof. The interpretation of section 154 has relied upon the wording of the section wherein it provides for the discharge to be conducted in accordance with a business rescue plan has been approved by the relevant stakeholders.
10
Chamblee, Anna Marie McKendry. "Public juridic persons and statutes the application of Canon 117 to parishes /". Theological Research Exchange Network (TREN), 2006. http://www.tren.com/search.cfm?p029-0652.
Testo completo
11
MacLeod, John F. "The processing of persons suspected of crime : tape recording and other issues". Thesis, University of Cambridge, 1991. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.316667.
Testo completo
12
Vivekananthan, Niranjini. "The international legal protection of persons internally displaced by internal armed conflict". Thesis, University of Hull, 2006. http://hydra.hull.ac.uk/resources/hull:5643.
Testo completo
13
Glass, Kathleen Cranley. "Elderly persons and decision-making in a medical context : challenging Canadian law". Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=39315.
Testo completoAbstract (sommario):
The subject of this thesis is the investigation and critical evaluation of how Canadian legal institutions approach substitute decision-making in the particular context of making medical choices for incompetent elderly persons. Underlying the inquiry is an acknowledgment of the right of competent persons to have their autonomy recognized and the duty to protect from harm those with reduced competence. Statutes, case law and custom are examined to determine how well they serve older persons when choices concerning medical treatment and participation in research protocols are required. The adequacy of current Canadian law relating to informed consent to medical treatment and competency assessment is evaluated in light of the special characteristics of elderly persons. Recent and proposed law reforms are examined for their appropriateness in addressing the questions of who should make substitute decisions for incompetent persons and how these decisions should be made. The three foremost criteria used as the basis for making substitute decisions--best interests, substituted judgment and advance directives--are analyzed. A final proposal is made that would redefine the notion of a person's "interests", allowing us to view the criteria for substitute decision-making not as competing, but as complementary, the appropriateness of each varying with the situation in question. Ethical principles have been employed both as a critical framework for assessing the fairness and acceptability of particular laws and as complementary to these laws, since law by its nature can never be crafted to address adequately every question we may pose.The statutes, case law and legal literature referenced in this thesis are up to date as of December 25, 1991.
14
Saare, Kalev. "Eraõigusliku juriidilise isiku õigussubjektsuse piiritlemine /". Tartu : Tartu Ülikooli Kirjastus, 2004. http://dspace.utlib.ee/dspace/bitstream/10062/1044/5/saare.pdf.
Testo completo
15
Kwong, Wilkie Yat Hung. "'Persons of versatility' : private security officers and private policing in residential estates in Hong Kong". Thesis, University of Portsmouth, 2013. https://researchportal.port.ac.uk/portal/en/theses/persons-of-versatility(5d0f14c6-675e-4edf-a4ed-650e3d816c03).html.
Testo completoAbstract (sommario):
This study is the result of exploratory research on the daily lives and experiences of private security officers working in Hong Kong housing estates. As the first qualitative investigation of its kind, it examined two case studies of separate estates through the lens of Nodal Governance, which involved interviews with security practitioners and end-users, work practice observations, and documentary analysis. Security officers were found to ‘wear many hats’. Apart from crime prevention, the core roles and functions of private security in these estates are to enforce property owners’ orders and maintain the residents’ quality of life. These ‘hats’ were underpinned by the operational characteristics of property management businesses, especially that of security provision structures. The study found that security officers needed to improvise strategies that stopped short of exercising their legal powers, but dealt with suspects and rule breakers nonetheless. In this way, these officers and security companies provided a resident-orientated service style of private policing, with a focus on neighbourhood safety and harmony.The private security industry in Hong Kong is regulated by a ‘hybrid regulation mechanism’, with a unique mix of public and private actors, and closer inspection suggested that government ordinance initiatives on building management and security services have unintentionally shifted policing responsibility from the state to its citizens, which did much to address residential security inequity indirectly. These findings contribute to a variation on the theme of nodal governance in two ways: ordinances implicitly delegating security provision to citizens paradoxically centralised governance as an unintended consequence; and the genealogy of policing institutions in Hong Kong test the hidden assumptions in western norms of governance. Elsewhere, the study shed light on private security industry regulation, shifting policing responsibilities, security inequity, ad hoc strategizing by actors with limited powers, and high-rise housing security for future reference and further research.
16
Fabiano, Anthony Italo. "Morality, law, and the needs of future persons, a study in environmental philosophy". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ52544.pdf.
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17
Milby, John D. "Preempting mass murder: improving law enforcement risk assessments of persons with mental illness". Thesis, Monterey, California: Naval Postgraduate School, 2015. http://hdl.handle.net/10945/45227.
Testo completoAbstract (sommario):
Approved for public release; distribution is unlimitedAcross the United States, mass murder events have been on the rise for nearly a decade. This thesis found that persons with serious mental illness perpetrated a statistically significant number of these events. Currently, law enforcement agencies are often the first—and in many communities the only resource—available to assist and assess mentally ill persons in crisis. This thesis investigated the current state of law enforcement training as it relates to assessing dangerousness and the risk for violence among persons with serious mental illness. It found that there is very little training and no risk assessment tool or guide currently available to assist law enforcement officers tasked with assessing mentally ill persons for dangerousness. Subsequently, this thesis examined alternative methods and models for assessing risk, including clinical violence risk assessments, and it conducted summary case studies. These included cases in which mentally ill persons committed acts of mass murder and cases where law enforcement successfully intervened and prevented mentally ill persons from carrying out planned violence. As a result of this research and analysis, a field risk assessment guide has been developed and recommended for adoption to aid law enforcement officers in assessing the dangerousness of mentally ill persons.
18
Corzo, de la Colina Rafael, e Mendoza José Villafuerte. "Great risk insurances and disproportionate protection of insured persons in insurance contract Law". IUS ET VERITAS, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/122964.
Testo completoAbstract (sommario):
In this article, the authors tell us about great risk insurances and describe its regulation in foreign law. Then, they point out the protective role of State in the consumption relationship is to reduce information asymmetries, but there is no total disclosure obligation in the market. Therefore, information asymmetry ceases to be relevant when the user of the service has negotiating capacity and necessary resources to make an informed decision. They conclude it is pertinent to equate the application of the Peruvian Insurance Contract Law to international standards.En el presente artículo, los autores nos hablan de los seguros de grandes riesgos y describen su tratamiento en la legislación extranjera. Luego, señalan que el rol protector del Estado en la relación de consumo es reducir las asimetrías informativas, pero no existe una obligación total de divulgación de información en el mercado. Por lo tanto, la asimetría informativa deja de ser relevante cuando el usuario del servicio tenga capacidad de negociación y recursos suficientes para tomar una decisión informada. Concluyen que es pertinente equiparar la aplicación de la Ley del Contrato de Seguro peruana a estándares internacionales.
19
Dennison, David Brian. "The status, rights and treatment of persons with disabilities within customary legal frameworks in Uganda: A study of Mukono District". Doctoral thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/27074.
Testo completoAbstract (sommario):
This thesis addresses the question: How do customary legal frameworks impact the status, rights and treatment of persons with disabilities? It is motivated by two underlying premises. First, customary legal frameworks are highly consequential in Sub-Saharan contexts. Second, human impairments are likely to impact status, rights and treatment in customary legal scenarios. In addition, the reality of deep legal pluralism and an anthropologically versed conception of customary law inform the research design. Customary legal content is rightly discerned by researching its substance and application within the lived environment. The researcher gathered input and stories of 63 persons with disabilities and conducted interviews of 23 community members with heightened knowledge of cultural matters in order to discern the experiences of persons with disabilities in non-formal legal contexts. In her semi-autonomous social field approach, Sally Falk Moore considers diverse and layered sources of law when determining the normative legal content in lived contexts. However, this research uncovered little in the way of normative principles specially pertaining to persons with disabilities within lived environments. Instead, legally consequential occurrences take place in customary scenarios that are largely autonomous from formal actors and institutions. The perceived normative substance of formal and customary law can influence the outcome of customary scenarios, but the decision makers' working knowledge of this legal content as it pertains to people with human impairments is limited and disparate. Decision-making family, clan and community members take various factors into consideration when determining rights, status and treatment in customary scenarios. Suppositions about the capacity and functionality of persons with disabilities are particularly influential. Thus, human impairments can be consequential factors in these decisions. This thesis demonstrates that customary scenarios are highly significant forums for establishing customary rights and status in the contexts of marital relations, clan leadership, customary guardianship, customary succession and land rights. Moreover, it indicates that effectual social and legal influences in these scenarios are multi-sourced, multi-layered and dynamic. Finally, the thesis offers practical change strategies suggested by the research for those seeking to improve the status, rights and treatment of persons with disabilities in Mukono District and similar settings.
20
Eadens, Danielle M. "Police officers' perceptions regarding persons with mental retardation". [Tampa, Fla] : University of South Florida, 2008. http://purl.fcla.edu/usf/dc/et/SFE0002498.
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21
Letendre, Martin. "Research with stored tissue samples of deceased persons : a North American perspective". Thesis, McGill University, 2004. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80938.
Testo completoAbstract (sommario):
In this thesis, the author studies the ethical and legal aspects of research conducted on stored tissue samples of deceased persons in North America.The first part of this thesis presents an overview of what constitutes human tissues and how are they used in research. The author describes the process in which human tissues are acquired and stored by health facilities, their utility for scientific research, and currently used techniques.
The second part is dedicated to the analysis of the current normative framework associated with research involving human tissue samples in North America. The author underlines the presence of two different normative regimes depending on whether the human tissues were removed before or after death. Finally, the author examines international documents in order to evaluate whether or not they can provide guidance to North American national legislation.
The third part evaluates the normative limitations associated with the use of stored tissue samples of deceased persons for research. The author considers that these limitations are related to the presence of conflicting interests, the difficulties in establishing rights over human tissues, the difficulties of establishing the rights of the dead, and the limitations of the theory of informed consent with regards to stored tissue samples.
The last part of this thesis suggests that stored human tissues should be interpreted as if they were part of an individual's medical record. After presenting some of the philosophical arguments in favour of such an interpretation, the author underlines the presence of legal precedents supporting the "tissue as information" model. The author finally examines the legal implications and the potential limitations of this proposal.
22
Luggren, Rosana Elizabeth, e Néstor Antonio Oroño. "The criminal charges of legal persons against the phenomenon of organized crime". IUS ET VERITAS, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/122688.
Testo completoAbstract (sommario):
Facing the phenomenon of organized crime, the criminal justice system for legal persons is confronted with the need to adapt the theoretical structures in order to provide an answer to the challenges rising from the high degree complexity and volatility, common qualities of the contemporary societies. t he modern legislations claim different solutions, such as the vicarious liability “act like someone else” or “be in someone else’s place”, which allows transferring the responsibility or guilt of a person. t his, among others, is recognized as a dual justice system. It is believed that a specific justice system for legal persons should be reached and, taking into account its peculiarities, make it coexist with the proper system for physical persons.Frente al fenómeno de la criminalidad organizada, el sistema de imputación penal para las personas jurídicas se enfrenta con la necesidad de adecuar las construcciones teóricas a fin de brindar respuesta a los desafíos que emergen del alto grado de complejidad y volatilidad que caracteriza a las sociedades contemporáneas. e n las legislaciones modernas se han ensayado diversas soluciones, tales como el sistema vicarial “del actuar por otro” o “en lugar de otro”, que permite transferir a la persona jurídica la responsabilidad o culpabilidad de su representante; el reconocimiento de un doble sistema de imputación, entre otros. Creemos que debe avanzarse hacia un sistema específico de imputación para las personas jurídicas que atendiendo a sus particularidades coexista con el sistema propio para las personas físicas.
23
Omerovic, Adelisa. "The interplay between free movement provisions of persons and double taxation of individuals in the European Union". Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-61201.
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24
Fernández, Sessarego Carlos. "The 1984 Peruvian Civil Code: Its elaboration, contributions and the amendments it requires". THĒMIS-Revista de Derecho, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/109378.
Testo completoAbstract (sommario):
In 1965 a Reforming Committee, formed by the leading specialist teachers in each of the books of the Civil Code, was created forreviewing the Peruvian Civil Code of 1936. After about twenty years, the effort of thehard work of the committee resulted in the enactment of the 1984 Civil Code, which we currently use and know.In this article, the author shares his experience as a legislator, emphasizing new and important aspects included in the Civil Code of 1984. He also proposes possible amendments to the First Book of the current Civil Code, such as the incorporation of standards related to Genetics, a comprehensive review of the subject related to legal capacity, reviewing the subject regarding foundations, among others.En 1965, se creó una Comisión Reformadora, conformada por los más destacados profesores especialistas en cada uno de los libros quecomponen el Código Civil, encargada de revisar el Código Civil peruano de 1936. Después de aproximadamente veinte años, el esfuerzodel arduo trabajo de la Comisión dio como resultado la promulgación del Código Civil de1984, que actualmente conocemos y usamos.En el presente artículo, el autor nos cuenta su experiencia como legislador, haciendo énfasis en los nuevos aspectos incorporados y la importancia de la promulgación del Código de 1984. Asimismo, propone posibles enmiendas al Libro I del Código actual, tales como la incorporación de normas relacionadas con la Genética, la revisión integral de la temática referente a la capacidad jurídica, la revisiónde la temática sobre fundación, entre otras.
25
Halliday, Simon. "Judicial review and administrative justice : a study of administrative decision-making in three local government homeless persons units". Thesis, University of Strathclyde, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.366939.
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26
Hurst, Lauren. "The protection and assistance of internally displaced persons and the creation of customary international law". Thesis, University of British Columbia, 2010. http://hdl.handle.net/2429/28258.
Testo completoAbstract (sommario):
Since the mid-1990s, internally displaced persons have outnumbered refugees 2 to 1 in most emergencies. These are dire statistics, but I have been encouraged by recent response developments: the African Union adopted in October of 2009 the Kampala Convention for the Protection and Assistance of Internally Displaced Person in Africa, and the International Conference on the Great Lakes Region Pact on Security, Stability and Development, which includes the Protocol on the Protection and Assistance to Internally Displaced Persons, and which entered into force in June of 2008. These two hard law documents are based on the 1998 Guiding Principles on Internal Displacement, which is considered to be a soft law document.
With this foundation, my thesis seeks to examine whether these African responses to internal displacement can have an impact outside the continent’s borders through customary international law.
I argue that while it is still early to determine the full influence of the Kampala Convention and the Great Lakes Protocol, these two initiatives are indeed legitimate building blocks toward a generally applicable rule of customary international law. We should anticipate growing reference to them, and to the African experience in general, as issues of internal displacement increase in regions across the globe. However, before this normative framework can become binding international law, we will likely need to see more conventionally powerful states also adopt similar Guiding Principles-based initiatives. To support this statement, I outline the hardening process of soft law and the creation process of customary international law, and find that international legal theory suggests that African leadership can indeed initiate global norm development. I also found, however, that the potential of these two African instruments could not be wholly explained by law, and thus turned to international relations’ theory for supporting analysis.
27
Van, den Berg Michal Danielle. "Formalities in the law of contract and their impact on visually impaired persons as consumers". Diss., University of Pretoria, 2018. http://hdl.handle.net/2263/65733.
Testo completoAbstract (sommario):
The problem identified concerns the lack of the South African law to reasonably accommodate visually impaired persons, with specific reference to the law of contract, as found in the common law and consumer protection legislation. This jurisprudential lack of reasonable accommodation is limited to the formality requirement of ‘in writing’. The aim of this mini-dissertation will be to analyse the current legal position in such a manner so as to identify where the common law and relevant consumer protection laws fail to accommodate, discriminate against, show a disregard for and neglect the interests of visually impaired persons. In addition, I will provide an exposition of what the legal position vis-à-vis visually impaired persons ought to be in the context of the problem as already identified above. Consequently, the following normative question will be answered: ‘How ought the principle of reasonable accommodation influence the formality requirement of ‘in writing’, in both consumer legislation and the common law?’.Mini Dissertation (LLM)--University of Pretoria, 2018.
Mercantile Law
LLM
Unrestricted
28
Ní, Ghráinne Bríd Áine. "Challenges in the relationship between the protection of internally displaced persons and international refugee law". Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:5535d05d-aa56-477c-8553-33316d297e0d.
Testo completoAbstract (sommario):
Internally Displaced Persons ('IDPs') outnumber refugees by two to one and often have the same fears, needs and wants as refugees recognised as such under international law. However, refugee status entails international protection, while IDPs are left to the protection of their own state, which may, but by no means necessarily, be the very entity that has forced them to flee in the first place. In recent years, there have been significant developments in the realm of IDP protection. This includes the conclusion of two regional treaties on the protection of IDPs, the development of relevant soft law instruments, and the reformed 'Cluster Approach' of humanitarian response. Although the increased focus on IDP protection is a welcome development, the UNHCR has expressed the fear that 'activities for the internally displaced may be (mis)interpreted as obviating the need for international protection and asylum.' This thesis represents the first legal analysis of the relationship between the protection of IDPs and International Refugee Law. It will discuss five key challenges in this respect. First, the challenge of drawing the attention of the international community to the plight of IDPs; second, the challenge of developing an appropriate framework for the protection of IDPs; third, the challenge of ensuring that internal protection is not interpreted as a substitute for asylum; fourth; the challenge of determining the relationship between complementary protection and internal displacement; and fifth, the challenge of ensuring that IDP protection in an inter-agency context does not trigger the application of Article 1D of the Refugee Convention, rendering the Convention inapplicable to the recipients of that protection. This thesis will conclude by setting out the future challenges in the relationship between IDP protection and International Refugee Law, by identifying questions left open for further research, and by illustrating the overall impact and importance of this thesis' findings.
29
Greenfield, Elyashiv. "Authority, states and persons : in the search for optimal reconciliation". Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:64bb4fe6-ec8b-4c8b-b9a8-7b807b1b6d8b.
Testo completoAbstract (sommario):
The problem of legitimate authority is widely regarded as fundamental to moral and political philosophy. This thesis aims to explain what the problem precisely is, and to offer a practical method for solving it. The starting point is a claim about the phenomenology of the person as an inherently authoritative agent: we are persons, as distinct from mere ‘things’, by virtue of the authority we possess over ourselves. This claim explains, I argue, why there is a problem of legitimate authority – why the exercise of state authority stands in need of justification – and what the problem precisely is: given the inherent tension between the authority of the state on the one hand, and the self-governing authority of persons on the other, the problem of legitimate authority is essentially that of creating the conditions for optimal reconciliation between them. The bulk of the thesis is devoted to a search for a solution to this problem. The ideal solution lies in developing a concept which I call the Authorization Principle. In its most basic form, the principle states that the exercise of state authority is legitimate only when it is exercised to enforce arrangements that all citizens authorize the state to enforce. The conclusion of the thesis is that the principle should be formulated as follows: The exercise of state authority is legitimate insofar as it is exercised within the provisions of a constitutional arrangement constructed through a process that gives equal weight to all the epistemically undefeated concerns in the society regarding the conditions necessary for persons to exercise personal authority. The solution proposed in the thesis for the problem of legitimate authority has three important implications. The first is that it is entirely within the capacity of ordinary democratic societies to solve the problem. The second is that there is no single legitimate way to govern a society. Standards for the legitimate use of state authority are in some way indexed to culture, ability and resources as well as to other aspects of a society’s unique circumstances. The third is that a society cannot settle the problem of legitimate authority once and for all. The state’s arrangement will require revision every so often in order to maintain the legitimacy of state authority.
30
Yin, Ruo Yi. "Crime against the homeless and the response of the criminal justice system". Thesis, University of Macau, 2018. http://umaclib3.umac.mo/record=b3953491.
Testo completo
31
Bjoerkan, Maren. "International displacement and state compliance with international human rights standards: the current protection of internally displaced persons' right to physical security in Nigeria". Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/28030.
Testo completoAbstract (sommario):
There are approximately 65.3 million forcibly displaced people in the world. A large majority of these people are internally displaced. Of the 40.8 million internally displaced persons' (IDPs) worldwide, Nigeria had a total of 1,955,000 IDPs at the end of 2016. Consequently, Nigeria is among the countries with the highest number of displaced persons globally. A wide range of political, economic, social, and environmental factors, including poverty, corruption, and internal armed conflict, affect the population in Nigeria and contribute to internal instability. Thus, as Nigeria represents a complex and multi-layered situation of internal displacement, it makes for an interesting case study to understand international protection of IDPs. This dissertation asks whether the current protection of IDPs' right to physical security in Nigeria complies with international human rights standards. The current international legal framework in place for the protection of IDPs is relatively extensive, and undergoes continuous development. The United Nations Guiding Principles for the Protection of Internally Displaced People and the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention), as well as general human rights mechanisms, comprehensively set out the rights and guarantees for the protection of the physical security of IDPs. Although there has been great improvement in recent years relating to the legal protection of and assistance to IDPs, the de facto implementation and enforcement of these frameworks in Nigeria is not in full compliance with international human rights standards.
32
Nhancale, Paulo. "Reform of legal protection of persons with disabilities in Mozambique". Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/18631.
Testo completoAbstract (sommario):
Mozambique is a least developed country (LDC), and is among the five lowest on the Human Development Index and is known to have no specific protection of people with disabilities (PWDs) with as up to specific legislation has been adopted but g but general laws on social welfare. Although the 2004 Constitution has a generic protection norm nothing much can be found in the whole system. Unfortunately, the 1990 Constitution was more protective and more specifics; the former roughly reduced the extent of protection that existed before. It can be said that Mozambique does not have any protection of PWDs at all.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011.
http://www.chr.up.ac.za/
nf2012
Centre for Human Rights
LLM
33
Griffiths, David Barclay. "Confessions, admissions and declarations by persons accused of crime under Scots law : a historic and comparative study". Thesis, University of Glasgow, 1992. http://theses.gla.ac.uk/2834/.
Testo completoAbstract (sommario):
This work examines in depth the issue of the accused's own words as evidence against him in a Scottish criminal court. The work begins with a brief consideration of the historic development of the modern Scottish criminal justice system with particular emphasis on the position of the accused within that system. The literature of the topic is next considered. The right to silence is discussed in some detail, encompassing the modern law in both Scotland and England as well as the various, mainly English, proposals to attenuate the right under the guise of law reform. The early history of confessions in Scotland is examined before turning to the issue of the admissibility of confession evidence. The bulk of this discussion focusses, not surprisingly, on confessions to the police with the development of the law being traced on a case-by-case basis, but all other types of confession evidence are also treated. A comparative note on the English law is included. The issue of corroboration of confession evidence has recently received a considerable amount of attention in the press both legal and lay, and the present work examines both the general issues involved as well as the particular dangers caused by the development of the so-called `special knowledge' confession. Once again comparison is made with English law. The exceptional situation in Northern Ireland is considered in order to demonstrate, albeit in an extreme form, the dangers of unsupervised interrogation and other activities by the forces of `law and order' and the inquisitorial system is likewise considered to see what lessons, if any, can be learned and to identify the dangers and pitfalls of the main alternative procedural system.
34
Michel, Erin Kelley. "Law Enforcement Response to Human Trafficking in Ohio". The Ohio State University, 2010. http://rave.ohiolink.edu/etdc/view?acc_num=osu1281107195.
Testo completo
35
Bac, Joanna Ewa. "Software intelligence (SI), dependent legal personhood & SI-human amalgamation : an evolutionary step for US patent law and SI". Thesis, University of Aberdeen, 2018. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=237873.
Testo completoAbstract (sommario):
This doctoral thesis addresses the question of why and how the United States of America (US) legal system should grant legal personhood to software intelligence (SI). This new legal status of SI is visualised as a dependent type of person. The SI dependent legal person would be determined by an inextricable connection between SI and a new type of corporate body, introduced here as SI-Human Amalgamation (SIHA). SI has been defined as one or more computer programmes with an ability to create work that is unforeseen by humans. This includes SI capacity to generate unforeseen innovations, patentable inventions and/or infringe the rights of other patent holders. At present, SI is an entity unrecognised by law. The fact that SI is neither a natural nor a legal person indicates that it cannot be considered the rights' owner or liability bearer. This in turn creates tensions both in society and legal systems because questions, such as, who should hold those rights or be liable for autonomous acts of SI, remain unanswered. It is argued that the SI dependent legal person and SIHA, are necessary to address the new challenges introduced by SI. SI and SIHA, their creativity and actions would be distinct from those performed by human beings involved in the creation of this amalgamation, such as SI's operators or programmers. As such, this structure would constitute an amalgamation based on human beings and SI cooperation (SIHA). SI, as a dependent legal person, would hold the patents rights to its own inventions thus ensuring favourable conditions for the incentives of the US patent system. In addition, the proposed legal framework with the use of legislative instruments could address any liability concerns arising from the foreseen and unforeseen actions, omissions and failure to act of SI.
36
Filary, Richard Michael. "Canonical concerns about the right to marry of persons with human immunodeficiency virus (HIV)". Theological Research Exchange Network (TREN), 2005. http://www.tren.com.
Testo completo
37
Keyanti, Frederick Kanjo. "The plight of internally displaced persons (IDPs) during armed conflict: the case of Sudan and Somalia". Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_7839_1257146321.
Testo completoAbstract (sommario):
The plight of internally displaced persons (IDPs)in Sudan and Somalia constitutes one of the greatest human tragedy of our time since the end of the Cold War. The concept of IDPs is immense and growing. This research paper addressed the plight of IDPs during armed conflict in Sudan and Somalia. This paper also investigated into the existing institutional and legal frameworks for the protection of IDPs during armed conflict and critically highlight some of the weaknesses of these institutions and legal instruments that protect IDPs during armed conflict.
38
Lund, Lasse. "Public Health and Public Security versus Free Movement of Persons : Restriction on Cross-border Traffic at the Internal Borders of the EU". Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-87726.
Testo completo
39
Gordon, Francesca L. T. "Can China fully protect and prevent all detained persons from torture under its current legislative, institutional and political model?" Thesis, University of Essex, 2018. http://repository.essex.ac.uk/22116/.
Testo completoAbstract (sommario):
Far-reaching reforms are influencing every aspect of governance within the People’s Republic of China, including in its criminal justice system. Against this backdrop, this thesis critically considers current concerns regarding torture and other ill-treatment in China. It assesses to what extent persistent allegations of ill-treatment of detainees indicate endemic practices; examines the effectiveness of nascent torture prevention measures and identifies the factors that may enable resilience of abuse. Overall, it investigates whether torture prevention is effective within the PRC legal framework or whether it can become so on the current reform trajectory. To do so, the thesis sets out the scope of available legal protections against torture and ill-treatment in China, and assesses these in light of international law requirements so as to identify protection gaps and broader obstacles to prevention. The analysis examines these through the lens of three different justice processes: the criminal, administrative and Party. These are representative of China’s wider criminal justice system and the different routes through which persons can be deprived of their liberty. The analysis finds that while the criminal justice system is becoming more regulated, even here protection gaps remain. In the administrative and Party justice processes, almost all key safeguards against torture are missing: these remain legally ‘grey’ spheres. All three justice processes thus fail to protect every category of detainee and torture and ill-treatment continue. The thesis identifies the key factors contributing to the resilience of torture and ill-treatment in China and the required reforms. The analysis concludes that while China is taking significant steps towards preventing torture and ill-treatment, these have insecure foundations and suffer from fundamental deficiencies that can only be addressed by further legal, structural, institutional and political reform. This China case study can provide valuable lessons for other countries where ill-treatment has become endemic.
40
ZAWACKI, THERESA MARIE. "THE RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS ACT: LESSONS FOR PLANNERS AND LOCAL GOVERNMENT". University of Cincinnati / OhioLINK, 2003. http://rave.ohiolink.edu/etdc/view?acc_num=ucin1055176087.
Testo completo
41
Du, Plessis Meryl Candice. "Access to work for disabled persons in South Africa : the intersections of social understandings of disability, substantive equality and access to social security". Doctoral thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15492.
Testo completoAbstract (sommario):
This thesis examines possible synergies and points of friction between understandings of disability that emphasise its social contingency and jurisprudential debates on substantive equality and access to social security in the context of the promotion of access to work for disabled persons in South Africa. In consequence of an analysis of theoretical debates in the field of disability studies and how these find application in the sphere of employment equity law, it is concluded that, while social understandings of disability mostly focus on structural changes that would see people with disabilities who can and want to work gain access to such work, the positive obligations imposed on employers and the state in terms of equality rights and employment equity legislation are of limited depth and breadth. It is proposed that one potential course of action to address the limited scope of equality law would be to emphasise the state's obligations in terms of socio-economic rights where these rights are relevant to work inequality. Particular emphasis is placed on how the interpretation and application of the right to access to social security could be used to activate government's duties in respect of unemployment protection and work creation. The conclusion reached is that while this strategy poses risks and has its limitations, it can be used to improve information gathering in respect of disabled work seekers that will aid planning and enforcement; to facilitate support for disabled work seekers who experience discrimination; to compel government to improve the implementation and enforcement of employment equity laws in respect of disabled work applicants; to catalyse a holistic approach to social security that considers the interrelationship between social assistance and promoting unemployment protection for disabled persons who are willing and able to work; and to provide different forms of support to disabled people who do not operate in the formal labour market, but who can and do perform work that falls outside the scope of traditional labour market regulation.
42
Nijman, Janne Elisabeth. "The concept of international legal personality : an inquiry into the history and theory of international law /". The Hague : T.M.C. Asser Press, 2004. http://www.gbv.de/dms/spk/sbb/recht/toc/484567152.pdf.
Testo completo
43
Gourdon, Pascal. "L' exclusivité /". Paris : L.G.D.J, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/516679031.pdf.
Testo completo
44
Al-Zoubi, Muath Yahia Yosef. "An analysis of the crime of trafficking in persons under international law with a special focus on Jordanian legislation". Thesis, Brunel University, 2015. http://bura.brunel.ac.uk/handle/2438/12138.
Testo completoAbstract (sommario):
This thesis analyses the crime of trafficking in persons under international law with a special focus on Jordanian legislation, arguing that efforts to address the crime of trafficking in persons require a holistic approach, but it will focus on questions of jurisdiction and legal definitions. After analysing the definitions, elements, forms, and typologies of the crime of trafficking in persons under the Trafficking in Persons Protocol (TIPP) as the main legal international instrument, this thesis further examines whether or not Jordanian legislation is in line with international standards. Then, under the holistic approach to addressing the crime of trafficking in persons, this thesis examines trafficking in persons as a transnational organised crime. Subsequently, it examines trafficking in persons as a crime against humanity by examining whether or not the International Criminal Court (ICC) might be regarded as an effective organ for addressing trafficking in persons as a crime against humanity. Later, the thesis examines the efforts made in Jordan to address the crime of trafficking in persons. Accordingly, this thesis concludes that trafficking in persons is a multi-dimensional problem and that long-term success will not be achieved by taking a disjunctive approach to addressing its many facets. Therefore, achieving a unified approach will lead to a permanent solution or will at least make a major contribution to addressing the problem.
45
Alsaif, Ahmad S. "The rights of disabled persons and discrimination : a comparative study in British, American and Saudi Arabian disability law". Thesis, University of Newcastle Upon Tyne, 2009. http://hdl.handle.net/10443/1047.
Testo completoAbstract (sommario):
In Saudi Arabia, as in other Arabic countries, disabled people are prevented by exclusion and marginalisation from obtaining their clear rights. In advanced countries, principles of equality and human dignity determine the position whereby disabled rights are a matter for procedures of justice, not merely for charity. Therefore in the West effective antidiscrimination legislation operates to protect the disabled. By reference to Western concepts and practice, this thesis attempts to propose appropriate means according to Islamic principles to establish the rights of disabled persons and to rectify problems of discrimination against them in Saudi Arabia. The concept of disability is here understood broadly, in order to include a social model that takes account of the stigma of impairment attached to disabled persons, and the social restrictions this entails. The rights of disabled persons rest on principles of their fundamental interests and real needs, equal respect, self-esteem, autonomy and citizenship. To establish the case for these rights is to establish a case resting on dignity, equality and recognition which prohibits discrimination against the disabled. Discrimination refers to exclusion, all forms of denial of opportunities, harm, such as losing out on benefits, and distributive injustice. Distributive justice is required in order to address disability-based discrimination. Its principles of egalitarianism, resources, deserts and difference offer practical solutions to problems of discrimination. The 'difference principle', resources and other principles here are linked to 'reparative justice', for example, through the application of reasonable adjustment to enable disabled persons to enjoy their rights. The concept of the 'veil of ignorance' is applied to the position of disabled persons as a disadvantaged group, to discover what real concept of justice - according to their circumstances and needs - must be adhered to. The UN's 2007 convention on the rights of disabled persons reflects these issues in terms of human rights, and offers a reform agenda for international consensus. It also stresses raising awareness of the clear rights of the disabled without discrimination. Examination of the situation regarding disability in Saudi Arabia reveals a range of inadequacies both in services provided and in legal response. The British and American disability acts offer norms and models informed by justice as a blueprint for reform. When disabled Saudis become legal and autonomous rights-holders, the goal of this thesis will have been achieved.
46
Sveticic, Jerneja. "Law enforcer or social worker? Exploration of the role of police in responding to persons with mental illness". Thesis, Griffith University, 2020. http://hdl.handle.net/10072/395108.
Testo completoAbstract (sommario):
Police are increasingly responding to incidents involving persons with mental illness (PMIs). This is an important area of research considering the well-documented challenges these types of interventions represent for police officers and police agencies more broadly. Yet, to date, there remains limited empirical knowledge about the extent of police involvement with PMIs, particularly in the Australian context. Similarly, little is known about police officers’ perception of the role they perform with PMIs and the influences that shape their role performance, despite evidence of the challenges modern-day police are facing in the attempt to consolidate the ‘law enforcer’ and ‘service’ elements of the police role.
The overarching objective of this research program is to gain a better understanding of the role of police in responding to PMIs. Within this objective, three more specific aims are derived, each targeting a distinct, yet complementary, component of police roles with PMIs: 1) To examine the frequency, distribution and outcomes of police involvement with persons with mental illness in Queensland, Australia; 2) To examine police officers’ attitudes towards their role in responding to persons with mental illness; and 3) To use the role episode model to examine the perceptions and experiences of police officers in responding to persons with mental illness.
The role episode model was chosen as a theoretical framework that guided this research program. This model allows for a comprehensive exploration of police officers’ perceptions of this element of police role through an identification of the members of their role set, analysis of the expectations held by each role sender, and finally by studying the presence and outcomes of role-related stress.
Two research studies were conducted, addressing a total of 15 research questions. In Study 1, Queensland Police Service (QPS) administrative data from two selected police regions in Queensland were analysed for the frequency, distribution and the outcomes of police-PMI encounters. In Study 2, an online survey with 242 sworn QPS officers was undertaken to examine their perceptions of the role of police in responding to mental health related calls for service.
In Study 1, 12,415 mental health related calls for service were identified, accounting for 2.6% of all calls for service. Significant temporal and spatial variation of these calls was noted. Socio-demographic characteristics identified as increasing the rate of police-PMI contacts included: younger median age, smaller population size, low percent of Indigenous population, high percent of population with severed disability, and a greater degree of socioeconomic disadvantage. An analysis of the outcomes of mental health calls showed frequent utilisation of health-related pathways, predominantly by initiating transfers to a mental health facility, and a very low incidence of arrests. The likelihood of a health-related outcomes was increased when the call was initiated by an ambulance officer or other professional agencies, when the incident occurred in a public location (rather than in a private residence), when there was a risk to PMIs’ life, or any indications of violence or aggression.
In Study 2, police officers reported that on average, a quarter of their time is taken up by engagements with PMIs, and most of them felt that this is too much. Overall, officers accepted their involvement with PMIs as part of their role, though a considerable number continued to feel that the extent of their work with PMIs is excessive and reflective of the failings of the mental health system.
Participating police officers identified on average four persons or groups as having an important influence on how they perform their work with PMIs: these were most commonly themselves, colleagues, their immediate supervisor and PMIs. Officers described their personal expectations regarding their work with PMIs as requiring an equal application of the ‘law enforcement’ and ‘service’ aspects of their role. Their expectations were aligned with those perceived to be held by other members of the police service, however, for the majority of officers, they were incongruent with the more service-oriented expectations attributed to the broader community and the mental health sector. The study results revelated moderate levels of role conflict and low levels of role ambiguity resulting from police work with PMIs. Various organisational and personal factors were found to predict the likelihood of experiencing high levels of these role-related stresses. Of particular interest is a positive association between the officers’ identification with the ‘crime control’ aspects of their role and high levels of role-related stress. Finally, results showed that role ambiguity, but not role conflict, increases the likelihood of officers reporting poor job satisfaction.
The theoretical contribution of this research is through an innovative application of the role episode model to research on mental health policing. It offers a confirmation to the previously debated, but never empirically investigated, argument that engagements with PMI place police within a complex network of stakeholders and exposes them to role expectations from disciplines that are characterised by different expectations about provision of care to vulnerable members of society. There are also several practical implications of the findings of this research program. Most notably, information about spatial and temporal distribution of mental health calls for service can be used to guide the data-driven, targeted allocation of police resources using the principles of hot-spot policing. The information about the extent of police involvement with PMIs can also help improved police officers’ awareness of the realities of mental health policing.
Finally, several recommendations for future research are highlighted, particularly around the need to examine the role of occupational socialisation on the development of police officers’ perception of their role as first responders to mental health related incidents. It is hoped that continued research into these topics can continue to support police in providing safe and effective responses to people experiencing mental health crises.Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
School of Crim & Crim Justice
Arts, Education and Law
Full Text
47
Mukherjee, Madhumanti. "Women as vulnerable irrational heteronomous non-subjects of law : the construction of women as legal non-persons in Indian criminal laws regulating sexual conduct". Thesis, University of Kent, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.592678.
Testo completoAbstract (sommario):
My thesis investigates the concept of female personhood in Indian criminal laws regulating sexual conduct. 1 argue that these laws fail to safeguard women's interests in various ways and that the most significant basis for such varied range of failures is the construction of women as legal non-persons. Inherent within the Indian Constitution are notions of legal personhood that are meant to apply to all persons within its jurisdiction irrespective of sexual and other differences. , claim that conceptualisations of the woman in the criminal laws of sexual conduct do not conform to the constitutional ideal of the person. Women are sexually objectified, infantilised, their personal harms rarely validated unless those harms result in patriarchal male harms, and their sexual rights are more often not acknowledged in modern Indian legal discourse. There is a profound disconnection between the constitutional ideals and the concepts actually affirmed in the relevant criminal laws. This study adds to feminist legal scholarship on India in a number of ways:Firstly, it considers the laws of sexual violence within and as part of a broader group of laws that purport to designate what is acceptable sexual conduct _ generally. This helps to draw out common themes and exposes the basis of sexual violence laws as the need to safeguard male property in female sexuality, rather than to safeguard female sexua l autonomy. Secondly, this study offers an account of the diverse failures of the relevant criminal laws in terms of a failure to construct women as legal persons. This shifts the conceptualisation of these failures from one of distinct flaws that need to be addressed separately to one that sees them as multifarious symptoms of the same underlyingweakness. Thirdly, on the basis of the claim that the relevant criminal laws do not construct women as legal persons, the thesis argues that these laws are unconstitutional and could and should be declared void under the powers conferred to the I j i judiciary by the Constitution of India. last but not the least, this thesis incorporates a feminist judgment to showcase and emphasise t he theoretical claims I make about t he possibility of change in legal reasoning and judicial outcomes once women are constructed as legal persons with constitutional rights.
48
Powell, Jonathan A. "Factors Associated with the Illegal Sales of Alcohol to Underage Persons in Georgia". Digital Archive @ GSU, 2009. http://digitalarchive.gsu.edu/iph_theses/67.
Testo completoAbstract (sommario):
Despite the minimum legal drinking age of 21, many underage persons regularly purchase alcohol from licensed alcohol establishments. The purpose of this study was to determine the establishment, geographic, and community economic and demographic characteristics that are associated with illegal sales of alcohol to underage persons in Georgia. Multivariate logistic regression analysis was used to determine factors that were associated with illegal sales of alcohol to underage persons of Georgia. Statistical adjustments were made for ownership type (e.g., corporate owned), region (e.g., southeast Georgia, metro-Atlanta), rural vs. urban area, and many community economic and demographic variables (e.g., unemployment rate, minority populations). Overall, underage subjects attempted to purchase alcohol in 2949 off-premise establishments from July of 2007 to June of 2008. Compared to corporate-owned establishments, institutions not owned by corporations were associated with increased odds of alcohol sale to underage persons, adjusting for other independent variables. Establishments that are located in counties with a high density of alcohol outlets were much more likely to sell alcohol to underage persons. To reduce underage drinking in Georgia, beverage law enforcement should increase monitoring of non-corporate owned establishments and areas with a high density of alcohol outlets. Overall, responsible beverage service training of both corporate and non-corporate employees may help in reducing alcohol sales to underage persons in Georgia.
49
Beukes, Marvan. "Thin capitalisation in South Africa, including a critical analysis of the Draft Interpretation Note on the determination of the taxable income of certain persons from international transactions". Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/18623.
Testo completoAbstract (sommario):
This dissertation endeavours to analyse the anti-avoidance measures implemented (and planned for the future) in South Africa to combat the practice known as "thin capitalisation". It critically analyses the Draft Interpretation Note on the determination of the taxable income of certain persons from international transactions: Thin capitalisation. It concludes that the arms-length approach is not suitable for South Africa and that it is essential that a system of advance pricing agreements be implemented.
50
Keeling, Amanda. "'Organising objects' : support for legal capacity in adult safeguarding and Article 12 of the UN Convention on the Rights of Persons with Disabilities". Thesis, University of Nottingham, 2017. http://eprints.nottingham.ac.uk/43475/.
Testo completoAbstract (sommario):
This thesis explores social workers’ practice and understanding of support for the exercise of legal capacity in adult safeguarding. The impetus for this study was the ‘revolution’ of article 12 of the UN Convention on the Rights of Persons with Disabilities, which questioned fundamental and long-held legal positions on the rights of people with mental impairments to make decisions about their lives. This shift is a fundamental one, but there is very little existing empirical evidence of how such a revolutionary change in legal frameworks might actually work in practice, and what the challenges may be. Thus, this thesis aimed to empirically examine existing practice, to explore what the baseline of understanding was, and the difficulties that social workers encountered in using support mechanisms. An ethnographic approach was taken, with participant observation of an adult safeguarding team over a 17 week period, followed by interviews with 7 of the social workers who had been closely observed. The importance of this study is that the focus of the debate on article 12 has been on restoring legal capacity to individuals who had previously been denied it on the basis of their lack of mental capacity. While this is important, and is discussed in this thesis, the empirical work that forms the basis of this study demonstrates that denial of legal capacity affects a much wider group. In this context, ‘support’ may be less about supporting decisions in the particular instance, but rather supporting the individual to effect the decision that they have made, or to continue to be able to make decisions in the future. Using a theoretical framework of relational autonomy and universal vulnerability, the analysis shows that social workers the individual framing of mental capacity in the law means that they struggle accommodate the possibility of support for that mental capacity from a third party. Adults who have mental capacity but are considered ‘vulnerable’ are also significantly disempowered in the safeguarding framework. The social workers see the concept of mental capacity as overly limiting, and that vulnerable adults who are not captured by the Mental Capacity Act 2005 may still lack what this thesis terms ‘relational capacity’. A link made between vulnerability and a lack of relational capacity results in individuals being disempowered, kept as ‘objects to be organised’, rather than agentive subjects. The conclusion of this thesis is that the potential for undue influence in the exercise of support under article 12 is very possible. The data shows that we must consider carefully how we respond to this, building a universally enabling environment, rather than one which reduces agency and legal capacity.