Rozprawy doktorskie na temat „Roman law, religious aspects”

This essay presents evidence that the institution of the corporation has its origins and its main developmental 'epochs' in Judaeo-Christian theology. The notion of the nahala as the institutional symbol of the Covenant between YHWH and Israel is a primal example of the corporate relationship in its creation of an identity independent of its members, its demand for radical accountability on the part of its members, and in its provision of immunity for those who act in its name. On the basis of the same Covenant, St. Paul transforms an ancillary aspect of Roman Law, the peculium, into the central relationship of the Christian world through its implicit use as the institutional background to the concept of the Body of Christ. The exceptional nature of this relationship allows the medieval Franciscans and the papal curia to create what had been lacking in Roman Law, an institution which can own property but which cannot be owned. This relationship is subsequently theorized as the Eternal Covenant by Reformed theologians and successfully tested in one of the greatest theological/social experiments ever recorded, the 17^th century settlement of North America. The alternative 'secular' explanation of the corporation provided by 19^th century legal philosophy relies implicitly on the theological foundations of the corporation and remains incoherent without these foundations. The theological history of the corporation was recovered in the findings of 20^th century social scientists, who also identified corporate finance as the central corporate activity in line with its Levitical origins. Although the law of the corporation is secular, the way in which this law was made a central component of modern life is theological. Without a recovery of this theological context, the corporation is likely to continue as a serious social problem in need of severe constraint.

The last fifty years have seen a turn in the Catholic Church's public attitude toward capital punishment. From openly defending the right of the state to kill malefactors, the Church has become an outspoken opponent. What accounts for this? How can it be reconciled with Catholic tradition? Should the current teaching be called a 'development of doctrine'? Can we expect further change? These questions shape this thesis. The work is divided into three parts comprising a total of eight chapters. Part I undertakes a detailed exegesis of the death penalty teaching of the Catechism of the Catholic Church (1997). I conclude that the text, while not explicitly stating that the death penalty is in itself wrong, lays down premises which when carried to their logical conclusions, yield just such a conclusion. This conclusion is checked and confirmed by the fundamental moral reasoning found in the papal encyclicals Evangelium Vitae and Veritatis Splendor. In light of this conclusion (what I call the new position), Part II asks the question: may the Church, constrained by sound biblical interpretation and dogmatic tradition, legitimately teach in a definitive way that capital punishment is per se wrong? This is a question which concerns the development of doctrine. Before it can be answered the Church's traditional teaching needs to be precisely formulated so that it can be placed in juxtaposition to the new teaching. An analysis of statements throughout ecclesiastical history is therefore undertaken and what we might call the cumulative consensus of ecclesiastical writers on capital punishment is formulated. The authoritative nature of this teaching is analyzed to determine what kinds of developments it admits and excludes. Judging its nature admits of a development like the one described in Part I, models are proposed to explain modes by which it might be understood to be developing. Finally, a systematic and philosophically consistent account of the new position is proposed and its implications for other teachings in the Church's tradition of 'justifiable violence' is examined.

Le règne de Manuel Ier, est décrit à partir du respect du principe de la pietas. Le terme a une teneur morale canoniste et juridique qui concerne la capacité du Basileus de légiférer de façon juste en faveur des intérêts de l’État, en respectant toujours le Droit sacré. L’œuvre législative de Manuel Ier que les commentaires des juristes byzantins de l’époque tendaient vers une interprétation moderne de dispositions fondamentales du droit romain.L’objectif principal du programme a été de raffermir l’image sacerdotale du Basileus, qui avait été sécularisée durant la crise politique du XIe siècle. Le rapprochement de l’État et de l’Église sous Manuel Ier a été le fruit d’un réalisme politique, étant donné que l’Église était reconnue, premièrement comme un réservoir idéologique pour l’Empereur, deuxièmement comme un facteur de légitimité et troisièmement comme un facteur de cohésion sociale. Sur le plan du Droit, l’attachement de Manuel Ier aux lois civiles et la nécessité de leur application rigoureuse étaient liés à sa conception selon laquelle la civilisation juridique était en accord avec la supériorité du système d’État byzantin qui, dans le fond, exprimait l’ordre divin et la volonté de Dieu lui-même. Par conséquent, la soumission de la Basileia à la loi impliquait la soumission aux commandements de Dieu.L’incorporation et la soumission du droit canonique au droit public signifiaient la nécessité de dépasser le dualisme étatique entre Imperium et Sacerdotium, au profit d’un ordre juridique aux caractéristiques intrinsèquement suprématistes. L’intégration organique de l’Église dans ce programme valorisait de façon décisive ses responsabilités spirituelles vis-à-vis d’un Empereur qui concevait la gouvernance comme une responsabilité avant tout spirituelle. De même, la distinction entre canons et lois et la systématisation de l’étude de droit canonique témoignent de la nécessité pratique de l’existence d’un code de Droit unitaire, où non seulement la loi de l’État serait présentée alignée sur les besoins modernes de l’État, mais où le droit canonique contribuerait aussi aux besoins spirituels de la société
Manuel’s I Comnenus reign is characterized from the respect to the principle of pietas. This notion has a moral and juridical content which determines the capacity of Basileus to act according to the State’s interests, respecting – in the same time – the Divine law. The legislative corpus of Manuel I is a manifestation of a tendency to a modern interpretation on fundamental principles of classic Roman law. This objective target of this program was to reconstruct the sacerdotal image of Basileus which has been secularized during the political crises of XI century. The rapprochement between the State and the Church was a fruit of political realism: i. The Church was recognized as an ideological tank for the Emperor, ii. as a factor of political legitimacy and iii. as a factor for the construction of the social cohesion. The attachment of Manuel I to the Civil Law and the necessity of his application was synonymous to his conception according to which the juridical civilization was the manifestation of the Byzantine State’s superiority, which fundamentally describe the divine order and the God’s will. This means that the submission of Basileia to the Civil Law was describing her submission to the God’s commandments. The incorporation and the submission of the Canon Law to the Civil Law describes the necessity for the overpassing the political dualism between Imperium and Sacerdotium in the horizon of a juridical order with supremacist characteristics. The integration of the Church in the Comneno’s political program was valuing decisively her spiritual responsibilities vis – a – vis an Emperor who understood his governance as a spiritual act. In the same way, the distinction between canons and laws and the systematization of the Canon Law studies saws the practical necessity of the existence of a unique code of Civil Law, which could express the modern needs of the State and in the same time could contribute to the spiritual needs of society

This thesis explores Roman Catholic and secular responses to sexual imagery in popular culture. The Catholic and socio-philosophical responses may be subdivided according to specific ideal types to elucidate the major ideological and ethical movements operative within these two hermeneutical traditions. I use the media luminary Madonna as a case study to illustrate the inadequacy of much that Catholic and secular cultural critics have written about religiously ambiguous and sexually provocative popular culture phenomena. Typically, secular critics neglect the religious implications of such phenomena, while Catholic critics overlook their ideological implications. I shall demonstrate both that hermeneutical exclusivity weakens the two major approaches and that only methodologies which take seriously both Catholic and secular insights are appropriate for analyzing this aspect of popular culture.

Includes bibliographies.
My thesis attempts, in the first instance to ascertain whether Islamic legal theory (usul) has made provisions for the accommodation of changing social exigencies. If such provisions have been made, are they adequately employed to achieve optimum benefit? In the second instance, the Islamic judicial process of discovering and formulating the Divine law and the elements that contribute towards it is subjected to scrutiny to ascertain whether it is proceeding according to the general provisions made for it in terms of the principles of the law or, whether this crucial process has since been abandoned, corrupted, distorted or replaced. I have chosen four representative classical works of usul al-fiqh on which to base my assessment of usul vis-a-vis changing social exigency. One of the works is a Shafi i exposition; the second two are Hanafi expositions, and the fourth is a general exposition not located in a particular legal school (madhhab).After illustrating the inherent leeways to be found in the legal propositions together with the inherent scope accompanying the notions of maslahah (utility) and urf (prevailing norms), I proceed to evaluate the extent to which these leeways are employed in the actual judicial process of two of the world's most authoritative judicial institutions namely; al-Azhar (Cairo) and Darul Ulum (Deoband). To do this, I analyze the fatwa (judicial decree) on organ transplantation from both these institutions. My analysis is not aimed at the outcome of the fatwahs, but rather at the processes involved in arriving at the particular verdicts. In my conclusion I point to the ample provisions made by legal theory to contend with any social exigency and to the tragic neglect of their employment in the application of the law to novel situations. It is, therefore, the inconsistency between the provisions of legal theory and the absence of their application in the actual judicial process that has contributed to the current tension between law and social change.

 In 2011, many countries experienced great travail in the process of constituting a new order. Of different religious backgrounds, these countries have been seeking to establish a constitutional order to assure greater liberty and higher estimation of human rights. However, the idea of constitutionalism is a legal concept that has its origins in Christianity. For states of non-Christian backgrounds to embrace constitutionalism, more than simple transplantation is needed. This research looks at the Christian legal tradition that incubated the idea of constitutionalism. It aims to provide a timely reference for the non-Christian countries to communicate with their local legal traditions when constructing the constitutional order during this current period of political change. The research demonstrates an incubation process in which Christianity has played a major part in generating constitutionalism. It traces the constitutional thinking of St. Augustine, Thomas Aquinas, Richard Hooker and John Locke, and presents how their legal thoughts were intertwined together with the Christian faith. The research shows the interlocking relationships among the four thinkers, with each of them establishing their constitutional ideas on those of the one before him. St. Augustine formed the embryo of the process. He introduced the idea of two cities, which established a concept of higher justice above all human authorities. He also redefined the concept of people in order to explain the relations among God, people and the state. Thomas Aquinas applied the higher justice concept to medieval order and developed a mixed constitutional polity supported by bible verses. He defined law with rationality, which is God’s command. Richard Hooker amended Aquinas’ general theory of law and grounded the popular sovereignty on reasonable men exercising their consent. John Locke finally rendered the sovereignty to independent individuals; thence, individual human rights must be guarded against any interventions from public authority. The protection of individuals is the paramount value that identifies constitutionalism. Therefore, the author argues that Christianity is one of the major dimensions that enabled the birth of constitutionalism.
published_or_final_version
Law
Master
Master of Philosophy

Bibliography: leaves 122-128.
The principal objective of this research paper is to explore the foundation of human rights according to the Social Teachings of the Roman Catholic Church, the UN Declaration of human rights and the African Charter. However, the African Charter reflects the carbon copy of the UN Declaration and they both demonstrate that the origin of human rights is human dignity and the worth of the person.

This thesis examines the state of Islamic law in the modern context as perceived by the Muslim scholar Abdullahi an-Na`im, assessing its suitability for contemporary society, with particular emphasis upon its relationship to international human rights standards. The first part of this work reviews the impact of the nation-state upon the current international structure and then considers Islamic law as it was classically conceived and developed. The focus of this discussion addresses the importance of clear and definite texts in the Qur'an and the roles of ijtihad and naskh in us&dotbelow;ul al-fiqh, exploring the dimensions of flexibility and change allowed in this system. The second part involves an investigation of the development of international human rights standards and provides an appraisal of their authority and validity by which the Shari'a is today judged. The areas in the Shari'a that are seen to conflict with these modern standards, specifically the status of women and non-Muslims, and criminal punishment, are examined. Finally, the methodology for the reform of Islamic law proposed by an-Na'im is then evaluated, with due consideration given to the importance of hermeneutics and historical context. The value given to the difference between the Meccan and Medinan verses for the construction of a new understanding of the Qur'an within the framework of legal methodology is presented, as are the methodological tools that an-Na'im employs for modern legal reform.

Visigothic Hispania, Islamicate al-Andalus and Christian Spain are names representing three scriptural monotheistic civilizations in Iberia. Al-Andalus has stood apart from this list by representing a time and a place of convivencia in which Christians, Jews and Muslims cooperated and coexisted. Why and how the Islamicate civilization in al-Andalus differed from the Visigoths or the Spanish, despite all three sharing a religious orientation is an historical puzzle. By exploring the legal status of Jews within the legal regimes of Christian Rome and Visigothic Hispania, this thesis will suggest that it is cosmopolitanism and its converse exclusivism that best explain concepts of convivencia or coexistence in the face of religious diversity.

Understanding human dignity is integral to protecting human rights. An examination of Canada‘s Supreme Court decisions and Canadian public policy debates reveals that human dignity is being defined synonymously with individual autonomy and equality. This narrow understanding has serious implications for people who are not able to assert their autonomy. To understand the philosophical ideas behind these decisions, this thesis examines classical, modern, and postmodern accounts of human dignity and concludes that they fall short in providing an objective grounding for dignity that is truly human. It then looks to the Judeo- Christian account of human dignity to provide a transcendent foundation for human dignity. With this account, persons are rational and physical, relational, inviolable, and teleological – a hopeful contrast to the prevailing contemporary accounts. This thesis then defends the place of this religious perspective in our secular country.
vi, 182 leaves : ill. ; 29 cm.

This paper examines the exegetical history of the prohibition against kindling fire on the Sabbath day. Since its biblical inception Ex. 35:3, the prohibition against kindling fire on the Sabbath, has undergone a multiplicity of interpretations. The texts examined in this paper survey the treatment of this verse from its inception through to the twentieth century and the advent of electricity. Over generations exegetes have understood this biblical verse to be a prohibition against kindling, burning, and even cooking. The debates concerning the legal status and implications of the verse have additionally been outlined in this paper. Tracing the history of this verse, therefore, provides insight into the meaning of the verse and its halakhic implications.

The prevailing opinion regarding Gallo-Roman religion, expressed by Jullian, Hubert, Thévenot, Duval, Hatt and Wightman, is that it was a fusion between the two religions. Scholars who dissent from this view can be divided into two different groups. On the one hand, Woolf contends that, during a formative period of Gallo-Roman civilisation, there was a partial abandonment of the Gallic rites, that Roman religion came to be understood to be better as well as different, and that Gallo-Roman religion offered more spiritually as well as materially. On the other hand, Vendryes, Le Roux, Guyonvarc’h and Benoît hold that the Gallic deities continued to be worshipped, some under a Roman guise, others in their original pre-Roman form; however, they accept aniconism, atectonism and the reports that the Romans stopped human sacrifice and headhunting. I agree, for the most part, with Vendryes, Le Roux, Guyonvarc’h and Benoît, but directly oppose Woolf. I argue, not only that the worship of the Gallic deities continued, but also that Gallic religion already made use of anthropomorphic images and formal structures before the Roman Conquest, that the disappearance of human sacrifice was wrongly attributed to the Romans and that the Romans never suppressed headhunting. In chapter one I discuss some conceptual problems that need clarification before the subject can be properly addressed. They include problems regarding terminology, presuppositions and errors. In the second chapter I refute the concept of aniconism and examine the archaeological and literary sources of information about Gallic religion and their reliability. Using these sources, in the third chapter, I identify Gallic deities and decode the enigma of the pantheon set out by Caesar. In the fourth chapter I dismantle the myth of atectonism and confirm the use of formal structures of worship and ritual by the Gauls; I also analyse the essential elements of such structures, supporting my argument by a comparison of pre-Roman Celtic sanctuaries from both inside and outside the Roman Empire. In the fifth chapter I examine the concept of sacrifice from an anthropological perspective and apply this approach to all Gallic sacrifices; I also examine the Gallic rituals of divination and circumambulation. I establish the basis for the magico-religious significance and popularity of headhunting in the sixth chapter. In the seventh chapter I define the Celtic belief in an Afterlife and demonstrate its attraction. Finally, in the eighth chapter, I examine how many of these Gallic beliefs and customs continued after the Roman Conquest and demonstrate that Gallic religion was not abandoned, that the Celtic sanctuary design was the basis for Gallo-Roman temple design and that the Gallo-Roman religion was far more Gallic than Roman.

This thesis discusses the prohibition of human cloning in contemporary Islamic legal discourse, which relies on two distinct doctrines: the first seeks support in the Qur'anic text, while the second depends on method of utilitarian legal hermeneutics (al-istiṣlaḥ ). These doctrines are examined by comparing them to the method that contemporary Islamic legal discourse adopts, namely, uṣul al-fiqh. When this is done, a discrepancy emerges in the first doctrine that traces this prohibition back to the text of revelation, which in turn requires further clarification of the foundations of hermeneutics in uṣul al-fiqh---identified here as textual and legislative consistency. For this, Shaṭibi's theory of maqaṣid al-sharī'ah offers one of the most reliable bases for the hermeneutics to evaluate the second doctrine. The methodological venture in this thesis aims at criticizing the current methodology while at the same time offering a justified approach to hermeneutics in contemporary Islamic legal discourse and in the case of human cloning.

The Shi'ite orthodoxy, represented by the Usuli trend, introduced a new institution, i.e. marja'-i taqlid, in the middle of the thirteenth/nineteenth century when the struggle for the authority of the Imam was heightened by the representatives of speculative thought in Shi'ism. This institution combined the status of the most learned mujtahid with the charisma derived from the vicegerency of the Imam of the Age without committing itself to miraculous performances or directly jeopardizing the ruling establishments. The Usuli orthodoxy successfully fought the Akhbaris' detachment from the formal bases of argumentation on the one hand and the direct pretension to the authority of the Imam by the Sufis and Shaykhis on the other hand. The Usulis not only placed the marja'-i taqlid at the head of the Shi'ite learned hierarchy, but gave his pronouncements as of binding authority for the community. Marja'-i taqlid benefitted from the growth of popular religion among post-Safavid Iranians whose religious alms and charities guaranteed the financial independence of the supreme mujtahids. Marja'-i taqlid played important roles in the socio-political development of the Shi'ite people of Iran and Iraq either by legitimizing their constitutional and reformist movements or opposing colonialist and Westernizationist processes. However, in practice, the institution of marja'iyat escaped any attempts to embed the institution into the constitutional system or into any formal structure of juristic hierarchy.

Thesis (MBA)--Stellenbosch University, 2011.
The Islamic Banking industry has been one of the fastest growing industries worldwide with a compound annual growth rate of 28% between 2006 and 2009(Reuters, 2010). These growth rates were experienced amidst the worst economic meltdown the world has seen in decades. This is a clear indication that there is a high level of confidence in the industry. Although the industry has existed for centuries, the past few decades have brought about a revival in Islamic banking. Many Western countries are recognising the industry’s importance and have taken various steps in supporting the establishment of it. South Africa has also taken such steps and has a vision of becoming a hub for Islamic banking on the African continent. This mini thesis examines the differences in nature of the underlying principles of Islamic and conventional banking which then brings to the fore the various challenges that exist in the unhindered functioning of Islamic banks within Western countries. These challenges revolve around institutional and legal frameworks, regulatory and supervisory bodies, South African Reserve Bank requirements, interest, taxation and conceptual understandings. In order to provide recommendations to address these challenges, case studies of Islamic banking in both, Islamic and Western countries were conducted. These case studies provided insight into how countries have addressed similar challenges and to what degree were they successful. This provided the basis from which recommendations were made for Islamic banking to function efficiently and effectively in South Africa and for the country to achieve its goal of becoming a hub of Islamic banking on the African continent.

Thesis (M.A.)--Stellenbosch University, 2001.
ENGLISH ABSTRACT: The purpose of this study was to determine the attitudes older adults (65 years and older) have towards euthanasia. The subjects of the study were people 65 years of age and older who reside in homes for the aged within the Cape Metropolis. An equal number of subjects from the African, Coloured and European communities were randomly selected. A biographical questionnaire as well as the Euthanasia Attitude Scale and the Purpose In Life Test, were administered. The influence of four variables were focused on, namely age, ethnicity, meaning in life and health. Pearson correlation coefficient analysis and one-way ANOV A analysis were used. Ethnicity, meaning in life and health were not found to have a significant correlation with euthanasia. Age was the only variable found to have a significant correlation with euthanasia. The findings were discussed and certain recommendations were made.
AFRIKAANSE OPSOMMING: Die doel van die studie was om vas te stel wat die houding van ouer volwassenes (65 jaar en ouer) is ten opsigte van genadedood. Die proefpersone was almalouer as 65 jaar en woonagtig in ouetehuise binne die Kaapse Metropool. 'n Gelyke aantal proefpersone van die Afrika, Kleurling en Europese gemeenskappe is willekeurig gekies. 'n Biografiese vraelys, asook die "Euthanasia Attitude Scale" en "Purpose In Life Test", is gebruik. Die invloed van vier veranderlikes, naamlik: ouderdom, kultuur, betekenis in die lewe en gesondheid, is ondersoek. Pearson korrelasionele koëffisiënt en een-rigting ANOV A ontledings is gebruik. Etnisiteit, betekenis in die lewe en gesondheid het nie beduidend met genadedood gekorreleer nie, ouderdom was die enigste veranderlike wat beduidend met genadedood gekorreleer het. Die bevindinge is bespreek en sekere aanbevelings is gemaak.

Thesis (MBA (Business Management))--Stellenbosch University, 2008.
ENGLISH ABSTRACT: The South African retirement fund industry, financially sound and well regulated includes a private savings sector and government employees provided for with a near fully-funded retirement arrangement, but approximately three-quarters of the population reach retirement without adequate savings and are dependent on a government social assistance grant programme. One of the broad objectives of government retirement policy is to encourage individuals to provide adequately for their retirement needs and that of their dependents. The retirement funding system has been codified in the Pension Funds Act of 1956. The only investment guidelines that trustees of retirement funds had to follow was Regulation 28 of the Pension Funds Act, which prescribed maximum limits for investments of funds in the various asset classes but provided very little guidance on appropriate investment strategies. The new draft Regulation 28 compels trustees to draw up carefully considered investment strategies. The South Africa Muslim population, though two percent in number has a significant impact on the economy. This report investigates how Regulation 28 collectively with the new draft regulation can be modified to comply with the tenets of the Muslim faith i.e. Shari'ah (Islamic law) requirements. Perhaps the most significant distinction is investment in equity instruments are the main avenue available to Muslim investors for wealth creation, as Islamic law forbids interest. Islamic Commercial Law differs from conventional Western Finance, the most significant difference being the prohibition of riba (interest), commonly equated to interest in conventional finance. However, there are Muslim scholars and thinkers who are not convinced about equating interest with riba with some challenging the riba interest equation.
AFRIKAANSE OPSOMMING: Die finansieel sterk en goed gereguleerde Suid-Afrikaanse Aftreefondsindustrie sluit 'n privaat spaarsektor in en voorsien aan staatsdienswerknemers 'n aftreeplan wat byna ten volle befonds word. Ongeveer twee derdes van die populasie bereik egter aftrede sonder voldoende fondse en is van die regering se Sosiale Bystandsfondsprogram afhanklik. Een van die bree doelwitte van die regering se aftreefondsbeleid is om individue aan te moedig om voldoende aan hulle en hulle afhanklikes se afreebehoeftes te voorsien. Die aftreefondstelsel is in die Pensioenfondswet van 1956 gekodifiseer. Die enigste beleggingsriglyne wat deur trustees van afreefondse gevolg moes word is Regulasie 28 van die Pensioenfondswet. Hierdie riglyne het maksimum limiete vir die belegging van fondse in verskillende bate kategoriee voargeskryf, maar het baie min leiding ten opsigte van die geskikte beleggingstrategiee voorsien. Die nuwe Regulasie 28 konsep verplig trustees am weldeurdagte beleggingstrategiee op te stel. Die Suid-Afrikaanse Moslem populasie, alhoewel net 2% van die totale populasie, het 'n beduidende impak op die ekonomie. Hierdie verslag ondersoek hoe Regulasie 28 in samewerking met die nuwe Regulasie 28 konsep verander kan word am aan die Moslem geloofsleerstellings, bv. Shari'ah (Islam wet) se vereistes te voldoen.

Este trabalho estuda a partir do Deuteronômio a permanência de princípios da Lei da Aliança, de origem divina, e posta à obediência do povo escolhido na lei penal brasileira.. Considerada como uma lei natural, por já estar no coração de cada um, ela dirigiu o destino do povo judeu com base em um equilíbrio social obtido com a concessão do perdão quando da violação da lei. O Decálogo, especialmente nos mandamentos que dizem respeito às relações entre os homens, assume o papel de um projeto de vida que sobreviveu ao longo da história a todas as mudanças ocorridas. Entre as últimas, a secularização e as radicais transformações na economia e nos objetivos perseguidos pelo Estado. A permanência daqueles princípios da religião judaico-cristã que regem a pena e o perdão, na Lei Penal moderna de origem estatal, disciplinando comportamentos em uma sociedade tão diversa, é um sinal de permanência do sagrado
This Works studies, departing from Deuteronomy, Law of Aliance principles permanence, arisen from divine source and commited to Chosen People obedience, in Brazilian Law. Considered as natural Law, since it is, already, in each man heart, it has directed, has led Jewish people destiny, based on a social equilibrium attained through, with pardon concession, in case of Law violation. Decalog, especially, in regard to the commandments related to rapports among men, assumes a Project of Life role that survived through History, to all the occurred changes. Among the last ones, secularization and radical transformations in economics and the aims pursued by State. Those Jewish-Christian religion principles permanence that rule penalty and pardon, in modern Penal Law from State source, meant for disciplining behaviours in so diversified society, is permanence, mark of the sacred

This thesis examines the representation of weeping rulers in early medieval sources, focusing on the Carolingian empire between 790 and 888. The meanings applied to tears are culturally specific: thus, exploring how, why, when and where rulers cried can illuminate the dynamics of power and ideals of kingship in this period. This thesis provides a survey of a poorly understood phenomenon. It also challenges several assumptions about the nature of early medieval power. Rulers wept not only over their own sins (a well-recognised phenomenon), but also over the sins of others and out of a desire for heavenly glory. Thus, they wept in a ‘monastic' or ‘priestly' way. This was something associated more with certain rulers than others. As such, tears can be used as a lens through which developments in ideas about the relationship between secular rulers and the ecclesiastical hierarchy can be traced. The thesis is divided into six sections. The historiographical importance of this topic is discussed in the introduction. Chapter one assesses the understanding of tears in biblical, Roman and Merovingian sources. Chapter two focuses on the representation of tears in texts associated with the court of Charlemagne (d. 814). Chapter three explores how authors loyal to Louis the Pious (d. 840) used tears to respond to criticisms of him and his wife, the Empress Judith (d. 843). Chapter four turns to exegetical material written between 820 and 860 and examines how biblical rulers were represented weeping. In particular, the reception of these previously unrecognised images in royal courts and their influence on narrative sources will be considered. Chapter five explores sources from the later ninth century, focusing particularly on the writings of Hincmar of Reims (d. 882) and Notker of St Gall (d. 912). Chapter six considers tears in three case studies drawn from post=Carolingian sources. Finally the concluding section outlines the significance of this thesis for our understanding of Carolingian and post Carolingian political culture and the history of weeping in the middle ages.

Thesis (MPhil)--University of Stellenbosch, 2001.
ENGLISH ABSTRACT: Perhaps one of the most talked about subjects worldwide and in South Africa these days is the abortion issue. A growing number of women admit to having had one. Basically there are two opposing views and values on the question of abortion. We normally hear people referring to the 'abortion issue'; my understanding of this is that there is a dialogue going on at the moment concerning abortion. In South Africa before the current Choice of Termination of Pregnancy (TOP) Bill, some activists' women and the ever-growing 'feminists' movements were lobbying and demanding that abortion be decriminalised. As we may all be aware, up until 1 February 1997, abortion or termination of pregnancy (TOP) in South Africa was conceivable under very restrictive atmosphere. Before the introduction of the current Termination of Pregnancy Bill, a majority of women had no access to abortion services in the country, hence the growing number of back-street job. By implication this means that most women given the choice, would not seek the experience of abortion, but if they do, it would be available to the in safe, legal, accessible and affordable service. Not only does the Act conceal that terminating pregnancy that occurred through criminal acts such as rape and incest is justifiable. The current liberal Termination of Pregnancy Bill also gives pregnant women the 'right' or 'freedom' to abort whenever and for whatever reason they deem fit. Part of the ethical dilemma of the abortion issue is that there are those who holds a view that always where there is a conflict of rights and interests, the foetus' rights must give way to, or that the foetus' rights must be overridden by those of a pregnant women. Pro-choice advocates maintain that a woman's choice to terminate her pregnancy is her own business and hers alone, in other words, this for them is a private decision. Well, I argue that this is not necessarily the case, ethically, the father of the unborn child should also be considered in such a decision. Given that virtually every abortion has risks, the parents of the aborting woman and to some extent the society at large are involved. Therefore, to solely talk of the 'mother's right to choose' is basically suggest that morality is "relative" and such relativism is conceived from the idea of privatisation of abortion and life in general. In the following pages I will look at the arguments in support of abortion and against it, and these are criticised. Also discussed are the ethical implications of the new South African Termination of Pregnancy Act. Broadly speaking, technology advancement has made it possible to detect the unborn baby's physical condition (sometimes even its mental state) while the mother is still pregnant. The ethical implications of this medical intervention are used to decide whether the unborn child should live or die. Given this, if the purpose of these prenatal diagnosis were for the destruction of the unborn, therefore, advocates of the movements such as 'the right to life', and 'pro-lifers' would argue that because of particularly twisted purpose, prenatal diagnosis must be abolished. Furthermore, I will acknowledge that the Termination of Pregnancy Bill as we have it, is appraised by feminists movements and others who are not necessarily feminists as allowing increased and unrestricted access to 'free' and 'safe' abortion in the government hospitals and clinics. However, I argue that this was rather prematurely introduced. I argue that a number of pregnant women claiming to be poor still present themselves to private doctors and private clinics for abortion and they pay anything between R 600- 800 or more depending where these services are provided. On the other hand, for one reason or another, other women still choose to terminate their pregnancies back street way although the risks are high in such servicing stations. In the light of these facts, one wonders whether it is appropriate to legislate for the termination of pregnancy or would it have been a worthwhile decision to delay the legislation of abortion for a while and thoroughly make a research and relevant preparation for it. I also argue that ideology plays an important part in the abortion debates. Besides, the abortion debate is also characterised by indoctrination, the purpose of which is to leave other confused. In both cases facts are misrepresented or false statements are made, and this for me is ethically unacceptable. I will also comment on the importance of linguistics, that is, the proper understanding of normal English terms and what I refer to as 'deceptive language' used by campaigners. Inthe last part of this thesis, I will outline some basic approaches to ethics and which belong to what is referred to as postmodernism. The Postmodern worldview deconstructs metanarratives so that no one particular belief is more believable than another. This worldview bring with it ethical relativism, which is a theory which holds that morality is relative to the individual. Three movements are given as an example of this move toward ethical relativism, they are: (a) Emotivism, (b) Subjectivism, and (c) Situationalism While I will argue that rape and incest are evil acts, and support abortion in cases involving such acts, however, I also believe that abortion is not the answer to the problem of rape and incest. I will propose a number of recommendations the South African government should have made before legislating for abortion. For instance, by creating separate abortion service facilities even in the hospital premises, with properly trained staff; so that people who came to seek advice for abortion are not intimidated by those who go to full terms with their pregnancy. Included in this thesis is a case study to demonstrate the complexity of the abortion issue to everyone involved. Some psychological and emotional symptoms following abortion will be outlined and this according to women who do share their abortion story is a reality they have to live with every day of their lives.
AFRIKAANSE OPSOMMING: Aborsie is moontlik een van die mees veelbesproke kwessies van ons tyd, sowel in Suid- Afrika as wêreldwyd. 'n Groeiende aantal vroue erken dat hulle al een gehad het. Basies is daar twee opponerende gesigspunte en waardes betrokke by die twispunt rondom aborsie. Aborsie was voor die aanvaarding van die jongste wetgewing (d.w.s. voor 1 Februarie 1997) in Suid-Afrika slegs moontlik onder streng beperkings. Voor die huidige wet ( die "Termination of Pregnancy Bill") in werking gekom het, het die meerderheid vroue geen toegang tot aborsie gehad in Suid-Afrika nie, wat gelei het tot 'n toename in agterstraat aborsies. Die nuwe wet gee nie slegs die reg om te aborteer aan vroue wat swanger is as gevolg van kriminele optrede soos verkragting of bloedskande nie. Die huidige, buitengewooon liberale wet gee ook vir alle praktiese doeleindes aan die vroue die reg om aborsie op versoek te ondergaan tot op 20 weke van swangerskap. Die doel van hierdie werkstuk is om hierdie nuwe liberale wet aan 'n krities ondersoek te onderwerp. Deel van die etiese dilemma rondom die kwessie van aborsie spruit voort uit die feit dat daar diegene is wat reken dat, indien daar enige konflik tussen regte en belange is, die regte van die fetus ondergeskik is aan die regte van die swanger vrou. Diegene ten gunste van aborsie voer aan dat die keuse gemaak moet word deur die betrokke vrou, en dat so 'n keuse uitsluitlik haar eie is. Ek argumenteer dat dit nie noodwendig die geval is nie. Die vader van die ongebore kind behoort ook 'n sê te hê in hierdie saak. Gegee dat elke aborsie sekere risiko's insluit, het die ouers van die betrokke vrou en die samelewing ook 'n belang by so ,'n situasie. Dus is om slegs te praat van die 'vrou se reg om te Ides' om te suggereer dat moraliteit "relatief' is, en sulke relativisme word afgelei van die idee van die privatisering van aborsie en die lewe in die algemeen. In die volgende bladsye sal ek die argumente vir en teen aborsie analiseer en kritiseer. Die etiese implikasies van die nuwe Termination of Pregnancy Act word veral bespreek. Tegnologiese vooruitgang het dit moontlik gemaak dat die ongebore baba se fisiese (en soms selfs mentale) kondisie bepaal kan word voor geboorte. Die etiese implikasies van die mediese intervensie word gebruik om te besluit of die ongebore baba moet lewe of sterf Dus, indien die doel van prenatale diagnose die moontlike vernietiging van die ongeborene insluit, sal diegene wat teen aborsie is, argumenteer dat so 'n verwronge doel veroorsaak dat sulke ondersoeke gestaak behoort te word. Ek sal erken dat die nuwe wet waardeer word deur feministe, en andere wat nie noodwendig feministe is nie, as 'n wet wat dit moontlik maak dat daar toenemende en onbeperkte toegang is tot 'gratis' en 'veilige' aborsies in regeringshospitale en klinieke. Maar ek wil argumenteer dat die wet te vroeg aangeneem is. Ek argumenteer dat 'n groot aantal verwagtende vroue voorgee dat hulle arm is en poog om 'n aborsie te kry by private dokters en klinieke, en dan tussen R600 - R800 of meer betaal vir so 'n diens, afhangende van waar dit geskied. Aan die ander kant, om een of ander rede, kies sommige vroue steeds om hulle swangerskappe te termineer deur agterstraat-aborsies, ten spyte van die risiko's. Gegewe hierdie feit, wonder mens of dit gepas was on 'n wet in te stel aangaande die terminasie van swangerskap, en of dit nie beter sou wees om die wetgewing uit te stel tot volledige navorsing gedoen is en voorbereiding getref is nie. Ek argumenteer ook dat ideologie 'n belangrike rol speel in die aborsie-debat. Die aborsie-debat word ook gekenmerk deur indoktrinasie ten einde mense te verwar. In beide gevalle is daar die wanvoorstelling van feite of word valse stellings gemaak, wat eties onaanvaarbaar is. Ek salook kommentaar lewer oor die belangrikheid van taal, dws die korrekte verstaan van normale (Engelse) terme en wat ek na verwys as die 'misleidende taal' wat gebruik word deur sekere kampvegters betrokke by die debat. In die laaste deel van die werkstuk sal ek sekere basiese benaderings tot etiek ondersoek, veral dié wat na verwys word as "postmodernisme". Die Postmoderne gesigspunt dekonstrueer metanarratiewe sodat geen spesifieke oordeel langer meer geloofwaardig is as 'n ander nie. Hierdie gesigspunt word dan ook vergesel deur etiese relativisme, wat huldig dat moraliteit relatief is tot die individu. Drie bewegings word genoem as voorbeelde van hierdie beweging na etiese relativisme, nl: (a) Emotivisme, (b) Subjektivisme, en (c) Situasie-etiek Alhoewel ek argumenteer dat verkragting en bloedskande morele verkeerd is, en alhoewel ek aborsie in sulke gevalle voorstaan, glo ek nie dat aborsie 'n antwoord bied op die probleem van verkragting en bloedskande nie. Ek sal 'n aantal voorstelle maak aangaande wat eintlik moes gebeur het voor die regering die huidige aborsiewet aanvaar het. Byvoorbeeld, dat aparte aborsie-fasiliteite, selfs by die hospitaal en met opgeleide personeel, geskep moes word ten einde te voorkom dat diegene wat advies vra aangaande aborsie nie geïntimideer word deur persone wat nie wil aborteer nie. Ingesluit in hierdie studie is 'n gevallestudie wat die kompleksiteit van die kwessie rondom aborsie, vir al die rolspelers, demonstreer. Sekere emosionele en sielkundige simptome, veroorsaak deurdat 'n persoon besluit het om te aborteer, sal geskets word. Vir vroue wat 'n aborsie ondergaan het is hierdie 'n realiteit waarmee hulle elke dag moet saamleef

Due to the lack of comparative studies referring to so-called values among the Jewish and Christian faith, the following study examines various interpretations of the Decalogue in the Hebrew Bible. These expositions originate from the Roman Catholic, Jewish and Reformed Evangelical tradition. Since the Ten Commandments have been considered influential in several traditions, this study attempts to identify their authority, purpose and status based on the writings of three different theologians. The analysis does not take the whole tradition itself into account, but seeks to discover diverse perspectives, in order to promote a nuanced result. Hence, the results neither speak for the entire denomination nor its believers. Furthermore, the approach of the study is an analysis of ideas, a commonly used method regarding statements of all kind, principally political and religious commentaries. The method endeavors to describe in order to supply further information not explicitly mentioned by the material itself. Thus, the analysis proceeds from theoretical perspectives such as the Euthyphro dialogue, Biblical hermeneutics and covenant. The theologians agree that morality originates from God because of God’s will. Yet there is disagreement regarding its purpose among all three authors. The Roman Catholic and Jewish author emphasize the covenant as a reason to honor the Ten Commandments and have a liberal approach combined with a historical-critical perspective of the Bible, whereas the Reformed Evangelical author expresses a conservative view, equating the Bible with the actual word of God. The Decalogue enjoys a higher status among the Christian authors, although the Roman Catholic author values the Golden Rule significantly more. The issue regarding whether the Decalogue ought to be treated as being above every other law remains unclear based on the material, but is highly more focused than other commandments in the Hebrew Bible. Definitively the study identifies uniting differences from a wide range of beliefs in the theological area.

This dissertation assesses how Islamic finance fares as an example of 'civil compromise' in Islamic law. By focusing on the Islamic project finance sector, my research examines how the industry's main stakeholders (representing faith, capital, and power) cooperate and compete to bring about this compromise through the 'Game of Islamic Bank Bargains'. The Islamic finance industry is a work in progress, and while it has made some significant strides, it is still a niche in the global conventional financial order rather than an alternative to it. It has fallen short of fulfilling its originally-stated social justice aspirations, but has provided a previously unavailable form of banking and finance for Muslims to transact, at least formalistically, in accordance with widely-believed tenets of their faith. Thus, those who hold up Islamic finance as a universal panacea or dismiss it outright as a fraud have both got it wrong. It is neither. It is, rather, a complex myriad of incentives and aspirations of a multitude of stakeholders muddled together across numerous geographies and evolving incrementally and constantly. The state of the industry is the result of how the stakeholders (the shariah scholars, lawyers, bankers, government officials, and customers) have pursued their self-interest in the Game of Islamic Bank Bargains. My research examines who are the 'winners' and 'losers' of this game, and what religious, commercial, and political factors have influenced this outcome. I assess what may incentivise the incumbent 'winners' to guide the Islamic finance industry away from a formal and legalistic approach towards one that also incorporates principles from Islamic economics. I explore how the 'losers' - whose interests are not accounted for due to their lack of sufficient financial and political clout - can sway the outcome of the game in their favour.

When Paul writes ‘we too were enslaved under the elements of the world', he means that the elements that compose the cosmos also compose and compromise the flesh and enslave human persons through their bodies (Gal 4.3). This thesis demonstrates that early Jews used the phrase στοιχεῖα τοῦ κόσμου to refer to the material elements – earth, water, air, and fire – and not to elemental spirits or elementary principles. Greek medical tradition understood the material elements to mediate the stimuli (παθήματα) and desires of the body which enslave the soul, and it prescribed a variety of regimens (including νόμος) as παιδαγωγοί to guide a person to wholeness. In his philosophy according to the cosmic elements, Philo promotes the law of Moses – including circumcision and the calendar – as the effective way to be ‘redeemed from slavery' to the flesh, to attain righteousness, and to live in harmony with the cosmos. Paul's epistle to the Galatians opposes this sort of ‘redemptive nomism'. Paul accepts that weak στοιχεῖα compose the weak σάρξ and that they mediate sinful stimuli and desires that lead to the actions of the flesh. However, he denies that the law can make people alive or righteous. Instead, Paul prescribes crucifixion with Christ and new life with the Spirit as the final cure for sin's infection of the flesh made of weak στοιχεῖα. Through faith, Christ will be formed in believers as the Spirit guides them away from the desires of the flesh and produces his fruit in their lives.

Thesis (DTh)--Stellenbosch University, 2007.
ENGLISH ABSTRACT: As the title suggests, this research is a study of primogeniture in the Old Testament towards a theological-ethical understanding of patriarchy in ancient Israel. Using the Ancient Near East as a wider context of the Old Testament, the research first analysed the Ancient Near East texts relating to primogeniture, i.e., texts relating to inheritance and succession. In so doing the research reveals that primogeniture was a generally practiced custom of most of the Ancient Near East societies, serving as a cornerstone for their patriarchal culture. The research also demonstrates that there were exceptions to the rule. For example, the Elamites practiced matrilineal and matrilocal customs. Within the general practice of primogeniture among most of the Ancient Near East societies, firstborns were often displaced in favour of younger sons. In some cases, daughters and wives could also inherit and own properties, although succession to the throne by daughters was rare. The central focus of the research is a socio-rhetorical criticism of the primogeniture text of Deuteronomy 21:15-17. Like in the Ancient Near East, this study also discovers that primogeniture was a generally practiced custom as well as a cornerstone of ancient Israel’s patriarchy. However, exceptions to this rule in ancient Israel seemed to be even more notorious than in those of other ancient Near East societies. The custom was often not followed. Daughters could also inherit. Firstborns were displaced by their younger brothers for prime heirship of the family as well as succession to the throne. This violation of primogeniture custom was theologically and ethically qualified and politically and ideologically appropriated. The research thus concludes that these theological-ethical qualifications as well as political-ideological appropriation of the violation of primogeniture based on socio-economic and religious-political changes of society indicate that patriarchy according to the Old Testament is not a static divine blueprint for all societies of all generations. Rather, patriarchy in ancient Israel was a dynamic socio-historical and theologicalethical process which was subjected to change, modification, reinterpretation, and re-appropriation according to socio-economic and religious-political developments of a given society. In the name of patriarchy, women had been denied their rights, robbed of their dignity and worth, and regarded as a second class image of God in many societies, then and now. Committed to correcting these wrongs, this research – arguing that patriarchy in the Old Testament is not so much a privilege as it is to a responsibility – challenges the contemporary hierarchical patriarchal ideologies, and contends for gender equality in all walks of life, remembering that we are all created equally in the image of God.
AFRIKAANSE OPSOMMING: Soos die titel aandui, dek hierdie studie eersgeborenheid in die Ou Testament om 'n teologies-etiese begrip van die patriargie in antieke Israel te bewerkstellig. Teen die Antieke Nabye Ooste (ANO) as wyer konteks van die Ou Testament, analiseer die navorsing ten eerste die ONO-tekste wat betrekking het op eersgeborenheid, met ander woorde tekste wat verwys na vererwing en opvolging. In die proses het die navorsing aan die lig gebring dat eersgeborenheid 'n wydverspreide praktyk in die meeste ANOgemeenskappe was en as hoeksteen vir hul voortbestaan en patriargale stelsels gedien het. Die navorsing het ook aangetoon dat uitsonderings op hierdie reël voorgekom het. So het die Elamiete byvoorbeeld matriliniêre gebruike gehad, asook waar die man by die vrou se familie gaan woon het. In die algemene gebruik van eersgeborenheid onder meeste van die ANO-gemeenskappe, is eersgeborenes dikwels vervang ten gunste van jonger seuns. In sommige gevalle kon dogters en eggenotes ook erflatings ontvang en vaste eiendomme besit, alhoewel troonopvolging deur dogters baie selde voorgekom het. Die sentrale fokus van die navorsing is 'n sosioretoriese kritiek op die eersgeborenheidsteks in Deuteronomium 21:15-17. Soos ten opsigte van die ANO, het die studie ook vasgestel dat eersgeborenheid 'n algemeen aanvaarde praktyk en ook hoeksteen van antieke Israel se patriargie gevorm het. Maar die uitsonderings op hierdie reël in antieke Israel was skynbaar selfs meer opspraakwekkend as in ander ANOgemeenskappe. Die gebruik is dikwels nie nagevolg nie. Dogters kon ook vererf. Eersgeborenes is deur hul jonger broers vir die belangrikste erfporsie van die familie vervang, asook vir troonopvolging. Hierdie verbreking van die eersgeborenheidsgebruik is teologies en eties gekwalifiseer en polities en ideologies toegepas. Die navorsing kom dus tot die gevolgtrekking dat hierdie teologies-etiese kwalifikasies, asook die polities-ideologiese toepassing van die verbreking van eersgeborenheid, gebaseer op sosio-ekonomiese en religieus-politieke veranderinge in die gemeenskap, aandui dat patriargie volgens die Ou testament nie 'n statiese, godgegewe bloudruk vir alle gemeenskappe van alle generasies daarstel nie. Patriargie in antieke Israel was eerder 'n dinamiese sosiohistoriese en telogies-etiese proses, wat onderworpe was aan verandering, aanpassing, herinterpretasie en hertoepassing ingevolge soio-ekonomiese en religieus-politieke ontwikkelinge van 'n gegewe gemeenskap. In die naam van patriargie is vroue in baie gemeenskappe, destyds en vandag nog, ontneem van hul regte, van hul waardigheid en van hul waarde gestroop en beskou as 'n tweede klas beeld van God. Hierdie navorsing is toegewy aan die regstel van hierdie onregte en is van mening dat patriargie in die Ou testament nie sodanig 'n voorreg was nie as 'n verantwoordelikheid en daag daarmee die hedendaagse hiërargiese patriargale ideologieë uit. Dit spreek hom uit ten gunste van geslagsgelykheid in alle gebiede van die lewe, met in ag neming dat ons almal gelyk geskape is in die beeld van God.

This dissertation analyzes the development of the Islamic Society of North America (ISNA), a Muslim-American religious association, from the Iranian Revolution to the inauguration of our nation's first African-American president. This case study of ISNA, the largest Muslim-American organization in North America, examines the organization's institution-building and governance as a way to illustrate Muslim-American civic and religious participation. Using nonprofit research and theory related to issues of diversity, legitimacy, power, and nonprofit governance and management, I challenge misconceptions about ISNA and dispel a number of myths about Muslim Americans and their institutions. In addition, I investigate the experiences of Muslim-Americans as they attempted to translate faith into practice within the framework of the American religious and civic experience. I arrive at three main conclusions. First, because of their incredible diversity, Muslim-Americans are largely cultural pluralists. They draw from each other and our national culture to develop their religious identity and values. Second, a nonprofit association that embraces the values of a liberal democracy by establishing itself as an open organization will include members that may damage the organization's reputation. I argue that ISNA's values should be assessed in light of its programs and actions rather than the views of a small portion of its membership. Reviewing the organization's actions and programs helps us discover a religious association that is centered on American civic and religious values. Third, ISNA's leaders were unable to balance their desire for an open, consensus-based organization with a strong nonprofit management power structure. Effective nonprofit associations need their boards, volunteers and staff to have well-defined roles and authority. ISNA's leaders failed to adopt such a management and governance structure because of their suspicion of an empowered chief executive officer.

In this thesis I present new insights into aspects of Peter Guthrie Tait's life and work, derived principally from largely-unexplored primary source material: Tait's scrapbook, the Tait–Maxwell school-book and Tait's pocket notebook. By way of associated historical insights, I also come to discuss the innovative and far-reaching mathematics of the elusive Frenchman, C.-V. Mourey. P. G. Tait (1831–1901) F.R.S.E., Professor of Mathematics at the Queen's College, Belfast (1854–1860) and of Natural Philosophy at the University of Edinburgh (1860–1901), was one of the leading physicists and mathematicians in Europe in the nineteenth century. His expertise encompassed the breadth of physical science and mathematics. However, since the nineteenth century he has been unfortunately overlooked—overshadowed, perhaps, by the brilliance of his personal friends, James Clerk Maxwell (1831–1879), Sir William Rowan Hamilton (1805–1865) and William Thomson (1824–1907), later Lord Kelvin. Here I present the results of extensive research into the Tait family history. I explore the spiritual aspect of Tait's life in connection with The Unseen Universe (1875) which Tait co-authored with Balfour Stewart (1828–1887). I also reveal Tait's surprising involvement in statistics and give an account of his introduction to complex numbers, as a schoolboy at the Edinburgh Academy. A highlight of the thesis is a re-evaluation of C.-V. Mourey's 1828 work, La Vraie Théorie des quantités négatives et des quantités prétendues imaginaires, which I consider from the perspective of algebraic reform. The thesis also contains: (i) a transcription of an unpublished paper by Hamilton on the fundamental theorem of algebra which was inspired by Mourey and (ii) new biographical information on Mourey.

The contemporary threat of terrorism has changed the ways in which government and the public view the world. Unlike the existential threat from nation states in previous centuries, today, government and the public spend much of their effort looking for the inward threat. Brought about by high profile events such as 9/11, 7/7, and 3/11, and exacerbated by globalisation, hyper-connected social spheres, and the media, the threats from within are reinforced daily. In the UK, government has taken bold steps to foment public safety and public security but has also been criticised by some who argue that government actions have labelled Muslims as the ‘suspect other'. This thesis explores the counter-terrorism environment in London at the community/government interface, how the Metropolitan Police Service and London Fire Brigade deliver counter-terrorism policy, and how individuals and groups are reacting. It specifically explores the realities of the lived experience of those who make up London's ‘suspect community' and whether or not counter-terrorism policy can be linked to further marginalisation, radicalism, and extremism. By engaging with those that range from London's Metropolitan Police Service's Counterterrorism Command (SO15) to those that make up the radical fringe, an ethnographic portrait is developed. Through that ethnographic portrait the ‘ground truth' and complexities of the lived experience are made clear and add significant contrast to the aseptic policy environment.

Este estudo busca trazer elementos para explicar a crise que dissolveu a Unilabor, uma experiência autogestionária operária única a seu tempo, em São Paulo, através da análise da documentação interna da empresa, das informações prestadas por alguns dos participantes, entrevistados, e pelo recurso à hipótese de prevalência de uma racionalidade instrumental, a certa altura dos acontecimentos, em lugar da racionalidade substantiva pressuposta nos fundamentos da comunidade. Os elementos para a formulação e exame dessa hipótese provêm das teorias marxistas do trabalho, conforme reformuladas e atualizadas por autores como Robert Kurz, Roberto Schwarz, Moishe Postone, Jürgen Habermas, André Gorz e Ricardo Antunes, os quais, mesmo não uniformemente, apontam os elementos atuais de uma crise da categoria \'trabalho\' como elemento central da formação da riqueza. Também os conceitos de comunidade, solidariedade, esperança e amizade, conforme expostos e analisados por Giorgio Agamben e Terry Eagleton, servirão para problematizar as conclusões do trabalho. O aspecto estético, consubstanciado no desenho industrial utilizado nos móveis produzidos pela Unilabor, aparece como fundamento secundário da hipótese de insuficiência substantiva apresentada, pois pretendeu ser fator pedagógico, portanto de aprendizado de ofício, para os operários envolvidos na autogestão. Tal programa estético, tanto quanto a solidariedade, a amizade e a racionalidade substantiva, também mostrou-se insuficiente para a manutenção dos laços comunitários.
This study aims to gather elements to explain the crisis that dissolved Unilabor, a workers\' self-management experience in São Paulo that was unique in its time, through the analysis of the company\'s internal documentation, through information provided by some of the participants who were interviewed, as well as by resorting to the hypothesis of prevalence of an instrumental rationality, at one point, in place of the substantive rationality assumed in the fundamentals of the community. The elements for the formulation and analysis of this hypothesis come from Marxist theories of labor, as reformulated and updated by authors such as Robert Kurz, Roberto Schwarz, Moishe Postone, Jürgen Habermas, André Gorz, and Ricardo Antunes, who, albeit not uniformly, have pointed out the current elements of a crisis of the category \'work\' as a central element in the creation of wealth. Additionally, the concepts of community, solidarity, hope, and friendship, as defined and analyzed by Giorgio Agamben, and Terry Eagleton will be used to open the conclusions of this paper up to discussion. The aesthetic aspect, embodied in the industrial design of the furniture produced by Unilabor is present as a background for the substantive insufficiency hypothesis that is presented, since it intends to function as a factor that is pedagogical, thus concerning the learning of one\'s craft by workers involved in the self-management. This aesthetic program, as much as the solidarity, friendship, and substantive rationality, also proved to be insufficient for the maintenance of community ties.

This study was designed against the background of the vital need for a comprehensive research on religious sisters in Africa and Nigeria in particular to address the problems and challenges of identity construction by them within the context of religious community life. It is an interpretative qualitative research study which used an interdisciplinary theoretical approach, drawing on theology of religious life and dialogical self theory to argue that the sisters‘ performance of identity is a context-bound activity. Interview data was drawn from 18 participants from two religious congregations (Daughters of Divine Love and Society of the Holy Child Jesus) in Nigeria in order to understand the meaning sisters give to their intersubjective exchange and the impact it makes on their development and performance of personal/religious identity. The results showed that the sisters used a multiplicity of I-positions to construct identity. This multiplicity of I-positions arises from self-positioning and self as positioned by others (including superiors/formators, senior/older sisters, priests) which are laden with conflicts and dilemmas of identity construction. The major dilemma of identity construction that the participants encountered is based on the discrepancy between the ideal and the lived reality of religious life. The participants presented the ideal as a call to do God‘s will in direct imitation of Christ, but the lived reality offers a mixed experience. On the one hand the participants indicated that relationships within the religious community, Church and wider Nigerian society are supportive, facilitating their development and performance of Christ-like identity. But on the other hand the findings reveal that the participants‘ performance of identity has been hindered by power relations and dominance (including gender related issues) which are prevalent in religious communities, the Church and wider Nigerian society, leading the participants to present their performance of identity as a struggle for survival. Thus their construction of identity is a constant negotiation process, in which they are engaged in appropriation and rejection of positions as they struggle to construct unity-in-multiplicity. To this effect the study recommends that leaders of religious life review their leadership style in order to adopt a more inclusive approach which gives every sister the opportunity to speak and be heard, thus create a more conducive environment for sisters‘ identity construction.
Thesis (Ph.D.)-University of KwaZulu-Natal, Pietermaritzburg, 2012.

This study focuses on the history of the Roman Catholic, Anglican and United Methodist churches reaction to HIV and AIDS in Manicaland province, Zimbabwe between 1985 and 2005. It attempts to document and analyse what the three so called ‗mainline‘ churches did and failed to do in responding to a new epidemic. The findings that culminated in this work were obtained mainly from primary written and oral sources that were collected between 2009 and 2011. These comprise oral testimonies of Christians from the Roman Catholic, Anglican and United Methodist churches including bishops and lay members of the churches. In addition, information from medical personnel serving at the churches‘ healthcare as well as that from officers serving in the National AIDS Council (NAC) and the Zimbabwe Association of Church-Related Hospitals (ZACH) were incorporated. Primary written sources include statements issued by the church leaders, the synod and annual conference resolutions, the minutes of parish council meetings, the ad clerums, reports by the church HIV and AIDS structures among others. The study establishes that HIV and AIDS, which emerged in Zimbabwe in the early 1980s, definitely affected the church and also seeks to show that the churches‘ reactions in turn had an influence on the epidemic. The state came out to publicly acknowledge AIDS in Zimbabwe in 1985 and two years later the Zimbabwe Catholic Bishops‘ Conference became the first ecclesiastical body to issue a statement on HIV and AIDS in 1987. In 1989 the churches issued a collective statement under the Heads of Christian Denominations (HOCD) in Zimbabwe, which publicised their views on the Christian response to AIDS. The messages were largely moralistic in nature and the churches maintained this stance throughout the period of study. However, it has also been established that the church healthcare centres were involved in accessing condoms to people living with HIV (PLHIV) and other members of the public. Throughout the twenty-two years covered by this study the church healthcare system made an impact on the epidemic through offering treatment to PLHIV. The input of the church healthcare system underwent a three phased evolutionary process: the complementary stage between 1985 and 1994, the church paralleling of the state healthcare system from 1995 to 1999, and replacement of the responsibility of the government in healthcare between 2000 and 2007. Generally, the responses have been subdivided into three phases, which were the early years: from 1985 to 1994, the middle years lasting between 1995 and 1999 and finally the later years falling between 2000 and 2007. The individual churches appear to have been involved in responding to HIV and AIDS with the same motive of serving humanity starting with their followers and moving beyond. Within the Roman Catholic Church the intervention such as care of PLHIV and orphans and vulnerable children (OVC) became a national and diocesan priority that witnessed the birth of the Mutare Community Home Care project in 1992. The new initiative grew stronger over the years and expanded from nine to nineteen stations covering the province. The Anglican Church launched its institutional AIDS care initiatives between 1999 and 2006. The main thrust was on training of Anglicans in responding to the epidemic and the establishment of AIDS care and treatment centres in selected rural areas. Within the United Methodist Church, the thrust was on care of orphans and vulnerable children and home-care at the station, circuit and annual conference levels. All the three churches received donor funding for HIV and AIDS interventions and this became important at a time when the state healthcare and welfare systems were unable to provide care and support to people infected and affected by the epidemic. The study argues that indeed HIV and AIDS like other earlier epidemics such as Black Death in Europe and influenza in Southern Africa is a historical phenomenon which received mixed responses from the community including Christians. It brought to light some of the negative reactions such as denial, stigma and discrimination and yet the epidemic also drew in Christian communities, individuals and institutions to show compassion by caring for people affected and infected by HIV and AIDS. At the institutional level bishops were in a dilemma of maintaining the moral teaching of the church on sexuality and yet they were also expected to be flexible in finding practical ways of preventing HIV. There were other dynamics such as culture, which prevented people from using condoms. The church followers made a very essential contribution in mitigating the effects of the epidemic by being the army of caregivers to people infected and affected by HIV and AIDS. Despite their unique dedication to caring for AIDS clients, women were the most affected by the epidemic because of the patriarchal nature of the churches and the cultural perceptions of gender and sexuality. It is hoped that the churches will draw on this history to shape future HIV and AIDS interventions.
Thesis (Ph.D.)-University of KwaZulu-Natal, Pietermaritzburg, 2012.

A research report submitted In partial fulfilment of the requirements for the degree of Master of Commerce University of the Witwatersrand
The purpose of this study is to analyse the operational economics of Islamic banking transactions in South Africa and to understand how the economics of these transactions lead to the IFRS accounting. The study also aims to highlight the similarities and differences of accounting for these transactions using IFRS, across the different South African banks. The transactions analysed are deposit products of qard and mudaraba and financing products of murabaha, ijarah and diminishing musharaka. The study was conducted through interviews with representatives from each of the four South African banks which offer Islamic banking products. Interviews were semi-structured and allowed for interviewees to voice their perspectives increasing the validity of the interviews. The study found that the specific Shariah requirements of Islamic banking transactions are considered and included in the structure of the contracts by all four banks offering Islamic banking products. However, the economic reality of these transactions closely resembles conventional banking transactions. The study also found that all four banks account for Islamic banking transactions using IFRS but the accounting does not match the Shariah requirements of each transaction, creating a cognitive dissonance between the accounting and the contractual form of the transactions. This study is the first of its kind in South Africa. The study adds to the IASB Consultative Group discussion on accounting for Islamic banking transactions under IFRS. Key words: Conceptual Framework, diminishing musharaka, IFRS, ijarah, Islamic banking, mudaraba, murabaha, qard
MT2017

The dissertation seeks to contribute to the existing body of work in the area of Islamic finance by examining the extent of divergence in practice of Islamic financing from the traditional Shari`ah in the Australian context. To this end, the dissertation presents a discursive analysis of the regulation of Islamic Finance in Australia in terms of (a) the financing instruments used, (b) certainty of transactions between participants in the system, and (c) institutional risk management of Islamic Financial Institutions (IFIs). The methodology chosen for the study is through the Shari`ah, where law, finance, economics and business form a single dimension only, even though a very significant one. Examination of the issues of this study is undertaken through the literature in the relevant field as well as the author’s personal expertise and working experience with several Islamic banks (IBs) and IFIs for a considerable period of time, in addition to his active involvement with at least two of Islamic Financial Services Providers (IFSPs) in Australia.
Doctor of Philosophy (PhD)

M.A. (Semitic Languages and Cultures)
The aim of this dissertation is to analyse some of the prominent elements that constitute the discussion of same-sex sexuality among Muslims such as the distinction between sexual acts and identities and its effect on the construction of sexuality in Muslim societies, the religious and legal permissibility of particular sexual acts, and the intersection between the struggle for justice and equality and sexuality. The theoretical framework for this study is based on postcolonialism and queer theory. I argue that a fundamental rethinking of sex and sexuality in Islam and in Muslim societies needs to transpire in order for a more equitable state of affairs to come into existence. The current prejudice associated with same-sex sexuality requires a considered and erudite overhaul of how sexual relationships and gender are constructed in Islamic ethics and Muslim societies. I first consider the effect of sexual identities, namely a homosexual identity, and the consideration of same-sex sexual acts on the Muslim imagination. The notion of unnatural sexual impulses, sinful desires and the interrelationship between various sexual crimes are important considerations in the discourse on sexual diversity among Muslims. Second, I critically assess the argument in favour of same-sex marriages in Islam based on the assumption of stable identities and the inherent righteousness of a human rights framework. I assess the legal tools used set out some of the challenges of the human rights discourse which influences the struggle for homosexual rights and raise some question as to the efficacy of this strategy or mode of resistance and acceptance. Third, I focus on the nexus between sexual diversity, secularism and empire as sites of contestation and collaboration that continue to influence articulations and constructions of how to be Muslim and be also part of a sexual minority. Fourth, I attempt to chart a way forward for queer Muslims and argue in favour of protecting the conceptual and social space of the ‘closet’ as a liberatory and protective domain for queer Muslims where it is possible to balance both the demands of one’s faith and the expression of one’s sexuality.

From the first to the fourth century AD, male perceptions of female sexuality underwent a radical change with the advent of Christianity. This thesis is an investigation into classical male and Christian male perceptions of female sexuality, to determine the manner and extent to which this change in perceptions took place. The investigation will be two-fold, studying both the laws that established these perceptions, as well as representations of female sexuality within specific, subjective male-authored texts. A study of the marriage legislation of Augustus and a male writer of the early Empire, Apuleius, shows an underlying pattern of thought, or paradigm, of female sexuality among classical males. Female sexuality was perceived as existing for the sole purpose of procreation, and males in positions of authority thought that it needed to be under male control in order to ensure acceptable sexual behaviour. They believed this would be best achieved by situating it under the authority of the family. With the advent of Christianity, however, a new competing paradigm on female sexuality emerged, which challenged the perceptions of men of the classical era. The church fathers spurned the classical view of female sexuality by instead advocating lifelong celibacy. They too, believed female sexuality had to be controlled, but they placed it under the authority of the church, and outside the family. Since the basis of the classical and Christian patterns of thought differed so markedly, especially when the Christian paradigm was first being formulated in the second century, it was inevitable that they would come into " conflict. Advocates of the classical paradigm tried to suppress Christianity by persecuting its supporters. Some Christian women became victims of this conflict. This thesis will also include an example of this conflict - the martyrdom of the female Christian Perpetua, who left a record of her persecution in the form of a diary. The conversion of the Emperor Constantine to Christianity in the fourth century brought about the end of the conflict ana a victory for the Christian paradigm. The church fathers suggest that the shift from classical to Christian was total and complete. However, closer examination of Constantine's legislation and the work of the influential church father Jerome shows that while this shift was complete in theory, it did not extend very far into social and legal practice. Although the Christian ideals of the church fathers were a major component of thenew paradigm, it also came to be composed of classical notions - now motivated by Christian thought - that were held by Constantine and the upper classes. It was these classical notions that shaped the social reality of life in the fourth century AD. The nature and extent of the paradigm shift was therefore radical and far-reaching in theory, but not in practice.
Thesis (M.A.)-University of Natal, Durban, 2002.

Among the numerous commitments late ancient Christians throughout the Roman Empire shared with their non-Christian neighbors was a preoccupation with justice. Not only was the latter one of the celebrated characteristics of God, the New Testament had charged Christians, particularly those who served as bishops or elders, with ensuring and maintaining justice in their communities from the tradition's very origins. In the early fourth century, this aspect of episcopal responsibilities had received an unexpected boost when the Emperor Constantine not only recognized bishops' role in intra-Christian conflict resolution, but expanded their judicial capacity to include even outsiders in the so-called audientia episcopalis, the bishop's court.

Christians had, of course, never resolved the question of what constituted justice in a vacuum. Yet bishops' increasing integration into the sprawling and frequently amorphous apparatus of the Roman legal system introduced new pressures as well as new opportunities into Christian judicial discourse. Roman law could become an ally in a minister's exegetical or homiletical efforts. Yet it also came to intrude into spheres that had previously regarded themselves as set apart from Roman society, including especially monastic and clerical communities. The latter proved to be particularly permeable to different shades of legal discourse, inasmuch as they served as privileged feeders for episcopal sees. Their members were part of the Christian elites, whose judicial formation promised to bear disproportionate fruit among the laity under their actual or eventual care. This dissertation's task is the examination of the ways in which Christians in these environments throughout the Latin West at the turn of the fifth century thought and wrote about justice. I contend that no single influence proved dominant, but that three strands of judicial discourse emerge as significant throughout these sources: that of popular philosophical thought; that of biblical exegesis; and that of reasoning from Roman legal precept and practice. Late ancient Christian rhetoric consciously and selectively deployed these threads to craft visions of justice, both divine and human, that could be treated as distinctively Christian while remaining intelligible in the broader context of the Roman Empire.

Dissertation