Teses / dissertações sobre o tema "Canals of England"

This thesis draws from data collected over thirteen months of fieldwork working with “Boaters”, a boat-dwelling itinerant group on the waterways of Southern England. In the first of three parts, the thesis focusses on the individual motivations (economic, personal and political) behind becoming a travelling Boater, and on how one acquires the requisite skills and knowledge to become part of a community of practice on the waterways. Boaters on the whole do not have a sense of being an ethnically distinct group and, as such, this thesis interrogates what kind of an identity is being created or reinforced when individuals recognise themselves as Boaters. This part further deals with the specific temporal experience of boating (commonly known as “boat time”) that creates a shared experiential pattern between Boaters, and also examines the informal networks of trade, exchange and barter which enmesh Boaters in a web of reciprocal relationships. In the subsequent part, the focus of the thesis widens to take in the boating “community” as it is imagined. It asks how the concept of community is rhetorically constructed and corporately enacted on the inland waterways and identifies the creation of an emic and local conception of community. In the third part, the focus widens further still in order to interrogate the troubled relationships between Boaters and sedentary populations and between Boaters and agents of the State. By looking at Boaters’ different (essentially nomadic) understandings of locality and political organisation, this thesis attempts to more broadly explain the fraught relationship between state agencies and itinerant populations. The thesis concludes that the community of Boaters is constructed through the shared understandings which emerge due to the Boaters experiencing much of their world as being flexible, fluid and unfixed. Boaters are bound by acts of dwelling together on the waterways, acts that emerge from the specific material conditions of boat life, and further from acts of support where Boaters bind together for the security of the group against antagonistic outsiders and the interventions of agencies of the state.

Canals, society and engineered waterscapes. A comparative study between the Veneto region, Catalonia and South - West England. The reorganization and control of water flows are among the most significant transformations of natural elements caused by human activities. Waterways are not only environmental quality facilities, but also linear paths of high cultural value, where, thanks to the interaction between natural element and human intervention, we can identify types of landscape. Today, many researchers consider landscapes not only as the way in which people perceive their own reality, but also as factor of intellectual and material transformation of nature, through which people represent and contend those realities. Water landscapes are preferential testing systems thanks to their delicate and multi-scalar peculiarities, where the collective values are combined with the individual ones and where the concept of artefact merges with the concept of heritage, to blend into landscape. Thus artificial water canals are opportunities to ensure that the water resource and the hydrographic network are sufficiently considered within territorial programs, urban and landscape planning and, more generally, in any type of intervention connected to environmental, cultural, social and hydraulic aspects. Through a comparative study, this survey seeks both to provide a comparison between different geographical areas and to assess how the artificial hydrographic mesh may constitute an opportunity for social and economic development. Canals are elements of a great cultural heritage able to attract visitors and communicate to a wide public the importance of sustainable development through the promotion of a slow and responsible tourism which aims at the preservation both of a places and artefacts. The theoretical and methodological foundations on which this study is based are mainly three. Considering the historical relevance, the geo-historical approach is appropriate to set the foundation knowledge from which to start operative afterthoughts destined to actual needs for efficient management of those ‘bands of conflict' which can be considered the artificial canals (Ciriacono, Cosgrove, Glick, Hoskins, Meinig, Schama, Swyngedouw, Vallerani). Second, we have considered the literature based on the concepts of heritage and cultural legacy which are related to those of memory and value. This literature consequently produced some considerations regarding the concept of heritage protection (Bonesio, Lowenthal, Nogué, Michell, Norberg-Schulz, Turri). Third, we have focused on the epistemological reflection of the term landscape and in particular on the implications the adoption of the European Landscape Convention could possibly have in the future management of the territorial heritage, including the amphibian one and the birth of the Observatories (Castiglioni, Jones, Mels, Olwig, Varotto). This research explores three different case studies: the first one analyses the irrigation ditches outflowing from river Brenta in the middle Veneto plain; second one discusses the importance of building the acequias (open canals) in the formation of the landscape of the Baix Ter in north-eastern Catalonia; The last part considers the Kennet and Avon Canal in England, which is the canal that connects the cities of Bristol and Reading and links river Avon to the Thames. This research presents each case study through the three methodological approaches in order to give homogeneity: the first part offers a geo-historical analysis; the second part focus on the study of heritage, administrative authorities and actors who play a delicate task in conservation and management; the third part investigates the reception of the European Landscape Convention and the formation of observatories as a possible consequence of its application. The results of the study confirm the crucial importance of the landscapes of water in their respective contexts. The importance of water landscapes particularly emerges in the light of new paradigms of regional development and landscape planning which are considered to be more respectful to the quality life of the inhabitants and economically based on slow and green tourism. Moreover the identity value of these landscapes may play a role in relocating culturally and socially these areas subject to numerous anthropogenic impacts (urbanization, hydrological disasters, economic crisis, building trivialization). Another result of this research regards the valorisation if the artificial canals in England which generate generate widespread prosperity in the local population, as well as become an economical and cultural surplus added to affirm areas outside the usual crowded tourist destinations. Finally, the reading of the European Landscape Convention, and especially the study of local observers have witnessed how the role and participation of the people can no longer be just a good practice in the hands of the most sensitive administrations, but a necessary choice to reaffirm some of the values that are the basis for the active democratic adhesion of citizens, who must return the protagonists of territorial planning management.
Canali artificiali, territorialià idraulica e paesaggio. Uno studio comparativo tra Veneto, Catalogna e sud-ovest dell’Inghilterra. Il riordino e il controllo dei deflussi idrici sono tra gli aspetti più significativi della trasformazione umana della base naturale. Le vie d’acqua non costituiscono solamente una pregiata dotazione ambientale, ma altresì dei tracciati lineari di elevato pregio culturale dove, grazie all’interazione tra supporto naturale e interventi antropici, possiamo individuare eloquenti tipologie paesaggistiche. Oggi in geografia molti studiosi considerano i paesaggi non solo come i modi in cui i gruppi umani vedono le proprie realtà, ma anche come fattori della trasformazione intellettuale e materiale della natura attraverso cui tali gruppi rappresentano e si contendo al loro interno e fra di loro quelle realtà. I paesaggi d’acqua sono dei sistemi di verifica privilegiati perché delicati e multi-scalari, dove i valori collettivi si sposano con quelli individuali e dove il concetto di manufatto confluisce in quello di patrimonio per finire in quello di paesaggio. Le canalizzazioni artificiali divengono quindi un’occasione per far sì che la risorsa acqua e la rete idrografica siano posti al centro dei programmi territoriali, dei piani urbanistici e paesistici e, più in generale, in ogni tipo d’intervento in cui interagiscono aspetti ambientali, culturali, sociali e idraulici. Questa indagine cerca attraverso lo studio comparativo di offrire un confronto tra diverse aree geografiche per valutare come la maglia idrografica artificiale possa costituire un’opportunità di sviluppo sociale ed economico. Le canalizzazioni rappresentano un suggestivo patrimonio per comunicare a un più ampio pubblico l’importanza di uno sviluppo sostenibile, per la promozione di un turismo lento e responsabile in grado di preservare luoghi e manufatti dal punto di vista ambientale e culturale. I fondamenti teorici e metodologici su cui si basa questo studio sono principalmente tre. Trattandosi di territori di antico popolamento, l’approccio geo-storico si presta efficacemente a porre le fondamenta conoscitive da cui avviare ripensamenti operativi da destinare alle odierne esigenze per un’efficiente gestione di quelle ‘fasce di conflittualità’ che possono ritenersi i corsi d’acqua artificiali (Ciriacono, Cosgrove, Hoskins, Meinig, Schama, Swyngedouw, Vallerani). In secondo luogo abbiamo considerato la letteratura relativa ai concetti di patrimonio ed eredità culturale, connessi a quelli di memoria e di valore avviando, di conseguenza, alcune considerazioni sulla loro genesi e tutela (Bonesio, Lowenthal Nogué, Michell, Norberg-Schulz, Turri). Infine ci siamo soffermati sulla riflessione epistemologica del termine paesaggio e in particolare sulle implicazioni che l’emanazione della Convenzione Europea del Paesaggio può avere nella futura gestione del patrimonio territoriale, compreso quello anfibio e la nascita degli Osservatori (Castiglioni, Jones, Mels, Olwig, Varotto). Lo studio, per essere maggiormente efficace, è stato diviso in tre diverse sezioni ognuna relativa ad un caso: nel primo abbiamo analizzato le rogge defluenti dal fiume Brenta nell’area della media pianura veneta, successivamente abbiamo discusso l’importanza dell’escavazione delle acequias (canali artificiali aperti) nella formazione del paesaggio del Baix Ter nella Catalogna nord orientale, infine in Inghilterra abbiamo considerato il Kennet and Avon Canal, cioè il canale artificiale che unisce le città di Bristol e Reading e mette in comunicazione il fiume Avon con il Tamigi. Per ogni caso studio abbiamo strutturato tre sub-sezioni per conferire omogeneità alle comparazioni: una prima parte l’abbiamo dedicata ad un approfondimento geo- storico, nella seconda ci siamo concentrati nello studio del patrimonio ereditato, sugli enti amministrativi e sugli attori che svolgono il delicato compito di conservazione, gestione e valorizzazione, per finire, abbiamo indagato la ricezione della Convenzione Europea del Paesaggio nei tre diversi paesi e la formazione di Osservatori come conseguenza possibile dell’applicazione della suddetta Convenzione. I risultati della ricerca confermano l’importanza cruciale che rivestono i paesaggi d’acqua nei rispettivi contesti. Essi risultano evidenti soprattutto se analizzati alla luce di nuovi paradigmi di sviluppo territoriale e di pianificazione paesaggistica maggiormente rispettosi della qualità di vita degli abitanti, di un’economia basata sul turismo lento e green e infine sul valore identitario che questi paesaggi possono svolgere nel ricollocare culturalmente e socialmente queste aree sottoposte a innumerevoli stress antropici (urbanizzazione, disastri idrologici, crisi economica, banalizzazione edilizia). Inoltre è emerso come in Inghilterra il lavoro di valorizzazione dei canali artificiali può generare un benessere diffuso non solo nella popolazione locale, ma addirittura diventare un valore aggiunto economico-culturale per affermare aree fuori dalle consuete affollate mete turistiche. Infine, la lettura della Convenzione Europea del Paesaggio e soprattutto lo studio degli Osservatori locali hanno testimoniato come il ruolo degli abitanti e della partecipazione non può più essere solamente una buona pratica a uso delle più sensibili amministrazioni, ma una scelta necessaria per riaffermare alcuni valori che stanno alla base dell’adesione democratica attiva dei cittadini, i quali devono tornare protagonisti della gestione del patrimonio territoriale.

There are over 3,000 miles of navigable inland waterways in England and Wales, managed mainly by the Canal and River Trust, which promotes their use for various leisure activities. Canals have undergone a radical transformation in their use and purpose, from being important transport links in the 18th and 19th centuries, to largely being left derelict. During the 20th century, however, the canals have been transformed from an obsolete infrastructure into a modern leisurescape used by various individuals, groups and stakeholders. Concentrating on the canals of Northern England and Northern Wales, this thesis focuses on one of those groups on the canals who have not yet received sufficient academic attention, the holiday and leisure boaters. In order to research tourism, a temporary and mobile phenomenon, with the commitment necessary for an ethnographic research, this study develops a methodology, reflexive mobile ethnography that combines the mobilities approach and European ethnology, utilizing semi-structured interviews, participant observation and auto-ethnography for data collection. As no previous academic study has presented a comprehensive analysis of contemporary canal tourism as a lived and embodied experience, the present study extends our understanding of inland waterways tourism and mobilities. Theoretically, the study suggests studying tourism mobilities from the everyday life perspective – mundane tourism mobilities – and the data analysis shows that these are simultaneously material, embodied, temporal and convivial. A number of materialities have to come together in order to constitute mobile assemblages that make canal travel possible. These assemblages, such as boat-humans, move in the temporal canalscape, characterised by its specific – slow – tempo, but also engaging with the past in embodied ways. Furthermore, the canal temporalities are characterised by mundane socio-natural and socio-bodily rhythms, which are identified in the thesis through the rhythmanalysis of the leisure boating everyday life. The material and temporal practices of boating take place in the context of social interactions and their closer examination helps to redefine the boundaries of a canal boating community. This study therefore presents an analysis of the canal leisurescape where the human and non-human form various co-agencies and assemblages, experienced in embodied ways in the context of mundane tourism mobilities. The latter framework, as developed in this thesis, constitutes a theoretical contribution to mobilites studies by proposing to research tourism from the perspective of everyday life focusing on three key elements: time, place and practice. The work will therefore extend existing understanding of tourism mobilites, particularly in the ways in which they relate to embodied everyday life practices.

This thesis examines the factors that contribute to the bail decision-making process in English and Canadian courts. Despite the fact that bail contributes to rising prison remand populations, influences the lives of legally innocent defendants, and is central to assessments of human rights, very little is known about this process. England and Canada were ideal jurisdictions with which to explore this issue as that their similar bail laws and divergent practices related to pre-trial custody reflected different patterns of bail decision-making. This research took place when Canada’s prison remand rates had been increasing over several decades and England had one of the lowest prison remand rates in the Western world. The objectives of the study were to identify the factors that contribute to bail decision-making, investigate how they converged and diverged between jurisdictions, understand the impact of the decision-making at the local level, and explore how the findings contribute to an understanding of the bail decision- making process in a wider context. It is argued that court culture is central to understanding bail decision-making but that it is shaped by broader views that are specific to the criminal justice processes in England and Canada. These views relate to values that developed in each jurisdiction as a result of the evolution of criminal justice ideology and guiding philosophies over time. The influence of these informal factors on the bail decision-making process were facilitated by the discretion afforded to court actors in their application of formal laws and policies, which enabled them to balance multiple competing principles whilst, in the main, remaining within the prescribed legal framework. This suggests that the factors contributing to bail decision-making are nuanced, varied, and interdependent and, as such, should not be examined individually but rather in terms of their interactive effects.

This thesis examines various aspects of English and Canadian charity law in terms of their relationship with the contested categories of ‘public law’ and ‘private law’. It argues that the law of charities can be regarded as a hybrid legal discipline in both a general or categorical sense, and in the context-specific or functional sense that both the conditions for obtaining charitable status, and the regulation of the conduct of charities and their trustees, are continually being adjusted in such a way as to maintain in a broad sense a functional equilibrium between individual project pursuit and collective project pursuit; that is to say, an equilibrium between the protection of the autonomy of property-owning individuals to control and direct their own wealth, and the furtherance of competing public interests or visions of the good. After sketching out the history and nature of the common law charities tradition and the contemporary English and Canadian regulatory regimes, the thesis pursues its analytical and comparative hypotheses by examining two important features of English and Canadian charity law, the public benefit doctrine and the rules of locus standi that determine who may seek relief for misapplications of charity property. It then addresses the comparatively modern issue of the governmental co-optation of charitable resources, considering to what extent modern pressures associated with the retrenchment of welfare states threaten to destabilize charity law’s hybrid equilibrium in EW and Canada. The thesis then turns to the emerging phenomenon of social enterprise, arguing that shifts to charity law’s functional equilibrium may explain the emergence of this ‘post-charitable’ legal form. The thesis concludes with some observations on the hybrid nature of the law of charities, and on the different functional equilibriums between individual project pursuit and collective project pursuit that have been reached by English and Canadian charity law.

Interannual variability of temperature and cyclone frequencies for Eastern Canada and the New England States have been investigated for the winter seasons 1931-32 to 1984-85. Seasonal analyses have revealed that cyclone frequency has decreased by 21% over the research area; the highest losses occurring over the Maritimes and the New England States (30%) and in the southern Quebec-southwestern Ontario region (31%). The seasonal average temperature has remained fairly stable during the research period. However, the Temperature Variability Index (TVI) suggests that the interannual variability of temperature has been through some changes since 1931-32. The latest shift indicates that, since the early seventies, the temperature variability appears to be increasing during the winter season. Half-month periods were analyzed which revealed some features of the climatic variability during the winter season since 1931-32. Average temperature for the first 15 days of January recorded a significant decrease over the last 54 years. On the other hand, the last half of February presented a general increase in temperature. Parallel to that, the last half of January and the first 15 days of February have recorded substantial decreases in cyclone frequency. Thus, these half-month periods reveal trends which indicate that the overall winter season of the mid-seventies--early eighties differs from the prevailing winter climatic conditions of the thirties and forties.

Thesis advisor: Owen Stanwood
Making Nations: The Northeastern Borderlands in an Age of Revolution, 1760-1820 examines migration within northeastern North America, and the gradual formation of a meaningful border between the District of Maine and the Province of New Brunswick. The American Revolution, though it divided the northeast between New England and British North America, did not fundamentally change attitudes toward the borderland. For decades, the region had been a special sort of frontier – a more connected frontier, offering migrants from southern New England better access to Atlantic trade. The post-revolutionary era rapidly reverted to pre-war patterns, as settlers crossed a largely meaningless border looking for fertile land and economic connectivity. These settlers, I argue, were not late loyalists, choosing British territory, or early republicans, choosing the U.S. This was one migration, to the borderland and the similar opportunities on both sides. So how did migration within a shared borderland become immigration across a meaningful border? Post-revolution, both Congregationalists and Catholics began to build networks in Maine that stopped at the border. A Congregational missionary society, the Society for Propagating the Gospel Among the Indians and Others in North America, realized it could secure state funding from Massachusetts by advertising itself as a tool for managing the growing settlements in Maine. State money helped the society grow rapidly, and as similar groups formed they chose to join the pioneer society as partners rather than compete with it. Meanwhile, Congregational women created institutions called “ladies cent societies,” which provided a massive infusion of funding into the system. The resulting Congregational network grew to encompass almost the entire American half of the borderland. At the same time, a Catholic network also grew in Maine, connecting the Catholic Passamaquoddy and Penobscot people to Boston, as well as to Irish Catholics along Maine’s coast. As these networks grew they changed eastern Maine from a place that was attractive because of its connections with British North America, to a place that was attractive because of its connections with New England. These networks made the border meaningful – and immovable. Though politicians on both sides persisted for years in believing they could still adjust the border, they were wrong. It had already taken root
Thesis (PhD) — Boston College, 2019
Submitted to: Boston College. Graduate School of Arts and Sciences
Discipline: History

This research project investigates issues arising with regard to ‘the best interests of the child’ in resolving family relocation disputes through courts or settlement in England and Wales, and in Canada. Social science and socio-legal findings, statutes, and leading cases which form the normative background to decisions in this field are reviewed. The main line of enquiry is through a qualitative and comparative study with lawyers and ADR practitioners working with disputing parents. Findings from lawyers’ interviews support findings in other studies: adversarial proceedings, although leading to a resolution are emotionally and financially demanding, and risk exacerbating conflicts with a possible knock-on effect on children. Although ADR such as mediation is presented as an option, litigation is almost inevitable due to parents’ polarised positions. ADR practitioners mention challenges with these disputes due to the distance between parents on the issue of relocation. A majority of mediators report taking a pro-active approach. ADR models incorporating such an approach are reviewed. A secondary line of inquiry is through a comparative case analysis of appellate decisions in the same jurisdictions. Broad-based and open-ended multifactorial court guidelines now operate in England and Wales while in Canada such an approach has been the norm for nearly 20 years. Analyses of provincial appellate cases in Canada reveal variation in approaches on some factors in the Supreme Court of Canada guidelines. This is in line with Canadian critiques which point to the lack of predictability in court decisions. A review of questions and presumptions as guidelines lists advantages of the latter within a statute such as currently exists in British Columbia. A relational approach to the best interests principle is also discussed. It is argued that to support the best interests of the child, both process and substantive law need to be considered in deciding relocation disputes.

Corporate insolvency law reform in the mid 80's in the United Kingdom and the early 90's in Canada and Australia resulted in the introduction of new statutory regimes directed specifically towards facilitating the rescue of financially troubled companies or parts of their businesses. The Administration Order Procedure and Company Voluntary Arrangements in the U.K., Business Proposals in Canada and Company Voluntary Arrangements in Australia joined the ranks of Receivership under a Floating Charge, and the little used Statutory Compositions and Schemes of Arrangement. Thus, today it is usual to attempt to rescue or rehabilitate a company prior to subjecting it to a terminal insolvency regime. Since the procedures, in particular the new, seek common goals there is a great degree of similarity amongst them. This thesis begins by tracing the history of the law of corporate rescues and how the various aspects of a rescue developed from the mid nineteenth Century to the present day. It identifies several common aspects of a corporate rescue. Every aspect is conmion to at least two regimes. It then examines, in detail, the manner in which each aspect is dealt with under each procedure. This detailed analysis discloses important differences which, it is submitted, affect the relative success or failure of the procedures. It is examined whether or not each rescue regime addresses every aspect of a rescue efficiently and whether any procedure could benefit from the experiences of the others. In conclusion it is determined whether, in the light of available empirical evidence on the use these rescue procedures in Australia, Canada and England, each regime eventually achieves or has the potential to achieve the objective of a corporate rescue.

Examining Canada and Britain from 1990 to 2004, the thesis explores how the surge in minority nationalist agitation that occurred in Quebec and Scotland changed the political environment in Canada (outside Quebec) and England allowing regional elites to advance political agendas which mobilized regional and national identities. The thesis considers the role of democratic institutions at the regional level in shaping political demands through a comparative study of regional and national identity mobilization in Nova Scotia and the North East of England. The analysis contends that the relationship between minority and majority nations is dialectical; nationalism stems from fundamentally different interpretations of the state and is not the ‘fault’ of either nation. Using this claim as the basis for analyzing elite debate at the centre and in the regions, the dissertation systematically examines regionalism within the majority nation by investigating debates at the national and regional level. The work looks at parliamentary debates, campaign material, newspaper accounts and elite interviews; and as identity mobilization and political debates are targeted at the electorate, survey analysis is undertaken to see whether elite debate resonated with the masses. The thesis demonstrates that regionalism is a component of the ongoing (re)conception of nation within the majority nation, and that during periods of strong minority nationalist agitation, a political environment is created which allows elites in the majority nation to mobilize national and regional identities. Regional identity mobilization is shown to be part of the nationalism of the majority nation; as the dominant conception of the state within the majority encompasses the minority nations as co-nationals and equal citizens, regional elites are able to use the minority nations as examples of successful agitation without subscribing to their interpretations of the state. Regional levels of democracy did not alter the nature of regionalism in either state and though the demands issued may have been different, the underlying concerns were the same: a lack of voice and efficacy.

This socio-legal thesis explores the highly topical and underexplored issue of the legal regulation of gay and lesbian collaborative co-parenting in England & Wales, drawing on British Columbia (Canada) as a jurisdiction where this issue has been considered in more detail. These families involve reproductive collaborations between single or partnered lesbians and gay men where a child is conceived through assisted reproduction and each of the adults remain involved in the child’s life. Collaborative co-parenting can take a variety of forms, each of which is distinguishable from gamete donation or surrogacy because each of the adults continues to exercise some sort of parental role in relation to the child. Since the adoption of the UK Human Fertilisation and Embryology Act 2008, it has been possible for two female parents to appear on a child’s birth certificate following birth and for two male parents to be registered following a court parental order. The UK parliament has not, however, gone so far as to allow more than two parents to be legally recognised. This contrasts with the approach in British Columbia, which allows three parents to be registered on the birth certificate in cases of same-sex parenting involving assisted reproduction. In both Canada and the UK, however, courts have struggled to balance the interests of those involved in these collaborative co-parenting arrangements with varying degrees of success. This thesis combines detailed, comparative doctrinal analysis with a series of case studies of collaborative co-parenting families gathered from in-depth interviews with co-parents and legal professionals in Canada and the UK. In doing this, a typology of collaborative co-parenting families is advanced. The conclusion the thesis draws from this is that gay and lesbian collaborative co-parents are not an homogenous group and the law’s adherence, in England & Wales, to a one-size-fits-all, dyadic approach to parenthood based on the intimate couple does not adequately reflect the needs of the adults in this situation nor what is in the best interests of the child. One of the key findings to emerge from this study and the typology of collaborative co-parenting it advances is that the legal framework in England & Wales risks overlooking the interests of gay men who are involved in collaborative co-parenting in its attempt to protect women-led homonuclear families, even where this is not consistent with their agreed role in the child’s life. Therefore, a central recommendation is that any reform to this area of law should move away from a prescribed dyadic parenting model as the basis for regulating parent-child relationships in collaborative co-parenting families. Instead, it should require a careful consideration of pre-conception intentions, recorded where possible in a parenting solidarity agreement.

Healthcare information differs among the United States, Canada and England. Through a critical discourse analysis of fifteen websites on depression from these countries, this thesis reveals how linguistic differences and differences in the websites’ use of visual features persuade readers of the merits of different treatments. The analysis reveals that the trends are complex. However, England’s websites lean more towards talking therapy, the United States’ websites emphasize pharmaceutical intervention, and Canadian websites endorse the use of antidepressants where they mention treatment. These findings are illustrated through a comparison of vocabulary, grammatical, visual and ordering features (building from Fairclough’s 1989 framework). This thesis also reveals that patients from the United States, Canada and England are portrayed as in possession of differing levels of importance in the treatment-decision-making process with physicians. Of particular significance is the Canadian websites’ portrayal of patient deferral to expert physicians. By frequently referencing “your doctor,” using marked grammar for healthcare experts, and providing a reader with limited information on treatment options, Canada’s websites assert a traditional biomedical model of power relations. The patient is secondary to the physician. The United States’ privatized healthcare system indicates that websites from the United States would portray patient input as especially significant. However, it is England’s websites that suggest a high level of patient influence. Stressing patient involvement on England’s websites is perhaps indicative of the NHS’s 2012 constitution, which emphasizes that decision-making should be based on a model of concordance not compliance (Segal 2007). These findings highlight how the different healthcare models of each country might affect the information provided to patients. Above all, this research raises questions about the role of patient information websites, and about the different discursive strategies that subtly persuade a reader to view depression, treatment and their input in decision-making differently. England, United States and Canada all make use of the DSM IV-TR diagnostic criteria and operate under a biomedical model of medicine, but these websites suggest that potentially depressed patients are approached differently in each of these countries.

In South Africa, NICRO started diversion programs in the 1990's which were mainly diversion programs for children in South Africa. NICRO later expanded their programs to include adult offenders. In 1993 the TRC was established to apply restorative justice to crimes committed during the apartheid era.122 In 1996 family group conferencing project which catered mainly adult offenders was piloted in Gauteng areas.123 In 1999 the Restorative Justice Centre with other organizations launched victim-offender conferencing pilot project in all provinces. This pilot project was found to be very effective although in some provinces probation officers reported that they were disadvantaged by the poor level of understanding of restorative justice among both their supervisors, prosecutors and magistrates. South Africa does not have restorative justice legislation for adult offenders the only legislation is the Child Justice Act which was enacted with provisions to entrench the notion of restorative justice with regard to youth. However, restorative justice for adult offenders in South Africa has shown to be growing. South African courts suffused sentencing with restorative justice thinking. Canada was the birthplace of restorative justice in North America where victim-offender mediation was developed in 1974, more than 15 years before South Africa started their victim-offender mediation program. Although this victim-offender mediation program in Canada accommodated mainly young offenders, sentencing circles were set up in the early 1990's which have been used in cases involving a variety of crimes committed by both juvenile and adult offenders. These sentencing circles have demonstrated positive results in assisting victims and offenders find closure and healing in the aftermath of crime. In 1996, the sentencing principles in the Criminal Code of Canada were amended to encourage a focus on restorative elements. It lays the framework for restorative justice in all adult sentencing. In 2011 Canada launched the Integrated Adult Restorative Justice Pilot Project for adult offenders. In 2015 Canada introduced Restorative Justice Act. Both the Restorative Justice Act and the Criminal Code provides for greater availability of restorative justice to both adult and young offenders. While restorative justice for adult offenders in South Africa has shown to be growing, Canada is a world leader in restorative justice both for adult and young offenders. There are currently about 70 different restorative programs available for youth and adult offenders in Canada. New Zealand introduced the Children, Young Persons and Their Families Act which establishes family group conferences as the preferred means of dealing with juveniles as opposed to courts. Adult restorative processes were undertaken through family group conferences. From 2000 a number of pilot programs for adult offenders were established and had grown to nineteen. New Zealand's restorative justice practices for adult offenders were at the same level with the practices in South Africa until in 2002 when the New Zealand government enshrined restorative justice processes in legislation for adult offenders. It has now left South Africa behind. The England and Wales governments have taken restorative justice seriously and as a result, to imbed the use of restorative justice within the criminal justice system, it has produced an Action Plan to develop the use of restorative justice; it introduced presentence restorative justice through the Crime and Courts Act 2013; it included restorative justice for the first time in the revised Victims Code which came into force on 10 December 2013. The main reason was to raise awareness of restorative justice amongst victims of crime.
Mini Dissertation (LLM)--University of Pretoria, 2017.
Procedural Law
LLM
Unrestricted

Training is increasingly required as technology brings wide sweeping changes to the ways in which traditional library activities are administered. The purpose of this thesis was to collect and analyse information on training, on the use of information technology and the training given for it, and how the technology In use has Impacted on training in selected public libraries. Semi structured interviews formed the basis of the data collection on training in the English and Canadian libraries. While concentrating on the types of information technology introduced and hence what training is required, the researcher also uses examples from training programmes covering other issues, or relating to non automated situations, if this elucidates a specific point. Training has become a key activity in public libraries and the interview data establishes this hypothesis. The IT introduced and currently in use in public library systems determines the training offered which in tum impacts on the Individual staff member, the organisation and the library community as a whole. This demonstrates that the introduction of technology does modify the training required. The organisational structure flattens after technology is introduced; the role of middle managers undergoes significant changes while the blurring of job boundaries between different levels of staff dramatically alters the role of paraprofessionals. Other areas where significant changes are taking place include the need for a more highly educated and skilled workforce; whether deskilling has happened; the need for improved interpersonal skills; and the creation of new specialist positions. IT stresses a team not an individual approach and training needs to reflect this. Further it is demonstrated that using the technology itself for training is on the increase: CBT (Computer based training) can be used for a wide range of repetitive tasks, particularly those associated with the circulation desk and be used with simulations in management situations.

Mid-Late Triassic-age alkali-basalt dikes were emplaced along the coast of New England between 240-200 Ma. Known as the Coastal New England (CNE) magmatic province, this dike swarm is the immediate magmatic predecessor to the formation of the Central Atlantic Magmatic Province large igneous province at 201 Ma and the breakup of Pangea. The intent of this study is to determine the melt source and mechanisms for melting which produced the Triassic coastal dikes. To achieve this goal, major and trace element compositions were analyzed for 53 CNE dikes from Maine and Nova Scotia. Radiogenic Nd-Sr-Pb-Hf ratios, representing some of the first 176Hf/177Hf data for CNE, are reported for 12 of the dikes. Taken together, the compositional data implicate melting of a deep mantle source that is relatively enriched in incompatible elements, such as a mantle-plume similar to those hypothesized as the source of melting in modern ocean-island basalts (i.e. Hawaii). Dike compositions are inconsistent with melts generated at typical spreading-center ridges (i.e. MORB). Modeling suggests that CNE melts ascended through thick continental crust, consistent with the incipient stages of rifting of Pangea, as evidenced by a heterogeneous mix of melting and crystallization depths, between 0-70km, with no clear geographic pattern. Radiogenic isotope data are relatively consistent and represent a mixture between HIMU, EMI and DMM mantle reservoirs, implying component consisting of relict subducted oceanic crust (or other similarly evolved material). CNE magmatism may have contributed to the breakup of Pangea by destabilizing the lower crust in the limited local area where it erupted, but its true relationship with the breakup of Pangea and later CAMP event requires more study.
Master of Science
Approximately 200-250 million years ago, hundreds of sheets of lava, called dikes, erupted along what is today the coast of New England. As these volcanic dikes rose up from the Earth’s mantle, they traveled along cracks and weak areas of the Earth’s crust. Today, these dikes are found along the New England coast as far south as Rhode Island and as far north as Nova Scotia, Canada. Based on the similarity of their geochemistry and petrology, as well as their geologic age and geography of their eruption, geologists group these dikes and similar volcanics together as a single, related magmatic event. This magmatic event produced the Coastal New England (CNE) magmatic province. 250 million years ago, the coast of New England was actually an interior part of the supercontinent known as Pangea. Around 250 m.yr. ago, Pangea slowly began rifting apart, which is when CNE volcanism began. By 200 m.yr. ago, Pangea had broken up, and CNE volcanism had ended. Further complicating the story, a large-igneous province (LIP) also erupted 200 m.yr. ago. Known as the Central Atlantic Magmatic Province (CAMP), this volcanism consisted of enormous volumes of lava that flooded over the entire east coast of the United States. The intent of this study is to determine what geological conditions led to the CNE volcanism. By learning which part of the Earth melted and why, CNE volcanism’s role in the breakup of Pangea, and the much larger CAMP eruptions that coincided with it, will become clearer. For instance, did the geologic events that resulted in CNE volcanism contribute to the breakup of Pangea, or did the breakup of Pangea cause CNE volcanism followed by CAMP volcanism? To achieve this goal, the geochemical compositions of 53 CNE dikes from Maine and Nova Scotia were analyzed. Radiogenic Nd-Sr-Pb-Hf ratios for a subset of the dikes (12) were also analyzed. This study presents some of the first radiogenic hafnium data for rocks from CNE. The data indicate that the melting which produced the CNE dikes began in the deep mantle, similar to the melting of mantle plumes beneath modern ocean-islands such as Hawaii. In contrast, shallow mantle melting, like the melting at mid-ocean ridges where oceanic crust is produced, is not consistent with the geochemical evidence presented for CNE in this study. Modeling suggests that CNE magmas rose through thick continental crust, which caused them to begin forming crystals at relatively high depths. Radiogenic isotope data suggests that part of the mantle that melted was old, recycled oceanic crust or similar mantle material. CNE magmatism may have contributed to the breakup of Pangea by destabilizing the lower crust in the limited local area where it erupted, but its true relationship with the breakup of Pangea and later CAMP event requires more study.

This thesis focuses on contemporary institutional and societal responses to the rising profile of inner-city youth gang violence to provide a recognition centred account of the retributive turn apparent in contemporary youth penal justice. The discussion is informed by the institutional determination that the inner-city gang youth belongs to a violent minority of serious offenders for whom penal administrators reserve their most punitive sanctions. Surveillance has become normalised as part of institutional aims to curtail this violent minority. In this pursuit, policing authorities are guided by an authoritative stereotype of the inner-city as a place apart, a place characterised by deviance. I seek, therefore, to explore how the focus on punitive sanctioning privileges curtailment goals ahead of concerns about dignity and respect, thus undermining the conditions of agency for the inner-city youth, in general. The analysis emphasises that relations of disrespect undermine the conditions of agency for inner-city youth as social agents. I argue this is made possible through policing surveillance practices which disrespects youths' rights and dis-esteems youth culture. To elucidate on these claims I rely on data gathered in inner-city communities in two jurisdictions: London, England and Toronto, Canada. I acquired this data through semi-structured interviews with advocates who work in the inner-city, with inner-city youth, in a civil society capacity. This data is evaluated alongside youth legislative material from both England and Canada.

This study investigates the ownership and leasing of plots of land by women in four regions of England throughout the nineteenth century including Oxfordshire and surrounding counties (agricultural); West Yorkshire (industrial); London (the metropolis); and Durham ( mining). Innovative research was linked to standard econometric analysis utilising a new source of information about land, namely the books of reference produced by the railway companies. These books had unique advantages, particularly as legal documents scrutinised by Parliament and the public. Information was compiled about 23,966 plots including their uses and details of ownership, leasing and occupation; with a minimum sample of 400 plots per region, per decade. The women were recorded when identified in the documents as owners, lessors or lessees. The study compares the uses of plots with a woman owner or lessee with plots owned by men or institutions. The influence of parish characteristics and the roles of common law and equity on women’s plot ownership are considered, especially the effects of the Married Women’s Property Acts of 1870 and 1882. On average women owned 12.4 per cent of the sampled plots and leased 3.8 per cent, with regional variations. Plot usage and location were important at regional and parish level with women adapting their ownership to local economic conditions. Differences were found between the uses of women-owned plots and those owned by men and institutions. The greatest percentage of women-owned plots everywhere were owned or leased by women with no male or institutional co-owners. There was a multi-regional, long-term time trend towards a greater involvement of women in plot ownership during the century, with a spike in women’s ownership in Yorkshire and London during the Railway Mania. The Married Women’s Property Act of 1870 reduced women’s ownership of plots in every region except London, whereas the 1882 Married Women’s Property Act had mixed effects across the regions. Overall, the research challenges the view that legal and social constraints confined women’s ownership of land to wealthy widows and spinsters and shows that ownership was far more widespread than has been supposed.

The purpose of this thesis is to examine third party loss in a number of jurisdictions. Third party loss is the loss suffered by persons not party to a contract as a result of the violation of a contractual obligation. Compensation poses a problem when the violation is careless as opposed to intentional and the loss that is caused is purely economic. The starting point of this work is German law where, in order to protect third parties, two contract-based mechanisms have been judicially developed, because the law of delict, based on a system of restrictively enumerated, statutory delicts, provides no protection for pure economic loss. The two mechanisms are Drittschadensliquidation and contract with protective effects vis-á-vis third parties concerns the violation of protective duties which do not concern performance, affecting personal, property, and/or financial interests of the third party not related tot he performance. The mechanisms were developed mainly in the course of the present century and have expanded to numerous applications, for instance: indirect agency; expert opinion, including valuators' and auditors' liability; attorney liability; liability for services, works, medical treatment. The mechanisms, debated vigorously by theorists, are remarkable examples of judicial law-making. The mechanisms of German law, their applications, the theoretical bases, the relationship between them and the judicial activism that led to their formulation are presented and analysed. In Greek law, where the law of delict is based on a general clause and not on enumerated delicts, protection in delict for pure economic loss probably exists. Therefore, as in a similar system, that of France, third party loss is not a distinct, pressing problem. On the other hand, there are certain doubts whether delictual protection is certain or whether it is the best option. Thus the possibility of contractual solutions is worth examining, even if only to reject their relevance to Greek law. In American law, in comparison to other common law jurisdictions, more efficient protection for third parties exists. The third party beneficiary rule, a contractual mechanism to confer benefits to non parties, has expanded impressively. Moreover, liability in tort for pure economic loss is more extended than elsewhere in the common law world but, nevertheless, is substantially deficient. It is argued that contract could expand to cover cases of third party (pure economic) loss and that this is the most viable and preferable way for improvement. Despite the existence of a general clause in delict and the jus quaesitum tertio (a means to confer benefits on non parties by contract), Scots law is seriously handicapped in dealing with pure economic loss cases due to the influence of English law. It is argued that the Scots law of pure economic loss is not identical to English law and that reform by increasing the role of the contract is desirable and manageable, provided the necessary judicial determination is present. Among Commonwealth major systems, Canadian, Australian, New Zealand and English laws, the latter stands as an exception, clinging to traditional doctrines and applying, with few exceptions, an exclusionary rule to pure economic loss claims. In the other jurisdictions, otherwise so closely connected, the law is distinctly different. It is difficult to evaluate this different approach to pure economic loss. Commonwealth systems should also contemplate reform tending towards encouraging contract-based approaches. Most likely, this reform will require more than judicial law-making. The conclusion focuses principally on the desirability of an increased role for contract in third party loss cases, on the advantages of a more unified civil liability system - a system with greater intechangeability between contract and delict - and on the importance of judicial assertiveness in the process of keeping the law up-to-date and responding to new social needs.

An original bilingual (Gaelic-English) collection of vocabulary, nomenclature and terminology relating to shinty and hurling, with reference to other stick and ball games is included as the first element. The sources consulted in Scotland, Ireland, Canada and Australia provide the first synthesis of material available about shinty in the nineteenth century across four Continents. Shinty is set in its historical context, examining the evidence, literary and oral, in both Gaelic and English, linking the game to other sports and cultures. A source-based approach is used to produce an analytical and innovative examination of the importance of shinty in its pre-regulated era, principally in terms of New York celebration. The game is examined in a specifically cultural context detailing how it changed during the nineteenth century with its fluctuating fortunes in rural and urban environments compared and contrasted over time. "Shinty in Glasgow" details the historical provenance of shinty in the Gaelic capital of the Highlands; "Shinty in England" details the precise nature of the game beyond Hadrian's Wall; "Shinty in the Americas" has as its focus shinty's influence as cultural anchor in Canada, and the apparent progenitor of ice hockey; "Shinty in Australia" breaks new ground, disproving the current mythology surrounding the game in Australia, examining the extent to which shinty survived as part of the cultural baggage taken by Scottish emigrants in the nineteenth century. Two chapters on the modern game analyse the effects of World Wars and economic/demographic change on the game and assess the links which existed with the Irish game of hurling at a number of levels. Revisionary conclusions are offered about the extent to which shinty was played as a game in the nineteenth century; how it was played across Scotland and an assessment made of the legitimacy of the game's traditional claim to be "Scotland's national game".

The world is plagued by a daunting array of interrelated environmental crises, economic instability and social injustice. In order to mitigate these issues for present and future generations we look towards the concept of sustainable development (SD) and hence education for sustainable development (ESD) which supports SD. In this qualitative study, participants from varying roles in Canada, England and Australia were interviewed to determine their perceptions and understanding of current practices, successes, drivers and barriers of ESD and changes over time. The progress of ESD in these three countries was compared and contrasted to discover that although they use different terms to describe the work, and have different structures and sociopolitical situations, there was much agreement about what has been accomplished and what needs to be done. Strong leadership, government policy, financial and staff support were seen as drivers, while lack of time and commitment were seen as barriers.

碩士
東吳大學
會計學系
91
At present, due to the difference in the type of financial institutions (public bank, private bank and local agriculture society and cooperative etc.), there is also variance in the financial supervision institution of our country. In addition, as the authority limit of the supervision is not the same as the authority limit of administration sanction, therefore the function of finance supervision cannot be sufficiently and efficiently brought into full play. As a result, it is necessary to integrate the present finance supervision system so that the official duty can conform to the responsibility. In addition, due to the continual change of technology and added with the diversity and complexity of the present finance business, the traditional finance system may not be able to handle the modern finance business. Therefore it is necessary to provide improvement to various supervisory measures or to bring in new form of finance supervision system so as to achieve uniformity of finance supervision and finance inspection. If the following matters can be enhanced, the reform work of the finance supervision can be more complete： 1. Protect the rights and interests of consumers Establish a consolidated institution with special responsibility for consumers to process complaints so as to respond to the trend of congregation of finance service. Facing with different finance consumers, what kind of rights and interests maintenance should be provided would also be the focal point that finance supervision institution should pay attention to. 2. Evaluate the function of finance supervision “Principle of payment by user” has already become the trend of divisional ownership of finance supervision cost. Payee should have the right to request for supervision quality and function. If the special responsibility institution can audit the operation condition and the effect of the finance supervision management fund and can provide supervision companies with related measures like counseling obligation etc., it will enhance the function of the finance supervision of the special responsibility institution. 3. Revision of regulation Finance supervision is the common responsibility of government supervision institution and finance institution, therefore the enhancement of the role of direct supervision by the government in the Banking Law and the self discipline of the finance institution itself should also be clearly stipulated in law. In regard to the financial institutions at a base level, serious consideration should be given to the problem of its existence or abolishment. If there is necessity of existence, then revision on related regulation should be augmented, minimum capital amount shall be increased and there should be capital applicability standard. As a result, the establishment of base level finance institution and operation standard can be progressively advanced to the scale of commercial bank. In addition, the authority limit of supervision and capability of local supervision institution can be enhanced. 4. Revise the system of utilizing talent If professional people with experience can be employed and the on-the-job training and pro-vocational training can be strengthened and if mutual transfer method can be stipulated with other department providing them with more favorable terms, may be superior talents will be willing to stay to participate in the finance management to serve at the finance supervision system. 5. Enhance self supervision of finance supervision “Safety & Stability” is the highest principle of bank operation and is the major official duty of the board of director and high-level management department of the finance institution. An effective monitoring management department is the first and is also the most important defense line to prevent occurrence of potential problem. In addition, it relies on mutual cooperation of the capability of audit personnel, independency of audit, appropriateness of audit policy and effectiveness of audit plan etc. 6. Supervision by risk Risk management is not only just an important point of concern by bank operation, it is also the new direction to manage the finance supervision by finance inspector. Therefore, the finance institution should respond to this with a more cautious and stringent attitude by requesting finance institution to establish business operation policy, to strengthen internal operation standard, to establish management information system and to include risk control in the information. In addition, special risk management unit should be established. 7. Enhance company governance standard and improve financial performance Although for some banks, their problem is due to improper internal control or fraudulent behavior, yet what is concealed at the back of the bank crisis is a more serious enterprise problem. If the debtor enterprise cannot be restructured at the same time, the finance reform will be in vain. However, if enterprise can systemize or enhance company governance and morale standard, it can establish and enhance asset quality. If investors have no confidence on the transparency of the market and enterprise responsibility, the market cannot bring the maximum efficiency into full play. 8. Only with a determined reform action and cost reduction, a rapid economic recovery can be stimulated Enterprise and financial group should be strongly restructured and bank with serious and improper operation should be urged to withdraw from the market so that this malignant tumor can be eliminated. The transparency of the finance and operation of enterprise should be improved and the self-owned capital percentage should be increased. Enterprises are requested to focus on their core business and to reduce diversified operation. In addition, the supervision authority and the responsibility of large shareholders and operators of enterprise should be enhanced. Especially when the government is driving reform again, the government should manifest its decision and decisiveness to eliminate all barriers and to conduct its implementation thoroughly and this is the most important key for the success of reform. 9. Government support should be sufficient to root out problem and to re-establish the confidence of the market When the government is putting in capital, it should not be utilized to mitigate the difficulty of shareholder solely as it is necessary to supervise the reform result of the operation level. The purpose of mitigation of difficulty is to allow the loss apportionment to be transparent and to reduce the burden of taxpayer and to provide a tempting factor of capital investment from the private sector. 10. Full cooperation by disregarding what the political party is will be the most key factor of success in finance reform When blocking the reform due to the selfishness of one political party, it will bring more disaster to people. Various political parties should group their strength together to solve problem. 11. Speed up connection with international standard Active participation in international finance organization so as to master the new trend of international finance supervision. Accelerate the speed of training finance supervision talents and establish good finance supervision structure in order to meet the challenge brought by frequent changes of the finance market.

Bien que la juridiction inhérente des cours superIeures constitue une notion souvent utilisée par les tribunaux au Canada, plusieurs facettes importantes de cette notion demeurent inconnues et incomprises. Le présent mémoire s'attarde à retracer l'origine et les fondements des pouvoirs inhérents afin d'en expliquer la constitutionnalisation dans l'ordre constitutionnel canadien contemporain. Pour ce faire, nous avons retracé l'essence des pouvoirs inhérents au moyen d'une démarche historique afin d'énoncer une théorie constitutionnelle cohérente des pouvoirs inhérents qui permettra de juger du bien-fondé de leurs nombreuses manifestations contemporaines. L'enchâssement de la juridiction inhérente dans la Constitution canadienne repose sur le statut, la nature et les caractéristiques uniques des cours supérieures. Plus particulièrement, le principe constitutionnel de l'indépendance judiciaire constitue le fondement contemporain de la constitutionnalisation de la juridiction inhérente. Cette constatation permet alors d'avancer l'idée selon laquelle les pouvoirs inhérents nécessaires au maintien de l'indépendance judiciaire des cours supérieures doivent être élevés au rang de normes constitutionnelles supralégislatives.
The inherent jurisdiction of the superior courts is frequently used by the courts in Canada. However, many of its major aspects are still unknown or misunderstood. This paper tries to identify the origins and foundations of the inherent jurisdiction to explain its constitutionalization in contemporary Canadian constitution law. To achieve this purpose, we retrace the essence of the inherent powers by way of an historical approach. This allows us to construct a coherent constitutional theory of the inherent jurisdiction which will be useful to evaluate the legitimacy and appropriateness of its manifold modern uses. The constitutionalization of the inherent jurisdiction rests on the unique status, nature and characteristics of the superior courts in Canada. More specifically, the constitutional principle of judicial independence is the modern foundation of the constitutionalization of the inherent jurisdiction. This assertion allows us to advance the idea that the inherent powers needed to maintain the judicial independence of the superior courts must be elevated to the level of supralegislative norms.
"Mémoire présenté à la Faculté des études supérieures en vue de l'obtention du grade de maître en droit". Ce mémoire a été accepté à l'unanimité et classé parmi les 10% des mémoires de la discipline. Commentaires du jury : "Le mémoire apporte un point de vue fort éclairant sur un sujet difficile et peu exploré sur un mode systématique".

This thesis appears to be the first academic recognition of the public trust doctrine at Canadian common law. Surprisingly, despite the explosion of the doctrine in the United States, there has been little consideration of the doctrine by Canadian courts and only one Canadian article on the subject. To date, Canadian interest in the doctrine has been primarily statutory. In essence, the public trust doctrine means that despite its ownership of natural resources, the government holds certain resources, such as navigable waters, on trust or in a fiduciary capacity for the public. The origins of the doctrine are somewhat vague, but can be traced back to Roman law and the English public rights of navigation and fishing. A review of these public rights reveals that at both law and economics, certain resources are "special" and inherently public in nature. A long and dusty trail through Canadian law reports reveals that Canadian courts have recognized a public trust with respect to navigation and fishing as well as highways. Although the public trust concerning navigation and fishing has lain dormant since the late nineteenth century, the distinctive features of the public rights of navigation and fishing which led both American and Canadian courts to declare a public trust, have been mirrored in Canadian law. Coupled with the initial Canadian recognition of the public trust, the foundations therefore exist for a modern common law revival of the public trust doctrine in Canada. The likely consequences of recognition of the public trust at Canadian common law are : (1) the recognition of a substantive right, and therefore legal standing, in members of the public to vindicate public trust interests; (2) the imposition of an affirmative fiduciary obligation on government with respect to trust resources; (3) the imposition of an administrative process on government with respect to supervision and disposition of public trust resources; (4) restrictions on alienation of trust resources, in particular the restriction that legislation is required to modify or extinguish public trust resources and, (5) in an environmental context, recognition of the importance of the natural environment and the special and inter-related nature of trust resources.

With the increasing population heterogeneity and rising tensions in Western nations, the governments of those nations have sought ways to manage conflict between different groups. This often comes in the form of laws criminalizing certain speech, and numerous Western nations have passed bills strengthening sanctions against hate speech or adding previously unprotected groups. However, when the European Union attempted to pass strict hate speech legislation, many EU member states disagreed with its provisions and, due to the structure of the EU, managed to substantially change the resulting legislation. This study examines how proponents and opponents of hate speech legislative change frame the issue and the role the EU.
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Difficult human childbirth is often explained to be the outcome of long term evolutionary hanges in the genus Homo resulting in an‘obstetrical dilemma,’defined as the compromise between the need for a large pelvis in birthing large brained babies and a narrow pelvis for the mechanics of bipedal locomotion (Washburn, 1960). The ‘obstetrical dilemma’ is argued to result in the risk of cephalopelvic disproportion and injury (Washburn, 1960). Current research challenges the premise of the obstetrical dilemma by considering the effects ecological factors have on the growth of the bony human pelvis (Wells et al., 2012; Wells, 2015, Stone, 2016; Wells, 2017). This thesis tests Wells et al.’s (2012) assertion that environmental factors, such as agricultural diets, compromise pelvic size and morphology and potentially affect human childbirth. The skeletal samples examined in this study are from medieval English populations with long established agricultural diets. Bony pelvic metrics analyzed are from the St. Mary Spital assemblage, and demographic and pathological data from St. Mary Spital were compared to the East Smithfield Black Death cemetery assemblage. The results show that there is some evidence for a relationship between chronic stress and compromised pelvic shape and size in both men and women, however the evidence is not conclusive that younger women with compromised pelvic dimensions were at an increased risk of obstructed labour and maternal mortality during childbirth. This suggests that childbirth was not likely a significantly elevated cause of death among younger women in medieval London as a result of cephalopelvic disproportion. The concept of a single obstetrical dilemma is flawed, as multiple obstetrical dilemmas other than cephalopelvic disproportion through pelvic capacity constrains are present, including ecological and nutritional stressors, childbirth practices and technologies, sanitation ractices, and social and gender inequality
Graduate

In third-party litigation funding agreements, funders agree to finance a litigant’s litigation on condition that the funder will deduct a specified percentage from the capital awarded to the litigant in the event of success. In contingency fee agreements, such funding is provided by lawyers. Initially both these agreements were illegal in South Africa and England, but as civil courts became able to counter corruption and abuse – and with the recognition of the need to give more litigants access to justice – both were recognised as legal. Third-party litigation funding agreements by non-lawyers are unregulated in most jurisdictions. As the voluntary self-regulation in England is unsatisfactory, mandatory statutory regulation should be introduced in South Africa. The Contingency Fees Act 66 of 1997 caps the fee to 25% on the capital amount in South Africa. Since no such cap exists in Ontario (Canada), the cap of 25% in South Africa should be revised.
Eka Mintwanano yo nyika nseketelo wa mali eka nandzu wa thedi phati, vanyiki va mali va pfumela ku hakela mali ya nandzu wa mumangali hi xipimelo xa leswaku munyiki wa mali u ta susa phesenteji leyi kombisiweke ku suka eka mali leyi nyikiweke mumangali loko a humelela. Eka mintwanano ya tihakelo ta vukorhokeri, nseketelo walowo wa mali wu nyikiwa hi maloyara. Ekusunguleni mintwanano leyi hinkwayo a yi nga ri enawini eAfrika Dzonga na le England, kambe tanihi leswi tikhoto ta mfumo ti koteke ku kokela etlhelo eka timhaka ta vukungundzwana na nxaniso- na ku anakanyiwa ka xilaveko xo nyika vamangali votala mfikelelo wa vululami- hinkwayo yi anakanyiwile tanihi leyi nga enawini. Mintwanano yo nyika nseketelo wa mali eka nandzu wa thedi phati hi vanhu lava nga riki maloyara a yi lawuriwi eka vuavanyisi byotala. Tanihileswi vutilawuri byo tinyiketa eEngland byi nga riki kahle, mafambiselo ya nawu lama lavekaka ya fanele ya tivisiwa eAfrika Dzonga. Nawu wa Tihakelo ta Vukorhokeri wa 66 wa 1997 wu veka mpimo wa hakelo eka 25% eka xiphemu xa tsengo wa mali eAfrika Dzonga. Ku sukela loko ku ri hava mpimo lowu nga kona eOntario (Canada), mpimo wa 25% eAfrika Dzonga wu fanele wu langutisiwa hi vuntshwa.
Kha thendelano dza ndambedzo dza mbilo ine ya itelwa muthu, vhabadeli vho tenda u badela mbilo ya muthu o no khou itelwa mbilo tenda mubadeli a tshi ḓo ṱusa phesenthe yo tiwaho kha tshelede yo avhelwaho muthu ane a khou itelwa mbilo arali a kunda. Kha thendelano dza mbadelo dzine dza badelwa musi ramilayo o no kunda kha mulandu, mbadelo idzo dzi ṋetshedzwa nga vhoramilayo. Mathomoni thendelano idzi vhuvhili hadzo dzo vha dzi siho mulayoni Afurika Tshipembe na England, fhedzi musi khothe dza mbilo dzi tshi vho thoma u hanedzana na tshanḓanguvhoni na u tambudzwa - na u dzhiela nṱha ṱhoḓea ya u ṋea vhathu vhane vha khou itelwa mbilo u swikelela vhulamukanyi –vhuvhili hadzo dzo dzhiwa sa dzi re mulayoni. Thendelano dza ndambedzo dza mbilo ine muthu a itelwa nga vhathu vhane vha sa vhe vhoramilayo a i langulwi kha vhulamukanyi vhunzhi. Samusi u langulwa ha ndaulo nga iwe muṋe hu ha u tou funa ngei England a zwi ṱanganedzwi, ndaulo ya khombekhombe ya mulayo i fanela u ḓivhadzwa Afurika Tshipembe. Mulayo wa Mbadelo dzine dza badelwa Ramilayo musi o kunda wa nomboro 66 wa 1997 mutengo wawo u guma kha 25% mutengo wa tshelede Afurika Tshipembe. Samusi tshikalo itsho tshi sa wanali ngei Ontario (Canada), tshikalo itsho tsha 25% Afurika Tshipembe tshi fanela u sedzuluswa hafhu.
Private Law
LL. M.

Objectif : Cette étude avait deux objectifs principaux de recherche : de décrire comment les éléments contextuels agissent sur le processus de transfert et de translation des connaissances dans la formation médicale continue (FMC) et le développement professionnel continu (DPC) ainsi que les intervenants de ce processus, et d'expliquer comment ces éléments diffèrent au Canada, aux États-Unis et en Angleterre. Sujets : Des techniques d'échantillonnage raisonné et de boules de neige ont été utilisées pour recruter des participants aux entrevues. Seize participants ont été sélectionnés au final. Méthode : Seize entrevues semi-structurées en profondeur ont été menées en personne ou au téléphone avec les participants sélectionnés, en utilisant un guide d'entretien basé sur la littérature sur le transfert et la translation des connaissances, la formation médicale continue, le développement professionnel continu, et les théories d'apprentissage pour adultes. Résultats : Les participants aux entrevues ont mentionné un certain nombre de facteurs liés au processus de transfert et la translation des connaissances. Ceux-ci ont été répartis en cinq thèmes : La FMC/DPC comme champ et profession, la « business » de la FMC/DPC, la nouvelle orientation de la FMC/DPC, les nouveaux formats utilisés dans la FMC/DPC, et l'impact des éléments contextuels sur les processus de FMC/DPC. Quatre catégories ont été utilisées pour analyser l'impact spécifique des éléments contextuels sur processus de transfert et la translation des connaissances : source, contenu, médium, et utilisateur. Les milieux économiques, politiques, éthiques, réglementaires, socio-culturels et technologiques se chevauchaient tous et étaient reliées entre eux parmi et entre les pays étudiés. En termes de sources de connaissances, les dimensions éthiques et réglementaires ont été particulièrement influentes dans les trois pays, mais particulièrement aux États-Unis en raison de la perspective axée sur les affaires et l'entrepreneuriat spécifiques à ce pays. Le contenu de la FMC/DPC et la focalisation croissante sur la qualité de la FMC/DPC étaient liés à des dimensions économiques, éthiques et réglementaires dans les trois pays étudiés. Les facteurs technologiques, économiques et socio-culturels touchaient directement les médias et les formats disponibles en FMC/DPC dans les trois pays de manière égale. Les aspects éthiques, réglementaires et politiques étaient les dimensions importantes concernant la catégorie d'utilisateurs des connaissances, avec un accent sur les questions de réglementation aux États-Unis et la pression politique en Angleterre. Conclusion : Le processus de transfert et la translation des connaissances en FMC/DPC implique un certain nombre de chevauchement des éléments contextuels qui agissent sur les processus de FMC/DPC spécifiques à chaque pays différemment. Ces éléments de contexte peuvent être considérés à la fois comme des obstacles et/ou come des facilitateurs au processus de transfert et de translation des connaissances. Les résultats de cette étude appuient l'utilisation d'un cadre conceptuel intégratif utilisant des éléments contextuels dans le développement de la théorie du transfert et de la translation de connaissances dans la perspective de la FMC/DPC. ______________________________________________________________________________ MOTS-CLÉS DE L’AUTEUR : Transfert des connaissances, Translation des connaissances, Formation médicale continue, Développement professionnel continue, Apprentissage des adultes, Contexte, Éthique, Réglementation, Économique, Politique, Socioculturel, Technologique

Despite (national) strategies/frameworks for care at the end of life, many patients do not die at their preferred location or under the form of care desired. This cross-country comparison study analyzed system-level characteristics - such as legislation, regulation and financing - that might influence service delivery in the care for terminally ill adults and their implications for outcomes and costs. Drawing on triangulated data from Canada, England, Germany and the United States of America and taking a 'most similar – most different' perspective, it was hypothesized that system-level factors might impede the broader use of (integrated) models of hospice and palliative care/the system-wide adoption of best practices. An embedded case study examined resource utilization and costs of shared care and its role as a potential best practice avenue. While similar with regard to leading causes of death, patient needs and potential avenues to care, different service models were employed – including hospice and palliative care. Generally offered alongside standard care along the disease continuum and across settings - and featuring common elements like physical, psycho-social and spiritual care - outcomes (e.g., access, utilization) varied. Legislative (e.g., jurisdictional), regulatory (including education and training) and financial issues were identified as barriers, as were public knowledge and perception ('giving up hope') challenges. Advance care planning, dedicated and stable funding, population aging and standards of practice/guidelines to care were seen as facilitators. Successful policy implementation requires concerted action to align system-level characteristics – with each alone being essential but not sufficient. Policies need to be monitored and fine-tuned, with a caveat toward their transferability between jurisdictions. The analysis of the shared-care approach in the rural Niagara-West setting revealed effective and efficient home-based hospice and palliative care – on par with per diem funding for long-term care homes and lower than average alternate level of care and hospital costs in Ontario, and in line with the Medicare Hospice Benefits in the United States of America. The thesis results provide a base for further analyses across jurisdictions and settings and might assist decision makers in the allocation of resources to meet the complex needs of hospice and palliative care populations.

During the 1740’s, Hudson Bay went from an obscure backwater of the British Empire to a locus of colonial ambition. Arthur Dobbs revitalized Northwest Passage exploration, generating new information about the region’s environment and indigenous peoples. This study explores evolving English and British representations of Hudson Bay’s climate and landscape in travel and natural history writing, and probes British anxieties about foreign environments. I demonstrate how Dobbs’ ideology of improvement optimistically re-imagined the North, opening a new discursive space wherein the Subarctic could be favourably described and colonized. I examine how Hudson Bay explorers’ responses to difficulties in the Arctic and Subarctic were seen to embody, even amplify, central principles and features of eighteenth-century British culture and identity. Finally, I investigate how latitude served as a benchmark for civilization and savagery, subjugating the Lowland Cree and Inuit to British visions of settlement and improvement in their home territories.

The present study puts forward two models which examine the relationship between at home at school variables of (1) engagement in shared and independent reading and (2) access to print with reading achievement. Participants were fourth grade English speakers from Canada (Alberta, British Columbia, and Nova Scotia), New Zealand, England, and USA. Data from the Progress in International Reading Literacy Study (PIRLS) questionnaires and reading achievement test were used to design the two models, and Hierarchical linear modeling (HLM) was used to analyze the data where students (Level-1) were nested within classrooms (Level-2). The results of the Engagement in Reading Model demonstrate that activities of shared reading at home and at school did not statistically significantly relate or related negatively with reading achievement. Parents helping their children with school readings emerged as the strongest negative predictor of reading achievement in the entire model. However, the relationship between how often participants talked with their families about what they read on their own and reading achievement was positive. Additionally, independent reading at school, reading for fun at home, and reading printed material (books and magazines) at home predicated reading achievement positively; reading for homework did not predict reading achievement; and reading for information and reading on the internet at home predicted reading achievement negatively. The results of the Access to Print Model demonstrate that while access to books and other reading material at home related positively with reading achievement, access to books and other reading material at school did not overall relate to students’ reading achievement. Additionally, access to the library, generally, did not relate to reading achievement; and when statistical significance was found it was not replicated in all or even most of the countries. Based on the results of the present study, it is recommended that fourth graders be given ample opportunities to read books of their own choosing independently at school, and to develop students’ habits and motivation to read for leisure during their free after school time. Additionally, children should be provided with ample access to reading material at home which is geared towards their interests.

This dissertation studies the intersection of knowledge, culture, and power in contested coastal and estuarine space in eighteenth-century northeastern North America. It examines the interdependence of vernacular pilot knowledge and directed hydrographic survey, their integration into practices of warfare and governance, and roles in assimilating American space to metropolitan scientific and aesthetic discourses. It argues that the embodied skill and local knowledge of colonial and Aboriginal peoples served vital and underappreciated roles in Great Britain’s extension of overseas activity and interest, of maritime empire. It examines the maritimicity of empire: empire as adaptation to marine environments through which it conducted political influence and commercial endeavour. The materiality of maritime empire—its reliance on patterns of wind and current, on climate and weather, on local relations of sea to land, on proximity of spaces and resources to oceanic circuits—framed and delimited transnational flows of commerce and state power. This was especially so in coastal and riverine littoral spaces of northeastern North America. In this local Atlantic, pilot knowledge—and its systematization in marine cartography through hydrographic survey—adapted processes of empire to the materiality of the maritime, and especially to the littoral, environment. Eighteenth-century British state agents acting in northeastern North America—in Mi’kmaqi/Acadia/Nova Scotia, Newfoundland and Labrador, Quebec, and New England—developed new means of adapting this knowledge to the tasks of maritime empire, creating potent tools with which to extend Britain’s imperial power and influence amphibiously in the eighteenth and nineteenth centuries. If the open Atlantic became a maritime highway in this period, traversed with increasing frequency and ease, inshore waters remained dangerous bypaths, subject to geographical and meteorological hazards that checked overseas commercial exchange and the military and administrative processes that constituted maritime empire. While patterns of oceanic circulation permitted extension of these activities globally in the early modern period, the complex interrelation of marine and terrestrial geography and climate in coastal and estuarine waters long set limits on maritime imperial activity. This dissertation examines the nature of these limits, and the means that eighteenth-century British commercial and imperial actors developed to overcome them.

Summaries in English and Afrikaans
This study was undertaken because of the realisation that a new approach to teacher education will have to be followed if teachers are to be empowered to teach within the framework of the new educational dispensation, Curriculum 2005. Because such a change implies a new curriculumfor teacher training there is a need for research on how providers will have to adapttheir training approach and curriculum to meet the challeng.es of Curriculum 2005. In this study the development of a model for outcomes-based learning programme design is undertaken. To achieve this: outcomes-based education systems in the USA, Australie, New Zealand, Canada and England are investigated; he unique model of outcomes-based education that is being implemented in Soutr Africa is described and explained; requirements for the training of teachers in the context of outcomes-based education and Curriculum 2005 are identified and described; a model for outcomes-based learning programme design is developed to serve as a possible framework for the design of learning programmes for teaeher education for outcomes-based education in South-Africa. The study shows that outcomes-based teacher education has received only scant attention in the rest of the world. It is also shown that the design of learning programmes for outcomes-based education requires a somewhat different approach than traditional curriculum design, where content play such a dominant role. A model for outcomes-based teacher.education is suggested to facilitate the development of such programmes. It is hoped that the model will be of use and that it will contribute to sensible learning programmes which will empower teachers to function successfully in an outcomes-based education system.
Hierdie studie het ontstaan uit die besef dat 'n nuwe benadering tot onderwysersopleiding gevolg sal moet word as onderwysers in staat gestel moet word om die nuwe kurrikulum, Kurrikulum 2005, op uitkomste- gebaseerde wyse in die praktyk te fasiliteer. Omdat so 'n verandering 'n nuwe kurrikulum impliseer is daar 'n behoefte aan navorsing om te bepaal hoe onderwysersopleidingsinstansies hul opleidingsbenadering en-kurrikulum moet aanpas om aan die eise van die nuwe kurrikulum en die nuwe onderrigrnodel in Suid-Afrika te voldoen. In hierdie studie is daar gepoog om 'n model vir uitkomste-gebaseerde leerprogramontwerp, vir die·opleiding van Suid-Afrikaanse onderwysers te ontwikkel. Om dit te kon regkry is: 'n ondersoek geloods na uitkomste-gebaseerde onderrigstelsels in die VSA, Australie, Nieu-Zeeland, Kanada en Engeland; die ontstaan en ontwikkeiing van die unieke model van uitkomste-gebaseerde onderrig wat tans in Suid-Afrika geimplementeer word, beskryf en verklaar; vereistes vir die opleiding van onderwysers geidentifiseer en beskryf binne die konteks van 'n uitkomste-gebaseerde onderrigrnodel en Kurrikulum 2005; 'n model vir uitkomste-gebaseerde leerprogram ontwikkel wat as moontlike raamwerk kan dien vir die ontwerp van leerprogramme vir opleiding van onderwysers vir uitkomste-gebaseetde onderrig in Suid-Afrika. Hierdie studie toon aan dat uitkomste-gebaseerde onderwysersopleiding nog weinig aandag geniet het in die res van die wereld. Daar word ook aangetoon dat die ontwerp van leerprogramme vir uitkomste-gebaseerde onderwysersopleiding 'n ietwat ander benadering vereis as wat gegeld het in tradisionele kurrikulumontwerp, waar inhoude so 'n dominante rol speel. 'n Model vir leerprogramontwerp vir uitkomste-gebaseerde onderwysersopleiding word voorgestel om die ontwikkeling van sodanige programme te vergemaklik. Daar word vertrou dat die model van waarde sal wees en daartoe sal meewerk dat sinvolle leer-programme antwerp sal word wat onderwysers in staat sal stel om suksesvol binne die stelsel van uitkomste-gebaseerde onderrig te funksioneer.
Teacher Education
D Ed. (Didactics)