Дисертації з теми "Legal relationships"
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1
Bendall, Charlotte Louise. "Gender in intimate relationships : a socio-legal study." Thesis, University of Birmingham, 2016. http://etheses.bham.ac.uk//id/eprint/7034/.
Повний текст джерелаАнотація:
This thesis explores the extent to which the incorporation of same-sex relationships into formal regulatory domains is working to reinforce heteronormativity. It focuses on this issue in relation to the provision of legal advice on civil partnership dissolution. It concentrates on three main questions: 1) How can same-sex relationships, in light of civil partnerships (and, by extension, same-sex marriage), help to challenge social and legal constructions about the gendered nature of roles in intimate relationships? 2) To what extent do solicitors construct the issues and legal framework as being identical in same-sex matters to different-sex cases? 3) How do lesbians and gay men understand and experience the law of financial relief? It is argued that heteronormative conceptions of gender have been carried over from (different-sex) marriage into civil partnership proceedings, and that lesbians and gay men have, to a large extent, been assimilated into the mainstream. That said, civil partner clients have also resisted the imposition of heterosexual norms on their relationship, preferring to settle dissolution matters on their own terms, and opposing substantive financial remedies such as maintenance and pension sharing. In this way, civil partnership dissolution does still pose some novel challenges for family law.
2
Hartwig, Wendy. "Legal status and protection of animals in South Africa." Thesis, University of Fort Hare, 2012. http://hdl.handle.net/10353/515.
Повний текст джерелаАнотація:
The animal welfare legislation that is discussed in this Dissertation is just a sample of the available legislation from the chosen foreign jurisdictions and South Africa. The chosen foreign jurisdictions were chosen as a lens to gain a needed perspective on South African animal welfare legislation. The legislation chosen for discussion falls within particular categories that are discussed fully in the later chapters.i Despite the fact that the animal rights and animal welfare movements are recorded to date back as far as 500B.C, the majority of jurisdictions throughout the world still consider animals to be property that can be bought, traded, hunted and after they are killed, their remains kept as trophies or souvenirs. Within these jurisdictions (which includes South Africa and the other four chosen foreign jurisdictions – Kenya, India, Switzerland and the United States of America) there is a demonstrated lack of proper enforcement of the animal welfare/animal anti-cruelty legislation, regulations and industry rules, which is made worse by the actions of uncaring, abusive and/or ignorant people. South Africa is no better or worse to the four chosen jurisdictions in that it has similar anti-cruelty/animal welfare legislation. The lack of proper enforcement of this animal welfare legislation in South Africa should be of great concern as many studies have indicated that there is a link between animal abuse/cruelty and ‘human’ abuse. The same studies also indicate that animal abusers are at a greater risk of becoming violent criminals or of committing a violent crime. For example, the Federal Bureau of Investigation has noted that most serial killers in the USA had a history of torturing, abusing and killing animals before they moved on to torturing, abusing and/or killing humans in their adult life. Needed changes to the animal welfare legislation and how people view animals should be made in South Africa to ensure that welfare of animals is protected. For example, the Government could educate people about animal welfare in order to overcome any ignorance that may be the cause of animal pain and abuse, as well as strengthening existing animal welfare legislation. The eradication of ignorance, as well as a necessary change in the current animal welfare legislation, will help to create a real change in how people view and treat i Chapter 5 and 6. [iii] animals. People will come to realise that animals exist in their own right and that they were not created to serve or to be exploited by man.
3
Al-Ghadyan, Ahmed A. "The legal relationships under commercial letter of credit : a comparative study." Thesis, University of Edinburgh, 1993. http://hdl.handle.net/1842/20270.
Повний текст джерелаАнотація:
The legal relationships under commercial letter of credit are discussed in this thesis under the United States and the United Kingdom law, with occasional reference to the law of some civil law countries. An introductory overview of documentary letter of credit is put forward in chapter one of this thesis, in which the definition and development of documentry letter of credit, and an illustration of how it operates in an international transaction have been discussed. The thesis is divided into two parts, the first part deals with the relationships between the main parties of documentary letter of credit. Chapter two discusses the relationship between the applicant for the credit and its beneficiary. Chapter three dicusses the relationship between the applicant for the credit and the issuing bank with emphasis on the legal nature of their relationship. In chapter four the discussion is directed to the relationship between the issuing bank and the beneficiary in which a large part of this thesis is devoted to the theoretical analysis of the nature of their relationship. In part two, the thesis discusses the relationships between the main parties of letter of credit and the other participating parties. Chapter five discusses the relationships between the main parties (i.e., the issuing bank (or requesting bank)), the applicant for the credit and the beneficiary - and the intermediary bank (i.e., intermediary - issuer, confirming and advising bank.) Discussed in chapter six are the relationships between the main parties of documentary letter of credit and the holder of the beneficiary's draft whether it is a collecting bank, unauthorized negotiating bank, authorized negotiating bank or discounting bank. The thesis ends with a summary and conclusion.
4
Altizer, Roger Alan Jr. "A grounded legal study of the breakdown of modders' relationships with game companies or legal threats shake moral beds." Thesis, The University of Utah, 2013. http://pqdtopen.proquest.com/#viewpdf?dispub=3563390.
Повний текст джерелаАнотація:
This dissertation utilizes law and society research, as well as communication advocacy, to frame analysis and offer an extra-legal solution to conflicts between modders, fans who create new content from existing videogames, and game companies. It utilizes grounded theory and the traditional legal adversarial documentary method to abstract and analyze conflict caused by a cease and desist (C&D) letter sent to Kajar Laboratories concerning Chrono Trigger: Crimson Echoes – Kajar's mod to Square Enix's Chrono Trigger. Through qualitative analysis of websites, forum posts, and blog comments about the C&D this dissertation discovers the grounded theory Legal Threats Break Moral Communities. Utilizing the grounded theory and legal argumentation a critique is made of proposed legal solutions. A nonlegal solution to ameliorate future conflict is then suggested as a means to satisfy both the needs of modders and game companies.
In analyzing the conflict this dissertation illustrates how the threat of law stops modders, disrupts the community, and chills future mods. This dissertation reinforces a regulatory understanding of copyright law arguing limited monopolies on intellectual property serve to advance the arts and sciences. Modding, like many forms of participatory culture, promotes valuable science, technology, engineering, and math through self-learning. Mods promote the original games while also generating new art. The dissertation also shows that both regulatory and proprietary interpretations of copyright law benefit from modding.
Through critique of status quo solutions and analysis of a Microsoft exemplar this dissertation suggests a generic game content usage guide as an extra-legal, feasible solution that advances the goals of all parties involved without requiring legal intervention.
5
Buckingham, Judith Isabel. "Patterns of violence in intimate relationships: a critical examination of legal responses." University of Canterbury. Law, 2006. http://hdl.handle.net/10092/849.
Повний текст джерелаАнотація:
In this thesis, red flags for dangerousness/lethality established from domestic violence and homicide research provided the social framework for an examination of legal responses to violence in intimate heterosexual relationships. The research investigated these gendered, structural patterns of violence and the effectiveness of criminal justice interventions in keeping victims safe. Agency interactions with offenders and victims prior to women's deaths were reviewed in selected cases. Criminal law constructions of violence in intimate relationships were evaluated for their recognition and understanding of primary risk factors for dangerousness/lethality. The research found major red flags remain invisible in criminal law stereotypes of violence between intimates. The significance of these risk factors for dangerousness/lethality is therefore overlooked, misunderstood and even misrepresented in defence of violent offenders. Although the aim of the Domestic Violence Act 1995 is to ensure effective protection for victims, the study found a significant number of women (and sometimes other family members and children) experience further sub-lethal and lethal violence following legal interventions with perpetrators. Lacking a principled policy foundation, central focus on victim safety and clear framework for interventions, legal responses are internally incoherent and inconsistent with New Zealand Family Violence Prevention Strategy. The New Zealand government has committed to principled domestic violence intervention and consistency in law and policy. This will require: a) legislative reform; b) public and professional education on the dynamics of violent relationships, including the interrelationship between sublethal and lethal assaults; and c) monitoring of criminal justice interventions to improve accountability. Until this is accomplished, stories of abused women and their children, including informal attempts to seek help and contact with state and community agencies will continue to be dishonoured by a legal system which silences their voices and fails to learn lessons from their injuries and deaths.
6
Gilbert, A. N. "British conservatism and the legal regulation of intimate adult relationships, 1983-2013." Thesis, University College London (University of London), 2016. http://discovery.ucl.ac.uk/1507786/.
Повний текст джерелаАнотація:
This thesis is a critical legal study of family lawmaking. Drawing on an understanding of conservatism based principally on the work of Edmund Burke and Michael Oakeshott, this work examines the two (apparent?) tensions of liberty and authority in the context of British conservatism and the legal regulation of intimate adult relationships since the 1980s. The dissertation divides into two parts. The first part reviews the literature on theoretical approaches to family law, before going on to construct a conservative disposition towards the legal regulation of intimate adult relationships. The second part comprises an interpretive analysis of the discourse around the genesis and development of four family law statutes, namely the Matrimonial and Family Proceedings Act 1984, the Family Law Act 1996, the Civil Partnership Act 2004, and the Marriage (Same Sex Couples) Act 2013. Taken as a whole, the statutes examined in part two constitute a case study in one discrete area of lawmaking against which to consider a conservative approach to family law, all located within the broader debate around the functions of family law. The final chapter concludes that, while I have uncovered examples of consistency and divergence between conservatism and the Conservative Party position on the legal regulation of intimate adult relationships, the core challenge for British conservatism remains how to manage change. For various reasons it might be unwise to predict the Party's demise any time soon. However, unless modern conservatism deploys less onerous hurdles to reforming the law, I am less sanguine about the future of conservatism as a political idea which has any practical significance for lawmakers.
7
Benson, Katie Jane. "The facilitation of money laundering by legal and financial professionals : roles, relationships and response." Thesis, University of Manchester, 2016. https://www.research.manchester.ac.uk/portal/en/theses/the-facilitation-of-money-laundering-by-legal-and-financial-professionals-roles-relationships-and-response(53cf82db-2955-4fed-962c-e6b4a387a943).html.
Повний текст джерелаАнотація:
Law enforcement organisations and intergovernmental bodies, such as the Financial Action Task Force (FATF), have become increasingly focused on the role that legal and financial professionals play in the facilitation of money laundering, with claims that stringent anti-money laundering controls and increasingly complex laundering methods have led criminals to become more reliant on the services provided by professionals to manage their illicit funds. As a result, a number of legislative and policy measures aimed at preventing professionals from becoming involved in money laundering have been implemented at national and international levels. However, the role played by professionals in the facilitation of money laundering has received limited academic attention and there has been little empirical research in the area, resulting in a lack of understanding about the nature of this role and allowing an official narrative about professionals’ involvement in money laundering to persist without challenge. This thesis explores the role of legal and financial professionals in the facilitation of money laundering, using the concept of ‘situated action’ to explain the actions of professionals involved in laundering criminal proceeds, and an analytical framework which directs attention towards the relationship between these actions and the organisational setting and wider contexts in which they occur. The thesis also considers the criminal justice and regulatory response to professionals’ involvement in money laundering in the UK. The research utilised a qualitative methodology, combining semi-structured interviews with individuals from law enforcement and criminal justice bodies, regulatory bodies, and the relevant professions, with data on 20 cases of professionals convicted of money laundering in the UK. The research found that the facilitation of money laundering by professionals is complex and diverse, comprising a variety of actions, purposes, actors and relationships. While some professionals are complicit in the laundering, many cases involve a more ambiguous ‘grey area’ of intent, which is not about making a deliberate choice to offend or taking opportunities to facilitate money laundering. Instead, decisions to proceed with transactions involving criminal proceeds are shaped by the nature of the occupational role, social relationships and dynamics, and the particular circumstances leading up to and surrounding the point at which the decision is made. A mixed response, involving both criminal justice and regulatory processes, may be the most effective approach to professional involvement in money laundering. However, there are a number of problems with such a model at the current time, including a lack of communication and trust between law enforcement and regulatory bodies, and limitations in the scope of regulation.
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Barker, Nicola. "Not the marrying kind : feminist critiques of marriage and legal recognition of same-sex relationships." Thesis, Keele University, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.558316.
Повний текст джерелаАнотація:
This thesis is a critical analysis of the legal recognition of same-sex relationships, particularly through marriage. Through a close examination of marriage as a legal institution and the separate forms of relationship recognition that have been modelled on it (such as civil partnership in the UK) I demonstrate both the continuing significance of the marriage model and the continuing relevance of a second wave feminist analysis to the issue of same-sex marriage. The institution of marriage is assumed to have a clear and universal meaning, or essence. I argue that this assumption is mistaken and a close reading of UK law in relation to marriage reveals that the statement articulated by Lord Penzance in Hyde v. Hyde and Woodmansee [1866] does not provide an accurate definition of marriage. Rather, while the marriage model can be identified by reference to legal structure, legal consequences and ideology, the essence of marriage is not fixed or universal. In light of my critique of the marriage model and analysis of the ways in which both same-sex marriage and new, separate forms of relationship recognition for same-sex couples fit within this marriage model, I modify feminist critiques of marriage to both take account of queer contributions to this debate and more directly engage with the issue of same-sex marriage. I argue that although the feminist analyses of marriage are in themselves important and pertinent to the issue of same-sex marriage, particularly concerns about the privatisation of care and dependency, a queer lens can complement and inform these analyses. Queer provides not only additional critiques of marriage but also a more direct response to some of the arguments for same-sex marriage, particularly those that are based on the (perceived) need for positive state recognition of same-sex relationships.
9
Cookro, Nicholas A. "Divorce Mediation in Northeast Ohio: Perceptions of Legal and Social Services Professionals." Akron, OH : University of Akron, 2009. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=akron1248100212.
Повний текст джерелаАнотація:
Thesis (M.A.)--University of Akron, School of Family and Consumer Sciences-Child and Family Development, 2009."August, 2009." Title from electronic thesis title page (viewed 11/11/2009) Advisor, Pamela A. Schulze; Faculty Readers, Gary Rosen, David Witt; School Director, Sue Rasor-Greenhalgh; Dean of the College, James M. Lynn; Dean of the Graduate School, George R. Newkome. Includes bibliographical references.
10
Richards, Tanya Krystine. "Legal regulations of internet services providers." Thesis, Queensland University of Technology, 2001. https://eprints.qut.edu.au/36871/1/36871_Richards_2001.pdf.
Повний текст джерелаАнотація:
The objective of this thesis work is to establish the legal regulations of Internet service providers and establish that there is in fact a body of regulations in existence now for their regulation. While at this time there is feeling in the marketplace that there is insufficient legal regulation of Internet service providers, this thesis has uncovered an existing statutory regime of regulations and obligations. In addition to this existing statutory regime there is further emerging regulations and obligations currently in progress and it can be expected that it will continue to emerge with the industry emergency.
Form a commercial perspective it has been shown that the telecommunications, information technology, communications and entertainment industries are converging with the Internet as a mutual channel for delivery of their existing services. This emergence of a merged industry places the Internet service provider in an interesting position from a regulatory perspective. The Internet service provider is in fact regulated not only by a number of legislative pieces, but also by a number oflegislative bodies.
The term Internet service provider is not an easily defined term. The legal definition is found in the legislation based upon the commercial decisions that the Internet service provider makes, and the term itself is only used in the Broadcasting Services Act. The definition from a layperson point of view is less defined and in many instances does not contain significant correlation with the laypersons expectation of the definition of the term. The life span of the term Internet service provider is questionable. It is difficult to ascertain how long the term will be in common use with the rapid emergence of technology, and if it is still in common usage, if it will have the same meaning as it does at the time of this thesis.
11
Sundström, Agneta. "Globalization, CSR and business legitimacy in local relationships /." Uppsala : Dept. of Economics, Swedish University of Agricultural Sciences, 2009. http://epsilon.slu.se/200923.pdf.
Повний текст джерела
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Walker, Peter E., and n/a. "Power relationships and community law centres in Dunedin : power relationships between community organisations, their communities and their funding bodies : specifically focusing on community law centres in Dunedin and the Legal Services Board." University of Otago. Department of Social Work and Community Development, 1997. http://adt.otago.ac.nz./public/adt-NZDU20070528.124321.
Повний текст джерелаАнотація:
This research engages critically with major public sector accountability theories in relation to the development of law centres in Aotearoa/New Zealand (and comparative international examples) focusing on the two centres in Otago, the Ngai Tahu Maori Law Centre and the Dunedin Community Law Centre.
Definitions of accountability are argued to be embedded within theoretical discourses which produce definable models of accountability corresponding to these theoretical statements. Case studies of the discourses of both law centres and their funding bodies are described and contrasted in terms of their views of the role of law centres, interaction with various interest groups and their accountability relationships. The data identifies a desire of both community law centres to engage with a communitarian, �bottom-up�, model of accountability, in contrast to the former social democratic-bureaucratic and current liberal �stakeholder� and �contract� models of the official funding agencies. The current dominance of the liberal �stakeholder� discourse is seen as based on professional power, hierarchical legal structure and control of funding. It is argued that any shift in the dominance of power relationships surrounding community law centres in Aotearoa/New Zealand would entail a strengthening of ties and links with the community, through seeking alternative power supports, a participatory structure and locally controlled funding.
Keywords: accountability; power relationships; community law centres; dominance; community.
13
Shahrullah, Rina Shahriyani. "The implementation of international arbitral awards in commercial relationships : a comparative legal study between Indonesia and Australia /." [St. Lucia, Qld.], 2005. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe18738.pdf.
Повний текст джерела
14
Todd, Zoe S. C. ""You never go hungry" : fish pluralities, human-fish relationships, indigenous legal orders and colonialism in Paulatuuq, Canada." Thesis, University of Aberdeen, 2016. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=231448.
Повний текст джерелаАнотація:
This thesis examines human-fish relations as an under-theorised site of colonial engagement in the Inuvialuit hamlet of Paulatuuq, Northwest Territories in arctic Canada. By exploring the various articulations of human-fish relations in the community, I investigate how this particular interface serves as a locus for local expressions of an Indigenous legal order, one that enmeshes humans and fish in relationships that are asserted by Paulatuuqmiut (Paulatuuq people), in dynamic and complex ways, as what I gloss as fish pluralities. I argue that fish are agents who are impacted by, who bear witness and are responsive to, and in some cases, even shape aspects of colonialism in northern Canada. I demonstrate that Paulatuuqmiut employ a legal order that incorporates and acknowledges an understanding of fish as sentient beings, to address everyday challenges brought to them by relationships of colonialism, environmental change (ie: climate change), and resource exploration. Through the notion of fish pluralities, I argue, Paulatuuqmiut express a local legal order, kinship and cosmology, and simultaneously engage with and challenge Western preconceptions about (and preoccupations with) Indigenous knowledge systems as fundamentally incompatible with Western epistemologies and ontologies. Fish pluralities enact instead dynamic in situ local logics that enable people and fish, together, to respond to and shape human-environmental relations as realities embedded in ongoing colonialism in Canada. They do this on their own terms and as necessary. By negotiating 'sameness' and 'difference' within, across and between different ontologies, legal orders, and cosmologies, in the context of colonialism and environmental change, Paulatuuqmiut assert ongoing and reciprocal relations to fish that inform diverse and important aspects of community life, refracting colonial and environmental pressures in order to articulate and enact strategies that best meet the needs of people and fish alike.
15
Lam, Chi-wai Michael, and 林智偉. "Domestic and Cohabitation Relationships Violence Ordinance: a piece of work in progress or the ultimatesolution for gay victims?" Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2012. http://hub.hku.hk/bib/B5053421X.
Повний текст джерелаАнотація:
1 January 2010 was a milestone for the survivors and victims of same-sex domestic violence in Hong Kong. After a hard fought legislative battle, the Domestic and Cohabitation Relationships Violence Ordinance (DCRVO) was extended to cover cohabitation relationships irrespective of sexual orientation.
With the inclusion of same-sex cohabitants in the legislation, gay survivors are provided the same legal protection as different sex couples. It is believed that equality has been achieved for gay victims, in theory at least. Indeed, the topic of same-sex domestic violence seemed to vanish from the public sphere as soon as the Ordinance was enacted. Nevertheless, considering the cultural and social obstacles experienced by gay victims of domestic violence, e.g. social perception of homosexuality and the fear of being ‘outed’ by reporting the incidents, coupled with a lack of supplementary support services available to people with alternative sexual orientations, it is uncertain how effective this amendment will be to Hong Kong sexual minorities in practice. Therefore, the primary research question for this thesis is to what extent the DCRVO is effective in protecting in practice.
This research question will be answered by a combination of qualitative and quantitative empirical research methods. This paper focuses on three areas particularly - the awareness amongst the gay community in Hong Kong of the legislation; the availability of same-sex domestic violence support services; and the subsequent complementary policies provided by the government. This study argues that without adequate complementary policies, the DCRVO will always remain to be a piece of work in progress, and not the ultimate solution for gay victims in Hong Kong.published_or_final_version
Law
Master
Master of Philosophy
16
Stavisky, Maya. "The role of ethnic minority communities and identities in explaining relationships with, and attitudes toward, the police in the London Borough of Hackney." Thesis, University of Cambridge, 2018. https://www.repository.cam.ac.uk/handle/1810/285174.
Повний текст джерелаАнотація:
This dissertation draws on criminology, social and developmental psychology and urban sociology in order to understand how contextual, situational and individual characteristics contribute to young people's relationships with and attitudes toward the police. The study's key question is: is ethnicity salient for understanding people's views of the police in Hackney? In answering this question, I adopt Bronfenbrenner's (1979) systemic framework, which proposes that the developing individual is embedded within a complex structure of influences that shape perceptions and behaviours. This mixed-methods study examines different aspects of the relationships between the police and ethnic minorities in the London Borough of Hackney using qualitative (interviews with community leaders and focus groups with secondary school pupils) and quantitative (surveys) research methods. I explore different levels of association with the police (community and individual) based on the understanding that cultures and historical attitudes influence community/police relationships. I also explore different modes of contact (direct and vicarious) within different settings (neighbourhood and school). I examine the applicability of the 'race and ethnicity' paradigm in explaining current police/minority dynamics by taking a nuanced view of these often artificially broadened categories. I consider other influences, such us social groupings and history of migration as well as community assets of collective efficacy and organisational capacity. The empirical work presented here links knowledge construction about the police to identity processes in order to help understand communities' attitudes generally, and children's specifically. As such, it provides insight into the process of legal socialisation. I explore the relationship between general attitudes about the police (in schools under the Safer School Partnerships scheme and in neighbourhoods) and specific attitudes, including police legitimacy, treatment, performance and pupils' willingness to help them (Tyler, 2006). I find that ethnic background has a limited relationship to general attitudes toward the police, with the exception of Black African pupils, indicating that the use of knowledge about the police interacts with identity development processes for some but not for others. Age, social capital, pupils' association with crime and contact with the police are more reliably related to attitudes toward the police. Surprisingly, I find that migrant pupils and those who are recipients of free meals hold more positive attitudes to the police in school than their counterparts. I find that young people's opinions of the police are more strongly linked to school police officers' performance than fair treatment. While this is a case study, it has implications for theory, practice and policy beyond Hackney, specifically relating to police legitimacy and policing ethnic minorities and young people in ethnically diverse locales.
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Tucker, Beth. "Facilitator Guides for Grandparent Discussion Groups." College of Agriculture and Life Sciences, University of Arizona (Tucson, AZ), 2009. http://hdl.handle.net/10150/156907.
Повний текст джерелаАнотація:
55 pp.Training resources for volunteer facilitators of grandparent discussion groups; Grandparents Raising Grandchildren
Grandparents-raising-grandchildren discussion groups may conduct their meetings by a) focusing on issues that members suggest and/or b) choosing from among a list of critical topics that are common issues to most grandparents. Sometimes, discussion group facilitators want help identifying topics that are both reliable and educational. To fill the need for conversation-starting topics, we have provided a series of discussion topics for a facilitator's reference. These discussion topics have been gathered from KKONA's experience listening to the issues grandparents bring up about raising grandchildren. Some of the best group discussions introduce a topic after grandparents have attended a related workshop or training that allows grandparents to process information that they have heard or read. Following through with a discussion topic will help the group more deeply explore the issue and gather grandparents' ideas. The themes of the discussion topics include legal issues, relationship issues, discipline, schools, accessing social services and recordkeeping. There are eighteen topics. The sources for these materials include research and parenting materials as well as practical recommendations gathered from discussion groups. As you use these sheets, remember that they are intended to spark discussion and give you some reliable references. The sheets are not meant to be a step-by-step method for conducting your discussion groups nor do they provide in-depth information.
18
Zanarone, Giorgio. "The governance of vertical relationships." Doctoral thesis, Universitat Pompeu Fabra, 2008. http://hdl.handle.net/10803/7377.
Повний текст джерелаАнотація:
Mi tesis utiliza la noción de contrato relacional para explicar pautas aparentemente contraintuitivas de organización vertical. El primer capitulo muestra que, cuando existen externalidades entre empresas, la integración vertical reduce la tentación de sus ejecutivos de bajar el esfuerzo, haciendo sus promisas de cooperar más creibles. El segundo capitulo muestra que, cuando una regulación europea prohibió los territorios exclusivos en la distribución de automóviles, los fabricantes impusieron estándares de servicio y precios maximos, estos últimos para reducir la tentación de los concesionarios de romper pactos informales para no competir. El tercer capitulo muestra que, pese a la asignación simétrica de derechos de decisión en sus contratos de franquicia, los fabricantes de coches dictan estándares a los concesionarios, remunerandolos con descuentos discrecionales. Eso sugiere que los fabricantes son delegados informalmente para tomar decisiones, y usan sus podéres contractuales como recurso extremo contra la tentación de los concesionarios de rechazarlas.My thesis applies the notion of relational contracts to explain seemingly counterintuitive vertical arrangements. The first chapter shows that, in the presence of spillovers between an upstream and a downstream firm, vertical integration reduces the downstream manager's present gains from shirking, making her promise to cooperate with the upstream firm credible. The second chapter shows that, after a European regulation prohibited exclusive territories, car dealership contracts switched to a mix of service standards and price ceilings, and argues that price ceilings were introduced to reduce the dealers' short-run profits from reneging on an informal "no-compete" agreement. The third chapter shows that, despite the even allocation of decision rights in dealership contracts, car manufacturers dictate performance standards ex post, and reward dealers through discretionary discounts. This suggests manufacturers are informally delegated to set standards, and use formal decision rights as a last resort against the dealers' temptation to overturn their decisions.
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Nunes, José Carlos Amorim de Vilhena. "Novos vínculos jurídicos nas relações de família." Universidade de São Paulo, 2009. http://www.teses.usp.br/teses/disponiveis/2/2131/tde-07022011-153554/.
Повний текст джерелаАнотація:
A família atual tem sofrido grandes transformações resultantes da mutação social, com graves reflexos nos direitos e deveres dos seus membros, porque a forma de sua constituição, outrora baseada no casamento indissolúvel e na prole então chamada legítima, cedeu espaço a inúmeras outras, decorrentes de toda uma sorte de convivências alheias ao casamento e da progressiva equalização de direitos entre homem e mulher e entre todos os filhos. O objetivo deste trabalho é o estudo dos novos vínculos jurídicos considerados como legítimos formadores da família contemporânea, dentro da ótica do afeto como elo essencial para a sobrevivência de tal núcleo. Nesse caminho, passaremos pelo estudo da família, enfocando sua formação e extinção, e da filiação, bem como dos princípios de direito intimamente ligados ao tema, como o da dignidade da pessoa humana, da solidariedade, da afetividade, da igualdade, da liberdade, da convivência familiar e do melhor interesse da criança, como meio para o alcance das conclusões sobre esse tema, em contribuição original à ciência jurídica brasileira.The current family has suffered big chances as results of the social mutation, with serious consequences on the rights and duties of its members. That has occurred because, in the past, its constitution, which was based in an insoluble marriage and in the children who were then considered legitimate, opened space to countless other families, which were constituted due to an assortment of relationship out of the marriage and out of the progressive equalization of the rights between the couple and among all the children. The aim of this work is to study the new legal links considered as legitimate builder of the contemporary family, under the affection viewpoint as an essential link for its survival. In this way, we are going to study the family, focusing its formation and extinction, and its children as well as the principles of the rights deeply connected to the theme, as the dignity of the human being, the solidarity, the affectivity, the equality, the liberty, the family relationship, and the best interest of the child, as a means to achieve the conclusions of this theme, contributing with the Brazilian legal science.
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Puthuran, Anna V. "The constructed identities of women in unconventional relationships and the domestic violence law in India : towards a more feminist legal framework." Thesis, University of Warwick, 2012. http://wrap.warwick.ac.uk/50408/.
Повний текст джерелаАнотація:
The Indian legal system has been dealing with the problem of domestic violence in the recent years especially since the advent of the new legislation the Protection of Women from Domestic Violence Act, which was brought into effect from the 26th of August, 2006. The original contribution that this thesis makes to knowledge is that it identifies a potential category of users of this law- Women in Unconventional Relationships (WUR), and tests the support systems and the ease of access available to this category of women within two different domestic violence frameworks in India. This thesis locates the constructions of transgressive WUR identities in history, society and theoretical discourse and investigates whether these constructions adversely affect their legal subjectivity under the domestic violence law in India. It locates WUR within the domestic violence framework in Delhi, named the Victim Model for the purposes of this research, and within the Survivor Model in Mumbai. It privileges the voices of ten WUR who articulate their experiences of survival, domestic violence and the law. The research uses a combination of inter-subjective reflexive research and a feminist analysis of the domestic violence framework. The constructions of identities and the levels of transgression that take place and its effects on survivor/victim legal agency are investigated. The thesis identifies the best domestic violence framework suited for WUR which encourages their rights-bearing capacity as full-fledged citizens of the Indian state.
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Drake, Hannine. "The legal regulation of the external company auditor in Post-Enron South Africa." Thesis, Stellenbosch : University of Stellenbosch, 2009. http://hdl.handle.net/10019.1/2301.
Повний текст джерелаАнотація:
Thesis (LLM (Mercantile Law))--University of Stellenbosch, 2009.The worldwide increase of corporate failures on the scale of Enron and WorldCom has sparked a renewed international trend of corporate governance review. With the external company auditor blamed at least in part for many corporate failures, corporate governance reform also necessitates a review of the statutory regulation of the company auditor. In particular, the lack of auditor independence when auditing clients has been under the legislator’s spotlight. The problems associated with unregulated or poorly regulated auditors are well illustrated by the activities of auditing giant Arthur Andersen. In the US, the Sarbanes-Oxley Act has been promulgated in reaction to corporate failures, imposing many new legislative restrictions on the auditor. The UK has a more tempered, selfregulatory approach. South Africa, following international trends with its recently promulgated Auditing Profession Act and Corporate Laws Amendment Act, has also greatly increased the regulation of auditor independence. The question is now whether these new restrictions in the wake of corporate failures have been the right approach with which to prevent future failures and to provide adequate protection to shareholders. Although the general legislative increase in auditor awareness is welcomed, the efficacy of several provisions in South African legislation can be questioned. Widespread reform has taken place in the appointment and remuneration of the auditor, which now has to be independently determined by the audit committee. In particular, South Africa’s new regulation of non-audit services, and the lack of refined regulation on compulsory auditor rotation as well as the cross-employment of auditors by clients, needs a critical discussion. It is submitted that the discretion of a well-regulated audit committee, combined with increased disclosure and transparency, should be enough to regulate most of the key aspects of auditor independence. Care should be taken to not overlegislate in haste to reform. South Africa needs a flexible and customised approach in this regard.
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Sina, Julie A. "An historical case study of Virginia Polytechnic Institute and State University in loco parentis." Diss., Virginia Polytechnic Institute and State University, 1994. http://hdl.handle.net/10919/49935.
Повний текст джерелаАнотація:
This study was designed to identify the unique shaping of the university/student relationship through the lens of the in loco parentis concept. The questions asked were to what extent has in loco parentis defined the relationship of Virginia Polytechnic Institute and State University and its students through the institution's history as framed by: (a) the institution's mission, (b) university governance, (c) the definition of in loco parentis, and (d) institutional culture? Has in loco parentis found its sustenance at this institution through legal or cultural justification, or both?
Qualitative case study methodology was utilized to examine in loco parentis within four time periods: (a) Shaping of a Land Grant University, 1891-1907, (b) Expansion of VPI Post World War II, 1945-1955, (c) Establishing the University, 1945-1955, and (d) Framing the Present, 1988- 1992.
The research concluded that in loco parentis was historically grounded in the legal interpretation provided by the court. In loco parentis was sustained within this study by the culture of one particular land grant university grounded in its original charge of structuring a military lifestyle.
The legal system provided a steady and constant external sustenance of in loco parentis and the institutional culture provided internal justification for in loco parentis as demonstrated within the history and tradition of Virginia Polytechnic Institute and State University. Each time period studied provided a view of the University that defined its role to its students in place of parent under the dominant influence of presidential leadership.Ph. D.
incomplete_metadata
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Jekentaitė, Ugnė. "Šalių atsakomybė statybos rangos santykiuose." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2011. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2010~D_20110207_110620-89557.
Повний текст джерелаАнотація:
Magistro baigiamojo darbo tema – „Šalių atsakomybė statybos rangos santykiuose“.
Raktiniai žodžiai: statyba, teisiniai statybos santykiai, statybos rangos santykiai, statybos rangos sutartis, subrangos sutartis, užsakovas, rangovas, subrangovas, atsakomybė.
Sklandus ir efektyvus statybos proceso įgyvendinimas didžiąja dalimi priklauso nuo to, kaip aiškiai ir suprantamai statybos rangos sutartis ir teisės norminiai aktai apibrėžia sutarties šalių teises ir pareigas, paskirsto jų riziką bei atsakomybę už sutartinių prievolių netinkamą vykdymą. Atsižvelgiant į tai, darbe yra kompleksiškai analizuojami statybos rangos sutarties šalių atsakomybės pagrindai, nagrinėjamos problemas, susijusios su atsakomybės taikymu.
Pirmojoje darbo dalyje atskleidžiama teisinių statybos santykių ir statybos rangos santykių samprata. Antrojoje dalyje apžvelgiama statybos rangos teisinius santykius reglamentuojančių teisės aktų sistema, pateikiamos statybos rangos santykių dalyvių sąvokos, atskleidžiamas jų teisinis subjektiškumas, nagrinėjama statybos rangos sutarties samprata ir jos esminės sąlygos, statybos rangos ir subrangos sutarčių santykis. Trečioji darbo dalis skirta išsamiai statybos rangos sutarties šalių – užsakovo, rangovo ir subrangovo – atsakomybės analizei: atskleidžiama jos specifika, taikymo pagrindai bei sąlygos, nagrinėjami atvejai, kai atsakomybė statybos rangos sutarties šaliai gali būti sumažinta arba panaikinta visa apimtimi, apžvelgiama LAT praktika, suformuota... [toliau žr. visą tekstą]The subject of the master work – „The liability of the parties in legal construction relationship“. Keywords: construction, legal construction relationships, constuction contract, subconstruction contract, client, contractor, subcontractor, liability. Efficaciousness of the construction process for the most part depends on how clear and comprehensible the construction contract and legal acts define rights and obligations of the parties and divide between them risk and liability for an improper execution of the obligations. Taking it into consideration, in this work there is complex analysis of the legal basis for liability and problems, which are related to application of the liability. The first part of the work reveals conception of legal construction relationships. In the second part there is rewiev of the legal acts provided as well as the concepts of the parties.The author studies the conception of the construction contract, it‘s substantial conditions and relation between construction and subconstruction contracts. The third part of the work is committed to comprehensive analysis of the liability of the client, contractor and subcontractor: it reveals liability specific, basis and conditions of use, cases when liability can be reduced or avoided, provides the review of the Suprime Court of Lithuania practice, that was formed by solving cases for application of liability in legal construction relationships. The author, after accomplishing analysis of legal act... [to full text]
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Modikwa, Phorwane Josias. "The dual role of the principal as employee of the Department of Education and ex officio member of the school governing body." Diss., University of Pretoria, 2012. http://hdl.handle.net/2263/25821.
Повний текст джерелаАнотація:
This study investigated the dual role of the principal as an employee of the Department of Education and as an ex officio member of the governing body. The South African Schools Act distinguishes between professional management and school governance. This distinction may however give rise to conflict between the principal and the governing body, more especially if roles are not clearly explained, known and understood. For the purpose of this qualitative study, a multiple case study was considered to be the most appropriate research design strategy. Interviews, document analysis and observation were used to collect data. Chapter 1 gives a general view of the study while Chapter 2 focuses on the literature review. Chapter 3 deals with data collection and data analysis. Chapter 4 focuses on the synthesis of the findings and presents the recommendations of the study. The findings in Chapter 4 reveal that in many schools there is a power struggle between the principal, teacher and parent governors. It seems as if many of the problems experienced by principals and governors are due to the fact that they cannot distinguish between the concepts of professional management and school governance. Extensive training programmes for schools’ governors will be necessary to improve the quality of governance.Dissertation (MEd)--University of Pretoria, 2012.
Education Management and Policy Studies
unrestricted
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Шапіро, Вікторія Сергіївна, Виктория Сергеевна Шапиро та Viktoriia Serhiivna Shapiro. "Права і свободи людини в галузі інформаційного права". Thesis, Издательство ЮЗГУ, 2010. http://essuir.sumdu.edu.ua/handle/123456789/13614.
Повний текст джерела
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Деревянко, Богдан Володимирович, Богдан Владимирович Деревянко та Bogdan Derevyanko. "Щодо запровадження в освітній процес підготовки юристів курсу «Захист прав суб’єктів господарювання»". Thesis, Суми : Сумський державний університет, 2019. http://dspace.puet.edu.ua/handle/123456789/7061.
Повний текст джерелаАнотація:
Зроблено висновок, що використання у навчальному процесі посібника «Захист прав суб’єктів господарювання» допоможе сформувати у студентів навички роботи із загальними та спеціальними нормативно-правовими актами, уміння розв’язувати реальні правові ситуації, що виникають під час створення, функціонування, припинення діяльності суб’єктів господарювання, а також здатність реалізовувати правові норми у різних сферах правовідносин.
Сделан вывод, что использование в учебном процессе пособия «Защита прав субъектов хозяйствования» поможет сформировать у студентов навыки работы с общими и специальными нормативно-правовыми актами, умение разрешать реальные правовые ситуации, возникающие при создании, функционировании, прекращении деятельности субъектов хозяйствования, а также способность реализовывать правовые нормы в разных сферах правоотношений.
It is concluded that the use in the educational process of the manual "Protection of the rights of economic entities" will help to develop the skills of students with general and special legal acts, the ability to solve real legal situations that arise during the creation, operation, termination of activities economic entities, as well as the ability to implement legal norms in various spheres of legal relationships.
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Деревянко, Богдан Володимирович, Богдан Владимирович Деревянко та Bogdan Volodymyrovych Derevyanko. "Щодо запровадження в освітній процес підготовки юристів курсу "Захист прав суб’єктів господарювання"". Thesis, Сумський державний університет, 2019. http://essuir.sumdu.edu.ua/handle/123456789/73872.
Повний текст джерелаАнотація:
Зроблено висновок, що використання у навчальному процесі посібника «Захист прав суб’єктів господарювання» допоможе сформувати у студентів навички роботи із загальними та спеціальними нормативно-правовими актами, уміння розв’язувати реальні правові ситуації, що виникають під час створення, функціонування, припинення діяльності суб’єктів господарювання, а також здатність реалізовувати правові норми у різних сферах правовідносин.Сделан вывод, что использование в учебном процессе пособия «Защита прав субъектов хозяйствования» поможет сформировать у студентов навыки работы с общими и специальными нормативно-правовыми актами, умение разрешать реальные правовые ситуации, возникающие при создании, функционировании, прекращении деятельности субъектов хозяйствования, а также способность реализовывать правовые нормы в разных сферах правоотношений.
It is concluded that the use in the educational process of the manual "Protection of the rights of economic entities" will help to develop the skills of students with general and special legal acts, the ability to solve real legal situations that arise during the creation, operation, termination of activities economic entities, as well as the ability to implement legal norms in various spheres of legal relationships.
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Idler, Annette Iris. "Arrangements of convenience : violent non-state actor relationships and citizen security in the shared borderlands of Colombia, Ecuador and Venezuela." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:5c8e5068-4de8-4a53-bdab-1f847f438f05.
Повний текст джерелаАнотація:
Borderlands are critical security zones but remain poorly understood. In regions plagued by drug violence and conflict, violent groups compete for territorial control, cooperate in illegal cross-border activities, and substitute for the functions of the state in these areas. Despite undermining physical security, fuelling fear, and challenging the state’s sovereignty, the exact modi operandi of these groups are little known. Against this backdrop, this thesis explores how different interactions among violent non-state actors (VNSAs) in the Colombian-Ecuadorian and Colombian-Venezuelan borderlands impact on citizen security. These border areas attract rebels, paramilitaries and criminal organisations alike: they constitute geo-strategic corridors for the global cocaine industry and are sites of supply and operation for the major actors involved in Colombia’s decades-long armed internal conflict. Adopting an interdisciplinary approach, this thesis consolidates the literature on conflict, security and organised crime, borders and borderlands, and anthropological approaches to fear and violence. It integrates theories of cooperation among social actors with original empirical research. It is based on a comparative, multi-sited case-study design, using ethnographic methods complemented by quantitative data. The research involved over twelve months of fieldwork with 433 interviews and participant observation on both sides of the crisis-affected Colombia-Ecuador and Colombia-Venezuela borders, and in Bogotá, Caracas and Quito. Developing a typology of VNSA interactions, I argue that these create not only physical violence but also less visible types of insecurity: when VNSAs fight each other, citizens are exposed to violence but follow the rules imposed by the opposing parties. Fragile alliances produce uncertainty among communities and erode the social fabric by fuelling interpersonal mistrust. Where VNSAs provide security and are socially recognised, "shadow citizen security" arises: security based on undemocratic means. I show that the geography of borderlands reinforces the distinct impacts of VNSA arrangements on citizen security yet renders them less visible.
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Лиськов, М. О., та M. O. Lyskov. "Кримінально-правова характеристика складів злочинів проти трудових прав людини: дисертація". Thesis, ЛьвДУВС, 2012. http://dspace.lvduvs.edu.ua/handle/1234567890/762.
Повний текст джерелаАнотація:
Лиськов М.О. Кримінально-правова характеристика складів злочинів проти трудових прав людини: дисертація на здобуття наукового ступеня кандидата юридичних наук за спеціальністю 12.00.08 – кримінальне право та кримінологія; кримінально-виконавче право / Лиськов Максим Олександрович. – Львів: ЛьвДУВС, 2012. - 209 с.У дисертації досліджуються склади злочинів, які містяться в диспозиціях ст.ст. 172–175 КК України, що посягають на трудові правовідносини. Також розглядаються питання, пов’язані із розмежуванням указаних складів злочинів та злочинів, склади яких передбачені в диспозиціях ст.ст. 161, 170, 171, 173 КК України та із відмежуванням аналізованих складів злочинів від окремих складів злочинів проти безпеки виробництва (ст.ст. 271–273 КК України) та експлуатації дітей (ст. 150 КК України). Проаналізоване як вітчизняне кримінальне законодавство, так і законодавство держав-учасниць Європейського Союзу з урахуванням міжнародних норм та стандартів у галузі захисту трудових прав людини, а також унесені конкретні пропозиції щодо вдосконалення чинного КК України та правозастосовної практики з урахуванням міжнародного досвіду. Compositions of crimes, that are contained in dispositions of articles 172–175 CC of Ukraine, that violate the labour legal relationships, are researched in dissertation. The questions, related to differentiation of these crimes and crimes compositions which are contained in dispositions of articles 161, 170, 171, 173 CC of Ukraine are also examined, and dissociation of crimes against safety of production (articles 271–273 CC of Ukraine) and exploitation of children (article 150 CC of Ukraine). Both a home criminal legislation and legislation of the states-participants of EU are analysed taking into account international norms and standards in sphear of protection of labour human rights, and also the proposals as to improvement of CC of Ukraine and law-enforcement practices with due account of international experience have been introduced.
30
Huamusse, Luis Edgar Francisco. "The right of sexual minorities under the African human rights system." Thesis, University of Pretoria, 2006. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_4577_1190370461.
Повний текст джерелаАнотація:
The protection of the rights of sexual minorities in Africa is a controversial issue. It is not unusual to find newspaper reports on gross violations suffered by this minority group. Gays and lesbians are victims of violence, sometimes resulting in death. Sexual minorities in Africa are often confronted with government actions such as those of the Nigerian government that recently submitted to the parliament a Bill to make provisions for the prohibition of relationships between persons of the same sex, celebration of marriage, registration of gay clubs and societies and publicity of same sex relationships. The objective of this study was to suggest possible legal protection and recognition of sexual minority rights under the African human rights system.
31
Bakirci, Yelda, Josefine Johansson, and Nathalie Yuksel. "KÖNSSKILLNADER HOS FÖRÖVARE AV DÖDLIGT PARTNERVÅLD I RELATION TILL MOTIV OCH TILLVÄGAGÅNGSSÄTT." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-84430.
Повний текст джерелаАнотація:
Syftet med den föreliggande studien var att undersöka könsskillnader i motiv och tillvägagångssätt hos förövare av dödligt partnervåld i heterosexuella parrelationer. En kvantitativ forskningsmetod användes i denna icke-experimentella tvärsnittsstudie, där data samlades in från ett urval av svenska domstolars domar, det vill säga tingsrätter, hovrätter och Högsta domstolens domar publicerade i en juridisk databas. Ett urval av N = 49 domar granskades med hjälp av ett kodschema, varav n = 30 domar hade en manlig förövare och n = 19 domar en kvinnlig förövare. De erhållna datan analyserades genom ett chi2-test for independence. Resultaten indikerar att kön hos förövare av dödligt partnervåld var signifikant relaterat till motiv till det dödliga våldet där tidigare utsatthet för partnervåld skiljde sig åt signifikant mellan män och kvinnor, men inte till tillvägagångssätt i det dödliga våldet. Slutsatser som drogs av denna studie var att motiv till dödligt partnervåld skiljer sig åt med anledning av förövarens könstillhörighet, medan tillvägagångssätt i dödligt partnervåld var samma oavsett könstillhörighet.The purpose of the present study was to examine gender differences in motives and methods among perpetrators of lethal partner violence in heterosexual relationships. A quantitative design was used in this non-experimental cross-sectional study, in which data were collected from a sample of the legal cases of Swedish courts, also the legal cases of district courts, courts of appeal and the Supreme Court published in a judicial database. A sample of N = 49 legal cases were examined by means of a coding scheme, including n = 30 legal cases consisting of male perpetrators and n = 19 legal cases of female perpetrators. The obtained data were analyzed by using a chi-square test for independence. The results indicate that the gender of perpetrators in lethal partner violence was significantly related to motives for the lethal violence, in which prior exposure to intimate partner violence differed significantly between men and women, but not to methods of the lethal violence. Conclusions drawn from this study were that the motives for lethal partner violence differed because of the perpetrator's gender, while the methods of lethal partner violence were the same regardless of gender.
32
Arthur, Jennifer N. "The relationship between legal gambling and crime in Alberta." Thesis, Lethbridge, Alta. : University of Lethbridge, Faculty of Health Sciences, c2012, 2012. http://hdl.handle.net/10133/3242.
Повний текст джерелаАнотація:
The legal gambling industry in Alberta has rapidly expanded over the last three decades. One of the main justifications that the Alberta government uses for this expansion is that gambling provides increased revenue to governments and community groups which is then used to fund public programs. However, critics argue that the social costs of legal gambling offset these benefits. One particularly controversial social cost of gambling is the impact that gambling has on crime. The academic literature is split with as many studies showing an increase in crime due to gambling as those that show no impact. The current study investigated how increased legal gambling availability has affected crime in Alberta. Four different sources of data were examined: the self-reports of gambling-related crime among problem gamblers in population surveys, mentions of gambling-related crime in police incident reports, uniform crime statistics from Statistics Canada, and information supplied by the Alberta Gaming and Liquor Commission (AGLC). The most unambiguous findings of this study are that gambling-related crime constitutes a very small percentage of all crime; crime that is gambling-related tends to be non-violent property crime; and increased legal gambling availability has significantly decreased rates of illegal gambling. In terms of the impact of legalized gambling on overall crime in Alberta, the evidence would suggest that legalized gambling likely has a minor or negligible impact.x, 123 leaves ; 29 cm
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Volchok, Daniel J. "The college-student relationship 1970-1990 : a legal-historical study /." Access Digital Full Text version, 1992. http://pocketknowledge.tc.columbia.edu/home.php/bybib/11226651.
Повний текст джерелаАнотація:
Thesis (Ed.D.)--Teachers College, Columbia University, 1992.Typescript; issued also on microfilm. Sponsor: Lee Knefelkamp. Dissertation Committee: Sharon McDade. Includes bibliographical references (leaves 130-140).
34
Koublitskaia, Ioulia. "The Relationship between Legal and Extra-legal Factors: How Judges Come to Make their Decisions in Domestic Violence Cases." ScholarWorks@UNO, 2012. http://scholarworks.uno.edu/td/1541.
Повний текст джерелаАнотація:
The purpose of this research is to understand how Trial Court Judges in state and city courts make decisions in domestic violence cases. The researcher examined the relationship between legal (e.g., evidence) and extra-legal factors (e.g., preconceived biases and behaviors related to judicial decision-making) using a qualitative research design. A case study of multiple locations in Orleans and Jefferson Parishes was used whereby a purposive sample of 17 current civil, municipal, and criminal court judges were interviewed. Judicial decision-making strategies were studied via face-to-face interviews, courtroom observations, and content analysis of courtroom communications (e.g., speech, written text, interviews, images, etc.). The researcher discusses future applications of the study as well as the application of findings to assist in exploring judicial decision-making processes. This qualitative research may be beneficial to policy planners, practitioners, and sociologists in gaining insight into the complexity of the judges’ decision-making processes.
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Muller, Alexander S. "International organizations and their host states : aspects of their legal relationship /." The Hague [u.a.] : Kluwer, 1995. http://www.gbv.de/dms/spk/sbb/recht/toc/273326228.pdf.
Повний текст джерела
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Grové, Gertruida le Roux. "A Framework for Legal Enforceability of Living Wills in South Africa." Thesis, University of Pretoria, 2019. http://hdl.handle.net/2263/76363.
Повний текст джерелаАнотація:
This thesis investigates the legal validity of living wills (advance directives) in South
Africa. The study explores the current status of living wills in South Africa and
contains recommendations on how legal enforceability of living wills can be improved
in the South African context. The Constitution of the Republic of South Africa, 1996,
the common law and the National Health Act, 61 of 2003, serve as basic points of
departure for this investigation. Shortcomings in the current South African legislation
and proposed draft legislation including the Law Commission’s Draft Bill on End of
Life Decisions, 1998, and The National Health Amendment Bill, 2019, as well as
shortcomings in the common law, the field of medical ethics and medical practice are
indicated and recommendations for an improved framework are made. For purposes
of a legal comparative methodology, the legal frameworks of living wills in the
Netherlands, England and Canada are investigated. Specific circumstances which
could potentially hamper the legal enforcement of living wills are discussed,
including: emergency situations, do-not-resuscitate orders, permanent vegetative
states, dementia, cessation of artificial hydration and feeding, pregnancy,
euthanasia, assisted suicide, palliative care, pain relief and organ donation. It is
argued that a living will could be an important tool in enhancing the doctor-patient
relationship, not only to the benefit of the autonomous patient whose dignity and
other fundamental human rights should be protected, but also to the benefit of the
doctor as the medical care provider.Thesis (LLD)--University of Pretoria, 2019.
Public Law
LLD
Unrestricted
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Kolbeck, Barbara. "Legal analysis on the relationship between the AU/AEC and RECs : Africa lost in a "spaghetti bowl" of legal relations?" Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/9613.
Повний текст джерелаАнотація:
Includes bibliographical references.In Africa, the regional trade agreements (RTAs) are commonly known as regional economic communities (RECs). Currently, fourteen regional economic communities operate on the African continent. However, in the quest for a more systematic approach to promoting "a strong and united Africa", only eight RECs were officially recognised and designated to serve as the essential building blocks towards the formation of the African Economic Community (AEC). Africa's continental community AEC is envisioned as the overall objective of the African regional integration process in the Abuja Treaty. The concept of the pursuit of sustainable development through RECs is not doubted in Africa. The Abuja Treaty proposed a gradual step-by-step approach where RECs play an important role during the first stages, but then have to lead "somehow" to one big coherent continental regional economic organisation – the overall goal of the African Economic Community. Neither the Abuja Treaty nor the Constitutive Act of the African Union (CAAU) includes concise provisions on how to establish the continental AEC. The relations between the different integration players, such as the AU, AEC and RECs, that exist now or should exist in the near future, are not defined legally. Until these "relational issues" are resolved, it seems difficult and even impossible to accelerate Africa's economic integration on the way towards the AEC. Thus, it is crucial for an accelerated integration process to discuss the scarce existing legal framework with its significant lacunas and develop solutions that allow filling in the legal blanks through the adoption of new treaties and amendments as well as protocols. The African continent with its multiple and overlapping RECs still looks like a "spaghetti bowl" instead of a "cannelloni". Thus, the question of rationalisation is still without definite answer.
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Van, Lill Xander. "The psychologist-lawyer dynamic in industrial psychologists’ psycho-legal activities." Thesis, 2013. http://hdl.handle.net/10210/8524.
Повний текст джерелаАнотація:
M.Phil. (Industrial Psychology)The objective of this study was to determine the psychologist-lawyer dynamics, prevalent in the psycho-legal activities of industrial psychologists. In order to reach this objective, repertory grid interviews were conducted with 10 participants, all of whom were industrial psychologists experienced in psycho-legal activities. During the interviews, the participants were asked to contrast their experiences in terms of the psychologist-lawyer dynamics, by eliciting similarities and differences between the psycho-legal cases which they identified. From the contrasts obtained in the interviews, the data were analysed in three consecutive stages, namely eyeball analysis, bootstrapping analysis, and the interpretation and sense-making of the themes. In the first stage of analysis, the repertory grids of the participants were scanned holistically to identify personal constructs. In the second stage of analysis, the personal constructs were categorised into themes, based on a process of continual scrutiny for similarities. During the final stage of analysis, the seven themes, categorised from the personal constructs of the participants, were interpreted and made sense of by using relevant literature on forensic psychology. The seven themes categorised from the data were: differing scientific worldviews of industrial psychologists and lawyers, the power differential in the psychologist-lawyer relationship, motives of the instructing lawyer, structure of the psychologist-lawyer relationship, the industrial psychologist's fees, objectivity of the industrial psychologist, and ethical principles in psycho-legal activities. Based on the seven themes, recommendations are made to important stakeholders such as industrial psychologists, the Professional Board for Psychology, lawyers instructing industrial psychologists, and universities. Furthermore, important limitations of this study are noted, from where recommendations for future research are made. Recommendations for stakeholders and future research in terms of the psychologist-lawyer dynamics in industrial psychologists’ psycho-legal activities are aimed at mediating the interdisciplinary and inter-professional dynamics between industrial psychologists and lawyers, in order to aid the sustained practice of industrial psychologists’ psycho-legal activities.
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Weinan, Chou, and 周威男. "A Study on the Legal Relationships of Online Purchase Agreement." Thesis, 2012. http://ndltd.ncl.edu.tw/handle/6uwr7c.
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Chao, Shu-Han, and 趙書含. "A Study on Same-Sex Relationships: A Socio-legal Perspective." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/13871742753041264622.
Повний текст джерелаАнотація:
碩士中興大學
法律學系碩士在職專班
103
The issue of same-sex relationships has been an important topic of debate under international and national law. By taking a socio-legal perspective, this thesis investigates the historical background and the evolution of law regarding same-sex relationships. After more than a century, both Britain and Germany eventually have agreed on the French decision to decriminalize same-sex relationships. Later, at the beginning of this century, the United States followed suit. This study shows that legal development on same-sex relationships in Europe is rather contrary to what ordinary people would believe. For instance, the idea that northern Europe is more progressive while southern Europe is conservative is far from truth when Spain and Portugal legalized same-sex marriage beforehand. Moreover, the shift in perspective regarding same-sex marriage in Belgium and Ireland illustrates that religion is but one of the factors in determining the attitude towards same-sex relationships in a country. In Asia, the process of globalization has inspired changes in attitudes in Japan and Taiwan. To conclude, legalizing same-sex marriage has become a trend, and law evolves slowly. It is opined that homosexuals are ordinary people who enjoy basic human rights like heterosexuals. In a democratic society, those who do not recognize same-sex marriage should nonetheless accept them with tolerance.
41
郭儀婷. "A Study on the Relationships among Junior High School Students’ Self-concept, Legal Knowledge and Legal Attitudes." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/h64zt3.
Повний текст джерелаАнотація:
碩士國立彰化師範大學
教育研究所
102
The main purpose of this study was to investigate the relationships among self-concept, legal knowledge and legal attitude in junior high schools in Taiwan. The research data were collected through questionnaire survey. The research samples included 1,116 teachers of junior high schools in Taichung City, Changhua County and Nantou County. Descriptive statistics, t-test, one-way ANOVA, Pearson’s product-moment correlation and stepwise multiple regression analysis were applied to analyze the data. The results are as following: 1. The overall performances of junior high school students’ self-concept were above average. 2. The legal knowledge of the junior high school students was above average. 3. The overall performances of junior high school students’ legal knowledge were above average. 4. Junior high school students’ self-concept was significant difference in experience of leadership. 5. Junior high school students’ legal knowledge was significant difference in gender, grade, and experience of leadership. 6. Junior high school students’ legal attitude was significant difference in grade. 7.There was significant correlation between junior high school students’ self-concept and legal attitude. 8.There was significant correlation between junior high school students’ legal knowledge and legal attitude. 9. The influences of self-concept and legal knowledge on legal attitude can be explained, and legal attitude could be explained, and students’ legal attitude could be predicted through students’ self-concept and legal knowledge. According to the conclusions, the research gives some suggestions to the educational administrative authorities, schools, teachers, and future researchers as well.
42
Oelkers, Vanessa. "Parties to gamete donation: from bounded selves to relational persons." Thesis, 2015. http://hdl.handle.net/2440/96827.
Повний текст джерелаАнотація:
The task of legally characterising complex interpersonal relationships presents a challenge to lawyers, legislators and academics. In law, relationships between parties are commonly characterised in terms of competing sets of rights. The parties are characterised as adversaries, in conflict, and this conflict is resolved by balancing the competing rights of one against the other. Under this model, rights create metaphorical boundaries between autonomous liberal individuals. Relational theories of rights challenge the dominant liberal model of the individual and their legal relations by exchanging the metaphor of boundaries for a study of real relationships. In this way, rights function to facilitate and structure relationships between parties, rather than to keep parties separated. Under a relational model, the autonomy of each person can only be understood in the context of their relationships. The rights-holder can not be viewed in isolation. In this thesis, I consider the legal relationships between Australian parties to gamete donation. In particular, I argue that the relationships may have been well described by a liberal model of rights in the past, but that the liberal model is no longer adequate to characterise the developing interpersonal relationships between the parties. I demonstrate that relational theories of rights provide a sound theoretical basis for characterising the increasingly relational parties to gamete donation, as they exist now and into the future. In addition to describing technological, social and legal developments in donor conception from the early 1900’s to the present day, I place these developments in the context of a broad social shift from liberal to a post-liberal society. In particular, this social shift is characterised by decreased separation between domains of public and private, and represents a deep psychological shift in our understanding of the individual as increasingly interpersonal and relational. In the context of gamete donation in Australia, this shift is manifested in increasing exchange of information between parties over time. In particular, disclosure of information about donors to donor-conceived offspring has been a significant political and academic focus. My thesis first demonstrates a link between the broad post-liberal social shift and changing concept of the individual to the evolving relationships between parties to gamete donation and, second, advocates for the current trajectory of change towards increasingly relational parties to gamete donation.Thesis (Ph.D.) -- University of Adelaide, Law School, 2015
43
Mata, Warren F. "The knowledge level of Pennsylvania public school principals regarding the legal requirements for summative teacher evaluation /." Diss., 1998. http://gateway.proquest.com/openurl?url_ver=Z39.88-2004&rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation&res_dat=xri:pqdiss&rft_dat=xri:pqdiss:9916061.
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Shu-Ying, Huang, and 黃淑櫻. "A Study on Civil Legal Relationships under Illegal Construction in Mainland China- A Comparative Study of Legal Issues Rrelated to Taiwan law." Thesis, 2017. http://ndltd.ncl.edu.tw/handle/4s6wv8.
Повний текст джерелаАнотація:
碩士東吳大學
法律學系
105
The Property Law of the People’s Republic of China (PRC) eliminates the native ownership of illegal buildings. It is a different opinion from Taiwan’s adoption of the native ownership of illegal buildings. Apart from punishing the builders from obtaining the ownership of illegal buildings, although the aim of legislation is to stop the spread of illegal buildings, the law does not achieve this aim and produces even more legal disputes awaiting immediate solutions. This thesis includes the following eight chapters: Chapter 1 Introduction includes a description of the research motivation and aim, the literature review, methodology, and expected results. Chapter 2 Illegal Building Overview introduces the legal nature of illegal buildings and reviews the legislation of turning illegal buildings into the object of ownership. Chapter 3 Effectiveness of Contracts for Transferring Illegal Buildings as Obligations for Payment investigates the effectiveness of contracts for trading illegal buildings that are not allowed for registration across the straits and the methods for indicating ownership change (i.e., handover or registration). Chapter 4 The Applicability of Damage Compensation for Delict of Illegal Buildings examines if there is difference in claiming damage compensation for delict and the scope of compensation between PRC and Taiwan when the right of an illegal building is injured. Chapter 5 The Applicability of Bona Fide Acquisition of Illegal Buildings reviews if bona fide acquisition can be claimed for illegal buildings. Chapter 6 Compulsory Execution Procedures for Illegal Buildings examines if illegal buildings can become the subject matter of execution and the legal issues of relevant execution procedures and the disputes derived. Chapter 7 The Legal Applicability of Succession of Illegal Buildings investigates if illegal buildings can become the subject matter of succession, and how to succeed illegal buildings. Chapter 8 Conclusions and Recommendations summarizes the findings of this thesis and draws up a conclusion for the legal system of illegal buildings. As cross-strait exchange is frequent, this thesis aims to prevent the injury of relevant legal rights as a result of being unfamiliar with the legal system of both areas. In addition to investigating the civil law relationships involved in PRC illegal buildings, the author has discussed the relevant legal system, practice, and academic opinions in Taiwan in order to benefit the interaction between people across the strait.
45
Little, Doric. "An investigation of the legal parameters of policies dealing with sexual relationships in academe." Thesis, 1987. http://hdl.handle.net/10125/9676.
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CHEN, HAN-KUO, and 陳漢國. "The Study on the Legal Relationships of Mortgage Loan of Commercial Bank in China." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/90847792939561048606.
Повний текст джерелаАнотація:
碩士東吳大學
法律學系
102
Abstract Since its opening up in 1978, China has continuously been a member of the world trade organization (WTO). After the signing of “MOU on Cooperation Related to the Oversight of the Auditors,” “Comprehensive Economic Cooperation Agreement across Taiwan Strait,” Taiwanese commercial banks gradually entered the mainland China market and there has been fierce competition among banks. Secured mortgage loans are favored by commercial banks due to the higher security over loans on credit. Hence, today when financial credit activities are becoming more prevalent, there is a need to understand and study the legal relationship commercial banks in China have regarding bank loans. This study has broadly collected literature on the legal system, loan contracts, mortgage contacts, and practical issues of financial loans and through analysis, conclusion, and sorting, the contents have been gradually constructed into five chapters. These include Chapter 1 Introduction, Chapter 2 the Legal System of Commercial Banks in China, Chapter 3 the types of loans offered by commercial banks in China, Chapter 4 the Legal System of Mortgage Loans of Commercial Banks in China and Chapter 5, the conclusion。 This study started to analyze the legal system and types of loans of commercial banks followed by the analysis of the legal relationship of mortgage loans of commercial banks and the practices of loan and mortgage contracts implemented in financing. It involves theories and financial practices. In addition to the analysis of the compliance of legal relationship and terms of loan contract to rules and regulations in China, this study also compared both theories and financial practices of consumer loans, the mortgage legal system, and financial practices of contracts and agreements. In the end, the suggestions of mortgage loan system and financial practices are proposed for the reference of financial businesses in the mainland market with the aim to reduce relevant disputes of mortgage loans of commercial banks and the entrance of Taiwanese commercial banks to provide loans in the mainland market.
47
Hsu, Li-Na, and 許麗娜. "A Study of Relationships among Personality Traits, Internet Legal Literacy and Cyberbullying for Teenager." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/08584562181204120075.
Повний текст джерелаАнотація:
碩士康寧大學
資訊傳播研究所
103
The main purposes of this study was to investigate the impact on cyberbully behaviors of personality and internet legal literacy. This study was based on a survey research and adopted the instruments in the study included “The Personality Scale”, “The Internet Law Knowledge Scale” and “The Bullying Behaviors Scale”. The subjects of this study were 550 out of 560 students, valid for 537 copies and valid return rate 95%. The collected data were analyzed andinterpreted by means of descriptive statistics, t-test, one-way ANOVA, Pearson’s product-moment correlation and multiple regression. The major findings of thestudy were as follows: 1. There were significant different between males and females on internet legal literacy and cyberbully. Besides, males are higher than females. 2. The cyber-bullying of the ninth-grade students was significant higher than the fifth-grade ones on internet legal literacy and cyberbullying. 3. There were no significant correlations between students’ personality and cyberbullying. 4. There were significant correlations between students’ personality and cyberbullying. “Neuroticism” were significantly correlated cyberbullying. 5. There were significant correlations between students’ internet legal literacy and cyberbullying. 6. Public humiliation could predict the cyberbullying behaviors of students (grade 5 to 9) effectively. The study to offer a suggestion for parents, teachers, school and researchers of extended studies.
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Luo, Jia-Song, and 羅嘉松. "The study of the relationships between legal language, legal argumentation and daily language-in the fatal accident case of osteogenesis imperfecta in Taiwan-." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/83106372663295972177.
Повний текст джерелаАнотація:
碩士國立政治大學
法律學研究所
98
This thesis investigate the relationships between legal language, legal argumentation and daily language in the fatal accident case of osteogenesis imperfecta in Taiwan. First, we analyze legal language, legal argumentation and daily language used in the verdicts of four civil cases. We focus on the contents of verdicts. Second, from the newspaper reports of this case, we investigate the relationships between legal language and daily language. Third, the case studies by civil law researchers are investigated by the verdicts of trial of first and second instances. From the investigation of cases studies, we can obtain the connection between legal language, legal argumentation and daily language. Using the foundations of claims of civil law, we re-study the legal relationships like contracts, torts and voluntary service among clients in the case of osteogenesis imperfecta. Finally, we re-investigate the legal argumentations of the every verdicts of civil court and the case studies with Theory of Legal Argumentation proposed by Robert Alexy.
49
Dercksen, Elsje Jacoba Johanna, and J. Heaton. "De Facto huwelike :." Diss., 1997. http://hdl.handle.net/10500/17997.
Повний текст джерелаАнотація:
Text in Afrikaans, abstract in Afrikaans and EnglishDie regsposisie van die deelgenote tot 'n de facto huwelik word krities ondersoek met inagneming van die huidige Suid-Afrikaanse regsposisie, oorsigtelike regsvergelyking, die morele argument, en die invloed van die Grondwet van Suid-Afrika. Die verskillende vorme van de facto huwelike in sy bree interpretasie word in oenskou geneem en die volgende verbindings word bespreek: saamwoonverhoudings; inheemsregtelike huwelike; huwelike voortspruitend uit godsdienstige tradisies; en homoseksuele huwelike. Dit word gevind dat die Suid-Afrikaanse regsposisie tans baie onbevredigend is. Sekere voorstelle vir wysigings word aan die hand gedoen, en daar word gewys op die unieke kenmerke van die Suid-Afrikaanse situasie wat in ag geneem moet word in die vorming van 'n nuwe benadering. Dit word bepleit dat die regslui die uitdaging moet aangryp en met innoverende denke 'n nuwe bestel vir die Suid-Afrikaanse reg moet skep wat buigbaar en soepel is, maar terselfdertyd regsekerheid bevorder.
The legal status of the parties to a de facto marriage is investigated, taking into consideration the present South African position, legal comparison, the moral argument, and the influence of the Constitution of South Africa. The different forms of the de facto marriage in its wide interpretation are reviewed and the following relationships are discussed: cohabitation relationships; customary marriages; marriages resulting from religious traditions; and homosexual relationships. It is found that the present South African legal position is very unsatisfactory. Several suggestions for amendments are made, and the unique characteristics of the South African situation to be taken into consideration in forming a new approach, are highlighted. It is pleaded that the legal profession accept the challenge to create, with innovation, a new system for South African law which will be flexible, but, will at the same time ensure certainty in law.
Private Law
LL. M.
50
Dercksen, Elsje Jacoba Johanna. "De Facto huwelike :." Diss., 1997. http://hdl.handle.net/10500/17997.
Повний текст джерелаАнотація:
Text in Afrikaans, abstract in Afrikaans and EnglishDie regsposisie van die deelgenote tot 'n de facto huwelik word krities ondersoek met inagneming van die huidige Suid-Afrikaanse regsposisie, oorsigtelike regsvergelyking, die morele argument, en die invloed van die Grondwet van Suid-Afrika. Die verskillende vorme van de facto huwelike in sy bree interpretasie word in oenskou geneem en die volgende verbindings word bespreek: saamwoonverhoudings; inheemsregtelike huwelike; huwelike voortspruitend uit godsdienstige tradisies; en homoseksuele huwelike. Dit word gevind dat die Suid-Afrikaanse regsposisie tans baie onbevredigend is. Sekere voorstelle vir wysigings word aan die hand gedoen, en daar word gewys op die unieke kenmerke van die Suid-Afrikaanse situasie wat in ag geneem moet word in die vorming van 'n nuwe benadering. Dit word bepleit dat die regslui die uitdaging moet aangryp en met innoverende denke 'n nuwe bestel vir die Suid-Afrikaanse reg moet skep wat buigbaar en soepel is, maar terselfdertyd regsekerheid bevorder.
The legal status of the parties to a de facto marriage is investigated, taking into consideration the present South African position, legal comparison, the moral argument, and the influence of the Constitution of South Africa. The different forms of the de facto marriage in its wide interpretation are reviewed and the following relationships are discussed: cohabitation relationships; customary marriages; marriages resulting from religious traditions; and homosexual relationships. It is found that the present South African legal position is very unsatisfactory. Several suggestions for amendments are made, and the unique characteristics of the South African situation to be taken into consideration in forming a new approach, are highlighted. It is pleaded that the legal profession accept the challenge to create, with innovation, a new system for South African law which will be flexible, but, will at the same time ensure certainty in law.
Private Law
LL. M.