The starting point for a consideration of law in former colonies is often a law/custom binary whereby law is the formal legal system imposed during the colonial occupation and retained at independence, and custom the local law disrupted by colonialism. In most South Pacific small island countries, this dichotomy of law and custom has been formalized by the protection of custom by constitutional or statutory provisions. The protection of custom was carried out as a celebration of local culture at Independence, but the effect has been to stymie the development of local custom and to reinforce custom’s post-colonial subsidiary position relative to the formalized legal system. The Kingdom of Tonga avoided the indirect rule of late colonialism and as a result Tonga’s legal system was never dichotomized into law and custom. There was no constitutional protection of custom because custom was never characterized as something other than law. Although it is undeniable that the direction of the development of law in Tonga was impacted by the presence of the Imperial project in the region, the legal change that occurred was led by Tongans. The starting point for legal change in Tonga was, and continues to be Tongan legal traditions even though local custom has not been formally protected. This project considers the two human concepts of apology and the protection of reputation. In Tonga’s hierarchical society both concepts already represented important legal traditions when the formal British-style legal system was adopted. However, these legal traditions were not relegated to something ‘other’ than law. The former continued as an informal legal tradition that addressed legal harms not recognized by adopted legal traditions, while the latter was incorporated into the adopted formal legal system with provisions that continued to reflect the distinctive Tongan society. Both legal traditions have faced challenges recently. Apology was no longer recognized as an efficacious remedy for women in the case of domestic abuse. The protection of the inviolable reputations of the monarch and nobility was limited by the exercise of the constitutional right of the freedom of the press. In both cases Tongans chose to exercise adopted constitutional rights in order to limit what was perceived to be an abuse of the exercise of power in the hierarchical society. Because local legal traditions had not been preserved as something apart from Tongan law, this development did not signal the end of Tongan legal traditions. Rather, it demonstrated the continuing development of Tongan law. / Graduate

Neste estudo, analisamos a realização linguística dos pedidos de desculpas em situações espontâneas no português do Brasil e no espanhol da Argentina. Os corpora são constituídos por fragmentos das atrações televisivas Big Brother Brasil e Gran Hermano Argentina. Ao nos voltarmos para os estudos pragmáticos para abordar a cortesia, considerando que este fenômeno linguístico-discursivo está apoiado no conceito de face, recorremos aos postulados de Goffman (1970), Brown & Levinson (1987 [1978]), Leech (1997), chegando até os mais recentes estudos, com teóricos como Haverkate (1994), Kerbrat-Orecchioni (2004, 2005, 2006), Bravo (1999, 2004, 2009), Briz Gómez (1996, 2001) e Álvarez Muro (2005). Nas interações analisadas do corpus do português do Brasil, observou-se uma forte valorização da imagem pública, com uma preocupação com a imagem junto aos telespectadores, ou seja, há a preocupação com a efetivação da desculpa e a volta da interação, valorizando o consenso. No corpus argentino, por sua vez, observou-se que a intenção primeira é a valorização da imagem pessoal frente ao interlocutor direto, sem um trabalho efetivo de imagem junto ao telespectador, de forma que expressar sua opinião e sustentá-la até o fim, mesmo ao custo da manutenção da interação, é mais valorizado que o consenso. Os resultados apontam que, se há, por um lado, o valor brasileiro de parecer bom, posicionando-se de forma contrária a qualquer atitude que possa ser considerada como preconceituosa, mesmo que isso custe o direito de defender sua opinião frente aos demais; do lado argentino, há a valorização do sentido de parecer justo, buscando a defesa do direito de expressar sua opinião e defendê-la, mesmo ao custo da manutenção da interação. / In these studies we will analyze the linguistic application of apologies in spontaneous situations in both Brazilian Portuguese and Spanish in Argentina. The corpora consists of fragments from Big Brother Brazil and Gran Hermano Argentina, both television programs. When we turn to the pragmatic studies to address courtesy, and considering that this discursive linguistic phenomenon is supported by the concept of face, we agree with the postulates of Goffman (1970), Brown & Levinson (1987 [1978]), Leech (1997) and with the most recent studies of theoreticians such as Haverkate (1994), Kerbrat-Orecchioni (2004, 2005, 2006), Bravo (1999, 2004, 2009), Briz Gómez (1996, 2001) and Álvarez Muro (2005). In the analyzed interactions of Brazilian Portuguese corpus we observed a strong enhancement of public image in relation to the viewers, with a concern for the image of the viewers. Thus, there is a concern about the effectiveness of the apology and the return of the interaction, valuing consensus. Regarding the Argentinean corpus, on the other side, we observed that the primary intention is to value personal image in relation to the interlocutor, without an effective work with the image of the viewer. This is done in order to express their opinion and to support it until the end, even at the cost of maintaining the interaction, which is more valued than the consensus. The results indicate that there is, on one hand, the Brazilian value of \"looking good\", placing it in an opposite manner to any action that might be considered prejudicial, even if it costs the right to defend his opinion toward the other; on the Argentinean side, the results point to a sense of \"being fair\", seeking to defend the right to express their opinion and defend it, even at the cost of maintaining the interaction.

The work of mid-twentieth century psychoanalyst Melanie Klein stresses the importance of the phantasy world and its role within the human psyche. For Klein innate human destructive phantasies coexist with feelings of love, guilt, and reparation. Love and hate exist in tension with one another and one must cope with balancing these feelings. I will use the psychoanalytic concept of reparation as understood by Klein to explore the performance of apology and reparation. Reparation, for Klein, refers to the psychological need to make things good, that is to say, to mend and repair relationships with others. Using this concept this work will examine the United Church of Canada's 1986 and 1998 apologies to First Nations peoples for its involvement in the residential school system, as well as the Canadian government's “Statement of Reconciliation” and 2008 apology for residential schools. This work asks the question: are these apologies effective in their attempts to make amends for past injustices or are they examples of what Klein calls “manic reparation”, which works to conceal, hide, or preserve phantasies of aggression? Klein's theories will provide a new and evaluative theoretical lens to discuss apology. The academic study of apology currently seeks to find “categorical elements”, which are then used to decide if the apology is a “success.” But this approach is missing the important component of the implied reparative concept within an apology. An apology is not only a written text but also an act that can work to conceal or reveal the perpetrators’ view of their transgressions. Exploring the manifest and latent content of apologies will provide a richer insight into the apology process.

Šiame darbe siekiama nustatyti, kaip skirtingos lyties ir skirtingo amžiaus grupių žmonės vertina atsiprašymo svarbą tarnybinėse, socialinėse ir asmeninėse situacijose. Kalbinių situacijų dalyvių santykiai taip pat skirtingi: oficialūs dalykiški, neoficialūs darbiniai, neutralūs ar draugiški. Analizuojami 8 kalbinių situacijų anketiniai duomenys, kuriuos pateikė 100 respondentų (50 moterų ir 50 vyrų, po 20 asmenų kiekvienoje amžiaus grupėje: iki 20 m., 20–35 m., 36–50 m., 51–65 m. ir per 66 m.). Duomenys rodo, kaip respondentai vertina situaciją. Daugumos respondentų nuomone tarnybinėms situacijoms, kurios vyksta mokslų sferoje, o aukštesnio statuso asmuo atsiprašo žemesnio statuso asmens, yra būdingas atsiprašymas. Analogiškoje situacijoje žemesnio statuso asmuo gali ir neatsiprašyti. Situacijoje, kurioje nenurodytas įstaigos pobūdis, žemesnio statuso adresatas atsiprašymo nesulauks. Esant lygiaverčiams santykiams atsiprašymo gali būti ir nesulaukta. Moterų nuomone, atsiprašyta bus tik dviejose tarnybinėse situacijose, vienoje nebus atsiprašyta, o kitoje gali ir neatsiprašyti. Vyrų nuomone, tarnybinės situacijos reikalauja dar mažesnio kalbos etiketo laikymosi, išskyrus darbinius santykius. Tiek moterys, tiek vyrai, socialinėse situacijose įžvelgia didesnę atsiprašymo tikimybę, išskyrus situaciją, kurioje gresia didesni materialiniai nuostoliai, nors kaltė ir yra tokia pat akivaizdi. Tuomet vietoj atsiprašymo gali būti sulaukta net akiplėšiško puolimo. Asmeninėse... [toliau žr. visą tekstą] / The aim of this work is to establish how people of different gender and age value the importance of apologies in official, social and personal situations. The relationships of participants in linguistic situations are also various: formal official, informal official, neutral or friendly. There is analyzed the data of 8 linguistic situations survey, which is presented of 100 respondents (50 women and 50 men by 20 persons in each age group: to 20 years, 20-35, 36-50, 51-65 and over 66 years old. The data of the survey shows how respondents estimate the situation. The majority of respondents thinks that for official situations, which happens in sphere of science and the person with higher status apologizes the person with lower status the apology is common. Therefore in analogical situation the person with lower status may not apologize. In situation, where the type of the institution is not directed, the apology will not be given by lower status addresser. The apology could not be expected in situations of equal relationships. Women think that apologize is needed only in two official situations, in one of the given situations will not be apologized while in other it could not be apologized. Men think that official situations require keeping less linguistic etiquette, except in informal official situations. Women as well as man in social situations see more likelihood apologizing, except situation, where is faced the bigger material damages, though the guilty is obvious. Then... [to full text]

The aim of this study was to look at speech acts of apology used in linguistic, social, and cultural settings and to answer the question, “Do people overuse and/or misuse them?” The research was conducted on the speech act of apology and its strategies used in American, Chinese, and Lithuanian cultures with 113 total respondents. The method chosen was the Discourse Completion Test (DCT) via a web-based questionnaire. The results revealed that Americans tend to overuse apologies while Chinese and Lithuanian, on the contrary, use them less. It also revealed that the dominant apology strategy in American culture is earnest politeness with an account/explanation; when the Chinese apply such a strategy, it is the same as the American style. Lithuanians most commonly employed the strategies of expected politeness/norm and earnest politeness with an account/explanation. Recommendations are that further research be conducted in the field of apology and its strategies in Lithuanian culture. In addition, an investigation into whether or not a shift in linguistic politeness and the speech act of apology in Chinese and Lithuanian cultures has occurred due to Western influence and globalization. / Šio tyrimo tikslas buvo pažvelgti į atsiprašymus naudojamus lingvistinėje pragmatikoje ištiriant jų kultūrinius atspalvius Amerikiečių, Kinų ir Lietuvių kultūrose. Dar vienas šio darbo tikslas yra atsakyti į klausimą Ar atsiprašymai yra vartojami per dažnai/retai minėtose kultūrose? Išvardintiems tikslams pasiekti, buvo nustatyti šie siekiniai: aptarti atsiprašymų panašumus ir skirtumus Amerikiečių, Kinų ir Lietuvių kultūrose; įvertinti vyrų/moterų naudojamus atsiprašymus; pažvelgti į atsiprašymus naudojamus atsisakant kvietimo ir išsiaiškinti kokie atsiprašymai naudojami skirtingose socialinėse ir profesinėse situacijos atsižvelgiant į santykių familiarumą ir hierarchiją.

In a crisis managers are confronted with a dilemma between an ethical responsibility to respond to victims and their fiduciary responsibility to protect shareholder’s wealth. This study provides empirical evidence that a company apology made during a crisis can have a positive or negative effect on stock price depending on the level of responsibility for a crisis born by the firm. We use Coombs’ (2007) Situational Crisis Communication Theory to classify crises and appropriate re-sponse type for 235 unique crises between 1983 and 2013. We use event study methodology to study the effect of an apology on returns. The results show that managers apologizing to those affected for a victim or accidental crisis jeopardize shareholder wealth; however offering an apology for a preventable crisis offsets this negative effect.

Charles Darwin has achieved both notoriety and fame for his evolutionary ideas encapsulated principally in The Origin of Species and The Descent of Man. Although credited for much originality in his writings, Darwin's legacy borrowed extensively from many who had propounded similar speculations centuries before him. His naturalistic argument for origin and species reveals both logical and theological problems with his thesis, and further unavoidable ramifications. The contention is that even Darwin himself could not, and did not, live by the ideas he boldly espoused. His ideas, if true, would destroy the very basis upon which his thesis depended. His evolutionary paradigm had to take for granted a world he could give no account for. Yet his antipathy of Biblical Christianity, and its God, inspired him to pursue his personal naturalistic agenda with little regard to the logical consequences. Modern evolutionary science may look back today with pride on its founder, Charles Darwin, yet the problems which were intrinsic to his thesis remain unanswered yet. / Thesis (M.Th. (Dogmatics))--North-West University, Potchefstroom Campus, 2011.

Charles Darwin has achieved both notoriety and fame for his evolutionary ideas encapsulated principally in The Origin of Species and The Descent of Man. Although credited for much originality in his writings, Darwin's legacy borrowed extensively from many who had propounded similar speculations centuries before him. His naturalistic argument for origin and species reveals both logical and theological problems with his thesis, and further unavoidable ramifications. The contention is that even Darwin himself could not, and did not, live by the ideas he boldly espoused. His ideas, if true, would destroy the very basis upon which his thesis depended. His evolutionary paradigm had to take for granted a world he could give no account for. Yet his antipathy of Biblical Christianity, and its God, inspired him to pursue his personal naturalistic agenda with little regard to the logical consequences. Modern evolutionary science may look back today with pride on its founder, Charles Darwin, yet the problems which were intrinsic to his thesis remain unanswered yet. / Thesis (M.Th. (Dogmatics))--North-West University, Potchefstroom Campus, 2011.

The results of three studies are discussed in this thesis. In the first study, possible relationships between jealousy, aggression, sexual desire and post-conflict sex were investigated in a sample of 128 students and professionals from the East Midlands area. A model was proposed which predicted that jealousy will affect aggression; aggression will affect sexual desire and sexual desire will affect the possibility of post-conflict sex. Correlational analysis revealed that jealousy was significantly correlated to aggression and sexual desire; also, a strong significant relationship was found between aggression and post-conflict sex. Correlations were also discovered between aggression and sexual desire and between sexual desire and post-conflict sex. Further analysis using Structural Equation Modelling tested and supported a model which showed that jealousy influenced aggression and sexual desire, which in turn may influence post-conflict sex. The second study explored partners' possible conciliatory acts in post-conflict situations. The aim was to gain insight in the peace-making process and identify the ways in which . partners attempt to reach closure over an argument and return to how they were before the argument occurred. Interviews with 13 males and females were conducted. The interviews were transcribed and analysed using Thematic Networks Analysis. The results revealed that participants reached 'Perceived Closure' through four possible pathways a) Avoiding further conflict, b) Gaining control of the situation, c) Providing/receiving assurances, and d) Achieving normality. The exact processes involved in these pathways were found to be defined by clusters of basic themes. The themes that emerged showed that participants used affection, sex, distancing, apology and humour in order to return to normality and reach closure. This process was shown to be gradual as participants reported adopting a step-by-step approach that involves trying to gain control of their feelings and the situation, avoiding further arguments, reinstating feelings of security and safety and attempting to reinstate a sense of normality. The third study was designed to explore post-conflict conciliatory acts and investigate possible correlations with relationship satisfaction and positive and negative conflict outcomes patterns. The sample consisted of 139 partiCipants from the East Midlands area. The main findings were that participants who adopt constructive conflict styles (as shown from positive conflict outcomes) tend experience higher relationship satisfaction. Use of post-conflict conciliatory strategies was also predictive of higher relationship satisfaction.

The work of mid-twentieth century psychoanalyst Melanie Klein stresses the importance of the phantasy world and its role within the human psyche. For Klein innate human destructive phantasies coexist with feelings of love, guilt, and reparation. Love and hate exist in tension with one another and one must cope with balancing these feelings. I will use the psychoanalytic concept of reparation as understood by Klein to explore the performance of apology and reparation. Reparation, for Klein, refers to the psychological need to make things good, that is to say, to mend and repair relationships with others. Using this concept this work will examine the United Church of Canada's 1986 and 1998 apologies to First Nations peoples for its involvement in the residential school system, as well as the Canadian government's “Statement of Reconciliation” and 2008 apology for residential schools. This work asks the question: are these apologies effective in their attempts to make amends for past injustices or are they examples of what Klein calls “manic reparation”, which works to conceal, hide, or preserve phantasies of aggression? Klein's theories will provide a new and evaluative theoretical lens to discuss apology. The academic study of apology currently seeks to find “categorical elements”, which are then used to decide if the apology is a “success.” But this approach is missing the important component of the implied reparative concept within an apology. An apology is not only a written text but also an act that can work to conceal or reveal the perpetrators’ view of their transgressions. Exploring the manifest and latent content of apologies will provide a richer insight into the apology process.