Au stade de leur entrée en vigueur, la valeur des actes juridiques est essentiellement formelle. Cette force n'est cependant pas immuable. Divers mécanismes sont susceptibles de conférer aux actes juridiques une nouvelle valeur fonction de leur caractère (ou nature). Ce caractère repose sur une distribution des compétences matérielles entre les organes habilités à édicter des actes juridiques de portée générale. Ainsi, la prise en compte du critère matériel amène à reconsidérer la valeur des actes juridiques et de leurs dispositions. Le reclassement étudie les modalités par lesquelles les actes juridiques acquièrent une force autre que celle dont ils étaient initialement pourvus.De façon générale, la transmutation de l'acte juridique est due à une incompétence positive signalée, parfois rectifiée, mais non censurée par le juge : la délégalisation, le reclassement des « neutrons organiques », le reclassement des actes nationaux empiétant sur les compétences des institutions d'outre-mer, etc. Certains mécanismes de reclassement sont institués – la ratification des ordonnances –, d'autres sont incidents – les renvois organiques –. Les conséquences du reclassement constituent l'essentiel de l'étude. La valeur juridique détermine le régime applicable à chaque acte. Mais les instrumenta peuvent n'être que partiellement reclassés. Dans ce cas, chaque disposition est pourvue d'une force juridique propre. Après le reclassement de l'acte, l'autorité d'édiction perd sa compétence de modification et d'abrogation. Le régime contentieux de l'acte reclassé est remanié. L'étude du reclassement éclaire la distinction entre la valeur des sources formalisées et la valeur des normes juridiques, c'est-à-dire, de leurs significations prescriptives. / The instrumenta takes effect with legal force that is not immutable. Various mechanisms may give new strength to these legal acts and their provisions. These new strengths are then altered according to its distribution among the establishments empowered to enact legal measures of general application. This force is often determined by a distribution of material powers between the bodies empowered to pass legal acts of general application. This sharing is accomplished by various texts such as the Constitution or organic legislation. If the value of the acts are essentially formal at the stage of their entry into force, taking into account the material criterion this would lead to the reconsideration of their strength. Their reclassification is the process of studying the ways in which the legal acts acquire another force than they were originally filled.Generally, the transmutation of the legal act is not invalid due to incompetence, but simply corrected by the judge: the delegalisation and reclassification of neutral organic acts; the reclassification of national acts encroaching on the powers of the institutions of overseas, etc. Some reclassification mechanisms are instituted - the ratification of orders - and others are incidents - organic references - the consequences of the reclassification constitute the bulk of the study. The value determines the legal regime applicable to each act. But the Instrumenta may be only partially reclassified. In this case, each provision is provided with its own legal force. After reclassification, the enactment of authority loses its modification of skills and repeal the act (or its provisions). Sue to the act being reclassified, the litigation regime is overhauled. These theoretical implications are nonetheless not always observed in practice. The study of the reclassification and litigation that is generated confirms the distinction between the value of formal sources and the value of legal norms, in other words, their prescriptive meanings.

In many African traditional societies, the felt needs of people are usually met by the services of the shaman or other traditional medicine specialists. These needs vary and they could include the need for protection against witchcraft and evil spirits. Another need in Africa is for physical and psychical health. These needs are felt by many Africans inside and outside ecclesiastical structures. Despite centuries of western influence and teaching by missionaries, these felt needs have not gone away. The sensitivity to the spirit world and its impact on the human and material word still remains a firm belief in the African socio-spiritual reality. In its missiological responsibilities in the past and now, the church in Africa continues to display a theological deficiency in addressing this vacuum in African spirituality. Consequently, many African Christians are trapped in the dual, two-tier or split-level Christianity. This shows itself in times of existential crises in which many committed and respectable African Christians revert to traditional religious practices as a means of meeting their spiritual needs, due to the church’s inability to do so. This observed lack of traditional Christian theology and its irrelevancy to African life, has left many African Christians in a dilemma. It is this lacuna in Christian theology and practice that the researcher seeks to address in this study. By analysing documents on spirits in the first-century Jewish world and the two-volume work of Luke-Acts, the researcher endeavours to show the relevance and possible appropriation of the New Testament message to African spiritual realities. This is based on the understanding that the world of the first-century Jews and other communities in the Mediterranean region at the time, has more in common with Africans than the extremely naturalistic, rationalistic and abstract-oriented worldview of the early western missionaries who initially brought the gospel to Africa. Central to the researcher’s thesis, is the argument that, if early Christians, as exemplified by the Lucan audience, could respond to the fears, problems and realities of the spirit world by using God-ordained, spiritual and biblically acceptable means and not magical ways, African Christians, too, who find themselves in similar situations, can do the same. The contention in this study is that the rediscovery of the aspect of the spirit world of the New Testament message will go a long way towards resolving the problem of split-level Christianity in Africa. This task remains a theological imperative for New Testament scholarship in order for the church to present a holistic message to the masses of Africa and to demonstrate how the immanence of the Christian God in Jesus Christ through the power of the Holy Spirit, relates to the daily needs of spirit-sensitive Africans – a message that Luke tried so hard to convey to his readers in the first century. / Thesis (PhD (New Testament Studies))--University of Pretoria, 2006. / New Testament Studies / unrestricted

Prior to the current constitutional dispensation, the development of South African administrative law was restricted by the doctrine of Parliamentary Sovereignty. Even in that comparatively 'hostile' environment, review for unreasonableness developed as an aspect of judicial review, and was applied as a check on the exercise of administrative power in certain circumstances. The principle of proportionality as an aspect of review for unreasonableness also developed during this period. With the advent of the new Constitutional dispensation, the framework within which administrative law in South Africa operates became one governed by Constitutional Supremacy. The Rights to Just Administrative Action, including a right to reasonable administrative action, were entrenched in the Constitution. Review for unreasonableness is an important aspect of administrative law in the present Constitutional dispensation as the mechanism for protecting the Constitutional right to reasonable administrative action. Proportionality is an important principle underlying the Bill of Rights as a whole, and it is an important aspect of the right to reasonable administrative action, and of review for unreasonableness. In early 2000, the Promotion of Administrative Justice Act No. 3 of 2000 ("the PAJA"), was passed by Parliament in fulfillment of the Constitutional requirement to pass legislation to give effect to the constitutional rights to Just Administrative Action. This thesis examines whether or not review for unreasonableness, and proportionality as an aspect of review for unreasonableness, have been meaningfully incorporated in the PAJA, and if they have not been, what potential remedies there might be. This is done by examining the basis of judicial review both before and under the current constitutional dispensation; defining unreasonableness, and proportionality; examining the content of the right to administrative action which is "justifiable in relation to the reasons given" in section 24(d) of the Interim Constitution and the right to reasonable administrative action in terms of section 33(1) of the Final Constitution; examining the application of review for unreasonableness and proportionality by the Courts both before and under the current constitutional dispensation; examining the content of judicial review incorporated in the PAJA and the drafting history of section 6(2) of the PAJA which relates to review for unreasonableness; drawing conclusions regarding whether or not review for unreasonableness and proportionality were meaningfully incorporated in the PAJA; and finally making recommendations with regard to review for unreasonableness and proportionality in light of the provisions of the PAJA.

The current study aimed to examine subgroups with different levels of attentiondeficit/hyperactivity disorder-symptoms and anxiety symptoms and how these differedregarding involvement in delinquent behavior, aggression and commitment of violent acts.We hypothesized that four subgroups would be identified, and the subgroup with high levelsof both ADHD and anxiety symptoms would report equal levels on total delinquency asadolescents with ADHD only and that it would be mostly common among adolescent boyswith ADHD to have concurrent anxiety symptoms. We also hypothesized that symptoms ofhyperactivity/impulsivity would be more related to the predicted outcomes than symptoms ofinattention. The study was conducted through self-reports of 1072 adolescent boys and girlsfrom a community-based sample in Sweden. The results of the k-mean cluster analysisrevealed four different subgroups with different levels of ADHD and anxiety symptoms,labeled ADHD-anxiety, ADHD-only, anxiety-only and non-symptom. Further, one-wayAnalysis of Variance (ANOVA) revealed that the ADHD-only subgroup reportedsignificantly higher on total delinquency and aggression than the other subgroups. ADHDanxietysubgroup reported significantly higher on minor property offenses and commitment ofviolent acts. 2x4 Factorial ANOVA revealed that anxiety were more common amongadolescent boys. Thus, inattention was found to be more strongly related to the predictedoutcomes than symptoms of hyperactivity/impulsivity. These findings suggest thatadolescents with concurrent ADHD and anxiety might need different intervention andtreatment approaches.

This thesis will answer, “How do ethnic labels function in the Gospel of John?” In order to answer this question properly, this thesis draws on social-scientific theories on ethnic groups, deviancy, and labeling. The primary examples of ethnic labeling for this thesis are John 4:9 and 8:48. In each instance, members from “the Jews” (ʼΙουδαῖοι) and “Samaritans” label Jesus as a member of each other’s group. The Gospel of John’s dual ethnic labeling of Jesus participates in a history of discourse between “the Jews” and “Samaritans.” Both people groups adhere to an “us” versus “them” mentality because they both identify themselves as Israelites while rejecting the other group’s claim to that identity. The parameters of the discourse are determined by not only how each ethnic group identifies themselves but particularly how they construct the category for the other’s group. Once the parameters of discourse are in place, then we can address the function of ethnic labels in the Gospel of John. On both occasions Jesus is labeled because he deviates from what are deemed to be acceptable practices as a member of “the Jews.” The function of Jesus’s dual ethnic labeling in the Gospel of John is to establish a new pattern of practices and categories for the “children of God” who are a trans-ethnic group united as a fictive-kinship and who are embedded within the Judean ethnic group’s culture and traditions. The Johannine Jesus is portrayed as “the Jews’” Messiah (1:45; 20:31), who brings “salvation from the Jews” (4:22), and who is “the savior of the world” (4:42). The Gospel of John presents Jesus as broadening the more restrictive boundaries within “his own people” (1:11) in order to “draw all people to myself” (12:32).

International teaching assistants (ITAs) are considered advanced English users with relatively high standardized language proficiency test scores. However, they may experience difficulties during their interactions with undergraduate students. Some of these difficulties may arise from affective factors such as ambiguity, stress, and adjustment and can impact language use. From an individual differences perspective, a second language user with high communication anxiety may have difficulty comprehending or producing appropriate pragmalinguistic forms. Using a mixed-methods approach, this study examined the underlying factors in ITAs communication anxiety and willingness to communicate in the US classroom and how these factors explained their pragmatic competence, which refers to the ability to use language in socially appropriate ways. A total of 289 ITAs participated in the study. To measure their judgement of appropriateness, a pragmatic appropriateness test was designed. The speech act production was elicited through a discourse completion test. Two survey instruments were designed to measure ITAs’ classroom communication anxiety and willingness to communicate. The major underlying factors from the exploratory factor analysis performed on the survey responses were ‘ease of communication,’ classroom management anxiety,’ ‘fear of warning,’ and ‘willingness to interact with students’. A six-predictor multiple regression analysis revealed that linguistic competence was the most important factor contributing to pragmatic competence. Other factors such as ease of communication and willingness to communicate positively correlated with pragmatic competence. In addition to quantitative data, qualitative data were collected in the form of classroom observations, field notes, and interviews from a group of ITAs (N = 4) who had also participated in the quantitative part of the study. The analysis of the qualitative data revealed that the situational context of instruction determined the particular communication patterns in different disciplines, specifically the impact of threat posed to the negative and positive face of the discourse participants. Additionally, in conjunction with the quantitative findings, while the ITAs seemed to be generally willing to interact with students, teacher-fronted talk in the form of delivering lectures and self-talk especially in large classes was found to be anxiety-inducing for some of them. Length of residence and opportunities for communication seemed to influence the process of adjustment and acquisition of the classroom pragmatic norms. Finally, ITAs’ perceptions and beliefs about appropriateness seemed to affect their pragmatic performance in the classroom. More specifically, ITAs’ perspectives on education and communication such as moderating the power variable in class and building rapport and interpersonal relationships with students through casual talk seemed to guide their choices of pragmalinguistic forms and politeness strategies. The study offered a number of implications for ITA research and training.

In the twentieth century, a dynamic expansion of its activities and powers has made government a major supplier of information on an enormous range of topics of concern to citizens. Unfortunately, the information which it provides is not always completely reliable: sometimes it is inaccurate, and government is powerless to protect the citizen from the consequences; at others, it proves misleading because government chooses later to disown it. The purpose of this thesis is to analyse the legal remedies available to citizens misled by government information. The analysis has two principal areas of investigation. First, consideration is given to the means whereby the citizen may be able to hold government bound by information which it has provided to him. Separate treatment is given to the situations in which the misleading information deprives the citizen of a benefit or inflicts on him a loss, and in which it subjects him to the risk of criminal liability. Secondly, consideration is given to the possibility of holding government responsible in damages for the consequences of its information being misleading. Of central importance in this wide-ranging analysis is the issue of the proper role of the courts. This stems from the fact that complaints about misleading government information frequently involve challenges to government decisions. Thus the majority of attempts by citizens to hold government bound by its information are generated by the making by government itself of a decision inconsistent with that information. Again, attempts to hold government responsible in damages for the consequences of providing misleading information commonly involve an allegation that a particular government decision relating to the provision of that information was negligent. It is emphasized throughout this thesis that the courts should refuse assistance to a citizen whose complaint of misleading government information is directed essentially towards a government decision, where that decision involves a determination of the priority of competing interests and values represented in society. The provision of a remedy in such a case would enable the courts effectively to review the choices embodied in value-laden government decisions, and as such would facilitate an unwarranted extension of their constitutional role. / Law, Peter A. Allard School of / Graduate

After defining speaker commitment as it pertains to propositional truth in speech acts and exploring influences and motivations that may effect speaker commitment, this thesis will introduce and define modality in the context of actual speech.

The present study is an exploratory cross-sectional study of interlanguage pragmatic development of expressions of gratitude, specifically, gratitude after receiving a favor. Expressing gratitude is a speech act that is taught at an early age and is commonly performed by native speakers of most languages. It is, thus, often assumed that learners can successfully say thank you in the target language. However, studies show that even advanced learners have difficulty adequately expressing gratitude. The objectives of the present study are: (a) to investigate how native speakers of Chinese and native speakers of English express gratitude as defined by length of speech and use of strategies; (b) to examine whether there is evidence of pragmatic development in the speech act behavior of expressions of gratitude among Chinese learners of English with the increase of the length of residence in the United States; and (c) to examine whether there is evidence of pragmatic influence from L1 Chinese in English expressions of gratitude among Chinese learners of English. The data were collected through a discourse completion task questionnaire. Subjects' responses were classified into eight thanking strategies. Descriptive and t-test analyses were conducted to identify the pragmatic differences that distinguished the behavior of the three English learner groups, which varied according to their length of stay in the United States, from that of Chinese and English native speakers. The results show that Chinese and English native speakers have different preferences for thanking strategies in the eight situations. They are significantly different in the length of speech and use of strategies. In addition, there is a positive effect of the length of residence in the United States on English learners' pragmatic development. The results also show evidence of pragmatic influence from L1 Chinese. Moreover, contextual variables, social status, familiarity and imposition, have a significant influence on the length of speech and the use of strategies for all subject groups.

[pt] Os atos de fala na clínica psicanalítica sintetizam a articulação empreendida no presente trabalho entre a vertente pragmática da filosofia da linguagem e a clínica psicanalítica, tendo como pano de fundo a obra freudiana. A teoria austiniana dos atos de fala se contrapõe a toda a filosofia da linguagem que a precedeu, ao afirmar que a linguagem não tem apenas uma função de representação do mundo ou do pensamento, tampouco de descrição ou relato de fatos. Falar é uma forma de agir no mundo e, como toda ação, produz efeitos, mudanças e transformações. Na clínica psicanalítica encontramos um reduto onde se pode perceber na prática e de forma clara esta característica da linguagem humana: nela a fala assume todo seu poder de ato, sendo o modo pelo qual as mudanças se produzem. / [en] With the speech acts in psychoanalytic clinic we summarize our link between the pragmatic point of view on language studies and psychoanalytic clinic, where we use Sigmund Freud s work as background. The Austin s theory of speech acts oppose the whole language philosophy which preceded him, saying that the language s function is not just to represent the world, the thoughts, or to describe facts. To speak is a way to act in the world, and as all acts it has effects, and starts transformations and changes. We can see clearly within psychoanalytic clinic this feature of human language, where the speech take all it s act power, being the way by which changes is made.