This thesis considers the differences in the political relationship between Canada and Indigenous peoples as established in Treaty Six (1876) by Alexander Morris and that of the Indian Act (1876) as driven by David Laird and Electoral Franchise Act (1885) by John A. Macdonald. Through using historical and contemporary sources related to Treaty Six, and House of Commons debates related to the two Acts, this thesis argues that the relationship as established in Canadian policy and conceived of by Canadian politicians of Treaty Six was akin to a “nation-to-nation” relationship, and that the Indian Act and Electoral Franchise Act represent a turning away from this toward a less equitable relationship that placed Canada above Indigenous polities. This thesis also shows that within the Canadian political mainstream there was considerable dissent to this turning away from more equitable relationships, as shown by the continued opposition by politicians less well-known today such as William Paterson. / Graduate / 2019-08-28

Este trabalho pretende discutir o conceito de ato em psicanálise a partir das proposições de Freud e Lacan. Analisaremos o conceito de ato partindo de quatro categorias; as atuações, (acting out e passagem ao ato) o ato relacionado diretamente ao desejo denominado por Lacan de verdadeiro ato (que inclui o ato analítico) e o ato falho enquanto uma formação do inconsciente. No primeiro capítulo, parte-se da conceituação de ato em psicanálise analisando a relação entre ato e repetição. Posteriormente, propõe-se uma reflexão da repetição a partir dos conceitos de transferência e resistência. No capítulo três, investiga-se a relação entre ato e desejo em psicanálise. O trabalho visa discutir a articulação entre palavra e ato, apostando na ética do bem-dizer proposta pela psicanálise como forma e barrar o gozo presente nas atuações ou nas inibições do verdadeiro ato. / The aim of this paper is to present and discuss the concept of act in psychoanalysis considering Freud and Lacans propositions. The author analyses the concept of act taking four categories of unconscious acts as a starting point; the acting out, the passage à lacte, the act intrinsically related to what Lacan calls the true wish and finally the Freudian slip. The first chapter introduces the theoretical concept of act in psychoanalysis considering the relation between act and repetition. Then the author suggests a reflection about three related points: transference, resistance and repetition. The third chapter investigates the relation between the concepts of act and wish according to the psychoanalytical theory. Based on clinical cases in which acts precede the analysis, it could be said that the analytical process would enable an articulation through the act of speech. Considering the description of a clinical case, the article aims to discuss the effect of the significant articulation in the analytical work, which includes an implicit interdiction as to the act in its fundamental rule: the free association.

Este trabalho pretende discutir o conceito de ato em psicanálise a partir das proposições de Freud e Lacan. Analisaremos o conceito de ato partindo de quatro categorias; as atuações, (acting out e passagem ao ato) o ato relacionado diretamente ao desejo denominado por Lacan de verdadeiro ato (que inclui o ato analítico) e o ato falho enquanto uma formação do inconsciente. No primeiro capítulo, parte-se da conceituação de ato em psicanálise analisando a relação entre ato e repetição. Posteriormente, propõe-se uma reflexão da repetição a partir dos conceitos de transferência e resistência. No capítulo três, investiga-se a relação entre ato e desejo em psicanálise. O trabalho visa discutir a articulação entre palavra e ato, apostando na ética do bem-dizer proposta pela psicanálise como forma e barrar o gozo presente nas atuações ou nas inibições do verdadeiro ato. / The aim of this paper is to present and discuss the concept of act in psychoanalysis considering Freud and Lacans propositions. The author analyses the concept of act taking four categories of unconscious acts as a starting point; the acting out, the passage à lacte, the act intrinsically related to what Lacan calls the true wish and finally the Freudian slip. The first chapter introduces the theoretical concept of act in psychoanalysis considering the relation between act and repetition. Then the author suggests a reflection about three related points: transference, resistance and repetition. The third chapter investigates the relation between the concepts of act and wish according to the psychoanalytical theory. Based on clinical cases in which acts precede the analysis, it could be said that the analytical process would enable an articulation through the act of speech. Considering the description of a clinical case, the article aims to discuss the effect of the significant articulation in the analytical work, which includes an implicit interdiction as to the act in its fundamental rule: the free association.

Magister Philosophiae - MPhil / The main aim of this study is to analyse how traditional African practices relating to child marriages violate the South African legal framework in the face of HIV/AIDS, as well as assessing it's response to child marriage in compliance with international and regional human rights standards. The specific objectives are: 1) To analyse traditional African practices in relation to child marriages in South Africa. 2) To discuss international and regional standards on the protection of child marriages linked to harmful cultural practices. 3) To show how different traditional African practices relating to child marriages violate the South African legal framework in light of international human rights standards.

Magister Philosophiae - MPhil / There is overwhelming evidence that South Africa’s rivers are heavily polluted, a situation which is attributable to a large degree to poorly functioning and inefficiently managed waste water treatment works in municipalities. The evidence suggests, furthermore, that municipalities often do not comply with their constitutional obligation to provide water services in a sustainable manner and promote a safe and healthy environment. Such non-compliance infringes on people's constitutionally guaranteed rights to a pollution-free environment and equitable access to sufficient and safe water. The problem is that municipalities are not properly managing the waste water treatment works (WWTWs) and not regulating industrial discharge into these works in accordance with the prescribed national norms and standards. The National Water Act 36 of 1998 and other related Acts provide for legal and informal enforcement mechanisms that criminalise acts of pollution. However, none of them have been effective in enforcing municipal compliance with the national norms and standards of effluent management. There are two main reasons for this. First, the constitutional structure does not allow the Minister responsible for water management to exercise direct supervision of the municipalities despite the functional relationship the Department of Water and Sanitation has with municipalities in respect of water. Secondly, the Constitution (1996) instructs the spheres of government to avoid legal processes and cooperate with one another by intervening to execute the function if the sphere responsible for the function lacks capacity. This thesis explores the possible use of two statutory instruments of cooperative government and intergovernmental relations as strategies to complement and support the conventional enforcement measures in the water sector: the establishment of water intergovernmental forums; and the use of implementation protocols to supervise municipalities that chronically lack capacity as a way of providing targeted support and monitoring to facilitate an effective compliance and enforcement regime in the water sector.

La passe est le dispositif inventé par Lacan pour tenter de saisir et d’éclairer l’émergence du désir de l’analyste. Ce moment électif, où le psychanalysant passe au psychanalyste, Lacan le nomme acte analytique. En 1971, Lacan nous fait une proposition pour le moins surprenante : grâce à son art, l’écrivain James Joyce en serait arrivé au même point que l’analysant en fin de cure. La passe déborde-t-elle la situation analytique et concerne-t-elle la création artistique ? Dès lors, peut-on penser qu’il existe un lien entre acte de création et acte analytique ?Afin de montrer en quoi l’acte de création du compositeur A. Schoenberg est concerné par les enjeux de la passe, nous avons choisi d’extraire trois points cruciaux : le rapport au savoir, la cause du désir et le symptôme. Les écrits d’A. Schoenberg nous permettent d’avancer que son acte de création présente des similitudes avec ce qu’on peut attendre d’un analysant ayant accompli la passe. Il témoigne d’une mutation dans son rapport au savoir nécessaire à l’invention d’un système compositionnel inédit. C’est en suivant une nécessité intérieure (cause du désir), qu’il parvient à révolutionner les lois de la composition. La musique d’A. Schoenberg se présente comme un savoir-y-faire avec le réel. Elle lui assure le fait qu’il ne peut être réduit au savoir ou à la jouissance de l’Autre (symptôme). A. Schoenberg n’est pas sans paradoxe. Il se construit une version mystique, messianique (métaphore délirante) de ce qui le pousse à la création. Sa musique lui permet de mettre à l’abri sa singularité, tout en ne faisant pas complètement voler en éclat le lien social. / The Pass is the procedure invented by Jacques Lacan in an attempt to seize and understand how emerges the desire of the analyst.Lacan named Analytic Act the point at which the subject passes from the position of the analysand to the position of the analyst. In 1971, Lacan suggested a surprising proposal: thanks to his art, the writer James Joyce would have attained the same point as the analysand reaching the end of his analytic cure. Does the Pass extend beyond the analytic situation and could it be related to the artistic creation? Consequently, does it exist a link between the act of creation and the analytic act?In order to show in what way the act of creation of the composer A. Schoenberg maintains connections with the issues of the Pass, we chose to extract three crucial points: the relation to knowledge, the cause of the desire and the symptom.A. Schoenberg’s writings allow us to assert that his act of creation shares some similarities with what is awaited from the analysand going through the Pass. He there attests a change in his relation to the knowledge required to create an original compositional system. He succeeds in subverting the composition laws guided by an inner necessity (cause of desire). A. Schoenberg’s music presents itself as a handling mode of the real. It is for him a safe means not to be reduced to the Other’s knowledge or jouissance (symptom). A. Schoenberg is not without paradox. He builds a mystical and messianic version of what drives him to create (delirious metaphor). His music enables him to protect his singularity, without destroying the social link.

This dissertation endeavours to provide a practicable method to evaluate any existing or proposed irrigation water use against the purpose of the National Water Act (Act 36 of 1998) (NWA) as described in section 2. It firstly focuses on section 2(d) of the NWA, which requires the promotion of efficient, sustainable and beneficial use of water in the public interest. Although the evaluation of the degree to which this purpose is being achieved by a specific irrigation water use is the topic of this dissertation, it is further argued that by viewing this aspect comprehensively enough, it actually covers five other requirements of section 2, concerning irrigation water use. The efficiency and effectiveness of the irrigation operation is evaluated. It includes irrigation technology aspects, the efficiency of the relevant irrigation systems and water supply infrastructure, irrigation management skills and the proper application of best management practices by the irrigator that determines the overall efficiency and effectiveness of the irrigation operation. Aspects that determine sustainability of the particular water use that are included in the evaluation, entail among others the protection of the water resource (surface and groundwater) and other natural resources, the riparian habitats and all relevant aquatic ecosystems. Other aspects concerning sustainability are the prevention and control of the chemical pollution of the water and soils resources through the irrigation process, as well as salination and water-logging of land through wrong agricultural and irrigation practices. A further aspect is investigated here for a particular water use namely whether it really represents beneficial use in the public interest, by analysing the socio-economical and political considerations unique to every particular situation. This also requires the consideration of intangible benefits and costs, which are by nature subjective and for which the specific requirements will differ from the one situation to the other. In order to provide a procedure that is transparent and consistent enough to withstand any challenge from users or proposed users in this regard, it has been decided to utilise amongst others the BBBEE scorecard, which has been developed and is presently being implemented by government, also in terms of section 27(1)(b) of the NWA. / Dissertation (MEng)--University of Pretoria, 2008. / Civil Engineering / unrestricted

This study deals with the impact of Labour Relations Act (Act 66 of 1996) at Vista University (Mamelodi Campus) from the year 1981-2004. Vista University was an academic institution which was established in 1981 under the Vista University Act (Act 106 of 1981). The dissertation has convincingly argued that the management of Vista University needed to comply with the principles of the Labour Relations Act (Act 66 of 1995). The study has shown that the Act had a negative impact on the employee-management relationship. The study proposes and recommends that the management should create a good labour relationship, manage conflict between employers and employees, maintain effective communication, and promote ethical behaviour and collective bargaining. The study, further, notes that principles of conflict resolution subjected to the Labour Relations Act (Act 66 of 1995) should be applied in a fair way and the techniques for attainment of conflict such as avoidance, accommodation be applied to resolve a situation. / Dissertation (MAdmin (Public Administration))--University of Pretoria, 2007. / School of Public Management and Administration (SPMA) / unrestricted

In 1869-70 the Métis of the Red River region in Manitoba resisted the transfer of their homeland from the Hudson’s Bay Company to Canada. The Métis people responded to this transfer by blocking Canadian surveyors, government officials, and taking control of the territory through the establishment of representative institutions. Eventually, the Métis negotiated favourable terms with Ottawa which, this thesis argues, represented according to law, and to the Métis, a treaty. This thesis argues that this treaty was intended to protect the Métis homeland and provide political and social protections. The Manitoba Métis Treaty was intended to guarantee the Métis a land base in Manitoba the total size of which was to be 1.4 million acres. The reservation of this land came with protective obligations so that the entire community would receive a benefit from such lands. While Canada has developed a body of treaty law which will be used to interpret the Manitoba Métis Treaty, matters were convoluted by the enshrinement of this treaty agreement in the Manitoba Act of 1870, a document which would gain constitutional status a year later. The impact of this legislative history has led some researchers to link government obligations entirely to the Act, rather than to the negotiated agreement. Indeed, it would seem that the negotiations have been, for the most part, understood as nothing more than conversations. I reject that position and argue that both the negotiations and the Act must be taken into consideration when assessing the obligations undertaken by the Crown. The unique history of the Manitoba agreement means that Canada was under both constitutional and treaty law obligations to uphold the negotiated agreement between itself and the Métis. This thesis argues that not only is the treaty the correct legal interpretation of the events of 1869-70 but that the government of Canada failed to honour its commitments in several meaningful ways. The approach utilized in this thesis is designed to be reliant upon the basic structure and doctrines of Canadian law but to do so in a manner which gives weight to the Métis voice. It is neither a critique which is wholly internal to Canadian law nor is it completely dismissive of Canadian law. Instead, this thesis will illustrate that with only minor adjustments to the application and interpretation of colonial law, the Manitoba Métis Treaty could find a more receptive audience in Canadian legal thought. In the face of a reasonable alternative, such a project can allow other researchers to question why the courts have chosen a path which denies reception of Métis voice, community and culture in Canadian law.

This thesis deals with the development of the bankruptcy laws in the Czech lands. Thesis discusses the post-revolutionary period, in which centrally planned economy in the Czech Republic returned to market economy. It is discussing critique, shortcomings and amendments of bankruptcy law formed in 1991 by law on the Bankruptcy and Arrangements. The complete change of imperfect legislation followed in a form of Czech Insolvency Act. It addressed critique from the professional community and international institutions led by European Central Bank. Thesis approaches and clarifies issues surrounding new Insolvency Act. It brought a remediation solutions for bankruptcy, especially restructuring, that was lacking in Czech legislation until then. The concrete case of enterprise restructuring of company CP Praha, s.r.o. is discussed in practical part. It evaluates the procedure, satisfaction of creditors and overall assessment of the whole process.