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171	The impact and influence of the constitutional court in the formative years of democracy in South Africa Maduna, Penuell Mpapa 06 1900 (has links) The objective of this thesis is to assess the impact and influence of South Africa's Constitutional Court in the first two years of our democracy. To achieve this objective, some of the definitive and controversial cases already decided by the Court have been selected and analysed in an attempt to glean some jurisprudential perspectives of the Court. It focuses on the work of the Court over the past two years. It deals with the evolution of South Africa into a democracy, and analyzes the South African legal system prior to the beginning of the process of transformation. It briefly surveys the evolution of our constitutional system, dating back from the pre-1910 colonial period and provides a broad outline of the legal system in the post-April 1994 period of transformation. It analyzes the Court from the point of view of, inter alia, its composition, jurisdiction and powers. The Court is also contrasted with courts in other jurisdictions which exercise full judicial review. The Court's emerging jurisprudence is examined. A review is made, inter alia, of the Court's understanding of, and approach to, the questions of the values underpinning the post-apartheid society and its constitutional system, and constitutional interpretation. The right against self-incrimination and South African company law and the two relevant Constitutional Court cases are discussed. The collection of evidence by the State and the constitutionality of provisions relating to search and seizure and the taking of fingerprints are looked into. The Court's approach to statutory presumptions and criminal prosecutions; some aspects of our appeals procedures; an accused's right to be assisted by a lawyer at state expense; the question of a fair trial and access to information; capital punishment; corporal punishment; committal to prison for debt; and the certification of constitutions is analyzed. Two of the cases in which the provinces clashed with the national government on the distribution of posers between provinces and the national government are discussed. The conclusion is that the Court has, overall, hitherto acquitted itself well in the handling of particularly the controversial quasi-political questions that arose in the cases it has decided. / Constitutional, International and Indigenous Law / L.L. D. (Law) Constitutional court Constitutionalism Parliamentary sovereignty Franchise Presumption of innocence Right to a fair trial Right to life Capital punishment Corporal punishment Imprisonment for debt Formal and substantive equality 347.12068 Constitutional courts -- South Africa Constitutional law - South Africa Constitutional history -- South Africa Democracy -- South Africa
172	Towards the abolition of the death penalty in Africa: A Human Rights perspective Chenwi, Lilian Manka 06 October 2005 (has links) The death penalty has been an issue of debate for decades and it is of great relevance at present. Different reasons have emerged that make recourse to the death penalty appear necessary, such as, that it serves as a deterrent, it meets the need for retribution and that public opinion demands its imposition. Conversely, more convincing arguments have been raised for its abolition, amongst which is the argument that it is a violation of human rights. Africa is seen as one of the “death penalty regions” in the world, as most African states still retain the death penalty despite the growing international human rights standards and trends towards its abolition. Further, the African Charter on Human and Peoples’ Rights makes no mention of the death penalty. The death penalty in Africa is therefore an issue that one has to be particularly concerned about. During the 36th Ordinary Session (2004) of the African Commission on Human and Peoples’ Rights, for the first time, the death penalty was one of the issues discussed by the Commission. Commissioner Chirwa initiated debate about the abolition of the death penalty in Africa, urging the Commission to take a clear position on the subject. In view of this and the international human rights developments and trends on the death penalty, discourses on the abolition of the death penalty in Africa are much needed. Accordingly, this study examines the death penalty in Africa from a human rights perspective. It seeks to determine why African states retain the death penalty, the ways in which the current operation of the death penalty in African states conflicts with human rights, what causes obstructions to its abolition in Africa, and whether it is appropriate for African states to join the international trend for the abolition of the death penalty. The current status and operation of the death penalty in Africa is first examined. The historical background to the death penalty in Africa from a traditional and western perspective is also discussed. Subsequently, the main arguments advanced by Africans (including African leaders, writers, priests and government officials) for the retention of the death penalty in Africa are evaluated. The study goes further to examine the death penalty in African states in the light of the right to life, the prohibition of cruel inhuman and degrading treatment and fair trial rights at both the international and national levels. After examining the death penalty in African states, the study arrives at the conclusion that it is appropriate for African states to join the international trend for the abolition of the death penalty, considering that the death penalty in Africa conflicts with human rights, the justifications for its retention are fundamentally flawed, and that alternatives to the death penalty in Africa exist. A number of recommendations are then made, which are geared towards the abolition of the death penalty in Africa. / Thesis (LLD)--University of Pretoria, 2006. / Centre for Human Rights / unrestricted Inhuman and degrading punishment Cruel Fair trial Torture Life imprisonment Punishment Execution Oratorium Criminal justice Alternative sanctions Retribution Deterrence Public opinion Retentionist De facto abolitionist Mitigating factor Africa African charter African commission Extenuating circumstance Right to life Human rights Abolition trends Abolition Capital punishment Death penalty UCTD
173	Zločin a trest u Cesare Beccarii: Analýza osvícenské trestněprávní reformy / Crime and Punishment in the Eyes of Cesare Beccaria: An Analysis of an Enlightenment Penal Law Reform Bojar, Tomáš January 2016 (has links) Crime and Punishment in the Eyes of Cesare Beccaria An Analysis of an Enlightenment Penal Law Reform The Ph.D. dissertation is centred around a relatively concise, but extremely influential book: Cesare Beccaria's treatise On Crimes and Punishments (Dei delitti e delle pene). This work, first published in 1764, sums up in a clear, yet intellectually penetrating way all the main Enlightenment principles of a complex penal law reform. In its time, the book was not only of great philosophical importance and it not only changed the way western societies perceived crime and punishment, but it also served as a concrete guideline for various penal law reformers. It is therefore by no means an overstatement to say that it caused a true paradigm shift in both legal and moral philosophy. The main aim of the thesis is to give a legal-philosophical account of Beccaria's thoughts on crime and punishment, to examine their historical as well as moral background and show the actual impact they had on the legislation of many different, mainly European states. The first chapters of the dissertation are focused on Beccaria's life, his intellectual background and his formative influences (particularly the French, English and Scottish Enlightenment, the social contract theory, utilitarianism, Montesquieu's thoughts on penal...
174	Zločin a trest u Cesare Beccarii: Analýza osvícenské trestněprávní reformy / Crime and Punishment in the Eyes of Cesare Beccaria: An Analysis of an Enlightenment Penal Law Reform Bojar, Tomáš January 2016 (has links) Crime and Punishment in the Eyes of Cesare Beccaria An Analysis of an Enlightenment Penal Law Reform The Ph.D. dissertation is centred around a relatively concise, but extremely influential book: Cesare Beccaria's treatise On Crimes and Punishments (Dei delitti e delle pene). This work, first published in 1764, sums up in a clear, yet intellectually penetrating way all the main Enlightenment principles of a complex penal law reform. In its time, the book was not only of great philosophical importance and it not only changed the way western societies perceived crime and punishment, but it also served as a concrete guideline for various penal law reformers. It is therefore by no means an overstatement to say that it caused a true paradigm shift in both legal and moral philosophy. The main aim of the thesis is to give a legal-philosophical account of Beccaria's thoughts on crime and punishment, to examine their historical as well as moral background and show the actual impact they had on the legislation of many different, mainly European states. The first chapters of the dissertation are focused on Beccaria's life, his intellectual background and his formative influences (particularly the French, English and Scottish Enlightenment, the social contract theory, utilitarianism, Montesquieu's thoughts on penal...
175	Belief in Karma and Political Attitudes Östervall, Albin January 2022 (has links) Many scholars have discussed the sociopolitical consequences of belief in karma but few have investigated such relationships quantitatively. This study aims to establish empirical patterns concerning the connection between karmic beliefs and attitudes related to (i) political ideology, (ii) ableism, and (iii) views on the death penalty. The study’s theoretical framework is based on a Weberian approach to the study of beliefs (viewing beliefs as having attitudinal implications) and the theory of motivated social cognition. It uses original survey data from an MTurk sample of 330 Indians, which is analyzed through a series of regression models. When using demographic variables as controls, karmic beliefs are shown to correlate significantly (p<0.001) with three conservative dispositions (status quo conservatism, laissez-faire conservatism, authoritarianism); political approval of the Hindu nationalist Bharatiya Janata Party; ideological self-placement; ableist attitudes, and with disapproval of the death penalty. Karmic beliefs are also shown to correlate significantly with social class, and with right-wing views across both social classes and castes. Given these findings, I argue that karmic beliefs are likely to affect various political outcomes in India via their role in shaping the moral and political frameworks of the Indian population. karma karmic belief political attitudes ideology India Indian politics conservative dispositions caste caste system varnas political psychology political sociology conservatism laissez faire authoritarianism status quo conservatism equality BJP motivated social cognition Weber death penalty capital punishment ableism ableist attitudes personal responsibility samsara ahimsa retributivism theodicy just world belief karmic causation justice reasoning legitimizing myth legitimizing ideology Hinduism Hindutva politics religion karma index Political Science Statsvetenskap
176	Přístupy k smrti a k pohřbívání v různých historických epochách lidstva / The View of the Death in the Thought Conceptions in the Course of History PŮBALOVÁ, Ludmila January 2008 (has links) Dissertation .. The approaches towards death and burial in different historical epochs of mankind dealing with a view of death in intellectual conceptions during the history. People have been engaged in the question of life and deaths for ages. It is one of the oldest, the hardests and the most fundamental questions which are asked. We can think of the death in two levels: a general and a personal. The comprehension of deaths was developing in history. Thesis traces, what affected and how it is possible, that the today`s subject of personal death states taboo, even if masmedia floods us with death of others. For understanding, the thesis goes throught history. From the methodological aspects it follows the time line, divides the history into ancient world, the Middle Ages and modern period, as well as on horizontal line following individually nations and their intellectual directions.

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