Title: The basic aspects of self-defence Objectives: The principal aim of this thesis is describe the basic aspects of self-defence, like criminological factors, phases of conflict, expression of stress and the legal problems of self-defence. Methods: Application, processing and interpretation of informations from scholarly publications. Results: The result of this thesis is summary of individual aspects of self-defence in common civil life. Keywords: self-defence, conflict, circumstances excluded lawlessnes

Pacta sunt servanda.Il fut un temps, où la règle qui dominait le champ contractuel était, «Conventio omnis intelligitur rebus sic stantibus». Selon cette maxime, les dispositions d'un contrat ne restaient applicables que si les circonstances essentielles ayant justifié sa conclusion demeuraient en l'état. Désormais, selon l’article 1103 du Code civil, les contrats légalement formés tiennent lieu de loi à ceux qui les ont faits («pacta sunt servanda»). Ce principe est à double tranchant puisqu’il s’applique à la fois aux parties et aux juges, notamment lorsqu’un changement de circonstances s’opère comme dans le cas de l’imprévision. Celle-ci est un changement imprévu dans l’équilibre contractuel rendant l’exécution du contrat beaucoup plus onéreuse que ce qui était initialement prévu. Son corollaire américain pourrait être trouvé dans la notion d’impracticability. Celle-ci permet à un contrat d’être déchargé de ses obligations si, suite à sa conclusion, un événement imprévisible survient et rend son exécution impossible, ou beaucoup plus onéreuse que ce qui avait été prévu. Quel est l’effet, aujourd’hui, d’un changement de circonstances sur la force obligatoire du contrat en droit français et en droits internationaux? Le discours de la méthode.Le droit comparé aide à l’évolution juridique. Il est important, de comprendre la vision d’autres systèmes, afin de conforter ou, au contraire, d’infirmer une opinion sur son droit national. Pour Édouard Lambert, comparatiste français, cela permet d’obtenir des solutions plus justes. Mais surtout, cela permet d’avoir une approche critique de son propre droit et de s’ouvrir à d’autres réponses juridiques. Cela est particulièrement vrai concernant l’imprévision qui, pendant longtemps, a été rejetée par le système juridique français.Le système de la common law, quant à lui, l’avait déjà intégré. Le sujet de l’imprévision est particulièrement intéressant du fait de son histoire.Celui-ci n’a jamais cessé de faire controverse, et ce, même après l’adoption de l’ordonnance du 10 février 2016. La difficulté ici sera de départir de son ethnocentrisme juridique, et de ne pas tomber dans le piège de la traduction. Il faudra prendre garde à ne pas chercher l’équivalent absolu de l’imprévision dans la notion d’impracticability.Dans cette étude, nous avons passé en revue les circonstances changeantes dans les contrats commerciaux internationaux. Nous avons examiné les lois internationales, en particulier dans certains pays du Printemps arabe. Nous avons essayé d'analyser le problème juridique et de trouver des solutions. / Pacta sunt servanda, is a basic principle of civil law, canon law, and international law, in its most common sense, the principle refers to private contracts, stressing that contained clauses are law between the parties, and implies that no fulfillment of respective obligations is a breach of the pact.This principle is double-edged since it applies to both parties and judges, particularly when a change of circumstances occurs as in the case of unforeseen circumstances.This is an unforeseen change in the contractual balance making the execution of the contract much more expensive than originally planned. His American corollary could be found in the notion of impracticability.This allows a contract to be discharged from its obligations if following its conclusion an unforeseeable event occurs and makes its execution impossible or much more expensive than expected.What is the effect today of a change in circumstances on the binding force of the contract in French law and in international law?In this study we will analyze the circumstances that effect in the contracts of international business, including the hardship and the force majeure also we will talk about the French law and international laws including the laws in the Arabic spring countries, we will analyze that and find out the solutions for it.

The thesis deals with the pension system evolution in France. Its main objective is to provide the detailed description concerning the development of the French social security system especially focused on the social security for elderly people. The contemporary pension system is the result of the long evolution lasting for centuries. Despite the fact that it is also based on obligatory participation, a lot of differences can be found by comparison to the other European countries. The system in France consists of several independent systems that are governed by different rules. This plurality finds its principal origin in the Napoleonic era when the first pension schemes for some specific professions have been settled. The variability of pension benefits for different groups of insured persons was the main cause why the concept of one uniform scheme for social insurance has failed after WW2. The first decades after establishing the universal (but not uniform) social security system were characterized by the economic growth and by the exceptionally favourable demographic situation. The difficulties appeared in 70s when the slowdown of the economic growth had a negative impact on labour market. Governments seemed to be preparing the deep system reform to solve the social system revenue decline...

Implementation of federally mandated classroom inclusion of students with disabilities (SWDs) in the United States is inconsistent. Research has been limited on how teachers implement inclusion in classrooms, which has prevented systemwide improvements of inclusion practices. The purpose of this basic qualitative study was to describe the circumstances and experiences of regular and special education teachers in 3rd to 6th grade inclusion classes. The theory of organizational learning served as the conceptual framework for the study. Data were collected in interviews with 7 regular education teachers (RETs) and 5 special education teachers (SETs) from 3 public school districts in a south-central U.S. state. Data were analyzed using open coding to identify themes and patterns. Results indicated that SETs served SWDs from multiple classes and sometimes from multiple grades rather than following 1 student throughout the day. Further, RETs had students with and without disabilities from up to 7 different grade levels in their inclusion classrooms. Findings also revealed that none of the participants engaged in collaborative content planning. Almost all participants expressed the need for additional teachers to reduce the teacher-to-student ratio and for more training for RETs to support inclusion of SWDs in their classes. Findings may provide information to leaders at the building, district, regional, state, and legislative levels regarding how inclusion can be improved in classrooms, including how systemic change in public school systems may be implemented.

This study focuses on the influence of mitigating circumstances on the sentencing outcome before and after the McKoy (1990) decision. In McKoy (1990) the Supreme Court decided that the jurors did not have to find mitigating circumstances unanimously. Results are reported based on a sample of North Carolina first-degree murder cases where the state sought the death penalty. Logistic regression is used to determine the importance of mitigating circumstances as predictors of jury decision-making in North Carolina, controlling for the variety of other factors that influence that decision. The descriptive statistics show that the average number of mitigating circumstances submitted and accepted had doubled in the post-McKoy cases. At the same time, the number of aggravating circumstances presented and submitted stayed about the same. The analysis then moved to the consideration of the impact of mitigating circumstances, and whether there had been a change between the two eras. Separate logistic regression analysis revealed that there had indeed been a shift in the effects of aggravation and mitigation, but no in the manner that might have been anticipated, Specifically, in the post-McKoy era, mitigating circumstances had a diminished impact on the probability of a death sentence while, conversely, aggravating circumstances carried an increased impact.

The present thesis concerns middle-aged women’s subjective well-being (SWB). The interest is focused on the importance of childhood factors, social circumstances, and personality for middle-aged women’s general SWB. Data were taken from the longitudinal research program Individual Development and Adaptation (IDA, Magnusson & Bergman, 2000) and concerned a sample of about 300 women. The main analyses were made on data collected at age 43, but data collected at age 13 and age 49 were also used to elucidate the purposes of this thesis. The results can be summarized as follows: 1) In a Swedish sample of middle-aged women, social circumstances had only a moderate effect on general SWB variables. The strongest relationship was found between marital status and global life satisfaction. When personality factors were controlled for, they wiped out nearly all relationships between the social circumstances variables and SWB, except for those between global life satisfaction and marital status or unemployment; 2) The level of general SWB was found to be considerably higher for Swedish employed women as compared to their counterparts in Lithuania and different socio-demographic variables predicted SWB in those two countries. For the Swedish sample, family-oriented variables were the strongest predictors of SWB, while for the Lithuanian sample income and educational level were more important; 3) Results from applying longitudinal structural equation modeling suggested that optimism in adolescence influenced optimism in middle age, which in its turn had both a direct influence on global life satisfaction and an indirect influence via the negative affect dimension. In relation to a number of different adjustment factors measured in adolescence it was found that optimism was the only factor that was constantly related to SWB 30 years later; 4) Typical patterns of general SWB were identified. Cluster analyses at age 43 and age 49 separately resulted in similar well-functioning six cluster solutions at both ages, indicating structural stability across six years. In addition to the typical high/low/average SWB clusters that could be to some degree expected from variable-oriented results, a cluster with intense affect and one with very low GLS emerged. All clusters except the latter one showed individual stability across six years.

The purpose of this study was to examine what previous research says about children’s experiences living in a low-income family. Its aim was to found out what children themselves say about their life living in a low-income family and what consequences, practical and emotional, low-income environment has on children. More specifically our aim was to find out how children themselves experienced their situation compared with their peer’s economical situation. We also wanted to see if there were any differences between what younger and older children say about their situation. Furthermore, we wanted to find out what meaning they added to “normality” and how they related to that phenomenon. The study was based on reviews of nine qualitative studies from Sweden, England, North Ireland and USA – all published between 1998 and 2011, focusing on children and their experiences of poverty. Five themes were identified that seemed to be important for children’s experiences: life circumstances, relationships, children as actors, school and future. The analysis was based on perspective of normality, focusing how impoverished life circumstances put children in a category which deviates from majority of society. Main results demonstrate that there are big differences in how younger and older children experience their situation where older children showed more discontent and the younger children seemed more satisfied about their situation. Overall the children appear as actors which have not given up hope to change and impact their situation – there was a major will to fit in and be like other peers. As a positive aspect the study shows that relationships seemed very important for these children where friends seemed to be a good support and the family ties were strong.

This essay is a selective review of Nordic literature with the aim to explore contemporary conceptions of male-on-female rape, to increase the understanding of how these can construct “a real rape”. To achieve this two questions were formulated: What circumstances can cause an incident not to be defined as rape? What circumstances can cause an incident to be defined as rape? Searches in international and Swedish databases led to initial selection of peer-review journal articles and dissertations that were reviewed against set criteria. These criteria were met by 8 studies, that were assigned codes, from which comprehensive categories were developed. The categories were analysed using Yvonne Hirdman’s concepts gender, separation and male superiority. The analysis shows that circumstances connected to the overall categories Situation, Victim and Offender construct “a real rape”. The circumstances are Relation, Alcohol, Saying no and how it is done, The woman’s sexuality, Resistance, How the woman feels afterwards, Physical violence, and Ordinary, normal and good men. It seems easier to define an incident as rape when these circumstances occur the “right” way. In conclusion, rape is constructed as a rather narrow concept which could make it difficult for women to name experiences as rape.

This study is an investigation of whether familial relationships among offenders and their victims affect capital sentencing. Using a sample of capital cases from North Carolina restricted to familial homicides, logistic regression models are used while controlling for legal and extra-legal factors that influence decision outcomes. Such models of capital sentencing are developed to (1) determine whether familial-victim cases have unique correlates; and (2) whether there are variations in the effects of these correlates across gender. Contradictory to these hypotheses, results suggest that acquaintance and stranger relationships are less likely to receive a capital outcome when compared to familial relationships. Therefore, in North Carolina it appears that familial relationships receive capital outcomes more frequently than other types of victim-offender relationships.

Patientsäkerhet är ett viktigt ämne inom hälso- och sjukvården. Läkemedelshantering är en del av omvårdnadsarbetet som kan äventyra patientsäkerheten. En fjärdedel av de vårdskador som inträffar beror på fel i läkemedelshanteringen. Studiens syfte var att beskriva händelser och/eller omständigheter i omvårdnadsarbetet som kan riskera patientsäkerheten vid läkemedelshantering. Metoden är litteraturstudie och omfattar 17 artiklar i resultatet som visar att det är flera händelser/omständigheter som bidrar till och ibland samverkar till att medicineringsfel inträffar. Händelser/omständigheter som kunde utgöra en risk för medicineringsfel var: hög arbetsbelastning, övertid, långa arbetspass, kunskapsbrist, låg erfarenhet, kommunikationsbrister, avbrott/distraktion, otydliga ordinationer, bristande kontrollåtgärder av sjuksköterskan samt relation och ansvarsfördelning mellan personalen. Fortsatt forskning bör fokusera på metoder, hjälpmedel och system som kan förhindra att medicineringsfel inträffar och på det sättet spara både pengar och mänskligt lidande. Det är även väsentligt att utvärdera effekterna av den nya patientsäkerhetslagen. / Patient safety is important for health care. Handling of pharmaceutical products is a task within nursing that may jeopardize patient safety. One fourth of the all documented health damages that occur are due to medication errors. The purpose of this study was to describe events and/or circumstances in nursing that can jeopardize patient safety when it comes to handling of pharmaceutical products. The study design is literature study which covers 17 articles in it’s result that shows it’s several events/circumstances that contributes and sometimes work together to make medication errors occur. Events or circumstances that could pose a threat to medication errors was: high workload, overtime, long shifts, lack of knowledge, lack of experience, communication gaps, interruption/distraction, unclear prescription, lack of control measures from the nurse and the relation and responsibilities among staff. Further studies should focus upon methods, tools and systems that can prevent medication errors from occuring and thus save both money and human suffering. It’s also essential to evaluate the effects of the new law concerning patient safety.