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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
41

Law's revolutions: coercion and constitutional change in the American founding

Knapp, Aaron Tristan 13 February 2016 (has links)
This study in constitutional history argues that the American framers created the Constitution of 1787 to address the problem of coercion in American society. It demonstrates that the framers’ antecedent commitment to a conception of the law that made coercion its sine qua non best explains why they sought fundamental reconstitution rather than amendment in 1787, and why they made certain choices and not others in establishing and administering the first federal government in the decade after ratification. The research revolves around two central questions. First, why did coercion concern the framers? Certainly a number of concrete policy-related failures coming to a head in 1787 starkly illuminated both the Continental Congress’s want of enforcement powers and the foundering magistracies in the states. Part I, however, situates the coercion problem in a deeper historico-intellectual context. The American Revolution produced a constitutional discourse that made the consent of the governed its essential ingredient and government by coercion ipso facto illegitimate and unrepublican. At the same time, the Revolution unleashed egalitarian social thinking predicated on the belief in an absolute equality of mind, ability, and opportunity among individuals. Part I shows that the principles of popular consent and individual equality had real legal consequences in the decade after Independence that scholars have overlooked. Specifically, the principle of consent produced a revolution against independent judicial power and the principle of equality produced a revolution against professional lawyers and the common law. Both insurgencies posed special threats to legal professionalism as such and both advanced upon a single shared legal ideal: law without force. Fearing anarchy and seeking to secure their own place within the constitutional order, American lawyers calling themselves Federalists waged a counterrevolution against this conception of law in 1787. But how? Those few historians who have acknowledged the Federalists’ stated commitment to the principle of coercion in 1787 have downplayed its practical significance in the early republic. They have suggested that Federalist legislators and administrators ultimately bowed to the strong anti-statist currents in American society and avoided coercive enforcement measures in the 1790s. Part II shows otherwise. The analysis recovers an originally understood constitutional structure of coercion that included military, magisterial, and judicial sanctions, to operate in accordance with a priority scheme that partially accommodated the inherited republican aversion to the deployment of military force in domestic affairs. It further demonstrates that in the decade after ratification the Federalists brought the constitutional structure of coercion to bear on individuals and states within the union in every area that concerned the framers and nothing in either the Jeffersonian ascendancy or the Revolution of 1800 immediately compromised the Federalists’ achievements in this regard. The constitutional structure of coercion’s effective implementation in the 1790s best explains why the first federal government succeeded where the Continental Congress had failed.
42

Examining the Neurocognitive Underpinnings of Coercive Conflict in Young Adult Relationships: An Actor Partner Model Approach

January 2016 (has links)
abstract: The goal of this study was to examine the correlation between the brain's preconscious processing of relationship events and direct observation of couples' behavior during a videotaped discussion task. Although we know about the interaction dynamics within romantic relationships that portend conflict and dissatisfaction, very little is known about how individuals read interpersonal events within their relationship. Romantic partners participated in a dyadic EEG (electroencephalogram) lab session in which they played a gambling task. The gambling task consisted of three conditions: 1) individual gambling 2) watching their partners gamble and 3) gambling with advice from their partners. Following the gambling tasks, partners were videotaped discussing relationship topics. Neurocognitive reactions to winning and losing a gamble in response to partner's advice were analyzed as an Evoked Response Potential (ERP). The ERP of interest was the P300, which is associated with the brain making sense of unexpected information. Using an actor partner framework, it was found that the females' P300 predicted observed coercive interaction patterns. This finding suggests that for females with an established coercive relationship with their male partners, positive feedback was unexpected compared to losing. / Dissertation/Thesis / Masters Thesis Psychology 2016
43

A Theory of Indiscriminate Violence

Zhukov, Yuri Maximovich January 2014 (has links)
This dissertation addresses a simple puzzle: why do governments use indiscriminate violence against civilians? To deter a population from rebelling, a government should make rebellion costlier than the alternatives. Yet indiscriminate violence can make neutrality costlier than rebellion. With the help of mathematical modeling, archival data and micro-comparative evidence from dozens of armed conflicts, I show that indiscriminate violence makes civilians less likely to remain neutral, but not necessarily more likely to support the opponent. There is a threshold level of violence, beyond which it can become safer for civilians to cooperate with the more indiscriminate side. As long as civilians believe that supporting the rebels will be costlier than supporting the government, they will generally support or not actively resist the government -- even if the government is responsible for more civilian deaths overall. The amount of violence needed to meet this threshold depends on the combatants' relative informational endowments. If a combatant can selectively punish her opponents, she can employ a relatively low level of violence. Where she lacks the information for selective punishment, she will use methods more indiscriminate in targeting and more massive in scale. Violence is a substitute for intelligence. / Government
44

Power, Paternalism and Libertarianism : Libertarian Paternalism – More than a Nudge

Jacobson, Martin January 2017 (has links)
It is commonly believed that paternalism is at odds with libertarianism. Recent literature has suggested that there are forms of paternalism which are acceptable to libertarians: namely “nudging”, sometimes even referred to as “libertarian paternalism”. The purpose of this paper is twofold. First, to investigate the taxonomical question of how libertarianism, paternalism and nudging relate to each other. Secondly, to investigate whether, and if so when, paternalism is compatible with libertarianism. I argue that any action which is not coercive is compatible with libertarianism. Thus, any non-coercive paternalist action is compatible with libertarianism. I also argue that there are several paternalist action types, such as nudges, informing and incentivizing, which are not coercive, and thus are compatible with libertarianism.
45

FRIVILLIGHET ELLER TVÅNG? : En framinganalys av hur riksdag och regering skildrar prostitution under mandatperioden 2010–2014

Bjarnefors, Malin, Steen Hoyles, Stina January 2021 (has links)
In 1999 Sweden became the first country in the world to legalise the selling of sex by individuals, whilst making its purchase illegal. This is an approach that has been both highly praised and criticized. Using the qualitative text analysis method of framing, this study examines the debate surrounding Sweden’s prostitution policy. It focuses on the tension between the government’s use of goals and means in relation to its prostitution policy and the wider societal debate with its dichotomy of freedom of choice versus coercion. To do this, parliamentary and governmental bills and governmental communication during the 2010–2014 governmental term in office have been examined. Robert Nozick’s and Serena Olsaretti’s philosophical views on voluntariness, liberal and radical feminist theory, the normalization approach and the abolitionist perspective are all referenced. The main conclusion drawn is that Swedish governmental policy work largely disregards the freedom of choice/coercion debate in favour of developing current policy.
46

Associations between reproductive coercion, intimate partner violence, and adverse birth outcomes among postpartum women:

Suzuki, Laura K. January 2022 (has links)
Thesis advisor: Corrine Y. Jurgens / Background: Reproductive coercion (RC) is a form of intimate partner violence (IPV) involving a partner’s control of a woman’s reproductive health decisions regarding pregnancy and childbearing. RC is associated with numerous negative health consequences; however, the impact on a pregnancy and developing fetus and association with adverse birth outcomes is not known.Design: Secondary analysis of Pregnancy Risk Assessment Monitoring System (PRAMS) data, 2012 – 2015, from five states. Purpose: To examine whether RC before pregnancy is associated with an increased likelihood of experiencing preterm birth (< 37 weeks gestational age), neonatal intensive care (NICU) after birth, and infant death. Method: Data on women ages 17 years and older who gave birth to a live infant (N = 18,728) were analyzed. Logistic regression procedures were used to determine the odds of preterm birth, infant death, and need for NICU care among women experiencing RC while controlling for known risk factors (age, race, ethnicity, education, marital status, depression, drinking, and smoking). The moderation effect of IPV on the relationship of RC and birth outcomes was tested by including an interaction term (product of RC and IPV) in the model. Results: No significant association between RC and preterm birth, need for NICU care, or infant death was detected. Additionally, exposure to IPV did not have a moderating effect on either the direction or magnitude of the relationship between RC and birth outcomes. Conclusions: Despite these findings, RC remains a significant concern for nurses caring for pregnant women and women of reproductive age. This study highlights a current gap in knowledge about the ways RC can affect a pregnancy and birth outcomes. Replication studies using more robust measures of RC and data collection approaches that can most accurately identify RC experiences are needed to increase understanding. / Thesis (PhD) — Boston College, 2022. / Submitted to: Boston College. Connell School of Nursing. / Discipline: Nursing.
47

An Investigation of Teneral Matings, Male Coercion, and Female Response. A Second Investigation of Caffeine Tolerance in Drosophila Melanogaster

Seeley, Corrine J. January 2010 (has links)
<p> Chapter 1-4 focuses on investigating whether forced copulations occur in teneral females, and how the female responds. There has only been one paper to report mating in newly eclosed (teneral) female matings in fruit flies (Drosophila melanogaster), and it was suggested to be forced. The focus of this thesis is to determine whether teneral matings are forced and how this may affect the future remating and reproductive success of females. Within the thesis, chapter 1 and 4 results suggest that teneral matings occur in both Canton-S and wild caught females, and occur in females less than 30 minutes post eclosion. Chapter 3 compared the male/female interaction of teneral females vs. immature females that successfully reject male mating attempts. Males were more aggressive with teneral females, and females displayed more rejection behaviours during courtship and mating. Chapter 4, was aimed at investigating what the reproductive consequences are, and results suggest that a teneral mating yields less progeny than a mature mating, and 68% of tenerally mated females remate at maturity.</p> <p> Chapter 5 and 6 focuses on investigating whether situational caffeine tolerance can be developed in fruit flies. Chapter 5 results indicate that caffeine causes a rest disruption, and a general tolerance to the rest disrupting effects can be gained over 6 days of repeated administration. The experiments in chapter 6 used various protocols to investigate whether a situational tolerance will develop, using odours and colours as associative cues. No conclusive results were found.</p> / Thesis / Master of Science (MSc)
48

Predictors of male sexual coercion in the context of sexual refusal

Crawford, Emily 19 December 2007 (has links)
No description available.
49

To Exercise Coercive Methods in the Name of Libertarianism : An argumentative study of whether and why a proposed libertarian policy tool fails to live up to the libertarian ideals of autonomy / Att utöva tvångsmetoder i Libertarianismens namn : En argumenterande studie huruvida och varför ett påstått libertarianskt policyverktyg misslyckas med att leva upp till libertarianismens ideal rörande autonomi och självbestämmande

Hamberg, Joakim January 2022 (has links)
År 2003 publicerade Richard H. Thaler och Cass R. Sunstein två artiklar om en föreslagen policymetod, på svenska kallad libertariansk paternalism, som med hjälp av både öppna och subtilt influerande metoder är tänkt att bistå människor med bättre beslutsfattande, och samtidigt tillfredsställa libertarianska ideal och principer rörande individuell autonomi genom dess avsaknad av tvångsmetoder. Min tes hävdar, såsom flertalet kritiker, att denna föreslagna policymetod och dess praktiska metoder inte klarar av att leva upp till de libertarianska idealen och principerna gällande individuell autonomi, då de trots allt innehåller paternalistiska aspekter av tvång, vilket anses vara anti-libertarianska. Jag argumenterar för att de främsta anledningarna till detta är 1) avsaknaden av medgivande från tilltänkt influerad agent, samt 2) att de utövade metoderna kan anses vara manipulativa och inte respektera en agents originella preferenser. I denna uppsats undersöker jag även om och på vilka grunder manipulation som fenomen kan anses innehålla aspekter av tvång. / In 2003, Richard H. Thaler and Cass R. Sunstein published two articles presenting a proposed policy method called libertarian paternalism, which with the help of both open and subtly influential methods is intended to assist people with better decision-making, and at the same time satisfy libertarian ideals and principles of individual autonomy through its lack of coercive methods. My thesis argues, like most critics, that this proposed policy method and its practical methods fail to live up to the libertarian ideals and principles of autonomy, as the nevertheless contain paternalistic aspects of coercion, which is considered anti-libertarian. I argue that the main reasons for this are 1) the lack of consent from the intended influenced agent, and 2) that the methods practiced can be considered manipulative and not respect an agent’s original preferences. In this paper, I also examine whether, and on what grounds manipulation as a phenomenon can be considered to include aspects of coercion.
50

Pedagogical violence

Matusov, E., Sullivan, Paul W. 09 December 2019 (has links)
Yes / In this paper, we consider the phenomenon of “pedagogical violence” — infliction of physical, social, emotional, or psychological pains, or threat of such pains that is either the means for or non-accidental by-products of education used on a systematic basis. Pedagogical violence is often used for promoting certain desired learning in students. Alternatively, it can emerge as a violent reaction in students and teachers to particular educational settings directed against other students or teachers. In this paper, we review some of the debates and controversial issues around pedagogical violence, and we use a variety of illustrative examples to explore in more detail what pedagogical violence means in particular contexts. We argue that pedagogical violence is a natural consequence of alienated instrumental education. We will look at teachers’ desire to avoid physical and psychosocial pedagogical violence. We specifically consider diverse forms of psychosocial pedagogical violence and its issues such as: summative assessment, epistemological pedagogical violence, students’ ambivalence around pedagogical violence, rehabilitating/avoiding pedagogical violence through a carnival. We finish with a reflection about what can be done to minimize pedagogical violence. Our analysis heavily relies on the Bakhtinian theoretical framework of critical ontological dialogism.

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