Thesis (M.S.)--University of Wisconsin--Madison, 1936. / Typescript. eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references (leaf 101).

Thesis (Ph. D.)--University of Wisconsin--Madison, 1961. / Typescript. Vita. eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references.

This thesis analyses legal institutions which appear to be developing in a similar way and reveals the significance of historical, legal and cultural backgrounds. ADR processes are perceived and developed as international and necessarily standardized, or simply as culturally neutral institutions. However, this analysis shows that alternative conflict resolution methods remain culturally embedded. This analysis is based on the role of the judge in ADR in France and B.C. The comparative method seemed appropriate to conduct the analysis as it facilitates a focus on cultural influences which reveals differences in the definition of the judge's role in ADR in both jurisdictions. The first chapter examines comparative law - its nature and objectives, as well as the potential pitfalls. Courts have been chosen as the institutions on which to base our research of the cultural element in ADR because they appear to be culturally embedded. The second chapter attempts to trace historical evolution and political factors which shaped the judicial institution in both jurisdictions. The role of the judge in proceedings is analyzed with particular emphasis on the process of judging. The professional education of judges in both jurisdictions is also examined. To frame the analysis two of the roles of judges which have often been used in the literature are used, namely the role of dispute settlement and the role of policy maker. A third chapter outlines the similar development of ADR in France and B.C. and explores the reasons behind this. Finally, a comparison of the intervention by the judge in enforcing settlement agreements, enforcing arbitration agreements and conducting court mediation is made. The analysis relies on the definition of judges' role as defined by the legislator, and the interpretation of that definition by the courts. It is concluded that, while no absolute pattern of the influence of cultural and historical background on the shaping of the role of the judge in ADR can be identified, this influence exists nonetheless. The similarities between, and the perceived unification of ADR institutions are therefore superficial, as ADR is molded through institutions such as judges, influenced at the same time by the cultural identity of the jurisdictions in which they operate. / Law, Peter A. Allard School of / Graduate

Includes bibliographic references / In comparison with other European and international countries, Switzerland has long had a relatively high proportion of tenants, and thus in the public consciousness been considered as the 'land of tenants'. In South Africa, on the other hand, data estimate that around 20 per cent of all households do in rent. However, this does not mean that nowadays the rental housing market in South Africa does not play as important a role as in Switzerland. Indeed, the case is precisely the opposite. Therefore, in order to make a considerable contribution towards the social well - being of the population for the rental housing market of both countries, a functioning rent legislation that enables the accessibility to rental housing in general, and guarantees the protection of the tenants without neglecting the legitimate interest of the landlords in particular, is crucial. Indeed, both countries, although having two different legal systems, can fall back on rent legislation that has been developed over several decades. To what extent the two rental legislations can currently be considered as progressive and practical will be examined with the help of this thesis by performing a comparative analysis of the principal rights and obligations of the landlords an d tenants , which are granted and imposed by each jurisdiction. Thereby, in order to gain a better understanding of these rights and obligations, not only is a minimum amount of knowledge about the essence of contracts between landlord and tenant required, but if necessary certain procedural aspects in connection therewith need to be considered. Accordingly, before looking concretely at the specific rights and duties of the renting parties in both countries alongside the determination of the applicable law, a brief introduction to the nature and formation of the contract between the landlord and tenant of each jurisdiction will be provided. With regard to the granted rights, particular attention will also be paid to the several solutions which are available to one contracting party in case of non - performance of the contractual and legal obligations by the other party. Finally, an assessment will be made on whet her the Swiss rent legislation can serve as a role model or basis for an improvement and further development of the South African rent legislation, and vice versa, by pointing out their similarities and differences, and strengths and weaknesses.

Includes bibliographical references. / Nigeria’s Constitution does not provide for the interaction of the received English law, statutory law, and customary law. Bride wealth, an important aspect of customary law in southeast Nigeria, symbolises the bride’s worth to her family, as well as a bond between the bride and groom’s families. The changes introduced by colonial rule distorted its meaning to the extent that people disobeyed legislation enacted to curb excessive bride wealth. This disobedience is traceable to socio-economic and cultural factors founded on people’s survival needs. This disobedience has great significance for the evolution of living customary law, legal pluralism, and success of development projects in Nigeria. It signifies that development policies should take into consideration the living customary laws of people at the receiving end of development projects. At a broader level, it also signifies participation of local communities indecision-making that affects them. The thesis suggests that implementation of wide ranging consultations during the law-making process will strengthen democratic institutions in Nigeria.

No description available.

<p> I pursue the double bind of the political institution through one of its symptoms, guilt, and the relationship between the attribution of guilt and the very law which announces and justifies the double bind of the political institution. My dissertation is an interdisciplinary engagement with various contemporary&mdash;explicitly political&mdash;invocations of the notion of guilt. Specifically, I'm interested in the ways in which the attribution of guilt to subjects, to leaders, and to institutions operates in various discourses and disciplines, including politics, literature, philosophy, psychoanalysis, and law. These various political uses of the concept of guilt &ndash; as criminality (chapters 1 and 2), as femininity (chapter 3), and as homogenized resistance (chapter 4) &ndash; are a kind of shorthand, a cover, for the law. I will be arguing that "guilting" operates dominantly as justification, erecting a screen on which the undecidability of the law is simultaneously displaced and projected as the certainty of guilt. The irony is that guilt always reveals the law only in its failure. By guilting "the sovereign" revolutionary movements inaugurate and certify a new law; similarly, the government (judicial, police, and military bureaucracy) preserves the law through the guilting of its supposed others (criminals, the enemy). This desire for the law that the analysis of guilt reveals is a desire to master contingency and difference: it is a desire for a purified, contained, predictable, and thoroughly utopian space of relationality, a site where difference is rendered docile. In following the nuances of different political iterations of guilt as well as its political uses as justification for violence and force, each chapter reveals guilt as a crisis endemic to the law itself. However, in so far as it is a crisis of identity, each chapter, I hope, provides openings through which our own personal and phenomenological attachments to those very identities can be considered and challenged, perhaps allowing for the possibility of a working through those very attachments and the recognition of the irretrievable heterogeneity of their meanings.</p>

Thesis (Ph. D.)--University of Washington, 1997. / Vita. Includes bibliographical references (leaves [343]-354).

Thesis (Ph. D.)--University of Washington, 1999. / Vita. Includes bibliographical references (leaves 399-446).

Thesis--Copenhagen. / "Tillæg. Udkast til lov om entreprenørens omsætningsbeskyttelse": p. [377]-379. "Trykfejl": slip attached to p. [3] of cover. "Litteratur": p. [vii]-xxiii.