Global ETD Search

11	Comprendre la responsabilité civile / Understanding civil liability Fadaie Ghotbi, Reza 09 May 2016 (has links) La théorie de la responsabilité civile, en termes de la reconstruction rationnelle du droit constitue une connaissance nouvelle et importante de ce régime. L’analyse économique en reconstruit les règles et les institutions à partir de la norme de l’efficience. La théorie morale de la justice corrective interprète la responsabilité civile à travers l’égalité entre les parties. Mais, aucune de ces deux interprétations ne parvenue à expliquer la responsabilité civile. L’analyse économique, en traitant les règles de la responsabilité comme un moyen visant à maximiser la richesse, a modifié leur sens original. La justice corrective réduit la responsabilité civile au régime d’allocation équitable des coûts d’accident. La reconstruction de la responsabilité civile, afin de la comprendre, requiert de s’engager dans une approche philosophique qui trouve la rationalité dans la réalité. Dans cette optique, la responsabilité civile, contrairement à l’analyse économique ou à la justice corrective, est constituée à partir les droits et les principes indéniables, non les normes hypothétiques. La faute, en termes de droit de la volonté subjective, tout est redéfinie selon la pratique sociale sur l’attribution des résultats de nos actes, ce qui permet de croire que la responsabilité civile est toujours morale, même lorsque elle s’impose à partir d’une évaluation objective et extérieure. / Tort theory in terms of rational reconstruction of the law has constituted a new and important knowledge of the tort liability. Economic analysis has reconstructed the rules and institutions by the value of efficiency. Moral theory of corrective justice has interpreted liability through equality between the parties. But neither of these interpretations could come to explain liability. The economic analysis by treating the liability rules as a mean of wealth maximization has changed their original meaning. Corrective justice reduced tort liability to the regime fair allocation of accident costs. The reconstruction in order to understand civil liability requires engaging in a philosophical approach in which reality is the source of rationality. In this context, liability, unlike the economic analysis or corrective justice, is formed from undeniable rights and principles, not hypothetical norms. The negligence in terms of right of the subjective will is redefined by social practice on the attribution results of our actions, which suggests that civil liability is still moral idea, even when it is imposed from an objective and external assessment. Efficience Réduction des coûts d'accidents Incitation comportementale Faute Responsabilité des résultats Attibution Obligation objective Indemnisation Justice corrective Cohérence Efficiency Reduction of accidents costs Behavorial incitation Negligence Outcome responsibility Attibution Objective duty Compensation Corrective justice Coherence
12	Political Dimensions of Climate Change Adaptation : Framing Financial Attributes in Pakistan / Klimatanpassningens politiska dimensioner : Inramning av finansiella attribut i Pakistan Sherazi, Anusha Batool January 2020 (has links) The interest towards climate change adaptation has gradually increased from local tointernational levels around the globe. This is one reason that there is less than the dueattention paid previously, on its implementation, besides relatively lower levels offunding available for the adaptation related activities. To elaborate on the trickyrelationship between adaptation funding and policy priorities in the global South, thisthesis focuses on the case of Pakistan. Pakistan is one of the most climate changesprone countries with several events of climate change related disasters taking place onan annual basis. However, there is an extremely weak mechanism of climate changeadaptation that could help the vulnerable communities to resist the disaster impacts.The respective study findings suggest that the primary cause of this issue is the lack ofan effective climate change policy. The existing National Climate Change Policy ofPakistan (NCCP), is not a living document at this point, that can address the climatechange adaptation issues. The existing policy was not only drafted by the fundingagencies themselves, who enabled the formulation of the policy, but it was alsoproposed before the 18th constitutional amendment in the country, which producedsignificant changes. Since the 18th amendment (2010), the implementation of theadaptation policy has been affected due to the change in administrative power andauthority levels, from national to provincial. Another important aspect which isassociated with the adaptation of climate change is the politics behind the funding thatmay enter the country from international sources. The national policy does not provideany comprehensive guideline for the funding agencies regarding the adaptationpriorities, vulnerability and adaptive capacity of the locals, or the organization of funds atvarious scales. This leads the international funding agencies to lose their trust in thegovernment; and lead these agencies to set up their own channels for enabling thefunds to implement the projects on climate change adaptation or mitigation. Similarly,the lack of interest for the national government towards adaptation activities furtherdeviates the flow of funds into adaptation actions, and the focus remains overmitigation. This master’s thesis adopted the in-depth case study research strategy, andsemi structured interviews were conducted with 23 climate change experts, including2but not limited to policy makers and international organizations staff. The results of thestudy were organized in four major focused areas including, a) priorities in adaptation,b) actors of adaptation, c) question of scales, and d) vulnerability and adaptive capacityof the affected communities. This study concludes that climate change adaptation is aneglected topic in Pakistan, and the mishandling of adaptation funds, under the weakpolicy guidelines, end up in maladaptation. climate change adaptation adaptation funding climate change policy corrective justice differential responsibility maladaptation political ecology. Other Humanities not elsewhere specified Övrig annan humaniora Civil Engineering Samhällsbyggnadsteknik Social Sciences Samhällsvetenskap
13	Rational Reform of Housing Access Policy in Ontario Ries, Benjamin Carter 19 December 2011 (has links) Ontario’s current regulatory approach to low-income housing lies between two primary challenges: the human right to housing, and political/fiscal constraints. This thesis draws on legal theory and economic analysis of law to articulate the proper goals of housing access policy. A structural theory is proposed to explain the normative relationship between efficiency, communitarianism and justice in housing. An array of regulatory options are compared and considered in light of the features that characterize Ontario’s low-income rental housing markets. This analysis favours demand-side housing subsidies to low-income households, combined with supply-side tax expenditures to improve elasticity in the low-income rental market. Further reform of rent and covenant controls, social and affordable housing supply, and land use planning is recommended to ensure an efficient residential tenancy market. These reforms are offered as a framework for the implementation of the human right to housing in Ontario. housing public housing social housing affordable housing low-income housing rental housing housing rights right to housing residential tenancies rent control lease contract property poverty welfare planning rent-geared-to-income RGI subsidy zoning maximin law distributive justice corrective justice efficiency Pareto Kaldor-Hicks Ontario Canada shelter ICESCR Charter structural theory elasticity vacancy decontrol 0398 0501 0999
14	Rational Reform of Housing Access Policy in Ontario Ries, Benjamin Carter 19 December 2011 (has links) Ontario’s current regulatory approach to low-income housing lies between two primary challenges: the human right to housing, and political/fiscal constraints. This thesis draws on legal theory and economic analysis of law to articulate the proper goals of housing access policy. A structural theory is proposed to explain the normative relationship between efficiency, communitarianism and justice in housing. An array of regulatory options are compared and considered in light of the features that characterize Ontario’s low-income rental housing markets. This analysis favours demand-side housing subsidies to low-income households, combined with supply-side tax expenditures to improve elasticity in the low-income rental market. Further reform of rent and covenant controls, social and affordable housing supply, and land use planning is recommended to ensure an efficient residential tenancy market. These reforms are offered as a framework for the implementation of the human right to housing in Ontario. housing public housing social housing affordable housing low-income housing rental housing housing rights right to housing residential tenancies rent control lease contract property poverty welfare planning rent-geared-to-income RGI subsidy zoning maximin law distributive justice corrective justice efficiency Pareto Kaldor-Hicks Ontario Canada shelter ICESCR Charter structural theory elasticity vacancy decontrol 0398 0501 0999
15	A theological response to the "illegal alien" in federal United States law Heimburger, Robert Whitaker January 2014 (has links) Today, some twelve million immigrants are unlawfully present in the United States. What response to this situation does Christian theology suggest for these immigrants and those who receive them? To this question about the status of immigrants before the law, the theological literature lacks an understanding of how federal U.S. immigration law developed, and it lacks a robust theological account of the governance of immigration. To fill this gap, the thesis presents three stages in the formation of the laws that designate some immigrants as aliens unlawfully present or illegal aliens, drawing out the moral argumentation in each phase and responding with moral theology. In the first stage, non-citizens were called aliens in U.S. law. In response to the argument that aliens exist as a consequence of natural law, Christian teaching indicates that immigrants are not alien either in creation or for the church. In the second stage, the authority of the federal government to exclude and expel aliens was established, leaving those who do not comply to be designated illegal aliens. To the claim that the federal government has unlimited sovereignty over immigration, interpretations of the Christian Scriptures respond that divine sovereignty limits and directs civil authority over immigration. In the third stage, legal reforms that were intended to end discrimination between countries allowed millions from countries neighboring the U.S. to become illegal aliens. These reforms turn out to be unjust on philosophical grounds and unneighborly on theological grounds. While federal law classes many as aliens unlawfully present in the United States, Christian political theology indicates that immigrants are not alien, the government of immigration is limited by divine judgment, and nationals of neighboring countries deserve special regard. 342.08

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