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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.
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Showing 111 to 116 of 116 (0.022 seconds)| 111 |
Understanding & Predicting Attitudes Toward Mass Incarceration & the Death PenaltyMarlow, Caroline 03 August 2023 (has links)
No description available.
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Inconsistency in judicial decisions : the right to life in perspectiveMoabelo, Kgorohlo Micro 02 1900 (has links)
The dissertation critically examines and compares the decisions of the
Constitutional Court and the High Courts in cases dealing with the right to life, as
contained in section 11 of the Constitution of South Africa Act 108 of 1996. The
dissertation analysis the issues of adjudication and the concept of justice in
perspective. The main question is as follows: Are the Constitutional Court
decisions objective, based on the interpretation of the constitutional text, or do they
rather reflect the individual judge(s) personal perspective(s) or preference(s).
The purpose of this dissertation is to undertake a comparative study and analysis
of the Constitutional Court decisions on the right to life, same aspect from different
perspective, and show that the right to life is not given proper effect to on account
of the subjective approach to its interpretation undertaken by the judges.
It examines and scrutinises the Constitutional Court’s adjudication process. It found
that the law is indeterminable, because the court’s decisions are not based on the
interpretation of the law, but on the individual judges’ background and personal
preferences. This is so because the court uses the majority rule principle in its
decisions: The perception of the majority of the judges becomes a decision of the
court. It is argued that when taking a decision a judge does not apply the law but
instead uses the law to justify his predetermined decision on the matter. The
conclusion supports the critical legal scholars’ theory relating to the indeterminacy
of the law. It tests the objectivity of the judges using their own previous decisions. / Criminal & Procedural Law / LLM
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Inconsistency in judicial decisions : the right to life in perspectiveMoabelo, Kgorohlo Micro 02 1900 (has links)
The dissertation critically examines and compares the decisions of the
Constitutional Court and the High Courts in cases dealing with the right to life, as
contained in section 11 of the Constitution of South Africa Act 108 of 1996. The
dissertation analysis the issues of adjudication and the concept of justice in
perspective. The main question is as follows: Are the Constitutional Court
decisions objective, based on the interpretation of the constitutional text, or do they
rather reflect the individual judge(s) personal perspective(s) or preference(s).
The purpose of this dissertation is to undertake a comparative study and analysis
of the Constitutional Court decisions on the right to life, same aspect from different
perspective, and show that the right to life is not given proper effect to on account
of the subjective approach to its interpretation undertaken by the judges.
It examines and scrutinises the Constitutional Court’s adjudication process. It found
that the law is indeterminable, because the court’s decisions are not based on the
interpretation of the law, but on the individual judges’ background and personal
preferences. This is so because the court uses the majority rule principle in its
decisions: The perception of the majority of the judges becomes a decision of the
court. It is argued that when taking a decision a judge does not apply the law but
instead uses the law to justify his predetermined decision on the matter. The
conclusion supports the critical legal scholars’ theory relating to the indeterminacy
of the law. It tests the objectivity of the judges using their own previous decisions. / Criminal and Procedural Law / LL. M.
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Towards the abolition of the death penalty in Africa: A Human Rights perspectiveChenwi, 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
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Assessing the compatibility of the right to a fair trial under Sudanese law with international human rights lawAbdalla, Amir Kamaleldin Ahmed 11 1900 (has links)
This thesis investigates the compatibility of a crucial aspect of Sudanese criminal justice, namely, the compatibility of the right to a fair trial with two main sources of this right: international human rights law and Shari’a law. The right to a fair trial is a cornerstone for any society and serves to observe the rule of law and other rights of citizens. The study illustrates that the right to a fair trial could play a significant role in the protection of human rights in Sudan.
The main aim of this study is to establish ways in which the right to a fair trial can be strengthened in Sudan. The thesis has examined the work emanating from the international level by reviewing decisions, providing general comments and analysing other jurisprudence emanating from bodies such as the African Commission on Human and Peoples’ Rights and the Human Rights Committee. The decisions, general comments and other jurisprudence from these bodies are juxtaposed against Sudan’s laws to establish the extent to which the right to a fair trial is upheld at the domestic level in Sudan.
The study critically examines the sources of the right to a fair trial in Sudan. The main sources of right to a fair trial in Sudan are the Constitution, the Criminal Procedure Act, the Penal Code, Shari’a law and international human rights law. It seeks to answer the question whether Sudanese fair trial rights are compatible with international standards.
The study establishes that one of the sources of law that govern the right to a fair trial in Sudan is Shari’a law. The main principle in Islam is that nothing is unlawful, unless it is expressly forbidden by law. However, the Shari’a law in Sudan has not been properly implemented as is illustrated through the rigid and traditional implementation of some of its provisions. The selective and rigid implementation of provisions of Shari’a law has resulted in a conflict with the accepted international standards of fair trial rights. What the study establishes is that a more progressive interpretation of Shari’a law can potentially solve the contradictions with international human rights law that currently exist.
The study identifies a number of factors that have affected the development of the right to a fair trial in Sudan. Among these factors are the lack of political will, poverty, the lack of awareness about rights, laws that are contrary to the right to a fair trial, laws that inadequately protect victims and witnesses, impunity, corruption, the lack of resources both human and financial, abuse of power, existence of military and special courts, institutional constraints, discrimination against women, and the refusal or resistance of the executive branch of government to implement decisions of the courts.
This study concludes that some pre-trial, trial and post-trial rights and standards in Sudan are not in conformity with international and regional standards. The study concludes by making a number of recommendations aimed at institutional and legal reform. / Dissertation (LLD)--University of Pretoria, 2014. / Centre for Human Rights / LLD / Unrestricted
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Belief in Karma and Political AttitudesÖstervall, 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.
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