The topic of this thesis is justice and asylum. The central argument in the thesis is that citizens of all states have a moral right that entitles them to asylum in certain circumstances of deprivation. The right to asylum can be understood as a general derivative right, and it is grounded in the more fundamental entitlement to basic needs. More specifically, I argue that all persons whose basic needs are insufficiently protected in their home states have the right to asylum when they cannot be assisted with other remedial instruments by the international community within a reasonable timeframe. By using the right to asylum as a normative evaluative standard, I also argue that the existing refugee protective institutions are morally unsatisfactory, and that a 'moral refugee regime' should be established to replace the current protective institutions. Then the questions becomes, what specific form these institutions should take. In the thesis I focus primarily on one institutional proposal, 'the tradable quota scheme', and its ethical dimensions. I defend the tradable quota scheme against several lines of criticism, and suggest that the scheme constitutes a normatively viable alternative for the existing institutional framework. Finally, I examine obligations in the protection of the right to asylum in circumstances of partial compliance. I conclude that the citizens of complying states have the obligation to 'pick up the slack' and assist those bearers of the right to asylum who are unjustly denied assistance by the non-complying states.

This research study is focused on the awareness of adolescents on the child's duties which they stemming from a Czech family law. The main goal is, using of analysis of individual provisions of the legislation of the child's duties in the Act No. 89/2012 Coll., Civil Code, to determine the awareness of adolescent about these duties. Intermediate objectives is to determine whether the duties according to their opinion, fulfils in practice, the acquired data to compare and submit proposal for a teaching of this issue, including the design of its incorporation in school education programmes in selected schools. The survey is carried out among 120 sixteen - eighteen year-old students' of the Business Academy and Secondary technical school in Prague, in the form of empirical investigation quantitative method, questionnaire survey in written. Stems from him, that although teens do not have awareness of the duties, an obligation in practice performs. Comparison of the results of the investigation then showed that the obtained data from the selected schools were, at the 5% level, found statistically significant differences. In conclusion is designed the project of teaching in this field, as an extension of the curriculum on Rights of the Child, including its incorporation into school study programs...

Magister Legum - LLM / The global financial crisis resulted in a corporate collapse in different parts of the world. The global financial crisis was caused by poor governance. Consequently many countries, including South Africa, began to place more emphasis on good governance. The framework and guidelines for the development of good governance in South African company law was published by the Department of Trade of Trade and Industry (hereafter DTI) in a document referred to as The South African Company Law for the 21st Century: Guidelines for Corporate Law Reform (hereafter the DTI Policy Document) published by the DTI. The DTI Policy Document recognised the need for a regulatory framework within which enterprises operate to promote growth, employment, innovation, stability, good governance, confidence and international competitiveness. In order to further develop governance, the effectiveness of directors’ standards as well as the liability of directors was also said to have developed. Prior to the development of South African corporate law, liability of directors was to a large extent governed by the common law and the King Codes, despite the existence of the Companies Act 61 of 1973 (as amended). As of the 1st of May 2011, corporate law in South Africa appears to have dramatically changed the duties and liabilities of directors. The 1st of May 2011 marked the implementation of Companies Act 71 of 2008 (hereafter the Act). The Act is written in plain language in an attempt to make it more accessible and align it with international trends. The Act has also theoretically changed the roles and duties of directors as well as the liability that they may face in that it potentially changes the existing common law and alters policies and philosophies of corporate law in general. The Act partially codifies the common law and introduces the business judgement rule to South Africa. The business judgment rule will draw a balance between the directors’ ability to steer a company and the shareholders' right to hold directors accountable for their decisions. It is perceived as a mechanism that can be used to balance the tension between these opposing rights.

This thesis explores the extent to which the law in the UK, Delaware and Germany imposes an obligation on directors of solvent public companies to take into account the long-term consequences of their decisions while establishing the content and scope of long-termism in these three legal systems. It adopts a comparative methodology with the aim of determining whether the approaches taken in the chosen jurisdictions regarding both the parameters of long-termism and its legal sources and forms are radically different or very similar. It is also scrutinised here if it can be stated with any certainty that the approach taken in any particular jurisdiction regarding long-termism is ‘better’ for the protection of a company’s interests. This thesis makes four original contributions. Firstly, it conducts a comprehensive, comparative study on the relevance of long-term considerations. The concept of long-termism is analysed in the contexts of current legislation, case law, soft law, academic literature, and incentives that encourage long-termism decision-making. Secondly, hard law in the UK, Delaware and Germany does not currently offer much guidance regarding the content and scope of long-termism. A key original contribution made by this research draws on the academic literature and performs a gap-filling exercise by identifying examples of long-term decision-making in these jurisdictions, as well as examples of decision-making and conduct that is not long-term in nature. In the gap-filling exercise, case studies are presented in the context of (i) the contemporary shareholder v. stakeholder debate in corporate governance scholarship and (ii) the relevance of the share ownership structure of the company. These two important debates are used as variables to cast light on the ambit of the notion of long-termism, and the structural differences and similarities between the corporate governance systems and concepts of long-termism in the UK, Delaware and Germany. Thirdly, this thesis identifies specific and concrete factual examples of the incentives that the legal systems in the UK, Delaware and Germany do or could provide to encourage long-term managerial decision-making. Finally, it will make a positive contribution to the ongoing ‘convergence v. divergence’ debate, as the thesis has the scope to offer insights into whether the law on the duties of directors is converging in different legal systems particularly in the specific context of what is meant by long-term decision-making by such directors.

This thesis is intended to be an analysis of a book entitled "Important Counsels to Kings and Imams." It is, in the same time, a research on the book's author, named Alwan Ibn Atiyyah al-Hamawi. Alwan was a Syrian muslim scholar, who lived in the sixteenth century. Alwan witnessed the Ottoman conquering of Syria, so, he wrote his book, Important Counsels to Kings and Imams, as a reflection of his views toward the Ottoman regime. Alwan addressed his book to Sultan Selim I, encouraging him to establish justice through the religious law, the Sharia. The thesis is composed of four main sections; which are the following: The Middle East in the time of Alwan. This section contains a short history of the Islamic states and the political relations among them. Those states were the Ottoman Turks in Anatolia, the Safawid Dynasty in Persia and the Mamluks' State in Egypt. Life and career of Shaykh Alwan, his education and his influence upon his society and students. Analysis and commentaries on the manuscript, “Important Counsels to Kings and Imams.” This section discusses the causes and goals of writing the book, the issues, which Alwan talked about, and finally the style of writing and organizing of the book. Complete English translation of the Arabic copy including all those chapters which are arranged by the author of the book, Shaykh Alwan. The writer of this thesis has faced several problems with collecting information about Alwan's life, tracing prophetic hadiths and Quranic ayats, that Alwan included in his book, also translating an old manuscript, written in a classic language. Although, Alwan was one of the leading sixteenth century scholars and mystics, he has not been well-known to editors and publishers in this time in the Arab world. Only two books, out of twenty-four books and essays, are published. All those references which I have used at Portland State University Library and al-Zahiriyya Library in Damascus, mention little information about the life and career of Alwan; especially his family and early life. As for Quranic ayats and prophetic hadiths, which Alwan included in his book, all were mentioned without references or footnotes. Therefore, the writer footnoted every aya, but in the case of those hadiths, it was almost impossible to trace every hadith used in Alwan's book, and evaluate them according to texts, because of the writer's limited knowledge of the "Science of Hadith." Alwan's book, which exists in manuscript form only, is grammatically correct in language, and the style of writing is generally good. However, the translation was difficult because some ideas are not clear and some classic Arabic words must be fully understood by using old Arabic dictionaries, then English dictionaries. It seems that Alwan penned his thoughts haphazardly because the book seems rather unorganized in its contents. Alwan divided his book into twenty-seven chapters. In fact some of those chapter titles are not necessary. He, sometimes, discussed some issues more than once, such as alcohol and adultery. Alwan in his book discussed numerous social problems. and issues, i.e., alms, commanding good, forbidding evils, adultery, alcohol, wearing pure gold for men, decorations of cities for the Sultan's joy, land taxes, and enslaving free people, all attempting to set rules for the Sultan's judgment. At any rate the manuscript "Important Counsels to Kings and Imams" reflects the attitudes of a Syrian Arab scholar toward the new Ottoman regime that conquered Syria and Egypt between 1516-1517. Alwan and his book are a significant commentary of Islamic history of Syria and Egypt in the beginning of the sixteenth century. This research shows that Alwan felt that the regime of Sultan Selim I was not following its responsibilities toward the Sharia and the, only law of the Empire. The most important consideration for Alwan, in his manuscript, was his concern for justice for the subjects of the Ottoman Empire. His goal in writing that book was that all people should benefit from the Quran and Sharia, and that justice would be established through only the religious law (Sharia) within the Ottoman Empire.

This paper argues that “enlightened shareholder value” (“ESV”) offers a “third way” between the shareholder primacy and stakeholder theories of the corporation; one that maintains the creation of shareholder value as the corporation’s primary function, but requires directors to take into account the environmental impact of the corporations’ operations. ESV requires directors to “have regard to”, among other things, “the impact of the company’s operations on…the environment.” The obligation to “have regard to” should be interpreted as a procedural duty requiring directors to inform themselves as to the environmental impact of the corporation’s operations, which may in itself cause directors to reallocate corporate resources to environmental protection. ESV may also improve corporations’ environmental disclosure and impact social norms of corporate behaviour with respect to the environment. Any negative impact of ESV on present shareholder returns is justified by the obligation to avoid imposing foreseeable severe or irreparable environmental harm on future generations.

This paper argues that “enlightened shareholder value” (“ESV”) offers a “third way” between the shareholder primacy and stakeholder theories of the corporation; one that maintains the creation of shareholder value as the corporation’s primary function, but requires directors to take into account the environmental impact of the corporations’ operations. ESV requires directors to “have regard to”, among other things, “the impact of the company’s operations on…the environment.” The obligation to “have regard to” should be interpreted as a procedural duty requiring directors to inform themselves as to the environmental impact of the corporation’s operations, which may in itself cause directors to reallocate corporate resources to environmental protection. ESV may also improve corporations’ environmental disclosure and impact social norms of corporate behaviour with respect to the environment. Any negative impact of ESV on present shareholder returns is justified by the obligation to avoid imposing foreseeable severe or irreparable environmental harm on future generations.

The immense inequalities between the world’s poor and the world’s rich have compelledphilosopher Thomas Pogge to develop a moral framework based on the Universal Declarationof Human Rights that challenges our most commonsense political moral views. Poggedisputes minimally and universally that we all have a negative duty not to harm so long as theharm is foreseeable and avoidable, rather than a positive duty to do well. Furthermore Poggeargues for an institutional view of negative duties flown from the fact that we all shape,uphold and impose institutions.With the help of three philosophers; Polly Vizard, Tim Hayward and Mathias Risse, Idebate a number of their raised objections to Thomas Pogge’s theory of institutional globaljustice which all focus on the controversial causal claim that the present global order causesglobal poverty. The objections discussed are (a) Vizard’s scrutinizing of Pogge’s notion ofresponsibility (b) Hayward’s call for a full causal account of how the global order is harmingthe poor and (c) Risse’s alternative baseline for harm. I argue that although Pogge has somepotential problems, he nevertheless is not contradicted by these objections to the extent thatthey themselves claim. I hold that the debated criticism appeals for further investigation andthat in light of the arguments in this thesis we have a negative duty not to harm and a positiveobligation to reform global unjust institutions in responding to global poverty.

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Consider the following Hegelian idea: It is important that we be at home in the social world, and it is deeply problematic if we are not. In this dissertation, I employ concepts of contemporary vintage to specify the meaning of the Hegelian notions of the social world, being at home in the social world, and being alienated from it. I also explicate the value of being at home in one's world and the conditions under which being at home in this manner is possible. This dissertation proceeds in six chapters. In the first chapter, I describe the social world as comprising social institutions and social roles. I argue that being at home in the social world entails identifying with one's roles and institutions. In the second chapter, I argue that an agent realizes the values of meaning and self-determination through pursuing her social roles. Thus, the value of being at home in the social world is that when the world is a home and one perceives it to be such, one can realize the values of meaning and self-determination through participating in its institutions. Moreover, I argue that when one identifies with one's role one thereby has a further weighty reason to conform to the duties that constitute the role--namely, by so doing one achieves the goods of meaning and self-determination. In chapters three through five, I consider whether it is possible to identify with and experience roles characterized by authority structures as homes. Chapters three and four specify the notion of an authority structure. In chapter five, I enumerate the conditions under which an agent can be at home in an authority-claiming institution. In short, I argue that the key conditions are that the institution's authority is justified and that the agent identifies with the institution and her role within it. Finally, in chapter six I develop an implication of chapter four's discussion of authority for the debate in analytic jurisprudence between the proponents of exclusive and inclusive legal positivism. In short, this discussion supports inclusive legal positivism and weighs against exclusive legal positivism.