Thesis (doctoral)--Friedrich-Alexander-Universität zu Erlangen.

Thesis (doctoral)--Universität Bern, 2008, / Includes bibliographical references (p. xxii-xlvii).

The purpose of this thesis is to examine, from a comparative perspective, the legal treatment of stipulated damages clauses in the common law and in French civil law. First, we will see that this clause has endured a turbulent legal history in both legal traditions. The French civil law and the common law have reflected at great length on the appropriate legal response to such clauses---essentially, on whether, and if so when such clauses should be enforced or prohibited. / Second, this thesis will analyse the practical roles that these clauses have played in the two legal traditions, which will illuminate further differences between their respective approaches. Emphasis will be placed on the difficult question, which has arisen in both legal systems, of defining the notion of stipulated damages clauses and of differentiating them from other institutions, such as deposit clauses. / Third, the evaluation of these two legal systems will facilitate the contention that the approach of the French civil system is, in most cases, preferable to the solution adopted by the common law. Nevertheless, it will be seen that each legal tradition could benefit considerably from careful examination of the other's treatment of these clauses.

No description available.

The Virginia Board of Education mandated that, by the Fall of 1989, all public elementary schools in the Commonwealth should establish elementary school guidance programs and employ an elementary school guidance counselor for every 500 students. Since that time, eight years have passed, and a review of successful programs was in order. The purpose of this research was to describe exemplary elementary school guidance practices and programs in Southwest Virginia. Based on the recommendations of three counselor educators from Virginia Tech, three elementary school divisions were identified for inclusion in the study. Rural, urban and suburban school divisions were chosen, so that the results would reflect a broader spectrum of exemplary elementary school guidance practices and programs. Specific school sites were selected by the school superintendent or guidance supervisor. During the Spring of 1997, the process of collecting data began. School counselors were asked to complete a questionnaire. Next, the researcher conducted site visits to each school, during which time ten structured interviews took place with those people who had interactions with the elementary school guidance program. While on the site, documents related to the elementary school guidance program were reviewed. Research results were presented in case study fashion. The most frequently cited examples of exemplary elementary school guidance practices and programs were summarized. Results showed that rural, urban, and suburban elementary school guidance programs had striking commonalities. All three elementary school guidance programs reported strengths in fifteen areas, which were grouped into three categories: (1) focus on student development and achievement, (2) staff collaboration, and (3) focus on parents and volunteers. A detailed description and discussion of each exemplary elementary school guidance practice and program concluded the study. / Ph. D.

Support teachers learning difficulties (STLD) have made a significant contribution to the provision of support for students experiencing learning difficulties and learning disabilities in Queensland state primary schools over almost forty years. During the 1990s with the implementation of an inclusive curriculum in schools, and in recent years, with changing systemic expectations of how academic performance might be improved, these teachers have increasingly participated in collaborative models with their classroom colleagues to provide for students experiencing various barriers to learning. This study focuses on the nature of exemplary practice as perceived through the eyes and voices of six exemplary STLD teachers. In keeping with this intent, a process of selecting the participants for in-depth study was instigated in a professional community of state primary STLD teachers located in a Brisbane education district to determine at the grass-roots what an exemplary STLD teacher might “look like”, and which six teachers in that community might contribute to the community‟s understanding of exemplary STLD teaching practice. These contributions are represented in six case studies, referred to as “portraits” and were co-constructed, that is through a dialogic process between the participant and me. Each portrait communicates an aspect of teaching practice and the experiential knowledge that underpins it. The term “exemplary” has been adopted consciously to denote “that serves as an example” (Harper, 2001) in contrast to the term “expert”, which frequently carries a technical connotation. A mixed methodology was adopted (Lincoln & Guba, 2003) in this qualitative study in anticipation of the need to draw upon various methods that in combination might assist in viewing, conceptualizing and harnessing the dynamic complexity expected to be evident in grassroots practice. First, various expressions of constructivism contributed, with the major influence being social constructivism to denote a “house” or a community of professionals in ongoing dialogue. 6 This provides the framework within which the study has been undertaken. Second, phenomenology, most particularly the work of Moustakas (1994) and van Manen (1990, 1994, 1995, 2007), is the primary source for the inspiration (van Manen) and the methods and tools (Moustakas) to explore the nature of their practice. Phenomenological approaches were adopted with the expectation they could assist in highlighting the essence of each individual‟s practice while allowing for the eliciting of experiential themes that are of importance to the professional community of STLD teachers. Finally, studies of practical teacher knowledge (Elbaz, 1983) in association with narrative inquiry (Connolly & Clandinin, 1988) have provided further insights into how the collective expression of these teachers might be displayed. The primary preoccupation of the portraits is the teachers‟ provision of support for individual students, and the nature and quality of the relationships enlisted in the service of making this provision. The teachers‟ transactions on behalf of these students are indicative of a raft of values, ideals, collaborative and communication skills which might be subsumed by the term relatedness, and the ability to see astutely the elements in various situations that need attentiveness. Their practice in action appears to be best encapsulated by Van Manen‟s (1995) term “pedagogical tact”, a term borrowed to capture the nature of the pedagogical relationships infused into their personal and professional selves. Three views of practice are provided to display and illuminate the nature of the six exemplary teachers‟ collective practice – View 1: “From the inside” which reveals the metaphors that inhabit their practice and the significance they have for their practice; View 2: “From the outside” which, through the vehicle of a narrative highlights a STLD teacher and a classroom teacher undertaking a collaborative process of providing for Dayne a student experiencing significant difficulties; View 3: “Thinking together” which provides an edited script elicited from a conversation of the participating exemplary STLD teachers. Collectively, the three views reveal what is at the heart of learning support for the six teachers. In addition, aspects of practical knowledge that are particularly pertinent to learning support practice are discussed. 7 Finally, the effectiveness of the methods adopted for the study is explored. First, the screening process successfully enabled the selection of participants who had developed their craft to a sophisticated degree enhanced by their own “personal signature” (Eisner, 1991). Second, the adoption of a combination of a social constructivist framework and phenomenological approaches provided appropriate vehicles to enable the construction of six portraits of practices that exemplified significant aspects of practice. Third, the difficulties of authenticating the portraits using a cohort of critical friends from the STLD community and forging links with the community are discussed. Finally, I raise the possibility of embedding the portraits in professional development contexts where early career STLD teachers may wish to reflect on their practice.

Support teachers learning difficulties (STLD) have made a significant contribution to the provision of support for students experiencing learning difficulties and learning disabilities in Queensland state primary schools over almost forty years. During the 1990s with the implementation of an inclusive curriculum in schools, and in recent years, with changing systemic expectations of how academic performance might be improved, these teachers have increasingly participated in collaborative models with their classroom colleagues to provide for students experiencing various barriers to learning. This study focuses on the nature of exemplary practice as perceived through the eyes and voices of six exemplary STLD teachers. In keeping with this intent, a process of selecting the participants for in-depth study was instigated in a professional community of state primary STLD teachers located in a Brisbane education district to determine at the grass-roots what an exemplary STLD teacher might “look like”, and which six teachers in that community might contribute to the community‟s understanding of exemplary STLD teaching practice. These contributions are represented in six case studies, referred to as “portraits” and were co-constructed, that is through a dialogic process between the participant and me. Each portrait communicates an aspect of teaching practice and the experiential knowledge that underpins it. The term “exemplary” has been adopted consciously to denote “that serves as an example” (Harper, 2001) in contrast to the term “expert”, which frequently carries a technical connotation. A mixed methodology was adopted (Lincoln & Guba, 2003) in this qualitative study in anticipation of the need to draw upon various methods that in combination might assist in viewing, conceptualizing and harnessing the dynamic complexity expected to be evident in grassroots practice. First, various expressions of constructivism contributed, with the major influence being social constructivism to denote a “house” or a community of professionals in ongoing dialogue. 6 This provides the framework within which the study has been undertaken. Second, phenomenology, most particularly the work of Moustakas (1994) and van Manen (1990, 1994, 1995, 2007), is the primary source for the inspiration (van Manen) and the methods and tools (Moustakas) to explore the nature of their practice. Phenomenological approaches were adopted with the expectation they could assist in highlighting the essence of each individual‟s practice while allowing for the eliciting of experiential themes that are of importance to the professional community of STLD teachers. Finally, studies of practical teacher knowledge (Elbaz, 1983) in association with narrative inquiry (Connolly & Clandinin, 1988) have provided further insights into how the collective expression of these teachers might be displayed. The primary preoccupation of the portraits is the teachers‟ provision of support for individual students, and the nature and quality of the relationships enlisted in the service of making this provision. The teachers‟ transactions on behalf of these students are indicative of a raft of values, ideals, collaborative and communication skills which might be subsumed by the term relatedness, and the ability to see astutely the elements in various situations that need attentiveness. Their practice in action appears to be best encapsulated by Van Manen‟s (1995) term “pedagogical tact”, a term borrowed to capture the nature of the pedagogical relationships infused into their personal and professional selves. Three views of practice are provided to display and illuminate the nature of the six exemplary teachers‟ collective practice – View 1: “From the inside” which reveals the metaphors that inhabit their practice and the significance they have for their practice; View 2: “From the outside” which, through the vehicle of a narrative highlights a STLD teacher and a classroom teacher undertaking a collaborative process of providing for Dayne a student experiencing significant difficulties; View 3: “Thinking together” which provides an edited script elicited from a conversation of the participating exemplary STLD teachers. Collectively, the three views reveal what is at the heart of learning support for the six teachers. In addition, aspects of practical knowledge that are particularly pertinent to learning support practice are discussed. 7 Finally, the effectiveness of the methods adopted for the study is explored. First, the screening process successfully enabled the selection of participants who had developed their craft to a sophisticated degree enhanced by their own “personal signature” (Eisner, 1991). Second, the adoption of a combination of a social constructivist framework and phenomenological approaches provided appropriate vehicles to enable the construction of six portraits of practices that exemplified significant aspects of practice. Third, the difficulties of authenticating the portraits using a cohort of critical friends from the STLD community and forging links with the community are discussed. Finally, I raise the possibility of embedding the portraits in professional development contexts where early career STLD teachers may wish to reflect on their practice.

A tese oferece uma contribuição para a leitura do dano moral pela perda de uma chance (DMPC) no ordenamento jurídico brasileiro, a partir de onze acórdãos do Tribunal Regional do Trabalho da 4ª Região. O problema de pesquisa, assim, desdobra-se: (a) Qual é a interpretação de DMPC construído a partir da leitura da norma, da doutrina e da jurisprudência? (b) Qual é a interpretação de DMPC que se constrói pela leitura de acórdãos do TRT4? e (c) Para os Desembargadores, quais são os elementos caracterizadores do DMPC a partir dos acórdãos? O objetivo geral da tese é analisar o conceito de DMPC na sua leitura/interpretação, a partir da estrutura dos argumentos utilizados nos acórdãos. Os objetivos específicos são a identificação das condições de produção e a forma discursiva dos acórdãos; a análise das pistas linguísticas e dos argumentos mais fortes apresentados pelos Desembargadores e como eles guiam o leitor para a sua compreensão; e a análise da justificativa dos enunciados nos acórdãos. Situa-se a questão sobre o DMPC através de autores como Higa (2012); Martins-Costa (2014) e Savi (2012), para, na sequência, ser apresentada a possibilidade de interpretação desse dano, com base na Nova Retórica de Perelman e Olbrechts-Tyteca ([1988] 2005), viabilizando uma leitura a partir do ambiente sociocultural no qual o sistema jurídico está inserido, focalizando a influência que questões valorativas exercem sobre ele. Trata-se de uma pesquisa interdisciplinar de Estudo de Caso, que demonstra o uso reiterado dos argumentos baseados na estrutura do real (ABER), de ligação de sucessão, das espécies pragmático e de autoridade; dos argumentos quase lógicos (AQL) por meio de uma identidade completa da definição normativa; e os argumentos de ligação que fundamentam a estrutura do real (ALFER), por meio do recurso ao caso particular (exemplo). Os elementos destacados pelos Desembargadores para caracterizar o DMPC, a partir da leitura dos acórdãos são: a conduta de terceiro (ato ilícito), que interfira na certeza de probabilidade de obter um lucro ou evitar um prejuízo de alguém e a frustração pela perda de uma concreta e real probabilidade de vantagem, preocupando-se com o respeito à dignidade da pessoa humana. / Submitted by Ana Guimarães Pereira (agpereir@ucs.br) on 2016-05-12T13:01:58Z No. of bitstreams: 1 Tese Barbara Bedin.pdf: 2636218 bytes, checksum: eefbd29886d72f11c699e824f00247d9 (MD5) / Made available in DSpace on 2016-05-12T13:01:58Z (GMT). No. of bitstreams: 1 Tese Barbara Bedin.pdf: 2636218 bytes, checksum: eefbd29886d72f11c699e824f00247d9 (MD5) Previous issue date: 2016-05-12 / The thesis offers a contribution to the reading of moral damages for the loss of a chance (MDLC) in the Brazilian legal system, from eleven judgments of the Regional Labor Court of the 4th Region (TRT4). The research problem thus unfolds: (a) What is the interpretation of MDLC built from the reading of the standard, the doctrine and the jurisprudence? (b) What is the interpretation of MDLC which is constructed by the reading of judgments of TRT4? and (c) for the Judges, what are the features which characterize the MDLC from the judgments? The overall aim of the thesis is to analyze the concept of MDLC in its reading/interpretation from the structure of the arguments used in the judgments. The specific objectives are the identification of the conditions of production and the discursive form of the judgments; the analysis of linguistic clues and the strongest arguments presented by the Judges and how they guide the reader to their understanding; and the analysis of the justification of the statements in the judgments. It lies the question of MDLC by authors such as Higa (2012); Martins-Costa (2014) and Savi (2012), in order to, then, present the possibility of interpretation of such damage based on the New Rhetoric of Perelman and Olbrechts-Tyteca ([1988] 2005), enabling a reading from the socio-cultural environment in which the legal system is inserted, focusing on the influence that evaluative questions have on it. It is an interdisciplinary research of Case Study which demonstrates the repeated use of arguments based on the actual structure (ABBAS), on relations of succession, on pragmatic and authority species; use of quasi-logical arguments (QLA), by the means of a full identity of the rule-based definition; and of liaison arguments underlying the real structure (LAURS) through the use of the particular case (example). The elements highlighted by the Judges to characterize the MDLC based on the reading of the judgments are: a third-party conduct (tort), which interferes with certain probability of making a profit or avoid a loss of someone and frustration over the loss of a concrete and real likelihood of advantage, concerning about the respect for the human dignity.

A tese oferece uma contribuição para a leitura do dano moral pela perda de uma chance (DMPC) no ordenamento jurídico brasileiro, a partir de onze acórdãos do Tribunal Regional do Trabalho da 4ª Região. O problema de pesquisa, assim, desdobra-se: (a) Qual é a interpretação de DMPC construído a partir da leitura da norma, da doutrina e da jurisprudência? (b) Qual é a interpretação de DMPC que se constrói pela leitura de acórdãos do TRT4? e (c) Para os Desembargadores, quais são os elementos caracterizadores do DMPC a partir dos acórdãos? O objetivo geral da tese é analisar o conceito de DMPC na sua leitura/interpretação, a partir da estrutura dos argumentos utilizados nos acórdãos. Os objetivos específicos são a identificação das condições de produção e a forma discursiva dos acórdãos; a análise das pistas linguísticas e dos argumentos mais fortes apresentados pelos Desembargadores e como eles guiam o leitor para a sua compreensão; e a análise da justificativa dos enunciados nos acórdãos. Situa-se a questão sobre o DMPC através de autores como Higa (2012); Martins-Costa (2014) e Savi (2012), para, na sequência, ser apresentada a possibilidade de interpretação desse dano, com base na Nova Retórica de Perelman e Olbrechts-Tyteca ([1988] 2005), viabilizando uma leitura a partir do ambiente sociocultural no qual o sistema jurídico está inserido, focalizando a influência que questões valorativas exercem sobre ele. Trata-se de uma pesquisa interdisciplinar de Estudo de Caso, que demonstra o uso reiterado dos argumentos baseados na estrutura do real (ABER), de ligação de sucessão, das espécies pragmático e de autoridade; dos argumentos quase lógicos (AQL) por meio de uma identidade completa da definição normativa; e os argumentos de ligação que fundamentam a estrutura do real (ALFER), por meio do recurso ao caso particular (exemplo). Os elementos destacados pelos Desembargadores para caracterizar o DMPC, a partir da leitura dos acórdãos são: a conduta de terceiro (ato ilícito), que interfira na certeza de probabilidade de obter um lucro ou evitar um prejuízo de alguém e a frustração pela perda de uma concreta e real probabilidade de vantagem, preocupando-se com o respeito à dignidade da pessoa humana. / The thesis offers a contribution to the reading of moral damages for the loss of a chance (MDLC) in the Brazilian legal system, from eleven judgments of the Regional Labor Court of the 4th Region (TRT4). The research problem thus unfolds: (a) What is the interpretation of MDLC built from the reading of the standard, the doctrine and the jurisprudence? (b) What is the interpretation of MDLC which is constructed by the reading of judgments of TRT4? and (c) for the Judges, what are the features which characterize the MDLC from the judgments? The overall aim of the thesis is to analyze the concept of MDLC in its reading/interpretation from the structure of the arguments used in the judgments. The specific objectives are the identification of the conditions of production and the discursive form of the judgments; the analysis of linguistic clues and the strongest arguments presented by the Judges and how they guide the reader to their understanding; and the analysis of the justification of the statements in the judgments. It lies the question of MDLC by authors such as Higa (2012); Martins-Costa (2014) and Savi (2012), in order to, then, present the possibility of interpretation of such damage based on the New Rhetoric of Perelman and Olbrechts-Tyteca ([1988] 2005), enabling a reading from the socio-cultural environment in which the legal system is inserted, focusing on the influence that evaluative questions have on it. It is an interdisciplinary research of Case Study which demonstrates the repeated use of arguments based on the actual structure (ABBAS), on relations of succession, on pragmatic and authority species; use of quasi-logical arguments (QLA), by the means of a full identity of the rule-based definition; and of liaison arguments underlying the real structure (LAURS) through the use of the particular case (example). The elements highlighted by the Judges to characterize the MDLC based on the reading of the judgments are: a third-party conduct (tort), which interferes with certain probability of making a profit or avoid a loss of someone and frustration over the loss of a concrete and real likelihood of advantage, concerning about the respect for the human dignity.

By examining critically poems in which Sylvia Plath’s speakers appear as daughters, wives, and mothers, this study situates Plath as an artist operating within Romantic and Modernist traditions of exemplary suffering. The thesis offers, on the one hand, a line of inquiry that accounts in part for the nature of the enduring Romantic interest in Plath, the synonymy of her cultural iconicity with pain or struggle, the way she has been read as an exemplary sufferer. On the other, it indicates Plath’s own self-conscious involvement in the Romantic tradition, the way she participates in and complicates that lineage by imbuing it with Modernist, feminist concerns. The thesis thus clarifies some vital, historico-artistic dimensions of Plath’s position as artistic sufferer (what qualifies it as exemplary), and scrutinizes the workings of suffering within the selected poems, the specifics of Plath’s exemplarity. Three thematic banners spanning across the poetic body of work are demarcated: representations of the daughter, representations of the wife, representations of the mother. All three denote major sites of conflict (agons), sites of struggle. They make for volatile, generative, provocative loci showing poetic engagements with suffering; as such, they highlight the gendered nature of the preoccupation. These categories are investigated as evolving narratives, trajectories that can be traced from the early stages of Plath’s poetic career right up until its end. Within each category special attention, in the form of a close reading, is given to select poems regarded as emblematic of a particular facet in the unfurling narrative. The study maps out and evaluates the manifestations, forms, and functions of a suffering whose genesis lies in prominent literary-historical traditions. / Thesis (PhD (English))--University of Pretoria, 2021. / English / PhD (English) / Restricted