Faith-based initiatives have the potential to alter church-state relationships as they remove barriers to the public funding of human services in organizations that promote the role of values, beliefs, and other characteristics of faith. In seeking to "level the playing field" for these faith-based organizations, faith-based initiatives suggest moving away from past practices, where "religious" organizations utilized public funding for the delivery of "secular" human services, and toward the public funding support of organizations whose human service activities are based on faith in a more thoroughgoing manner.This research inquires into meanings assigned to opportunities and risks related to the public funding of faith-based organizations, as articulated by a variety of stakeholders, from government officials to the leaders of faith-based organizations. The guiding research question, What are the meanings of church-state relationships for faith-based organizations?, asks the leaders of faith-based organizations in one Virginia locality, as well as other local, state, and national stakeholders, about their understandings of various aspects of the church-state relationships that develop when faith-based organizations utilize public funds for the provision of human services.The findings of this inquiry, presented in a narrative case study report, and the implications of this case study provide a richer understanding of the multiple meanings that faith-based organizations assign to relationships with government programs, government agencies, and the use of public funds. The multiple meanings of church-state relationships that are offered by diverse research participants provide valuable insights into the complex phenomenon of faith-basis organizations providing human services with government monies. The interpretations offered in this dissertation provide greater knowledge of the role of faith as a basis for publicly funded human services, and furthermore, this knowledge may find value in its recognition of the implications of faith-based, publicly funded human services.

The purpose of my thesis is to consider the importance of culpa in contrahendo which does not have a long tradition in the Czech law. However, since the 1 January 2014 it has become enshrined the Czech legal system. The instrument of culpa in contrahendo is connected with the need to protect the good faith of the parties to a contract which is an essential principle of modern contract law, particularly in continental legal systems. Despite the lack of the general duty to act in good faith while negotiating contracts in common law systems, we can see that English or American judges solve the practical problems resulting from dishonesty of one party to the contract through equitable principles such as misrepresentation or promissory estoppel. The importance of protecting good faith is visible even from international contract law documents that are important for the interpretation of national law. Chapter One contains the explanation of culpa in contrahendo as a practical instrument and I distinguish it from pre-contractual liability in the anglo-american legal systems. Despite the differences of the continental and common law systems of law, I consider, on the basis of the laws and court decision analysis, whether the Czech courts, in deciding the pre-contractual liability cases, are getting closer...

1 ABSTRACT UNJUST ENRICHMENT UNDER ENGLISH AND CZECH LAW The topic of presented thesis is "Unjust Enrichment under English and Czech Law". It aims to provide a comprehensive analysis and comparison of legal rules governing unjust enrichment in English and Czech law. The thesis is systematically divided into four principal chapters which are further subdivided. The first chapter presents an introduction to unjust enrichment. It provides a brief historical overview and a description of legal nature of unjust enrichment. It also aims to bring a basic comparison of the common law system and the civil law system to which English law and Czech law belong. Unjust enrichment on the European level is analysed in the second chapter. Two chosen soft law instruments of the European private law are presented here, namely Draft Common Frame of Reference and Principles of European Law of Unjust Enrichment, which set forth non-binding rules for the functioning of unjust enrichment. The third chapter is focused on the English law of unjust enrichment. It primarily brings the analysis of the requirements of unjust enrichment under English law. These requirements, which are based on the case law of the English courts, are as follows: (1) benefit, (2) at the claimant's expense, (3) unjust factor, and (4) lack of defence....

In this thesis we will reflect on the ethical problems faced by seniors in their final phase of life. Old age and the time, when seniors must face the idea of near death, are associated with the whole complex of issues. The objective of this thesis is not only to describe some phenomena observed in this period of life, but it also objects to a comprehensive probe into the final period of the senior's lives. Therefore, at the beginning we will try to describe the various manifestations of aging and approaching the death so that we can monitor their development and changes, especially with regard to the psyche and social contacts. In the following section the ethical problems which the seniors have to face will be described, and we will think about the options of solutions to these ethical issues. Of course, we will also take into consideration the differences in the approaches of the seniors who are and are not believers. We will focus primarily on the ethical issues in terminal stages of the life and the ethical conflicts that are directly related to dying and the death. We won't disregard the question of euthanasia and controlled suicide, brief history of the problem will also be included. Of course, it will be discussed primarily in ethical and theological terms.

Pre-Contractual Liability (Culpa in Contrahendo) Summary The purpose of my thesis is to analyse the issue of pre-contractual liability from the microcomparative perspective which subsequently serves as the tool to characterise the main features of pre-contractual liability in the realm of Czech Civil and Commercial Codes. The reason for my research is to prove the existence and importance of pre-contractual liability in the Czech legal order as well as in the sphere of the European Union in the light of its respective case laws. The thesis is composed of five chapters, each of them dealing with different aspects of negotiation stage and pre-contractual liability. Chapter One is introductory and defines basic terminology, methodology used in the thesis, scope, and aims. Chapter Two examines chosen foreign legal regulations of pre-contractual liability. The essential attention is given to Germany, Austria, and Switzerland as those legal systems are very close to the Czech one (historically and geographically). The French view is also considered because legislators seek to prepare the reform of obligation laws. Finally, common law of the United Kingdom of Great Britain and Northern Ireland and the United States of America is discussed and challenged because of its adverse approach to pre-contractual liability....

Faith inspired by living creation according to Psalm 104, Bless the LORD, O my soul! This work is concerned with the structure of Psalm 104, in various ways partition of Psalm's motives by various authors. It is aimed at analyzing of translations of selected parts, which are concerned with living creation. is concerned with variants of translation of some Hebrew (Greek and Latin) terms of animals (ibex, daman) in Czech. It compares the Psalm 104 with Egyptian Hymn to the Sun and other similar creation texts in the Old Testament. In the Old Testament is among the texts at first creation's report in Gn 1, others creations Psalms (Ps 8, Ps 19 and Ps 146) and 38-41 chapter of Job. Through many thematic similarities and disimilarities in ideas, it looks like very significant differences in the form of the texts presentations. While Psalm 104 is a praise of God in personal relationship to the God, the report of creation in Gn 1 is unpersonal story abote the God and in case of Jb 38-41 is a preaching speech of God to man. At more deeply meditation over the Psalm 104 and other similar texts, which arn't ment in more detail, is noticeable similarity of Psalm 104 with the report of the Flood in Gn 7-9 and analogical ancient myths in Mesopotamia. Also, this work is interested in a question of mythical,...

EN The purpose of my thesis is to analyse the process of secularization in the post-war era in Italy. The study is focused on lower social classes. The aim of my thesis is to show the complexity of the process such as secularization; on the one hand there are statistic numbers showing the trend of falling religiosity, on the other hand we know Italians as believers in God and Italy as a country with catholic symbols appearing openly in public. To understand this ambivalence, it is necessary to distinguish church, religion and faith. As a primary source for my thesis I have chosen novels of the neorealist writers. As neorealism tries to capture predominantly the social reality and the writers show greater capability of uncovering the motivation of historical figure than any other possible sources, selecting the works of the neorealist writers proves to be more than suitable. The main methodology chosen for my thesis is typification, through which I tried to define the social stereotypes. The thesis is composed of nine chapters. Chapters one to three describe the political, economic and social situation of post-war Italy and define the social segment on which the thesis is focused. Presented is a characterization of neorealism and the authors as well as the most important theories of secularization...

Islamic finance is rapidly gaining momentum around the world. Interpretations of Shari'ah, or Islamic law, state that investments must be free from elements of riba (interest), gharar (uncertainty), maysir (speculation) and haram (unethical) business activities. Islamic equity investing, therefore, utilizes a set of business activity screens and accounting-based screens to exclude firms considered non-permissible under Shari'ah. Despite increased academic interest, there is still much uncertainty surrounding the financial implications of these investment principles. This Ph.D. thesis, comprised of three empirical essays, aims to contribute to this debate. The first essay offers a comprehensive examination of Islamic equity index performance. The findings show that Islamic equity indices have exhibited abnormal returns on a global and developed market level, primarily due to their exclusion of stocks in the financial services sector. The second essay attempts to study the determinants of Islamic investments' financial performance, with a particular focus on the role of country-level factors. The third essay studies performance related issues associated with the accounting-based screening process. A significant proportion of these screens are documented to contribute positively to risk-adjusted performance, most notably in periods of financial market turmoil.

Scientists emphasise the fact that the global environmental crisis is a threat to all life on earth. The Bible and the church, and therefore also the Apostolic Faith Mission of South Africa, are blamed for the increasing predicament. The unilateral emphasis on biblical anthropocentrism is the direct cause of man’s dominance over creation and the exploitation of nature. This anthropocentristic way of life, in which nature is regarded to be no more than the stage upon which the human drama is enacted, and to have very little intrinsic worth, has caused animosity between the world of faith and the natural world. Man has come to believe that he has absolute tenure and that he can treat the earth as he likes. Theological interpretations have contributed to the problem by focusing on salvation theology which deals exclusively with saving humankind “from” the earth. This study aims at inculcating a biblically founded, practicable eco-awareness in the members of the AFM of SA by proving that salvation theology on its own leads to an impoverished, one-sided ethos, and that the negation of eco-equity in the Bible has far-reaching consequences in terms of sustainable development. The Bible can contribute towards restoring harmony with the earth, because the Bible has an indisputable “green” dimension. An analysis of the biblical text made the discovery of new “green” encoded values possible. In following the tracks of the new Earth Bible Series (NC Habel et al) the hermeneutics of suspicion and recovery were used to find eco-just values in the Bible. The quest for “green” encoded values yielded surprising eco-just principles that contributed towards the successful eco-friendly assessment of a number of biblical texts. The reconstruction of Israel’s nature and world view showed that Israel had indeed been aware of nature. Israel acknowledged her mutual bond with nature and her dependency on it as part of her responsibility to keep the covenant. Nature frequently acted as God’s messenger and Israel was compelled to act within certain parameters as far as nature was concerned. Israel was shaped by her environment. The use of metaphors and myths in biblical texts shows that a close bond existed with nature. God’s appearance in the form of theophanies imbued nature with intrinsic value. Israel’s broad value orientation with regard to nature can be regarded as a harmonious one. The AFM of SA was evaluated in the light of a biblically founded eco-justness and it was concluded that she has been ecologically insensitive up to the present. A closer investigation of the constitution of the church has indicated a lack of eco-justness. Furthermore an investigation into the agenda of the church during important church meetings has shown no important ecological interest. Reasons for this insensitivity could be found in the redemption theology of the church, in her doctrine concerning the hereafter and in the dualism that exists between the spiritual and the natural world. In an attempt to find solutions to the ecological paucity in the AFM of SA a first step would be to cooperate with scientists in order to achieve a greater understanding of the wonders of the biodiversity of the earth, and of its intricate cosmic design. Greater emphasis must be placed on the cosmic work of the Holy Spirit and the execution of God’s will on earth. Furthermore ecclesiastical practice could be more widely utilised in order to establish an eco-ethic. Public worship should allow for ecological responsibility. Eco-justness should be taken into account in shaping man in his totality. Social activities such as breakaway weekends and official gatherings are excellent opportunities for eco-justness to be promoted in the AFM of SA. Biblically founded eco-just knowledge will undoubtedly contribute towards a new eco-awareness in the AFM of SA. It will certainly make a difference in the country, as well as in the church and in the lives of her members. In advancing eco-justness the church will increase her influence, boost her public image and promote her contribution towards sustainable development. / Prof. H. Viviers

LL.M. (Banking Law) / It has long been the vogue that the traditional fraud exception is the only exception capable of defeating the doctrine of independence in documentary-credit and performance-guarantee practice. The reason for this is self-explanatory, for it has been stated authoritatively that fraud unravels all. And on construction, this must be the correct legal position. Even then however, the fraud exception is not in itself unassailable. Given the nature and exigency of the contractual relationships peculiar to documentary credits and performance guarantees, it is indubitable for their success that these unique contractual relationships be independent of one another. The latter argument is well established in the law and practice of many jurisdictions. Commercial comity, aspirations, expediency, fair trading and a measure of certainty, inter alia, dictate the necessity for the sanctity and preservation of the doctrine of independence. Without such certainty, international commercial enterprise and entrepreneurship will be the victims. Nevertheless, it would still be fair to state that there is a broad consensus within various jurisdictions regarding the application of a fraud exception to the doctrine of independence, which simply cannot be said for an exception based on unconscionability. There are cogent reasons for this disparity, some in favour of and some against an unconscionability exception. The question which begs an answer is whether the recognition of such an exception would erode the certainty and cash characteristics, inherent and integral to documentary credit and performance guarantee practice. These instruments were, after all, designed and predicated upon tenets of certainty and considered as immediately redeemable cash. Ultimately, this debate involves a choice between embracing commercial certainty on the one hand, and fairness on the other hand. In South Africa however, unconscionability does not exist as a specific concept of law with wide and uncertain parameters. But, the concept of good faith, equally confusing, awkwardly finds its place in the South African general law of contract, but in an informative capacity to the substantive requirements of the law, and not as an independent general defence. A defence in the general law of contract in South Africa, premised on the lack of good faith is bad in law, given the established brocards such as inter alia, caveat subscriptor, caveat emptor, pacta sunt servanda, 5 and the contra proferentem rule. South African legal heritage and precedent have jettisoned the exceptio doli generalis, and this precedent is peculiarly protected by the judiciary at the highest level. Good faith, in the South African context, is not the equivalent of the so called doctrine of unconscionability analysed and discussed in the academic literature and court decisions of certain common-law jurisdictions, but the exceptio doli generalis may have been, or rather, if properly developed, could have been. And so, from a South African perspective, there is the added difficulty of considering the introduction of a foreign broad-based, uncertain and undefinable doctrine grounded in equity, when the narrowly defined concept of good faith, only informative of the substantive law, finds no general application in the law of contract in South Africa. Regard will thus be had to inter alia: the nature, scope and elements (facta probanda) of this exception; certain arguments for and against its recognition; its inability to be defined with the necessary precision required for legal efficacy and practice; its lack of certainty being in essence descriptive of a host of other conduct short of fraud and inclusive of fraud; and whether the case for its recognition might perhaps have merit and applicability in relation to performance guarantees, separate and distinct from documentary credits.