The purpose of this thesis is to assess the impact of the EU Charter of Fundamental Rights (the Charter) on the employment relationship. The Charter has long been praised for its inclusion of socio-economic rights alongside traditional civil and political rights. It might have been thought, therefore, that the Charter would be a particularly potent tool in the employment context, characterised as it is, by the continuous interaction between economic and social rights. However, to draw an analogy from George Orwell's Animal Farm, although 'all rights are equal, some rights are more equal than others'. Not only does the Charter distinguish between 'rights' and 'principles', but the EU Court of Justice (CJEU) seems actively to prioritise the Charter's economic freedoms over the social rights. This thesis focuses on the consequences of this variable geometry for the regulation of the employment relationship. In particular, it examines the widening gap between contractual autonomy/business freedom as a fundamental right found in article 16 of the Charter and the employment rights contained in the Solidarity Title. Of particular concern from an employee's perspective is the decision of the CJEU in the case of Alemo-Herron and its progeny. In a series of highly deregulatory judgments, the CJEU has found that the employee-protective aim of the relevant legislation was incompatible with the employer's freedom to conduct a business. At the same time, the CJEU has been reluctant to invoke the Charter's employment rights to give an employee-friendly reading to legislation. The effect of this divergence for the employment relationship is explored in two ways. On a micro level, the thesis looks to the very practical or 'day to day' influence of fundamental rights at various stages in the life cycle of the employment contract. It addresses the relationship between individually agreed employment terms and fundamental rights sources. The macro level considers the broader question of the effect of fundamental rights on the EU's (or the State's) ability to regulate the employment relationship more generally. It is demonstrated that there may be a systemic problem with fundamental economic freedoms being prioritised over social rights, namely the employment provisions of the Charter.

Digitized by Kansas Correctional Industries

Longtemps, le sport, pratique physique à l'opposé de toute activité intellectuelle, fut regardé avec dédain et si peu de considération par les juristes. C'était commettre une erreur au regard de la place qu'il a pris dans la vie économique et des affaires, à l'échelle internationale. Les années quatre-vingt-dix ont vu éclore des thèses en droit du sport. L'exploitation économique de l'image sportive, notamment celle du footballeur professionnel, a commencé à se sentir à l'étroit dans le cadre du droit commun. L'inadaptation fiscale pose en outre une véritable problématique au regard des enjeux de compétitivité sportive et économique. L'étude comparée des droits français et italien de la capitalisation contractuelle de l'image footballistique permet, à la lumière et sous les auspices du droit européen, de dégager les prémices d'un droit spécial de l'image sportive, un droit plus pragmatique que théorique, dont l'ambition est tant de préserver la sécurité juridique de la situation des sportifs professionnels que de poursuivre l'harmonisation juridique européenne dans une discipline d'actualité, le droit du sport. Dans le respect des grandes libertés fondamentales et des droits de la personnalité, pouvons-nous, devons-nous, capitaliser l'image footballistique ? Autrement dit, le sportif professionnel peut-il disposer d'un droit de propriété sur son image sportive et, partant, jouir d'un droit sui generis de propriété intellectuelle ? C'est là toute l'ambition de cette thèse. Pris ici en exemple, le football pourrait alors devenir le fer de lance d'autres sports-spectacles, comme le rugby. / For a long time, sports – physical performance, as opposed to intellectual activity – were viewed as having little consequence by condescending law practitioners. This was, however a mistake in regards to the role sports had taken in the economic and business world at an international level. In the 1990s, there arose a number of legal theses about sports. The economic exploitation of sports’ image, notably the image of the professional soccer player, became restricted in the context of the common law previously serving only intellectual and industrial property. This fiscal unsuitability also poses a real threat to the athletic competitiveness at stake. A comparative study of Italian and French laws of contractual capitalization of the public image of soccer, in the face of European law, allows us to create a set of laws specialized for the athletic image, a real set of laws more pragmatic than theoretical, for which the goal is to preserve the legal security of professional athletes as well as to expand upon the European legal uniformity of athletic law, a very current issue. With respect to the fundamental freedoms and the rights of self, do we have the right to capitalize on the public image of soccer players ? In other words, can the professional athlete exercise the right to ownership of his own public image ? This is the ambition of this thesis. If such a law could be implemented, soccer could then become a role-model for other spectator-sports, like rugby.

This thesis examines the relationships between fictional narratives and material objects through writing and sculptural practice. Its purpose is to explore how fiction assists in an understanding of the world we inhabit and, conversely, how our experiences of the world and its real and physically accessible contents (or objects) prevent fiction from transgressing into nonsense. It is anticipated that the combination of material practice and textual fiction will not be an easy marriage: it may be the objects which ultimately give presence to our voices, voices which historically have often attempted to claim and own of things through utterance. The sculptural component of the project addresses the tactility of objects and examines the space where so many tales are told – the home. In so doing, the project explores issues of isolation and connection through objects and materials which harbour a narrative of ostensible comfort. Objects may simultaneously project conflicting accounts of comfort and unease, connection and isolation, contributing to an articulated consciousness of the home.

Doctor of Philosophy(PhD) / This dissertation aims to examine the manner in which the concept of autonomy (jiritsu) is treated in modern and contemporary Japanese literature. This examination will be performed by analysing the autonomous attitude of a contemporary Japanese writer Nakagami Kenji (1946–1992). This dissertation focuses on examining Nakagami Kenji’s ambivalent attitude towards his act of writing. We will explore the manner in which his act of writing appears to be a paradox between self-identification and the integration into the collective. Then, we will observe the possibility in which Nakagami’s ambivalent attitude is extended to cover Maruyama Masao’s relative definition of autonomy and Karatani Kōjin’s interpretation of Immanuel Kant’s notion of freedom and responsibility. Nakagami’s attempt is certainly not confined to only his works. The notion of autonomy may be applied to perceive a similar thought that was represented by previous writers. We will also examine various never-ending autonomous attempts expressed by Sakaguchi Ango, Miyazawa Kenji and Nakahara Chūya. Moreover, we will analyse how Nakagami’s distrust of the modern Japanese language and his admiration of the body as an undeniable object are reflected in his major novels in detail and attempt to extend this observation into the works of the theatrical artists in the 1960s such as Betsuyaku Minoru, Kara Jūrō, Hijikata Tatsumi and Terayama Shūji and contemporary women writers such as Tsushima Yūko, Takamura Kaoru, Tawada Yōko and Yoshimoto Banana. These writers and artists struggled to establish their autonomous freedom as they encountered the conflict between their individual bodies that personifies their personal autonomy and the modern Japanese language that confines them in the fixed and submissive roles in present-day Japan. In this dissertation, I would like to conclude that Nakagami Kenji’s ambivalent attitude towards his act of writing can be an eternal self-legislation, that is, his endless attempt to establish autonomous freedom, which evolves from the paradox between the individual (body) and the collective (language).

No description available.

Twentieth-century analytic philosophy ushered in a renewed interest in an ethical theory known as the Divine Command Theory of ethics (DC). Consequent to the work of G.E. Moore, philosophers have been involved in metaethics, or how we may ground ethical terms such as “good” and “right”. The traditional DC response is to argue that God is the source of good, and best serves that role in that He is an “ideal observer” of all states of affairs. The question is how is God’s will relevant to determining the moral status of actions? At this point one may distinguish between what God wills and what God in fact commands. However, the contemporary debate is to determine whether it is God’s commands or God’s will that is primary in determining moral obligation. The most vivid portrait of this distinction is found in the binding of Isaac. There we note that God commands Abraham to sacrifice Isaac, but it is not at all clear that God wills the actual death of Isaac. Thus, in this work I will present and defend a coherent DC view of ethics, whereby our moral obligations are derived from the commands of God. In chapter II I will provide a brief history of philosophers who have endorsed DC. In chapter III I will argue that the best ground for objective moral values is best defined by DC. Chapter IV will be devoted to my particular argument for DC. I will take up the task of defending the traditional command view of DC. Chapters V and VI will be devoted to developing plausible responses to major objections to DC. In chapter V I will attempt a resolution of the famous Euthyphro dilemma, and in chapter VI I will argue that endorsing a DC view of ethics in no way negates the autonomy of the moral agent.

<p>Over the past decades, transitions from repressive rule to democracy have increased all over the world, aiming at establishing disclosure and accountability for the crimes perpetrated. One way of assessing the &ldquo / solidity&rdquo / of these new democracies is to look at their provisions on freedom of expression, one of the most precious and fragile rights of man. The right to freedom of expression was recognised by classical traditional liberal theory as from the eighteenth century. It considered it as a useful tool to enhance true statements within the &ldquo / marketplace of ideas&rdquo / . Liberals also believed that such right was a prerequisite for individual autonomy and selffulfillment. They claimed that it strengthened democracy, by allowing individuals to receive all information on issues of public concern which they needed to vote intelligently. Lastly, they argued that it promoted the ideal of tolerance. Since then, the right to freedom of expression has been considered a cornerstone of democracy and protected as such by international instruments among which the International Covenant on Civil and Political Rights of 1966, the African Charter for Human and Peoples&rsquo / Rights of 1981 and the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950.</p>

This thesis argues that the current Canadian approach to freedom of religion is inconsistent with Canada’s approach to multiculturalism. It begins by placing Canada’s multiculturalism legislation into the broader intellectual context of the leading political theories on the governance of diverse populations. It then examines the Canadian case law regarding freedom of religion, arguing that the prevailing rights-based approach produces consequences inconsistent with Canada’s legislated commitments to multiculturalism. It posits that the individualism of rights-based analysis, the pressure to frame religion in pre-defined ways, and the tendency of courts to speak in the language of tolerance are all troublesome. Further, it argues that when disputes are framed in terms of rights, meaningful dialogue is less likely and compromises are difficult to achieve. It then proposes an alternative, “difference-based” approach to disputes involving religion, which provides a framework more consistent with Canada’s multicultural ideals.

This thesis addresses numerous key points on the application of the margin of appreciation principle in relation to Article 9 (2) of the European Convention on the Protection of Human Rights and Fundamental Freedoms ('Convention').1 In general terms, the margin of appreciation doctrine means that the State is allowed a certain measure of discretion, subject to European supervision, when it takes legislative, administrative, or judicial action in the area of a Convention right.2 The margin of appreciation is given to Contracting States to allow variation amongst them in terms of interpretation of the rights guaranteed.