Doctor of Philosophy / Archaeological remains have long been recognised as fragile evidence of the past, which require protection. Legal protection for archaeological heritage has existed in Australia for more than thirty years but there has been little analysis of the aims and effectiveness of that legislation by the archaeological profession. Much Australian heritage legislation was developed in a period where the dominant paradigm in archaeological theory and practice held that archaeology was an objective science. Australian legislative frameworks continue to strongly reflect this scientific paradigm and contemporary archaeological heritage management practice is in turn driven by these legislative requirements. This thesis examines whether archaeological heritage legislation is fulfilling its original intent. Analysis of legislative development in this thesis reveals that legislators viewed archaeological heritage as having a wide societal value, not solely or principally for the archaeological community. Archaeological heritage protection is considered within the broader philosophy of environmental conservation. As an environmental issue, it is suggested that a ‘public good’ conservation paradigm is closer to the original intent of archaeological heritage legislation, rather than the “scientific” paradigm which underlies much Australian legislation. Through investigation of the developmental history of Australian heritage legislation it is possible to observe how current practice has diverged from the original intent of the legislation, with New South Wales and Victoria serving as case studies. Further analysis is undertaken of the limited number of Australian court cases which have involved substantial archaeological issues to determine the court’s attitude to archaeological heritage protection. Situating archaeological heritage protective legislation within the field of environmental law allows the examination of alternate modes of protecting archaeological heritage and creates opportunities for ‘public good’ conservation outcomes. This shift of focus to ‘public good’ conservation as an alternative to narrowly-conceived scientific outcomes better aligns with current public policy directions including the sustainability principles, as they have developed in Australia, as well as indigenous rights of self-determination. The thesis suggests areas for legal reforms which direct future archaeological heritage management practice to consider the ‘public good’ values for archaeological heritage protection.

The purpose with this qualitative interview-study was to try, from the carer´s point of view, to describe the meaning and the essence of the good meeting. The participants were selectively chosen and were all women of varying life- and professional experience. They were interviewed with four interrogative forms that dealt with the experiences of the meaning and the essence of the good meeting. The analysis of the contents of the four interviews produced five themes: the meaning and the essence of aware presence in the good meeting, the meaning and the essence of the personal alliance, the carer's need of being seen and getting appreciation, the courage to bring up insulting behaviors while still preserving the relationship, personal qualities of the care. Aware presence was to be a main theme through out the meeting. Mutual satisfaction and attention to personal boundaries was emphasized primarily in the personal alliance and trust and confidence was important. It was considered difficult, sharing your personality while still stake out boundaries. The carer also had the need to feel seen and to receive appreciation. The carer as a reward for a work, well done, took positive signals from the person in receipt of care. In close relationships and meetings, the carer sometimes felt insulted by the persons in receipt of care and their relatives. The informants to create the good meeting used personal qualities like courage, sensitivity, flair and common sense.

The dissertation studies the relationship among durable goods, price indexes and monetary policy in two sticky-price models with durable goods. One is a one-sector model with only durable goods and the other is a two-sector model with durable and non-durable goods. In the models with durable goods, the COLI (Cost of Living Index) and the PPI (Producer Price Index) identical to the CPI (Consumer Price Index) measured by the acquisitions approach are distinguished, and the COLI/PPI ratio plays an important rule in monetary policy transmission. The welfare function based on the household utility can be represented by a quadratic function of the quasi-differenced durables-stock gaps and the PPI inflation rates. In the one-sector model, the optimal policy maximizing welfare is to keep the (acquisition) price and the output gap at a constant rate which does not depend on the durability of consumption goods. In the two-sector model with sticky prices, the central bank has only one policy instrument, so it cannot cope with distortions in both sectors. Simulation results show that the PPI is an adequate price index for monetary policy and that a policy of targeting core inflation constructed by putting more weight on prices in the sector producing more durable goods is near optimal.

The problem of poverty in LDCs has been the continuing concern to the world. International organizations and other countries provide aid to LDCs for poverty reduction. Since the WTO Ministerial Conference in Hong Kong, aid for trade (A4T) became an issue of more importance. This paper is an empirical study on the nature of A4T as a public good. According to Wang (2010), the donor countries will provide more A4T as long as larger is the size of the economy, but the provision of the bilateral A4T will be insufficient to the social optimal level due to the spillover effect.. This paper will apply actual data to test the theory, using the hypothesis that, other things being equal, the lower is a partner¡¦s trade concentration; the lower is A4T received. We analyze the 22 OECD DAC members¡¦ bilateral A4T behavior from 2002 to 2007 using OECD Creditor-Reporting-System (CRS) data. Further, we also study how different types of A4T are determined. The main results of this study are:(1) Recipients¡¦ trade concentration is one determinant of the A4T received. (2) Trade concentration affects different types of A4T differently.

published_or_final_version / Politics and Public Administration / Master / Master of Philosophy

The growing recognition of obligation of Good Faith in contract law has only increased the debate surrounding this concept and its ramification on contract. The uneasiness about Good Faith should be attributed to the fact that Good Faith is an open norm or vague standard, which in practice means judicial law making. Furthermore, Good Faith suggests the teleological method of interpretation of contract and legislation in determining the rights and the duties of the parties to a contract. This, it is argued, would contradict the importance of certainty, private autonomy and commercial stability. The thesis presents the development and functions of Good Faith, in different jurisdiction, civil and common. It elaborates the arguments and counterarguments in the Good Faith debate from the context of major civil law and common law features. This will be mainly illustrated by maritime law related contracts. Finally, Good Faith in a possible uniform transnational maritime law will be discussed.

New Zealand presently operates a "free market" system of employment and labour relations in which there are no prescribed or mandatory bargaining procedures. When this system was introduced by the Employment Contracts Act 1991 (the "ECA" ) it represented a dramatic departure from the previous system of state regulated collective bargaining, conciliation and arbitration: a system that had existed in New Zealand for almost a century. Although this change in approach was supported by free market advocates, it also generated considerable international and domestic criticism. In response to that criticism, a number of New Zealand politicians stated in 1996 that they would consider imposing on employers and employees a statutory duty to bargain in good faith. However, since the end of 1996, very little has occurred in respect of this issue. Indeed, it now appears that the current New Zealand Government may have abandoned this proposal altogether. If this is, in fact, the Government's decision, it ought to be viewed with concern, for it has been made without the benefit of informed debate. Little, if any, substantive consideration has been given to whether such a duty ought to be introduced, and if so, the form it might take and impact it might have. If an informed decision is to be made to enact a duty of this nature, or not, as the case may be, its merits must be the subject of further debate. This thesis will endeavour to contribute to that debate by examining how one approach to the duty to bargain in good faith, that which applies in British Columbia, Canada, might operate in New Zealand. This examination will consist of six chapters. The first will contextualise the New Zealand arguments on whether a duty of this nature ought to be introduced into the ECA. Chapter two will then examine the duty to bargain in good faith as it applies in British Columbia industrial relations. Chapter three will take that duty, and examine the extent to which it is currently replicated in New Zealand. It will be concluded that little of the substance of this duty is to be found in the law which presently governs the New Zealand labour market. Chapter four will assess the costs of introducing a duty of this nature into the ECA, particularly in terms of reduced efficiency and freedom. Chapter five will identify a number of specific issues that will require resolution if the duty is to operate effectively in New Zealand, and the terms of a suggested statutory amendment will be proffered. It will be concluded in chapter six that introducing a duty to bargain in good faith, akin to that which applies in British Columbia, would benefit New Zealand employers, employees and society as a whole. Further, it will be argued that such a duty must be introduced if labour bargaining in New Zealand is to occur in any meaningful way for most employees. And finally, it will be suggested that if this duty is to be introduced effectively, legislative amendment will be required. For these reasons, it will be asserted that the New Zealand Government ought to revisit the issue of introducing into the ECA a statutory duty to bargain in good faith.

China has long been sceptical on mitigating sentences based on the offender’s good character, while good character mitigation is widely accepted in Canada. This study was to examine the justification of good character mitigation in Canada so that China can better face the future choice in sentencing: whether to consider good character a mitigating factor. Through examining the use of good character in Canadian sentencing practice, the justification of good character mitigation in Canada has been questioned. A three-part argument has been put forward to support the removal of good character as a mitigating factor in Canada: first, the workability of the very concept of “good character” is low; second, theoretical basis for mitigating sentences on good character is problematic; third, the present practice contributes to a form of status-based discrimination. This study shows that the justification of good character mitigation is not as strong as we have expected it to be. Even in Canada, a country which has good character mitigation with a long history, the consideration of good character as a mitigating factor needs further discussion. The adoption of good character mitigation in China should be more cautious. / Thesis (Master, Law) -- Queen's University, 2007-12-17 16:48:45.471

The aim of my thesis is to explore Calvin's understanding of the term „the common good‟ (commune bonum, bien commun): its theological grounding within his works, and its role as an inspiration for both ecclesial and social application. I seek to illustrate how his notion of the common good is constructed theologically (part A) and practically (part B). Although Calvin‟s notion of the common good has been partly dealt with by numerous scholars (mainly from a variety of socio-economic perspectives), there has been no comprehensive or systematic study to illustrate its theological significance and its doctrinal context. The aim of this study is to illuminate the wide-ranging and consistent thought on the common good discernable within Calvin‟s works; it is hoped that this indepth study of the topic will be a valuable addition to Calvin scholarship. The structure of Part A reflects how Calvin‟s three theological foundations - God‟s image, sanctification, and Law - are shaped dynamically through the three stages of humankind‟s salvation - before the Fall, after the Fall, and in Christ‟s redemption. Chapters Two - Four show how these theological foundations operate towards the restoration of God‟s original order designed for the common good in the correlation between the two fields of church and humankind, both at the divine and moral level and the spiritual and social level. In addition, the willingness and mutuality which constitute the cornerstone of Christ‟s redemption are decisive in the realization of the common good. Chapter Two argues, first, that Calvin‟s notion of the common good, drawn from his doctrine of God‟s image, is shaped by the threefold dimension of that image - the relational, substantial, and communal. For the restoration of the original order in God's creation, the universal love of humankind based upon the surviving substantial-communal image of God in humanity plays a limited part; however, the Christian‟s sanctified universal love based upon the restored relational-communal image of God in Christ plays a pivotal role. With relation to the restored image in Christ, Chapter Three shows that the most essential element of sanctified life for participating in the divine economy for the common good within the Trinitarian mode is Christian self-denial; that is, the composition of the present life designed for eternal life through the multiple sub-analyses of Christ‟s example, consecration, humility, and stewardship. Chapter Four shows how Calvin‟s integrated legalistic approach, in terms of the common good, can help us to explore another facet of his multiple understanding of God‟s image in humanity with regards to both ecclesial and social life. For Calvin, the three uses or functions of the Law can be regarded as both distinctively and inseparably incorporated into work for the common good of all people. In relation to the Law in Christ, Christian freedom can be analyzed from pedagogical, responsive, and pastoral perspectives in terms of the life for the common good. As the Decalogue is a spiritual-moral space within the mutual function of the third use and second use of the Law, Calvin‟s understanding of the two tablets demonstrates how his interpretation of both divine and natural law in terms of the common good can be co-embodied in the right relation between God and humanity and amongst people. With the above theological background in mind, Part B of this thesis, through Chapters Five and Six, continues to elucidate how, for Calvin, the notion of „the common good‟ reveals its value when it is established within the divine system of voluntary giftgiving, where it can engage with the mutual relation of the common good of the church and the common good of humankind. Calvin‟s discussion of the above theological foundations of the common good plays a vital role in the formation of its application both at ecclesial and social levels: the common good of the church (commune ecclesiae bonum) is actualized when the gifts of the Spirit given to believers in union with Christ are shared mutually, in a way which reflects the restoration of God‟s image in believers - through prayer, sacrament, office, and property through the third use of the Law. The common good of humankind (publicum generis humani bonum) is actualized when the common grace given to humanity is exchanged and shared mutually through politics, economics, and social welfare, through the interplay between the third and second use of the Law. This thesis concludes that, although the ecclesial and social common good are cooperative in a distinctive but inseparable way, the former takes priority over the latter for the current and consummative restoration of the original order both at divine and moral levels.

The Good Behavior Game (Barrish, Saunders, & Wolf, 1969) has been demonstrated to be an effective group-oriented contingency technique to decrease disruptive classroom behaviors. Typically, competing groups of students play a game by following negatively worded rules to attain specified consequences. The present study investigated the effects of rules stated in positive terms in the Good Behavior Game format to increase appropriate classroom behaviors. A class of third grade students was divided into three teams to play the game. The flip of a coin determined daily conditions and the effects of the use of positive rules were compared to the effects of negative rules. A changing criterion, multielement research design revealed both conditions effective in increasing on-task behavior. No differential was shown. However, students did indicate a preference for positive rule game days. It was recommended that research be continued comparing positive and negative conditions to increase academic performance. / Department of Educational Psychology