Any person studying the history of the Cape Colony in the mid- Victorian years must soon grow aware of the contrast between what the imperial authorities said they intended to do and what they actually did. This is particularly obvious in the treatment of the frontier tribes, who lost their lands (and sometimes their lives) in the name of a policy described by one governor as based on 'morality and religion'. But it is also evident in many other spheres of government, and insistently raises the question of that British intentions really were and how far Ministers managed to achieve them. The evidence available is too vast and amorphous for a gene- ral survey to be attempted. In order to investigate the problem it is necessary to limit its scope. The period from 1846 to 1854 has been chosen because it embraced two frontier wars and a series of major administrative changes, involving prolonged consultation between Government House and Downing Street, and raising matters which affected the vital interests of the colonial population itself. It is also ground covered by other historians, but they have frequently differed as to the aims of the imperial government and the colonial reaction to them. One reason for their differences is plain: they have failed to take a comprehensive view of the sub- ject, such as the imperial government itself might have taken. Frontier policy is described as if it bore no relation to constitutional changes in Cape Town; local politics are discussed as if the British connection had little relevance. Britain's treatment of the Afrikaners led one of their leaders to style the nineteenth century a 'Century of Wrong.‘ But those sympa- thetic to the British approach have seen in it an attempt to infuse the spirit of British tolerance and justice into Cane society. They explain its contradictions by depicting an imperial power those 'high natives and worthy ends were frustrated by the inadequate resources which could be spared for the resolution of Cape problems. The material on which this conclusion rests is predominantly that found in official archives in Cape Town and London. A glance at the bibliographies of works by de Kiewiet, Galbraith, Morrell and Macmillan reveals no systematic attempt to study newspapers or other sources to check the accuracy or discover the undertones of official reporting from the Colony. Furthermore, large collections of private correspondence belonging to prominent politicians have recently been made public in Britain. Although often edited of financial or other sensitive items they still raise similar doubts about the comprehend- siveness of Colonial Office despatches. A new assessment of these sources is therefore required. In 1867 Bagehot differentiated between the 'distinguished' and the 'efficient' parts of the British constitution. The former he described as designed to 'excite and preserve the reverence of the population'; the latter as 'those by which it, in fact, works and rules'. This thesis attempts to show that Colonial Office pronouncements on the Cape likewise fall into two categories. Some were intended (again borrowing Bagehot's words) to 'win the loyalty and confidence of mankind'; others to 'employ that homage in the work of governmental. From this it follows that the statements in despatches are not invariably to be trusted, and that some are of greater significance in the interaction of Cape and British politics than others. The private correspondence helps us to differentiate. It also shows the Colonial Office less as a place where policy was made and more as one where decisions taken by Mini- sters were translated into a form understandable to governors and acceptable to the British public. Continued in thesis ...

Central point of the thesis at hand is the effort to clarify legal consequences arising out of the conclusion of the usurious contract. Its primary aim is to determine whether the usurious contract is voidable or rather null and void and whether it is possible to uphold the usurious contract either by applying the concept of partial invalidity or by judicial balancing of the grossly disproportionate considerations arising out of the usurious contract. This thesis is structured into two parts. The first chapter of the first part briefly introduces paradigms of the rules related to the usury. The second chapter analyzes individual characteristics of the usury. In the third chapter author argues for the possibility to review the contracts (showing the disproportion of considerations, defects of the abused's will and the element of abuse, however, not fulfilling all the characteristics of the usurious contracts due to narrow definition of the usury) by the good-manners-test. Second part of this thesis is divided into three chapters. The first chapter analyzes consequences resulting from the violation of the usury prohibition and their impact on the usurer's and the abused's legal position. This chapter also deals with the difficulties in terms of interpretation of rules governing invalidity of legal...

In this paper, Jürgen Habermas' account on 'The Structural Transformation of the Public Sphere' will be set into relation with the emergence of INGOs as actors in the public sphere. The emergence of NGOs, and later INGOs, can be closely linked to the transformation of the public sphere as described by Habermas. An account from the early beginnings of non-governmental associations to the institutionalized status of INGOs following the establishment of the UN aims to describe the roots and roles of such organizations as actors within the public sphere more precisely. The concept of 'good governance' will be related to the commitments of the INGO Accountability Charter of which Amnesty International (AI) is a signatory. The case of AI will then be used as an example to apply the insights gained from the theoretical perspectives explored before. The question of whether AI is successful in its application of good governance relies on the definition of 'successful'. In this paper, the definition is given by Habermas' definition of the actorness in the transformed public sphere and the fulfilment of the commitments to the INGO Accountability Charter. Identifying AI as an actor in the public sphere provides the ground on which the development and controversies surrounding this INGO will be analyzed. Understanding the role AI aspires to play is an important factor. In this context, the controversies AI has faced in the public eye become a starting point into the inquiry of what role good governance plays in AI's communicative efforts. These, in turn, are a key to the organization's attempts to counterbalance negative perceptions and to maintain its position as a successful communicative actor. The end will be formed by conclusions given on the analysis of AI's employment of good governance in transformed, transnational civil society. Points for future research will be indicated if applicable.

The aim of this thesis is to provide a detailed and comprehensive view of the work of the European Ombudsman, in particular with respect to the way in which his office can help businessmen and economic operators. The thesis shall verify the following three hypotheses: First, the work of the European Ombudsman is not limited to the application of soft law, but also includes legality review related to maladministration of EU bodies and institutions. The second hypothesis claims that out-of-court protection of rights of individuals provided by European Ombudsman may be, under certain circumstances, more effective than judicial protection. Third, the instruments of out-of-court dispute settlement introduced by EU law are so numerous and complicated that they do not enable businessmen and economic operators to find their way in a satisfactory manner. This fact is the reason for a high number of inadmissible complaints addressed to the European Ombudsman and it wastes his resources for investigating individual complaints and launching his own inititative enquiries.

Notre recherche a pour objet le processus de légalisation des écoles créées par des travailleurs paysans en ville pour scolariser leurs enfants. Contrairement aux chercheurs qui essayent jusqu’à présent de donner une explication factuelle du phénomène, nous avons souhaité en faire un laboratoire pour éclairer la question suivante : comment des initiatives privées émergent pour devenir des projets porteurs de bien commun et comment le bien commun évolue pour devenir un bien public et réformer la gouvernance de la Cité ? Plus brièvement, nous souhaitons clarifier le rôle de la personne dans les changements sociaux. Cette recherche s’est attachée à montrer ce qui se passe effectivement en Chine, notamment le rôle dynamique des initiatives privées dans les évolutions politiques et institutionnelles du pays, à travers l’exemple des directeurs d’écoles d’enfants migrants. Sur le plan théorique, la recherche a été conduite à mettre à l’épreuve une théorie socioanthropologique de la personne, dépassant l’habituelle dichotomie entre l’individuel et le collectif, et à vérifier comment celle-ci, avec ses capacités instituante et éthique, participe à l’émergence et à la construction du bien publicet à l’évolution de la Cité / This study focuses on the legalization process of schools created by migrant workers of rural origin in order to educate their children. Unlike researchers who have tried so far to give a factual explanation of the phenomenon, we aim to take this case as a laboratory to shed a light on the following question: how do private initiatives emerge to become projects embodying a common good and how does the common good evolve into a public good and reform the governance of the City? Morebriefly, we want to clarify the role of the person in social change. Our research seeks to demonstrate what is actually happening in China, in particular the dynamic role of private initiatives in the political and institutional evolutions of this country, taking as example directors of schools for migrant children. On the theoretical side, the study was conducted to test a socioanthropological theory of the person, beyond the usual dichotomy between the individual and the collectivity, and see how the person, with his or her instituant and ethical capacities, participate in the emergence and construction of the public good and the evolution of the City

This article explores the specific capacity of TV courtroom drama to dramatize civic issues and to seduce viewers to an active engagement with such issues. I argue that television series of this genre eyploit the apparent theatricality of their subject matter-trials-to invite their audiences to the deliberation of social or political issues, issues that they negotiate in their courtroom plots. contemporary courtroom dramas amend this issue orientation with a self-reflexive dimension in wich they encourage viewers to also reflect on how the dramatic construction of 'issues' shapes their civic debate. I unfold this argument through a reading of episodes from two very different legal dramas, Boston Legal (2004-2008) and The Good Wife (2009-).

Die vorliegende Arbeit untersucht den Zusammenhang zwischen der Umweltberichterstattung und der ökonomischen Leistung von Unternehmen. Dazu erfolgt nach einer Abgrenzung der wesentlichen Fachbegriffe dieser Arbeit eine umfassende Darstellung des aktuellen Standes der Forschung zu diesem Thema. Die Ergebnisse dieser Recherche verdeutlichen, dass auf dem Gebiet bereits vielfach mit unterschiedlichen Ergebnissen geforscht wurde. Einige Studien konnten einen positiven Zusammenhang zwischen der Umweltberichterstattung und der ökonomischen Leistung von Unternehmen nachweisen, viele andere hingegen nicht. Mit Hilfe dieser Ergebnisse wird eine Analyse des Zusammenhangs von Umweltberichterstattung und ökonomischer Leistung der Unternehmen des Good Company Rankings (GCR) vorbereitet. Dazu werden zu den Bewertungen des Rankings entsprechende ökonomische Kenngrößen ermittelt, welche die ökonomische Leistung der Unternehmen des GCR widerspiegeln. Anschließend wird der zu untersuchende Zusammenhang anhand linearer Einfach- und Mehrfachregressionen geprüft. Die Ergebnisse dieser Regressionen verdeutlichen, dass sich eine „gute“ ökonomische Leistung der Unternehmen positiv auf deren Umweltberichterstattung auswirken kann. Zudem kann auch eine quantitativ und qualitativ umfangreiche Umweltberichterstattung eine Steigerung der ökonomischen Leistung begründen. Diese kann unmittelbar nach Veröffentlichung der Berichterstattung erfolgen oder zeitversetzt in späteren Perioden.

Post-graduate students specializing in Community Health, are attached to different health authorities during their training. During these attachments they are exposed to the day-to-day management of health services and experience at first hand, the difficulties as well as the successes that are encountered in tending to the health needs of communities. It is also expected that post-graduate students do research projects during their attachments, usually on topics on which the health services managers need information. The topic discussed in this report was an assignment given to the author at the start of his attachment to the department of Hospital (Health) Services of the Cape Provincial Administration. The period of attachment was from February to May 1987. The whole question of the regionalization of health services is a complex one, and it is necessary that any proposals for a system of regionalization benefit from the inputs of many experts in different fields. However, as has been the experience in the United States of America, such inputs are no guarantee -that a successful system of regionalization will result. (1) In the local front, the Department of Works, at the request of the Director of Hospital Services, began an investigation into the existing system of regionalization of hospital services in 1985. This attempt was aborted, possibly because of the magnitude of the task, among other things. (2). What follows hereafter should therefore be seen as merely a framework for the development of a system of regionalization rather than as a blueprint for such a system. Perhaps a few remarks about the age-old problem of line-staff conflict would not be amiss at this stage. During the development of this framework, it became apparent that line officials might be expecting a quick proposal of regions and/ or sub-regions for the delivery of health services based on a purely management approach. As a staff official, the author naturally had different expectations. The report is an attempt to marry the two sets of expectations and it is left to the reader to judge to what extent, if at all, the author has succeeded in this attempt. Much of the data used in the study are new, and computation was done largely by hand. The generation of the data, was therefore time-consuming and much of the first phase of the study was devoted to the generation of the data and collection of data that were available from other sources. The study has proved to be a fascinating one and it is hoped that permission will be obtained to pursue the study in more detail. This report should therefore be seen as a preliminary report which addresses the question of regionalization of health services in the Cape Province in 'macro' terms. And finally, the author hopes that some of the information in this report may prove of value to those responsible for the delivery of health services to the people of the Cape Province.

No description available.

To appreciate fully the ethical dimensions inherent in the literature of the eighteenth century it is necessary to understand the moral bias of an author, a bias often best ascertained by a study of the treatment he accords good nature and prudence. Although several scholarly articles and portions of longer studies recognize the importance of these virtues for individual writers, no single work has appeared which traces fully the history of the idea of good nature and prudence as complementary virtues in the eighteenth century. The present study provides a systematic analysis of these virtues as treated in theology, ethical philosophy, and fiction from the later seventeenth century to about 1800.