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Essai sur l'équité en droit pénal / Essay on Fairness in Criminal LawAndré, Amélie 09 December 2015 (has links)
À première vue, l’équité apparaît comme un phénomène absent du droit pénal. Il faut dire que l’idée de l’équité a été victime d’une histoire mouvementée autorisant les plus grandes confusions à son égard, lesquelles se sont cristallisées sous la période révolutionnaire. L’absence de référence explicite à la notion et l’anathème dont elle fait l’objet, dans une matière qui ne tolère aucun facteur déstabilisant, ne sauraient pourtant signifier que l’équité ait été totalement évincée du droit pénal. En réalité, elle est un phénomène occulte, dont il faut révéler les manifestations latentes, pour finalement convenir d’une utilisation implicite de la notion par le juge et le législateur. La rigidité inspirée par la légalité criminelle n’étant qu’apparente, l’équité jouit en effet d’une importante marge d’expression. D’une part, flexible, l’équité permet de réaliser une égalité concrète. Elle se trouve en conséquence implicitement tolérée dans la matière pénale en tant qu’outil d’harmonisation du droit. L’équité joue alors un rôle de complément à la loi pénale, en assurant le passage du général – la loi – vers le cas particulier. D’autre part, l’équité peut être mobilisée par le juge pénal, sans qu’il en ait nécessairement conscience, lorsque, confronté à un cas particulier, il décide de contourner l’application de la loi pénale qui risquerait de produire des effets iniques. Au service d’un jugement individuel subjectif, en référence à des valeurs issues du fond culturel dont il procède, l’équité s’exprime hors du cadre de la loi pénale. Elle se place alors en élément perturbateur venant concurrencer l’échelle des valeurs fixées par le législateur. Qu’elle vienne compléter ou concurrencer la loi, l’équité constitue toujours un moyen d’interroger les objectifs de la matière pénale dans la mesure où elle est souvent à l’origine d’évolutions législatives. En définitive, l’étude démontre que l’équité, sans être un principe autonome, est au coeur du droit pénal. / The lack of clear reference to fairness and the fact that it’s rejected in criminal law which does not tolerate any destabilizing factor does not mean that fairness is totally excluded from it. Actually it is a hidden phenomenon. Judges and legislators use the notion tacitly. As the rigidity of the principle of legality seems to be only apparent, fairness has in fact quite some room to express itself in criminal law.On the one hand, the flexibility it allows, and the underlying goal to carry out concrete equality both explain it be tolerated in some respects as a tool to standardize law. The need for flexibility is inherent to each legal system. Fairness has a complementary role for criminal law. It enables to guarantee the transition from generality – that is law – to particular cases. On the other hand, fairness can beimplemented by judges in order to circumvent the application of criminal law when it induces iniquitous consequences. As the expression of subjective individual judgment which refers to judges’ values, fairness is expressed beyond law itself. Ultimately, our study shows that fairness, without being an independent principle, is at the heart of criminal law, because at last, expressed as a complement or as an adversary to criminal law, looking for fairness often leads to legislative evolutions.
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"Det är väldigt svårt att utgå från något annat än elevens förmågor..." : individualisering som den framstår utifrån fyra olika klassrumGustafsson, Tina January 2009 (has links)
<p>The school is responsible to make sure that each students´ individual needs are met as well as that the lessons are suitable for all students´ ability. As this is the case it is very interesting to evaluate how this is done in reality. The purpose with the study has been to shed light upon what different methods teachers in various schools use in order to individualize their teachings. Are their obvious differences in the way teachers work with individualization and how does this affect the students? The teachers in the different schools provided me with information on how they work in order to teach, stimulate and motivate well achievers as well as students who find school more difficult. I also asked if, and to what degree they apply different learning techniques as well as if, and how often they consider various learning styles.</p><p>The phenomenological study is qualitative. Methods used are interviews with the different teachers as well as observations in all four classrooms. The classes were each observed for a full day and after time spent in the classroom teachers involved that particular day was interviewed.</p><p>The results showed that the teachers work in many different ways in order to individualize their teaching. It was also clear that there were differences on the classrooms physical shape as well as material and books. There were also differences in class sizes and the amount of teachers in the classrooms – which surely affected the situations. A conclusion of the study is that two main methods of individualization were noted. One method used by one group of teachers was to let all students work on the same problems but to their own ability. The other group of teachers used and offered, to a larger extent, different and various materials to their students in order to meet the child at its level of scholastic development and ability.</p>
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"Det är väldigt svårt att utgå från något annat än elevens förmågor..." : individualisering som den framstår utifrån fyra olika klassrumGustafsson, Tina January 2009 (has links)
The school is responsible to make sure that each students´ individual needs are met as well as that the lessons are suitable for all students´ ability. As this is the case it is very interesting to evaluate how this is done in reality. The purpose with the study has been to shed light upon what different methods teachers in various schools use in order to individualize their teachings. Are their obvious differences in the way teachers work with individualization and how does this affect the students? The teachers in the different schools provided me with information on how they work in order to teach, stimulate and motivate well achievers as well as students who find school more difficult. I also asked if, and to what degree they apply different learning techniques as well as if, and how often they consider various learning styles. The phenomenological study is qualitative. Methods used are interviews with the different teachers as well as observations in all four classrooms. The classes were each observed for a full day and after time spent in the classroom teachers involved that particular day was interviewed. The results showed that the teachers work in many different ways in order to individualize their teaching. It was also clear that there were differences on the classrooms physical shape as well as material and books. There were also differences in class sizes and the amount of teachers in the classrooms – which surely affected the situations. A conclusion of the study is that two main methods of individualization were noted. One method used by one group of teachers was to let all students work on the same problems but to their own ability. The other group of teachers used and offered, to a larger extent, different and various materials to their students in order to meet the child at its level of scholastic development and ability.
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Nivågruppering / Ability Grouping : a Case Study in a School in a Suburb of StockholmRoos, Emma January 2006 (has links)
The aim of this essay is to examine if the attitudes and the experiences of Ability Grouping are the same on different levels of the school organisation. I have chosen to answer the following two questions: · Have the teachers, the students and the headmaster the same idea concerning the educational model at the school, that is, the pros and cons of Ability Grouping? · Does the intentions of the curriculum agree with this educational model? I knew what I thought about the educational model at the school that is the object of this essay, after spending ten weeks at it as a trainee, but I felt that I would be interesting to know what the people who are part of that system everyday think about it. In order to be able to answer my questions, I used both the qualitative and the quantitative method. I interviewed the headmaster and five teachers to find out what they thought about Ability Grouping. I also distributed inquiries to 70 students from 6th to 9th grade to get their point of view. In the theoretical discussion I explain the meaning of different conceptions that I use throughout this essay. I also discuss different theories to give examples of pros and cons of Ability Grouping. My conclusion is that the majority of the students think that Ability Grouping is either a good or a very good way of organizing the students in school. All the teachers except one prefer Ability Grouping to the traditional way of grouping the students, that is, in classes that are mixed concerning the level of knowledge but where everybody is at the same age. The main concern though, both among the students, the teachers and the headmaster, is that the students get more shy when they work in groups that are mixed, and that the students who are not that good in school loose someone to look up to. The Ability Grouping model that this school uses, which is more flexible than the traditional one, agree with the intentions of the curriculum in many ways. To agree with it to the full extend though, you need to add the traditional classes as well, which also is the mix that the school has chosen.
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Att lära på olika sätt : En studie om pedagogers syn på elevers olika lärstilar / To learn in different ways : A study about how teachers relate to students different learning stylesEdwall Pettersson, Anna January 2010 (has links)
The intention with my study is to examine how teachers in school relate to the concept of learning styles and how they define an individualized education that focus on students’ different learning abilities. My intention is also to raise their thoughts about what they think the benefits and the deficits may be with an individualized education that focuses on students’ individual ways to learn. My study is based on the empiric material I have collected from interviews with five teachers, whom all worked in grade three. To analyze and discuss the interview answers I have had to my help Dunn-, Kolbs- and Gardners theories about peoples different learning abilities and learning styles. The conclusions I have made from the results of the study is that almost all the respondents reason all the same about students different learning styles. They all agree about that every student has the right to get an education that matches their learning abilities. Despite that I can see some differences in how they define an education that suits individual learning styles and how they teach in their classrooms. Every person has individual ways to take in information, individual ways how they learn and respond to different learning situations and it is important that all teachers see, notice and guide every student to make the schoolwork and learning situations meaningful.
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Att undervisa i matematik : En komparativ studie angående pedagogiska metoder i Sverige och Kina / Teaching mathematics : A comparative study concerning pedagogic methods in Sweden and ChinaWang, Jenny January 2010 (has links)
The Third International Assessment of Educational Progress (TIMMS) and the Programme for International Student Assessment (PISA) during the last decades regarding the results of mathematics teaching shows that China have a better performance than Sweden’s.Swedish teacher-guidelines focus on developing student’s individual interest and confidence for mathematics. In the Chinese teaching-guidelines for Mathematics Curriculum Standards, Ordninary Senior Secondary, the focus is given on: Elevate their mathematics literacy necessary for future citizenship and Development of citizen´s qualities (s.3).Teachers are the primary factors that impact teaching and learning of mathematics. Two teachers from Sweden and two from China were interviewed and their methods were compared in my study. The aim of my study was to understand mathematics teaching in China and Sweden. As a conclusion, this study will give advices of which concept and method should be emphasized and chosen in Mathematics teaching.
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Relationships in TV-drama series : Understanding contemporary portrayals of couplesJodén, Henrik January 2022 (has links)
Almost everyone has some experience of seeing fictional couples in visual entertainment media. A large body of research has investigated the relationship depictions and their effects on how people perceive their own relationships. These studies have clearly shown that relationship representations in movies or TV series have an impact on the way we perceive our own relationships and are regulated by our exposure to them. However, these studies have primarily focused on the romanticised representations found in romantic comedies, or children's movies. These studies have criticised these depictions as problematic and unrealistic. The statistics and selection of popular streaming services, like Netflix and HBO Max, does however reveal that these genres are not the ones that account for the most exposure. Despite this, less research has been done in genres like drama series that account for more exposure–and may render relationships in a more realistic light. The purpose of this study was therefore to describe how adult romantic relationships that subscribe to mono-normative ideals are portrayed in contemporary western drama series. Drawing on a theoretical framework of relationship theories in late modernity by authors like Beck and Beck-Gernsheim, Bauman and Illouz, the study analysed 3 seasons from each of 5 popular drama series. The findings show that relationships are depicted as a constant struggle between increasing relationship stability (through recognition) and decreasing stability through risk mentality, individualization and liquid love. In these shows, relationships are defined through the severity of problems they face, where the forces pulling couples apart simultaneously make out their foundation. The findings suggest that relationships representations in drama series are comparatively more realistic than their romanticised counterpart but no less problematic.
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Individualization of Language Teaching,Theory versus PraxisNenadic, Gordana January 2006 (has links)
Syftet med det här arbetet är att undersöka hur individualiserad undervisning fungerar i praktiken. Fyra huvudområden,som anses vara grundläggande kriterier för individualiserad undervisning dvs. ansvar, planering, motivation och kontroll undersöks närmare. För att undersöka detta använde jag mig av fem kvalitativa intervjuer med lärare som dagligen arbetar med individualiserad undervisning i grundskolans senare år. Erhållna resultat visar att variation av innehåll och arbetssätt fungerar enligt teorin. Det som inte individualiseras är tiden och målsättningen för varje elev. Istället bestäms detta av lärarna. Enligt de intervjuade lärarna beror detta på tidsbristen, stora klasser och alltfler administrativa uppgifter som åläggs dem. När det gäller språkundervisningen framkom det att det är tveksamt om kommunikationen tillgodoses med individualiserad undervisning. / The purpose of this essay is to investigate how the individualization of teaching works in practice. Four main areas: responsibility, planning, motivation and control, which are the basis of the criteria for the individualization of teaching were closely investigated. In my research I used qualitative interviews with five senior level teachers of elementary school who on daily basis work with individualization of teaching. The obtained results show that the variation of teaching contents and workforms work in accordance with the theory. However, time and goal setting are not individualized for each student since they are decided by the teachers. According to the interviewed teachers this depends on the lack of time, a large number of students in classes and the growing amount of administrative tasks that teachers have to deal with. Considering language teaching, it is not certain whether the oral communication as an integrated part of the language teaching is satisfied with this method.
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Individualizace ve výchově a vzdělávání dětí v mateřské škole / Individualization in education of children in kindergartensBenešová, Ludmila January 2013 (has links)
Education and training affect the way children's behavior, we shape children's attitudes and values. One of the ways which we can develop the personality of a child in kindergarten is to use the principle of individuation. The theoretical part is, besides development of individualization in the upbringing and education of children of preschool age, given the current requirements for the individualization of children in kindergartens. It discusses the development and acceptance of the basic needs of children of preschool age, specifies the conditions, the position of teacher for individualizing education of children in kindergarten. The practical part verifies the possibility of individualization in age heterogeneous and homogeneous model. Assesses differences and experience in these models in the approaches of preschool teachers including the effect of a specific environment specific kindergarten.
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Att se till individen i engelskaundervisningenGoc, Egzona January 2016 (has links)
The purpose of this study has been to investigate whether the teaching of Enlish in grades 2-3 is individualized for different students conditions and needs and how teachers go about doing this. To answer this I prepared the following questions: What methods and tools do teachers use to design the teaching of English (grades 2-3) to meet students varying needs and conditions? What do the teachers think they do to vary thier english teaching? How do the teachers relate to the students who are at different levels in English? This is a qualitative study based on completed observations and interviews. I have interviewed and observed three different teachers in different schools. The study is based on Lundgrens and Stensmos thoughts about framefactors and how they affect the teaching process, it is also based on the theory of Zone of proximal development and scaffolding. The results show that the teaching is individualized by the teachers offering a varied teaching with varying approaches that can satisfy many learning styles. Furthermore, the results show that teachers adapt the tasks for students based on their level during the lesson.
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