Made available in DSpace on 2016-04-26T20:21:39Z (GMT). No. of bitstreams: 1 Paulo Friedrich Wilhelm Lowenthal.pdf: 800567 bytes, checksum: 13e41dd30e8aca2753610f3d62d4aa53 (MD5) Previous issue date: 2013-05-14 / This paper discusses the constitutional guarantee of due process of law, with emphasis on its substantive dimension. It investigates the applicability of substantive due process within the scope of the Brazilian legal order based on precedents of the Supreme Federal Court, in addition to analyzing the origins and development of the constitutional doctrine of substantive due process in its cradle, meaning the precedents of the U.S. Supreme Court. As an interpretation instrument, identifying and understanding the interpretive phases related to the principle of substantive due process and its dimensions under U.S. Law adds breadth to the study and understanding of the substantive due process doctrine within the scope of the Brazilian legal order / O presente trabalho trata da garantia do devido processo legal, com ênfase na sua dimensão substancial. Empreende uma investigação acerca das origens e do desenvolvimento do devido processo legal substancial, enfocando o ambiente em que o mesmo apresentou seu desenvolvimento mais fecundo: a jurisprudência da Suprema Corte norte-americana. A partir da identificação das diversas fases interpretativas que o princípio do devido processo legal substancial assumiu no direito estrangeiro, a sua compreensão é enriquecida, possibilitando, ao intérprete, uma utilização mais consistente e consciente desse importante ferramental hermenêutico. Objetiva verificar a aplicabilidade, em nosso ordenamento jurídico, do devido processo legal substancial, utilizandose, para tanto, o exame da jurisprudência do Supremo Tribunal Federal

A rise in the number of high-profile cases of management failure and leadership misconduct increased the awareness of one of the core challenges of management, namely to lead responsibly and with integrity. The environment which senior managers create and within which middle managers need to function seems to have a direct bearing on the moral behaviour and integrity of the middle manager. The aim of this research was therefore to gain a better understanding of how middle managers view the impact of senior managers on their experience of integrity. There is an increasing need in organisations for responsible leadership, leadership with integrity and leadership towards developing the integrity of the follower. This study was conducted within the interpretive research paradigm. Sampling was directed by criterion-based guidelines, focusing on current middle managers from different industries in the private sector. In-depth interviews were conducted and the data was analysed using a grounded theory method. The main findings indicated that senior managers should engage in two debates with middle managers in the organisation. Firstly, integrity is not something that is demonstrated but rather means that leaders can be differentiated from other leaders when they lead with integrity. Secondly, defining integrity and linking it to personal standards and values, as well as aligning these standards and values to the organisational strategy, vision and mission, are important. The findings of this study can assist senior managers with decreasing unethical behaviour and increasing integrity in the organisation. The research provided a basic framework that can assist in creating a positive context for the viii relationship between senior managers and middle managers within which to function, in order to decrease unethical employee activity and increase integrity. / Industrial and Organisational Psychology / M.A. (Industrial and Organisational Psychology)

O objetivo desta dissertação é apresentar uma análise interpretativa da obra Le Livre Magique de Xangô, duo para violino e violoncelo, do compositor brasileiro José Antônio Rezende de Almeida Prado (1943-2010). Composta em 1985, à luz da fase pósmodernista do compositor, baseia-se na melodia de raiz afrorreligiosa o \"Canto de Xangô\". Esta melodia foi empregada por muitos compositores brasileiros, incluindo Villa-Lobos, e denota a herança nacionalista recebida por Almeida Prado durante seus primeiros anos de estudos com Camargo Guarnieri (1907-1993). Além disso, esta dissertação tem como objetivo examinar as complexidades técnico-instrumentais da obra produzindo soluções técnicas. Por fim, decidiu-se preparar a edição da partitura, pois a versão atual encontra-se em manuscrito, acrescentando as mudanças feitas sob a supervisão do compositor, ao longo dos ensaios preparatórios para o concerto de estreia mundial, em 2003. / The purpose of this dissertation is to present a performance analysis of the work Le Livre Magique de Xangô, duo for violin and cello, by the Brazilian composer José Antônio Rezende de Almeida Prado (1943-2010). Composed in 1985, in the light of the composer\'s postmodernist phase, it is based on the afro religious root melody of the \"Canto de Xangô\". This melody was used by many Brazilian composers, including Villa -Lobos, and it denotes the nationalist heritage received from Almeida Prado during his first years of study with Camargo Guarnieri (1907-1993). Moreover, this dissertation has the purpose to examine the technical difficulties found in this piece and how to solve them. Finally, the author decided to prepare a edited score, because the current version is in manuscript and including changes made under the composer\'s supervision, during the preparatory rehearsals for the concert of world premiere in 2003.

Empathy and cultural understanding of groups that are marginalized due to religious, ethnic or sexual background is essential for peace in schools, neighborhoods, and society at large. Literacy classrooms can be a safe environment in which students can develop their own understandings and empathies. Although worthwhile, much of the research lacks details of student reactions to the people and cultures read about in historical narratives, as well as a focus on pedagogical practices that could give students a deep understanding of the culture. This study analyzed the empathetic responses of 13 sixth grade students to themes presented in a Mexican American narrative text, The Circuit. The purpose of this study was to understand the nature of student empathy and how empathetic responses reflect a rich historical and visual context. Key data sources of this interpretive study included large group discussions, small group discussions, written journal responses, and interviews. The results of this study indicated that students' empathetic responses are varied and complex and seem to reflect familiarity with topics in the text and personal background. Minimizing the cognitive demand of cultural content seemed to be a key pedagogical factor in helping students reach deeper levels of empathy. Suggestions are given for educators looking to teach empathy through cultural texts. Possible areas of research are recommended.

The main purpose of this study is to explore the role spirituality plays in the coping of traffic officers within the South African Traffic Services. A sample of ten traffic officers participated in the study, and data was obtained by means of open-ended questions during in-depth and semi-structured interviews. The literature review aimed to conceptualise spirituality, to conceptualise coping, and to theoretically explore the role of spirituality in the coping of traffic officers. Specific aims for the empirical study were: to gain a better understanding of how traffic officers experience the role of spirituality in coping with their role within the South African context; to provide a framework that can assist with creating an understanding of the role spirituality plays in coping as a traffic officer; and to formulate recommendations for possible future research that explores the role of spirituality in the coping of traffic officers within the discipline of Industrial and Organisational Psychology, more specifically in employee and organisational wellness, and career counselling. The research findings showed that traffic officers in the sample all utilised spirituality in the workplace to various extents, and that they exhibited adaptive coping abilities when doing so. They associated less spirituality or a lack of spirituality with weaker coping abilities. It was found that spirituality in the traffic officers is informed by a foundation of spirituality or religion, purpose to their work and life, their connection to their spiritual source, and the fruits of spirituality. Their coping ability was influenced by upbringing and background, by stressors from their work environment and by coping mechanisms. The role of spirituality in the coping of traffic officers culminated in their ability to interpret the meaning of spirituality, and then to implement spirituality in order to cope. / Industrial and Organisational Psychology / M. Com. (Industrial and Organisational Psychology)

Initial teacher education is constantly in the spotlight regarding its quality and its effectiveness. The literature contains many claims from those who believe that it is ineffectual. The notion of the reflective practitioner was introduced and embraced as an antidote to these claims, and as an approach to break the influence of technocratic beliefs and expectations which pre-service teachers bring with them to their initial teacher education. Typically reflection targets the practicum experience. However, this study focuses specifically on the contribution of course work to the development of a reflective beginning teacher. This qualitative study invited pre-service teachers to provide insight into their initial teacher education experience: initially within a Teaching of Science methods paper, and then some 18 months later at the conclusion of their three year Bachelor of Education (Teaching) professional preparation. A critical reflexive interpretive methodology which sought authenticity within its meaning-making process developed from an initial consideration of self-study research methodology. Of particular importance was that the enquiry was authentic, participants' voices were valued and recognition was given to the implications embedded within the context within which the study occurred. Methods of data collection included in phase one were: a pre-course questionnaire, a Gestalt-like activity, and pre-service teachers' email reflections based on Hoban's (2000a) categories of learning influences, and meta-reflections from the Teaching of Science paper. The journal I kept during this phase was also drawn upon as data. Phase two data collection included a vignette, and a three part final questionnaire to which 40 pre-service teachers and nine teacher educators responded. The findings suggest that pre-service teachers' understanding of the nature of education is critical to the way in which they experience the course work within initial teacher education. This understanding shapes their perception and consideration lens through which course work is experienced. On entrance to initial teacher education this lens is described, for many pre-service teachers, as technocratic. Education is seen as a commodity, something to acquire, teaching is telling and initial teacher education is dependent on the teacher educator providing the necessary tools and techniques so the beginning teacher can do the right thing. This study suggests that such a stance toward educational experiences is a hindrance mechanism when teacher educators seek transformative teaching, learning, and reflexivity. However, when that view of education is as a process of growth and transformation toward a valued 'way of being', the perspective and consideration lens is described as professional. Rather than focusing on what a teacher does, the focus is on whom the teacher is and how this influences the teaching and learning process. Teacher educators and the institution which is the context within which course work occurs also demonstrate a mixture of technocratic and professional lenses. Important factors within initial teacher education which contribute to transformation from technocratic to professional lens include relational and pedagogical connectedness. These factors lead to valuing, ownership and justification of learning where assessment tasks are tools for personal development and where critical consideration of multiple perspectives has an important role. Relational connectedness (to self, peers, and teacher educators) is important for developing a safe, but challenging, dialogical space in which paradoxes, challenges and pre-service teachers' vulnerable sense of disorientation may be engaged. Pedagogical connectedness relates to the fit between what the teacher educator says and does. For example, a powerful approach to learning is where the pre-service teachers learn to be reflexive, by being reflexive. The study indicates the importance of institutional congruency so that what is espoused is experienced through language, assessment, teaching approaches and contextual culture. However, pre-service teachers' perception and consideration lens determines the degree to which course work is transformational. Where a technocratic lens is dominant, reflection becomes a task to be completed. Where a professional lens is dominant, reflection becomes an iterative process for improving practice by becoming professionally self aware through identifying assumptions in decisions and responses within the learning/teaching relationship, and judging those assumptions for their appropriateness in the light of a developing and critiqued personally owned educational vision.

Governments around the world have pursued ICT based initiatives including the provision of infrastructure to assist regional areas to develop economically (Beckinsale et al. 2006). There has been considerable interest in exploiting ICT to develop high technology clusters and support innovative networks (Lawson & Lorenz 1999). However, these initiatives have met with mixed success. It is clear that such development depends on more than providing appropriate technology Attention to social and organisational factors is crucial if regional areas are to realise the potential of ICT as a tool for regional development (Gengatharen & Standing 2005). It is important to understand the nature of business networking as well as the perspective of those participating in such networks if successful initiatives are to be established. The aim of this research is to identify how ICT can be used for knowledge sharing among businesses in regional areas and how the online networks through which knowledge is shared can contribute to the development of the region. This research investigates the question of what value small businesses in those regions derive from knowledge sharing networks using ICT. It also seeks to identify the value creation potential of those networks for their region. Previous research has shown that large organisations have achieved significant value from virtual communities of practice (VCoPs) as a structure for sharing knowledge and supporting innovation (Wenger 2004). The concept of Communities of Practice and Virtual Communities of Practice provided a useful point of departure for this research. The investigation comprised interpretive case studies of two Australian regional areas and their local business networks which incorporated SMEs in a variety of industries. Each case study was conducted in three stages. First, semi-structured interviews were conducted with regional economic development leaders. Second, 192 small and medium business owners were surveyed about their business activities and their participation in local business networks. Third, in-depth interviews were conducted with 23 small business owners to gain a richer understanding of their participation in knowledge-sharing networks and the value they realised or anticipated from various knowledge-sharing activities. A combined analysis of the two cases was conducted as well as the individual analyses. The research adopted a modified Structured Case method (Carroll & Swatman 2000). The analysis of the two case studies revealed: a.) There was a significant difference between the majority of SMEs who traded within the region and those trading largely beyond the region. The latter’s more proactive online sharing knowledge and seeking of business opportunities would enable them to access most value from VCoEs. b.) The participating SMEs operated in a number of industries and what they had in common was an interest in improving their enterprises. Consequently they used their regional networks which were not aligned to any one industry to make connections and share knowledge. They did not necessarily seek to access specific information. c.) A necessary prerequisite of VCoEs is having vibrant CoEs where face-to-face interaction enhances the development of trust and social capital. This appeared as an important factor facilitating the move to incorporate online knowledge sharing. d.) Younger businesses appeared to gain the most value from knowledge sharing in CoEs as they were using their networks to determine how to grow their firm. e.) The value of VCoEs to the SME participants is primarily in their general connection to other businesses in the region. Since the participants operate in a number of industries, what they have in common is an interest in their enterprises. The main value appears to come from the potential of the VCoEs to add to this connection and to social capital. This study found that successful management of VCoEs must: i) Ensure the network website is actively used by members before attempting to incorporate online knowledge sharing. ii) Monitor and stimulate online forum interaction rather than rely on interaction to occur naturally. iii) Not rely on email as a mechanism for stimulating knowledge sharing. Email is seen as more appropriate for formal documentation than for candid exchange of views. The concept of virtual communities of practice was found to be somewhat inappropriate for the diverse SMEs in the regional networks. Because of their diversity, they do not necessarily see value in sharing knowledge about practice but they do see value in sharing more general information and in providing support, connection and ideas that facilitate the strategic direction of their business. To address this issue, the concept of virtual communities of enterprise (VCoEs) is proposed as recognition of what the participating SMEs had in common: an interest in their individual businesses as part of the region. The original contribution of this research consists of its identification of the issues in linking SMEs across industries. It provides new insights on the business practices of regional SMEs and developed the concepts of Community of Enterprise (CoE) and Virtual Community of Enterprise (VCoE) to capture the special nature of knowledge sharing in regional multi-industry business networks. New perspectives are revealed on the ways that value could be derived from knowledge sharing by these regionally networked SMEs, as such it adds to the body of knowledge in an area where there has been little systematic investigation. This research reinforces the importance of social capital as an essential pre-requisite for accessing the value of intellectual capital in regions. Social capital emerges as vital when establishing and maintaining face-to-face knowledge sharing in regional networks and a necessary pre-condition for successfully establishing online knowledge sharing. Trust is a key factor and this research extends understanding of the role of social capital and the importance of trust in regional networks and online interaction. Its findings have significant implications for the development and management of CoEs and VCoEs as it outlines the key elements that need to be addressed when establishing and maintaining them, the appropriate applications for this context and the issues involved in management of the networking and online contexts. These findings not only increase our understanding of the management dynamics of online networks, they can also provide guidance to those seeking to establish successful VCoEs.

This thesis empirically examines how lobby groups and activists respond to innovative forms of public participation. The study centres on processes that foster a particular kind of deliberative governance including citizens’ juries, consensus conferences and planning cells. These deliberative designs bring together a panel of randomly selected lay citizens to deliberate on a specific policy issue for a few days, with the aim of providing decision makers with a set of recommendations. While policy makers worldwide are attracted to these novel participatory processes, little consideration has been given to how well they work alongside more adversarial and interest-based politics. This doctoral research project examines this interface by studying what these processes mean to different kinds of policy actors such as corporations, advocacy groups, government agencies, experts and professionals. These entities are collectively referred to in this thesis as ‘interest organisations’ because in some way they are seeking a specific policy outcome from the state – even government-based groups.¶ The empirical research in this thesis is based on comparative case studies of four deliberative design projects in Australia and Germany. The Australian cases include a citizens’ jury on waste management legislation and a consensus conference on gene technology in the food chain. The German case studies include a planning cells project on consumer protection in Bavaria, and a national consensus conference on genetic diagnostics. Together the cases capture a diversity of complex and contested policy issues facing post-industrialised societies. In each case study, I examine how relevant interest organisations responded to the deliberative forum, and then interpret these responses in view of the context and features of the case.¶ The picture emerging from the in-depth case studies is that interest organisations respond to deliberative designs in a variety of ways. Some choose to participate actively, others passively decline, and a few resort to strategic tactics to undermine citizens’ deliberations. The empirical research reveals that though responses are variable, most interest organisations are challenged by several features of the deliberative design model including: 1) that deliberators are citizens with no knowledge or association with the issue; 2) that experts and interest representatives are required to present their arguments before a citizens’ panel; and 3) that policy discussions occur under deliberative conditions which can expose the illegitimate use of power.¶ Despite these challenges, the paradox is that many interest organisations do decide to engage in lay citizen deliberations. The empirical research indicates that groups and experts value deliberative designs if they present an opportunity for public relations, customer feedback, or advocacy. Moreover, the research finds that when policy actors intensively engage with ‘ordinary’ citizens, their technocratic and elite ideas about public participation can shift in a more inclusive and deliberative direction.¶ The thesis finds that, on the whole, weaker interest organisations are more willing to engage with lay citizens than stronger organisations because they welcome the chance to influence public debate and decision makers. It appears that powerful groups will only engage in a deliberative forum under certain policy conditions, for example, when the dominant policy paradigm is unstable and contested, when public discussion on the issue is emerging, when policy networks are interdependent and heterogeneous, and when the broader social and political system supports public accountability, consensus and deliberation. Given that these kinds of policy conditions do not always exist, I conclude that tensions between interest organisations and deliberative governance will be common. In order to create more cooperative and productive interfaces, I recommend that interest organisations be better supported and integrated into citizens’ deliberations, and that steps be taken to safeguard forums from strategic attempts to undermine their legitimacy.¶ The thesis also sends out three key messages to democratic theorists. First, the empirical research shows that different kinds of groups and actors in civil society vary in their willingness and capacity to participate to public deliberation. Second, the deliberative design model demonstrates that partisan actors, such as interest organisations, will engage in public deliberation when they can participate as strategic deliberators. In this role partisans are not expected to relinquish their agendas, but present them as testimonies before a group of deliberators. Third, the empirical research in this thesis should bring home to theorists that deliberative forums are closely linked to the discursive context within which they operate.

<p>There have been calls both from the government and private sector for Higher Education institutions to introduce programmes that produce employable graduates whilst at the same time contributing to the growing economy of the country by addressing the skills shortage. Transformation and intervention committees have since been introduced to follow the extent to which the challenges are being addressed (DOE, 1996 / 1997 / Luescher and Symes, 2003 / Forbes, 2007). Amongst the list of issues that needed urgent address were the skills shortage and underperformance of students particularly university entering students (Daniels, 2007 / De Klerk, 2006 / Cooper, 2001). Research particularly in the South African context, has revealed that contributing to the underperformance of university entering students and shortage of skills are: the legacy of apartheid (forcing certain racial groups to focus on selected areas such as teaching and nursing), the schooling system (resulting in university entering students to struggle), the home language and academic language. Barrell (1998), places stress on language as a contributing factor towards the performance of students. Although not much research has been done on skills shortage, most of the areas with skills shortage require Mathematics, either on a minimum or comprehensive scale. Students who have a strong Mathematics background have proved to perform better compared to students who have a limited or no Mathematics background at all in Grade 12 (Hahn, 1988 / Conners, McCown &amp / Roskos-Ewoldsen, 1998 / Nolan, 2002).The department of Statistics offers an Introductory Statistics (IS) course at first year level. Resources available to enhance student learning include: a problem-solving component with web-based tutorials and students attending lectures three hours per week. The course material and all the necessary information regarding the course including teach yourself problems, useful web-sites and links students can make use of, are all stored under the Knowledge- Environment for Web-based learning (KEWL). Despite all the available information, the students were not performing well and they were not interested in the course. The department regards statistical numeracy as a life skill. The desire of the department is to break down the fear of Statistics and to bring about a perspective change in students&rsquo / mindsets. The study was part of a contribution to ensuring that the department has the best first year students in Statistics in the Western Cape achieving a success rate comparable to the national norm.</p>

En esta investigación se aborda el tratamiento de la fraseología periférica y, más específicamente, de la clase de las Unidades Fraseológicas Pragmáticas (UFP), en la enseñanza y aprendizaje del español y del italiano como lenguas extranjeras. Ante el papel que esta unidades juegan en el desarrollo de las competencias fraseológica y comunicativa global, así como las lagunas que, a pesar del creciente interés que despiertan los estudios fraseológicos, siguen afectando a esta parcela, nuestro objetivo es definir las especificidades que su didáctica implica y proponer un acercamiento práctico a la misma. Valiéndonos del marco metodológico de la Investigación en la Acción Educativa combinado con un análisis cualitativo-interpretativo, hemos diseñado y testado en el aula un modelo didáctico operativo, llamado Modelo Fraseológico-Pragmático (Mo.Fra.P.), a través del cual planteamos unos recursos y procedimientos, tanto lingüístico-fraseológicos como pedagógicos, susceptibles de ser aplicados al proceso de enseñanza y aprendizaje de las UFP. / This dissertation analyzes the treatment of the peripheral area of the phraseological repertoire, especially Phraseological-Pragmatic Units (UFP), in the teaching environment of Spanish and Italian as foreign languages. This work describes the specificities of UFP pedagogy and, especially, provides a practical approach to it, considering the role played by these units in students’ development of phraseological competence and, consequently, in their global communicative competence, as well as the gaps that, despite increasing interest in phraseological studies, continue to affect this area. Making use of the Action Research framework combined with a qualitative/interpretive analysis, the author designed and tested an operative model, called Phraseological-Pragmatic Model (Mo.Fra.P.), with students in class, by means of suggesting linguistic-phraseological and didactic resources and methods, that can be applied to the teaching and learning of UFP. / Nel presente studio si analizza il trattamento riservato alla fraseologia periferica, in particolare alle Unità Fraseologico-Pragmatiche (UFP), nell’ambito dell’insegnamento e apprendimento dello spagnolo e dell’italiano como lingue straniere. Tenendo conto del ruolo che queste unità svolgono ai fini dello sviluppo della competenza fraseologica y comunicativa globale e, allo stesso tempo, delle lacune che, nonostante il crescente interesse suscitato dagli studi fraseologici, permangono in questa area, l’obiettivo è definire le specificità che la didattica delle UFP implica e proporre un approccio pratico alla medesima. Servendoci della metodologia della ricerca nell’azione educativa combinata con un’indagine qualitativo-interpretativa, abbiamo disegnato e testato in aula un modello didattico operativo, che prende il nome di Modello Fraseologico-Pragmatico (Mo.Fra.P.), mediante il quale proponiamo una serie di risorse e procedimenti, linguistico-fraseologici e pedagogici, da applicarsi nell’ambito del processo di insegnamento e apprendimento delle UFP.