Les arguments du mouvement Critical Legal Studies sur l’indétermination du droit ne sont doublés d’aucune théorie sur la légitimité des interprétations qu’offrent les juges et donc d’aucun critère juridique pour critiquer une décision. La théorie pluraliste critique du droit, qui prend acte de la pluralité du droit officiel pour redéfinir le phénomène juridique plutôt que de nier qu’il puisse exister, pourrait toutefois fournir un tel critère. En effet, elle présente plusieurs correspondances avec les travaux de Dworkin, qui défend que les citoyens sont en droit d’obtenir les fruits d’une attitude interprétative en germe dans le concept même de droit. Ces deux théories maintiennent que le droit sert à reconnaître la valeur de l’histoire d’un groupe dans sa conception de lui-même tout en soutenant qu’il doit trouver une pertinence contemporaine pour être effectif et légitime. Les pluralistes priorisent toutefois la résonance actuelle des règles de droit et croient que toute communauté est divisée entre diverses définitions du bien. Selon eux, le droit est avant tout un procédé pour penser la conduite humaine et lui conférer un sens, qui dépend des capacités créatrices des citoyens. Chaque règle est alors la cause d’une pluralité d’ordres juridiques concurrents. Suivant ce portrait, seule l’acceptation d’une interprétation par un groupe, sa capacité à lui reconnaître un sens, pourrait rendre cette interprétation légitime. Ce critère nous mène vers un modèle de justice négociée où deux personnes s’adressent à un juge pour développer une lecture en commun du droit, pour identifier une interprétation légitime dans leurs univers juridiques respectifs. / No theory of the legitimacy of judges accompanies the Critical Legal Studies’ arguments on the indeterminacy of law, which entails there are no criteria to identify a legitimate interpretation. Critical legal pluralism, which redefines law to take account of its inherent plurality rather than denying its very possibility on these grounds, could however provide such criteria. Indeed, it presents many resemblances with Dworkin’s theory of law which argues that citizens are entitled to reap the benefits of the interpretative nature of law. Both theories defend that law allows to bridge a group’s past, which is essential to its self-understanding, with the present, and both insist that law must be made to appear relevant in the present. Pluralists however prioritize the current significance of law and stress that communities are split by a variety of definitions of the good. According to them, law is mainly a process to think about human conduct and grant it meaning, and it depends as such on citizens’ creative capacities. Accordingly, only an interpretation that is accepted by a group and seen as meaningful can be considered legitimate. This criterion forces us to consider a form of negotiated justice, where two persons consult a judge to develop a common reading of a rule which would be legitimate in each person’s legal universe.

Previous research indicates that gay men‟s relationships with their mothers are generally more warm, supportive, and emotional than their relationships with their fathers, and that fathers are less likely to be told, less likely to be told first, and more likely to react negatively to disclosure than mothers would. Most of these findings are derived from asking sons to report on their parental relationships. As such, very little is known about the nature of the father-son relationship before, during, and after disclosure, from the father‟s perspective. The aim of this thesis, therefore, is to uncover and explore first-hand accounts of the experiences and taken-for-granted meanings that potentially shape heterosexual fathers‟ relationships with their gay sons. A sample comprising six Afrikaans-speaking, white fathers, between the ages of 53 and 61 years, from a middle to upper-middle income bracket, and residing in Gauteng, South Africa, were selected purposively through the use of opportunistic or convenience sampling. Utilising an interpretivist approach located within the qualitative research paradigm, an individual in-depth interview strategy was adopted as a means of gathering data. A brief questionnaire probing demographic characteristics was also utilised to further contextualise the data obtained in the interviews. All the interviews were audio-recorded and transcribed for later coding and analysis. Through the use of thematic network analysis, eight organising themes were uncovered, including (a) subliminal awareness prior to coming out; (b) epistemic rupture of internal system of beliefs; (c) personal paradigmatic shifts; (d) acceptance as a complex and ongoing dialectical and reconciliatory process; (e) ambiguous loss; (f) persistent history of thought; (f) wrestling with the reason why; and (g) coming out as a dual experience. Each organising theme contained several basic themes. On the whole, the themes support the view that most parents are neither totally rejecting nor fully accepting of their gay sons. The fathers are seen to navigate their way through a plethora of experiences and meanings that are not only likely to inform the development of their multidimensional identities as men and fathers, but also shape their unique relationships with their gay sons. While the fathers may have attained a level of “loving denial” in their relationships with their gay sons, most continue to struggle with the meaning and expression of same-sex sexuality, and appear to wrestle with the challenge of integrating their understanding of same-sex sexuality with their constructions of traditional Afrikaner masculinity, as well as their meanings associated with having a gay son. However, unlike prior reports of a poor father-son dyad, the fathers reported a general improvement in their relationship with their gay son after he came out. This discrepancy may be attributed to the possibility that the particular group of fathers who volunteered to discuss their father-son relationships willingly were further along in the acceptance process. Recommendations for future research, includes an exploration of the dynamic interaction between heterosexual and gay constructions of masculinity within the father-son dyad before, during and after disclosure, examining the role that mothers play in influencing the quality of the father-son relationship before, during and after disclosure, uncovering the intra- and inter-personal variables that may facilitate the adaptive adjustment processes among fathers over the longer term, and exploring the contexts and processes associated with transitions within fatherhood across the life course of fathers of gay sons. / Heterosexual fathers' relationships with their gay sons / Psychology / D. Phil.

Balancing the work and family domains is an ongoing concern for men and women in dual-earner relationships. However, most of the research studies that have explored work-family balance, have been conducted within the North American context using highly educated middle-class couples. Furthermore, no known South African studies have explored work-family balance experiences and strategies based on the couple as a unit. The aim of this study is therefore to understand how middle-class South African dual-earner couples experience and pursue work-family balance. A sample comprising ten multi-racial, middle-class, heterosexual dual-earner couples with children, who work in different employment sectors, and reside in Cape Town, South Africa, were selected purposefully through the use of convenience and snow-ball sampling techniques. The interpretive approach located within the qualitative paradigm was employed to understand the subjective experiences of couples through the method of semi-structured conjoint interviews. All conjoint interviews were audio-recorded and transcribed for later analysis. Patterns and themes within the data were identified using thematic analysis and later organised through the use of thematic networks. Two organising themes were uncovered for the global theme "subjective experiences of work-family balance amongst dual-earner couples", namely that work-family balance is a unique experience, and that work-family balance is a dynamic process. Furthermore, the data analysis revealed ten organising themes for the global theme "strategies dual-earner couples use to pursue a work-family balance", namely that striving towards an egalitarian marital relationship helps to promote couples' experience of work-family balance; proactively structuring opportunities for time with family contributes to a balanced work and family life; accessing familial and paid support promotes feelings of being successful in balancing work and family roles; shared planning and organisation facilitates a better balance of work and family roles; living within means relieves couples of unnecessary financial stress; creating opportunities for "alone time" supports couples' work-family balance; work validation and satisfaction encourages greater experiences ofwork-family balance; having the ability to control one's schedule ensures greater freedom to transition between work and family domains; setting boundaries around work and family domains helps couples maintain their balance; and relying on faith to cope with work and family stressors leads to a more balanced life. Each organising theme contained several basic themes which were discussed in relation to previous literature and/or research studies. / Psychology / M.A. (Psychology)

Small businesses, particularly growing small businesses, are regarded by policy makers and academics alike as being important sources of wealth creation, employment generation and innovation. Yet, few small businesses grow. One potential way of explaining why so many businesses do not grow is through the notion of 'barriers'. Previous studies on barriers typically identify and predict what kinds of barriers affect business growth, rather than attempt to explain how or why this is the case, if indeed it is the case at all. This thesis aims to elaborate on our understanding of barriers to small business growth. Two qualitative inductive interview-based studies were conducted in St. Petersburg Russia; the first was conducted in 2003, the second in 2005. Using semi-structured interviews in the second study (the main study), 27 owner-managers of small businesses in Russia were asked if they had intentions to grow the business, how they grew their businesses or intended to do so, and what, if anything, interfered with this process. The purpose of the study was two-fold: first, its purpose was to examine barriers from the perspective of individual owner-managers, with an emphasis on the meaning of barriers and the context in which they are perceived, and second to explore and examine how or the ways in which perceived barriers may influence owner-managers’ growth intentions and behaviours. Data were analysed using template analysis mainly, drawing on interpretive phenomenological analysis and matrix analysis. Based on the accounts of owner-managers, barriers were found to work in different ways to shape intentions to grow or not to grow, and as well to shape intention realization. How this occurred depended partly on owner-managers’ perceptions of the institutional environment. Findings suggest that the relationship between barriers and small business growth is complex. It is, nevertheless, a relationship which purports to be a fruitful area of study, one in which future research might further our understanding of small business growth from a continuing examination of barriers, particularly in relation to intentions, in relation to how meaningful barriers are perceived to be, and in relation to the context in which they are perceived.

The challenges of backlogs experienced amongst Grade R-learners, results in learners not being school and learning ready when entering Grade 1. Obstacles for example are insufficient stimulation, under developed perception, and poor gross and fine motor skills, require early intervention and ought to receive attention in Grade R. From the socialecological perspective and taking into consideration the great amount of learners in South Africa originating from deprived environments, the study is focused in the domain of the Social Deprivation Theory. The bio-ecological context within which learners find themselves, influence the cognitive and perceptual development of every learner. Epistemologically the study focuses on the similarity between Critical Theory and Interpretivism. Critical Theory highlights the meaning of experience as manifested in relation to social circumstances and developmental background. Interpretivism in this study focuses on the meaning which individuals attach to their experiences in the spotlight and results in greater understanding and insight of the researched phenomenon. Circumstances of deprivation occur worldwide, even in developed countries like United States of America (USA) and England. Already for decades in USA young children gain in their development through intervention in early childhood (Ludwig & Phillips, 2007). Duncan and Brooks-Gunn (2000) identified a relation between child poverty/deprivation and poor school performance in the USA. Research in England (Thompson, 2000) shows that the impact of social neglect of children have serious consequences. The National Education Policy Act (Pandor, 2008; SA DvO, 1997:2) uses Early Childhood Development (ECD) as an umbrella term which refers to the development processes whereby children physically, intellectually, emotionally, spiritually, morally and socially grow and develop from birth to the age of nine years (SA, DoE, 1995, White paper 5,). The kind of education learners receive in Grade R is crucial to their further development in the education system (Van Zyl, Le Roux & Janse van Rensburg 2011, DvO, 1997:2). Learners lacking an adequate foundation may experience difficulties throughout their school career. In South Africa there is concern as to the standard of education and training, manifesting in a low pass rate on Grade 12-level. This study is undertaken to determine the current shortages in the South African educational system which may hinder the learning potential of Grade R-learners. An attempt is made to determine which handicaps/backlogs Grade R-learners experience, which fits the framework of the deprivation theory, which can undermine learner readiness. This study determine whether intervention by means of a perceptual-motor skills programme can enhance the school readiness of pre-school learners. Finally to determine which shortages/ backlogs exists in the perceptual-motor skills of Grade R nlearners from deprived backgrounds in South Africa. Guidelines for a perceptual-motor intervention program was developed through this study. A combination of quantitative and qualitative data-analysis is used in this study (Onwuegbuzie, Johnson en Collins, 2009). The dissertation is compiled in article format. In the first article of the study, the issues of teacher development and support mechanisms and equipment at primary schools and kindergartens are explored. Qualitative and phenomenological research was undertaken and information was gathered by means of questionnaires directed at teachers. In the following article the school readiness of 48 Grade R-learners from deprived backgrounds were tested. The research participants came from similar sosio-economic background, from quintile one and two schools. Seeing that those were the only primary schools with Grade R classes in that area, they were identified on behalf of their availability. In this study the data was analysed and descriptive statistics (means, averages, standard deviations, minimum and maximum values, percentages) and t-tests were used to determine variations in terms of perceptual motor skill development and learning readiness. An experimental group of 21 Grade R learners followed a 10 week long perceptual-motor skills intervention programme. In the follow-up school readiness test (article 3), results indicated that the intervention showed a positive response with regards to the school readiness of the Grade R learners. Drawing to a conclusion (article 4), the intervention programme is critically discussed and recommendations were made to all those concerned with Grade R teaching (teachers, principals, Departments of Education). The conclusion according to the results of the research shows that the intervention had a positive effect on the school and learning readiness of this group of Grade R learners. / Thesis (PhD (Curriculum Development Innovation and Evaluation))--North-West University, Potchefstroom Campus, 2012

Previous research indicates that gay men‟s relationships with their mothers are generally more warm, supportive, and emotional than their relationships with their fathers, and that fathers are less likely to be told, less likely to be told first, and more likely to react negatively to disclosure than mothers would. Most of these findings are derived from asking sons to report on their parental relationships. As such, very little is known about the nature of the father-son relationship before, during, and after disclosure, from the father‟s perspective. The aim of this thesis, therefore, is to uncover and explore first-hand accounts of the experiences and taken-for-granted meanings that potentially shape heterosexual fathers‟ relationships with their gay sons. A sample comprising six Afrikaans-speaking, white fathers, between the ages of 53 and 61 years, from a middle to upper-middle income bracket, and residing in Gauteng, South Africa, were selected purposively through the use of opportunistic or convenience sampling. Utilising an interpretivist approach located within the qualitative research paradigm, an individual in-depth interview strategy was adopted as a means of gathering data. A brief questionnaire probing demographic characteristics was also utilised to further contextualise the data obtained in the interviews. All the interviews were audio-recorded and transcribed for later coding and analysis. Through the use of thematic network analysis, eight organising themes were uncovered, including (a) subliminal awareness prior to coming out; (b) epistemic rupture of internal system of beliefs; (c) personal paradigmatic shifts; (d) acceptance as a complex and ongoing dialectical and reconciliatory process; (e) ambiguous loss; (f) persistent history of thought; (f) wrestling with the reason why; and (g) coming out as a dual experience. Each organising theme contained several basic themes. On the whole, the themes support the view that most parents are neither totally rejecting nor fully accepting of their gay sons. The fathers are seen to navigate their way through a plethora of experiences and meanings that are not only likely to inform the development of their multidimensional identities as men and fathers, but also shape their unique relationships with their gay sons. While the fathers may have attained a level of “loving denial” in their relationships with their gay sons, most continue to struggle with the meaning and expression of same-sex sexuality, and appear to wrestle with the challenge of integrating their understanding of same-sex sexuality with their constructions of traditional Afrikaner masculinity, as well as their meanings associated with having a gay son. However, unlike prior reports of a poor father-son dyad, the fathers reported a general improvement in their relationship with their gay son after he came out. This discrepancy may be attributed to the possibility that the particular group of fathers who volunteered to discuss their father-son relationships willingly were further along in the acceptance process. Recommendations for future research, includes an exploration of the dynamic interaction between heterosexual and gay constructions of masculinity within the father-son dyad before, during and after disclosure, examining the role that mothers play in influencing the quality of the father-son relationship before, during and after disclosure, uncovering the intra- and inter-personal variables that may facilitate the adaptive adjustment processes among fathers over the longer term, and exploring the contexts and processes associated with transitions within fatherhood across the life course of fathers of gay sons. / Heterosexual fathers' relationships with their gay sons / Psychology / D. Phil.

國際關係也是社會關係的一環，對國際關係的研究必須植基於國家涉入的歷史、社會、文化等層面進行探求，否則很難對國際關係有著全貌的了解。在美國學界的實證主義長期宰制下，研究國際社會的英國學派長期受到忽視，隱沒於線性發展的歷史中。 為了發掘英國學派受到忽視的地位，本論文擬從下三點著手。首先，回溯英國學派的歷史起源、代表學者、名稱問題；再者，耙梳、整理英國學派的學術內涵，包括現實主義、理性主義及革命主義三個傳統，以及國際體系、國際社會及世界社會三個本體；第三、在美國實證主義的長期獨霸下，注重詮釋方法研究國際社會的英國學派是無法得到關注的。因此，這部分將從社會科學兩大陣營－實證主義及詮釋學著手，並進而帶入受實證主義籠罩的主流國際關係研究。本論文認為以實證主義研究具社會性的國際關係有其侷限，而多元、開放、重社會性的英國學派才能提供更完整的國際關係圖像。 本論文認為抱持多元開放、重視整體性、社會性、規範性的英國學派更能面對接踵而來的環境議題、全球化相關問題及人道干涉等全球性議題，如果正視國際關係也是社會關係的一部分，英國學派是能成為較適當的國際關係理論。 / Social relations encompasses international relations so that the inquiry for international relations must embark on the historical, social, cultural context that states involved in. Otherwise we can’t envisage a comprehensive image of international relations. Under the dominance of positivism led by American international relations, English School, whose intellectual focus is International Society, has been neglected for a long period of time and immerged in the linear history. For the sake of exploring English School, the thesis sets out three schemes. First, it retrospects the history, leading figures and label of English School. Second, it elucidates the arguments of English School, including the three ontologies- International System, International Society and World Society as well as three traditions, namely Realism, Rationalism and Revolutionism. Third, beginning with the discuss of Positivism and Interpretivism, the author argues Positivism has its limitation in societal international relations. Consequently, it is English School, which tilts toward an open and diverse inclination, that can tell a better story. The author concludes that English School that stresses on holism, society and social norms can take on the upcoming global issues, such as environmental issue, globalization and humanitarian intervention. If we square up to the fact that international relations is a part of social relations, English School can be a more adequate international relations theory.

This dissertation explores the ways in which the everyday (in)securities of people in southwestern Ukraine can illuminate our understanding of contemporary political life. Rather than using traditional units of analysis or given categories—the state, the individual, identity—the dissertation focuses on relations between people in and connected to a single village to develop a novel framework for analyzing politics and the political. The dissertation opens with an interrogation of the practical and theoretical challenges associated with current conceptualizations of security; our understanding of the political; and the role of ethnography in theorization and presents a research design meant to address those challenges. Drawing upon extensive participant-observation and other immersion-based research in a post-Soviet borderland wedged between Ukraine and Slovakia, and using an analytical tool I call “togetherness,” the thesis presents an ethnographic account of social interactions, economy, and authority in this largely Hungarian-speaking rural area. The third part of the dissertation applies the idea of an ontological shift and draws on complex systems and structuration theory (Luhmann and Giddens, respectively) to rethink the ethnographic analysis and to highlight relationships between structural and existential realms of political life. Here, the concept of security becomes central to the theorization, and the overall argument illuminates the intimate relationship between the idea of security and the political. Ultimately, this approach allows us to expand the scope of political ethnography: theorizing beyond thick description; integrating broader perspectives without losing the texture of the local; and developing an approach to research that can be replicated in other settings.

The challenges of backlogs experienced amongst Grade R-learners, results in learners not being school and learning ready when entering Grade 1. Obstacles for example are insufficient stimulation, under developed perception, and poor gross and fine motor skills, require early intervention and ought to receive attention in Grade R. From the socialecological perspective and taking into consideration the great amount of learners in South Africa originating from deprived environments, the study is focused in the domain of the Social Deprivation Theory. The bio-ecological context within which learners find themselves, influence the cognitive and perceptual development of every learner. Epistemologically the study focuses on the similarity between Critical Theory and Interpretivism. Critical Theory highlights the meaning of experience as manifested in relation to social circumstances and developmental background. Interpretivism in this study focuses on the meaning which individuals attach to their experiences in the spotlight and results in greater understanding and insight of the researched phenomenon. Circumstances of deprivation occur worldwide, even in developed countries like United States of America (USA) and England. Already for decades in USA young children gain in their development through intervention in early childhood (Ludwig & Phillips, 2007). Duncan and Brooks-Gunn (2000) identified a relation between child poverty/deprivation and poor school performance in the USA. Research in England (Thompson, 2000) shows that the impact of social neglect of children have serious consequences. The National Education Policy Act (Pandor, 2008; SA DvO, 1997:2) uses Early Childhood Development (ECD) as an umbrella term which refers to the development processes whereby children physically, intellectually, emotionally, spiritually, morally and socially grow and develop from birth to the age of nine years (SA, DoE, 1995, White paper 5,). The kind of education learners receive in Grade R is crucial to their further development in the education system (Van Zyl, Le Roux & Janse van Rensburg 2011, DvO, 1997:2). Learners lacking an adequate foundation may experience difficulties throughout their school career. In South Africa there is concern as to the standard of education and training, manifesting in a low pass rate on Grade 12-level. This study is undertaken to determine the current shortages in the South African educational system which may hinder the learning potential of Grade R-learners. An attempt is made to determine which handicaps/backlogs Grade R-learners experience, which fits the framework of the deprivation theory, which can undermine learner readiness. This study determine whether intervention by means of a perceptual-motor skills programme can enhance the school readiness of pre-school learners. Finally to determine which shortages/ backlogs exists in the perceptual-motor skills of Grade R nlearners from deprived backgrounds in South Africa. Guidelines for a perceptual-motor intervention program was developed through this study. A combination of quantitative and qualitative data-analysis is used in this study (Onwuegbuzie, Johnson en Collins, 2009). The dissertation is compiled in article format. In the first article of the study, the issues of teacher development and support mechanisms and equipment at primary schools and kindergartens are explored. Qualitative and phenomenological research was undertaken and information was gathered by means of questionnaires directed at teachers. In the following article the school readiness of 48 Grade R-learners from deprived backgrounds were tested. The research participants came from similar sosio-economic background, from quintile one and two schools. Seeing that those were the only primary schools with Grade R classes in that area, they were identified on behalf of their availability. In this study the data was analysed and descriptive statistics (means, averages, standard deviations, minimum and maximum values, percentages) and t-tests were used to determine variations in terms of perceptual motor skill development and learning readiness. An experimental group of 21 Grade R learners followed a 10 week long perceptual-motor skills intervention programme. In the follow-up school readiness test (article 3), results indicated that the intervention showed a positive response with regards to the school readiness of the Grade R learners. Drawing to a conclusion (article 4), the intervention programme is critically discussed and recommendations were made to all those concerned with Grade R teaching (teachers, principals, Departments of Education). The conclusion according to the results of the research shows that the intervention had a positive effect on the school and learning readiness of this group of Grade R learners. / Thesis (PhD (Curriculum Development Innovation and Evaluation))--North-West University, Potchefstroom Campus, 2012

This work explores the insights that can be gained from an investigation of the shared terms of the Manitoulin Island treaties of 1836 (Treaty 45) and 1862. I focus specifically on these treaties because I was raised in proximity to this area. This thesis is very much a personal exploration in the sense that I have come to understand myself as implicated in a treaty relationship and wish to know my obligations under these agreements. In my interpretation of the Manitoulin Island treaties, I employ a strategy developed by Dr. Michael Asch that begins with the Indigenous understandings. Within this strategy, treaties are conceptualized as honourable agreements meant to ensure our legitimate presence on this land. This methodology is unique in the sense that it conceives of our representatives' actions as sincere. This step is necessary because Indigenous peoples believed we were acting honourably during negotiations. In applying this strategy in my reading of the Manitoulin Island treaties, my objective is to discern the treaty relationship that was established, and to state clearly the obligations of both parties under these agreements. Though the primary focus of this thesis is my analysis of the treaties, I briefly discuss in my conclusion the anthropological insights I have gained from this exercise with respect to communication across cultures. Throughout this work, I focus on the concept of sharing as a productive and positive framework for thinking about relationships between cultures.