Thesis (doctoral)--Christian-Albrecht-Universität zu Kiel.

Thesis (doctoral)--Georg-August-Universität zu Göttingen.

Thesis (doctoral)--Universität Breslau.

Thesis--Bonn. / Vita. Includes bibliographical references (p. 117-121).

Thesis (MA)--Georgia State University, 2005. / Dr. William Downs, committee chair ; Dr. Robert Howard, Dr. Michael Herb, committee members. Includes bibliographical references (p. 46-49).

Thesis (M.Soc.Sc.)--University of Hong Kong, 2002. / Includes bibliographical references (leaves 69-72) Also available in print.

Thesis (M.A.)--Georgia State University, 2006. / Title from title screen. Date from dissertation t.p. Robert Howard, committee chair; Scott Graves, Kim Reimann, committee members. Electronic text (39 p. : col. ill.) : digital, PDF file. "Appendix A: Indian Supreme Court cases used in analysis" : p. 37-39. Description based on contents viewed May 22, 2007. Includes bibliographical references (p. 35-37).

Thesis (M. Div.)--Grace Theological Seminary, 1985. / Abstract. Includes bibliographical references (leaves [44-49]).

This thesis analyses legal institutions which appear to be developing in a similar way and reveals the significance of historical, legal and cultural backgrounds. ADR processes are perceived and developed as international and necessarily standardized, or simply as culturally neutral institutions. However, this analysis shows that alternative conflict resolution methods remain culturally embedded. This analysis is based on the role of the judge in ADR in France and B.C. The comparative method seemed appropriate to conduct the analysis as it facilitates a focus on cultural influences which reveals differences in the definition of the judge's role in ADR in both jurisdictions. The first chapter examines comparative law - its nature and objectives, as well as the potential pitfalls. Courts have been chosen as the institutions on which to base our research of the cultural element in ADR because they appear to be culturally embedded. The second chapter attempts to trace historical evolution and political factors which shaped the judicial institution in both jurisdictions. The role of the judge in proceedings is analyzed with particular emphasis on the process of judging. The professional education of judges in both jurisdictions is also examined. To frame the analysis two of the roles of judges which have often been used in the literature are used, namely the role of dispute settlement and the role of policy maker. A third chapter outlines the similar development of ADR in France and B.C. and explores the reasons behind this. Finally, a comparison of the intervention by the judge in enforcing settlement agreements, enforcing arbitration agreements and conducting court mediation is made. The analysis relies on the definition of judges' role as defined by the legislator, and the interpretation of that definition by the courts. It is concluded that, while no absolute pattern of the influence of cultural and historical background on the shaping of the role of the judge in ADR can be identified, this influence exists nonetheless. The similarities between, and the perceived unification of ADR institutions are therefore superficial, as ADR is molded through institutions such as judges, influenced at the same time by the cultural identity of the jurisdictions in which they operate. / Law, Peter A. Allard School of / Graduate

The motif of judgment pervades the Hebrew bible and it is generally accepted that one of the functions of deity is judgment. Within the Book of Judges, this motif logically surfaces through the various pericopes describing premonarchic Israel. The prologue to the book includes paradigmatic formulae for the pattern of this judgment and the institution of a deliverer. Commonly, it has been accepted that a cyclical pattern exists in the book in which the Israelites begin in a proper relationship with YHWH. This disintegrates into their apostasy resulting in YHWH empowering an oppressive force to subdue them as an element of His judgment. At some point in the subjection, Israel cries out to YHWH and He raises up a deliverer. The deliverer acts as the divine representative to remove the oppressor and he restores peace and stability as long as he lives. The pattern returns again after the death of the deliverer. The study begins with an examination of the Israelite deity and the object and subject of His judgment. The next chapter explores the themes of judgment from a diachronic perspective to determine how the critical methodologies of canonical, textual, source, form, redaction, social-scientific, and historiographical criticism either support or refute the idea that YHWH operates based on the anthropocentric paradigm of judgment from the Judges prologue. The following chapter continues that examination from a synchronic perspective employing a close reading of the text through rhetorical and narrative criticism. The fifth chapter examines the idea of the anthropocentric cycle of judgment and its constituent elements. The study concludes that while the elements of this cycle are present throughout the book; nevertheless, they are not present consistently throughout the entirety of each circumstance of judgment. As the hypothesis of this paradigm is rejected, the study examines whether the cyclical elements should be considered from a theocentric perspective. This hypothesis is also rejected. The study considers whether there is a complementary approach that embodies the two other paradigmatic structures. Ultimately, that hypothesis is rejected also. The study concludes that both diachronic and synchronic methodologies are helpful in making this evaluation; however, only those that focus on a close reading of the text are the most beneficial for validating the hypothesis. Since the hypothesis that YHWH is bound by the anthropocentric cycle must be rejected another conclusion is required. Through the Judges narrative, it becomes apparent that although peculiar and distinct methods of divine judgment on behalf of and against Israel have a general form; YHWH is by no means bound to function according to a prescribed ritual. Even though judgment is often initiated because of Israelite apostasy, it is not Israelite repentance that brings judgment through deliverance; but, rather it is the mercy, compassion, and love of YHWH that controls and initiates His peculiar judgment. The judgment on YHWH's people is indeed peculiar because it occurs within the context of divine justice. / Thesis (D. Phil.)-University of KwaZulu-Natal, 2004.