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The Global ETD Search service is a free service for researchers
to find electronic theses and dissertations. This service is
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Networked Digital Library of Theses and Dissertations.
Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
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Showing 711 to 719 of 719 (0.012 seconds)| 711 |
F. A. Hayek's Critique of LegislationHolm, Cyril January 2014 (has links)
The dissertation concerns F. A. Hayek’s (1899–1992) critique of legislation. The purpose of the investigation is to clarify and assess that critique. I argue that there is in Hayek’s work a critique of legislation that is distinct from his well-known critique of social planning. Further that the main claim of this critique is what I refer to as Hayek’s legislation tenet, namely that legislation that aims to achieve specific aggregate results in complex orders of society will decrease the welfare level. The legislation tenet gains support; (i) from the welfare claim – according to which there is a positive correlation between the utilization of knowledge and the welfare level in society; (ii) from the dispersal of knowledge thesis – according to which the total knowledge of society is dispersed and not available to any one agency; and (iii) from the cultural evolution thesis – according to which evolutionary rules are more favorable to the utilization of knowledge in social cooperation than are legislative rules. More specifically, I argue that these form two lines of argument in support of the legislation tenet. One line of argument is based on the conjunction of the welfare claim and the dispersal of knowledge thesis. I argue that this line of argument is true. The other line of argument is based on the conjunction of the welfare claim and the cultural evolution thesis. I argue that this line of argument is false, mainly because the empirical work of political scientist Elinor Ostrom refutes it. Because the two lines of argument support the legislation tenet independently of each other, I argue that Hayek’s critique of legislation is true. In this dissertation, I further develop a legislative policy tool as based on the welfare claim and Hayek’s conception of coercion. I also consider Hayek’s idea that rules and law are instrumental in forging rational individual action and rational social orders, and turn to review this idea in light of the work of experimental economist Vernon Smith and economic historian Avner Greif. I find that Smith and Greif support this idea of Hayek’s, and I conjecture that it contributes to our understanding of Adam Smith’s notion of the invisible hand: It is rules – not an invisible hand – that prompt subjects to align individual and aggregate rationality in social interaction. Finally, I argue that Hayek’s critique is essentially utilitarian, as it is concerned with the negative welfare consequences of certain forms of legislation. And although it may appear that the dispersal of knowledge thesis will undermine the possibility of carrying out the utilitarian calculus, due to the lack of knowledge of the consequences of one’s actions – and therefore undermine the legislation tenet itself – I argue that the distinction between utilitarianism conceived as a method of deliberation and utilitarianism conceived as a criterion of correctness may be used to save Hayek’s critique from this objection.
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La condition juridique des personnes privées de liberté du fait d'une décision administrative / The legal status of persons deprived of liberty by an administrative decisionBoutouila, Nawal 09 July 2014 (has links)
En empruntant une démarche prospective, l’objectif de cette contribution est de mettre en lumière l’existence d’une évolution de la condition juridique des personnes privées de liberté du fait d’une décision administrative. Si pendant longtemps l’obligation de préserver l’ordre public a été présentée comme conférant de nombreuses prérogatives à l’administration, elle doit désormais être décrite comme une mission de service public devant s’accomplir conformément à un modèle de comportement, sans toutefois que l’on puisse aujourd’hui évoquer l’existence de véritables sujétions à la charge de l’administration. Si cette évolution a été rendue possible, c’est en grande partie grâce à de «nouveaux contre-pouvoirs» qui ont contribué au renforcement de leur protection en participant plus ou moins directement à l’identification des obligations que toute administration qui prend en charge une personne privée de liberté devrait respecter et en concourant à leur défense. / By taking a prospective approach, the main of this work is to highlight the existence of an evolution of the legal status of persons deprived of their liberty for an administrative decision. Though the obligation to preserve public order has long been introduced as granting the administration many prerogatives, it must from now on to be equally described as a public-service mission that should be accomplished in accordance with a particular behavior model, without however, always mentioning the presence of actual constraints at the expense of the administration because of the numerous shortcomings currently affecting the protection system. Presumably, if this improvement has been made possible, it is in mainly due to “this new opposing-force concept” that has contributed to strengthening theirs protection especially by participating in the identification of the obligations that should be respected by all administrations which have to take care of a person deprived of liberty.
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Československá redakce Radio Free Europe: historie a vliv na československé dějiny / The Czechoslovak desk of the Radio Free Europe: Its development and impact on the Czechoslovak historyTomek, Prokop January 2012 (has links)
The disertation is focused on development and importance of the Czechoslovak desk of the Radio Free Europe in period between 1950 and 1994. This broadcasting have gained in time of strong censorship significant and till now unresearched importance. In February 1948 the Communist party took power in the Czechoslovakia. After that Czech and Slovak democratic politicians had left country to the West. They wanted to break the isolation of people living behind the Iron Curtain and promote restoration of democracy in their homeland. In 1949 was in the USA established the National Committee for Free Europe as fomally independent citizens association. As its most known activity had became the Radio Free Europe (RFE). This radio station had became an important tool for political strugle between two blocks in time of the Cold War. The basic qestion is what real position RFE broadcasting have reached in this struggle. The estabilishing of foreign broadcasting to the Czechoslovakia was very difficult task. RFE started its activity as exiles platform for purpose of liberation the Czechoslovakia from rule of the Communistic Party regime. The programming position of the RFE was in reality influented by american politicians and was depending on changing global political conditions as well. The unique position of...
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Counter Revolutionary Programs: Social Catholicism and the CristerosNewcomer, Daniel 20 April 2011 (has links)
No description available.
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Équité et bonne foi : perspectives historiques et contemporaines sur les distinctions fondamentales entre ces deux outils de justice contractuelleGiroux-Gamache, Claudia 06 1900 (has links)
La théorie classique du contrat et ses corollaires, l’autonomie de la volonté des parties et le principe de la stabilité des contrats, ont longtemps régné en droit des obligations. Depuis l’introduction du Code civil du Québec, la notion de bonne foi a été l’objet de plusieurs textes de doctrine et de plusieurs décisions judiciaires phares. La notion est considérée comme l’outil de prédilection des juristes pour assurer une meilleure justice contractuelle, parfois pour développer des théories allant à l’encontre du principe de la stabilité des contrats. Or, le récent arrêt Churchill Falls nous enseigne que la bonne foi a ses propres contours et ne peut donc pas être utilisée en dehors des limites qui lui sont intrinsèques. Dans ce travail, la notion de bonne foi est revisitée conjointement avec la notion d’équité afin de présenter leurs paramètres fondamentaux initiaux, leurs mutations et leurs portées actuelles en droit civil québécois. Bien que ces deux outils contribuent à assurer une meilleure justice commutative dans les échanges, la bonne foi a ce l’équité n’a pas : une synchronicité avec les principes de stabilité des contrats et d’autonomie de la volonté. Cette constatation peut expliquer la mise au placard de
l’équité à titre d’outil de justice dans le régime général des obligations. Ainsi, en filigrane, il appert que la stabilité des contrats demeure une valeur prédominante du législateur malgré les allures d’une nouvelle moralité du droit des obligations. / The classical theory of contract and its corollaries, the autonomy of the parties' will and the principle of the stability of contracts, have ruled the law of obligations for long. Since the introduction of the Civil Code of Québec, the notion of good faith has been the subject of several doctrinal texts and landmark judicial decisions. The notion is considered as the preferred tool of jurists to ensure a better contractual justice, sometimes to develop theories that run counter to the principle of the stability of contracts. However, the Supreme Court in its judgment Churchill Falls decision teaches us that good faith has its own contours and therefore cannot be used outside its intrinsic limits. In this paper, the notion of good faith is revisited in conjunction with the notion of equity to present their initial fundamental parameters, their mutations, and their current scope in Quebec civil law. Although both tools contribute to ensuring better commutative justice in exchanges, good faith has what equity does not: synchronicity with the principles of stability of contracts and autonomy of the will. This observation may explain the shelving of equity as a tool of justice in the general regime of obligations. Thus, it appears that the stability of contracts remains a predominant value of the legislator despite the appearance of a new morality in the law of obligations.
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Paul Verhoeven, media manipulation, and hyper-realityMalchiodi, Emmanuel William 01 May 2011 (has links)
Does the individual really matter in the post-modern world, brimming with countless signs and signifiers? My main objective in this writing is to demonstrate how this happens in Verhoeven's films, exploring his central themes and subtext and doing what science fiction does: hold a mirror up to the contemporary world and critique it, asking whether our species' current trajectory is beneficial or hazardous.; Dutch director Paul Verhoeven is a polarizing figure. Although many of his American made films have received considerable praise and financial success, he has been lambasted on countless occasions for his gratuitous use of sex, violence, and contentious symbolism--1995s Showgirls was overwhelmingly dubbed the worst film of all time and 1997s Starship Troopers earned him a reputation as a fascist. Regardless of the controversy surrounding him, his science fiction films are a move beyond the conventions of the big blockbuster science fiction films of the 1980s (E.T. and the Star Wars trilogy are prime examples), revealing a deeper exploration of both sociopolitical issues and the human condition. Much like the novels of Philip K. Dick (and Verhoeven's 1990 film Total Recall--an adaptation of a Dick short story), Verhoeven's science fiction work explores worlds where paranoia is a constant and determining whether an individual maintains any liberty is regularly questionable. In this thesis I am basically exploring issues regarding power. Although I barely bring up the term power in it, I feel it is central. Power is an ambiguous term; are we discussing physical power, state power, objective power, subjective power, or any of the other possible manifestations of the word? The original Anglo-French version of power means "to be able," asking whether it is possible for one to do something. In relation to Verhoeven's science fiction work each demonstrates the limitations placed upon an individual's autonomy, asking are the protagonists capable of independent agency or rather just environmental constructs reflecting the myriad influences surrounding them.
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Interpretations of academic freedom : a historical investigationBaloyi, Colonel Rex 11 1900 (has links)
This dissertation is a study of academic freedom, an issue which is regarded as a precondition for the university's successful execution of its task, namely the advancement
and dissemination of knowledge. To understand what academic freedom really implies
and entails, a historical review was undertaken of the various interpretations of academic
freedom in the Medieval Italy and France, Imperial Germany, the late 19th century and
the 20th century American and South African universities. As an ideal, academic freedom
implies the free but responsible search for knowledge and truth. The historical review
revealed, however, that academic freedom has at times been misunderstood and abused. The realisation of true academic freedom in South African universities was the motivating
force behind this study. Therefore, this study is concluded with guidelines and
recommendations grounded in the historical review that will hopefully promote academic
freedom in South African universities. / Educational Studies / D. Ed. (History of Education)
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Sovereignty, Peacekeeping, and the United Nations Emergency Force (UNEF), Suez 1956-1967: Insiders’ PerspectivesHilmy, Hanny 13 February 2015 (has links)
This research is concerned with the complex and contested relationship between the sovereign prerogatives of states and the international imperative of defusing world conflicts. Due to its historical setting following World War Two, the national vs. international staking of claims was framed within the escalating imperial-nationalist confrontation and the impending “end of empire”, both of which were significantly influenced by the role Israel played in this saga. The research looks at the issue of “decolonization” and the anti-colonial struggle waged under the leadership of Egypt’s President Nasser. The Suez War is analyzed as the historical event that signaled the beginning of the final chapter in the domination of the European empires in the Middle East (sub-Saharan decolonization followed beginning in the early 1960s), and the emergence of the United States as the new major Western power in the Middle East.
The Suez experience highlighted a stubborn contest between the defenders of the concept of “sovereign consent” and the advocates of “International intervention”. Both the deployment of the United Nations Emergency Force (UNEF) and its termination were surrounded by controversy and legal-political wrangling. The role of UNEF and UN peacekeeping operations in general framed the development of a new concept for an emerging international human rights law and crisis management. The UNEF experience, moreover, brought into sharp relief the need for a conflict resolution component for any peace operation. International conflict management, and human rights protection are both subject to an increasing interventionist international legal regime. Consequently, the traditional concept of “sovereignty” is facing increasing challenge.
By its very nature, the subject matter of this multi-dimensional research involves historical, political and international legal aspects shaping the research’s content and conclusions. The research utilizes the experience and contributions of several key participants in this pioneering peacekeeping experience. In the last chapter, recommendations are made –based on all the elements covered in the research- to suggest contributions to the evolving UN ground rules for international crisis intervention and management. / Graduate / hilmyh@uvic.ca
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Interpretations of academic freedom : a historical investigationBaloyi, Colonel Rex 11 1900 (has links)
This dissertation is a study of academic freedom, an issue which is regarded as a precondition for the university's successful execution of its task, namely the advancement
and dissemination of knowledge. To understand what academic freedom really implies
and entails, a historical review was undertaken of the various interpretations of academic
freedom in the Medieval Italy and France, Imperial Germany, the late 19th century and
the 20th century American and South African universities. As an ideal, academic freedom
implies the free but responsible search for knowledge and truth. The historical review
revealed, however, that academic freedom has at times been misunderstood and abused. The realisation of true academic freedom in South African universities was the motivating
force behind this study. Therefore, this study is concluded with guidelines and
recommendations grounded in the historical review that will hopefully promote academic
freedom in South African universities. / Educational Studies / D. Ed. (History of Education)
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