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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the 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.
11

Religious autonomy and the personal law system

Ahmed, Farrah January 2012 (has links)
This thesis examines the Indian system of personal laws (‘the PLS’), under which the state applies a version of religious doctrine to the family matters of citizens whom it identifies as belonging to different religious groups. There has been a lengthy and persistent debate over the PLS, particularly in relation to its discriminatory effects upon women. However, another problem with the PLS has been little commented-upon. Supporters of the PLS emphasise its positive impact on religious freedom to such an extent that there is a pervasive assumption that the PLS is, indeed, good for religious freedom. But there has been surprisingly little critical assessment of the truth of this claim in either academic or political debates. This thesis, a work of applied normative legal theory, attempts to fill this important gap in the literature on the PLS. The thesis addresses the question of how the PLS affects one conception of religious freedom, namely religious autonomy. Its principal findings are that the PLS interferes with the religious autonomy of those subject to it by affecting their religious options (by interfering with their freedom from religion and their freedom to practice religion) and by harming their self-respect (by discriminating on the grounds of sex and religion, and by misrecognising their religious identities). Furthermore, the thesis finds that the PLS cannot be defended in the name of religious autonomy based on the possibility of exit from the system, the advantage of having the ‘option of personal law’, the power it gives people to bind their future selves, the expressive potential of the personal laws, the contribution it makes to membership in a religious community, the contribution it makes to religious group autonomy, or the recognition or validation it provides for religious identities. These conclusions imply that concerns relating to religious autonomy constitute an important set of objections to the PLS. The thesis then considers several reform proposals, including certain modifications of the PLS, a move towards a millet system, ‘internal’ reform of individual personal laws and the introduction of a Uniform Civil Code. It particularly focusses on one reform possibility – religious alternative dispute resolution – which has not been considered closely in the Indian context.
12

Střídavá péče o dítě po rozvodu rodičů / Shared Custody

Hejtmánková, Lenka January 2012 (has links)
This thesis is a theoretical study that characterizes shared childcare after divorce as the most suitable post-divorce arrangement. This assumption is based on developmental changes in the European family from the time of the French Revolution, the development of family law and important aspects of family law, as well as on the needs of children, and definitions of maternal and paternal love. This hypothesis is also supported by the results of foreign research, which compares the lives of children in different post-divorce arrangements. The following paper discusses mediation as an appropriate way of helping parents achieve a solution that is suitable for all participants in the dispute. In the conclusion some case studies are presented.
13

L'influence de la cour de cassation sur le droit : analyse en droit de la famille / Judiciary High Court's influence : family law analyze

Hoffstetter, Célia 14 December 2015 (has links)
Créée en 1790, la Cour de cassation n'a eu de cesse d'évoluer au fil des ans, s'adaptant à la judiciarisation croissante de la société. Elle veille à l'égalité de tous devant la loi, en précisant au besoin les côtés obscurs de certains textes, en harmonisant les pratiques judiciaires et en s'assurant de la bonne application par les magistrats des instruments juridiques. Le droit de la famille ne fait pas exception à ce constat. L'apparition de notions à contenu variable, comme l'intérêt de l'enfant ou celui de sa famille, complique la tâche du juge, déjà confronté à la diversification des sources du droit de la famille. L'interprétation et l'application des règles qui le composent suscitent parfois des difficultés, que la Cour de cassation peut atténuer. Que ce soit par le biais du pourvoi en cassation ou des autres compétences qui lui ont été confiées, elle améliore constamment les rapports entre la famille et son droit, tout en composant avec les facteurs qui perturbent aujourd'hui cette matière. / For many reasons, family law is now in trouble. The bests interests of the child have to be protected by judges, even if they do not know all about the child's situation. It is the same when they have to take a decision about couple's relations. So, judges need some directions, proclaimed by the High Court. The High court's missions is to apply and interpret all the rules which are edicted by the Parliament. There is only one High Court, situated in Paris and created 1790. Others juridictions have to respect its decisions and that is why it is one of the most important juridictions in France.
14

Family conflict in ducal Normandy, c. 1025-1135

Hammond, Catherine January 2013 (has links)
This thesis focuses on conflict within families in Normandy, c. 1025 to 1135. Despite the occurrence of several acute struggles within the ducal house during this period, and a number of lesser known but significant disputes within aristocratic families, this topic has attracted little attention from historians. Kin conflict was cast by medieval commentators as a paradox, and indeed, it is often still regarded in these terms today: the family was a bastion of solidarity, and its members the very individuals to whom one turned for support in the face of an external threat, so for a family group to turn against itself was aberrant and abhorrent. In this thesis, I draw on significant narrative and documentary evidence to consider the practice and perception of family discord. When considered in its broader setting, it emerges that kin disputes were an expected and accepted part of Norman society at this time. I begin by introducing the topic, justifying my approach, considering the relevant historiography, and providing an overview of the sources. In chapter one, I examine the representations of family and conflict in a range of primary sources to glean contemporary views. In chapters two and three, I focus on the practice of conflict within the ducal family, considering the causes of disputes, and then the place of internal ducal dissension in the Norman world. Chapter four analyses the same issues in relation to discord within aristocratic families, before chapter five explores family disputes which arose from patronage of the Church. In the conclusion, I consider the Norman example within its comparative contemporary milieu and ponder the broader themes of family conflict.
15

Minimization Problems Based On A Parametric Family Of Relative Entropies

Ashok Kumar, M 05 1900 (has links) (PDF)
We study minimization problems with respect to a one-parameter family of generalized relative entropies. These relative entropies, which we call relative -entropies (denoted I (P; Q)), arise as redundancies under mismatched compression when cumulants of compression lengths are considered instead of expected compression lengths. These parametric relative entropies are a generalization of the usual relative entropy (Kullback-Leibler divergence). Just like relative entropy, these relative -entropies behave like squared Euclidean distance and satisfy the Pythagorean property. We explore the geometry underlying various statistical models and its relevance to information theory and to robust statistics. The thesis consists of three parts. In the first part, we study minimization of I (P; Q) as the first argument varies over a convex set E of probability distributions. We show the existence of a unique minimizer when the set E is closed in an appropriate topology. We then study minimization of I on a particular convex set, a linear family, which is one that arises from linear statistical constraints. This minimization problem generalizes the maximum Renyi or Tsallis entropy principle of statistical physics. The structure of the minimizing probability distribution naturally suggests a statistical model of power-law probability distributions, which we call an -power-law family. Such a family is analogous to the exponential family that arises when relative entropy is minimized subject to the same linear statistical constraints. In the second part, we study minimization of I (P; Q) over the second argument. This minimization is generally on parametric families such as the exponential family or the - power-law family, and is of interest in robust statistics ( > 1) and in constrained compression settings ( < 1). In the third part, we show an orthogonality relationship between the -power-law family and an associated linear family. As a consequence of this, the minimization of I (P; ), when the second argument comes from an -power-law family, can be shown to be equivalent to a minimization of I ( ; R), for a suitable R, where the first argument comes from a linear family. The latter turns out to be a simpler problem of minimization of a quasi convex objective function subject to linear constraints. Standard techniques are available to solve such problems, for example, via a sequence of convex feasibility problems, or via a sequence of such problems but on simpler single-constraint linear families.

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