Aim of the study: The main aim of the study is to examine and pursue research regarding the history and role of law in the disintegration of the institutions of traditional leadership in South Africa, Botswana and Lesotho in order to make recommendations regarding the challenges and opportunities facing traditional authorities in these countries. The traditional systems, roles and functions of these institutions are traced from the pre-colonial era up to the period of democratic regimes in these countries. This study is based on the premises that the jurisprudence of the institution of traditional leadership is as old as mankind and that this institution is rooted in the rural soil of African communities. Research Methodology: This study is based on legal comparative research with reference to South Africa, Botswana and Lesotho. A literature survey of the most important sources dealing with history, legislation and policy documents was undertaken. Conclusion and Recommendations: The institution of traditional leadership is one of the oldest traditional institutions of governance in South Africa, Botswana and Lesotho. During the pre-colonial era traditional authorities constituted an important component in the traditional system of the administration of the traditional community. Traditions placed a great amount of responsibility on traditional leaders to look after the best interests of their communities. When the colonial government took over the reigns of these three countries, they changed the pre-colonial form and nature of traditional authorities. These colonial governments exercised control over traditional leaders and allowed minimum independence in their traditional rule. The post-colonial governments of South Africa, Botswana and Lesotho retained the institution of traditional leadership. The Constitutions of these countries provide the legal framework for the recognition and functioning of the office of traditional leaders. However, it has been noted in this study that the relationship between the traditional leaders and the governments of these countries has been a mixture of conflict and cordiality. One of the reasons for this uneasy relationship between the traditional leaders and the central governments of these countries is that the status, authority, power and functions of traditional leaders have been reduced considerably when new institutions such as Local Governments, Land Boards, District Councils and Village District Councils were given powers and functions previously exercised by traditional leaders. The post-colonial transformation of traditional leadership in these three countries has led to a steep decline in the authority of traditional leaders. In order to encourage active participation of the traditional leaders in the new democratic structures and bodies, the institution of traditional leadership must be adapted to the changing political, social and economic environments. Rural local government bodies and the national governments of these countries should not view the institutions of traditional leadership as competitors for political power. The post-colonial governments of South Africa, Botswana and Lesotho should introduce traditional leaders as equal partners in the development and advancement of rural communities. In order to achieve this goal the governments of these countries should empower and capacitate traditional leaders so that they do not become misfits in the new constitutional and democratic settlements. / Thesis (LL.D. (Indigenous Law))--North-West University, Potchefstroom Campus, 2007.

A l’arrivée des premiers colons à Assiniboia en 1811, le territoire n’est encore qu’un terrain de chasse pour les grandes compagnies de commerce des fourrures, qui obéissent aux codes d’une lex non scripta propre au milieu et à l’économie des Territoires Indiens. La colonie dépend ensuite de la tutelle juridique de la Compagnie de la Baie d’Hudson, qui gère ses institutions légales et gouvernementales à l’abri d’interventions canadiennes ou britanniques. Jusqu’à son annexion au Canada en tant que province du Manitoba en 1869, Assiniboia est le seul district de l’Ouest canadien continental doté d’institutions législatives et judiciaires. Cette thèse analyse l’évolution de la loi et du droit dans la société métisse de la Rivière Rouge (Assiniboia). A travers les sources des fonds législatifs et judiciaires de la colonie, les récits, correspondances et journaux de dirigeants, de missionnaires et d’habitants d’Assiniboia, ce travail observe les usages de l’outil juridique et ses effets normatifs sur les colons. Cette étude postule qu’un demi-siècle après sa création, la Rivière Rouge est un espace légal hybride, où le droit coutumier coexiste avec le droit institutionnel. Cette recherche démontre l’importante participation de la population à sa propre gouvernance et l’établissement progressif d’un pluralisme juridique qui savait reconnaître et respecter les altérités sociales de la Rivière Rouge, où se rassemblaient des Eurocanadiens, des Autochtones et une majorité d’individus métissés et semi-nomades. Enfin, cette étude met en évidence le rôle fondamental des Métis et du métissage dans tous les processus de changements légaux du territoire. / This dissertation examines the evolution of law in Red River (Assiniboia) through the systems, ideas and events that informed the inhabitants’ concepts of rights, from the colony’s creation until its entry into the Canadian Confederation (as the province of Manitoba). Assiniboia was founded in 1811 in the unsettled Indian Territories which were used as hunting grounds by fur-trading companies, who developed the codes and practices of a lex non scripta on-site to regulate social norms, trade and competition. In the 1820s, the District of Assiniboia came under the management of the Hudson’s Bay Company and was placed under its jurisdiction, and, until the late 1860s, it was the only settlement of the western interior to have its own government and institutions. By looking at the legislative and judicial records of the district, the narratives, correspondence and journals composed by settlers, missionaries and rulers of Red River, this dissertation studies the uses of the law as a form of symbolic violence and a normative tool in the social context of the colony. This study contends that, half a century after its creation, Assiniboia was a hybrid legal space ruled simultaneously by customary and institutional law. It demonstrates the population’s active role in its own governance, and the gradual establishment of a legal pluralism that recognized and respected Red River’s multicultural society, one composed of French and English speaking settlers, Amerindians, and a majority of semi-nomadic people of mixed descent. Ultimately, this study highlights the fundamental role played by the Métis and their Native background in all of the changes to the territory’s legal system.

The broad subject of this diploma thesis would be the Czechoslovak Secret Police (StB) during the years 1945-1969; and, more narrowly, certain aspects of its organization and activities in relation to the then applicable legislation. The overriding objective, which was reflected in this legislation, was the protection of the Communist political system, the regime. This regime protection goal clearly influenced the evolution and organization of the StB and the related policies on the imprisonment of those individuals that represented a threat to the State and the State System. Similar general principles and policies have basically remained in effect into the current period. The paper begins with an Introduction and Preface, which take a look at the events and nature of the society in this post-World War II period. This material is derived from an examination of historical source materials. The remainder of the paper is divided into four additional Chapters with related subsections. The Introduction and Preface focus on the nature and state of the society in the immediate post-war period, which provided the context and background used for the development of the new legislation and the newly created institutions developed for the protection of this new social order and the punishment and incarceration...

The purpose of this thesis was to capture the development of legal regulation of the Czech water law and of water-law relationships, and to point out that miller's law, fisheries law and navigation law are naturally related to the water law. Water transport and handling were not regulated in any manner in the most ancient times. The Czech water law was built on the heritage of the Roman legal culture. From the end of the 10th century, the first mentions of water-law relationships can be found, particularly in monarch's charters. The first important legal regulations related to water included the Mining Code (Ius Regale Montanorum) by king Wenceslas II of 1300-1305 and the Code Maiestas Carolina by king Charles IV, which was not implemented in practice, though. The so called lawbooks are another significant resource for understanding legal regulations related to water. Elements of a complex legal regulation with statewide legal force started to be applied from the end of the 15th and in the course of the 16th century - a number of municipal establishments and the code of municipal law created by Pavel Kristián of Koldín. A considerable boom of legal regulations with respect to all aspects of water-law relationships was seen during the reign of Maria Theresia and Joseph II (the navigation patent,...

Esta tese de doutoramento cuida do processo histórico de formação teórica do direito penal contemporâneo. Inicialmente, apresenta os conceitos básicos do direito penal na doutrina jurídica e política pré-contemporânea. Em seguida, analisa a formação teórica do direito penal contemporâneo na obra de P. J. A. Feuerbach. Por fim, cuida da formação desse mesmo tipo de direito penal em meio à cultura jurídica brasileira do século XIX. / This doctoral thesis handles the historical development of the theoretical formation of contemporary Criminal Law. It starts off with the presentation of basic Criminal Law concepts in pre-conteporary legal and political thinkers. Then, it handles the theoretical formation of contemporary Criminal Law in the works of P. J. A. Feuerbach. Finally, it handles the formation of this same type of Criminal Law within the Brazilian legal culture of the 19th Century.

Esta tese de doutoramento cuida do processo histórico de formação teórica do direito penal contemporâneo. Inicialmente, apresenta os conceitos básicos do direito penal na doutrina jurídica e política pré-contemporânea. Em seguida, analisa a formação teórica do direito penal contemporâneo na obra de P. J. A. Feuerbach. Por fim, cuida da formação desse mesmo tipo de direito penal em meio à cultura jurídica brasileira do século XIX. / This doctoral thesis handles the historical development of the theoretical formation of contemporary Criminal Law. It starts off with the presentation of basic Criminal Law concepts in pre-conteporary legal and political thinkers. Then, it handles the theoretical formation of contemporary Criminal Law in the works of P. J. A. Feuerbach. Finally, it handles the formation of this same type of Criminal Law within the Brazilian legal culture of the 19th Century.

After much debate during the war years over how best to respond to Nazi criminality, the United States embarked on an ambitious postwar trial program in occupied Germany, which consisted of three distinct trial sets: the International Military Trial at Nuremburg, the Nuremberg Military Tribunals, and military trials held at the former concentration camp at Dachau. Within the Dachau military tribunal programme, were the concentration camp trials in which personnel from the Dachau, Mauthausen, Buchenwald, Flossenbürg, and Dora-Mittelbau concentration camps were arraigned. These concentration camp trials at Dachau represented the principal attempt by the United States to punish Nazi crimes committed at the concentration camps liberated by the Americans. The prosecutors at Dachau tried 1,045 defendants accused of committing violations of the 'laws of war' as understood through 'customary' international and American military practice. The strain of using traditional military law to prosecute the unprecedented crimes in the Nazi concentration camps was exposed throughout the trials. To meet this challenge, the Dachau concentration camp courts included an inventive legal concept: the use of a 'criminal-conspiracy' charge-in effect arraigning defendants for participating the 'common design' of the concentration camp, 'a criminal organization'. American lawmakers had spent a good deal of time focused on the problem of how to begin the trials (What charges? What courts? Which defendants?) and very little time planning for the aftermath of the trials. Thus, by 1947 and 1948, in the face of growing tensions between the United States and the Soviet Union, the major problem with the Dachau trials was revealed -the lack of long term plans for the appellate process for those convicted. After two scandals that captured the press and the public's attention, the United States Congress held two official investigations of the entire Dachau tribunal programme. Although the resulting reviews, while critical of the Army's clemency process, were largely positive about the trials themselves, the Dachau trials faded from public memory.

A l’arrivée des premiers colons eurocanadiens à Assiniboia en 1811, le territoire n’est encore qu’un terrain de chasse pour les grandes compagnies de commerce des fourrures, qui obéissent aux codes d’une lex non scripta propre au milieu et à l’économie des Territoires Indiens. La colonie dépend ensuite de la tutelle juridique de la Compagnie de la Baie d’Hudson, qui gère ses institutions gouvernementales, législatives et judiciaires à l’abri d’interventions canadiennes ou britanniques. Jusqu’à son annexion au Canada en tant que province du Manitoba en 1869, Assiniboia est le seul district de l’Ouest continental canadien doté de telles institutions. Cette thèse analyse l’évolution de la culture juridique de la société métissée de la Rivière Rouge (Assiniboia). A travers les sources des fonds législatifs et judiciaires de la colonie, les récits, correspondances et journaux de dirigeants, de missionnaires et d’habitants d’Assiniboia, ce travail observe les usages de l’outil juridique et ses effets normatifs sur les colons. Cette étude postule qu’un demi-siècle après sa création, la Rivière Rouge est un espace juridique hybride, où les lois coutumières coexistent avec celles du code civil de la colonie. Cette recherche démontre l’importante participation de la population à sa propre gouvernance et l’établissement progressif d’un pluralisme juridique, qui savait reconnaître et respecter les altérités sociales de la Rivière Rouge, où se rassemblaient des Eurocanadiens, des Autochtones et une majorité d’individus métissés et semi-nomades. Enfin, cette étude met en évidence le rôle fondamental des Métis et du métissage dans tous les processus de changements juridiques du territoire.

The purpose of this study was to examine the phenomena of middle school transition and achievement as it relates to Hispanic students. According to the 2000 U.S. census, there are more than 35 million registered Hispanic citizens. Of those, 3.6 million are public school students. The literature indicated that there was a marked regression in student achievement during the transition to middle school. Through the use of descriptive statistics and regression analysis, sixth grade Florida Comprehensive Assessment Test (FCAT) reading and math developmental scale scores (DSS) were analyzed to determine if the mean achievement improved or declined after the transition to middle school. A purposeful sampling procedure was used to select 615 Hispanic students from more than 6,000 students that were enrolled in sixth grade during the 2008-2009 school year. The major findings of this study did not support the literature that indicated that students experienced a decline in achievement when they transitioned to middle school. Analysis of the descriptive statistics indicated that sixth grade Hispanic students experienced a substantial increase in their mean FCAT reading DSS and a smaller increase in the mean math DSS only increasing by 30 points or 2% after they transitioned to middle school.

This dissertation examines the Conventions and Recommendations to regulate the minimum age for admission to employment between the years 1919 and 1973 – the ILO minimum age campaign. The adoption process has been studied in its chronological and historical context. The dissertation has three points of departure: that childhood is a historical construction and that the legal material is part of that construction; that the minimum age campaign suffered from a ‘hang-over-from-history’, namely, the history of Western industrialisation during the 19th and early 20th centuries; and, finally, that children had a subordinate and weak position in the minimum age campaign. The study was organised around five central themes: (1) the over-all theme of predominant conceptions of children and work; (2) the relationship between industrialised and colonised and developing nations; (3) the relationship between the child, the family and the state; (4) minimum age; and (5) the importance of school. The most important results of the study are that: (1) In view of the revolutionary changes during the 20th century the continuity in the minimum age campaign was remarkable. In 1919, the ‘child labour problem’ was an issue mainly for the Western industrialised word. By the end of the campaign, in 1973, the transformations in societies during the century had made ‘the child labour problem’ an issue mainly for the developing world and with different conditions and implications in many respects. The content and ‘grammar’ of the minimum age campaign was however never really challenged. (2) The study has verified that the minimum age campaign suffered from a ‘hang-over-from history’. The campaign built directly on the Western industrial experience during the 19th and early 20th centuries. The Western dominance in the ILO, the legal transplants, and the roots in the labour movement all contributed to the ‘hang-over’. (3) The minimum age campaign was modelled on the ‘norm of the Western industrialised childhood’. The norms and realities of childhood in other parts of the world were neglected of considered as provisional and inferior phases in relation to the Western ‘norm’. In this way, there were two separate childhoods in the minimum age campaign: ‘the normal’ childhood conceived for Western conditions and ‘the other’ childhood conceived for the ‘imperfect’ conditions of poor children in the colonised and developing nations.(4) In the minimum age campaign the ‘best interests of the child’ was negotiable and was subordinated in case of conflict with other interests.