M.Ed. (Educational Psychology) / This study would like to determine whether it is important to research discipline as such, before attempting to discipline a child. The question which must be answered is whether the parents' and teachers' education of a child is accepted as important when disciplining a child. A further reason for the study (research) is to accumulate information to help prepare future-teachers and to help parents to be more effective in disciplining a child. The educational implications which come to the forefront in this (study) imply, in essence the total educational challenge which must be met by parents, teachers and future-teachers. This educational challenqe is the ascertaining of juridical principles and educational principles concerned with the disciplining of a child. Because the need for better and greater discipline is a great problem in South Africa, a difficult period lies ahead which will require hard Hark in setting the record straight. Therefore, the most important findings and conclusions are the following : all teachers and parents must take up the challenge and ascertain all essential juridical aspects concerning discipline and ascertain all elementary principles of justice concerning discipline.

Aboriginal rights, and aboriginal fishing rights in particular, are topics which elicit a variety of responses ranging from the positive to hostile. In British Columbia, fish is big business and it is the fourth largest industry in the province. The stakes are high and the positions of the various user groups and stakeholders are clearly demarcated. The fight over fish has pitted aboriginal groups against other aboriginal groups as well as against the federal government and its department of fisheries and oceans - however, the fight becomes vicious, underhanded, and mean spirited when the aboriginal groups are matched against the commercial industry. In an attempt to even the odds the aboriginal peoples have turned to the courts for recognition and protection of what they view as inherent rights - that is a right to fish arising out of the very nature of being an aboriginal person. Up until the Supreme Court of Canada decision in R. v. Sparrow aboriginal rights had been virtually ignored by both the courts and the state. However Sparrow changed all that and significantly altered the fight over fish. And that fight has become a virtual no-holds barred battle. The Sparrow decision remains to this day one of the most important Supreme Court decisions pertaining to aboriginal rights. This thesis is a case study of Sparrow - it will examine the decision from a perspective of whether subordinate or disadvantaged groups are able to use the law to advance their causes of social progress and equality. The thesis examines the status and nature of aboriginal fishing rights before and after the Sparrow decision. The thesis will examine whether the principles of the decision have been upheld or followed by the courts and the government of Canada. Data will consist of interviews with representatives of the key players in the fishing industry, namely, the Musqueam Indian Band, the Department of Fisheries and Oceans, and the commercial industry. In brief, the findings of my research do not bode well for the aboriginal peoples - the principles of the Sparrow decision have not been followed by the government of Canada and aboriginal fishing rights remain subject to arbitrary control. The thesis will examine why and how this happened. / Arts, Faculty of / Anthropology, Department of / Graduate

Masters in Public Administration - MPA / The aim of this study was to critically examined the juvenile justice system with regard to the theory of restorative justice as a better alternative to the punitive system that recognizes the rights of children as human rights is in line with the convention on the rights of the child. This research looked at punishment as a penal option, which the court imposes on a person for committing a crime. By means of a case study with regards to the One Stop Youth Justice Centre in Port Elizabeth, this study argued that the restorative method of dealing with youth offenders is a better alternative in contrast to the punitive system. / South Africa

The study investigates the human rights violations that underlie widowhood practices in Cape Coast and Komenda in the Central Region of Ghana. Review of the relevant literature on widowhood practices suggests that widowhood practices are a global cultural phenomenon, which is not confined to Sub-Sahara Africa. A survey of relevant studies on the phenomenon suggests that there are two competing perceptions on African widowhood practices: (1) a dominant negative perspective and (2) a minor positive perspective. The dominant negative perspective, which receives overwhelming research attention, focuses only on the negative characteristics of widowhood while the minor positive perspective which receives scanty research attention, rejects the criticisms levelled against widowhood practices as being externally influenced by Christianity and Western Feminism. Various stakeholders within the Akan community were given an opportunity to retell their own versions of widowhood practices. In order to achieve this purpose, the research extracted competing narratives from all the multiple sample subgroups of the proposed study: widows; widow family heads; chiefs; widowhood ritual practitioners; elderly female supervisors of widowhood practices; an official from the Commission for Human Rights and Administrative Justice (CHRAJ); an official from the Ministry of Women and Children Affairs (MOWAC); and an official from the Domestic Violence and Victims Support Unit (DOVVSU) of Ghana. The study found out that despite legislative intervention and policy frameworks, the practice still persist among the Akan communities in Ghana. The reasons for the continued existence of such rituals are explained followed by recommendations for possible solutions.

The presented thesis with the title "Members of Individual Types of Business Companies" deals with the analysis of the legal status of companies' partners. The primary aim of the thesis is to identify and describe in detail the most fundamental aspects that define and influence the participation of members in particular forms of business companies, and, in the final consequence, the very nature of these entities. The main subject of this thesis is a member's relationship, which represents a binding line between a business company and partners as individuals. Through the examination of particular elements of this legal relationship including specific ways leading to its creation or termination within each type of the business company the differences in the legal status of subjects of these entities are determined. The issue of partners' legal status regulation is analysed from the perspective de lege lata, while in suitable cases the positive law is compared with the preceding legislation. The goal of such a comparison is to declare the evolution in the normative solution to a particular question. The thesis also deals with some parts of company laws which are problematic in terms of interpretation. Using the interpretative rules, I am assuming a viewpoint of my own in order to overcome the...

in English A Comparison of the Legal Status of Professional Football Players in Germany, Italy, the United Kingdom and the Czech Republic The thesis is, above all, a response to the still largely unresolved situation regarding the Czech legal regulation of the activities performed by professional sportspeople practising the so-called team sports. According to many opinions, it appears highly likely that professional sporting activity fully meets the legal definition of "dependent labour" which should be performed solely within labour relationships in accordance with the labour code; however, the contemporary practice is vastly different. The overwhelming majority of professional sportspeople and their clubs enter into so-called innominate contracts governed by the civil code; this approach has been explicitly found permissible by the Supreme Administrative Court within its stable case-law. On the one hand, such practice provides the flexibility that is much needed in professional sports and is also financially beneficial for both sides. On the other hand, however, it denies sportspeople of the legal protection they would enjoy as employees. This is why there have recently been gradually intensifying calls suggesting that the status quo is unsatisfactory and unsustainable; this conclusion seems to...

This thesis investigates the social and economic history of slavery in Libya in the period between 1800 and 1950. Focusing on Tripoli and the trading centres of Ghadames and Fezzan, it uses a combination of sources including legal records, travel accounts, commercial correspondence, memoirs and oral interviews to examine the impact of the slave trade, the economic and social lives of the enslaved, and their experiences of emancipation. Examining the trading of slaves in Ghadames, the thesis reveals how merchants considered slaves one commodity among others. It analyses how the slave trade continued until the Italian occupation of Libya in 1911, long after the formal prohibition of the trans-Saharan slave trade in 1856. Despite a long-term decline, caravan trading networks remained somewhat resilient and continued with alternative commodities such as ivory and ostrich feathers. This thesis then moves to analyse the social and economic lives of the enslaved, and the legal status of slavery in Libya. It explores the dynamics of employment, resistance by slaves and master-slave relations by analysing two major categories of slaves, who were treated considerably differently; those who worked in the caravan trade in Ghadames, and those slaves who worked as domestic servants in Tripoli. Many existing sources showed the differences in social relationship between slaves and masters. Different occupational categories, such as caravan workers and domestic servants, had different access to patronage, or experiences of abuse and violence. Oral interviews reveal that slaves in Tripoli experienced less violence compared to those in Ghadames and Fezzan in the nineteenth century. However, mistreated slaves had the right to a court hearing. The court provided a platform for slaves to challenge abuse, with some slaves seeking to push these boundaries further by going to court to assert their rights to better treatment by their owners. The third chapter explores the patterns of religious and economic manumission that existed in Libya before the abolition of slavery, It also traces changes of policies of emancipation that pursued by Ottoman and Italian governments. Finally, the thesis explores the social history of emancipation through examining the economic and social lives of communities of freed slaves. Through surveying a large number of legal cases, the thesis argues that slavery in Libya was marked more by continuities than change across the period of study. The legacy of slavery has persisted over time as relations of clientship between ex-slaves and ex-masters replaced direct relations of ownership. This thesis shows the difficulties faced by slaves in negotiating for clientship (al-wala’) from their former masters. Some ex-slaves unquestionably improved their status with a substantial minority experiencing social mobility as caravan workers and agents, while others remained ill-treated, with irregular work and subsistence wage labour; living on the margins of Libyan society.

LL.M. / Please refer to full text to view abstract

Magister Legum - LLM / Child participation and the right of children to be heard in matters that directly affect them, including in judicial and administrative matters, is a right that is entrenched in a number of international and regional instruments. This right is also entrenched in the South African Constitution that provides for children to be legally represented, at State expense, in civil proceedings affecting them and this includes divorce proceedings. However, this constitutional right is limited to those circumstances where a substantial injustice would otherwise result should such legal representation not be afforded. This thesis examined how the voices of children can be heard during divorce proceedings and makes recommendations as to when children involved in divorce proceedings should be granted legal representation at State expense. / South Africa

Magister Legum - LLM / This research aimed to undertake an investigation into the question of whether after divorce, in the matrilineal customary law marriage in Malawi, women's rights are severely violated. The study showed causes of divorce, how proceedings are done, how issues of property are handled, how the issue of custody of children and maintenance are also handled. All this was weighed against the constitutional provisions and international law. / South Africa