Thesis advisor: Robert C. Bartlett / At the beginning of the fifth book of the Nicomachean Ethics, Aristotle tells us that, according to common opinion, justice is lawful and fair. He concludes his examination of justice with a discussion of equity, which proves to be neither strictly lawful nor strictly fair—and yet Aristotle tells us that equity is, in a certain sense, the highest form of justice. This dissertation explains how Aristotle reaches this startling conclusion. I begin with an exploration of the careful taxonomy of justice that Aristotle lays out in the first half of book five. But Aristotle abruptly abandons this taxonomy midway through the book when he turns from the simply just to the politically just. For this reason and others, I argue that the second half of the book is not, as some have asserted, the application of the universal principles of justice to a political situation, but a new beginning and a fresh attempt to articulate the virtue of justice, free from the flaws we discover through a careful study of the first half of the book. Aristotle’s political justice takes its bearings from the health of a republican government, that is, a government of free and equal citizens. And yet political justice, like political courage, remains on the level of politics. Aristotle’s discussion of equity at the end of the book presents the virtuous form of justice, which corrects the flaws of justice as lawfulness and justice as fairness and permits justice to take its place in the economy of a noble human life. / Thesis (PhD) — Boston College, 2016. / Submitted to: Boston College. Graduate School of Arts and Sciences. / Discipline: Political Science.

Senior Student Affairs Officers (SSAOs) play an important role in post-secondary institutions ensuring their institutions’ policies, goals and strategic plans are respected while simultaneously supporting students’ academic and campus life needs. Their work is complex, challenging and constantly changing; the decisions they make can impact reputations, academic careers and the integrity of programs and institutions. It would be assumed, then, that the literature is replete with first-hand accounts of how SSAOs do their jobs, what skills they need, and what tools they use. Surprisingly, this is not the case. While the literature is not lacking research about the profession generally, it has limited personal accounts by practitioners describing the work they do, and how they make their complex decisions. This dissertation addresses this issue by presenting a first hand account of my work as a SSAO. In addition to a commitment to add to the student affairs literature base, the purpose of this study was to develop a decision-making model that would provide a structure to my practice and guide a process to develop consistent and fair courses of action. I began the task by reviewing existing decision-making models and making a series of adaptations that would create a framework that would be useful in my decision-making efforts. I then constructed four vignettes, exemplifying the types of issues I encounter in my role as a SSAO. Each vignette was used sequentially to test and critique the decision-making framework thereby indicating places where refinements were needed. The first three vignettes were instrumental in illustrating and exposing the shortcomings of the framework. The fourth vignette provided a scenario that challenged the model and suggested where limitations lie not just in the framework, but also in the work of SSAOs. The end result of this iterative process is a refined two-stage decision-making framework. This work has added to the literature of the student affairs profession; it provides a much needed tool, a decision-making framework that can assist practitioners in their role of providing consistent and fair decisions in an environment fraught with change and uncertainties.

Senior Student Affairs Officers (SSAOs) play an important role in post-secondary institutions ensuring their institutions’ policies, goals and strategic plans are respected while simultaneously supporting students’ academic and campus life needs. Their work is complex, challenging and constantly changing; the decisions they make can impact reputations, academic careers and the integrity of programs and institutions. It would be assumed, then, that the literature is replete with first-hand accounts of how SSAOs do their jobs, what skills they need, and what tools they use. Surprisingly, this is not the case. While the literature is not lacking research about the profession generally, it has limited personal accounts by practitioners describing the work they do, and how they make their complex decisions. This dissertation addresses this issue by presenting a first hand account of my work as a SSAO. In addition to a commitment to add to the student affairs literature base, the purpose of this study was to develop a decision-making model that would provide a structure to my practice and guide a process to develop consistent and fair courses of action. I began the task by reviewing existing decision-making models and making a series of adaptations that would create a framework that would be useful in my decision-making efforts. I then constructed four vignettes, exemplifying the types of issues I encounter in my role as a SSAO. Each vignette was used sequentially to test and critique the decision-making framework thereby indicating places where refinements were needed. The first three vignettes were instrumental in illustrating and exposing the shortcomings of the framework. The fourth vignette provided a scenario that challenged the model and suggested where limitations lie not just in the framework, but also in the work of SSAOs. The end result of this iterative process is a refined two-stage decision-making framework. This work has added to the literature of the student affairs profession; it provides a much needed tool, a decision-making framework that can assist practitioners in their role of providing consistent and fair decisions in an environment fraught with change and uncertainties.

Aristotle’s articulation of a correct state is inherently socially hierarchical. This has led many scholars to view the functionalist approach as being at odds with the inherent equality of persons that is taken for granted in contemporary political theory. My thesis therefore aims to offer a defence of functionalist theory, demonstrating that it can be formulated to respect the functioning of every individual. In Chapter 1, I examine the key Aristotelian concept of natural justice. In order to draw out the subtleties of natural justice, I compare it with Cicero’s articulation of natural law. In Chapter 2, I compare and contrast Martha Nussbaum’s and Aristotle’s articulations of political philosophy. In Chapter 3, I examine the Aristotelian notion of friendship by considering the work of Cooper and Bentley. I argue against most contemporary theorists that Aristotle’s basic understanding of human relationships is altruistic. / Graduate / 0422

Senior Student Affairs Officers (SSAOs) play an important role in post-secondary institutions ensuring their institutions’ policies, goals and strategic plans are respected while simultaneously supporting students’ academic and campus life needs. Their work is complex, challenging and constantly changing; the decisions they make can impact reputations, academic careers and the integrity of programs and institutions. It would be assumed, then, that the literature is replete with first-hand accounts of how SSAOs do their jobs, what skills they need, and what tools they use. Surprisingly, this is not the case. While the literature is not lacking research about the profession generally, it has limited personal accounts by practitioners describing the work they do, and how they make their complex decisions. This dissertation addresses this issue by presenting a first hand account of my work as a SSAO. In addition to a commitment to add to the student affairs literature base, the purpose of this study was to develop a decision-making model that would provide a structure to my practice and guide a process to develop consistent and fair courses of action. I began the task by reviewing existing decision-making models and making a series of adaptations that would create a framework that would be useful in my decision-making efforts. I then constructed four vignettes, exemplifying the types of issues I encounter in my role as a SSAO. Each vignette was used sequentially to test and critique the decision-making framework thereby indicating places where refinements were needed. The first three vignettes were instrumental in illustrating and exposing the shortcomings of the framework. The fourth vignette provided a scenario that challenged the model and suggested where limitations lie not just in the framework, but also in the work of SSAOs. The end result of this iterative process is a refined two-stage decision-making framework. This work has added to the literature of the student affairs profession; it provides a much needed tool, a decision-making framework that can assist practitioners in their role of providing consistent and fair decisions in an environment fraught with change and uncertainties. / Education, Faculty of / Educational Studies (EDST), Department of / Graduate

Before 1994 administrative law was dominated by parliamentary supremacy which dictated that Parliament is the supreme law-making authority in the state. This position was radically changed by the new democratic order. To protect the rights of citizens a Bill of Rights was introduced in South Africa. This research focuses on the uncertainty pertaining to the application of the audi alteram partem rule to the proceedings of commissions of inquiry. Section 24 of the interim Constitution, section 33 of the final Constitution and the Promotion of Administrative Justice Act 3 of 2000 were introduced to safeguard the individual against unfair administrative action. These legislative measures as well as applicable case law are analysed in order to establish whether they have brought about greater clarity concerning the application of the audi alteram partem rule to the proceedings of commissions of inquiry. / Thesis (LL.M. (Public Law))--North-West University, Potchefstroom Campus, 2004.

Before 1994 administrative law was dominated by parliamentary supremacy which dictated that Parliament is the supreme law-making authority in the state. This position was radically changed by the new democratic order. To protect the rights of citizens a Bill of Rights was introduced in South Africa. This research focuses on the uncertainty pertaining to the application of the audi alteram partem rule to the proceedings of commissions of inquiry. Section 24 of the interim Constitution, section 33 of the final Constitution and the Promotion of Administrative Justice Act 3 of 2000 were introduced to safeguard the individual against unfair administrative action. These legislative measures as well as applicable case law are analysed in order to establish whether they have brought about greater clarity concerning the application of the audi alteram partem rule to the proceedings of commissions of inquiry. / Thesis (LL.M. (Public Law))--North-West University, Potchefstroom Campus, 2004.

At least eight soapstone carvings of birds furnished a shrine, Great Zimbabwe, in the 19th century. This large stonewalled settlement, once a political and urban centre, had been much reduced for four centuries, although the shrine continued to operate as local traditions dictated. The Zimbabwe Birds were handed down from a past that has only been partially illuminated by archaeological inquiry and ethnography, as has the site as such. This thesis publishes the first detailed catalogue of the Birds and attempts to reconstruct their provenance at the site based on the earliest written accounts. A modern history of the Birds unfolds when the European settlers removed them from the site in dubious transactions, claiming them as rewards of imperial conquest. As the most treasured objects from Great Zimbabwe, the fate of the Birds has been intertwined with that of the site in a matrix of contested meanings and ownership. This thesis explores how the meanings of cultural objects have a tendency to shift and to be ephemeral, demonstrating the ability of those in power to appropriate and determine such meanings. In turn, this has a bearing on ownership claims, and gives rise to an “authorized heritage discourse” syndrome.   The forced migrations of the Zimbabwe Birds within the African continent and to Europe and their subsequent return to their homeland decades later are characterised by melodramatic episodes of manoeuvring by traders, politicians and theologians, and of the return of stolen property cloaked as an amicable barter deal, or a return extolled as an act of generosity. International doctrines that urge the return of cultural property are influenced by Western hegemonic ideologies. Natural justice is perverted, as stolen property acquires a (superior) significance in its new context, which merits the extinction of the original provenance. This leaves “generosity” and goodwill as the promises of the future, holding the fate of one Zimbabwe Bird still kept in exile in South Africa.

Harming the dignity of the learner; refusing to hear his side of the story; neglecting to help him retrieve his stolen property : such are the unfortunate occurrences at many South African schools, and such are the experiences that have led to this research. Dedicated educators sometimes default, leaving their wronged learners out m the cold. The questions are therefore: • What causes this conduct of educators and why does it recur? • Is it ignorance of their legal position? • Is it insensitivity to common law principles and statutory provisions? • Is it sheer carelessness? Mindful of the introduction of the South African Constitution Act 108 of 1996, wh1ch contains the long-awaited Bill of Fundamental Rights, this study has been undertaken to give an educational-juridical perspective of the educator-learner relationship 1n South African public schools by means of a literature study and an elementary legal comparative study. Various legal terms which influence the educator-learner relationship significantly are defined. In conjunction with the private law status of the learner, the position of the learner within the school system, and the fundamental rights of the learner in the context of the administration of justice are identified and dealt with in so far as they have any bearing on the educator-learner relationship, Moreover, the legal determinants of the educator-learner relationship and the educator's duty of care are pinpointed to determine their significance in an accountable, responsive and open educator-learner relationship, A comparative school law perspective of the sources of school law, the duties and responsibilities of educators, the fundamental rights and legal obligations of the learner, the educator's duty of care, discipline and legal liability in England and Wales, Canada, Japan, and South Africa is presented in terms of similarities and differences, Attention is paid to the necessity of informing educators and learners concerning their respective rights and duties, in order to develop accountable, responsive and open educator-learner relationships in South African schools, / Thesis (Ph.D.)--Potchefstroom University for Christian Higher Education, 2000

"Mémoire présenté à la Faculté des études supérieures En vue de l'obtention du grade de Maîtrise en droit (L.L.M)" / Cette étude vise à définir et à préciser l'étendue ainsi que le contenu de la notion de compétence du tribunal arbitral dans l'arbitrage commercial. L'analogie des statuts du juge étatique et de l'arbitre nous permettra d'étendre l'application de certaines notions propres à la justice étatique, telles que «juridiction», «compétence» et «pouvoir», à l'arbitrage commercial. Ainsi, dans la première partie, à travers l'identification des principaux pouvoirs qu'un tribunal arbitral possède ou peut posséder, nous aurons à préciser la notion de juridiction arbitrale. L'étude sera axée sur la détermination du contenu et sur l'identification de la source de chacun des pouvoirs traités. Par ailleurs, dans la deuxième partie, l'identification des limites desdits pouvoirs nous permettra de préciser la notion de compétence arbitrale. L'étude nous permettra de conclure que, sauf exception, telle que le recours à la force, les pouvoirs d'un juge étatique sont les mêmes que ceux qu'un tribunal arbitral peut posséder. En fait, ce dernier, grâce à la volonté des parties, pourrait en avoir plus que le premier. Toutefois, le caractère hybride de l'arbitrage nous amènera à affirmer que, sauf exception, telle que la justice naturelle, les limites des pouvoirs du juge étatique diffèrent de celles du tribunal arbitral. / The objective of this study is to define and specify the scope as well as the content of the concept of arbitral tribunal jurisdiction in commercial arbitration. An analogy between the status of national judge and of arbitrator enables us to expand the application of certain concepts specifie to national justice, such as "jurisdiction", "authority" and "powers", to commercial arbitration. Thus, in the first part, by identifying the principal powers an arbitral tribunal has or could have, we specify the concept of arbitral authority. The study focuses on determining the content and identifying the source of each of the powers treated. Moreover, in the second part, identifying the limits of said powers enables us to specify the concept of arbitral jurisdiction. The study allows us to conclude that, with a few exceptions such as physical imposition, the powers of a national judge are the same as those of an arbitral tribunal. In fact, the latter, owing to the intention of the parties, may have more than the former. However, the hybrid character of arbitration leads us to assert that, with a few exceptions such as natural justice, the limits of the national judge's powers differ from those of the arbitral tribunal.