The focus of this study is on South Africa's transition to democracy. It is argued in this thesis, that an analysis of the transition to democracy in South Africa and the transformation of the con ict that prevailed in this divided society could generate new avenues for theorising about transitions to democracy in divided societies amidst con ict. The aim with this thesis is to contribute towards a more comprehensive understanding of the complex nature of the process of transition to democracy, and the relevant theory involved, particularly with regard to transitions in divided societies. One consequence of the deep divisions within South African society has been the increase in violence, which followed liberalisation. The transition to democracy in South Africa, as a result, was characterised by continuing and escalating violence. In South Africa, the authoritarian regime deteriorated mainly because of internal factors, but external factors also played an important role. The analysis of the transition has been guided by the hypothesis that the democratisation of South Africa was accomplished through a compromise that was negotiated between the major political actors and which re ected the intra-, as well as the inter-dynamics in the domains of, state - political society - civil society. Thus, the main theme of this thesis is, that in the analysis of the dynamics of the tran- sition to democracy in South Africa, a basic framework in which the domains of, state - political society - civil society, are the domains where structural variables (such as culture, economic development, class structures, increased education and the international environ- ment) and behavioural variables (such as major political actors, elite factions, organisations from civil society) interact. Thus, in the diachronic analysis of South Africa's transition, an interactive approach, that seeks to relate structural constraints to the shaping of contingent choice, is followed. At the same time, the institutional substitution of a new democratic political dispensation is examined. In conclusion, democracies are complex phenomena, and they are caused by many di er- ent forces and synthesizing the relevant theoretical approaches to political change provides a more cogent and comprehensive explanation of democratic transition in South Africa. / (D. Litt. et Phil. (International Politics))

In demokratischen politischen Systemen haben staatliche Akteure darauf zu achten, die legitimatorische und die ökonomische Basis ihres Handelns stabil und miteinander vereinbar zu halten. Dieses Interesse des politischen Systems an sich selbst wird damit zur Grundlage all seiner Steuerungsbemühungen. Aufgrund der strukturellen Abhängigkeit des Staates von einer funktionsfähigen Ökonomie ist staatlichen Akteuren auch an der Steuerung der industriellen Beziehungen gelegen – zumindest dann, wenn sie in Rezessionsphasen das Handeln der Tarifverbände als dysfunktional bewerten. Unmittelbarer staatlicher Intervention und Steuerung steht aber das grundgesetzlich verankerte Konstrukt der Tarifautonomie entgegen. Das bedeutet jedoch nicht, dass dem Staat alle Steuerungsmöglichkeiten genommen sind. Am Beispiel der staatlichen Forcierung betrieblicher Bündnisse für Arbeit wird gezeigt, dass der Staat über den Umweg der indirekten, diskursiven Steuerung in der Lage ist, gesellschaftliche Akteure zur Selbststeuerung anzuregen. Im Ergebnis lässt sich eine Transformation der Strukturen der industriellen Beziehungen beobachten, die zu einem wesentlichen Teil nicht von den Tarifverbänden, sondern vom Staat ausgeht.:Einführung; Inhalte und Verbreitung betrieblicher Bündnisse für Arbeit; Das Interesse des Staates an betrieblichen Bündnissen für Arbeit; Daten: Das Interesse des Staates am Diskurs über betriebliche Bündnisse; Das Desinteresse des Staates an betrieblichen Bündnissen?; Fazit / In political systems that are liberal and democratic state actors must keep the legitimating and economic basis of their actions stable and compatible with each other. This interest of political systems in themselves becomes the basis of all their intervention policies. Due to the structural dependency of the state from a functioning economy state actors also attempt to regulate industrial relations; at least during periods of recession in which free collective bargaining is regarded as dysfunctional. Direct state intervention and regulation are restricted by the right of free collective bargaining, which is guaranteed by the German constitutional law. Notwithstanding this does not mean that the state has lost all its possibilities of regulation and control. The example of the state’s demand, and to a certain extent enforcement, of internal alliances for jobs shows that the state is very well in the position to stimulate collective actors to self-regulation. This stimulation takes place through a discursive, indirect intervention. As a result of these shifts and changes a structural transformation of industrial relations takes place, which, to a great extent, is not initiated by employers’ and employee’s associations, but by the state.:Einführung; Inhalte und Verbreitung betrieblicher Bündnisse für Arbeit; Das Interesse des Staates an betrieblichen Bündnissen für Arbeit; Daten: Das Interesse des Staates am Diskurs über betriebliche Bündnisse; Das Desinteresse des Staates an betrieblichen Bündnissen?; Fazit

Text in English / This dissertation investigates the problem of significance conflict resolution as a meaningful ministry of the Church in ecclesial, social and political conflict. Recognising the fact that conflict has been an experience of humankind since the beginning of time the research focuses on the Church's role in socio-political conflict during the years of the National Party rule in South Africa. A number of theological and practical questions arise from the problem of conflict and its resolution in relation to the Church. The question is raised: does conflict resolution as a concept and strategy have a credible theological content. In order to explore this problem the dissertation first develops a theology of conflict. The theology of conflict forms the basis for a theology of conflict resolution. The thesis is that conflict, inherent in all human experience, is not good or evil. Rather it has the potential for destruction and transformation. It is the transformatory possibility that needs to be promoted. The thesis examines conflict resolution strategies of leading theorists and practitioners and tests them as viable approaches to be adopted by the Church. However it finds that conflict resolution will be accepted as a role of the Church if it can be formulated in convincing theological principles. An analysis of reconciliation and conflict resolution focuses on the way reconciliation is perceived in the political context. It then probes the theological relationship between reconciliation and conflict resolution. Reconciliation is more than conflict resolution. The scope of reconciliation includes (a) the initiative of God, (b) addressing the predicament of alienation, brokenness and distress ( c) through the Cross and Resurrection of Jesus Christ the Mediator (d) who reconciles the universe to God. However, conflict resolution has an indispensable role in the reconciliation process. Through the ministry of conflict resolution the Church facilitates confrontation between individuals or groups and contributes towards transformation in relationships where there is conflict. The thesis then probes the possibilities for conflict resolution to be an integral part of of on-going pastoral ministry in the belief that pro-active conflict resolution is a source of social and ecclesial transformation. / Philosophy, Practical & Systematic Theology / D. Th. (Practical Theology)

Les fusions transfrontalières de sociétés de capitaux n’intéressent pas uniquement le droit des sociétés mais revêtent aussi d’importants aspects de droit social. Si la directive du 26 octobre 2005 facilite ces opérations, le renvoi aux législations nationales opéré soulève de nombreuses difficultés en l’absence de traitement harmonisé de leurs conséquences sociales. Les interrogations suscitées par la mise en oeuvre de la participation des travailleurs aux organes de gestion de la société issue de l’opération n’en sont qu’une illustration. D’autres questions relatives notamment au devenir des instances de représentation du personnel existant au sein des sociétés parties à la fusion, aux normes collectives ou aux contrats de travail, restent en suspens. A celles-ci et à d’autres, cette étude tente d’apporter des réponses. Les enjeux dont les fusions transfrontalières sont porteuses l’exigent. / Cross-border mergers of incorporated companies do not only interest Company Law but also comprise important aspects of Labour & Employment Law. If the European Directive dated 26 October 2005 facilitates these transactions, the reference made to national legislation raises many difficulties in the absence of harmonized treatment of the social consequences of transactions. The questions raised by the implementation of workers' participation in management bodies of the company resulting from the transaction are an illustration. Other issues include the fate of employees’ representative bodies of existing staff within the merging companies, collective norms and employment contracts, remain unresolved. To these and others, this study attempts to provide answers. The consequences of the cross-border transactions require that answers be given to the unresolved issues.

The thesis titled “The theory of thwarted belongingness and its relation to youth violence” presents the findings of a qualitative study that focussed on late adolescents who have committed physical assault and who were referred to a diversion programme by a court. The study followed a grounded theory methodology approach for which convenience sampling, purposeful sampling and theoretical sampling were used to obtain participants. Semi-structured interviews were conducted and the data were analysed through constant comparative analysis. From the analysis the theory on thwarted belongingness emerged that explains how the adolescents attempt to negotiate a sense of belonging. The theory further explains how failed negotiations are dealt with and when one could expect violent behaviour to occur. In general, the current research study creates awareness of the psychological non-shared environment and its potential role in the development of behaviour. Future research should be focussed on the saturation of categories and dimensions that have not been fully saturated in the current study and to test the theory of thwarted belongingness since it is a newly generated theoretical stance that needs to be validated. / Psychology / Ph. D. (Psychology)

Made available in DSpace on 2016-04-26T20:24:18Z (GMT). No. of bitstreams: 1 Daniel Bushatsky.pdf: 1380757 bytes, checksum: 47bccc0b95080221650937333369ec7e (MD5) Previous issue date: 2016-03-09 / This doctoral thesis presents the principle of negotiating security, relating it to corporate law. For such, the principles of rules are differentiated, exposing the basic principles of corporate law, emphasizing that it is due to private autonomy that the partners subject themselves to the will of the majority in corporate resolutions, just as decisions made should follow the interests of the corporation. After this, the principle of negotiating security was conceptualized, which is sustained over 4 (four) pillars: objective good faith (loyalty), confidence theory, principle of correction (inspired by the Italian law) and private autonomy. It was asserted that loyalty, reliability, correction and subjective and objective autonomy jointly studied provide the base value for the interpretation of the Law and Legal Affairs, bringing security to corporate relations, within the legal framework of trade, creating the standard of behavior expected from all those involved in trade. By combining the principle of negotiating security with the principle of corporate preservation, it can be demonstrated how conflicts of interest involving the company, partners and administrators should be resolved. Following, first an overview of business risk and the multiple facets of justice, then a review on the legal protection of private investment, arriving at the conclusion that it must comply with its corporate function, in order to expose the main aspects of the business corporation. In order to prove the understanding, doctrinal passages were presented, recent decisions of the Brazilian courts on corporate law were analyzed, as well as how theoretical examples were used as illustration. Finally, the paper emphasizes that the principle of negotiating security must be applied in corporate law, protecting society, partners, administrators, and, thus, helping both the economic and the social development / Na presente tese de doutorado apresenta-se o princípio da segurança negocial relacionando-o com o direito societário. Para tanto, diferenciam-se os princípios das regras, expondo, depois, os princípios basilares do direito societário, destacando que é graças à autonomia privada que os sócios se sujeitam à vontade da maioria nas deliberações sociais, assim como as tomadas de decisões devem seguir o interesse da sociedade. Após, conceituou-se o princípio da segurança negocial sustentando-o em 4 (quatro) pilares: boa-fé objetiva (lealdade), teoria da confiança, princípio da correção (inspirado no direito italiano) e autonomia privada. Asseverou-se que lealdade, confiança, correção e a autonomia subjetiva e objetiva estudadas conjuntamente trazem o valor base para a interpretação da Lei e dos negócios jurídicos, trazendo segurança às relações sociais, dentro do regime jurídico comercial, criando o padrão de comportamento esperado de todos os envolvidos no comércio. Conjugando o princípio da segurança negocial com o princípio da preservação da empresa, demonstrou-se como os conflitos de interesses envolvendo sociedade, sócios e administradores devem ser resolvidos. Seguiu-se, primeiro com uma visão geral sobre o risco empresarial e as múltiplas facetas sobre justiça, depois realizando uma crítica sobre a proteção jurídica ao investimento privado, concluindo que este deve cumprir sua função social, para assim expor os principais aspectos da sociedade empresária. Para provar o entendimento, trouxeram-se passagens doutrinárias, analisaram-se recentes decisões dos tribunais brasileiros sobre direito societário assim como se utilizaram exemplos teóricos como ilustração. Por fim, ressaltamos que o princípio da segurança negocial deve ser aplicado no direito societário, protegendo sociedade, sócios, administradores, e, ajudando, consequentemente, no desenvolvimento econômico e social

Text in English / This dissertation investigates the problem of significance conflict resolution as a meaningful ministry of the Church in ecclesial, social and political conflict. Recognising the fact that conflict has been an experience of humankind since the beginning of time the research focuses on the Church's role in socio-political conflict during the years of the National Party rule in South Africa. A number of theological and practical questions arise from the problem of conflict and its resolution in relation to the Church. The question is raised: does conflict resolution as a concept and strategy have a credible theological content. In order to explore this problem the dissertation first develops a theology of conflict. The theology of conflict forms the basis for a theology of conflict resolution. The thesis is that conflict, inherent in all human experience, is not good or evil. Rather it has the potential for destruction and transformation. It is the transformatory possibility that needs to be promoted. The thesis examines conflict resolution strategies of leading theorists and practitioners and tests them as viable approaches to be adopted by the Church. However it finds that conflict resolution will be accepted as a role of the Church if it can be formulated in convincing theological principles. An analysis of reconciliation and conflict resolution focuses on the way reconciliation is perceived in the political context. It then probes the theological relationship between reconciliation and conflict resolution. Reconciliation is more than conflict resolution. The scope of reconciliation includes (a) the initiative of God, (b) addressing the predicament of alienation, brokenness and distress ( c) through the Cross and Resurrection of Jesus Christ the Mediator (d) who reconciles the universe to God. However, conflict resolution has an indispensable role in the reconciliation process. Through the ministry of conflict resolution the Church facilitates confrontation between individuals or groups and contributes towards transformation in relationships where there is conflict. The thesis then probes the possibilities for conflict resolution to be an integral part of of on-going pastoral ministry in the belief that pro-active conflict resolution is a source of social and ecclesial transformation. / Philosophy, Practical and Systematic Theology / D. Th. (Practical Theology)

This thesis describes how I took part in a series of collaborations with dancers Danai Pappa and Katie Hall, musician George Williams and video artist Julie Kuzminska. To realise our collaborations, I built electronic sculptural instruments from junk using bricolage, the act of subversion, skip diving and appropriation. From an auto-ethnographic viewpoint, I explored how collaborations began, how relationships developed and how various levels of expertise across different disciplines were negotiated. I examined how the documentation of the performances related to, and could be realised as, video art in their own right. I investigated the themes of work, labour and effort that are used in the process of producing and documenting these works in order to better understand how to ‘create’. I analysed the gender dynamics that existed between my collaborators and myself, which led to the exploration of issues around interaction and intimacy, democratic roles and live art. The resulting works challenged gender stereotypes, the notion of what a musical instrument can be and how sound is produced through action/interaction. I found that reflective time was imperative; serendipity, constant awareness of one’s environment, community and intimate relationships greatly enhanced the success of the collaborations. Instruments became conduits and instigators with shifting implied genders based on their context or creative use. As well as sound being a product of movement, effort and interaction, I realised it was also an artefact of the instruments.

The main aim of European economic integration is to reach the common market of goods, services, persons and capital. To make this aim easier to realize in terms of free movement of capital, European Commission has created the statute of the European company (Societas Europaea, SE) as a new institute and corporate vehicle on the supranational level. The paper offers information about creation of the European company according to Comunitary and Czech national law and its corporate structure and mentions several concrete cases of company creation or transformation. The end of the study is dedicated to an analysis of the current usage of European company and advantages and disadvantages of this legal form of trading company together with a summary of current experience with the existence of European company and with the possible future of transnational companies within European Union.

No description available.