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Made available in DSpace on 2014-06-12T17:22:06Z (GMT). No. of bitstreams: 2 arquivo6014_1.pdf: 1763118 bytes, checksum: eabe859ff2ac4abdf2e855b28a13d075 (MD5) license.txt: 1748 bytes, checksum: 8a4605be74aa9ea9d79846c1fba20a33 (MD5) Previous issue date: 2006 / Pesquisa sobre o princípio da função social do contrato. O princípio da autonomia da vontade, no Estado Liberal, regeu a disciplina dos contratos. Aí se construiu a teoria clássica, baseada nos dogmas da liberdade contratual, do consensualismo, da força obrigatória da palavra acordada e da relatividade dos efeitos das convenções, que permearam as codificações do século XIX e a brasileira de 1916. A época retratava o contrato individualista, crente na legitimidade da vontade para torná-lo justo, e por isso desconsiderava qualquer apreciação empírica para adequá-lo às condições econômicas dos contratantes, porventura alteradas por causas supervenientes ou contemporâneos à celebração. No século XX, o mundo sofre transformações políticas, econômicas, filosóficas e jurídicas, estimuladas pelos dois conflitos mundiais e pela revolução bolchevique. Surge o Estado Social interventor, cujo propósito é humanizar a propriedade, condicionando-a a cumprir fins sociais. Nessa esteira, constitucionaliza-se o Direito Privado, em virtude do que o ramo contratual recepciona a função social. Está implícita na Constituição Federal, no Código de Defesa do Consumidor e na legislação trabalhista. O Código Civil de 2002 acolheu-a de maneira expressa. Tem natureza de princípio e cláusula geral codificada, cujo papel é proteger a parte débil do vínculo contratual, mediante o equilíbrio na repartição de direitos e obrigações contraídos, avaliada pelas circunstâncias sociais, culturais e econômicas que giram ao derredor dos contraentes. Assim, legitima as intervenções do legislador e do Estado-juiz nos laços interprivados para redimensionar os princípios contratuais tradicionais

This thesis explores the factors that explain varying degrees of coherence in European Union (EU) crisis management and draws implications for its role as an international security actor. The analysis starts from the assumption that coherence is a function of competing and conflicting interests and norms. The influence and interaction of these factors across governance levels are viewed through two theoretical lenses: liberal intergovernmentalism and sociological institutionalism. Derived hypotheses are evaluated through a comparative case study design, focused on three instances of crisis management in Africa, namely Libya (2011), Somalia (2011-2012), and Mali (2012-2013). The analysis traces the activities and interaction of EU institutional actors and member states, with a focus on France, the United Kingdom (UK), and Germany. It suggests that the degree of coherence in EU crisis management is contingent on the congruence of domestic economic and electoral interests, as well as national threat perceptions. But it also depends on the extent to which EU-level coherence norms resonate with national norms on the use of force and preferred modes of multilateral cooperation. The study identifies scope conditions for the interaction of interests and norms: if economic and electoral stakes are high and calculable, interest-based calculation prevails. If, instead, decision-makers are faced with low stakes and uncertainty, embedded national norms are more likely to shape their behaviour. The Union thus represents a rather unpredictable security actor, whose multi-level coherence depends on the context-specific balance between domestically defined interests, stakes, and salient norms.

The following pages are about feminism and politics. The aim is to study the feministic course of action of the Swedish government, and to find the one out of three, for this paper most relevant feministic orientations, that pervades the politics. My study is based on a qualitative text analytical method, with the ideal type as an analytic tool, which include typological distinctions of liberal-, radical-, and social feminism. The result of my study shows that the prevailing orientation, is the radical feminist, here recognized by political proposals that involve changes (for the better) in attitude towards women, in all level of society.

The purpose with this essay is to find out if neo-fascist connection will change the next generations citizens (in this specific case ninth graders) opinions about a specific political party. In modern day Sweden, only one political party stands for political ideas that can be seen as neo-fascist (Sverigedemokraterna). What would happen if the next generation citizens saw this connection and how would they respond? That’s what this essay is all about, are the students “positive”, “negative” or “on changed” to a neo-fascist political party? The studies research type is mainly of a qualitative nature but quantitative elements occur. The data is coming from two classes of ninth graders that answered eight questions each. The questions remained the same for all students but with one crucial difference. One of the classes answered the questions before they had been informed of the neo-fascist connections that Sverigedemokraterna can be linked too. And the other class answered the questions after they had been informed. The difference in data seems to point out that the next generations citizens seem to think that it´s worse to be a fascist then a racist. It seems that if a political party is seen as racist party the image deters possible voters. Simultaneously the same racism that deter people also gain votes, therefore it could be said that racism has two faces. If you compare racism and fascism it seems like fascism don´t follow the same pattern.

A study of the British Columbia Liberal party during the Laurier period from 1896 to 1911 reveals the political immaturity which still existed in the western Province. By 1896 conviction was still lacking that party politics was the most acceptable method of governing the Province. Although both Liberal and Conservative parties were organizing, the majority of the population were uninterested in importing Eastern political quarrels; they felt that personal rule was superior for British Columbia. In consequence, when Laurier called the Liberal National Convention in 1893, British Columbia sent no delegates. The Liberal organization, founded in the province in 1887, was loathe to show too great interest in a Dominion gathering. Prior to 1896 the representatives sent to Ottawa from British Columbia had all professed to being Conservatives but with Laurier's coming to office four of the six British Columbia members called themselves Liberals. Until 1908 the Liberals sent a majority to the federal House from the western Province. But the 1908 and 1911 elections saw a complete annihilation of the Liberal cause. Within the Province the Liberals fared even less well. Before 1903 the provincial government was organized on the basis of personal factions which eventually resulted in great instability. In 1903 party politics were accepted by Richard McBride, the Conservative leader; from that time the Liberals remained in Opposition. At no time were they able to gain a majority during Laurier's regime and by 1911 they were all but eclipsed, having only one member in the British Columbia legislature. To explain this rather peculiar situation, since the Province had gained a reputation for opportunism, we find that in British Columbia the Liberal party seemed to be plagued by dissension from its inception. At no time, from 1887 to 1911, was there complete unity of purpose within the provincial organization. This quarreling and uncertainty of party philosophy disrupted party ranks and prevented intensive election campaigns which might have won their support. Lack of a clear cut Liberal philosophy in British Columbia also resulted in problems every time that federal appointments were considered. Laurier discovered that it was impossible to make any federal appointment which would satisfy all provincial Liberals. Delays occurred which the British Columbia electorate failed to understand. At the same time, compromise candidates were frequently selected in an attempt to satisfy the majority. British Columbia, it appeared, was not ready to accept the federal principle of working for the good of the whole rather than of the individual Province. This was demonstrated in the attitude adopted by the Liberals in the problem of Asiatic immigration and the demand for Better Terms. British Columbia politicians believed that the provincial position was unique and deserved separate treatment; geographical location and topographical difficulties were among the arguments used to support their claims. Laurier discouraged this attitude, to him, the federal union was of prime consideration. As a result, there was continual controversy between federal and provincial authorities and the cause of Liberalism did not prosper. Towards the end of the term some of the British Columbia Liberals began to understand the meaning of the party system—to accept the party philosophy and fight for it against all odds—but not until 1916 were the Liberals able to form the government. / Arts, Faculty of / History, Department of / Graduate

That leaders are important in Canadian party politics is almost axiomatic: they are the prime electoral resource, the ultimate policy authority and the focus of media attention. Yet little is known of what divides provincial parties when they choose a new master. The politics of provincial leadership conventions lie in uncharted waters. This thesis focuses on provincial parties, exploring support patterns at Maritime leadership conventions. The study draws primarily on data provided by unpublished surveys of delegates to Liberal and Progressive Conservative leadership conventions in the three Maritime provinces. These nine conventions took place between 1971 and 1986 and the delegate survey responses report the behaviour and attitudes of over 3100 party activists. The analysis develops provincial, partisan and secular comparisons. A framework for analysing delegate support patterns is derived from the literature on national conventions and Maritime politics. Application of this framework to the nine conventions reveals a recurring theme. Candidate support is best understood in a 'friends and neighbours' framework. Friends and neighbours refers first, to a non-factional geographic pattern of support. Simply put, delegates tend to support the local candidate, a neighbour. The second element of friends and neighbours support relates to ethno-religious ties. Candidates receive disproportionate support from delegates who are 'friends' in terms of shared religious or ethnic background. Friends and neighbours divisions were more important than attitude, age, gender or differences in social status: they were present throughout the period in each province and both parties. The importance of place and religion/ethnicity provide empirical evidence of Maritime traditionalism. The support patterns would be well understood by 19th century politicians and show no sign of dissipating. Attempts to link these patterns to age or level of education were unsuccessful. Virtually all delegates were influenced by the ties of 'friendship' or 'neighbourhood'. The major exceptions were ex officio delegates. These party professionals acting in a brokerage role were relatively immune from the friends and neighbours pull. By mitigating such divisions, ex officio delegates made substantial contributions to party unity. This thesis reveals a coherent and consistent pattern of intra party divisions in the region. It confirms the strength of traditionalism in the Maritimes and highlights an important manifestation of this traditionalism: ethno religious solidarity undercut by localism and mitigated by brokerage politics. Such findings are in sharp contrast to assertions that Maritime politics is changing. / Arts, Faculty of / Political Science, Department of / Graduate

The research reports on an ethnographic study undertaken at Kingswood, a secondary school in the North West of England, during a period of rapid reform within educational policy-making in England. The research project sets out to offer an empirical account of localised policy-making and a conceptual analysis as to how and why different social actors within and connected to the school are positioned and position-take in response to the schools’ localised development trajectory. In order to do this, the study operationalises Bourdieu’s thinking tools of field, capital and habitus as a means of theorising the complex relationship between structure and agency in the processes of localised policy-making. In order to present a detailed analysis of the positioning and position-taking I develop and deploy the conceptualisation of the neoliberal policy complex. I use this to describe and understand how the political and economic fields of production penetrate localised decision-making in which the connected agendas of performativity and accountability frame much of the localised policy processes at the research site. The neoliberal policy complex is defined by an on-going and increased commitment to legislative interventions, not least through an approach to the modernisation of public service in which autonomy and diversification are hailed as hallmarks for success. Drawing on data collected in a year long embedded study, from interviews and, observations with 18 students, five parents, 21 teachers, and seven school leaders, and documentary analysis, it is argued that within this neoliberal policy complex, the field of power is located as a centralising force in structuring the policy-making development and enactments at the local level. In order to achieve distinction within the schooling field and thus be acknowledged as legitimate within the neoliberal policy complex, Kingswood’s localised development trajectory reveals how the discourses of neoliberalism have been internalised by the social actors within the study, to produce subjective positioning which reveals a commitment to the neoliberal doxa. Within this theorisation certain knowledges, capitals and ways of doing and thinking are privileged and presented as common sense. At Kingswood, the conversion to an academy in April 2012 and the attendant re-organisation of the school provision into a Multi-Academy Trust, which has on site a ‘professional’ and a ‘studio’ school, are presented as a necessary construction for the school’s future, and the employability skills that will be subsequently embedded within the curriculum are framed as a common sense development of the purposes of education. The study concludes that such position-taking ultimately reveals how the centralising and hierarchical notions of power work to produce a narrative of misrecognition with regards to how the school must develop localised policy-making in order to remain a viable and legitimate entity in the schooling field. The research makes a contribution to the field of policy scholarship by applying Bourdieu’s thinking tools to the empirical findings from a range of social actors in and connected to the school in order to construct an understanding of the relationships between power and positionality in localised policy-making in neoliberal times.

Using postmodern techniques and slave perspectives, late 20th century African-American authors Octavia Butler, Sherley Anne Williams, Toni Morrison, and Phyllis Alesia Perry complexify representations of enslaved women in American literature in novels termed “neo-slave narratives”. Revising sentimentalism, exoticization and appropriation, primarily by white authors, these authors emphasize slavery’s negative legacies, memorialization of slave sacrifice and culture, and female strength and agency. Contemporary white authors, wrestling with the traumatic history of slavery and white complicity, emulate neo-slave narrative authors, using communities of women and white empathy with the enslaved female body to join the reevaluation of slavery representations. In what I term “Reparational Literature”, contemporary white authors return to a slave setting to negotiate white guilt, to “repair” wrongs, and to explore modes of cross-racial interaction that recognize privilege. This involves destabilizing the white subject and emphasizing acknowledgement and empathy to resolve problems. Enslaved characters are agents rather than objects or surrogates, and their role in allowing the white women access to their wisdom, recognizing white contrition, and offering forgiveness is crucial to the novel’s resolution. Literature and art are often on the forefront of societal change; Reparational Literature signifies transformation in white consciousness as legal, economic, and symbolic reparations become more widely accepted. Reflecting Foucault’s idea of the body as a site of struggle and Womanist ideas of universalism and connection to the community, these writers present the enslaved female body as the place to remember and repair slavery’s negative impact, a locus for acknowledging and merging the violence of the past and hope for the future. In Valerie Martin’s Property, Sue Monk Kidd’s The Invention of Wings, Tara Conklin’s The House Girl, and Pam Durban’s So Far Back, the white woman who is given access to the symbolic language of the enslaved woman’s natural world, to hear and see the language of her enduring body, frees herself from the artificial influences of slaveholding. These authors continue the long tradition of the black body as a symbol, but I argue that they do so with an awareness of the position of whiteness and appreciation for slave sacrifice and subjectivity. / acase@tulane.edu

The overall purpose guiding this thesis was to assess the possibility of liberal nationalism in Sweden. In order to do that, a descriptive analysis of Swedish citizens attitudes regarding national identity is needed. National identity was assessed as an umbrella term consisting of four separate dimensions: national attachment, national pride, national chauvinism and a normative conception of national identity. The dimensions can be separated empirically and result in different consequences. It’s assumed that older people have stronger feelings about national identity compared to younger. This presumption was tested with a Chi2-test between people below and over 65 years old, acquired from a representative sample of the Swedish people. The main result from this thesis was that overall the Swedish people have a strong attachment to their country, with over 90% feeling close or very close to Sweden. Most are also proud over their citizenship (over 90%), where a strong sense of pride originates from the way democracy works (80%). Attitudes about the normative conception of national identity showed that respect of political institutions and laws, language and culture are seen as important elements of a true Swede. Around 23% had chauvinistic attitudes. The result is however not conclusive since 40% of the respondents chose a non-saying alternative. This requires further investigation, preferably with a qualitive approach. Together with an ethnic conception of Swedishness, chauvinism is the part of national identity that clearly relates negatively to liberal nationalism. In general, no clear differences were found when comparing older with younger. Except for the normative conception of national identity, where a statistic significant difference showed that older have higher demand and also a more ethnic understanding of citizenship. There was also a tendency that older identified more strongly with Sweden, and younger were prouder of how democracy works.