Though there is significant academic interest in the law of religious freedom in Canada, there has been little research into the experiences of participants in religious freedom litigation. Based on a qualitative analysis of participant interviews and legal documents in three decisions of the Supreme Court of Canada, this dissertation explores the social processes at play in that litigation. At issue in the three cases were, respectively, (1) the right of Jewish condominium co-owners to install ritual huts (succoth) on their balconies; (2) the right of a Sikh student to wear a ceremonial dagger (kirpan) in a public high school; and (3) the right of a Hutterite group to be exempted from the photo requirement on driver’s licences for religious reasons. This dissertation adds to the existing academic commentary by looking beyond the judicial decisions and incorporating firsthand accounts of lawyers, litigants, and expert witnesses in these cases. The substantive analysis is divided in three sections. First, the dissertation examines themes of overlapping legal systems in participant narratives. Litigants understood themselves to be subjects of both state and religious laws, and the particular interactions between these legal systems help refine theories of legal pluralism. Second, the work analyzes religious freedom litigation as cross-cultural communication. Specifically, the dissertation employs the normative criteria of respect and self-awareness found in the literature on cross-cultural communication to approach participant narratives and judicial decisions, finding both successes and failures in this regard. Third, the dissertation engages issues of belonging to the Canadian civic community inherent in participant narratives. All litigants told the stories of their litigation as part of their larger immigration and integration narratives, and successful litigants were quick to give positive accounts in this regard. The unsuccessful litigants told more complex stories of integration, complicating the analysis of the impact of a judicial decision on their narratives of civic belonging. Nevertheless, the dissertation argues that the notion of civic belonging ought to be explicitly taken into account by Canadian judgments when dealing with issues of religious freedom.

Though there is significant academic interest in the law of religious freedom in Canada, there has been little research into the experiences of participants in religious freedom litigation. Based on a qualitative analysis of participant interviews and legal documents in three decisions of the Supreme Court of Canada, this dissertation explores the social processes at play in that litigation. At issue in the three cases were, respectively, (1) the right of Jewish condominium co-owners to install ritual huts (succoth) on their balconies; (2) the right of a Sikh student to wear a ceremonial dagger (kirpan) in a public high school; and (3) the right of a Hutterite group to be exempted from the photo requirement on driver’s licences for religious reasons. This dissertation adds to the existing academic commentary by looking beyond the judicial decisions and incorporating firsthand accounts of lawyers, litigants, and expert witnesses in these cases. The substantive analysis is divided in three sections. First, the dissertation examines themes of overlapping legal systems in participant narratives. Litigants understood themselves to be subjects of both state and religious laws, and the particular interactions between these legal systems help refine theories of legal pluralism. Second, the work analyzes religious freedom litigation as cross-cultural communication. Specifically, the dissertation employs the normative criteria of respect and self-awareness found in the literature on cross-cultural communication to approach participant narratives and judicial decisions, finding both successes and failures in this regard. Third, the dissertation engages issues of belonging to the Canadian civic community inherent in participant narratives. All litigants told the stories of their litigation as part of their larger immigration and integration narratives, and successful litigants were quick to give positive accounts in this regard. The unsuccessful litigants told more complex stories of integration, complicating the analysis of the impact of a judicial decision on their narratives of civic belonging. Nevertheless, the dissertation argues that the notion of civic belonging ought to be explicitly taken into account by Canadian judgments when dealing with issues of religious freedom.

This dissertation examines the issue of intercultural understanding. I explore the role played by language in constituting human subjectivity in accordance with the common insights of Ludwig Wittgenstein, Martin Heidegger, and Mikhail Mikhailovich Bakhtin, in order to: (1) affirm the complexity and fragility of the process of building understanding in fight of our immersion in specific cultural-linguistic worldviews; and (2) demonstrate that human beings are ontologically predisposed to achieve understanding, and that this ontological predisposition is enhanced by a constant and inescapable process of crossing "language boundaries" in daily life. I argue that the very manner of human induction into cultural-linguistic worldviews suggests the means by which intercultural understanding might best be fostered: through the bestowal of recognition and the cultivation of dialogical relationships. / I assemble key elements of an assortment of different theories of intercultural understanding in which these techniques are assigned a central role; this exercise generates a Wittgensteinian "perspicuous representation" of the process of crafting intercultural understanding itself, and reveals the unique strengths of two convergent approaches in particular. Both the contemporary reinterpretation of the traditional ideal of intercultural understanding of the Gitxsan and Wet'suwet'en First Nations of northwestern British Columbia, and the recent writings of Charles Taylor on the subject of international human rights standards comprise variations of what I call the "shared horizons" paradigm. The great advantages of this paradigm are its ability to address the distortive effect exercised by power inequalities upon efforts to create intercultural understanding (demonstrated through a case study of the Gitzsan-Wet'suwet'en land claim), and its amenableness to a variety of distinct culture-specific normative justifications. The shared horizons approach does not offer a blueprint for achieving intercultural understanding, but rather, a modest and adaptable set of principles that can serve as the foundation for efforts to work toward the resolution of intercultural disagreements.

Thesis (MEd)--University of South Australia, 1995

Housing renovation is a major activity for many consumers in Australia, and its growing popularity in recent years has been reflected not only by it share in GDP but also by publicity it receives via home exhibitions and numerous TV renovation shows. Despite this, and despite similar experiences in other countries, research on how decisions in this sector are made is still quite sparse, a major restraint being the limitation of secondary data. This thesis attempts to improve knowledge in this area while at the same time exploring the feasibility and benefits of doing applied economic research in a pluralistic manner. From the perspective of mainstream economics, individuals’ decision-making in the context of renovation can be modelled in terms of utility/profit maximization subject to a budget constraint. The literature that has attempted to follow this research strategy is reviewed in Chapter 2, as is research undertaken in sociology that has been partly informed by behavioural economics. The economic literature fails to recognize the possible importance of social influence and psychological factors in this context. This could be unfortunate, as these factors, which are seen as important in some other economic paradigms, may explain how some renovators get derailed from rational decision-making. The methodology of pluralism offers a way to bridge between these divergent arguments by keeping mainstream insights in mind whilst at the same time adopting an ‘open-minded’ rather than ‘autistic’ attitudes towards different paradigms and embracing ‘realistic’ aspects (e.g. limits to individuals’ rational behaviours) rather than assuming them away. Chapter 3 examines the case for pluralism and shows that although debate in economics is often couched in terms of a battle between fundamentally opposed ‘mainstream’ and ‘heterodox’ views, a deeper analysis of sub-paradigms reveals a complex web of partially overlapping core ideas. Once this richer view of schools of thought in economics is recognized, orthodox economics and heterodox economics are not necessarily incompatible but rather seem potentially complementary. Despite renovation being a popular topic in Australia, relevant micro-data regarding individuals’ choices and their social and psychological attitudes towards renovation are in short supply. Therefore, unlike most previous renovation studies using published secondary data, this study involved the collection of primary data by a survey mailed to a sample of Brisbane residents in late 2006 and early 2007. Chapter 4 explains this choice of method, which provided data on respondents’ decision-making regarding renovation, their demographics, and social and psychological factors. This data set was used to analyse the following four topics: individuals’ decision to renovate or not (Chapter 5); renovators’ choice between using their own labour (DIY) or outsourcing the work (Chapter 6); psychographic segments of ‘non-renovators’, ‘DIY-renovators’ and ‘Hire-renovators’ (renovators who outsource the work) (Chapter 7); and factors shaping renovators’ tendencies to engage in overcapitalization and cost escalation in their renovation projects (Chapter 8). The pluralistic philosophy is applied in an addition way to analyse these issues, since the study used a variety of statistical techniques. The empirical results reveal that this dual form of pluralism—involving theoretical inputs from a variety of paradigms (including both ‘old’ and ‘new’ behavioural economics, socio-economics and others) and a variety of analytical techniques (cluster analysis, logistic regression and others)—does indeed widen our understanding of this topic. Generally speaking, the empirical finding stresses the importance of psychological factors in the context of individuals’ decision-making on renovation. In analysing individuals’ decisions to renovate or not, it is shown that, besides conventional factors (such as age of respondents), the psychological factor ‘perceived self-performance in renovation’ is crucial: individuals are more likely to embrace renovation if they perceive highly their ability to handle the renovation process. In exploring renovators’ decisions to engage in do-it-yourself (DIY) or hire others to do the work in their latest renovation projects, besides factors such as the scope of the project and renovators’ capabilities, the psychological factor ‘trust in contractors’ plays an important role: renovators are more likely to choose to use their own labour if they are uncertain about contractors’ reliability while those who outsource renovation works are in general more trusting than those who engage in DIY. The exploratory psychographic analysis of heterogeneous groups within each of the three groups (non-renovators, DIY-renovators and Hire-renovators) indicates the necessity of recognizing the heterogeneity the population when designing policies to improve the efficiency of the renovation market. In the investigation of renovators’ mistakes that lead to overcapitalization and cost escalation, psychological factors did not show their expected strong influences on either of these phenomena. However, it was found that the factors related to the project itself, especially the scope of the project (approximated by ‘time spent on preparation’) and the age of house, influence renovators’ overcapitalized spending and the extent of their cost escalation.

Housing renovation is a major activity for many consumers in Australia, and its growing popularity in recent years has been reflected not only by it share in GDP but also by publicity it receives via home exhibitions and numerous TV renovation shows. Despite this, and despite similar experiences in other countries, research on how decisions in this sector are made is still quite sparse, a major restraint being the limitation of secondary data. This thesis attempts to improve knowledge in this area while at the same time exploring the feasibility and benefits of doing applied economic research in a pluralistic manner. From the perspective of mainstream economics, individuals’ decision-making in the context of renovation can be modelled in terms of utility/profit maximization subject to a budget constraint. The literature that has attempted to follow this research strategy is reviewed in Chapter 2, as is research undertaken in sociology that has been partly informed by behavioural economics. The economic literature fails to recognize the possible importance of social influence and psychological factors in this context. This could be unfortunate, as these factors, which are seen as important in some other economic paradigms, may explain how some renovators get derailed from rational decision-making. The methodology of pluralism offers a way to bridge between these divergent arguments by keeping mainstream insights in mind whilst at the same time adopting an ‘open-minded’ rather than ‘autistic’ attitudes towards different paradigms and embracing ‘realistic’ aspects (e.g. limits to individuals’ rational behaviours) rather than assuming them away. Chapter 3 examines the case for pluralism and shows that although debate in economics is often couched in terms of a battle between fundamentally opposed ‘mainstream’ and ‘heterodox’ views, a deeper analysis of sub-paradigms reveals a complex web of partially overlapping core ideas. Once this richer view of schools of thought in economics is recognized, orthodox economics and heterodox economics are not necessarily incompatible but rather seem potentially complementary. Despite renovation being a popular topic in Australia, relevant micro-data regarding individuals’ choices and their social and psychological attitudes towards renovation are in short supply. Therefore, unlike most previous renovation studies using published secondary data, this study involved the collection of primary data by a survey mailed to a sample of Brisbane residents in late 2006 and early 2007. Chapter 4 explains this choice of method, which provided data on respondents’ decision-making regarding renovation, their demographics, and social and psychological factors. This data set was used to analyse the following four topics: individuals’ decision to renovate or not (Chapter 5); renovators’ choice between using their own labour (DIY) or outsourcing the work (Chapter 6); psychographic segments of ‘non-renovators’, ‘DIY-renovators’ and ‘Hire-renovators’ (renovators who outsource the work) (Chapter 7); and factors shaping renovators’ tendencies to engage in overcapitalization and cost escalation in their renovation projects (Chapter 8). The pluralistic philosophy is applied in an addition way to analyse these issues, since the study used a variety of statistical techniques. The empirical results reveal that this dual form of pluralism—involving theoretical inputs from a variety of paradigms (including both ‘old’ and ‘new’ behavioural economics, socio-economics and others) and a variety of analytical techniques (cluster analysis, logistic regression and others)—does indeed widen our understanding of this topic. Generally speaking, the empirical finding stresses the importance of psychological factors in the context of individuals’ decision-making on renovation. In analysing individuals’ decisions to renovate or not, it is shown that, besides conventional factors (such as age of respondents), the psychological factor ‘perceived self-performance in renovation’ is crucial: individuals are more likely to embrace renovation if they perceive highly their ability to handle the renovation process. In exploring renovators’ decisions to engage in do-it-yourself (DIY) or hire others to do the work in their latest renovation projects, besides factors such as the scope of the project and renovators’ capabilities, the psychological factor ‘trust in contractors’ plays an important role: renovators are more likely to choose to use their own labour if they are uncertain about contractors’ reliability while those who outsource renovation works are in general more trusting than those who engage in DIY. The exploratory psychographic analysis of heterogeneous groups within each of the three groups (non-renovators, DIY-renovators and Hire-renovators) indicates the necessity of recognizing the heterogeneity the population when designing policies to improve the efficiency of the renovation market. In the investigation of renovators’ mistakes that lead to overcapitalization and cost escalation, psychological factors did not show their expected strong influences on either of these phenomena. However, it was found that the factors related to the project itself, especially the scope of the project (approximated by ‘time spent on preparation’) and the age of house, influence renovators’ overcapitalized spending and the extent of their cost escalation.

Thesis (Ph.D.)--University of Adelaide, Dept. of Anthropology, 2001. / Includes bibliographical references (leaves 259-270).

Project (D. Min.)--Trinity Evangelical Divinity School, 1990. / Abstract. Includes bibliographical references (leaves 184-190).

Thesis (doctoral)--Tübingen. / Includes bibliographical references (p. 307-316).

Thesis (Ph.D.) - Carleton University, 2003. / Includes bibliographical references (p. 534-560). Also available in electronic format on the Internet.