Thèse de doctorat : Psychologie : Rennes 2 : 2006. / Bibliogr. f. 129-142. Annexes.

published_or_final_version / Sociology / Master / Master of Social Sciences

No description available.

This research explores the changing role of the private sector in provincial prison infrastructure expansion in Ontario. After contracting out the operations of a new prison and facing much resistance, the provincial government began delivering prisons by maintaining public operations but financing them privately through public-private partnerships. To understand the political and economic impacts of these changes, I analyzed relevant government documents and interviews I conducted with 15 key informants from government agencies, firms and other organizations involved in creating, implementing and resisting prison expansion policies between 1995 and today. I show how changes in infrastructure governance were shaped by contestation between the state, international financial investors, private firms in Canada, labour and others involved in prison systems. Through public-private partnerships, the role of government shifted towards that of market facilitator, and as infrastructure was placed on global debt markets, international financial capital played a new part in prison development.

From 1999 until 2008 I worked with offenders making plays at Westville Medium B Correction Centre, using collective techniques to address social issues and involve the audience in debates. This work was inspired by the Southern African Theatre for Development of the 1980s. During 2002 and 2003 the offenders created and performed the two plays which form the case studies for this research. Isikhathi Sewashi (The Time of the Watch), presents their experiences of growing up under apartheid, political faction fighting, and crime and asks the audience to generate solutions to crime. Lisekhon’ Ithemba (There is Still Hope) addresses the prejudice of the correctional staff and offenders towards those living with HIV/AIDS. Offenders were involved in the research process and conducted group interviews with 110 members of the audience. I conducted interviews with 21 performers and used classical Grounded Theory to analyse the interviews. The theory that emerged demonstrates how the offenders, performers and audience used theatre to negotiate social relations. The plays negotiated the stereotyping of offenders, managed conflict, and increased care for offenders who were ill. Offenders also used the plays to negotiate power relations involving the correctional system and the numbers gangs. Collective play-making techniques allowed western and African aesthetics to combine. The aesthetics of Epic Theatre and Theatre of the Oppressed combined with those of isiZulu popular performance. The theories of Freire (1996:64), Brecht (in Willet 1964: 57) and Boal (1979:xix–xxi) had the intention of promoting actions and change of a social and political nature. Both Soyinka (1976: 51) and Kamlongera (n.d. 18-26) argue that theatre that engages an African worldview has its roots in social functions involving man and his environment. The offenders’ identification with characters and situations, their feelings of regret and self-pity, drove their critical engagement with the plays. They then formulated solutions and took action to effect change. Some of their actions challenged the authority of the correctional system and the numbers gang. The binary formulation of Aristotelian and non-Aristotelian theatre in the work of Brecht (in Willet 1964: 281) and Boal (2000: xix –xxi) is contradicted in this case study. Elements from both forms co-exist here. The audience’s responses to the plays reflect what Freire (1996:33) refers to as domesticating oppression but also demonstrate praxis which emerges as forms of resistance, and self-creation. The offenders’ potential to effect change in the correction centre, however, remains limited. My findings address current debates in the field of Prison Theatre (Thompson 1998:11 and Balfour 2004: 1-18) about the potential for theatre to effect change beyond offending behaviour and to include systemic change within the correctional system. Collective play-making provides offenders with a voice in the correction centre. The power of collective play-making is that cultural production remains in the hands of offenders and becomes a means through which they can expresses their concerns and sense of reality. Further research around collective play-making in other contexts and involving communities with different cultural resources is needed to validate the emergent theory presented here or to arrive at further reformulations. / Thesis (Ph.D.)-University of KwaZulu-Natal, Durban, 2009.

This research explores the changing role of the private sector in provincial prison infrastructure expansion in Ontario. After contracting out the operations of a new prison and facing much resistance, the provincial government began delivering prisons by maintaining public operations but financing them privately through public-private partnerships. To understand the political and economic impacts of these changes, I analyzed relevant government documents and interviews I conducted with 15 key informants from government agencies, firms and other organizations involved in creating, implementing and resisting prison expansion policies between 1995 and today. I show how changes in infrastructure governance were shaped by contestation between the state, international financial investors, private firms in Canada, labour and others involved in prison systems. Through public-private partnerships, the role of government shifted towards that of market facilitator, and as infrastructure was placed on global debt markets, international financial capital played a new part in prison development.

This project explores the challenges of managing in times of organisational stress. The New Zealand department of corrections is facing multiple pressures which are only set to increase including: financial strictures as government funding is being highly scrutinised, greater demand as inmate numbers increase, and reduced capabilities as many staff lack experience. A grounded theory in a case study setting (three prisons in Christchurch, New Zealand) was undertaken utilising repertory grid and semi-structured interviews to explore the ways in which managers cope during times of such stress. A total of 11 interviews were conducted. In the case, I considered what differentiates effective managers from those who appear less able to cope. It was found that effective managers are those who are able to build trust and respect with their constituents. When staff trust and respect their managers it is because they feel valued and perceive their manager to be on their side; they are then willing to reciprocate. Positive regard, demonstrations of support, and leading by example were found to be key factors leading to being perceived as being on the staff’s side. The links between trust, respect and performance along with the valuation of staff wellbeing were examined.

The Indiana institutions are bursting at the seams. It has become necessary for local communities to keep nonviolent offenders in county jails or place them on probation. Correctional caseworkers are responsible for providing counseling to a significant number of juvenile and adult offenders; therefore, it is necessary that counselors in the criminal justice system examine any significant interpersonal behavior patterns of offenders.The purpose of the research was to identify the unique interpersonal needs behavior pattern of inmates incarcerated in an adult detention center and the ways in which these needs change from the point of initial incarceration. The ways in which the interpersonal needs of inmates deviate from and are similar to those of the general population also were identified. William C. Schutz's Fundamental Interpersonal Relations orientation--Behavior, was the testing instrument used for pre and post-testing of inmates.Chapter One justifies the study and previews the need for a study of this nature. Chapter Two is a review of existing literature which explores both advocates and detractors of Schutz's FIRO-B theory. Chapter Three discusses the method, subjects, testing site, testing procedures and testing instrument used in this research. Chapter Four incorporates results of the tests and discusses the inmate profiles developed through this research. Chapter Five summarizes the research, discusses possible Programs to be utilized by criminal justice practitioners, and makes recommendations for future research and application of FIRO-B. / Department of Speech Communication

Intellectual property protection (IPP) attained its importance in recent years because of the steady increase of intellectual property-endowed goods and technology in global trade. Technology producers, among them multilateral pharmaceutical companies (MPCs) felt that the Paris Convention (the Convention) was not adequate in dealing with trade related issues, and that an agreement was needed to integrate the subject of IPP; especially patent protection for pharmaceuticals, into the broader context of global trade law. The Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement) concluded in the Uruguay Round in 1994 brought IPP into the global trading system. The patent system contained in the Agreement reflects to a large extent MPCs' proposal for a strengthened patent system which paves the way to ensure market access and equal competition opportunity in their endeavour to expand global operation. The objective of the global trading system is to liberalise trade, achieved by securing commitments of market access and equal competition opportunity through the application of the principles of most-favoured-nation treatment, national treatment and reciprocity, reinforced by domestic competition policy to ensure efficient functioning of markets.However, in regard to patent protection for pharmaceuticals, the exercise of the exclusive marketing rights conferred by patent protection has trade restricting effect because competition is excluded during the patent term. This trade restricting effect does not compliment the objective of the global trading system nor promote competition. But the TRIPS Agreement does not cover a negotiated result on securing the recognition in domestic competition policy of the exclusive marketing rights conferred by patent protection, especially when domestic competition policy is designed to compliment microeconomic policy such as health care cost control. The implementation of international exhaustion to allow parallel importation of patented products during the term of patent is an example in point. It is an issue the TRIPS Agreement does not address and is excluded from the World Trade Organisation (WTO) dispute settlement mechanism. It is a legal issue because the disparity among national competition policy will cause trade distortions. It is political because the issue touches upon nations' regulatory autonomy in designing their competition policy to compliment other government policies. It also has economic implications in that countries might wish to rely on parallel importation as a mechanism to bring down prices of patent products. A complex issue as such requires- a multilateral solution enshrined in a legally binding agreement. In the absence of such an agreement, patent system under the TRIPS Agreement will be inadequate and ineffective because it will become inoperable and nations will incline to retrieve to unilateral actions for the resolution of grievances.

This thesis is about establishing a balance between universal human rights and particular cultures or local conditions. It examines the universality debate with reference to the "margin of appreciation" in the jurisprudence of the European Court of Human Rights, in particular from the end of the Cold Wax when new Contracting Parties from central and eastern Europe came under the Court's jurisdiction.The thesis considers that analysis of these issues must not be parochial. In Part One the universality debate in international human rights law is therefore examined in detail. It is argued that universal human rights do not require absolute uniformity in their protection - even universal human rights are necessarily and defensibly qualified. In order to link the margin of appreciation to this universality debate its evolution, operation and the factors which underpin it are also clarified in Part Two. It is demonstrated that the margin of appreciation has evolved from a concession to states into a methodology for demanding ever greater justifications for their limitations upon human rights. In doing so the margin permitted accords with the defensible level of local qualification to human rights already identified.Part Three tests these conclusions against original analysis of recent case law, showing that the Court has been responsive to the differing needs of the new Contracting Parties. The Court had evolved a coherent and defensible approach to cases that have raised complex localised issues, and has maintained this even since its jurisdiction expanded. Whilst allowing modulation of European human rights protection according to local characteristics, use of the margin of appreciation does not amount to cultural relativism even in the expanded Council of Europe.