<p>The history of prison reform after 1994 was shaped by the relationship between governance and human rights standards / the requirements for both are set out in the Constitution and elaborated on in the Correctional Services Act. Good governance and human rights converge in five dimensions of a constitutional democracy: legitimacy, transparency, accountability, the rule&nbsp / of law / and resource utilisation. The new constitutional order established a set of governance and rights requirements for the prison system demanding fundamental reform. It de-legitimised the existing prison system and thus placed it in a crisis. This required its reinvention to establish a system compatible with constitutional demands. The thesis investigates whether&nbsp / constitutionalism provided the necessary transformative basis for prison reform in South Africa after 1994. The Department of Correctional Services (DCS) senior management failed to&nbsp / anticipate this in the period 1990 to 1994. In the five years after 1994 senior management equally failed to initiate a fundamental reform process. This lack of vision, as well as a number of external factors relating to the state of the public service in the period 1994 to 2000, gave rise to a second crisis: the collapse of order and discipline in the DCS. By the late 1990s the state had lost control of the DCS and its internal workings can be described as a mess &ndash / a highly interactive set of problems in causal relationships. In many regards the problems beleaguering the prison system were created in the period 1994 &ndash / 1999. The leadership at the time did not recognize that the prison system was in crisis or that the crisis presented an opportunity for&nbsp / fundamental reform. The new democratic order demanded constitutional and political imagination, but this failed to materialise. Consequently, the role and function of imprisonment within the&nbsp / criminal justice system has remained fundamentally unchanged and there has not been a critical re-examination of its purpose, save that the criminal justice system has become more punitive. Several investigations (1998-2006) into the DCS found widespread corruption and rights violations. Organised labour understood transformation primarily as the racial transformation of the staff corps and embarked on an organised campaign to seize control of management and key positions. This introduced a culture of lawlessness, enabling widespread corruption. w leadership by 2001 and facing pressure from the national government, the DCS responded to the situation by focusing on corruption and on regaining control of the Department. A number of&nbsp / gains have been made since then, especially after 2004. Regaining control of the Department focused on addressing systemic weaknesses, enforcing the disciplinary code and defining a&nbsp / new employer-employee relationship. This has been a slow process with notable setbacks, but it continues to form part of the Department&rsquo / s strategic direction. It is concluded that the DCS&nbsp / has engaged with and developed a deeper understanding of its constitutional obligations insofar as they pertain to governance requirements in the Constitution. However, compliance with&nbsp / human rights standards had not received the same attention and areas of substantial non-compliance remain in violation of the Constitution and subordinate legislation. Overcrowding,&nbsp / violations of personal safety, poor services and/or lack of access to services persist. Despite the detailed rights standards set out in the Correctional Services Act, there is little to indicate that&nbsp / legislative compliance is an overt focus for the DCS. While meeting the minimum standards of humane detention, as required by the Constitution, should have been the strategic focus of the&nbsp / DCS in relation to the prison population, the 2004 White&nbsp / Paper defines &ldquo / offender rehabilitation&rdquo / as the core business of the DCS. In many regards the DCS has assigned more prominence&nbsp / and weight to the White Paper than to its obligations under the Correctional Services Act. In an attempt to legitimise the prison system, the DCS defined for itself a goal that is required neither&nbsp / by the Constitution nor the Correctional&nbsp / Services Act. Compliance with the minimum standards of humane detention must be regarded as a prerequisite for successful interventions to reduce&nbsp / future criminality. After&nbsp / seven years, delivery results on the rehabilitation objective have been minimal and not objectively measurable. The noble and over-ambitious focus on rehabilitation at&nbsp / policy level distracted the DCS from its primary constitutional obligation, namely to ensure safe and humane custody under conditions of human dignity Throughout the period (1994 to 2012)&nbsp / the DCS has been suspicious if not dismissive of advice, guidance and at times orders (including court orders) offered or given by external&nbsp / stakeholders. Its relationship with civil society&nbsp / &nbsp / &nbsp / &nbsp / organisations remain strained and there is no formal structure for interaction. Since 2004 Parliament has reasserted its authority over the DCS, not hesitating to criticise poor decisions and&nbsp / sub-standard performance. Civil society organisations have increasingly used Parliament as a platform for raising concerns about prison reform. Litigation by civil society and prisoners has&nbsp / also been used on a growing scale&nbsp / to ensure legislative compliance. It is concluded that prison reform efforts needs to refocus on he rights requirements set out in the Correctional Services&nbsp / Act and approach this task in an inclusive, transparent and accountable manner.&nbsp / &nbsp / </p>

Privatization, and particularly privatization of services, is a worldwide trend that has grown tremendously over the past 25 years. This growth has been particularly pronounced in developing countries in recent years. Prison services is one of many sectors that has contracted with the private sector, however, until South Africa outsourced the design, construction, finance, and operation of two maximum security prisons to the private sector for a period of 25 years, private prison companies were only involved in some developed countries. Many argue that the sector's involvement in South Africa signals its intention to expand throughout the developing world, and undoubtedly, South Africa's experience will be influential in the future growth of this sector in such countries. This paper aims to explore the experience of South Africa's public-private partnership (PPP) prisons thus far, within a context of international and domestic service privatization, in order to identify key trends and issues which may be relevant to future private sector involvement in prisons and other service sectors. Research was conducted qualitatively, with a total of 12 interviews carried out telephonically and in person. Respondents included members of the government, PPP prison administrations, and members of civil society in order to gain as wide a perspective as possible. An extensive review of the literature, as well as relevant government sources, was also undertaken. While these prisons have certainly brought benefits to South Africa's correctional service, a number of key concerns about private sector involvement in service provision were identified through this research. Firstly, the whole experience, starting with the initial decision, has lacked transparency and debate. Although contracting with the private sector was supposed to lead to increased efficiency and reduced cost, the prisons have, in fact, led to unexpected high costs and risks for the DCS. Furthermore, private sector involvement has led to a tiering of prison services, with PPP prison services generally much better than the public sector. Finally, the research indicates that there are serious questions to be raised about the effectiveness of the regulation of this sector and whether PPP prison companies are truly being held accountable by government. / Thesis (M.Dev.Studies)-University of KwaZulu-Natal, Durban, 2005.

The purpose of this study is to examine and evaluate the development of prisoner of war administration in the United States. No full account of this phase of World War II history exists. This study is an attempt to fill that gap.When the United States officially entered World War II in December, 1941 the War Department plans for handling prisoners of war had not anticipated the transfer of thousands of war prisoners to the United States. Consequently, when War Department officials decided on this move in 1942, no detailed policies existed. Agreements resulting from the projected African campaign called for transfer of an undetermined number of German and Italian prisoners to the United States for internment. Prisoners began arriving in large numbers after May, 1943. Ultimately some 375,000 German soldiers were interned in a total of 155 base camps and 511 branch camps. The Geneva Convention of 1929, untested in war, along with post-World War I Army Regulations, provided the War Department with some guidelines, if only in theory and principle, upon which to formulate a prisoner of war program. The lack of precedents and experience in handling prisoners in this country was reflected both in the administrative and operational organization of the War Department and in its initial regulations. The Office of Provost Marshal General, which was responsible for policy formulation and operation of the prisoner of war program, underwent several reorganizations as its tasks became more complex and diffuse. Other agencies, in particular the Army Service Forces, also were restructured in an effort to promote greater operational and administrative efficiency. In this respect the War Department faced a serious shortage of qualified personnel who were experienced in prisoner of war administration. As a partial consequence, numerous camp administrative and guard personnel proved to be incompetent or completely unsuited for such work. The situation was particularly serious at the start of the prisoner of war program. Lack of adequate training further hampered efficient administration. Also, the multifariousness of early regulations along with the absence of any coordinated filing system caused much confusion in camp administration. Eventually an orderly manual was developed.Initial regulations prepared for the prisoner of war program were both general and vague. Matters of security were of primary concern. As fears of sabotage proved groundless the War Department adopted a more flexible and practical policy. A growing manpower shortage contributed to the extension of that policy as public officials and private individuals urged that prisoners of war relieve the labor shortage through their employment in agricultural and forest work. Although the War Department feared that escaped prisoners would present a security problem, such fears proved groundless.A far more serious problem resulted from efforts of Nazi elements in the camps to control inner camp government. Although War Department officials made concerted attempts to identify and segregate those prisoners believed to be promoting Nazism, their efforts were hampered by uncooperative camp administrators and by conflicting and uncoordinated policies. Nevertheless, a fairly effective segregation program was implemented. Disciplinary measures in the form of courts-martial and an administrative policy of "no work, no eat," helped control disturbances among the prisoners, whether these stemmed from Nazi influence or other causes.The War Department's failure to fully inform the public of the prisoner of war policies, along with news reports describing Nazi influence in the camps and good treatment of war prisoners, led to chargesthat it was "coddling" its prisoners. The resultant Congressional investigations exonerated the War Department and supported on legal and humanitarian grounds the good treatment accorded the German prisoners of war. In this respect the War Department adhered to the Geneva Convention with unusual perserverance. This policy paid dividends both in the reciprocal treatment accorded American prisoners in German hands and in its psychological and morale impact on the German Wehrmacht fighting in Europe.In general, morale in the prisoner of war camps remained high and was sustained through a variety of recreational and work activities. In this matter the Red Cross and YMCA provided much needed assistance. Other personal needs and requirements were attended to by representatives of the Swiss Legation, which served in the capacity of Protecting Power. A secret re-education program was implemented in early 1945.With the end of the war, agricultural and other interests exerted strong pressures in an effort to retain prisoners needed for agricultural labor. Other groups urged their immediate repatriation. Although the process of repatriation began in earnest in the fall of 1945, the need for manpower caused some delay in the completion of that process. The last large contingent of prisoners left the United States in July, 1946. Many of these prisoners were not directly repatriated but served instead as forced labor in reconstruction work in Allied countries in Europe.The American experience with German prisoners of war in this country was unique in modern American history. For this reason administrative policy had to evolve as the situation warranted. While the War Department may be justly criticized with regard to some personnel and policy matters, the overall program must be commended.

This study engages in a conceptual analysis of human rights in Islam and international law, and the application of this analytical discourse to explore the nature of women's human rights in the Islamic tradition. It has been argued that women's human rights in Islam are not entirely irreconcilable with current formulations of international human rights instruments emanating from the United Nations. The basic premise of the argument stems from a recognition that the Islamic legal tradition is not a monolithic entity. On the basis of its main sources, namely the Quran, Hadith, Ijma and Qiyas, Islamic law lends itself to a variety of interpretations that have far reaching implications for women's human rights in Islam. (Part I)A further factor raised in this study is the disparity between the theoretical perspectives on women's human rights, and, its application to Muslim jurisdictions determined by elements of cultural practices, socio-economic realities and political expediencies on the part of governments. The present study uses the example of Pakistan to demonstrate the divergence between theory and practice of Islamic law in these jurisdictions. The concept of what has been termed an emerging 'operative' Islamic law, consisting of a combination of elements including principles of Islamic law, secular codes of law and popular custom and usage has also been introduced. (Part II)Part III of the thesis is devoted to an evaluation of the development of the international norm of non-discrimination on the basis of sex and some 'Islamic' human rights documents affecting women's human rights. The analysis provides an insight into the response of Muslim States to international human rights instruments affecting women through a discussion in the light of reservations to the Women's Convention. The study concludes by posing the question whether a move towards convergence between international and Islamic schemes of women's human rights is discernible or not.

This Thesis will consider the development of the traditional bill of lading from its origins, which appear to be much older than previously considered, up to the present day. The development of the bill of lading will be examined in order to answer basic questions: what is a traditional bill of lading, and what functions does it perform. In Part I of the Thesis the development of the three main functions of the traditional bill will be considered, namely receipt, contract, document of title. It will conclude with observations on the nature of the traditional bill of lading and how it differs from the early form of the bill of lading. Part II of the Thesis will then consider the development and nature of related shipping documents (charterparty bills, received for shipment bills, non-transferable bills), how far these documents perform the functions of the traditional bill of lading, and whether they can be truly described as bills of lading. Part II will then go on to consider the development and nature of electronic bills of lading and assess how well such bills perform the functions of the traditional bill of lading. The Thesis will conclude that although most of the functions of the traditional bill are in effect performed by electronic bills, electronic bills are in fact a new type of bill of lading and not merely a traditional bill in an electronic format. Conclusions will then be drawn as to what effect the development of new types of bill of lading will have on the future of the traditional bill of lading in the maritime industry.

This study focuses on the probation service and the changes that are impacting on this part of the criminal justice system. It develops a theoretically distinctive approach, drawing on the literature of gender and organisations, in order to investigate issues relating to the organisational structures and processes experienced by male and female probation officers in three disparate probation areas in England. The opening two chapters examine the development of the organisation in terms of the hierarchical roles within the service and the gendered distribution of probation officer staff across the various grades. This review provides a unique understanding of the changing composition of the probation service and enables a gendered perspective to be applied to its history. Within this context issues of professional identity and autonomy, the value base and working practices of probation officers, and the shift from local to centralised control are scrutinised from an analytic position which identifies the embeddedness of gender within this organisational setting. The framework of a reflexive approach interweaves gendered issues from the quantitative findings with qualitative responses from interviews with male and female probation officers and participant observation within different working environments. New perspectives are gained on the shift from local to Home Office direction of the service, and into the abandonment of the social work qualification and ethos. Moreover, the complexities of working relationships and professional identities are opened up from a gendered viewpoint. In this respect the study addresses the absence of gender within other research in this area and concludes that a gendered analysis is of critical importance in understanding the extent of organisational change within the probation service.

This thesis is an empirical examination of the articulation of comic offence and the practices of comic censure as conducted in media discourse. Making complaints about comic discourse is a risky endeavour. The joker can retort that it was `just a joke' or can charge the complainer with lacking a sense of humour and libels can fail and be very costly. The main focus is on the discursive strategies and practices used when claiming that comedy has caused offence. This is an under-researched area in humour studies. The ambivalence involved in negotiations between ethical and comic discourse is a central tenet of the thesis. Two main avenuesf or expressing comic offence are used in the thesis: letters of complaint written to the editor of comic discourse and charges of offensive comedy made through the law of defamation. The thesis adopts an eclectic approach to data collection and analysis. The research draws on different data sources: letters pages and readers' letters printed in the satirical magazine Private Eye, newspaper articles reporting on libel cases brought against Private Eye and interviews with editors, journalists, cartoonists and libel lawyers working for Private Eye. Content analytic techniques are used when analysing the readers' letters to provide a clear overview of the general pattern of complaint involved and the common consequences of such complaint. Composition analysis is used to assess how the editor of Private Eye constructs the letters page. Here I explore the strategies employed by the editor when defendingc criticisms that offence has been causeda nd assessh ow the editor discursively treats the offended reader. To examine in closer detail the characteristic ways in which reader's structure their expression of grievance, I then employ more qualitative modes of analysis: linguistic discourse analysis and symbolic cultural analysis. Attention then shifts to the second main avenue for expressing comic offence: the law of defamation. I conduct a quantitative content analysis of Private Eye's libel litigation history to provide an overview of the types of individual who utilise the law of defamation and the bases on which reputations are damaged. Textual analysis is used to assessh ow newspapersre port libel casesb rought against Private Eye in order to explore the press' role in the debate of comic offence and comic censure. In my conclusion I discuss what the thesis suggests about the ethical considerations of humour and comedy and I highlight the importance of the thesis for humour studies. The thesis finishes with some recommendations for future research.

Thesis (M.A.)--Lancaster Bible College, 2005. / Abstract. Includes bibliographical references (leaves 65-68).

Thesis (M.A.)--University of Adelaide, Dept. of History, 1964. / Typewritten. Includes bibliography.

Thesis (Ph.D.)--University of Western Sydney, 2008. / A thesis presented to the University of Western Sydney, College of Health and Science, School of Natural Sciences, in fulfilment of the requirements for the degree of Doctor of Philosophy. Includes bibliographies.