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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
1

Study of the evolution of legislation on offences relating to religion in British India and their implications in contemporary Pakistan

Nazir, Farhana Anthony January 2014 (has links)
The offence of blasphemy and its implications is one of the critical issues in Pakistan today. This research examines the historical setting and gradual amendment of blasphemy laws and their impact on religious communities in Pakistan. The law of blasphemy belongs to two historical periods. First, the era when the country was under military rule by the British during the colonial period: they originally framed Chapter XV of Offences Relating to Religion of the Indian Penal Code (IPC) in 1860. Secondly, its application in an independent subcontinent gradually moved from its original intention in Pakistan after 1947. In 1980s Pakistan, both the intentions of this law and its penalties were significantly altered, becoming the law which people now known as the law of blasphemy. Since the law was amended, it has made people in all religious communities, particularly minorities, critically vulnerable to malicious or unfounded accusation and has been interpreted and applied to varying effects. This historical review shows how Pakistan, though claiming to be secular and to protect all religions and communities, has actually become an exclusively Islamic country. Amending Chapter XV of Offences Relating to Religion was one of the important steps to Islamise Pakistan. This research considers a range of legal, political and constitutional questions concerning the law of blasphemy and religious communities both in pre and post-colonial periods, exploring how the law and religious communities have been and are affected by politics and legislation. In so doing, it will appraise politically significant religious laws, values and activities.
2

The influence of the native territories penal code on South African criminal law

Koyana, Digby Sqhelo 18 February 2015 (has links)
The Native Territories Penal Code (NTPC) was passed by the Parliament of the Cape of Good Hope in 1886. It was part of the administrative machinery of the Cape colonial authorities for the Xhosa speaking people who occupied the area between the Great Kei and the Mtamvuna Rivers. However, it became the criminal code applicable to all people living in the Transkeian Territories regardless of race or colour. The Code was enacted ■following the recommendations of the Cape Government Commission on Native Laws and Customs (1883). Quite unexpectedly this Code exerted a great deal of influence on South African criminal law especially after union was formed in 1910. This was because the code was a document readily available to judges and magistrates in South Africa, and when a difficult question of law arose it was all very easy to say that the South Africa law on the point was as laid down in a particular section of the Code. In this way the Code also assisted in the importation of English law into South African lav;. Text book writers like Gardiner and Lansdown also contributed to the influence of the NTPC on South African criminal law. As time went on, however, South African jurists saw the mistake of the NTPC being recorded as a correct reflection of South African law in particular areas and set out to correct the position. Prominent among these are De Wet & Swanepoel and P.M.A. Hunt. They achieved a great measure of success in watering down the influence of NTPC on South Africa law , although it cannot be said that they eradicated it. So strong was Che influence of this Code that it was felt even as far away as Rhodesia and Bechuanaland (as they then w e r e ). / Criminology and Security Science / D.LI. (Criminology)
3

Vývojová stadia trestné činnosti v pojetí trestního zákoníku a Model Penal Code / Stages of the Commission of Crime under the Czech Penal Code and the Model Penal Code

Maternová, Tereza January 2014 (has links)
The master's thesis provides a rare insight into the issue of stages of the commission of crime from the perspective of two different legal systems through a comparison of the 40/2009 Coll., Penal Code's and the Model Penal Code's provision on criminal attempt in all its major aspects. The purpose of such comparison is to identify the most important differences between the two approaches, to assess the quality of the Czech Penal Code's arrangement and to consider any de lege ferenda suggestions arising for the Czech Penal Code from the detected distinctions. Such is provided through a thorough analysis of the Czech relevant legal framework, an analysis of the major relevant aspects of the Model Penal Code and a following scrutiny of the differences discovered. Powered by TCPDF (www.tcpdf.org)
4

The influence of the native territories penal code on South African criminal law

Koyana, Digby Sqhelo 18 February 2015 (has links)
The Native Territories Penal Code (NTPC) was passed by the Parliament of the Cape of Good Hope in 1886. It was part of the administrative machinery of the Cape colonial authorities for the Xhosa speaking people who occupied the area between the Great Kei and the Mtamvuna Rivers. However, it became the criminal code applicable to all people living in the Transkeian Territories regardless of race or colour. The Code was enacted ■following the recommendations of the Cape Government Commission on Native Laws and Customs (1883). Quite unexpectedly this Code exerted a great deal of influence on South African criminal law especially after union was formed in 1910. This was because the code was a document readily available to judges and magistrates in South Africa, and when a difficult question of law arose it was all very easy to say that the South Africa law on the point was as laid down in a particular section of the Code. In this way the Code also assisted in the importation of English law into South African lav;. Text book writers like Gardiner and Lansdown also contributed to the influence of the NTPC on South African criminal law. As time went on, however, South African jurists saw the mistake of the NTPC being recorded as a correct reflection of South African law in particular areas and set out to correct the position. Prominent among these are De Wet & Swanepoel and P.M.A. Hunt. They achieved a great measure of success in watering down the influence of NTPC on South Africa law , although it cannot be said that they eradicated it. So strong was Che influence of this Code that it was felt even as far away as Rhodesia and Bechuanaland (as they then w e r e ). / Criminology and Security Science / LL. D. (Criminology)
5

Right to be and act Queer? : A descriptive analysis of how Indian LGBTQI activists framed Section 377 of the Indian Penal Code in order to challenge it, preceding the 2018 Indian Supreme Court verdict to overrule the law

Sjöde, Linn January 2019 (has links)
This study aims to contribute to the under-researched area of LGBTQI activism in the ‘Global South’ by performing a case study of LGBTQI activism in India, a country that provides an intriguing setting in which a wide range of sexual expressions has developed over time with attitudes towards them varying alongside. Same-sex activities have since the 1860s been considered a penal offence under Section 377 of the Indian Penal Code but in September 2018, the Indian Supreme Court overruled the law and decriminalized same-sex conduct. Within this context, frame analysis has been applied to six petitions by LGBTQI activists, filed to the Indian Supreme Court between 2016 and 2018, to unveil how Section 377 was framed by these activists. Results from the study show that Section 377 of the Indian Penal Code was framed as intrinsically discriminatory, being violative of constitutional as well as human rights, together with an emphasis on how the law relegates the LGBTQI community to second-class citizenship. Within the dominant framing of the law as discriminatory, the activists engaged in highlighting the imposition of Victorian morals by the British as the origin of the issue, along with factors that have enabled the perseverance of the issue, including the phrasing of the law and court failure to adapt to societal and international change. The subsequent consequences of the law were portrayed as stigmatization and personal losses for members of the LGBTQI community, as well as a negative impact on the state economy. By emphasising such aspects of the law, the activists advocated for the Indian Supreme Court to the overrule Section 377.
6

Safeguarding the right to freedom from torture in Cameroon

Weregwe, Christopher Mba January 2012 (has links)
Magister Legum - LLM / The international community saw the need to completely eradicate the use of torture and, as a result, adopted the 1984 Convention against Torture. The Convention obliges states to take effective legislative, judicial, and administrative and any other measures necessary to prevent acts of torture and other forms of ill-treatment within their jurisdictions. Cameroon, following the preamble of its Constitution, which prohibits torture in all its form, ratified the Convention in 1986 and other international treaties that deal with the prohibition of the use of torture. According to article 45 of the Constitution, duly ratified international treaties and conventions enter into force following their publication into the national territory. Cameroon has amended its Constitution and incorporated intoits domestic laws, provisions which prohibit the use of torture and other forms of ill-treatment. It goes further to prescribe appropriate penalties for public officials and other persons working in official capacity, who subject detainees and prison inmates to torture and other forms of ill-treatment.Despite all these instruments and mechanisms put in place to prevent and eradicate the use of torture and other forms of ill-treatment, this heinous crime continues to be widespread and is practiced systematically in almost all regions in the country and with impunity. This study will analyse whether Cameroon has put in place adequate constitutional and legal framework and mechanisms to guarantee the right to freedom from torture and other forms of ill-treatment for persons deprived of their liberty.
7

L'organisation de la justice pénale en Afrique occidentale française : le cas du Sénégal de 1887 à l'aube des indépendances (1887-1960) / The organisation of the criminal justice in French West Africa : the case of Senegal of 1887 at the dawn of independances (1887-1960)

Mbodj, Hamady Hamidou 10 July 2017 (has links)
La période allant de 1887 aux indépendances (1960) permet d’aborder la question de la justice en Afrique occidentale française en mettant en évidence la transformation des règles et de l’exercice de la justice, ainsi que la rencontre entre le système occidental et le pluralisme juridique local. Au Sénégal, comme dans les autres territoires de l’Afrique occidentale française, l’évolution juridique et judiciaire révèle l’opposition de deux tendances : celle de l’assimilation et celle de l’adaptation. Dans le cadre de cette confrontation, des juridictions non connues en métropole sont créées dans les colonies afin de remédier à l’insuffisance de personnel et des moyens financiers des juridictions. Pour ces mêmes raisons, la collégialité demeure très rare et la justice est souvent organisée autour d’un seul juge qui prend en charge la poursuite, l’instruction et le jugement. L’organisation de la justice pénale indigène, mise en place en 1903, répond avec pragmatisme à la volonté de maintenir les institutions indigènes. Toutefois, le désir d’assimilation conduit à y réaliser des réformes qui tendent à affaiblir les institutions indigènes. / The period going from 1887 to the independences (1960) allows us to approach the question of the justice in French West Africa by highlighting the transformation of rules and the exercise of the justice, as well as the meeting between the Western system and the local legal pluralism. In Senegal as in the other territories of the French West Africa, the legal and judicial evolution reveals the opposition between two trends: that of the assimilation and that of the adaptation. Within the framework of this confrontation, jurisdictions that are unknown in the mainland France are created in the colonies in order to remedy with the lack of staff and with the financial means of the jurisdictions. For these same reasons the collegiality remains very rare and the justice is often organized around only one judge who is in charge of the pursuit, the investigation and the judgement. The organisation of the native penal justice set up in 1903, practically meets with the will of keeping the native institutions. However, the desire of assimilation leads to achieve around it reforms which tend to weaken the native institutions.
8

Vývoj kodifikace trestního práva hmotného na území českých zemí na vybraných trestných činech / The development of criminal law codification in Czech lands in the area of chosen criminal offences

Vojáček, Jan January 2011 (has links)
This thesis describes the development of codification of criminal law in Czech history. At first I described theory of comparative law, further follows the historical development of criminal law since the beginnings of the Czech state. After that I compared individual criminal codes based on division between general and special part. In special part I focused on the scheme of division of criminal offences into sections. At the end I compared adjustment of several criminal offenses in penal codes. This part contains four criminal offences (murder, theft, high treason and crime of witchcraft), which interfere with many areas of human life.
9

A terminologia e os processos de ressemantização e retextualização do Código Penal - parte especial / The terminology and resematization and retextualization processs of Penal Code - special part

Remenche, Maria de Lourdes Rossi 17 March 2009 (has links)
Esta pesquisa tem como objetivo analisar o conjunto terminológico que constitui o texto do Código Penal Parte Especial e os processos de ressemantização e retextualização desse texto, a fim de verificar se há variação na interpretação dos termos que constituem a área de especialidade e de como essa variação interfere na compreensão. A partir dessa textualidade jurídica, buscamos compreender esse universo de discurso próprio, identificar seu conjunto terminológico e os sentidos que esses elementos estabelecem entre si. Para tanto, constituímos os corpora de análise por textos dos doutrinadores Jesus (2001) e Delmanto (2007) e por 140 (cento e quarenta) termos, levantados a partir das orientações de modelos teóricos da Terminologia (documentos base), pela leitura de obras gerais de Direito e de Direito Penal e pela Parte especial do Código Penal (corpus de análise). Para a análise comparativa dos processos de ressemantização e retextualização dos termos, construímos uma Ficha terminológico-discursiva, que foi preenchida com contextos colhidos em manuais específicos e da Matéria Penal das Revistas dos Tribunais. Essas fichas foram duplicadas para serem preenchidas com os contextos fornecidos por cada doutrinador em estudo. A análise comparativa explicitou que as unidades terminológicas ganham, com frequência, novos contornos semânticos ao serem empregadas, sofrendo ressemantizações para ajustar-se à realidade, demandas e cenários contemporâneos. A análise dos processos de ressemantização e retextualização dos textos em estudo apresentou uma realidade linguística, embora marcada pela estabilidade e terminologia do discurso normativo, permeada por redimensionamentos de valores e ideologias que põem em relevo a presença do leitor, ao transfigurar e adequar o sentido dos termos e do texto à realidade sócio-político-cultural. / This research aims to analyze the terminological set which constitutes de Penal Code Special Part and the processes of resematization and retextualization of this text, in order to check if there is any variation concerning the terms that make the area of specialty and how this variation interferes in the understanding. From this juridical contexture, we desired to understand this universe of the discourse itself, identifying its terminological set and the meaning these elements established among themselves. We constituted the corpora of analysis by texts of doctrinaire Jesus (2001) and Delmanto et al (2007) and by 140 (one hundred and forty) terms, gathered from the orientation of the theoretical patterns of Terminology (base documents), through general works of reading of Law and Penal Law and through the Special Part of Penal Code (analysis corpus). For the comparative analysis of the processes of resemantization of the terms, we built a terminological-discursive form, which was filled with the contexts selected from specific guides and from the Penal Subject from Magazines from Tribunals. These forms were doubled to be filled with the contexts presented by each doctrinaire in study. The comparative analysis explicated that the terminological unities frequently acquire new semantics patterns when are used, suffering resemantization to fit themselves in the reality, demands and contemporary scenarios. The analysis of the processes of resematization and retextualization of the texts shows a linguistic reality, although marked by the stability and terminology of the normative speech, permeated by new dimensions of values and ideologies that highlight the readers presence, by the time it transfigures and adjusts the meaning of the terms and the text to the socio-political-cultural reality.
10

A terminologia e os processos de ressemantização e retextualização do Código Penal - parte especial / The terminology and resematization and retextualization processs of Penal Code - special part

Maria de Lourdes Rossi Remenche 17 March 2009 (has links)
Esta pesquisa tem como objetivo analisar o conjunto terminológico que constitui o texto do Código Penal Parte Especial e os processos de ressemantização e retextualização desse texto, a fim de verificar se há variação na interpretação dos termos que constituem a área de especialidade e de como essa variação interfere na compreensão. A partir dessa textualidade jurídica, buscamos compreender esse universo de discurso próprio, identificar seu conjunto terminológico e os sentidos que esses elementos estabelecem entre si. Para tanto, constituímos os corpora de análise por textos dos doutrinadores Jesus (2001) e Delmanto (2007) e por 140 (cento e quarenta) termos, levantados a partir das orientações de modelos teóricos da Terminologia (documentos base), pela leitura de obras gerais de Direito e de Direito Penal e pela Parte especial do Código Penal (corpus de análise). Para a análise comparativa dos processos de ressemantização e retextualização dos termos, construímos uma Ficha terminológico-discursiva, que foi preenchida com contextos colhidos em manuais específicos e da Matéria Penal das Revistas dos Tribunais. Essas fichas foram duplicadas para serem preenchidas com os contextos fornecidos por cada doutrinador em estudo. A análise comparativa explicitou que as unidades terminológicas ganham, com frequência, novos contornos semânticos ao serem empregadas, sofrendo ressemantizações para ajustar-se à realidade, demandas e cenários contemporâneos. A análise dos processos de ressemantização e retextualização dos textos em estudo apresentou uma realidade linguística, embora marcada pela estabilidade e terminologia do discurso normativo, permeada por redimensionamentos de valores e ideologias que põem em relevo a presença do leitor, ao transfigurar e adequar o sentido dos termos e do texto à realidade sócio-político-cultural. / This research aims to analyze the terminological set which constitutes de Penal Code Special Part and the processes of resematization and retextualization of this text, in order to check if there is any variation concerning the terms that make the area of specialty and how this variation interferes in the understanding. From this juridical contexture, we desired to understand this universe of the discourse itself, identifying its terminological set and the meaning these elements established among themselves. We constituted the corpora of analysis by texts of doctrinaire Jesus (2001) and Delmanto et al (2007) and by 140 (one hundred and forty) terms, gathered from the orientation of the theoretical patterns of Terminology (base documents), through general works of reading of Law and Penal Law and through the Special Part of Penal Code (analysis corpus). For the comparative analysis of the processes of resemantization of the terms, we built a terminological-discursive form, which was filled with the contexts selected from specific guides and from the Penal Subject from Magazines from Tribunals. These forms were doubled to be filled with the contexts presented by each doctrinaire in study. The comparative analysis explicated that the terminological unities frequently acquire new semantics patterns when are used, suffering resemantization to fit themselves in the reality, demands and contemporary scenarios. The analysis of the processes of resematization and retextualization of the texts shows a linguistic reality, although marked by the stability and terminology of the normative speech, permeated by new dimensions of values and ideologies that highlight the readers presence, by the time it transfigures and adjusts the meaning of the terms and the text to the socio-political-cultural reality.

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