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財產權之基本理論研究-以國家與人民之關係為限 / A Study on Fundamental Theory of Property -- the Relation of State and People魏千峰, Wei, Chien-Feng Unknown Date (has links)
私有財產權之保障在我國政治與經濟發展中扮演著重要的角色,但由於傳統上我國法律文化中並無權利之因素,且繼受西方國家法制時特別強調社會本位,以致憲法第十五條雖明文保障財產權,亦未能落實個人財產權免於國家公權力侵犯之核心。大法官釋字第三三六號解釋認為都市計劃法第五十條就公共設施保留地之取得不設期限係合憲,即是未能保障財產權之例子。
本文為建立財產權基本理論,從財產權之定義、財產權合理化理論及財產權理論之運用三方面著手。在何謂財產權專章中,析述財產權定義、特權、功能及缺失。在財產權合理化理論專章中,本文介紹現代最早之財產權理論(即先占理論)、勞力理論、人格發展理論、功效主義財產權理論及羅爾斯之分配正義理論。其中,個人擁有自身乃先占理論與勞力理論之源頭;功效主義理論認為財產權係因社會需要而生;人格發展理論認為財產權將人的意志具現在外部領域;羅爾斯之分配主義理論試圖建立同世代與世代間利用物質資源之公平正義。上述理論須經過重構後,方能深植在我國法律文化中。在財產權理論運用專章中,本文嚐試運用各種財產權理論於我國憲法財產權保障制度和徵收制度上。就憲法財產權保障制度而言,本文援引洛克天賦權利理論,認為財產權係先於國家存在之權利,並引伸出防禦權及有限政府之概念,避免過於偏重社會義務或國家義務之財產權制度。就徵收制度而言,本文評析大法官釋字第二三六號、三三六號、四00號及四四0號解釋。釋字第二三六號、三三六號解釋,偏重於社會整體利益之考量,犧牲個人財產權,釋字第四00號解釋則建立政府公權力不得侵犯個人及財產權係實現個人人格發展之概念,後者雖已將洛克及黑格爾理論共治一爐,此為我國憲法上財產權保障之大事,但從其前後不一貫之立場,我國財產權制度仍有尚待努力之處。 / The protection of property plays an important role in political and economic development of Taiwan. But in tradition there was no factor of right in our legal culture, and especially considered social interests when we adopted and learned from western legal systems. It can't make people prevent from intervention of state power although Article 15 of Constitutional Law prescribes protection of property. For example, the interpretation of No.336 of Grand Justice upheld Article 50 of City Planning Law deleting deadline of public reservation. The said interpretation is a bad example.
The goal of this dissertation is to establish fundamental theory of property. It is divided into three parts: what is property, why is property and how is property. Part I (what is property) analyzes definition of property. It also proceeds about characters、functions and flaws of property. Part Ⅱ(why is property) introduces the earliest modern theory of property (i.e., first occupancy theory)、labor theory、utilitarian property theory、personality development theory and Rawl's distributive justice theory. Suum is the origin of first occupancy theory and labor theory. Utilitarianism argues that property is derived from social demand. Rawl's distributive justice theory desires to establish the justice of using material about the same generation and the different generations. Only after reconstructing the said theories, property can deep input into our legal culture. Part Ⅲ (how is property) uses the said property theories to property protection of Constitutional Law and takings . For establishing the more protection system of property in Constitutional Law, it should employ natural right theory. And then it will produce the concept of negative right and limited government in Taiwan. It also can prevent from over - emphasising social obligations of individual and positive functions of state. In discussing takings, this dissertation analyzes the interpretation of No.236、No.336、No.400 and No.440 of Grand Justice. The interpretations of No.236 and No. 336 stress the importance of whole social interests, but it overlooks the individual right. The interpretation of No.400 constructs the concepts of limited state power and personality development. The latter is the turning point of property protection in our Constitutional Law. But oberserving contradiction of the said interpretations of Grand Justice, we still need to endeavor to establish the better system of property in our country.
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A bear of very little brain : positive psychology themes in the stories of Winnie the PoohDohmen, Lizette 02 1900 (has links)
The aim of this study is to discover to what extent and in what way Peterson and Seligman’s (2004) twenty-four character strengths are present in Winnie the Pooh storybooks, and how they are depicted. Character strengths are a well-known theory in positive psychology and the analysis of children’s literature is a respected genre. A qualitative examination of the text was conducted using content and thematic analyses to extract examples of the strengths. The exemplars were coded and recoded before being subjected to a peer and supervisor review. The excerpts indicated that all strengths are depicted in the text, but Pooh is the only character to exhibit them all. A discussion of the findings revealed that no single strength could be deemed more prominent as they are intrinsically interconnected. It is recommended that the findings be reworked into a training manual for guardians to foster character strengths in young children. / Psychology / M.A. (Psychology)
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The socially isolated child at schoolBudhal, Richi 11 1900 (has links)
The phenomenon of social isolation among school children in most instances goes unnoticed by
both teachers and parents and this oversight could have serious negative restraints on the socially
isolated child's cognitive, affective, moral, personality and social development. Social isolation can
be caused either through being rejected or neglected by the peer group.
This study was carried out among primary and secondary school learners to detei:,mine the extent
to which these children are socially isolated; and to identify factors contributing to learners' social
isolation. The aim of the study is to provide teachers and parents with a foundation and rationale
for effective intervention.
A literature study was done to identify the factors influencing social isolation. Some of the factors
identified were: social competence, self-esteem, psychological well-being, intelligence, academic
achievement, moral values, physical disability, sports participation, self-perceived physical
attractiveness, self-perceived physical disability, marital status of parents, parental supervision,
parental acceptance, parental autonomy granting and parental conflict.
All aspects of development (namely, physical, cognitive, affective, personality, moral and social)
were studied in relation to the phenomenon of social isolation.
By means of an empirical investigation, it was found after a regression analysis that self-esteem,
obedience and social competence accounted for most of the variance in social isolation for
primary school learners and in the case of secondary school learners, social competence, family
supervision and self-esteem. The two most common factors were social competence and selfesteem.
From the empirical findings it was also noted that learners' home language and grade were
also associated with social isolation.
The educational implications of the findings of the literature and the empirical study are discussed
and guidelines given to assist teachers and parents to identify and eliminate the factors contributing
to the development of isolation among school learners. If both parents and teachers take
cognisance of these recommendations and try to implement them, it should help children in their
self-actualisation and facilitate their attainment of adulthood with the least developmental
restraints. / Psychology of Education / D. Ed. (Psychology of Education)
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The role of teachers in the identity formation of adolescents restrained in their becomingSutcliffe, Carol Maurine 11 1900 (has links)
Certain adolescents are restrained in their becoming owing to a variety of family, school and relational factors, such as inappropriate adult role models, repeated failure and poor communication skills. Restrained adolescents display inadequate identity formation, partly because they are still endeavouring to define an own identity, instead of having reached the point of refining and stabilising their identity. Through their behaviour in family, school and other relationships they plead for assistance in the formation of their identity, especially at school, where
their plea is often misinterpreted as misbehaviour or attention-seeking, if not completely ignored. They consequently resort to their own ineffective efforts towards a meaningful existence. As an aid to defining adolescents' identity formation, a list of criteria has been compiled, using the essences distilled from the literature study. Four original questionnaires have been devised with a view to investigating restrained adolescents' identity formation from the perspective of adolescents, their parents, and teachers. By means of a qualitative investigation, it was found that: The identity formation of restrained adolescents is on the whole unsatisfactory in every respect. That is to say, they attribute inadequate meaning to life, themselves and their problems; they are not sufficiently involved in what they do, and they are bound by the infantile experiencing of their life-world in.that they are controlled by their feelings and moods. Parents of restrained adolescents tend to be inadequate, particularly
their fathers, who are non-available, either literally or figuratively. Alcoholism, neglect and abuse are common. Teachers of restrained adolescents are generally unaware of the significant role they can play in their identity formation, and need sensitisation and assistance in this area. Adolescents restrained in their becoming demonstrate specific identity formation needs, which concern themselves in various personal modalities and relationships. Teachers are in the position to provide support, not by means of additional scholastic or guidance programmes, but through their approach to these adolescents, to their teaching and education in
general. / Psychology of Education / D. Ed.
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Význam hry v mladším školním věku / Importance of games at an early school ageMALEČKOVÁ, Jana January 2014 (has links)
The work is focused on child's play, its evolution, characteristics, importance and its contribution to the development of the child during early school age, ie after the onset of the elementary school. The work is divided into two parts. Theoretical and practical. The theoretical part describes the concepts as a game, toys, importance of play, early school age, development and personality development of the child. It also describes the characteristic traits of children of early school age, especially in the play and leisure activities. The practical part of the thesis builds on the previous thearetical part, which evaluates the results of the pre-selected children monitoring during the gameplay. Using a qualitative empirical research, I will carry out a detailed analysis of the activities of chlidren's game. Monitoring will be recorded in questionnaires, answering predetermined questions.
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Umělecko-výchovné kontexty hudební pedagogiky v inovaci primárního vzdělávání / Art-educational contexts of music pedagogy in the innovation of primary educationDunovská, Marie January 2021 (has links)
The dissertation entitled Art-educational contexts of music pedagogy in the innovation of primary education characterizes from the scientific point of view philosophy, psychology, music psychology, neurophysiology, pedagogy and music pedagogy the importance of music education for the development of human personality. It follows the stimuli of the new academic discipline of transdidactics and deducts it to the practical level of primary education, in the focus of which they are strong activating means of musical activity. Through authorial creation and the use of artistic inspirations, it aims at the synergy of musical activities with other aesthetic and educational disciplines, whose cooperation deepens emotional experience and develops a relationship with artistic and ethical values, leading to the discovery of beauty. Deepening experiences with artistic activities based on polyesthetics and integrativity enables quality communication of cognitive and emotional processes in the child's consciousness. They are deepening, which represents an irreplaceable influence on the improvement and development of the child's personal integration in a very important period of the beginning of schooling. Contemporary education can positively influence this process through transdidactics using polyesthetics and...
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A Narrative Study of Emotions Associated with Negative Childhood Experiences Reported in the Adult Attachment InterviewHartman, Lynne I. 29 October 2015 (has links)
No description available.
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Identifisering van adolessente wat groepdruk moeilik hanteer / The identification of adolescents who have difficulty in dealing with group pressureFourie, Jacob Andries Cornelis 01 1900 (has links)
Text in Afrikaans / Die doel van opvoeding is om die kind tot volwassenheid te lei. 'n Volwasse persoon is iemand wat homself ken, 'n inherente sin virwaardes navolg, sedelik selfstandige besluite kan neem en verantwoordelikheid kan aanvaar. Groepdruk belemmer die verwerwing van bogenoemde eienskappe by die adolessent en bemoeilik gevolglik sy opvoeding. Daarom stel opvoedkundiges toenemend meer in groepdruk as fenomeen belang. Die doeI van die ondersoek was om 'n meetinstrument te ontwikkel waarmee adolessente geidentifiseer kan word wat groepdruk moeilik hanteer. Daarbenewens was dit oak die doel om die belangrikste veranderlikes wat verband hou met groepdruk te identifiseer. 'n Literatuurstudie is onderneem met die doel om die fenomeen groepdruk te analiseer, ondersoek in te stel na die meetbaarheid van groepdruk en vas te stel watter faktore met groepdruk verband hou. 'n Meetinstrument is ontwikkel met die doel om groepdruk te meet (betroubaarheidskoeffisient : 0,86).
'n Empiriese ondersoek is uitgevoerwaarby 452 hoerskool adolessente (234 seuns en 228 dogters) betrek is. Benewens groepdruk is verskeie veranderlikes soos verhouding met ouers, verhouding met maats, selfbeeld, waardes, intelligensie en persoonlikheid ook gemeet. Biografiese gegewens soos geslag, ouderdom, demerietes, buitemuurse aktiwiteite en posisie in gesin is ingesluit. Uit die empiriese ondersoek blyk dit dat :
• groepdruk 'n afname toon en verander vanaf graad 8 na graad 12;
• selfbeeld, ouderdom, populariteit en verhouding met maats as die vernaamste
veranderlikes wat met groepdruk verband hou, beskou kan word.
Die implikasies van die bevindinge in die literatuurstudie en in die empiriese ondersoek is bespreek met die doel om ouers en onderwysers met riglyne te voorsien wat hulle kan aanwend om adolessente minder kwesbaar vir groepdruk te maak. / The aim of education is to guide the child towards adulthood. An adult is expected to know himself, follow an inherent sense of values, make moral decisions independently and accept responsibility. Group pressure hampers the attainment of the above characteristics during adolescence and therefore makes education problematic. For this reason educationists are taking a growing interest in group pressure as a phenomenon. The aim of this study was to develop a measuring instrument to identify adolescents who find it difficult to deal with group pressure. In addition it was also the aim to determine the most important variables which relate to group pressure. A literature study was undertaken in order to analyse group pressure as a phenomenon, to analyse
the measurability of group pressure and to determine which factors relate to group pressure. An instrument was developed to measure group pressure (reliability coefficient: 0,86). An empiricalinvestigation was carried out involving 452 high school adolescents (234 boys and 228 girls). In addition to group pressure, several variables were measured such as the individual's relationship with parents and friends, his self-concept, values, intelligence and personality. Biographical information such as gender, age, number of demerits, extra mural
activities and birth order was collated.
From the empirical investigation it seems that
• group pressure shows a decline from Grade 8 to 12;
• self concept, age, popularity and relationship with friends can be considered the most
important variables relating to group pressure.
The implications of the findings in the literature study and empirical investigation were discussed with the aim to provide parents and teachers with guidelines which they can apply to make adolescents less vulnerable to group pressure. / Psychology of Education / D. Ed. (Sielkundige Opvoedkunde)
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Identifisering van adolessente wat groepdruk moeilik hanteer / The identification of adolescents who have difficulty in dealing with group pressureFourie, Jacob Andries Cornelis 01 1900 (has links)
Text in Afrikaans / Die doel van opvoeding is om die kind tot volwassenheid te lei. 'n Volwasse persoon is iemand wat homself ken, 'n inherente sin virwaardes navolg, sedelik selfstandige besluite kan neem en verantwoordelikheid kan aanvaar. Groepdruk belemmer die verwerwing van bogenoemde eienskappe by die adolessent en bemoeilik gevolglik sy opvoeding. Daarom stel opvoedkundiges toenemend meer in groepdruk as fenomeen belang. Die doeI van die ondersoek was om 'n meetinstrument te ontwikkel waarmee adolessente geidentifiseer kan word wat groepdruk moeilik hanteer. Daarbenewens was dit oak die doel om die belangrikste veranderlikes wat verband hou met groepdruk te identifiseer. 'n Literatuurstudie is onderneem met die doel om die fenomeen groepdruk te analiseer, ondersoek in te stel na die meetbaarheid van groepdruk en vas te stel watter faktore met groepdruk verband hou. 'n Meetinstrument is ontwikkel met die doel om groepdruk te meet (betroubaarheidskoeffisient : 0,86).
'n Empiriese ondersoek is uitgevoerwaarby 452 hoerskool adolessente (234 seuns en 228 dogters) betrek is. Benewens groepdruk is verskeie veranderlikes soos verhouding met ouers, verhouding met maats, selfbeeld, waardes, intelligensie en persoonlikheid ook gemeet. Biografiese gegewens soos geslag, ouderdom, demerietes, buitemuurse aktiwiteite en posisie in gesin is ingesluit. Uit die empiriese ondersoek blyk dit dat :
• groepdruk 'n afname toon en verander vanaf graad 8 na graad 12;
• selfbeeld, ouderdom, populariteit en verhouding met maats as die vernaamste
veranderlikes wat met groepdruk verband hou, beskou kan word.
Die implikasies van die bevindinge in die literatuurstudie en in die empiriese ondersoek is bespreek met die doel om ouers en onderwysers met riglyne te voorsien wat hulle kan aanwend om adolessente minder kwesbaar vir groepdruk te maak. / The aim of education is to guide the child towards adulthood. An adult is expected to know himself, follow an inherent sense of values, make moral decisions independently and accept responsibility. Group pressure hampers the attainment of the above characteristics during adolescence and therefore makes education problematic. For this reason educationists are taking a growing interest in group pressure as a phenomenon. The aim of this study was to develop a measuring instrument to identify adolescents who find it difficult to deal with group pressure. In addition it was also the aim to determine the most important variables which relate to group pressure. A literature study was undertaken in order to analyse group pressure as a phenomenon, to analyse
the measurability of group pressure and to determine which factors relate to group pressure. An instrument was developed to measure group pressure (reliability coefficient: 0,86). An empiricalinvestigation was carried out involving 452 high school adolescents (234 boys and 228 girls). In addition to group pressure, several variables were measured such as the individual's relationship with parents and friends, his self-concept, values, intelligence and personality. Biographical information such as gender, age, number of demerits, extra mural
activities and birth order was collated.
From the empirical investigation it seems that
• group pressure shows a decline from Grade 8 to 12;
• self concept, age, popularity and relationship with friends can be considered the most
important variables relating to group pressure.
The implications of the findings in the literature study and empirical investigation were discussed with the aim to provide parents and teachers with guidelines which they can apply to make adolescents less vulnerable to group pressure. / Psychology of Education / D. Ed. (Sielkundige Opvoedkunde)
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Guidelines for parents, teachers and professionals in the handling of rebellious childrenMathye, Lethabo Violet 11 1900 (has links)
Rebelliousness is the act of defying lawful authority or a resistant way of relating to authority.
It is seen by many as a normal way of development.
The development of rebellious behavior actually starts in childhood and progresses through
to adulthood.
The study focuses on the manner in which the family and school handle the rebellious child and the negative effects that these have on the child's development. These problems may manifest in truancy, delinquency, negativism, runaway, antisocial behavior, alcohol and substance abuse and gang involvement.
The results of the study prove that the environment in which the adolescent lives, contribute greatly to the development and the maintenance of rebellious
behavior.
Guidelines were written for parents, teachers and psychologists regarding the handling of the
rebellious child. / Psychology of Education / M.Ed. (Guidance and Counselling)
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