For decades Africa has tried to rid itself of the, most often, oppressive powers that have dominated the continent. Throughout the 20th century, and in the case of South Africa even further back in history, the church has played a vocal role in engaging the powers that refused Africans the right to be part of their own heritage. The church marched with the rest of Africa to a glorious victory over these powers. In 2004 the first decade of democracy in South Africa was celebrated. However, a number of challenging issues facing the very existence of the African continent, and especially the African church, did not disappear. Instead, over a number of years, these issues have surfaced, if not to a greater extent, at least in the full view of the whole world. It seems that the same vigorous voice of the church that spoke out against, for example, colonialism and apartheid, has now become silent. The goal of this study is to determine if the church, with focus on the church in South Africa, is taking serious cognisance of these challenging issues, and to find out what it is saying about these challenges. In order to assist us in this study, we look at what five of the South African theologians, who stand in different traditions of the church in South Africa, are saying about these challenging issues. The different theologians selected for this study are Archbishops Tutu and Tlhagale, Professor Maluleke, Bishop Mofokeng and Doctor Khathide. They, respectively, stand in the Anglican, Catholic, Reformed, AIC and Pentecostal traditions. Through the voices of these theologians, this study identifies various issues, defines areas of concern, and determines what the church is saying about these challenges. These challenges are identified as challenges in establishing the church in Africa as African church, challenges relating to social, economic and political issues, and challenges facing the church in a multi-religious society. Even though this study only refers to five of the church’s theologians, the finding resulting from this study indicates that the African church is taking serious cognisance of these challenging issues and is still speaking out. / Dissertation (MA (Theology))--University of Pretoria, 2007. / Science of Religion and Missiology / MA / unrestricted

Administrative justice is traditionally considered as the main alternative to the criminal justice system when a certain illegality is decriminalized or not enforced by criminal justice institutions (e.g. the regulation of elite deviance, urban disorder, mental health, etc.). This doctoral thesis studies how the conflicts related to immigration are being managed in the largest administrative tribunal in Canada: the Immigration and Refugee Board (IRB). It asks how exactly does immigration justice, and administrative law more broadly, constitute an alternative to criminal justice in terms of social reaction, and what kinds of challenges does this alternative present for the study of social control. This research takes a qualitative approach based on documentary analysis and long-term ethnographic fieldwork conducted at the IRB between 2007 and 2009. It uses its own theoretical framework building on post-structural perspectives, including Bourdieu’s constructivist structuralism, governmentality and nodal governance studies, left realism and political economy of punishment. In the empirical part of the thesis, I present some of the characteristics of the legal translation of conflicts in immigration law, including the forms and logics of punishment involved and how immigration law is practiced at the tribunal. I argue that administrative adjudication and punishment differ substantially from criminal law regimes and I question the idea of criminalization (of immigration) as a category capable of nuancing the complexity of administrative forms of social reaction. Instead, I suggest that we should take these forms of punitive social reaction as they are, and study how they operate along, beyond and in addition to criminal law. I propose an integrated conception of the penal complex which works as a mobile (kinetic sculpture) and includes the criminal law realm, but also other normative systems that configure ‘less’ prominent locations of punishment playing an increasing role in social reaction. I conclude by proposing a new reading of selectivity of justice and penal policies, and consequently, a new agenda for criminology and criminologists. In this new agenda, the penal complex should be taken as a totality in order to promote broader and combined propositions for law reform and resistance to punitiveness.

This thesis demonstrates a comparative and analytic discussion of citizenship idea based on two distinct liberal doctrines of two contemporary political philosophers: Brian Barry and William Galston. Barry's egalitarian liberalism argues for 'common citizenship' notion in order to promote liberty and equal treatment of all individuals irrespective of any social differences. On the other hand, 'liberal pluralist citizenship' of William Galston's signifies his liberal pluralism to mitigate cultural and religious conflicts of liberal democratic society. The fundamental disagreements among these liberal approaches over the issues of public recognition of group rights and restricted state authority are analysed in this study. Finally, by analysing both the liberal positions under the challenge of multicultural issues the author defends Galston's liberal idea and judges it as more convincing than Barry's liberal approach.

Sweden has an integrative approach to religious education and the classroom is a platform for religious plurality. At the same time, school is one of the sources for youth to get their information about religions. The aim of this thesis was to describe how teachers of religious education in Sweden perceive their own teaching in relation to a religiously diverse context. The research questions were as follows: How do upper secondary school teachers of religious education describe their teaching, as taken place in a religiously diverse classroom, as well as a religiously diverse society? and How can we understand the image of religious diversity which is being conveyed by the teachers', in relation to James A. Beckford's clarification of the concept religious pluralism. By using an inductive qualitative content analysis, four semi-structured interviews with upper secondary school teachers of religious education were analysed. Through the results three themes emerged, which were: motivations, selection strategies and teaching strategies. To understand how these were related to religious diversity in society as well as in the classroom the results were analysed from a didactics perspective. To understand the image of religious pluralism that was constructed in the teacher’s descriptions James A. Beckford’s concept of religious pluralism was applied To conclude, the results answer to the questions of didactics. The religious diversity within the classroom emphasizes the question of how the teaching is conducted, while the religious diversity in society emphasizes the question of what is being taught. The question of “why” relates to both the diversity in the classroom as well as society. The description mirrors different forms of religious diversity. The teachers’ aim is to generate recognition and acceptance towards religious diversity which is in line with the curriculum. The teachers’ description of the content constructs an image of the level of religious diversity which relates to what is current in society. The religious diversity in the classroom is also described to have a certain positive value for the teachers as it allows different teaching strategies to be used.

This thesis addresses the question of how a dialogue may be developed between the socio-political notion of pluralism and a pluralistic public sphere, and the design of public space and public architecture. More particularly, it considers how architecture may both accommodate multiple publics while simultaneously framing connection or association between them. Following an exploration of this question at an abstract, theoretical level, the thesis moves to a more specific architectural investigation. This investigation takes the form of a design project situated within the Robson Square complex in downtown Vancouver. The complex, constructed in the mid-1970's, was designed by Canada's pre-eminent architect Arthur Erickson and is the major civic space in the city. The thesis design project undertakes a theoretical re-evaluation and physical renovation of this Utopian mega-structure, with the intention of shifting the existing homogeneity and institutionality of the complex to align it with the thesis argument. Through the vehicle of a design project,, the abstract theoretical argument is translated and focused through the particularities of an architecture embedded in its site. This methodology requires the project to address issues connected to the existing masterwork, including: the question of how to conceptualize monumentally in a grid city; the relationship between the 'sacred' space of the civic circumstance and the 'profane' space of the street and commercial program; the form of the institution within the city; and the issue of working within, and manipulating, a pre-existing architectural language. Further, the scale of the site is reflected in the scope of the design project. The project moves from the development of urban design strategies to the detailed consideration of the material and construction of the different interventions. The architecture remains, however, conceptual and is a demonstration of how the developed strategies may generate form and guide program. The project does not attempt to fully develop a building in detail. The thesis concludes with an afterword on the success of the project as a demonstration of the thesis argument. At the same time, the limits of architecture to act as a socio-political device are acknowledged. Further, speculations are made as to the way in which the position and the strategies developed within the thesis might inform wider discussions on architecture and the urbanism of grid cities such as Vancouver. The key concept forming the basis of these speculations is the idea of a 'difficult' co-existence of parts and a whole, reflecting the pluralistic ideal of association within fragmentation. / Applied Science, Faculty of / Architecture and Landscape Architecture (SALA), School of / Graduate

Made available in DSpace on 2017-06-01T18:12:23Z (GMT). No. of bitstreams: 1 dissertacao_marconi_queiroz_campos.pdf: 1240136 bytes, checksum: ad2b20925b97356d44993e947b8827a8 (MD5) Previous issue date: 2009-12-14 / This dissertation is to draw some epistemological assumptions for the dialogue between Christians and Muslims. Divided into five chapters, this dissertation begins with the concept it of dialogue in the light of the thoughts of Martin Buber and Paulo Freire. In this chapter, is defined what is inter-religious dialogue, differentiating it from ecumenism. Then, the summary of major inter-religious encounters occurred in the world since the First World Parliament of Religions held in Chicago, USA, in the year 1893 up to the World Day of Prayer held in Assis, Italy, in 1986 was given. In the second, the pluralistic theologies of John Hick and John Spong are used for a new understanding of the divine incarnation of Jesus Christ in a metaphorical significance of this fact and for the inter-religious dialogue. In the third chapter, it is shown that the Muslim world, through its theologians, has also sought to update its theological basis, reinterpreting some foundations of the Koran and Sharia. In the fourth chapter, it is discussed the necessity of inter-religious dialogue in the light of the philosophies of alterity of Martin Buber, Emmanuel Lévinas and Boaventura Santos. The fifth chapter is about the implementation of transdisciplinary epistemology Basarab Nicolescu and Edgar Morin in inter-religious dialogue, with the integration of knowledge of the logical axiom of the third included. In conclusion we highlight the key points within a new epistemological approach to peaceful coexistence of Christians and Muslims, in order to build a culture of peace / O trabalho tem o propósito de traçar alguns pressupostos epistemológicos para o diálogo entre cristãos e muçulmanos. Dividido em cinco capítulos, o trabalho inicia com a conceituação de diálogo à luz dos pensamentos de Paulo Freire e Martin Buber. Nesse capítulo, define-se o que seja diálogo inter-religioso, diferenciando-o do ecumenismo. Em seguida, apresenta-se uma síntese dos grandes encontros inter-religiosos ocorridos no mundo, desde o Primeiro Parlamento Mundial das Religiões realizado em Chicago, E.U.A, no ano de 1893 até a Jornada Mundial da Oração ocorrida em Assis, Itália, no ano de 1986. No segundo capítulo, as teologias pluralistas de John Hick e John Spong são utilizadas para uma nova compreensão da encarnação divina de Jesus Cristo de forma metafórica e a importância deste fato para o diálogo inter-religioso. No terceiro capítulo, mostra-se que o mundo muçulmano, através de seus teólogos, também tem procurado fazer o aggiornamento de sua base teológica, reinterpretando alguns fundamentos do Alcorão e da Sharia. No quarto capítulo, aborda-se a necessidade do diálogo inter-religioso à luz das filosofias da alteridade de Martin Buber, Emmanuel Lévinas e Boaventura Santos. O quinto capítulo, tratou-se da aplicação da epistemologia transdisciplinar de Basarab Nicolescu e Edgar Morin no diálogo inter-religioso, com a integração dos saberes, a partir do axioma lógico do terceiro incluído. Na conclusão destacam-se os pontos essenciais, dentro de uma nova lógica epistemológica, para a coexistência pacífica entre cristãos e muçulmanos na construção de uma cultura de paz

Made available in DSpace on 2017-06-01T18:12:35Z (GMT). No. of bitstreams: 1 dissertacao_maruilson.pdf: 708237 bytes, checksum: 39188f025eefee73ef325b6f4c87066e (MD5) Previous issue date: 2012-11-22 / At the beginning of the new millennium a consensus is being formed among scholars from different parts of the world that classical theology no longer responds with satisfaction to the questions of this new Axial time. There is also an increasing desire to build a new theology that is inter-faith, multi-faith or simply trans-religious. This new theology requires the construction of a new paradigm in the theological thinking. Reflecting the efforts of similar initiatives around the world, the Ecumenical Association of Third World Theologians, EATWOT, through the collection "along the many paths of God , proposed a new theology, that is trans-religious, secular, open, non-institutional, global, planetary, multi-religious, pluralist and in connection with the principles of liberation theology. This research ventures to study the possibilities and limits of this proposal of EATWOT. / Nesse inicio de milênio está se formando consenso entre estudiosos de diversas partes do mundo de que a teologia clássica já não mais responde a contento às questões desse novo tempo Axial e cresce o anelo pela construção de uma nova teologia que seja inter-faith, multi-faith ou simplesmente trans-religiosa. Tal teologia exige a construção de um novo paradigma na forma do pensar teológico. Refletindo os esforços de iniciativas similares pelo mundo, a Associação Ecumênica de Teólogos do Terceiro Mundo, ASETT, através da coleção pelos muitos caminhos de Deus , propôs uma teologia nova, transreligiosa, leiga, aberta, não institucional, planetária, multirreligiosa, pluralista e em conexão com os princípios da teologia da libertação. A presente pesquisa se aventura a estudar as possibilidades e limites dessa proposta da ASETT.

Jugé excessivement protecteur à l’égard des investisseurs étrangers au cours des deux dernières décennies, le droit international des investissements fait face aujourd’hui à une crise de légitimité́. L’industrie extractive est particulièrement touchée par ces critiques par les différentes allégations d’atteintes aux droits de l’homme et droit de l’environnement, et dont le traitement par les tribunaux d’investissement reste limité. En outre, le système juridique des pays en développement étant d’une part, fragmenté par l’articulation entre un droit local, national et international, voire transnationale par les nouveaux modes de régulation transnationale privée, et d’autre part, gangrené́ par des dérives corruptives, les populations locales ont un accès limité à la justice en cas de litiges avec les multinationales. En effet, la pratique consiste à̀ délocaliser le droit applicable au contrat d’investissement par les différentes techniques développées par le droit international, et singulièrement par les clauses contractuelles et l’arbitrage transnational. Cette étude propose donc de développer la notion « d’enclavement juridique» pour décrire ce phénomène auquel font face les pays en développement, et comprendre les raisons pour lesquelles l’investissement étranger, pourtant au centre de la concurrence des systèmes juridiques, a des impacts limités et localisés sur le développement de l’État hôte. / Considered as offering overprotection, international investment law faced a crisis of legitimacy. The extractive industry is particularly affected by criticisms of various allegations of human rights violations and environmental law, and their treatment by investment courts remains limited. Furthermore, the legal system of developing countries are fragmented by the articulation among local, national and international law, even transnational law with private regulations, and affected by corruptive drifts, the local populations have limited access to justice when disputes with multinationals occur. As a matter of fact, the practice consists of relocating the law applicable to the investment contract by the various techniques developed by international law, and particularly contractual clauses and transnational arbitration. This thesis develops the concept of "legal enclosure" to describe this phenomenon, and to explain the limited and localized impacts of foreign investments on the development of the host State.

[pt] O presente trabalho tem como objetivo analisar alguns aspectos concernentes à interpretação da Constituição. A tarefa de desvendar o significado da norma está condicionada pela inconstância semântica dos enunciados que exteriorizam seu conteúdo e pela précompreensão inerente a todo interprete. Estes dois dados, aliados aos métodos clássicos de interpretação jurídica, fazem da busca pelo teor da norma um ato de voluntarismo. Como forma de mitigar as escolhas individuais do interprete e, dessa forma, fazer da Constituição em importante elemento de integração social, investiga-se um meio que garanta a racionalização do processo de interpretação sem perder de vista o pluralismo característico das sociedades atuais. Acredita-se que mediante a ampliação do rol de agentes habilitados para participar do debate que antecede a fixação da substância da norma constitucional, isto é, possibilitando a integração deliberativa de um número maior de setores da sociedade, estar-se-á dando um importante passo no sentido de se atingir a interpretação mais adequada da Constituição. Entende-se que essa perspectiva discursiva permite a introdução de um fator que debela e mitiga a vontade individual do intérprete, além de legitimar a imposição da própria Constituição. Além disso, mas na mesma direção, constata-se que a Constituição moderna, em função da abertura de seu texto e da diferenciação de densidade de suas normas, demanda a utilização de métodos de interpretação que, em detrimento da aplicação silogística de suas regras e princípios, a partir do primado da norma, valorizem a orientação tópica, aproximando os juízos formulados pelos intérpretes do caso concreto. Nos processos de controle concentrado de constitucionalidade que tramitam perante o Supremo Tribunal Federal, a figura do amicus curiae, dada pela legislação que regula a matéria, pode ser importante instrumento de defesa desta concepção democrática da interpretação da Constituição. / [en] This work is intended to analyze a few aspects concerning the interpretation of the Constitution. The task of unfolding the meaning of the norms is conditioned by the semantic inconstancy of the items that exteriorize its content and by the comprehension inherent to every interpreter. This two data, allied to the classic methods of legal interpretation, make the search for the tenor of the norm an act of voluntarism. As a manner to mitigate the individual choices of the interpreter and, therefore, make the Constitution an important element of social integration, we shall investigate a manner that guarantees the rationalization of the interpretation process without losing the pluralism characteristic of the current societies. We believe that upon the expansion of the list of agents qualified to prepare the debate that antecedes the determination of the substance of the constitutional norm, i.e., allowing the deliberative integration of a larger number of sectors of society, therefore moving in a great deal in order to reach the most pertinent interpretation of the Constitution. We believe that this discursive perspective allows the introduction of a factor that restricts and mitigates the individual will of the interpreter, further legitimating the imposition of the Constitution itself. Furthermore, but in the same direction, we verify that the modern Constitution demands the use of interpretation methods that, due to the opening of its text and the differentiation of the density of its norms and in detriment to the syllogistic application of its rules and principles from the superiority of the norm, valorize the topic orientation, approximating the decisions made by the interpreter in the correct case. In the processes of concentrated control of constitutionality in course before the Federal High Court, the figure of the amicus curiae, due to the legislation applicable to the issue, may be important instrument of defense of this democratic conception of the interpretation of the Constitution.

In late 20th century America, multiculturalism emerged as a doctrine of equal respect and a popular ideological framework for resolving intergroup relations. Despite its dramatic presence, many sociologists conclude that the rather vigorous and often contentious academic inquiries into multiculturalism left us without a solid understanding of its significance. In this dissertation I examine survey and personal interview data to more clearly identify patterns of ideological support for multiculturalism or assimilation in the U.S. public and to isolate the motivations for their preferences. Findings based on the survey data indicate that, despite multiculturalism's symbol appeal, it does not seem to guide preferences in favor of or opposition to assimilation/multiculturalism among members of most groups. According to the quantitative data, support for intermarriage is one of the few variables that positively correlates with preferences for assimilation. The interview data indicate a strong tendency among many participants to conflate the meaning of multiculturalism and assimilation. Despite their stated aspirations, many self-identified multiculturalists do not favor cultural pluralism. Apparently a significant number of the interview participants use a synthesis of multiculturalism and assimilation to frame their preferences for social convergence within an assimilationist paradigm - a perspective that only marginally resembles multiculturalism's doctrine of equal respect. Contrary to the extant literature, patterns of support for multiculturalism among the interview participants indicate racial and ethnic cleavages and these patterns correspond to the U.S. social hierarchy. Because racial and ethnic meanings infused the multiculturalism debate with its energy, it is plausible that the subtleties of racial discourse mask common aspirations among racial and ethnic group members. In the last chapter, I employ Alba and Nee's recent theoretical reformulation of the concept of assimilation to explicate the findings of this dissertation.