Rimlighetsbedömning är en väsentlig del av de kunskaper som behövs för att göra uppskattningar och olika beräkningar i matematikämnet. Det är också en del av människans vardag där det krävs en förståelse för vad som är rimligt och vad som är orimligt. Tidigare forskning har däremot visat att matematikundervisning tenderar att fokusera på hur man löser uppgifter med metoder som inte alltid passar för uppgiftens syfte, att uppgifter inte är verklighetsbaserade och att undervisningen inte lyfter fram elevers resonemangsförmåga. Vidare menar forskning att undervisningen behöver fokusera på elevers grundläggande taluppfattning för att utveckla en förståelse för rimlighetsbedömning. Studiens syfte är att fördjupa kunskap om undervisningsutmaningar relaterat till rimlighetsbedömning och förmågorna i kursplanen för matematik. Syftet besvaras genom följande frågeställningar: ”I vilken mån upplever lärarna att det finns undervisningsutmaningar med rimlighetsbedömning relaterat förmågorna i kursplanen för matematik?”, ”Vad utgörs undervisningsutmaningarna av?” och ”Vilka nycklar finns för att komma till rätta med undervisningsutmaningarna?”. Studien utgår från Systematisk Kartläggning av Undervisningsutmaningar, som är ett redskap som används för att synliggöra undervisningsutmaningar i relationen mellan centrala innehåll och förmågorna i kursplanen. Resultatet visar bland annat att de flesta relationer mellan rimlighetsbedömning och förmågorna är hanterbara och går att hantera med hjälp av beprövad erfarenhet och kollegialt arbete. Det har även framkommit att orsakerna och nycklarna till undervisningsutmaningar har ett samband och att det bland annat kan relateras till elevers taluppfattning och att de inte stannar upp och ifrågasätter det de utfört. I Diskussionen vägs resultatet mot tidigare forskning och det visar att orsakerna och nycklarna i utmaningarna stämmer överens med vad som framkommit i den tidigare forskningen. / Reasoning assessment is an essential component of the knowledge required to make estimates and various calculations in the field of mathematics. It is also a part of everyday life where an understanding of what is reasonable and what is unreasonable is necessary. However, previous research has indicated that mathematics education tends to focus on how to solve tasks using methods that may not always be suitable for the purpose of the task. Additionally, tasks often lack real-world contexts, and teaching practices do not sufficiently emphasize students' reasoning abilities. Furthermore, research suggests that instruction needs to concentrate on developing students' fundamental number sense to cultivate an understanding of reasoning assessment. The purpose of this study is to deepen our understanding of instructional challenges related to reasoning assessment and the abilities outlined in the mathematics curriculum. This purpose is addressed through the following research questions: "To what extent do teachers perceive instructional challenges in reasoning assessment related to the abilities outlined in the mathematics curriculum?" "What characterizes these instructional challenges?" and "What strategies can be employed to address these instructional challenges?". The study utilizes Systematic Mapping of Teaching Challenges, which is a tool used to identify teaching challenges in the relationship between core content and the abilities outlined in the curriculum. The results indicate, among other things, that most of the relationship between reasoning assessment and the abilities outlined in the curriculum are manageable and can be addressed through proven experience and collaborative work. It has also been revealed that the causes and key factors of teaching challenges are interconnected, including issues related to pupil's understanding of numbers and their failure to pause and question their work. In the discussion, the results are compared with previous research, and it is evident that the causes and key factors identified in the challenges align with the findings of previous studies.

No description available.

Esta dissertação analisa a recepção do duty to mitigate the loss pelo Direito Civil brasileiro. Instituto com maior desenvolvimento nos países que adotam o sistema da common law, preceitua que a inobservância da mitigação pelo credor em face de um inadimplemento, seja evitando ou minimizando o prejuízo, faz com que ele não seja ressarcido do dano sofrido, pois referida conduta estava ao seu alcance. O estudo faz a contraposição dos conceitos de dever jurídico e ônus, extraindo-se a natureza jurídica do duty to mitigate the loss a partir da boa-fé. Posteriormente, são estabelecidos os seus pressupostos de existência, o que se convencionou chamar de pressuposto de exigibilidade processual e é feito um confronto com demais institutos de Direito Civil que possuem características semelhantes ou que podem se relacionar com a norma de mitigação. Parte-se, então, para o desenvolvimento do que se chamou de regra de aferição da razoabilidade, como meio de padronizar a verificação da medida que se pode considerar razoável para o credor adotar diante da incidência do duty to mitigate the loss. Logo após, é feito um levantamento jurisprudencial para avaliação da aplicação da norma de mitigação pelos tribunais brasileiros. Por fim, é analisada a presença do duty to mitigate the loss na Convenção das Nações Unidas sobre Contratos de Compra e Venda Internacional de Mercadorias (CISG) e em iniciativas internacionais. / This dissertation analyzes the reception of the duty to mitigate the loss by the Brazilian Civil Law. Institute with further development in countries that adopt the common law system, states that the failure of mitigation by the creditor in case of breach, either avoiding or minimizing the damage, causes him to not be reimbursed for the damage suffered, because that conduct was within his reach. The study contrasts the concepts of duty and burden, extracting the legal nature of the duty to mitigate loss from the good faith. After, it is established their assumptions of existence, the so-called assumption of procedural enforceability and it is made a confrontation with other institutes of civil law that have similar characteristics or can relate to the standard mitigation. The next step is the development of what was called reasonableness admeasurement rule, as a means to standardize the verification of measures that can be considered reasonable for the creditor to take on by the incidence of the duty to mitigate loss. Immediately after, a survey is made for judicial review of the implementation of mitigation standard by Brazilian courts. Finally, it is analyzed the presence of the duty to mitigate the loss in the United Nations Convention on Contracts for the International Sale of Goods (CISG) and international initiatives.

Six out of every ten children in South Africa are living in poverty. This situation is aggravated by the AlDS pandemic. The pandemic is also the cause of a generation of AlDS orphans and as a consequence a lot of pressure is put on society's resources. Although the fundamental rights of children are entrenched in the Constitution of the Republic of South Africa, 1996, the current legal and administrative framework is not being implemented effectively in order to realise these rights. The Constitutional Court has adjudicated upon several matters regarding the realisation of socio-economic rights, thereby confirming that socio-economic rights are indeed justiciable. This research is specifically concerned with the realisation of children's right to have access to health care as entrenched in sections 27 and 28(l)(c) of the Constitution. Read with section 7(2) of the Constitution, this right places negative as well as positive obligations on the state to respect, protect, promote and fulfil children's right to have access to health care. Children's right to health care are however dependent on the internal limitations contained in section 27(2) of the Constitution which states that the state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of these rights. Having ratified the UN Convention on the Rights of the Child (CRC), the state is further bound to recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. Parties to the CRC shall also strive to ensure that no child is deprived of his or her right of access to such health care services. Good health is dependent on more than a mere right to have access to health care. In order to ensure the highest attainable standard of health for all children, it is necessary that the available services are affordable and accessible on an equitable basis. Access to health care should be seen as part of a more comprehensive social protection package to ensure a minimum standard of living, consistent with the value of human dignity in our Constitution. In order to achieve this, the fragmented health care system which existed before 1994 and which was mainly a result of the previous dispensation of oppression and racial discrimination, had to be transformed in order to reach the ideal of improving the quality of life of all citizens as contained in the preamble of the Constitution. Ten years after the inception of the new constitutional dispensation, it can be said that the government is making progress with the transformation of the health system and making it accessible to all people, including children. After extensive research on the legislative and other measures that the government has implemented in order to realise children's right to access to health care, the following conclusions has been reached: State policies regarding health care are taking account of the needs of children as a vulnerable group of society and it can be said to be reasonable in the formulation thereof. Regarding the implementation of these policies, much remains to be done to ensure that the benefits thereof reach the children, especially more vulnerable groups such as street children and child-headed households - a common occurrence with the high prevalence of HIVIAIDS in South Africa. The enactment of the National Health Act 61 of 2003 is still awaited although it has already been signed. This legislation provides a national framework of norms and standards regarding the health care system and it is mainly based on the rights of patients. A new Children's Bill [B32 - 20031 has been introduced to parliament. The bill deals extensively with the rights of children as contained in the Constitution and also aims to give effect to governments' obligations in terms of the CRC. The enactment of the bill should be given priority, although measures should be implemented to ensure that health care services are also accessible to children who are not assisted by adults such as child-headed households. The allocation of public funds should be considered in order to provide better social assistance to families in dire need but mechanisms to ensure that children benefit from social grants must be implemented. Many of these grants are being abused by parents which means that although the grants are available, the money is not always spent to better the plight of the children. This is especially important in the light of the fact that the primary obligation to take care of children vests in the parents. The courts and especially the Constitutional Court, has taken their role in realising socio-economic rights seriously and very important guidelines has been formulated regarding the reasonableness of legislative and other measures in this regard. After the Khosa-case it should be said that although the courts are allowed to overstep the boundaries of separation of powers, they should not rewrite these boundaries by not taking appropriate account of the availability of financial resources. This also applies to the executive and legislature which should act more effectively to implement the court's decisions. The Human Rights Commission is playing an important role with regard to the realisation of socio-economic rights by monitoring and evaluating the implementation of government programmes and legislation. The Commission also provides valuable guidelines with regard to the realisation of socio-economic rights in the form of annual reports submitted to parliament. It is submitted that the Commission should however consider to define minimum core obligations of socio-economic rights since the Commission is better equipped to do this than the courts are. / Thesis (LL.M. (Public Law))--North-West University, Potchefstroom Campus, 2005.

This paper focuses on the evolution of “reasonableness” as a unitary standard of judicial review and the role of tribunal expertise in that process. The modern era begins with Nipawin in 1973, a time when judicial review operated with a crude binary system of standards that allowed for either full curial deference (patent unreasonableness) or no deference (correctness). It ends in 2008 with Dunsmuir and the jettisoning of the highest standard of curial deference, the standard of patent unreasonableness. Correctness is now implicitly understood not as a standard but, as the justified absence of the need to extend deference to a tribunal`s decision. Patent unreasonableness and the middle ground standard of reasonableness have ostensibly been "collapsed" into a single more rational, workable, flexible and sophisticated unitary system based on the multi faceted standard of reasonableness. It is argued that the new “standard of review analysis” expressed in Dunsmuir is simply a comprehensive restatement of all the previously articulated diverse and, typically, non-dispositive factors and exceptions. The hallmarks of this new standard are the recognition that, more often than not in administrative law, there is no one right or best answer and that, a reviewing court will respect and affirm a tribunal’s choice if it is within the range of options provided it is well reasoned. This paper also addresses the primarily academic criticism of the Supreme Court over conceptual problems in distinguishing patent unreasonableness from reasonableness, a dispute fuelled by this court’s continued attempts to justify a standard of review that allowed for a tribunal’s right to be wrong. It is argued that patent unreasonableness had become less of a standard of review and more of a simple expression of judicial censure for egregious fault in decision making; a qualifier to a finding of unreasonableness. Arguably that role may have been preserved even with the collapsing of the two standards into one standard in Dunsmuir. While Dunsmuir should have clarified many of the issues the three-way difference of opinion in the Court demonstrates continuing deep rifts that may portend further uncertainty. Uptake by lower courts indicates otherwise. / Thesis (Master, Law) -- Queen's University, 2009-03-17 14:58:15.299

Six out of every ten children in South Africa are living in poverty. This situation is aggravated by the AlDS pandemic. The pandemic is also the cause of a generation of AlDS orphans and as a consequence a lot of pressure is put on society's resources. Although the fundamental rights of children are entrenched in the Constitution of the Republic of South Africa, 1996, the current legal and administrative framework is not being implemented effectively in order to realise these rights. The Constitutional Court has adjudicated upon several matters regarding the realisation of socio-economic rights, thereby confirming that socio-economic rights are indeed justiciable. This research is specifically concerned with the realisation of children's right to have access to health care as entrenched in sections 27 and 28(l)(c) of the Constitution. Read with section 7(2) of the Constitution, this right places negative as well as positive obligations on the state to respect, protect, promote and fulfil children's right to have access to health care. Children's right to health care are however dependent on the internal limitations contained in section 27(2) of the Constitution which states that the state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of these rights. Having ratified the UN Convention on the Rights of the Child (CRC), the state is further bound to recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. Parties to the CRC shall also strive to ensure that no child is deprived of his or her right of access to such health care services. Good health is dependent on more than a mere right to have access to health care. In order to ensure the highest attainable standard of health for all children, it is necessary that the available services are affordable and accessible on an equitable basis. Access to health care should be seen as part of a more comprehensive social protection package to ensure a minimum standard of living, consistent with the value of human dignity in our Constitution. In order to achieve this, the fragmented health care system which existed before 1994 and which was mainly a result of the previous dispensation of oppression and racial discrimination, had to be transformed in order to reach the ideal of improving the quality of life of all citizens as contained in the preamble of the Constitution. Ten years after the inception of the new constitutional dispensation, it can be said that the government is making progress with the transformation of the health system and making it accessible to all people, including children. After extensive research on the legislative and other measures that the government has implemented in order to realise children's right to access to health care, the following conclusions has been reached: State policies regarding health care are taking account of the needs of children as a vulnerable group of society and it can be said to be reasonable in the formulation thereof. Regarding the implementation of these policies, much remains to be done to ensure that the benefits thereof reach the children, especially more vulnerable groups such as street children and child-headed households - a common occurrence with the high prevalence of HIVIAIDS in South Africa. The enactment of the National Health Act 61 of 2003 is still awaited although it has already been signed. This legislation provides a national framework of norms and standards regarding the health care system and it is mainly based on the rights of patients. A new Children's Bill [B32 - 20031 has been introduced to parliament. The bill deals extensively with the rights of children as contained in the Constitution and also aims to give effect to governments' obligations in terms of the CRC. The enactment of the bill should be given priority, although measures should be implemented to ensure that health care services are also accessible to children who are not assisted by adults such as child-headed households. The allocation of public funds should be considered in order to provide better social assistance to families in dire need but mechanisms to ensure that children benefit from social grants must be implemented. Many of these grants are being abused by parents which means that although the grants are available, the money is not always spent to better the plight of the children. This is especially important in the light of the fact that the primary obligation to take care of children vests in the parents. The courts and especially the Constitutional Court, has taken their role in realising socio-economic rights seriously and very important guidelines has been formulated regarding the reasonableness of legislative and other measures in this regard. After the Khosa-case it should be said that although the courts are allowed to overstep the boundaries of separation of powers, they should not rewrite these boundaries by not taking appropriate account of the availability of financial resources. This also applies to the executive and legislature which should act more effectively to implement the court's decisions. The Human Rights Commission is playing an important role with regard to the realisation of socio-economic rights by monitoring and evaluating the implementation of government programmes and legislation. The Commission also provides valuable guidelines with regard to the realisation of socio-economic rights in the form of annual reports submitted to parliament. It is submitted that the Commission should however consider to define minimum core obligations of socio-economic rights since the Commission is better equipped to do this than the courts are. / Thesis (LL.M. (Public Law))--North-West University, Potchefstroom Campus, 2005.

Could it be stated that the fulfillment of the causality principle is required in order for expense deduction to be applied? And, can criteria such as reasonability and normality be considered complementary to causality in Peruvian domestic law? In the present article, the author analyzes how the causality principle is configured in our legal system, and explains the importance of its subjective and objective division. He also ends up examining the concept of necessary expenditure from, as understood in local and foreign jurisprudence. / ¿La deducción de gastos está supeditada al cumplimiento del principio de causalidad? ¿Se puede afirmar la existencia de razonabilidad y normalidad como criterios complementarios al de causalidad en nuestro ordenamiento jurídico? En el presente artículo, el autor buscará analizar cómo se configura el principio de causalidad en nuestro ordenamiento, a partir de su división subjetiva y objetiva. Asimismo, se estudiará el concepto de gasto necesario a partir de la jurisprudencia nacional y extranjera.

Este artículo hace una revisión a los contenidos más sobresalientes y polémicos del nuevo marco normativo de las aguas en el Ecuador, particularmente de la Ley Orgánica de Recursos Hídricos, Usos y Aprovechamiento del Agua —vigente desde la segunda mitad de 2014—, apoyándose en la categoría de «discurso del derecho» desarrollado por el jurista Óscar Correas e identificando tensiones entre las construcciones discursivas que le han dado forma. Se concluye que esta ley, que refleja la concepción política en torno a la gestión de las aguas por la «Revolución Ciudadana», da cuenta de la perspectiva de un sector que, desde el control vertical del aparataje estatal, alienta una modernización capitalista de la economía buscando sostener y ampliar el aprovechamiento rentista del agua. / Based on the concept of «law discourse content» developed by Óscar Correas, this article examines the more outstanding and controversial issues of the new water regulation framework in Ecuador, with emphasis on the «Ley Orgánica de Recursos Hídricos, Usos y Aprovechamiento del Agua», in force since second half 2014, andidentifying the tensions between the discursive constructions that frame the new regulation. This leads us to the following conclusion: the law reveals a political conception on water management by the «Citizen Revolution» which, from the vertical control of the state apparatus, encourages a capitalist modernization of the economy seeking to support and expand a rentier use of water.

This thesis focuses on the law of self-defense in the United States, in a context of domestic violence. The starting point is the work of Cynthia Gillespie, a US attorney whose groundbreaking work in 1989 shed light on the many legal obstacles battered women defendants face in Courts while pleading self-defense to homicide charges. Gillespie argued that some of the requirements inherent to the law of self-defense create unfavorable outcomes when applied to the context of domestic violence. The aim is to understand how the issue has evolved today, through the study of a single case ruled in 2019, “People V Addimando”. The conclusion is that there are some positive evolutions even if some severe obstacles remain. Some hope is to be found with the introduction of a new bill, the DVJSA, which is retroactive.

O objetivo deste trabalho foi o estudo da teoria da avoidability ou duty to mitigate the loss à luz do Direito Brasileiro. Sua escolha decorreu do fato de o ordenamento pátrio, diferente de outros tantos, não prever a existência expressa de um dever ou mais propriamente de um ônus de o contratante inadimplido adotar as medidas razoáveis ao seu alcance para reduzir as perdas e danos causados pelo inadimplemento do outro contratante. Do estudo do direito estrangeiro, procurou-se compreender as principais características do instituto, bem como as críticas feitas a ele, para que sua estrutura e suas possíveis objeções pudessem também ser examinadas sob a perspectiva do direito nacional. Demonstrado que o problema da redução dos prejuízos pelo próprio credor da indenização não poderia ser satisfatoriamente resolvido ao menos não integralmente sob a perspectiva da causalidade concorrente, e que não haveria nenhum óbice intransponível à adoção da regra, passou-se a avaliar se ela já seria uma leitura possível do princípio da boa-fé objetiva. A conclusão alcançada com base na doutrina, e posteriormente confirmada com o posicionamento jurisprudencial, mostrou-se positiva. Demonstrou-se, portanto, que a mitigação de danos pelo credor é um ônus decorrente da cláusula geral que impõe aos contratantes o dever de agir com probidade e boa-fé, dever esse que não é afetado sequer pelo inadimplemento da prestação principal pela contraparte, sob pena de o exercício do direito de indenização tornar-se abusivo. A ausência de uma regra expressa que imponha ao contratante inadimplido o ônus de mitigar seu próprio prejuízo não impede, pois, o reconhecimento da regra no Direito Brasileiro, de modo que sua positivação expressa, embora disponível, traria como única vantagem a maior clareza sobre as regras de responsabilidade contratual, com a facilitação apenas relativa do processo decisório nesses casos. / The purpose of this work was to study the theory of avoidability or the duty to mitigate the loss in light of the Brazilian law. Its choice arose from the fact that the domestic legal system, different from many others, does not set forth the express existence of a duty or more properly of a burden of the breached against party to adopt the reasonable measures available to him/her in order to reduce the losses and damages caused by the breach by the other contracting party. The study of the foreign law was sought to allow the understanding of the main characteristics of the rule, as well as the criticisms raised against it, so that its structure and its main objections could similarly be assessed under the perspective of the national law. Once demonstrated that the problem of the reduction of losses by the creditor himself/herself could not be satisfactorily resolved at least not totally based on the joint causation and that there was no unbridgeable obstacle to the adoption of the rule, it was then evaluated whether it was already a possible construction of the principle of good faith. The conclusion reached based on the literature and afterwards confirmed by the case law was positive. It was evidenced, therefore, that the mitigation of damages by the creditor is a burden arising from the general clause that poses on the contracting parties the duty to act with correctness and good faith, duty which not affected even by the breach of the main obligation by the counterpart, under the consequence of the right to damages being exercised abusively. The lack of a express rule that poses a burden on the breached against party to mitigate his/her own losses does not prevent, thus, the recognition of such a rule in the Brazilian legal system, meaning that its formal adoption, although unessential, would only bring the advantage of more clarity on the rules of damages arising from the breach of contract, with a mere relative facilitation of the decision process on these cases.