本論文對當代美國的法律解釋發展做初步的探討。美國聯邦最高法院近30年來有意識地使用二種法律解釋方法來確認具歧義的法律條文的文義。第一種方法是立法目的主義，它主張法院可以使用各種立法史資料來探究立法者的原意與立法目的，以確認法律的本義。第二種方法是強硬文本主義，它主張法院只能通過法律制定當時的公民對法律的通常理解來發現法律的一般與客觀意義。在過去三十年，當處理不明確法律意義的問題時，這二種方法支配了美國聯邦最高法院的法律解釋論證。 由這二種方法所引發的論爭不僅涉及法律解釋，還涉及立法學與權力分立，這是為什麼它們會成為過去30年間美國法學者間持續爭論不休的議題的原因。我在這篇論文將展示這段論爭，也就是關於聯邦最高法院的判決發展史中的法律解釋的種種爭論，以及它們與立法學和權力分立問題的關聯。本論文使用二種分析方法來釐清以上立法目的主義與文本主義的論爭，它們是聯邦最高法院的判決發展史分析以及法律解釋概念發展史分析。此外我在分析過程中還加入了當代最具爭議的Chevron U.S.A., Inc. v. NRDC案，使我的論證能夠將立法目的主義與文本主義的不同特性放大，並因而能清楚揭示它們之間的關聯。 在本論文第一章，我將提出二個案例，以說明立法目的主義與文本主義對於法律解釋如此重要的理由。在第二章，我介紹1980年代的制定法解釋發展史。我在第三章說明Chevron案，以及圍繞著Chevron案進行的法律解釋論爭。在第四章，我根據先前的分析成果對法律當代法律解釋論爭提出批判。而在作為結論的第五章，我指出強硬文本主義和強硬立法目的主義無法自足地解釋不明確法律，而對於這二個基礎主義法學，我們都應該謹慎看待，不要懷著不切實際的信心。 / The thesis provides a preliminary inquiry for statutory interpretation in modern America. In recent decades in America, Supreme Court of the United States (SCOTUS) intentionally used two types of statutory interpretation to ascertain the meaning of the ambiguous text of a law. The first is moderate purposivism, which contends that the court could use several materials of legislative history to confine the intent or purpose of the legislature so as to ascertain the appropriate meaning of a law. The second is textualism, which argues that the court could only find the ordinary and legitimate meaning of law from the perspectives of citizens when the law enacted. These two approaches have dominated the arguments of statutory interpretation at SCOTUS when she dealt with the cases which involved law with ambiguous text for more than thirty years. The debates caused by these two approaches are not only on statutory interpretation but also legislation and separation of powers. This is the reason why they became the most controversial issues among the legal scholars of American for recently 30 years. In this thesis, I will present the debates of statutory interpretation at SCOTUS, and their connections with problems of legislation and separation of powers. The thesis uses two analytic approaches to clarify the debates of purposivism and textualism. These two approaches are the history of related decisions at SCOTUS and history of concepts of statutory interpretation. In addition, I add the most controversial case Chevron U.S.A., Inc. v. NRDC around the 1990s into the last analysis. Through Chevron, the thesis could amplify the different characters of purposivism and textualism, and hence to disclosure the correlations among them. Chapter I proposes two examples in Taiwan to explain why purposivism and textualism are so important to statutory interpretation. Chapter II mentions the history of statutory interpretation at the 1980s. Chapter III resorts to Chevron and the debates about statutory interpretation encompass Chevron. Chapter IV offers some critical comments on above achievements of analysis. In the conclusion, I argue the hard textualism and purposivism are not self-sufficient to interpret the ambiguous text of a law, and we must carefully consider any version of foundationalism and its impacts.

Statutory social work is a mode of intervention within social work which poses many emotional and physical challenges to social workers. Social workers execute the implementing of the Children's Act (Act 38 of 2005) through the statutory removal process and they are the primary facilitators of this process. The goal of the statutory removal process is to protect children from abuse, neglect and exploitation by their biological parents or carers. Although research has been done previously about the experiences of social workers with regards to the statutory removal process, the research was limited to studies in America and England. The goal of this study was to explore the experiences of social workers concerning the statutory removal process in South Africa in order to determine what the influences of these experiences were on the implementation of the statutory removal process. The research study is a qualitative study and a phenomenological strategy was followed to determine the social workers' experiences of the statutory removal process. The researcher made use of non-probability sampling through purposeful sampling to select participants for the study. Unstructured interviews were conducted with 26 social workers who are directly involved with the statutory removal of children. Interviewing took place until a saturation point was reached in the study. All interviews were transcribed for the purpose of data analyses, after which themes and sub-themes were identified. The themes and sub-themes were verified against existing literature, after which conclusions and recommendations were made. / MSW, North-West University, Potchefstroom Campus, 2014

Thesis with the topic "Types of action in The Civil Process" The objective of the thesis with the topic "Types of action in The Civil Process" is to offer a comprehensive view of the positive treatment of various types of action in the Czech civil procedural law. The action is a significant procedural institution, which is considered a universal means of protection of rights, and in both theory and practice it is treated with due importance. The thesis is divided in eleven chapters. In the first half, I define general characteristics of the action and its legal effects; in the second, I deal with the individual types of action in detail and analyse their specifics by means of a detailed of the literature and case law review method.

The thesis deals with the legal regulation of protection of personality rights. According to the certain changes in personality protection legal regulation caused by recent adoption of new Civil Code, Law no. 89/2012 Coll., the topic appears to be up to date. The aim of this thesis is to bring current legal regulation of this issue in its general terms. The thesis is divided into eight chapters. The first chapter explains basic terms such as personality and general right of personality. Second chapter describes the historical evolution of legal regulation with the main focus on Czech territory. The third chapter examines the existing legal sources affecting the protection of personality. The fourth chapter discusses personality rights entities and it is followed by the definition of the scope of personality protection rights. The sixth chapter explores the methods how is it possible to restrict personality rights, both from the will of concerned person and against it, especially in the form of so called statutory licenses. The seventh chapter, which is also the most extensive one, regulates the legal means of protection of personality rights, private means as well as public ones. In the field of private law the different types of claims which can arise as a result of personal's rights infringement are...

This thesis describes the development process and the establishment of audit in the Russian Federation, the classification of audit activities, legislation and regulation of auditing services in Russia. Within the practical part is compared the statutory regulation of audit in Russia and the European Union.

The aim of this diploma thesis is to draw attention to possibilities of presentation of arts in the public space and its benefit for Arts and cultural organisations marketing. The thesis concentrates on the area of Statutory city of Brno and provides both evaluation of benefits of selected implemented events and results of my own marketing research. In the introductory part of the thesis, there are some important theoretical expresions and contexts explained. Furtheremore, there are described possibilities of elimination of barriers of both the access and approach of the public to arts through their presentation in the public space. An important part of the thesis deals with presentation of arts in the space of shopping centre Galerie Vaňkovka Brno and provides particular examples which demonstrate benefits of cooperation of a shopping centre with individual artists or cultural institutions. The most significant point of the thesis is the marketing research conducted among visitors to Galerie Vaňkovka. On the sample of 200 respondents I examined how the visitors to Galerie Vaňkovka perceive presentation of arts in the space of shopping centre. The conclusion which I reached is that presentation of arts in such spaces can support significantly the marketing of arts and cultural institutions.

Die Regelungen zur Unabhängigkeit des Abschlussprüfers insbesondere bei Abschlussprüfungen konzernverbundener Unternehmen sind in den letzten Jahren - zuletzt in Folge der Finanzkrise 2007-2009 – auf den Prüfstand gestellt worden. Mit der Verordnung (EU) Nr. 537/2014 und der Richtlinie 2014/56/EU und deren Anwendung zum 17.06.2016 sowie der Umsetzung der europäischen Vorgaben auf nationaler Ebene durch das AReG und das APAReG sollte die Unabhängigkeit des Abschlussprüfers gestärkt werden. Eine Untersuchung des Rechtsrahmens vor und nach der Umsetzung der sog. EU-Abschlussprüferreform 2014 in deutsches Recht zeigt auf, an welchen Stellen Verbesserungen erfolgt sind und an welchen Stellen noch immer Handlungsbedarf besteht. / The regulations regarding the independence of the auditor in particular when the subject of the audit is an affiliated company, have been critically questioned, at least as a consequence of the financial crisis 2007-2009. With the Regulation (EU) Nr. 537/2014 and the Directive (EU) 2014/56/EU and their application until 17.06.2016, as well as the implementation of the European requirements at national level by AReG and APAReG, the independence of the auditor should be strengthened. An analysis of the legal framework before and after the implementation of the so-called EU audit reform 2014 into German law, demonstrates where improvement has been achieved and where there is still a need for action.

O tema desenvolvido na tese diz respeito à suspensão do exercício de direitos do acionista, por deliberação da assembleia geral, na hipótese de descumprimento de determinados deveres societários pelo sócio. A suspensão de direitos tem como fundamento legal os artigos 120 e 122, V, da Lei n. 6.404, de 15 de dezembro de 1976 (Lei de Sociedades Anônimas). Não há previsão legal homóloga em direito comparado. No Brasil, a temática não foi objeto de estudo monográfico específico e detalhado. A tese procura, assim, sistematizar a matéria e oferecer contribuição original para o desenvolvimento do tema investigado. Na primeira parte, apresenta-se o tratamento normativo em matéria de suspensão de direitos do acionista a partir de escorço histórico da legislação brasileira e analisam-se os fundamentos teleológico e dogmático do instituto. A segunda parte estrutura-se em torno das posições jurídicas subjetivas passivas e ativas do acionista. Identificam-se, nesse contexto, quais são os deveres do acionista que, uma vez violados, constituem-se como hipótese de aplicação do art. 120 da Lei de Sociedades Anônimas e quais direitos, poderes e faculdades podem ter o seu exercício suspenso pela assembleia. Na terceira e última parte são destacados os aspectos controvertidos em torno da assembleia geral na qual se pretende deliberar sobre a suspensão dos direitos do acionista. Em especial, os problemas vinculados à competência privativa da assembleia, ao método assemblear e aos efeitos da deliberação e o controle desta. / The subject developed in this thesis regards the suspension of shareholders rights, through deliberation in shareholders meetings, in the event of failure to comply with corporate duties by the partner. The suspension of rights has as a legal basis the articles 120 and 122, V, of Law 6,404, of December 15, 1976 (Brazilian Companies Law.). There is no analogous legal provision in comparative law. In Brazil, the subject has not been the object of specific and detailed monographic study. The thesis therefore aims at systematizing the subject and offering an original contribution to the development of the subject investigated. In the first part, the regulatory treatment of the suspension of shareholders rights is presented by means of a historic foreshortening of Brazilian legislation and the teleological and dogmatic foundations of the institution are analyzed. The second part is structured around shareholders subjective legal positions, active and passive. In this context, we identify the shareholders duties that, once violated, provide grounds to the application of Article 120 of the Brazilian Companies Law and which rights, powers and faculties might have their exercise suspended by the shareholders meeting. The third and last part highlights the controversial aspects around shareholders meetings which deliberate upon the suspension of shareholders rights. In particular, the problems related to the assembly jurisdiction, the assembly method and the effects of its deliberation and control.

A tese propõe uma análise multidisciplinar e dogmática da arbitragem societária, notadamente do processo de inclusão de cláusula compromissória no estatuto social de sociedades anônimas fechadas, com base em uma deliberação assemblear tomada pela regra da maioria (fase pré-arbitral). O ponto de partida do trabalho é o exame da dimensão jurídica do contrato de sociedade aliado à verificação dos limites da autonomia privada dos sócios na definição da estrutura do negócio jurídico societário, à compreensão da categoria dos direitos subjetivos e dos traços fundamentais que formam a tipologia das anônimas fechadas, incluindo o tratamento dado aos direitos individuais dos acionistas. Ato contínuo, desloca-se a discussão para as esferas arbitral e constitucional, com especial atenção para os pressupostos da arbitragem como método de resolução de conflitos. O cerne do trabalho reside na relação entre a situação subjetiva ativa do acionista de manifestar sua vontade favorável ou contrariamente à escolha da arbitragem e a eficácia da regra da maioria como pilar de funcionamento das sociedades anônimas. Sustenta-se que a escolha da arbitragem constitui um direito fundamental de todo o acionista, cuja renúncia depende de manifestação, expressa ou tácita, de sua vontade, a qual não pode ser elidida ou alterada pelo estatuto ou pela assembleia geral majoritária sem o seu consentimento. Após examinar as correntes doutrinárias sobre o tema no Brasil e as possíveis alternativas para resolver o imbróglio, o estudo concluiu que a alteração legislativa que cria uma hipótese adicional de recesso representa a melhor solução para a problemática. / The thesis examines arbitration in corporate law, namely the inclusion of a statutory arbitration clause in the by-laws of a closely held corporation based on a deliberation taken by the majority rule (pre-arbitration phase). The study starts by analyzing the legal aspects of the corporate contract together with the limits of shareholders autonomy in defining the structure of such contract and the characteristics that form the typology of corporations, including shareholders individual rights. The discussion then moves on the arbitration and constitutional spheres, particularly to the premises of arbitration as a form of settling conflicts. The core of the thesis is the relation between the prerogative of a shareholder to express its will in favor of or against arbitration and the incidence of the full effects of the majority rule as an essential element in the structure of a corporation. The study sustains that the choice for arbitration is a fundamental right of all shareholders, which is why renunciation depends on their express or tacit individual manifestation and therefore, majority deliberation cannot in itself insert or remove it from by-laws. Finally, the thesis provides different scholars understandings on the issue as well as the main possible alternatives to dealt with it. The creation of an additional hypothesis of appraisal right within the existing law is suggested as the best solution to solve this conundrum.

‘Tell me and I'll forget. Show me, and I may not remember. Involve me, and I'll understand.’ (Chinese proverb) Why is it that children in Year 6 have the ability to construct stories independently, yet at the start of Year 7 the same children have difficulties recalling this knowledge and understanding? Transfer from primary to secondary education has been widely debated for a number of decades. Despite this, Evans et al.’s (2010) evaluation of transition concluded that for over 20% of transferring children, the process remains problematic, leading to inconsistent progress, both academically and socially. Transition research has focused significantly on process and procedures, accumulating data from a wealth of stakeholders, but largely neglecting the voice of the child experiencing this process. My research centres on the child, documenting their learning journey through their transition from primary to secondary school. Galton et al (1999b) identify three elements supporting a child’s continuation of learning post- transfer: enthusiasm for learning; confidence in themselves as learners; and a sense of achievement and purpose. A significant contribution to these qualities is the socio- constructivist view that ‘talk drives learning.’ Clear differences in progress, learning and teaching are contained within the microsystems of classroom life. Therefore, to deepen understanding of contexts of transition it is essential to focus research on language and relationships within such systems. Bronfenbrenner’s bio-ecological framework (1979) provides a basis for an analysis of the contribution of microsystem relationships and sub- cultures to the social matrix of different and progressive classroom environments. My research used an exploratory multi-case study approach (Merriam, 1988a; Yin, 2009). Three distinct models of transfer were identified and examined in depth. Within each of these cases, the learning of a group of children was observed and key points discussed with them throughout the transition process. Therefore, my research explored transition in the broadest sense, through the child’s experiences. The research moved beyond myth and procedures in order to understand the tools a child needs to transfer into secondary school to ensure sustainable progress and enjoyment of learning. Each of the cases had their own model of transfer. The first, Case1, considered children transferring from the more ‘traditional’ primary school into a ‘secondary’ school. In the second, Case 2, children transferred within an ‘all-through’ school within the same building. The third, Case 3, operated within the experience of Case 2, but transferred from their primary setting into the all-through school (the same school as Case 2). The study expected Case 2 as being the best model of transfer and provider of seamless progression of learning for children in Years 6 and 7. However, each model had case-dependent issues that affect a child’s progress within the wider contexts of transition. As a result, the study acknowledged the impact of previous research and further considered this study’s impact on learning in meso and microsystems. Three main, associated arose across the case studies. The first considered teacher provision during the transition period identifying: • the importance of learning roles and relationships between the child and their teacher, and the child and their peers. • structures of accountability generated by Statutory Assessment Tests (SATs). Within a culture of test-based curriculum structures, the study discusses the impact on children’s learning within continual testing and reporting frameworks. It does not discourage the importance of developing basic skills, but considers the purpose of continually tracking and monitoring children throughout their transition period. The importance of standardised test scores is questioned, as these routines are not followed through post-SATs. • children encouraged to participate in new learning routines and contexts. However, the study identifies an absence of sufficient communication between schools that diminishes consistency of learning opportunities during transfer. In addition, the study highlights differing definitions of independent learning between individual school and classroom contexts. The second considered barriers to the continuous development of independent learning. It further identified the distorting influence of SATs, firstly on a child’s development of independent learning, and secondly, on differences of definition between primary and secondary contexts. It suggested that skills recognised in independent learning are situated within almost singular contexts of primary school. When transferring to secondary school, there is an increased challenge for children to transfer these skills into multifarious contexts. Finally, the study identified the differing challenges of language demands on a child’s continuous learning, specifically • inconsistencies of curriculum terminology between primary and destination schools. • differing language clusters that children develop during group work. I observed that these clusters were transferred within each independent learning activity, but were not recognised in the analysis of my secondary classroom observations. This raised the issue of teacher expectations, questioning whether on transfer teachers expect all children to be classified as ‘workers’, rather than consultant, leader, engineer or technician within group and learning activities. • the role of ‘strong’ and ‘weak’ learning relationships between effective partnerships of ‘novice’ and ‘expert’, concluding that weak novice-to-novice relationships affected the continuity of learning. Findings common across all three cases exposed wider implications for transition. These were compared to the ORACLE studies (Galton et al, 1999b; Hargreaves and Galton, 2002). Recommendations offered were to: • ensure the continuity of learning progression, • promote active participation in learning, • improve the quality of children’s work during the transition period.