This research study deals mainly with the educator professionalisation in the post democratic South Africa, paying attention to the role of a professional council in promoting educator professionalism. The status and image of teaching in this country seem to have been viewed From the racial and cultural differences of communities previously. The democratic dispensation brought an end to this unfair racial and cultural discrimination in the education system through the establishment of a non-racial professional council for educators (i.e. SACE). The research aims are to determine: - The characteristics of a professions and those needed for educator professionalism; and - the role of the a professional council in promoting educator professionalisation. In order to attain the above-mentioned research aims, a literature review and an empirical investigation were undertaken. The literature study was used to clarify concepts such as occupation, semi-profession, profession, professionalisation and professional status. Secondly, characteristics or common features associated with traditional models of professions (ie. accounting, law and medicine) were discussed from a theoretical point of view. Lastly, the literature study highlighted the establishment of professional councils for educators in other parts of the world, including South Africa. The different forms of legislation and policy documents applicable in education were discussed. In order to determine the extent to which teaching adheres to or fulfils the characteristics associated with a profession, teaching was tested against these characteristics. The history of the establishment of SACE was briefly discussed and the objectives or role of this organisation in educator professionalisation concluded this chapter. The empirical research was conducted by using the questionnaire as a measuring instrument. The advantages and disadvantages of the questionnaire as measuring instrument were highlighted. The target population comprises of 239 educators from a total population of 2070 educators in Lejweleputswa and Northern Free State Education Districts -Free State Province. The data collected in the investigation was processed through the SAS computer package to establish frequencies and percentages of responses mean scores ranking, t-test procedures and the effect sizes. The results were then presented tables, analysed and interpreted in accordance with the literature study. The literature study revealed that like all other occupations, teaching aspires to attain recognition and status as a profession. It was also revealed that teaching partially satisfy characteristics associated with professions. The empirical study revealed that the employment of un- or under qualified educators is still prevalent in South African schools. In the last chapter, Chapter 5, conclusions from the literature review and empirical investigation were drawn. The recommendations with regard to the role of SACE in educator professionalisation were provided. Finally based on the research, future research studies in SACE and educator professionalism were recommended. / Thesis (M.Ed.)--North-West University, Potchefstroom Campus, 2006.

Uppsatsen behandlar det förstärkta laglottsskyddet i 7:4 ÄB som är en viktig del av den svenska successionsrätten samtidigt som den är svår att tillämpa i praktiken. Det är därför av vikt att bringa klarhet i detta komplexa rättsområde. Syftet med uppsatsen är därav att utreda gällande rätt kring denna rättsregel och påvisa samt analysera de praktiska tillämpningssvårigheter rättsregeln ger upphov till för domstolen med avsikt att undersöka om den är i behov av en reform av något slag. För att uppnå detta syfte används en rättsdogmatisk metod, där rättspraxis har en framträdande betydelse i uppsatsen. När någon avlider ska dennes kvarlåtenskap fördelas genom den legala arvsordningen om inget testamente har upprättats. En arvlåtare kan fritt testamentera bort den ena halvan av arvslotten medan den andra halvan utgörs av bröstarvingarnas laglott. En bröstarvinge är alltid berättigad att utfå sin laglott, vilket föranleder att en bröstarvinge kan påkalla jämkning av ett testamente som inskränker hens laglott. Det förstärkta laglottsskyddet ger bröstarvingar ett ytterligare laglottsskydd. Rättsregeln aktualiseras när en arvlåtare har bortgivit egendom under sådana omständigheter eller på sådana villkor att gåvan är att likställa med testamente och särskilda skäl ej föreligger. Om gåvan inskränker en bröstarvinges laglott ska gåvan återbäras till dödsboet. Kan gåvan inte återbäras ska ersättning motsvarande gåvans värde utgå. I rättsregelns ordalydelse återfinns tre stycken vaga rekvisit, vars innebörd har utkristalliserats i rättspraxis. Domstolen har därav tolkat vad som innefattas i begreppet gåva, vad som ska likställas med testamente samt när särskilda skäl ska anses föreligga. Vid en tillämpning av rättsregeln måste domstolen således beakta dessa vaga rekvisit, som till sist utmynnar i en subjektiv bedömning. Med det i beaktande och i samband med att vissa situationer faller utanför rättsregelns tillämpningsområde, vore det önskvärt med en reform avseende det förstärkta laglottsskyddet. / The thesis discuss the reinforced statutory share of inheritance in the 7th chapter 4 § ÄB, which is an important part of the Swedish inheritance law but likewise difficult to implement practically. It is therefore important to clarify this complex branch of law. The purpose of the thesis is to examine applicable law concerning the legal rule and to detect and analyze the practical implementation difficulties that occur for the court in order to examine if the legal rule is in need of a reformation. To achieve this purpose, a legal dogmatic method is utilized; where case-law have a prominent part of the thesis. When someone passes away, his estate shall be allocated through the legal rule of inheritance if a will has not been created. A devisor freely can bequeath one half of the share of inheritance, while the other half constitutes the direct heirs statutory share of inheritance. A direct heir is always entitled to obtain his statutory share of inheritance, which means that a direct heir can claim a will that circumscribes his statutory share of inheritance. The reinforced statutory share of inheritance gives additional protection of the statutory share of inheritance for direct heirs. The legal rule is actualized if a devisor gives property away during circumstances or upon such terms that the bequest is equivalent with a will and special reasons does not apply. If the bequest circumscribes a direct heirs’ statutory share of inheritance, the bequest shall be refunded to the estate. If the bequest cannot be refunded, remuneration corresponding to the bequest shall be reimbursed. The legal rules’ wording consists of three vague necessary conditions, whose meaning has been crystalized by case-law. The court has therefore interpreted what the term bequest is contained of, what is equivalent with a will and when special reasons shall apply. The court must therefore pay attention to these vague necessary conditions when the legal rule is applied practically, which finally results in a subjective judging. With that in mind and that some situations is not regulated within the legal rule, it would be desirable with a reformation regarding the reinforced statutory share of inheritance.

This thesis examines the impact of local and national education policies on teachers' practice in six secondary schools in two similar, non-contiguous, metropolitan authorities. Ten propositions on the relationship between policy and action were generated from a literature review and related to literature on school organisation and culture. Empirical data to test them were collected between September 1987 and July 1989, during the development of National Curriculum legislation and statutory instruments but prior to its implementation in secondary schools. Extended interviews were conducted with sixty-six teachers, the six Headteachers, and both Chief Inspectors. Detailed interview reports were confirmed as accurate with each interviewee. National influences were found to be important, particularly public examination reforms. This was attributed to their public use as indicators of school effectiveness, and to teachers' own positions resting on their own examination success for legitimacy. Personal professional values led to the LEA and its officers being dismissed as insignificant: factors internal to the school were more important. Chief among these was teachers' relationships with their departmental colleagues, especially how their perception of their needs and obligations as teachers of particular subjects, with particular epistemologies, affected departmental opportunities as management units to influence individual practice and require conformity to external requirements. Relations with senior staff were also important, and how far informal networks of power and influence operated against the formal hierarchies. Lastly, personal professional values stressed classroom experience as the only satisfactory basis for offering direction or guidance to teachers. This view of the teacher as expert emphasised that teachers must ultimately have autonomy to decide how best to handle classroom situations, and not only downgraded LEA staff and teacher education as sources of assistance, but also worked to prevent teachers from acknowledging problems to their colleagues.

This thesis reports on a study into the decision-making that takes place within the six monthly statutory review of the cases of children in the care or under the supervision of the Local Authority. The research had four aims: 1. To develop a typology of review decisions whereby decisions taken in reviews could be classified according to their salient features. 2. To ascertain the level of the subsequent implementation of the decisions taken in reviews and to consider what factors contribute to or hinder their implementation. 3. To identify the functions of statutory reviews and the perceptions of the members of social work teams of the functions appropriate to reviews. 4. To consider the role and the importance of statutory reviews within the context of overall child care practice. The empirical research was undertaken in three social work area offices within one local authority. Information was gathered from almost three hundred reviews. The researcher, having first read the case record, attended two consecutive six-monthly reviews on the child. The social workers involved in these reviews were questioned on their opinions on reviews in general and on each review attended. Those 'researched' reviews gave rise to almost nine hundred review decisions, which were analysed according to the typology of decisions, and the level of their subsequent implementation was assessed. This study was designed as a policy-orientated study. Hence the research is presented first, within the broad context of developments in child care policy since the war, and second, in relation to the literature on statutory sreviews arising both from research studies and from policy documents. Furthermore, the concluding chapter points to the policy implications that may be drawn from the research findings, together with suggestions for policy changes.

L’écart entre ce que le public attend de la part de l’auditeur et ce que ce dernier pense réaliser est connu sous le vocable d’ « expectation gap ». Cette recherche a pour ambition de contribuer à la compréhension de ce phénomène. Nous appréhendons l’ « expectation gap » dans ses dimensions discursive et normative. Ceci nous conduit à poser les deux questions de recherche suivantes : - Comment et pourquoi le concept d’ « expectation gap » a-t-il émergé dans le discours de la profession d’audit ? - Quel est le rôle des normes d’audit dans la réduction de l’ « expectation gap » ? Notre démarche méthodologique, qui s’inscrit dans le contexte français, comporte trois phases : une étude documentaire longitudinale, une enquête fondée sur des entretiens et l’étude du cas de la norme NEP 705 « Justification des appréciations ». Elle permet de montrer que le concept d’ « expectation gap » a été introduit en France dans les années 1990 sous l’impulsion d’institutions européennes et internationales. L’ « expectation gap » est utilisé dans les discours comme une excuse permettant aux auditeurs d’échapper aux accusations du public et de conserver leur statut et leur position sur le marché. De surcroît, les normes d’audit en France non seulement ne permettent pas de réduire l’ « expectation gap », mais jouent au contraire un rôle légitimant. / The « expectation gap » is defined as the gap between what the public expects from the auditor and what the auditor expects to achieve. The present research treats the expectation gap in its discursive and normative dimensions. It aims to contribute to the understanding of the expectation gap phenomenon by examining the following research questions: How and why the concept of «expectation gap» has emerged in the discourse of the audit profession? And what is the role of auditing standards in the reduction of the expectation gap? We address these questions within the French context using a methodological approach that consists of three phases: a longitudinal documentary study, a survey based on interviews, and a case study of the standard NEP 705 «Justification of assessments». We find that the concept of «expectation gap» was introduced in France in the 1990s under the influence of European and international institutions. We also find that the expectation gap is used in discourses as an excuse allowing auditors to escape public accusations and maintain their status and position in the market. Finally, we find that auditing standards in France not only don’t reduce the expectation gap, but actually play a role in legitimizing it.

Decision-making by the statutory body in the relation to the capital company's internal affairs Abstract This dissertation considers the issue of decision-making by the statutory body in relation to the internal affairs of a capital company. The second chapter analyses existing case law concerning the concept of business management and compares it with doctrinal sources. In this context, business management is distinguished from other areas of responsibility the statutory body has in relation to the company's internal affairs. It also assesses to what extent the designation of business management as an internal branch of power is truly appropriate. The subsequent chapter discusses the competencies of the general meeting which directly affect the area of making business decisions; namely the amendment of articles of association, the approval of substantial property transactions and the power of general meeting to lay down the basic principles of how the business is managed. The fourth chapter is about the boundaries arising from the very notion of business management as compared to doctrinal sources and the practice of the courts. It draws conclusions from own research as well. In the fifth part of the dissertation, the process of decision-making in regard to business management is analysed. In particular it...

The thesis deals with an acting on behalf of legal entity. Its aim is not to produce a comprehensive elaboration on the subject matter but to focus on judicial decisions of the higher courts with an effort to fill in gaps in legislation and to clarify dubious parts of the legal text. Chapter One is introductory and defines basic institutes used in the thesis such as management of the company, acting on behalf of legal entity and decision-making. Chapter Two examines an acting on behalf of the corporation by its corporate agent, a set manner of acting, its limitation and consequences of a concurrence of the agents. The chapter briefly mentions an acting in the name of a company before its incorporation and some aspects of powers of a proctor. Chapter Three concentrates on a representation of a legal entity with focus on a substantive representation. In its beginning, there is a brief characterization of a statutory representation and a representation under the power of attorney. Subsequently, the chapter describes individual types of representation by - a chief executive of the structural unit of the legal entity (s. 13/3 of the Commercial Code), a person authorized to certain conduct (s. 15), other person currently present in business premises (s. 16). Finally, it deals with a representation under the power...

Doctor of Philosophy / Department of Sociology, Anthropology, and Social Work / Robert K. Schaeffer / Increasing human population, economic development and climatic changes in Sub-Saharan Africa have caused water scarcity, hence an urgent need for institutional arrangements that will lead to sustainable water management. This study analyzes the impact of customary institutions on rural water management in Tanzania, and shows how they might be used to complement the statutory institutions. The study was conducted in Bariadi district, northwestern Tanzania. The data were collected from household surveys, focus group discussions, key informants, participant observations, photographs, and secondary data sources. The results indicate that customary institutions are the most commonly used in regulating equitable access to water, prevention of water pollution and abuse, and natural resource conflict resolution. The awareness of the customary laws was higher than statutory laws because of the participatory nature of the customary institutions. Statutory institutions were found to be important for regulating water development issues. Villagers were not aware of statutory laws related to equitable water access, and prevention of water pollution and abuse. The study also found that customary institutions tend to discriminate against women. Women do not have land rights and were not allowed to participate in customary institutions activities. These results suggest the need for the government to recognize the importance of customary institutions in water management. The government needs to design policies and strategies that will ensure that women’s rights are respected by the customary institutions. There is also a need for fostering women’s participation in decision making, and designing cooperative institutions that are organized and governed by resource users themselves.

The participation of children and young people (CYP) in decisions affecting them is high on the political agenda. CYP with special educational needs (SEN) in the form of social, emotional and behavioural difficulties (SEBD) continue to be under-represented in the literature with regard to participation and sharing their views. CYP with a statement of SEN must be formally reviewed on an annual basis, which is referred to as the annual statement review (ASR). The current research investigates how CYP with SEBD are presently participating in this formal and regular process that involves reviewing, decision-making and planning around their individual needs. A multiple case study was carried out, which involved two educational provisions, a resource based provision and a special provision, both for CYP with SEBD. Participants included the special educational needs coordinator (SENCo) in each provision, two CYP from the resource based provision, and one CYP from the special provision. Each of the three CYP were the focus of each individual case, with the two CYP from resource based provision being in Key Stage 2 and the individual CYP in special provision in Key Stage 4 of the National Curriculum. Main methods of data collection were semi-structured interview and observation throughout the ASR process. Data was analysed using thematic and content analysis. From a critical realist perspective, the investigation revealed that current practice to enable CYP with SEBD to participate in their ASR was found to be good, although it was proposed it could be better. This overall finding is based on the perspective that CYP should have the opportunity to make an impact on the ASR process as well as the outcome through decision-making, no matter how small the decision is that they are involved with. This was not always the case in the current practice examined in the study, more so with the younger CYP attending the resource based provision. The findings contribute to developing a good practice model for schools to support CYP with SEBD to effectively participate in review, decision-making and planning around their needs in statutory processes. A further research opportunity would be to investigate such practice in specialist provision for CYP with SEBD on a wider scale by using the survey design, to consider the current findings in a wider context.

The thesis framework lies in the analysis of audit growth in the Czech Republic specifically in its legal modification. Initial analysis is based on statutory audit directive 2006/43/EC including new audit infrastructure such as public oversight and systems of quality assurance. Czech legislative acts before and after April 2009 are also considered with respect to digests 254/2000 and 93/2009. A study of the implemented legislation seen in directive 2006/43/EC and its effect in the Czech Republic is undertaken and reviewed.