Thesis (M.A.)--University of Massachusetts Amherst, 2008. / Includes bibliographical references (p. 271-289).

‘(…) to ensure equality for all children, this Regulation covers all decisions on parental responsibility, including measures for the protection of the child, independently of any link with matrimonial proceedings.' [Recital 5 of Brussels II bis] Brussels II bis (Council Regulation 2201/2003) complements the Hague Convention on Child Abduction, with its well-established set of international rules and the related definitions based on a considerable body of case law. The interrelation has given rise to difficulties of application and issues of interpretation despite the existence of a set of rules supposed to regulate the complementary structures. Besides this interrelation, the Regulation interacts with the Hague Convention on Child Protection. Though Brussels II bis has been analysed with regard to different single aspects, it has not yet been considered which consequences the actual provisions of the Regulation and the ECJ’s decisions have both on the interrelation and its application in the national courts. It has further hitherto not been critically analysed whether the Regulation and the judgments of the ECJ take the right direction to meet the ambitious aim defined in the preamble and throughout the text, respecting the ‘best interests’ of the child. Now that a decade of Brussels II bis has passed and with a series of pioneer cases decided by the ECJ and with an intervention of the ECtHR in Convention and Regulation cases, the Regulation’s effectiveness is worthy of critical consideration. Despite the existence of some specific rules on the interrelation of the Regulation and the Conventions, their very co-existence gave rise to various interacting situations and questions of interpretation. For courts familiar with the rules of the Convention on Child Abduction and with at least their own respective national case law arising under it, the application of the added layer of rules of the Regulation and the interpretation of its different concepts was and still remains a challenge. A comparison of Brussels II bis with the two international instruments with regard to the role of ‘habitual residence’ and the suitability of the other central concepts of the provisions for the particularity of family disputes will demonstrate the differences of cases involving the Regulation and those involving the Conventions. III By governing jurisdiction, recognition and enforcement of judgments and orders relating to parental responsibility, the Regulation has a very wide application covering, for example, custody, access, guardianship and even placement of children in foster or institutional care. Further, Brussels II bis takes up concepts which lie at the very heart of the application of the Convention on Child Abduction and about which there is extensive jurisprudence. This thesis will explore a selection of legal issues arising from the interrelation between these private international law instruments dealing with parental responsibility and child abduction which the national courts applying the Regulation are confronted with. The question whether Brussels II bis is an effective instrument which has strengthened the return mechanism under the Convention on Child Abduction and can work hand in hand with the Convention on Child Protection is also important to critically evaluate. It will be considered if the provisions in the Regulation have been drafted clearly enough and the concepts defined so well that they promote the interests of the children concerned, where the provisions are complementing the Convention on Child Abduction, and has learned from the latter’s flaws so as to enhance the recognition and enforcement processes related to child abduction. It will be concluded whether or not the Regulation is an advancement only in terms of having implemented efficient, intra-Community provisions on jurisdiction, recognition and enforcement or a real advancement supporting the ‘best interests’ of the child(ren), despite the complications of application it has introduced.

nÃo hà / O rapto consensual foi uma prÃtica comum em Fortaleza nos anos de 1920-1940. Compreendendo que os indivÃduos, das mais variadas formas, se insurgem diante das imposiÃÃes do Estado, da Igreja e da FamÃlia, percebemos que homens e mulheres, no referido perÃodo, se reinventaram ao lanÃarem mÃo de artifÃcios e de tÃticas que possibilitavam a vivÃncia de um amor proibido. Partindo dessas questÃes, analisamos as promessas e as expectativas que motivaram as moÃas a concordarem e, atà mesmo, tramarem, em parceria com o amado, o prÃprio rapto; problematizamos tambÃm os motivos que conduziram os raptos consensuais ao campo jurÃdico. Por buscarmos entender o rapto a partir de seu carÃter criminal, nossas fontes de pesquisa sÃo processos-crime, inquÃritos policiais, livros de queixas e jornais da Ãpoca. Na documentaÃÃo em anÃlise, procuramos os amores, as promessas, as expectativas, os desejos e os sentimentos que motivaram esses sujeitos a burlarem a ordem social, ao ponto de se arriscarem em uma prÃtica legalmente considerada crime, o rapto. AlÃm disso, buscamos perceber a Fortaleza que estava sendo forjada pelos sujeitos, pois raptores e raptadas negociavam com os cÃdigos da cidade, com os horÃrios e com a prÃpria estrutura das casas, o que resultava em fugas pelo quintal, em raptos ocorridos em espaÃos pÃblicos, como nas estaÃÃes de trem, em raptos com automÃveis ou no ambiente de trabalho. Era nas vivÃncias cotidianas, tornadas banais pela repetiÃÃo do dia-a-dia, que raptores e raptadas conseguiam burlar a vigilÃncia familiar e social. / The consensual abduction was a commom practice in Fortaleza between the years of 1920 and 1940. Understanding that individuals, of various forms, range in front of the State, Church and family imposition, we realize that men and women, in that period, reinvented themselves when they reached out the use of artifices and tactics that enabled the experience of a forbidden love. On this basis, we analyze the promises and expectations that motivated the girls agree, and even in partnership with the beloved, the own abduction; we also problematize the reasons which led the abductions to the legal field consensus. In order to understand the abduction from its criminal character, our sources are criminal proceedings, law enforcement investigations, complaints and newspapers from that time. In the documentation under analysis , we seek love, promises, expectations, desires and feelings that motivated those individuals to cheat the social order, taking risk in a practice legally considered a crime, the abduction. In addition, we seek to realize Fortaleza that which was being forged by the subjects because kidnappers and abducted negotiated with city codes, with Schedule and with the own structure of houses, which resulted scapes through the yard, in abductions in public areas, such as in train stations, car abductions or in the work environment. It was in everyday life, considered banal by the repetition of everyday life, that kidnappers and abducteds were able to cheat family and social vigilance.

Submitted by Geandra Rodrigues (geandrar@gmail.com) on 2018-01-29T11:08:24Z No. of bitstreams: 0 / Approved for entry into archive by Adriana Oliveira (adriana.oliveira@ufjf.edu.br) on 2018-01-29T11:30:08Z (GMT) No. of bitstreams: 0 / Made available in DSpace on 2018-01-29T11:30:08Z (GMT). No. of bitstreams: 0 Previous issue date: 2017-03-09 / CAPES - Coordenação de Aperfeiçoamento de Pessoal de Nível Superior / O presente trabalho dedica-se a investigar a eficiência comunicativa da Wikipedia em reter seus usuários colaboradores, tendo como referência a teoria abdutiva de Charles S. Peirce com base no instinto, que descreve um método inferencial não confinado à categoria científica, mas capaz de desvendar a forma como uma cognição é construída frente a uma situação em que ainda não possuímos hábitos estabelecidos. Sustentados na teoria investigativa de Peirce, partimos de seu conceito de dúvida e crença e sua oposição categórica ao argumento Cartesiano da intuição para chegarmos à sua concepção do instinto e seu papel desempenhado na investigação, compreendendo como este atua na apreensão de uma nova matriz sígnica. Em seguida, fazemos uso de sua teoria do sinequismo para trabalhar a noção de evolução e continuidade nos signos da plataforma. Em nossa investigação sustentamos a hipótese de que a presença de múltiplos signos, cuja apreciação é necessária para participação na Wikipedia, compromete a colaboração instintiva, levando a uma alta taxa de abandono por parte de novos usuários. Buscando compreender a apropriação multicódigos da plataforma e suas potencialidades instintivas, aplicamos um questionário aos usuários recém-cadastrados na Wikipedia Português pelo período de uma semana, avaliando suas primeiras percepções sobre a plataforma. Suas respostas e nossas posteriores análises sustentam as conclusões apresentadas neste trabalho. / This dissertation aims to analyse Wikipedia communicative effectivity which creates a binding with their collaborative real-time editors, having as reference Charles Peirce’s theory of Abduction which is based upon instinct and describes an inferential method non-bounded exclusively to scientific domain that is capable of clarify the ways a cognition act is formed when exposed to a situation to which there is no embedded habits. Supported by Peirce’s investigative theory, this investigation departs from his concept of doubt and belief as well as his categoric opposition to the Cartesian argument of intuition, in order to understand this concept of instinct and its role in the investigation and apprehending of a new sign matrix. Subsequently, we use his theory of synechism in order to develop the notion of evolution and continuity in the sign of Wikipedia platform. In our investigation, we hold to the hypothesis according to which the presence of multiple signs, whose appreciation is needed to take part in Wikipedia, compromises the instinctive collaboration, leading to a high dropout rate among users. Seeking to understand the multicode appropriation and its instinctive potencialities, applying a quiz to newly-registered users in the Portuguese version of Wikipedia during one week, assessing their first perceptions about the platform. Their answers and our later analysis uphold the presented conclusions in this study.

Ladner’s theorem states that if P ≠ NP, then there are problems in NP that are neither in P nor NP-complete. Csp(Γ) is a class of problems containing many well-studied combinatorial problems in NP. Csp(Γ) problems are of the form: given a set of variables constrained by a set of constraints from the set of allowed constraints Γ, is there an assignment to the variables satisfying all constraints? A famous, and in the light of Ladner’s theorem, surprising conjecture states that there is a complexity dichotomy for Csp(Γ); that is, for any fixed finite Γ, the Csp(Γ) problem is either in P or NP-complete. In this thesis we focus on problems expressible in the Csp(Γ) framework with different computational goals, such as: counting the number of solutions, deciding whether two sets of constraints have the same set of solutions, deciding whether all minimal solutions of a set of constraints satisfies an additional constraint etc. By doing so, we capture a host of problems ranging from fundamental problems in nonmonotonic logics, such as abduction and circumscription, to problems regarding the equivalence of systems of linear equations. For several of these classes of problem, we are able to give complete complexity classifications and rule out the possibility of problems of intermediate complexity. For example, we prove that the inference problem in propositional variable circumscription, parameterized by the set of allowed constraints Γ, is either in P, coNP-complete, or ΠP/2-complete. As a by-product of these classifications, new tractable cases and hardness results for well-studied problems are discovered. The techniques we use to obtain these complexity classifications are to a large extent based on connections between algebraic clone theory and the complexity of Csp(Γ). We are able to extend these powerful algebraic techniques to several of the problems studied in this thesis. Hence, this thesis also contributes to the understanding of when these algebraic techniques are applicable and not.

The antics of Helen of Sparta, famous both for her beauty and her adultery, have fascinated ancient and modern audiences alike. The subjects of her abduction from Sparta and recovery from Troy are explored in various ancient discourses. This study investigates the iconography of Attic vase-paintings, c. 550-350 BCE, that show (or have been identified as depicting) these two events in the life of Helen. My approach seeks to investigate their subtexts or metanarratives of emotion through a rigorous methodology. This process first involves engaging in a close reading of the vase scenes in order to identify their visual language, especially their emotional vocabulary. The second process contextualises the vases in the society that produced and used them. By reading them in their original context of production and reception, one can extrapolate a range of meanings these scenes could have had for their original audience. In doing this, there are two main goals: to establish which emotions are pertinent to the ancient audience in these two episodes (emotional content), and how emotions – in essence invisible – are communicated in the vase images (emotional language). Applying this methodology to the scenes yields significant results. The identification of the most typically emotional indicators includes the following: gesture; stance; gaze; clothing, physical attributes and icons; divinities and personifications; and contextual icons or information. The emotional content that emerges includes, in particular, the emotion of eros – its potentially destabalising and emasculating consequences – and the appropriateness of orgē and revenge. Another significant result is in relation to the traditional identification of the scenes. While most of the traditional identifications of Helen’s recovery stand firm, the opposite is true for the abduction. My rejection of the majority of images identified as Helen’s abduction by traditional scholarship is necessary due to a lack of evidence – inscriptional or iconographic – and the marked incongruity of these depictions with their context. These results demonstrate the merits of a solid methodology that takes the language of images seriously, as well as the social, political and ideological context in which the vases were produced and viewed.

Study Design: Methodological study. Objectives: To examine the agreement and validity of using observational risk screening guidelines to evaluate ACL injury risk factors. Background: Post-pubescent females have an increased risk of anterior cruciate ligament (ACL) injury compared with their male counterparts partly due to their high-risk landing and cutting strategies. There are currently no scientifically-tested methods to screen for these high risk strategies in the clinic or on the field. Methods and Measures: Three physiotherapists used observational risk screening guidelines to rate the neuromuscular characteristics of 40 adolescent female soccer players. Drop jumps were rated as high risk or low risk based on the degree of knee abduction. Side hops and side cuts were rated on the degree of lower limb 'reaching'. Ratings were evaluated for intrarater and interrater agreement using kappa coefficients. 3D motion analysis was used as a gold standard for determining the validity of ratings. Results: Acceptable intrarater and interrater agreement (k≥0.61) were attained for the drop jump and the side hop, with kappa coefficients ranging from 0.64 to 0.94. Acceptable sensitivity (≥0.80) was attained for the side hop and the side cut, with values ranging from 0.88 to 1.00. Acceptable specificity (≥0.50) was attained for the drop jump, with values ranging from 0.64 to 0.72. Conclusion: Observational risk screening is a practical and cost-effective method of screening for ACL injury risk. Based on levels of agreement and sensitivity, the side hop appears to be a suitable screening task. Agreement was acceptable for the drop jump but its validity needs further investigation. / Medicine, Faculty of / Graduate

The purpose of this study is to examine what teaching materials is being used by three middle school teachers when they teach the subject religion, and how the materials are used. Furthermore, the purpose is to examine the three teachers’ perceptions regarding the teaching materials that are being used the most. To do this, the aim is to answer the following questions: What teaching materials do the teachers’ use when they teach religion, and how they are used? What perceptions do teachers have about the teaching materials they use the most? The method used for this study is qualitative observations and interviews with three teachers of religion in three different schools. The analysis is based on a theoretical framework with different theoretical perspectives. Induction, deduction and abduction was used to analyze the observations, and a didactic question named the communication question presented by Sven Hartman (2011) is visible through all observations. Tendentious selection, stereotypical conceptions, the religion of elite and the religion of the people was used to analyze the interviews. The study has led to the conclusion that the analysis of the observations and interviews revealed a pattern of textbook dominance. However, one teacher stood out from the common pattern in the observations, as the teacher used both the textbook and discussions equally in her teaching. The interviews showed that the teachers find more advantages than disadvantages of the textbook. The disadvantages they see with the textbook is not that it mediates stereotypical conceptions or contains a tendentious selection.

Magister Legum - LLM / Forced marriages and child marriages1 are a global and major concern when dealing with girl children’s and women’s rights. UNICEF statistics2 show that in South Africa alone 1% of girls were married by 15 years and 6% by 18 years.3While these numbers are insignificant, they arguably contribute to a global crisis where girls of primary school age are forced into marriage.4 This mini-thesis will focus on ukuthwala, a customary practice which is prevalent in the rural parts of South Africa, where girls and young women are married off. Moral reasons exist for the custom, however in recent years it has changed radically. Ukuthwala is most prevalent in the Eastern Cape and Kwa-Zulu Natal provinces.6 It has been described as a ‘romantic mock abduction’ of an unmarried woman by a man who intends to marry her.7 According to Bekker and Koyana8 the procedure for ukuthwala is as follows: ‘The intending bridegroom, with one or two friends, will waylay the intended bride in the neighbourhood of her own home, quite often late in the day, towards sunset or at early dusk, and they will “forcibly” take her to the young man’s home. Sometimes the girl is “caught” unawares, but in many instances, she is caught according to plan and agreement. In either case, she will put up a show of resistance to suggest to onlookers that it is all against her will when in fact, it is hardly ever so’. While ukuthwala involves kidnapping a girl or young woman, the intention is to compel her or her family to endorse marriage negotiations.9 This therefore means, by custom, the suitor should report the thwala to his kraal head in order to commence lobolo10 negotiations.11 During this time consensual sex with the young girl is forbidden. Koyana and Bekker further explain that the girl or young woman is immediately placed in the midst and care of the womenfolk; and is treated with ‘utmost kindness and respect’,12 until such time that the marriage requirements are met.

Running is known to provide important health benefits. However, the incidence of injury among runners is high, particularly among novice runners, which discourages long term participation in the sport. The knee is the most commonly injured joint in novice runners. In general, aberrant frontal and transverse plane kinematics are associated with the development of knee injuries in runners. It was unknown whether the high rate of knee injury in novice runners was due to abnormal kinematics. Further, it was unclear whether these risk factors for injury could be improved. This dissertation includes four studies investigating kinematics in novice runners, how they change with training and evaluation of a running assessment. The first study compared frontal and transverse plane kinematics of female novice and experienced runners. Novice runners displayed more knee kinematics associated with injury than experienced runners, which may contribute to their higher risk of injury. The second study investigated the effects of two different training programs on kinematics of novice runners: one program consisted of 8 weeks of walking followed by 8 weeks of running, the other consisted of 8 weeks of strength/plyometric training followed by 8 weeks of running. Results demonstrated that training produced small changes in kinematics, however all types of training produced a mix of beneficial and detrimental effects. Participants who completed the study displayed better knee kinematics 8 than those who dropped out, which may have influenced their ability to complete the program. The third study sought to investigate changes in coordination of the hip and ankle joints, and their contributions to knee joint angles thought to contribute to injury. Results demonstrated that both the hip and the ankle may influence changes in knee kinematics, however the relative motion of the hip and the ankle appears to remain stable with training. In the final study, we investigated the reliability and validity of the Running Readiness Scale (RRS), as a low cost assessment of kinematics related to injury in runners. The RRS demonstrated good inter and intra rater reliability. Further, the RRS appeared to effectively discriminate between runners according to knee abduction, but not knee internal rotation.