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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
101

Prorrogação compulsória dos contratos de longa duração / Compulsory extension of long-term contracts.

Tucci, Rogério Lauria Marçal 20 March 2015 (has links)
O tema desenvolvido guarda pertinência com a denúncia unilateral do contrato, a qual só deve produzir efeitos depois de transcorrido prazo compatível com eventuais investimentos consideráveis realizados pela contraparte, a teor do art. 473, par. ún., do Código Civil. Sendo assim, a pesquisa foi iniciada com premissas teóricas atinentes à liberdade contratual e suas vicissitudes em distintos momentos históricos. Esclarecido que a liberdade contratual deve ser sopesada com a intervenção Estatal para otimizar o desenvolvimento econômico e o bem-estar social, o trabalho demonstra, inicialmente, a coerência da mencionada norma em meio ao paradigma contemporâneo dominante. Em seguida, foram apresentadas reflexões para explicar a finalidade da inserção do dispositivo legal no ordenamento positivo. Com intuito de vedar o abuso de poder econômico, a norma foi introduzida especificamente para coibir o exercício abusivo do direito de resilição. Sendo este o escopo da norma, a primeira parte do trabalho ofereceu subsídios para justificar porque cabe ao juiz impor a prorrogação contratual, quando o denunciante não respeitar prazos compatíveis com os investimentos empreendidos pela outra parte. Já quanto à segunda parte, foram lançadas elucubrações sobre os distintos aspectos das relações contratuais duradouras. Nesse ponto, foram apontadas importantes contribuições doutrinárias a respeito da influência do aspecto temporal sobre as relações contínuas e, ainda, perspectivas da análise econômica do direito, além da abordagem relacional do contrato. Restando elucidado que a prorrogação do contrato pode (e deve) ser imposta pelo intérprete, na última e terceira parte deste trabalho, é proposta uma interpretação sistemática e axiológica da norma do art. 473, par. ún., do Código Civil. / The subject developed concerns the unilateral termination of the contract, which shall only take effect after certain length compatible with sizeable investments made by the counterparty, as set forth in Article 473, sole paragraph, of the Civil Code. Therefore, the research began with theoretical premises regarding the contractual freedom and its variations in different historical moments. Once clarified that the contractual freedom must be counterbalanced by governmental intervention in order to optimize economic development and social well-being, the study initially demonstrates the consistency of the aforesaid rule in the midst of the currently reigning paradigm. In addition, some reflections were presented to explain the purpose of the insertion of the provision in the written body of laws. Seeking to prevent the abuse of economic power, the ruling was created specifically to diminish abusive use of the right to terminate. Given the scope of the provision, the first part of the paper sustained why should the judge extent the length of the notice when the terminating party fails to comply with a compatible term taken into account the investments carried out by the other party. As for the second part, there are musings about different aspects of long-term contracts. Important contributions from legal doctrine were pointed out concerning the influence of time on long-term relationships, and furthermore on perspectives of the economic analysis of Law, besides the relational approach to the contract. As it becomes plain that the extension of a contract may be, or rather ought to be, imposed by the judge, on the third and last part of the dissertation, it is proposed a systematic and axiological interpretation of the ruling set forth by Article 473, sole paragraph, of the Civil Code.
102

The Development of Sexually Abusive Behavior in Adolescent Males who have been Sexually Victimized

Sharma, Brittany S 01 May 2017 (has links)
The abused-abuser hypothesis posits that a history of sexual victimization may increase the risk of engaging in sexually abusive behavior for some victims. Although many researchers have discovered a higher prevalence of childhood sexual abuse (CSA) in sex offenders in comparison with non-sex offenders, less research has considered how specific characteristics of prior sexual abuse may contribute to how these individuals sexually abuse others. For the present study, archival data were collected from 243 youths receiving residential treatment for sexually abusive behavior and self-reported data were collected from university students with no known history of sexual offending. The present study confirms disproportionally high rates of CSA in the sample of sexually abusive youth, compared to non-sexual abusers. Further, among the sample of sexually abusive youth, we examined the effects of sexual perpetrator characteristics and age of sexual victimization on victim choice, age at first sexual offense, and number of sexual offenses, number of arrests, and sexual victims. Results revealed associations between perpetrator characteristics and victim choice. Additionally, being sexually victimized by a male or a relative was significantly associated with a younger age of onset of sexually abusive behavior and a younger age of sexual victimization suggested a greater number of sexual victims. Implications and future directions will be explored.
103

Impact of Childhood Adversity and Out-of-Home Placement for Male Adolescents Who Have Engaged in Sexually Abusive Behavior

Hall, Kelcey L., Stinson, Jill D., Moser, Michele R. 01 February 2018 (has links)
Child maltreatment and household dysfunction have long been linked to delinquency, adult criminality, and sexual offending. However, the association between adverse childhood experiences (ACEs), factors related to out-of-home placement, and the onset of maladaptive behaviors has not thoroughly been explored in adolescents who have engaged in sexually abusive behavior. In the present study, we examined archival records of 120 male youths who have received treatment for sexually abusive behavior. As expected, the male adolescents in this sample have experienced higher rates of ACEs than samples of adult males in the community, adult males who committed sexual offenses, and juvenile justice–involved males as reported in the literature. Discrete-time survival analyses yielded increased risks of onset of aggression and sexually abusive behavior during early childhood and mid-to-late childhood, with significant associations between higher ACE scores and a greater number of out-ofhome placements. Implications and future directions are discussed.
104

Assessing the correctional service of Canada high intensity family violence program

Ferguson, Leon Myles 31 May 2004
A family violence prevention program for incarcerated male offenders was evaluated. One hundred and one (101) offenders incarcerated in minimum and medium security facilities participated in a high intensity family violence prevention program offered by Correctional Services of Canada. Thirteen psychological, attitudinal, and behavioural measures were administered to the offenders. The measures were administered either pre-treatment only, pre-and post-treatment, or post-treatment only. Five measures were self-report measures completed by offenders, and eight were administered and scored by qualified corrections personnel. The offenders showed a number of positive pre- to post-treatment changes. Following treatment, offenders reported that they were less likely to rationalize their abusive behaviour or believe that being a man grants one special privileges and entitlements over women. Offenders were less likely to support the use of power and control tactics over women or to endorse an assortment of myths that can foster inequality and abuse. Following treatment, offenders were judged to have shown an improvement in their willingness to sympathize with their partner as well as an improvement in their conflict-resolution skills. Offenders were also judged to show substantial pre- to post-treatment improvements in their compliance with, and response to, treatment, as well as demonstrating an improved ability to apply the knowledge and skills learned from treatment. The Statistical Information on Recidivism (SIR) Scale failed to demonstrate concurrent and predictive validity on a sub-sample of these domestic violent offenders.
105

Inner city women's perceptions and experiences of battery and police response to it : a comparison of Aboriginal and white women

Bertrand, Nicole 03 July 2007
This thesis examines the experiences and perceptions that Aboriginal and white women have about abusive relationships and about the police responses to these situations. Differences and similarities between these two groups of women will further highlight the need for resources and policing which are sensitive to the different needs of both groups. Assessments of the cultural differences between Aboriginal and white inner city women are particularly important as women seek to develop more and better alternatives to living in abusive relationships.<p>Theoretically, an examination of gender oppression through patriarchy and its effect on male violence towards women is provided. Understanding the influence of patriarchal social relations on the subordination of women in society is helpful in explaining the similarities in perceptions and experiences of male violence between Aboriginal and white inner city women. The subculture of violence theory is also examined and is used to help understand the differences in perceptions and experiences of these two groups of women. The argument is made that Aboriginal women have qualitatively different perceptions of both battery and the police response to their calls of battery due to the historical legacy of colonization of Aboriginal people in Canada.<p>The data were gathered via a questionnaire and in-person interviews which asked women respondents a wide variety of questions pertaining to their perceptions and experiences with battery, and any police involvement. The questionnaires obtained background information about respondents, responses to a 5 point Likert scale of attitudinal statements pertaining to battery and policing, and responses to specific questions which requested written responses. <p>Analysis of the quantitative data involved descriptive presentation examining relationships between the independent variable ethnic background and dependent variables, as indicated by the 25 questionnaire items, using bivariate distributions. The qualitative data were thematically coded and examined.<p>Importantly, the study revealed that there are significant differences between the perceptions of Aboriginal and white inner-city women. Aboriginal women were found to much more tolerant of abuse from their male partners, and were less likely to call the police in a time of crisis. It was also found that many Aboriginal women had very negative experiences with the police which further disadvantaged them when dealing with battery situations.
106

Assessing the correctional service of Canada high intensity family violence program

Ferguson, Leon Myles 31 May 2004 (has links)
A family violence prevention program for incarcerated male offenders was evaluated. One hundred and one (101) offenders incarcerated in minimum and medium security facilities participated in a high intensity family violence prevention program offered by Correctional Services of Canada. Thirteen psychological, attitudinal, and behavioural measures were administered to the offenders. The measures were administered either pre-treatment only, pre-and post-treatment, or post-treatment only. Five measures were self-report measures completed by offenders, and eight were administered and scored by qualified corrections personnel. The offenders showed a number of positive pre- to post-treatment changes. Following treatment, offenders reported that they were less likely to rationalize their abusive behaviour or believe that being a man grants one special privileges and entitlements over women. Offenders were less likely to support the use of power and control tactics over women or to endorse an assortment of myths that can foster inequality and abuse. Following treatment, offenders were judged to have shown an improvement in their willingness to sympathize with their partner as well as an improvement in their conflict-resolution skills. Offenders were also judged to show substantial pre- to post-treatment improvements in their compliance with, and response to, treatment, as well as demonstrating an improved ability to apply the knowledge and skills learned from treatment. The Statistical Information on Recidivism (SIR) Scale failed to demonstrate concurrent and predictive validity on a sub-sample of these domestic violent offenders.
107

Responding to Abusive Supervision: Opposing Arguments for the Role of Social Class in Predicting Workplace Deviance

Powell, Nea Claire 27 August 2013 (has links)
This research examined the effect of social class on the relationship between abusive supervision and workplace deviance. Within the social class literature we found conflicting theoretical arguments regarding the effect that social class would have on responses to abuse. To address this discordance we examined the effect of social class on responses to abusive supervision in four samples using multiple methods. Results confirmed that social class moderates the association between abusive supervision and workplace deviance. Specifically, the effect of abusive supervision on workplace deviance was stronger for higher social classes. In our laboratory research, the use of an abusive supervision prime and a subjective social class manipulation provided preliminary evidence for this effect. Our multi-wave field research provided evidence that these findings extend to actual employee behavior (i.e., interpersonal and organizational deviance). Implications for the abusive supervision literature are discussed.
108

Inner city women's perceptions and experiences of battery and police response to it : a comparison of Aboriginal and white women

Bertrand, Nicole 03 July 2007 (has links)
This thesis examines the experiences and perceptions that Aboriginal and white women have about abusive relationships and about the police responses to these situations. Differences and similarities between these two groups of women will further highlight the need for resources and policing which are sensitive to the different needs of both groups. Assessments of the cultural differences between Aboriginal and white inner city women are particularly important as women seek to develop more and better alternatives to living in abusive relationships.<p>Theoretically, an examination of gender oppression through patriarchy and its effect on male violence towards women is provided. Understanding the influence of patriarchal social relations on the subordination of women in society is helpful in explaining the similarities in perceptions and experiences of male violence between Aboriginal and white inner city women. The subculture of violence theory is also examined and is used to help understand the differences in perceptions and experiences of these two groups of women. The argument is made that Aboriginal women have qualitatively different perceptions of both battery and the police response to their calls of battery due to the historical legacy of colonization of Aboriginal people in Canada.<p>The data were gathered via a questionnaire and in-person interviews which asked women respondents a wide variety of questions pertaining to their perceptions and experiences with battery, and any police involvement. The questionnaires obtained background information about respondents, responses to a 5 point Likert scale of attitudinal statements pertaining to battery and policing, and responses to specific questions which requested written responses. <p>Analysis of the quantitative data involved descriptive presentation examining relationships between the independent variable ethnic background and dependent variables, as indicated by the 25 questionnaire items, using bivariate distributions. The qualitative data were thematically coded and examined.<p>Importantly, the study revealed that there are significant differences between the perceptions of Aboriginal and white inner-city women. Aboriginal women were found to much more tolerant of abuse from their male partners, and were less likely to call the police in a time of crisis. It was also found that many Aboriginal women had very negative experiences with the police which further disadvantaged them when dealing with battery situations.
109

Mammamisshandel : En kunskapsöversikt över barns upplevelse av pappans våld mot mamman / Mistreated Mum : A review of children's experience of father's violence against mothers

Andersson, Annika, Jansson, Marie January 2012 (has links)
Syftet med uppsatsen var att ge en övergripande bild av barns upplevelse av pappans våld mot mamman, samt att undersöka hur denna problematik kan konstrueras i forskningslitteraturen. Uppsatsens frågeställning var: Hur diskuterar forskningslitteraturen barns upplevelse av mäns våldsutövande i hemmet, med fokus på temana barnets hemmiljö, den våldsutövande pappan, den våldsutsatta mamman och sociala, fysiska och psykiska konsekvenser av våldet för barnet? Uppsatsen är en selektiv kunskapsöversikt av nio primärdokument. Resultaten analyserades med hjälp av socialkonstruktionistisk teoribildning. Resultaten visade att barn som upplever pappans våld mot mamman uppfattar hemmiljön som oförutsägbar, och barnen kan ha svårigheter i att knyta an till föräldrarna. Mammans omsorgsförmåga beskrivs i litteraturen som bristande och barnen har en tudelad bild av sin mamma och pappa. Barnen håller våldet hemligt vilket ger sociala och psykiska konsekvenser. Genom ömsesidigt samspel konstruerar och upprätthåller familjemedlemmarna varandras familjeroller. / The purpose of this study was to give a general picture of children’s experience of their father`s violence against their mothers, and to look at how this problem can be constructed in the research literature. The question at issue was: How does the research literature discuss children’s experiences of domestic violence, with focus on the themes the child’s home environment, the violent father, the abused mother, and the social, physical and psychological consequences of the violence for the child? The study is a selective review of nine primary documents. A social constructionist theory was used to analyze the results. The results showed that these children find their home environment unpredictable and they can have difficulties to attaching to their parents. The mothers caring ability is described as insufficient and the children have a conflicting understanding of both their parents. Through mutual interaction, the family members construct and obtain each others roles in the family.
110

The relationship between abusive supervision, leader-member¡¦s exchange relationship, employee cynicism and workplace deviance behavior.

Wu, Jui-Po 24 June 2010 (has links)
The purpose of the study is to explore the relationship between abusive supervision, leader-member¡¦s exchange relationship, employee cynicism and workplace deviance behavior. The total valid sample consisted of 405 employees from Financial Services companies in Taiwan workplace. Moreover, the data from paired questionnaire reponsed by matched supervisors and subordinates (the 1¡G2 ratio) and was analyzed by factor analysis, reliability analysis with the SEM model to measure the relationship among the constructs. From the results, the Abusive supervision has a positive influence on Employee cynicism and Workplace deviance behavior. On the other hand, Abusive supervision has a negative influence on Leader-member¡¦s exchange relationship. In addition, Leader-member¡¦s exchange relationship also has negative influences on Workplace deviance behavior and Employee Cynicism. Furthermore, Leader-member¡¦s exchange relationship mediated the relationship between Abusive supervision and Workplace deviance behavior as well. Based on the results, the author suggests four proposals on the management practice. First of all, supervisors could take participative leadership. Secondly, supervisors can encourage or praise the subordinates, were considered out-group members, for their efforts. Thirdly, the enterprises could consider implementing the EAP (Employee Assistance Program) to console with those being abused employees. On the other hand, firms could launch the Assessment Center to select potential candidates who have possessed of participative leadership from the beginning.

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