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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.
211

Naturalism & Objectivity: Methods and Meta-methods

Miller, Jean Anne 19 August 2011 (has links)
The error statistical account provides a basic account of evidence and inference. Formally, the approach is a re-interpretation of standard frequentist (Fisherian, Neyman-Pearson) statistics. Informally, it gives an account of inductive inference based on arguing from error, an analog of frequentist statistics, which keeps the concept of error probabilities central to the evaluation of inferences and evidence. Error statistical work at present tends to remain distinct from other approaches of naturalism and social epistemology in philosophy of science and, more generally, Science and Technology Studies (STS). My goal is to employ the error statistical program in order to address a number of problems to approaches in philosophy of science, which fall under two broad headings: (1) naturalistic philosophy of science and (2) social epistemology. The naturalistic approaches that I am interested in looking at seek to provide us with an account of scientific and meta-scientific methodologies that will avoid extreme skepticism, relativism and subjectivity and claim to teach us something about scientific inferences and evidence produced by experiments (broadly construed). I argue that these accounts fail to identify a satisfactory program for achieving those goals and; moreover, to the extent that they succeed it is by latching on to the more general principles and arguments from error statistics. In sum, I will apply the basic ideas from error statistics and use them to examine (and improve upon) an area to which they have not yet been applied, namely in assessing and pushing forward these interdisciplinary pursuits involving naturalistic philosophies of science that appeal to cognitive science, psychology, the scientific record and a variety of social epistemologies. / Ph. D.
212

Problematika rozvodu manželství a jeho důsledků / The issues of marriage divorce and its consequences

Němeček, Eduard January 2013 (has links)
Mr. Eduard Němeček, MD Divorce issue and its consequences Diploma Thesis 5. Summary: This work proposes a closer look at the divorce-related topics with consequential impacts both on financial situation of divorced spouses and destinies of minor children as resulting from divorced marriages in Czech Republic. Till date, this issue has been solved in different ways at both district and regional courts. In our republic, a more unifying element is represented by decisions of the Supreme and Constitutional Courts. This is a very serious social phenomenon which, according to statistics affects a large number of parents, children, but also childless partners. Yet from ancient times this phenomenon is known to be socially undesirable being almost entirely rejected by the Catholic Church in its canon law. The increase in divorces has resulted namely from the advancement procedure of society. It is a societal phenomenon known to occur irrelatively of the states and political systems, from the totalitarian regimes through those autocratic, up to highly democratic systems of developed countries worldwide. During the creation of this work, up to 40% of marriages have been critically monitored as expected to be ended in divorce. It's a long-term social phenomenon that surpassed all political systems from the...
213

Zkrácené přípravné řízení / Fast-track pre-trial proceedings

Trojanová, Monika January 2015 (has links)
This thesis deals with the institute of summary preliminary proceedings in the context of past and current legislation and also the reasons that led to its introduction into law. The paper also outlines the objectives of summary proceedings and the use of the institute for other criminal laws. In this work there are also defined summary preliminary proceedings within individual forms of pre-trial proceedings. In some cases, the work compares the above mentioned institute of summary preliminary proceedings with foreign legislation. This study also defines the essence of summary preliminary proceedings and acts carried out in it. At the same time the author tries to define the legal conditions for holding summary preliminary proceedings, further the course of summary preliminary proceedings. The paper also describes the course of summary preliminary proceedings, from the record of initiation of criminal proceedings, to notification about suspicion, further deals with the question of proving evidence in summary proceedings. The paper also discusses in detail the specific entities acting in summary preliminary proceedings. In the description of these entities an analysis of their rights and obligations is simultaneously carried out. Furthermore, the paper describes the various ways of ending summary preliminary...
214

Podgorická skupština 1918, její příčiny a následky / The Podgorica Assembly 1918, its causes and consequences

Zajíc, Petr January 2013 (has links)
1 Abstract The Podgorica Assembly 1918, its causes and consequences This dissertation deals with the causes and consequences of the Podgorica Assembly (Serbian: Подгоричка скупштина / Podgorička skupština) held in late 1918. As this work is a continuation of my doctoral thesis entitled The Origins of Constitutionalism and Parliamentarianism in Montenegro in the 1918, let me briefly outline the content of my doctoral thesis as it already analyzed some of the primary causes of the Podgorica Assembly (1918). The doctoral thesis deals with the Constitution of the Principality of Montenegro in 1905, its model rules, the process of drafting and adoption of the Constitution as well as with the analysis of the particular provisions of the Constitution and its comparison with the relevant provisions of other selected European Constitutions of that time. Also the constitutional and parliamentary procedures on the establishment of the particular government and their programs, relevant political parties and their profiles, elections, political struggles and other processes relevant to the constitutionalism and parliamentarianism in Montenegrin society in the period from 1905 to 1914, respectively, from the first edition of the Constitution of Montenegro in the First World War, were discussed. This dissertation covers...
215

Social assistance : legal reforms to improve coverage and quality of life for the poor people in South Africa

Tshoose, Clarence Itumeleng 19 January 2017 (has links)
The South African Constitution in section 27(1)(c) obligates the state to develop a comprehensive social security system. It affirms the universal right to access to social security, including appropriate social assistance for those unable to support themselves and their dependants. It orders the state to take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of these rights. The underlying normative commitment of social security is the improvement of the quality of life of the population by promoting economic or material equality. Social security ensures that all citizens have a stake in society and that each individual has an incentive to contribute to the development of the commonwealth. It plays a crucial role in the lives of communities and families viewed in the context of social transfers which provide broader development objectives and tackles income poverty transfers. The objectives of this study are threefold. Firstly, it examines the extension of social assistance coverage to the indigents in South Africa. Secondly, it looks at the legal mechanisms employed by courts and government in order to improve the social security rights of the poor in South Africa. Thirdly, the research investigates the possible reform and trends in India and Brazil with the aim of improving South Africa’s system of social security. For the avoidance of doubt, the law evaluated in this work is at 15 September 2015. / Jurisprudence / LL. D.
216

Transformace výsledku hospodaření na základ daně z příjmů v různých formách obchodních společností / Trading Income Transform to The Income Tax Base into Variety of Companies

SVÁČKOVÁ, Veronika January 2009 (has links)
The main and fundamental goal of this work is the taxation of the various types of the companies. Of course, the height of taxation is one of the general questions. A lot of people are also interested in the way of guarantee. In the Czech law there are these types of companies: limited company, join stock company, special limited partnership and co partnership. In every company the economic result is to tax another system. The economic result is the difference between revenues and costs. But it cannot be considered a tax base. The economic result is increased by non-taxable costs. And this is called the tax base. In the Czech law there are two types of taxation. The first one is the legal entity income tax and its rate is 21 % and the other one is the natural person income and its rate is 15 % for both (in 2008).
217

The harmonisation of good faith and ubuntu in the South African common law of contract

Du Plessis, Hanri Magdalena 12 February 2018 (has links)
The legal historical development of fairness in the South African common law of contract is investigated in the context of the political, social and economic developments of the last four centuries. It emerges that the common law of contract is still dominated by the ideologies of individualism and economic liberalism which were imported from English law during the nineteenth century. Together with the theories of legal positivism and formalism which are closely related to parliamentary sovereignty and the classical rule of law, these ideals were transposed into the common law of contract through the classical model of contract law which emphasises freedom and sanctity of contract and promotes legal certainty. This approach resulted in the negation of the court’s equitable discretion and the limitation of good faith which sustain the social and economic inequalities that were created under colonialism and exacerbated under apartheid rule. In stark contrast, the modern human rights culture grounded in human dignity and aimed at the promotion of substantive equality led to the introduction of modern contract theory in other parts of the world. The introduction of the Constitution as grounded in human dignity and aimed at the achievement of substantive equality has resulted in a sophisticated jurisprudence on human dignity that reflects a harmonisation between its Western conception as based on Kantian dignity and ubuntu which provides an African understanding thereof. In this respect, ubuntu plays an important role in infusing the common law of contract with African values and in promoting substantive equality between contracting parties in line with modern contract theory. It is submitted that this approach to human dignity should result in the development of good faith into a substantive rule of the common law of contract which can be used to set aside an unfair contract term or the unfair enforcement thereof. / Private Law / LL. D.
218

Assessing the compatibility of the right to a fair trial under Sudanese law with international human rights law

Abdalla, Amir Kamaleldin Ahmed 11 1900 (has links)
This thesis investigates the compatibility of a crucial aspect of Sudanese criminal justice, namely, the compatibility of the right to a fair trial with two main sources of this right: international human rights law and Shari’a law. The right to a fair trial is a cornerstone for any society and serves to observe the rule of law and other rights of citizens. The study illustrates that the right to a fair trial could play a significant role in the protection of human rights in Sudan. The main aim of this study is to establish ways in which the right to a fair trial can be strengthened in Sudan. The thesis has examined the work emanating from the international level by reviewing decisions, providing general comments and analysing other jurisprudence emanating from bodies such as the African Commission on Human and Peoples’ Rights and the Human Rights Committee. The decisions, general comments and other jurisprudence from these bodies are juxtaposed against Sudan’s laws to establish the extent to which the right to a fair trial is upheld at the domestic level in Sudan. The study critically examines the sources of the right to a fair trial in Sudan. The main sources of right to a fair trial in Sudan are the Constitution, the Criminal Procedure Act, the Penal Code, Shari’a law and international human rights law. It seeks to answer the question whether Sudanese fair trial rights are compatible with international standards. The study establishes that one of the sources of law that govern the right to a fair trial in Sudan is Shari’a law. The main principle in Islam is that nothing is unlawful, unless it is expressly forbidden by law. However, the Shari’a law in Sudan has not been properly implemented as is illustrated through the rigid and traditional implementation of some of its provisions. The selective and rigid implementation of provisions of Shari’a law has resulted in a conflict with the accepted international standards of fair trial rights. What the study establishes is that a more progressive interpretation of Shari’a law can potentially solve the contradictions with international human rights law that currently exist. The study identifies a number of factors that have affected the development of the right to a fair trial in Sudan. Among these factors are the lack of political will, poverty, the lack of awareness about rights, laws that are contrary to the right to a fair trial, laws that inadequately protect victims and witnesses, impunity, corruption, the lack of resources both human and financial, abuse of power, existence of military and special courts, institutional constraints, discrimination against women, and the refusal or resistance of the executive branch of government to implement decisions of the courts. This study concludes that some pre-trial, trial and post-trial rights and standards in Sudan are not in conformity with international and regional standards. The study concludes by making a number of recommendations aimed at institutional and legal reform. / Dissertation (LLD)--University of Pretoria, 2014. / Centre for Human Rights / LLD / Unrestricted
219

Examination of the (si) and (ʃi) confusion by Japanese ESL learners

Nogita, Akitsugu 30 August 2010 (has links)
It is a general belief in Japan that the English /s/ and /ʃ/ before high front vowels (as in "see" and "she") are problematic for Japanese ESL (English-as-a-second-language) learners. Some research has also reported the /s/ and /ʃ/ confusion by Japanese ESL learners. Their pronunciation errors are often explained based on phonetics, but there are reasons to believe that the learners’ knowledge of the phonemes of the target words is at fault. This study examines 1) whether monolingual Japanese speakers distinguish the [si] and [ʃi] syllables in both perception and production in the Japanese contexts and 2) what would be the sources of Japanese speakers’ challenges in mastering the distinction between [si] and [ʃi] in their English production if Japanese speakers can produce and perceive the difference between these syllables. This study conducted two experiments. In the first experiment, 93 monolingual Japanese speakers between the ages of 17 and 89 in and around Tôkyô read aloud the written stimuli that had [si] and [ʃi] in the Japanese contexts, repeated the sound stimuli that had [si] and [ʃi] in the Japanese contexts, and listened to the [si:] and [ʃi:] syllables in isolation recorded by a native speaker of Canadian English. The results showed that the participants all distinguished [si] and [ʃi] in both perception and production regardless of their ages. Based on these results, I hypothesized that the [s] and [ʃ] confusion by Japanese ESL learners is caused by misunderstanding, rather than an inability to articulate these sounds. In the second experiment, 27 Japanese ESL students were recorded reading an English passage. The passage contains /s/ (7 times) and /ʃ/ (11 times) before high front vowels. After the reading, the participants were taught the basic English phonological system and the symbol-sound correspondence rules such as “s”-/s/ and “sh”-/ʃ/. The lesson lasted 40 minutes during which the participants were also interviewed to find out their awareness of the symbol-sound correspondence. No articulation explanations were given during the lesson. After the lesson, the participants read the same passage. The results showed that /s/ and /ʃ/ were mispronounced 39 and 67 times respectively in total by the 27 participants before the lesson, but only 7 and 19 times after the lesson. These changes are statistically significant. Moreover, the interview during the lesson revealed that the participants lacked phonological awareness in English as well as the knowledge of the symbol-sound correspondence rules. This study concluded that many of the mispronunciations by Japanese ESL learners, including /s/ and /ʃ/, can be solved by teaching the English phonics rules and some basic phonological rules without teaching the articulation of these sounds.
220

Development of hydrophobic/superhydrophobic anti-fouling photopolymer coatings for PVC reactor / Développement des revêtements polymères anti-encroutant de type hydrophobe/superhydrophobe

El Fouhaili, Bandar 04 February 2014 (has links)
Lors de la polymérisation en suspension du chlorure de vinyle, il se forme sur les parois un dépôt de polychlorure de vinyle (PVC). Ce phénomène, nommé encroûtement, génère des problèmes car il limite la production de PVC et affecte la qualité du produit final. Dans ce contexte, un projet FUI (Fond Unique Interministériel) intitulé «Ecoating», a été financé dans le cadre d’une collaboration entre plusieurs partenaires industriels et universitaires (INEOS ChlorVinyls, Mäder Research, Avenir Group, LPIM, ESPCI-ParisTech). Deux thèses ont vu le jour au LPIM, avec pour but de développer un revêtement (photo)polymère aux propriétés anti-encroûtement durables qui permettrait d’améliorer la qualité du PVC produit, d’augmenter les quantités produites et ainsi d’améliorer la compétitivité des usines de PVC. Cette thèse s’inscrit dans le développement d’un vernis photopolymère répondant au cahier des charges. Pour éviter l’encroûtement des réacteurs, il est nécessaire de stopper une étape du mécanisme d’encroûtement comme l'adsorption sur les parois du réacteur d’un copolymère nommé Acvagen Graft Copolymer (AGC). Ce copolymère est très actif dans le phénomène d’encroûtement (site de nucléation) et se trouve principalement dans la phase aqueuse du milieu réactionnel. La stratégie de recherche élaborée dans ce projet a été basée sur le développement d'un revêtement photopolymère présentant une faible affinité pour l'eau et devant adhérer à la surface des réacteurs pour éviter la formation de croûte. Les polymères à base de fluoroacrylates ont été les premiers candidats choisis dans cette étude du fait que leurs propriétés exceptionnelles (faible énergie de surface, stabilité chimique et haute hydrophobicité...) pouvaient éviter l'adsorption de l'AGC sur les parois du réacteur, et par conséquent le développement de la croûte. Une recherche bibliographique a été réalisée pour comprendre le comportement particulier de ces molécules qui migrent vers la surface du film et s’organisent en surface pour donner des surfaces hydrophobes. Des mélanges de résines fluoroacryliques modèles ont été testés pour évaluer le caractère hydrophobe du revêtement, comprendre la migration des molécules de fluor vers l’interface en fonction de la nature de substrat et aussi déterminer l’influence de l’ajout d’additifs fluorés au mélange sur les propriétés globales du film. Cette étude nous a permis de comprendre l’influence de l’additif fluoré sur les propriétés chimiques et physiques du film. À l’échelle du laboratoire des tests d’immersion de ces revêtements déposés sur l’acier inoxydable ont étés réalisés dans l’eau chaude (80°C) afin de caractériser leur caractère hydrophobe en fonction du vieillissement dans l’eau chaude ainsi que l’adhésion du film au substrat. Nous avons observé une diminution de l'hydrophobicité de la surface du film au cours du temps lors d’une immersion. [...] / Our scientific approach has explored different strategies to develop a durable UV-cured coating with antifouling properties to prevent the crust formation. Firstly, the potential of fluoroacrylate photocurable coatings was exhaustively investigated. Indeed, their outstanding properties (low surface energy, chemical stability and high hydrophobicity...) could limit the adsorption of the AGC on the reactor walls and further encrusting. A bibliographic research highlighted the behavior of fluorinated monomers on film surface and the parameters affecting the hydrophobic properties. Different fluorinated monomers were selected. At low concentration, they provide hydrophobic surfaces on 316L stainless steel, the reference substrate. However, a decrease of the films surface hydrophobicity in hot water was observed with time, and was attributed to a disorganization of the fluorinated chains on the coating surface. An optimization of the amount of fluoroacrylate monomer was performed by confocal Raman microscopy (CRM) to promote the fluorinated chains stability on the surface before and after immersion in hot water at 80°C. The beneficial effect was found maximal at a concentration ranging from 1 to 1.8 wt%. However, even after this optimization, a decrease of the film surface hydrophobicity was observed for increased immersion time in hot water. Therefore, optimized fluoroacrylate monomer concentration was combined with alternated thermal/immersion post-treatment and has conducted to more stable photocured films. This result was attributed to a rigidification of the fluorinated chains on the film surface limiting thus, the extent of their disorganization. After this study realized at a laboratory scale, we tested the photocured coating in the VCM pilot reactor. A surface cleaning, an increase of the stainless steel roughness by shot blasting and the use of alkoxysilanes as coupling agents were implemented in order to enhance the adhesion properties of the photopolymer film on stainless steel. In addition, the use of a fluorinated monomer containing a heteroatom improved the rigidification when associated with the alternated thermal/immersion post-treatment. The crust formation was limited during four successive polymerizations in the VCM pilot reactor. A durable anti-fouling UV-coating could be not obtained due to some swelling phenomena resulting from the lack of coating adhesion or some abrasion occurring from small PVC pellets during the PVC polymerization.A second part of this project was dedicated to superhydrophobic coatings. Indeed, reducing interaction with water should lead to a better protection of the substrate. A literature review on the superhydrophobic surfaces has shown that the contact with hot water generally strongly affects their antiwetting properties and induces a large contact angle decrease. [...]

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