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ASBOs and the community : towards a new model of liability?Brajeux, Marie-Aimée January 2015 (has links)
his thesis argues that anti-social behaviour orders (ASBOs) are the imperfect expression of a new type of community-based liability which seeks to regulate an individual’s behaviour in the context of his relationship with a particular community. The combination of civil and criminal elements in ASBOs stems from a political will to address responsibility for behaviour which is harmful to a community. Despite the central conceptual role played by the community relationship in ASBOs, legal provisions have failed to define the nature of that relationship, relying on judicial discretion to shape the orders’ application in practice. Judicial interpretation of ASBO legislation confirms the alternative nature of the orders, and the importance of the concept of community in creating a different type of liability. From a theoretical perspective, communitarian principles provide a basis for explaining how the individual/community relationship can justify and shape liability. The figure of a responsible individual constituted by his social interactions forms the premise of this type of liability, and the concept of community in this context is established as a fluid rather than rigid notion, defined as a social group connected by a range of specific interests. A model of community-based liability can be constructed from these principles: interference with a community’s interests can justify the imposition of liability, provided the individual’s behaviour represents a wilful engagement with that particular community. This model of liability provides a useful framework through which to re-examine ASBOs. While the case law broadly adopts the defining elements mentioned above, the use of ASBOs shows examples of misapplications of the principles of a community-based model of liability. Nevertheless, this framework also shows how ASBOs can be seen as a flexible and potentially integrative approach to regulating different types of individual/community relationships, despite the missed opportunities sometimes created by their practical application.
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An Exploratory Study of the Social Psychological Determinants of Regular Participation in Leisure-Time Physical ActivityCraike, Melinda Jane, n/a January 2005 (has links)
Despite the widely documented physical, psychological, and social benefits of regular participation in physical activity (Bauman & Campbell, 2001; Blair, Kohl & Barlow, 1995; Paluska & Schwenk, 2000; U.S Department of Health & Human Services, 1996), less than half of the Australian population participate in 'sufficient' levels of physical activity in terms of time and frequency of participation (Bauman, Ford & Armstrong, 2001). Thus the examination of social psychological determinants of regular participation in leisure-time physical activity is important. A mixed methods approach was adopted to identify and test the important social psychological determinants of regular participation in leisure-time physical activity. Phase one of the study was qualitative in nature and adopted a grounded theory approach. A number of important themes emerged from the qualitative phase, including: definitions and meanings of physical activity; physical activity and choice, obligation, reasons for participation; enjoyment of physical activity; changing perceptions and influences on physical activity from childhood to adulthood; and priority of physical activity. The interrelations between these themes and their impact on regularity of participation were explored. These findings, along with theoretical propositions and evidence from previous studies, contributed to the development of a model of the social psychological determinants of regular participation in leisure-time physical activity. They also contributed to the development of items to measure important concepts in the model. Phase two was quantitative in nature and used structural equation modelling to test the model. The quantitative phase involved a sample of 250 people aged 19-87 years living in an Australian capital city. Self-report questionnaires measured regularity of participation in leisure-time physical activity (dependent variable), leisure-time physical activity behaviour regulation, intrinsic motivation towards leisure-time physical activity, enjoyment of leisure-time physical activity, and priority of leisure-time physical activity (independent and mediating variables). Each of the independent and mediating variables was multidimensional in nature, the components of which were assessed using confirmatory factor analysis in structural equation modelling prior to the testing of structural models. After some adjustment, the predictors were satisfactorily represented by their respective multifactor models, except intrinsic motivation, which was best represented by a single factor model. Following modification, the proposed model of the social psychological determinants of regular participation in leisure-time physical activity was found to be a good fit of the data. Relationships within the model indicated the importance of the priority of leisure-time physical activity factors in the prediction of regular participation in leisure-time physical activity. The influence of preference for leisure-time physical activity on regular participation in leisure-time physical activity was mediated by level of priority and making time for leisure-time physical activity. That is, people who preferred to participate in leisure-time physical activity over other types of leisure tended to make it a higher priority, and, in turn, tended to make time to participate. Making time was subsequently associated with increased regularity of participation in leisure-time physical activity. The enjoyment factors influenced regular participation in leisure-time physical activity through their influence on preference for leisure-time physical activity. Activity enjoyment had a positive influence on preference and enjoyment dependent on surroundings had a negative influence. However, in the overall model, the behaviour regulators and intrinsic motivation attenuated the influence of the enjoyment factors on preference for leisure-time physical activity. This suggested that people's underlying behaviour regulators and levels of intrinsic motivation have a similar influence on their preference for leisure-time physical activity as their feelings of enjoyment. However, behaviour regulators and intrinsic motivation appear to be more powerful influences of preference than enjoyment. Intrinsic motivation towards leisure-time physical activity positively influenced regular participation in leisure-time physical activity through its influence on preference for leisure-time physical activity. It also had a direct influence on regularity of participation. Thus, people who were more intrinsically motivated tended to participate more regularly in leisure-time physical activity partly because they formed preferences for physical activity over other types of leisure. Furthermore, the direct influence of intrinsic motivation on regular participation suggested that there were explanations, beyond that of preference and priority, for why those who were intrinsically motivated tended to participate more regularly in leisure-time physical activity. The behaviour regulators of external regulation (negative), introjected regulation (positive) and identified regulation (positive) influenced regularity of participation in leisure-time physical activity mostly through their influence on intrinsic motivation towards leisure-time physical activity. That is, when people felt their physical activity was externally regulated, they felt less intrinsically motivated to participate and this was subsequently associated with less regular participation. On the other hand, when people were regulated by introjection and identification, they tended to feel more intrinsically motivated and this was subsequently associated with more regular participation. External regulation and introjected regulation also had a direct negative influence on preference for leisure-time physical activity and perceptions of the availability of time, respectively. Thus, people who felt externally regulated tended to have less preference for leisure-time physical activity and those who were regulated through introjection were more likely to perceive that they did not have the time to participate. This study contributes to the body of knowledge by highlighting the importance of preferences and prioritisation on perceptions of time availability, and subsequently, regularity of participation in leisure-time physical activity. It also demonstrated that behaviour regulators and intrinsic motivation are important determinants of regular participation in leisure-time physical activity in a general community sample. These findings have theoretical and practical implications for researchers, leisure professionals, and policy makers. They also suggest a number of significant areas of further research.
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Regulace sexuálního chování jedince jako politikum (na základě analýzy úpravy v ČR) / Individual sexual behaviour control as a public policy topic (based on analysis of regulations in the Czech Republic)Vošmik, Josef January 2014 (has links)
Josef Vošmik Diploma thesis: Individual sexual behaviour control as a public policy topic (based on analysis of regulations in the Czech Republic) ABSTRACT The goal of the diploma thesis named Individual sexual behaviour control as a public policy topic was, based on the analysis of the law regulations in the Czech Republic, to define and understand how sexual expressions are legally limited in our country. Human sexuality is a very private affair, but there are certain situations when the state authority has to interfere. Human sexuality is a very complex phenomenon. On one side it has very deep biological roots, but on the other side satisfying our needs has been modified by the culture and society as well. Therefore in the theoretical part of the paper we tried to draw main components of sexuality through the view of such branches as ethology, psychology, social and cultural antropology, sociology and gender studies as well as ethics, law and public policy. Questioning human sexuality we cannot omit sexuology as a branch which is associated with it most closely. So we aspired to describe the basic elements of sexual motivation which are sexual identification, orientation and emotions. Of course we paid special attention to sexual behaviour. The sexual disorders were also addressed, because they have a...
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