This thesis analyses the development, methodology, and results of a quantitative study of the decision-making of the England and Wales Court of Appeal (Criminal Division). The Court of Appeal plays an important constitutional role, and the impartiality of the judges is central to its legitimacy. Drawing upon research from the Empirical Legal Studies (ELS) research community, this thesis explores the question of the Court of Appeal’s impartiality. As an incomplete measurement of impartiality, a sample of the Court of Appeal’s decisions has been analysed. A dataset of all murder and rape appeals against conviction decided between 2006 and 2010 has been created. A range of factual, demographic, and legal variables have been collected from each of these 472 appeals against conviction, utilising quantitative content analysis. It has been determined, utilising binary logistic regression analysis, whether the variables under analysis are predictors of the outcome of appeals against conviction. Almost all of the variables analysed showed only a limited ability to predict the outcomes of appeals. Moreover, this study finds support for the legal model of judicial decision-making. A variable designed to capture impartial decision-making had the strongest association with the outcome of appeals. However, a small number of factual and demographic variables are shown to be predictors of outcomes. There is insufficient evidence to doubt the impartiality of the Court of Appeal, but the emergence of these patterns in the data warrants further investigation. This conclusion is important to users and observers of the Court, to whom the impartiality, and so legitimacy, of the Court’s decision-making is essential.

Problem: This study is related to the controversy surrounding the relative merits of teaching by discovery and expository methods. Specifically, it investigated the effectiveness of treatment with simple enumeration as a strategy for discovery compared to treatment using an expository method. It was hypothesized that the two treatments would yield the same mathematical achievement, but the simple enumeration treatment would yield more mathematical and non-mathematical transfer effect than the expository treatment. Procedure: The subjects comprised six classes in Mathematics 12. They had been randomly assigned to classes at the beginning of the school year and three classes were assigned to each treatment group. All classes were taught a unit on arithmetic and geometric progressions by the experimenter. Equivalence of the groups was established in terms of the covariates I. Q. and previous term mark. The measuring instruments consisted of the Lorge-Thorndike Intelligence Test, Form 1, Level H of the 1964 Multi-Level Edition; a mathematical content test; and a mathematical transfer test. In addition, the Nonverbal Battery of Form 1 of the Lorge-Thorndike Test was used as a pretest to measure the ability of students to generalize and discover principles from examples. Form 2 was used as a posttest measure to determine whether any improvement in ability to generalize had occurred as a result of the experience with the unit on progressions. The generalized t-test was used to compare means of achievement on all tests. All results were analysed at the University of British Columbia Computing Centre. Conclusions: On the basis of results on the tests, the following conclusions were reached: 1. Treatment with simple enumeration yielded the same level of mathematical achievement as treatment with an expository method. 2. Treatment with simple enumeration yielded significantly greater effect on a mathematical transfer test than treatment with an expository method. An examination of I. Q. levels showed that the superiority in performance was largely located at the medium I. Q. level. 3. Treatment with simple enumeration was no more effective than treatment with an expository method when the criterion measured general transfer. Both groups showed significant improvement in ability to generalize after studying the unit on arithmetic and geometric progressions. The improvement was mainly located at the medium and low I. Q. levels and was independent of teaching method. The implication of this study is that if concern is centred on acquisition of facts, simple enumeration is no more effective than an expository teaching method. However, if there is concern for pupil participation and for training students to advance independently to related but more difficult material, then discovery-orientated lessons are advantageous. / Education, Faculty of / Graduate

Indiana University-Purdue University Indianapolis (IUPUI) / The imposition and promotion of democracy through military force is an idea that has been discussed throughout U.S. history since the end of World War II. Military interventions—coupled with nation building—serve as a pivotal point of discussion as the United States continues it efforts to establish democratic states in regions all across the world. This thesis examines three unique case studies post-WWII, arguing that democracy cannot, in fact, be forced. This argument arises from historical research as well as democratic evaluation tools such as Freedom House. Democracy must be tied to the culture and people of a given society in order to achieve substantive and enduring change; conducting an election is not sufficient to establish a truly democratic nation.

Despite the complex and often highly specific nature of the social aspects of the HIV/AIDS pandemic, many projects working in the field do not base their strategies on local evidence, given the paucity of suitable local-level data as well as the presences of organisational constraints. A project offering HIV testing to farm-based communities in Stellenbosch is a case in point. While no prevalence data exists for this sub-population, the assumption was that there may be high levels of infection, following the organisation's experience of AIDS-related illnesses on these farms and the social conditions on wine farms which were thought to produce vulnerability for infection. Some in the organisation also thought that farm-based communities battled to access healthcare. During the first year of providing voluntary counselling and testing (VCT) on wine farms, however, the Stellenbosch Hospice's Farms Project consistently found lower than expected levels of HIV infection. This gave rise to the question being addressed in this thesis - which is what can be 'known' about HIV prevalence in a sub-population for whom there is no evidence-based prevalence data. In practical terms, if modestly-funded local-level organisations1 were able to undertake accessible forms of research, what would they be able to surmise about HIV prevalence among proposed beneficiaries? Taking an unusual approach to research on prevalence, this study employs a minimally positivist approach to investigate what can be 'known' about HIV prevalence on wine farms in the Stellenbosch area. It does so by 1 This term is used to include various forms of organisations - be they nongovernmental, non-profit or service organisations - which are small, relatively survivalist organisations. It may be a church-based organisation, a large communitybased healthcare organisation or a service organisation like a hospice. I do so to differentiate it from the larger, professionalised non-governmental organisations (NGO) which frequently have research capacity. My notional organisation is also not a community-based organisation (CBO), however, which are largely membership-based and whose access to their locations is usually more organic and embedded, while NPOs are invariably staffed by people who do not necessarily live in the locations in which they are intervening. vi triangulating data from the four sources that such an organisation might use, had they the capacity. These sources are published statistics and published articles, the opinions of local 'experts', and their own organisational data - in this case the first year of Farms Project's results. Significantly this does not include the more conventional surveys and statistical modelling, which is beyond this kind of organisation's capacity. After reviewing publicly available prevalence data and showing that there are none for this sub-sector, this study probes the HIV 'risk' and related prevalence data associated with issues of poverty, gender relations, 'race' and alcohol consumption on Stellenbosch wine farms. In addition it presents prevalence data from a sample of farms as well as reviews HIV 'risk' and prevalence in rural areas nationally. In doing so, it critiques the causal links often made between the kinds of social conditions found on farms and HIV infection. On the basis of the data considered and the methods used, the study finds that levels of HIV infection on farms could be expected to be lower than the average prevalence in the Stellenbosch health sub-district. It cautions, however, that this finding is not conclusive, not least as it was unable to consider some significant social conditions - like the movement of people, and effects of socially conscious farmers and the services they provide. In addition it is not generalisable to other South African farms, given the particularity of wine farms and of the Western Cape. The study concludes by noting the limited value of prevalence data to project design, given the range of factors that can affect it at any time, and that it necessarily masks variation within an area or sub-population. While prevalence is useful as a starting point in project design, it is important to disaggregate where infection lies through an analysis of key social conditions. The study concludes by highlighting the importance of this finer analysis for project design in order to avoid strategies founded on poor assumptions, while recognising the difficulty of this for modest organisations.

This thesis covers social and cultural aspects of the motorcycling movement during the interwar period of 1919 to 1939. Using contemporary records of both written and oral nature, a diverse set of themes are explored, beginning with the origins of the motorcycle enthusiasm, from its invention towards the end of the nineteenth century, to the dawn of the twenties, when for a while it held the dominant position in personal motorised transport, until through processes of economics such as the trickle down theory of consumer goods ownership, dominance was transferred to the motorcar. Next, the phenomenon of motorcycling clubs, their composition, practices and distribution, is covered in detail. Turning towards gender issues, the place women held within the movement is discussed. Despite a persistent element of male dominance within the pastime, some women held a prominent position, many achieving fame and acclaim both at a personal and national level. In the next chapter, legislative processes are covered, following governmental and police force involvement in controlling the increasing numbers of motorists of all types. Here, a special study of magistrates' records for the Darlington area provides a snapshot, which complements the national trends. Social class issues regarding the choice of motorized transport are addressed in the next chapter, allowing for a discussion of the wider, national picture and concentrating upon an analysis of the social structure of motorcyclists in the Darlington area, derived from records of registrations of 1920 machines. The motorcycle's place in art and related cultural themes is discussed in chapter six, allowing for analysis of artistic genre such as Futurism, Bauhaus, and other forms of modernist interpretation. Literary links with motorcycling, either through enthusiast journals or mainstream literature is explored, together with film and music, to provide an overview of motorcycling in these themes. Overall, the thesis discusses a wide range of hitherto unexplored themes relating to motorcycling during this era, and attempts to shed new light upon an important set of elements within social and cultural history.

This interdisciplinary thesis explores the connection between mental health and lifestyle in the eighteenth century. The thesis draws upon scholarly and medical writings on melancholy, from Robert Burton‘s Anatomy of Melancholy (1622) onwards, and consider these works alongside eighteenth-century literary representations and biographical testimonies from those suffering from melancholy. The thesis provides a new perspective and understanding of the terms in which depression and other associated nervous illnesses were medicalised in the eighteenth century. I argue against recent scholarly work which regards melancholy as a label interchangeable with nervous illnesses such as vapours, spleen and hysteria. I argue that in the eighteenth century melancholy was a clearly identified medical condition in its own right and that it was a depressive illness which can be closely related to today‘s depression. The thesis argues that there is a direct link between idleness and the melancholy state of mind and that a depressed state of mind was often the result of an idle lifestyle. Melancholy is also considered in relation to gender and the idle lifestyle that many females were forced to adopt. It then focuses upon three prominent literary figures: Samuel Johnson, William Shenstone and William Cowper, all of whom suffered from depression. The thesis considers Johnson‘s preoccupation with idleness as a symptom of his melancholy, a notion that has received little critical attention. Shenstone‘s experience is used to illustrate the depressing effect that a retired lifestyle could have on the individual. I argue that his melancholy was largely caused by the conflict created between his decision to live the idle lifestyle of a country gentleman and his desire to remain amongst society. Finally I re-evaluate the account of the mental turmoil expressed by Cowper in his spiritual autobiography Adelphi and provide evidence that suggests Cowper may have feigned the symptoms of religious melancholy in an attempt to resist the pressures placed upon him to follow a profession. Ultimately the thesis reveals that, in the eighteenth century, idleness was regarded as a major cause of, and symptom of, melancholy. Idleness was also seen as an obstruction to one of the most widely prescribed methods of cure for melancholy: occupation.

This thesis examines the role of the British merchant firm Jardine, Matheson & Co. (Jardine Matheson) in promoting and facilitating Chinese migration into and around the British Empire between 1833 and 1853. It argues that existing historiography on Chinese migration has focused too heavily on the late-nineteenth century and has paid insufficient attention to earlier experiments with Chinese labour. The case study of Jardine Matheson also emphasises the varied roles played by commercial organisations in the British Empire. Existing work has focused on the role of the firm’s partners either as opium traders or elite businessmen in colonial Hong Kong, with little analysis of their interest and involvement in Chinese migration. By examining Jardine Matheson’s archive of letters and accounts, official colonial correspondence, parliamentary papers, newspapers, books, journals and periodicals, the thesis will shed light on both the changing perceptions and uses of Chinese migrant labour in various imperial contexts from the 1830s to the 1850s. Chinese migration to different colonial destinations, including Singapore, Assam, New South Wales and Ceylon, will be examined comparatively. The colonial case studies examined in the thesis demonstrate how imperial experiments with Chinese labour in the mid nineteenth century were dependent on the resources and networks of Jardine Matheson on the China coast. The firm’s publishing network simultaneously circulated ideas about Chinese migrants that were reproduced across the British Empire. Additionally, Anglo-Chinese contact zones that developed over the 1830s and 1840s were crucial to the formation of stereotypes about a specifically Chinese ethnic character and systems of onward migration to global destinations. This thesis demonstrates the importance of Jardine Matheson – as well as connected Western commercial organisations and individuals – in facilitating Chinese migration and creating demand for Chinese labour during a period of rapid change in the British Empire.

This work examines the role of private elites in addition to public actors in West German-American relations in the post-World War II era and thus joins the ranks of the “new diplomatic history” field. It studies the Atlantik Brücke and the American Council on Germany (ACG) from the early 1950s to the mid-1970s – a history that has hitherto been neglected. The focus on private elites and their contributions to fledgling public-private networks within each country and across the Atlantic helps to shed light on the ways hostilities between West Germany and the US were addressed. Based on original archival research and applying tools of Social Network Analysis (SNA), this thesis starts from the assumption that international relations are conducted by elites. These elites are not only composed of democratically legitimized politicians and diplomats. Private actors representing business, industry, media, and academia are also involved, albeit hidden from public scrutiny. Private actors are enabled to do so because they are integral parts of dense state-private networks. The state-private network concept is innovatively transferred to the transnational level. The network term emphasises the fact that those connections are neither limited in quantitative terms nor are they confined to national boundaries. The analysis illuminates three sustainable achievements of the ACG and Atlantik-Brücke. Firstly, they contributed to forging a bipartisan foreign policy consensus at whose core has been a strong West-German-American relationship. Key in achieving this was the redirection of West German Social Democracy away from anti-militarism, neutralism, and socialism. Secondly, in fulfilling an elite coordination function, the organisations helped to secure the transatlantic partnership consensus by conveying it into business, trade and 2 industry circles in the US as well as in West Germany. Thirdly, by utilizing their manifold links to media and academia they assisted in manifesting this consensus in public discourse.

When arbitration is conducted online, some inherent, fundamental issues arise which could potentially undermine the enforceability of the final award under the provisions of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, the “New York Convention” (NYC). The study identifies four key challenges which a winning party seeking the enforcement of an electronic award according to the NYC might face with relation to the enforcement of that award: the validity of electronic arbitration agreements, the enforceability of consumer arbitration agreements concluded online, obstacles arising out of the conduct of the arbitration procedures online and the issue of electronic authentication of the final award. The study first critically analyses the NYC, to identify some key problems in relation to each of the said issues which might compromise or undermine the enforcement of awards rendered in online arbitration; it then makes suggestions as to some possible amendments to the NYC. The study then goes on to consider these issues in the context of the applicable law before the Dubai and DIFC Courts as the enforcement courts, to examine their ability to enforce such an award. The study concludes with several recommendations for both practice and law reform in the jurisdictions discussed, in relation to each issue. The study is original in that it is the first comprehensive analysis of all the said issues, from formation of the arbitration agreement, through various stages of online procedures, to the final enforcement of the award, within the examined jurisdictions. Further, the recommended changes would help to improve the efficiency and reliability of the courts of Dubai and DIFC with regard to the enforceability of an award given via online arbitration. This is a particularly important issue in light of the current and anticipated growth in the prominence of the identified jurisdictions as financial and business centres, the centrality of international arbitration to international business and the fundamental need for confidence in the enforceability of the courts and arbitration awards.

The purpose of this study is to determine the challenges O-level students face and other factors that contribute to poor reading-comprehension and it further seeks to establish the strategies that teachers employ in teaching reading-comprehension to O-level students. This study applied the qualitative case study methodology at a rural secondary school in Zimbabwe with twenty-nine participants purposively sampled. The students were first given two texts to read; one narrative and the other expository to provide information about the strategies they use to comprehend texts using a thinkaloud protocol to determine the challenges they face before, during and after reading narrative or expository texts. Further, the researcher conducted observation as a nonparticipant observer, semi-structured interviews, focus group discussions (FGD) and documentary evidence from class and exams' records about students' work. The results of the study reveal that O-level students face challenges in readingcomprehension as they are unable to approach written texts actively to interact meaningfully with texts and are incapable of setting specific goals for reading hence face challenges with word meanings, resulting in them unable to make connections with new vocabulary. When reading-comprehension gets difficult, students are only able to monitor their reading-comprehension using the clarifying strategy, which is only one of the monitoring strategies used to repair reading-comprehension failure. The main conclusion about students is that they lack vocabulary synonym-language to handle reading-comprehension tasks; they have not been availed reading materials to expand their vocabulary through extensive reading. Findings indicate that teachers are contradictory in their use of strategies that help students activate their prior knowledge and they use less effective methods such as lecturing and testing. They do not make use of the Communicative Language Teaching (CLT) approaches to process-teach reading-comprehension. Therefore, the researcher recommends a reflection upon current reading-comprehension teaching methods so as to improve instruction and that the government should buy textbooks and library books for students and reduce class sizes. Teachers also should conduct a formative assessment to improve teaching and draw up detailed schemes and organise school training days and also acquire old magazines and newspapers to provide students' extra reading material and give timely feedback to inform and monitor student progress in reading-comprehension.