Global ETD Search

1	Addressing Global Threat: Exploring the Relationship between Common Purpose and Leadership Powell, Charles R.H. 19 November 2014 (has links) No description available. Armed Forces Public Policy History Psychology leadership common purpose phenomenology nuclear weapons reduction nuclear disarmament nonproliferation self-actualization
2	The nature of association and dissociation for common purpose liability Makiwane, Paterson Nkosemntu 11 1900 (has links) Since the pre-requisites for common-purpose liability where there was no prior agreement were laid down in S V Mgedezi 1989 (1) SA 687 (A), the appellate division has moved to resolve related controversial issues. These include the question whether a joiner-in is a perpetrator or accomplice, and whether he should be convicted of murder or attempted murder. It is the question of dissociation which has remained elusive. Courts accept that a person should only be criminally liable when his dissociation from a common purpose takes place after the commencement of execution stage is reached. My submission is that whether one dissociates himself should be a question of fact, to be determined according to the circumstances of each case. Such determination should pay close attention to the doctrine of proximity. Where a person played a minor role, or acted under the influence of a dominant partner, this should be reflected in the punishment imposed. / Criminal & Procedural Law / LL.M. (Criminal & Procedural Law) Accomplice Association Causation Commencement of execution Criminal law culpability Dissociation Doctrine of common purpose 345.4068 Criminal intent -- South Africa. Accomplices -- South Africa. Criminal liability -- South Africa.
3	The nature of association and dissociation for common purpose liability Makiwane, Paterson Nkosemntu 11 1900 (has links) Since the pre-requisites for common-purpose liability where there was no prior agreement were laid down in S V Mgedezi 1989 (1) SA 687 (A), the appellate division has moved to resolve related controversial issues. These include the question whether a joiner-in is a perpetrator or accomplice, and whether he should be convicted of murder or attempted murder. It is the question of dissociation which has remained elusive. Courts accept that a person should only be criminally liable when his dissociation from a common purpose takes place after the commencement of execution stage is reached. My submission is that whether one dissociates himself should be a question of fact, to be determined according to the circumstances of each case. Such determination should pay close attention to the doctrine of proximity. Where a person played a minor role, or acted under the influence of a dominant partner, this should be reflected in the punishment imposed. / Criminal and Procedural Law / LL.M. (Criminal & Procedural Law) Accomplice Association Causation Commencement of execution Criminal law culpability Dissociation Doctrine of common purpose 345.4068 Criminal intent -- South Africa. Accomplices -- South Africa. Criminal liability -- South Africa.
4	The interpretation and application of dolus eventualis in South African criminal law Awa, Linus Tambu 11 1900 (has links) An accused cannot be held criminally liable by a court until he is considered to be culpable, a process which entails establishing criminal capacity and intention (dolus) or negligence (culpa). Determining a perpetrator’s necessary intent in the form of dolus eventualis has proved to be a predicament in South African jurisprudence. This type of intent occurs when a person does not aim to cause the unlawful act, however, he subjectively foresees the likelihood that in pursuing with his conduct, the unlawful result will possibly happen, and he reconciles himself to this possibility. The problem with this form of intention, especially where the death of another is caused recklessly, is, amongst others, reservations as to whether the perpetrator’s foresight was of a real, reasonable or a remote possibility. This research examines the imperatives and rationale for preceding and current interpretations and applications of dolus eventualis and associate concepts in South African as well as in selected foreign legal frameworks in order to provide a comprehensive perspective on the subject. In this regard, the study challenges conflicting judgments on the application of dolus eventualis in domestic courts, especially as regards homicide- and putative private defence cases, amongst others. It is evidenced that in case law concerning dolus eventualis, legal rules were not properly articulated when determining this type of criminal intent. In this investigation, the legislative framework applicable to dolus eventualis under international law is also critically evaluated with the aim of facilitating the comprehension of this element in South African law. As the concept of dolus eventualis is an indispensable concept in South African criminal law, recommendations are proposed on the application and interpretation of dolus eventualis suitable to the South African landscape, which includes possible law reform. / Criminal and Procedural Law / LL. D. (Criminal and Procedural Law) Actus reus Culpa Culpability Doctrine of common purpose Dolus Dolus directus Dolus eventualis Dolus indirectus Foresight Mens rea Recklessness 345.4068 Criminal intent -- South Africa Criminal liability -- South Africa Criminal law -- South Africa
5	Les rapports patrimoniaux entre concubins et leur liquidation. Etude comparative des droits français et polonais / Property relations between cohabitants and their settlement. A comparative study of French and Polish law Pfeifer-Chomiczewska, Katarzyna 12 June 2015 (has links) Après avoir quitté le monde de la réprobation, le concubinage a intégré l'ordre social et par suite, l'ordre juridique. Le concubinage est devenu l'une des conjugalités. Contrairement au législateur français, le législateur polonais n'a pas donné de définition du concubinage. Nonobstant cette différence, les éléments constitutifs du concubinage dans les deux systèmes légaux se ressemblent. Le concubinage se caractérise tant en France qu'en Pologne par: l'absence de lien juridique entre les concubins, la monogamie, la stabilité et la continuité et la communauté de vie. Dans les deux pays, le concubinage n'est pas juridiquement inorganisé. Le concubinage ne fait naître aucun droit ni obligation entre concubins, que ce soit sur le plan personnel ou patrimonial. / After leaving the world of disapproval, concubinage has integrated the social order and consequently the legal order. In French law, cohabitation is legally defined. In Poland, a legal definition of cohabitation does not exist. Notwithstanding this difference, the elements of cohabitation in the two legal systems are similar. Cohabitation is characterized in France and in Poland by the absence of a legal relationship between partners, monogamy, stability and continuity, and community of life. In both countries, concubinage is not legally organized. Cohabitation does not create any rights or obligations between the cohabitants, whether in a personal, property or financial sphere. Property relationships of cohabitants and their liquidation pose many difficulties. In order to legally qualify the economic acts of the cohabitants, it is necessary to retrospectively analyse the facts. Concubinage Rapports patrimoniaux But commun But individualiste Rupture Liquidation Patrimoine Communauté légale Société Indivision Donation Prêt solidarité ménagère Enrichissement sans cause Gestion d'affaires Contrat de travail Successions Dommage et intérêts Cohabitation Economic relations Common purpose Individual purpose Property End of cohabitation Settlement of accounts Contracts Compensation Property Company Donation Unjust enrichment Labour contract Management of property Succession Damages 340

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