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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.
11

A imprensa na justiça de transição : o problema da "cumplicidade civil" nos casos de Brasil e Argentina

Lentz, Rodrigo January 2014 (has links)
O presente estudo buscou compreender como o problema da cumplicidade civil da imprensa está colocado na Justiça de Transição: quais atos são entendidos como cumplicidade? Quais instituições civis foram cúmplices? De fato, em tempos de poderes ilimitados, houve “cumplicidade civil”? Com base no conceito de “Doutrina de Segurança Nacional” para interpretar o autoritarismo pós Segunda Guerra Mundial na América Latina, são comparados os casos brasileiro e argentino a partir da hipótese que a diferença de modelo de justiça de transição dos dois países também seria verificada na aplicação dos mecanismos ao problema da cumplicidade civil da imprensa. Para tanto, a pesquisa qualitativa examinou como a imprensa é abordada no Relatório final da Comissão Nacional de Desaparecimento de Pessoas da Argentina (CONADEP, 1985), no Relatório final da Comissão de Mortos e Desaparecidos Políticos do Brasil (CMDP, 2007) e nas obras referências sobre o problema da cumplicidade civil da imprensa “Cães de guarda: jornalistas e censores, do AI- 5 à Constituição de 1988, de Beatriz Kushnir (2004) e "Decíamos ayer: La prensa argentina bajo el Proceso, de Eduardo Blaustein e Martín Zubieta (1998)". Valendo-se de uma abordagem crítica da teoria da justiça de transição, ao realçar conceitos da teoria da cultura política para expandir o espectro das instituições e estruturas sociais alvos de uma restruturação que garanta a não-repetição, o estudo se propõe a mitigar o relativo silêncio e esquecimento do comportamento dos civis, em geral, e da imprensa, em maior grau, no enfrentamento dos legados do autoritarismo. A partir do estudo comparado, pode-se concluir que a diferença de modelo de transição entre os países não repercute em significativas diferenças no tratamento dado ao tema da cumplicidade civil da imprensa pela justiça de transição. Embora esteja presente uma colaboração difusa das grandes instituições de imprensa com o autoritarismo, os poderes de veto e de agenda dessas instituições na democracia impede a busca pela verdade e memória no campo. Por fim, ao final do estudo é proposto uma tipologia de seis práticas de cumplicidade civil da imprensa e uma agenda para a justiça de transição que avance no desafio de delimitar a fronteira entre a censura política à imprensa, própria do autoritarismo, e a adesão voluntária às práticas repressivas do autoritarismo. Assim, direcionar efetivamente os esforços justransicionais para os setores civis, em especial a imprensa, representaria uma verdadeira investida na principal base da ditadura: a cultura autoritária das instituições e dos indivíduos. / This study aims to comprehend how the problem of civil complicity of press lies within Transitional Justice: what acts are understood as complicity? What civil institutions were complicit? In fact, in times of unlimited power, was there "civil complicity"? Based on the concept of the "National Security Doctrine" to interpret the post World War II authoritarianism in Latin America, the Brazilian and Argentine cases are compared assuming that the Transitional Justice different models of this two countries would also be verified in the application of mechanisms to the press civil complicity issue. Therefore, qualitative research examined how the press is addressed in the Final Report of the National Commission for Disappeared People of Argentina (CONADEP, 1985), in the Final Report of the Commission of the Political Dead and Disappeared of Brazil (CMDP, 2007) and in the paradigm works on the problem of civil complicity of the press "Cães de guarda: jornalistas e censores, do AI-5 à Constituição de 1988”, from Beatriz Kushnir (2004) and “Decíamos ayer: La prensa argentina bajo el Proceso”, from Eduardo Blaustein and Martín Zubieta (1998). Drawing on a critical approach to Transitional Justice theory, enhancing political culture theory concepts to expand the spectrum of institutions and social structures targets of restructuring to ensure the non- repetition, this study aims to mitigate the relative silence and oblivion of the behavior of civilians, in general, and of the press, to a greater degree, in dealing with authoritarian legacies. From the comparative study, we can conclude that the transition model of different countries do not reflected in significant differences in the treatment given to the subject of civil complicity of the press by Transitional Justice. Although there is the presence of a diffuse collaboration of major media institutions with authoritarianism, the veto and agenda powers of these institutions in democracy hinders the search for truth and memory in the field. Finally, at the end of the study, a six press civil complicity practices typology is proposed, as well as an agenda for Transitional Justice that goes on the challenge of defining the boundary between political censorship of the press, typical from authoritarianism, and the voluntary adherence to repressive authoritarianism practices. Thus, effectively directing justransicionals efforts to the civilian sectors, especially the press, represents a real assault on the main base of the dictatorship: the authoritarian culture of both institutions and individuals.
12

A imprensa na justiça de transição : o problema da "cumplicidade civil" nos casos de Brasil e Argentina

Lentz, Rodrigo January 2014 (has links)
O presente estudo buscou compreender como o problema da cumplicidade civil da imprensa está colocado na Justiça de Transição: quais atos são entendidos como cumplicidade? Quais instituições civis foram cúmplices? De fato, em tempos de poderes ilimitados, houve “cumplicidade civil”? Com base no conceito de “Doutrina de Segurança Nacional” para interpretar o autoritarismo pós Segunda Guerra Mundial na América Latina, são comparados os casos brasileiro e argentino a partir da hipótese que a diferença de modelo de justiça de transição dos dois países também seria verificada na aplicação dos mecanismos ao problema da cumplicidade civil da imprensa. Para tanto, a pesquisa qualitativa examinou como a imprensa é abordada no Relatório final da Comissão Nacional de Desaparecimento de Pessoas da Argentina (CONADEP, 1985), no Relatório final da Comissão de Mortos e Desaparecidos Políticos do Brasil (CMDP, 2007) e nas obras referências sobre o problema da cumplicidade civil da imprensa “Cães de guarda: jornalistas e censores, do AI- 5 à Constituição de 1988, de Beatriz Kushnir (2004) e "Decíamos ayer: La prensa argentina bajo el Proceso, de Eduardo Blaustein e Martín Zubieta (1998)". Valendo-se de uma abordagem crítica da teoria da justiça de transição, ao realçar conceitos da teoria da cultura política para expandir o espectro das instituições e estruturas sociais alvos de uma restruturação que garanta a não-repetição, o estudo se propõe a mitigar o relativo silêncio e esquecimento do comportamento dos civis, em geral, e da imprensa, em maior grau, no enfrentamento dos legados do autoritarismo. A partir do estudo comparado, pode-se concluir que a diferença de modelo de transição entre os países não repercute em significativas diferenças no tratamento dado ao tema da cumplicidade civil da imprensa pela justiça de transição. Embora esteja presente uma colaboração difusa das grandes instituições de imprensa com o autoritarismo, os poderes de veto e de agenda dessas instituições na democracia impede a busca pela verdade e memória no campo. Por fim, ao final do estudo é proposto uma tipologia de seis práticas de cumplicidade civil da imprensa e uma agenda para a justiça de transição que avance no desafio de delimitar a fronteira entre a censura política à imprensa, própria do autoritarismo, e a adesão voluntária às práticas repressivas do autoritarismo. Assim, direcionar efetivamente os esforços justransicionais para os setores civis, em especial a imprensa, representaria uma verdadeira investida na principal base da ditadura: a cultura autoritária das instituições e dos indivíduos. / This study aims to comprehend how the problem of civil complicity of press lies within Transitional Justice: what acts are understood as complicity? What civil institutions were complicit? In fact, in times of unlimited power, was there "civil complicity"? Based on the concept of the "National Security Doctrine" to interpret the post World War II authoritarianism in Latin America, the Brazilian and Argentine cases are compared assuming that the Transitional Justice different models of this two countries would also be verified in the application of mechanisms to the press civil complicity issue. Therefore, qualitative research examined how the press is addressed in the Final Report of the National Commission for Disappeared People of Argentina (CONADEP, 1985), in the Final Report of the Commission of the Political Dead and Disappeared of Brazil (CMDP, 2007) and in the paradigm works on the problem of civil complicity of the press "Cães de guarda: jornalistas e censores, do AI-5 à Constituição de 1988”, from Beatriz Kushnir (2004) and “Decíamos ayer: La prensa argentina bajo el Proceso”, from Eduardo Blaustein and Martín Zubieta (1998). Drawing on a critical approach to Transitional Justice theory, enhancing political culture theory concepts to expand the spectrum of institutions and social structures targets of restructuring to ensure the non- repetition, this study aims to mitigate the relative silence and oblivion of the behavior of civilians, in general, and of the press, to a greater degree, in dealing with authoritarian legacies. From the comparative study, we can conclude that the transition model of different countries do not reflected in significant differences in the treatment given to the subject of civil complicity of the press by Transitional Justice. Although there is the presence of a diffuse collaboration of major media institutions with authoritarianism, the veto and agenda powers of these institutions in democracy hinders the search for truth and memory in the field. Finally, at the end of the study, a six press civil complicity practices typology is proposed, as well as an agenda for Transitional Justice that goes on the challenge of defining the boundary between political censorship of the press, typical from authoritarianism, and the voluntary adherence to repressive authoritarianism practices. Thus, effectively directing justransicionals efforts to the civilian sectors, especially the press, represents a real assault on the main base of the dictatorship: the authoritarian culture of both institutions and individuals.
13

Účastenství / Participation

Slavíková, Lucie January 2017 (has links)
Participation Abstract The submitted thesis analyzes the institute of participation in the broader sense in Czech criminal law, thus except for participation in the narrower sense it focuses also on complicity. Participation is one of the most complicated topics of the general part of the criminal law while being currently one of the most relevant topics, since the number of criminal offences committed in cooperation is increasing. The purpose of the thesis is to critically evaluate current legal regulation of participation in the Czech Criminal Code and to suggest possible solutions to some of the identified drawbacks. This goal should be fulfilled not only by the analysis of Czech expert literature and case law, but also by the comparison with French and Belgian legal regulations of participation and by the analysis of relevant French and Belgian expert literature and case law. Except for the introductory part and the conclusion the thesis is composed of four chapters, which are further divided. The first chapter focuses firstly on a criminal participation of more persons in the commission of criminal offences in general and the possibilities of their punishment. In this context the system of plurality of criminal offences and the system of unity of a criminal offence (also known as the dualistic and...
14

State Complicity in business-related human rights abuses: Analysing the State’s failure in protecting Land rights in Africa

Mabuza, Lihle 10 1900 (has links)
African governments have been under pressure to develop their economies and as such have opened up their resources to all forms of FDI. In this regard, the continent continues to be the foremost destination for foreign direct investment (FDI) and notably, land is and has historically been the resource at the heart of these investments. These investments are causing a huge commercial pressure on land and other natural resources, resulting in large-scale land acquisitions by foreign corporations. These acquisitions, better known as ‘land grabs’ are not a new phenomenon, because land grabs in Africa date back to pre-colonial times and evolved during colonial rule but they have risen once again, in the post-colonial state, in what has been termed the new scramble for Africa. Land grabs are characterised by complex relations, amongst numerous actors and African states play the role of a mediator between the different prospective and existing investors (transnational corporations), and citizens whilst at the same time trying to pursue its national developmental goals. While the states facilitation of FDI is important to drive economic development, the current model impacts negatively on land rights in the communities where these investments occur. Research from various countries across the continent show that land grabs are a serious challenge for rural populations in Africa resulting in the violations land rights of these populations. Most research around land grabs has concentrated on the influence of foreign investors, however, it must be acknowledged that land grabs cannot occur without, and are facilitated by states. Therefore, the role of states or governments cannot be ignored. In this regard, this research focuses on the role of states in land grabs in Africa and how they undermine land rights. / Mini Dissertation (MPhil (Human Rights and Democratisation in Africa)) --University of Pretoria, 2021. / European Union through the Global Campus of Human Rights / The Royal Norwegian Embassy in Pretoria, South Africa / Centre for Human Rights / MPhil (Human Rights and Democratisation in Africa) / Unrestricted
15

Business Operations in Armed Conflicts : An analysis of the criminal responsibilities of business executives operating in high-risk contexts / Affärsverksamhet i väpnade konflikter En analys av det straffrättsliga ansvaret för företagsledare som verkar i högrisksammanhang : En analys av det straffrättsliga ansvaret för företagsledare som verkar i högrisksammanhang

Akpere, Emuesiri January 2023 (has links)
The involvement of multinational corporations, international traders, transporters, processors, and retailers has a crucial significance in high-risk contexts there is a wide range of commercial activities that can make economic actors criminally responsible for gross violations of international humanitarian law and human rights: this includes the sale of weaponry, pillaging or commercial transactions unrelated to war. Allowing companies and their managers to shield themselves is harmful to the development of international law. Despite the fact that international criminal law does not foresee the criminal responsibility of legal entities, international criminal law does envisage the criminal responsibility of individuals, including those in charge of large-scale commercial activities. This thesis examines the manner in which international law regulates the complicity of business executives (in their capacity as company directors/officials) managing firms within the context of an armed conflict. Complicity is a subset of culpability that connects an accomplice to a primary actor's crime. This thesis examines the framework for evaluating complicity standards and suggests alternatives to normative prosecution of company leaders. I demonstrate that international criminal law regulates individual involvement in a comprehensive manner, employing the theories of incitement and aiding and abetting to inculpate complicit actors in international crimes, and these theories are differentiated by the extent of involvement in an unlawful complicitous activity, a threshold of knowledge of the fault needed of the accomplice, and a connection requirement between the accomplice's activities and the principal’s wrong. Similarly, it investigates the evolution of the concept of complicity in customary criminal law via tribunals and hybrid courts. It examines the evolution of complicity in light of social media, war sponsorship, and profit-motivated support provided to governments
16

Individual Emissions and Moral Responsibility for Climate Harm / Individuella utsläpp och moraliskt ansvar för miljöskada

Kabel, Aleks January 2021 (has links)
This essay argues that personal greenhouse gas emissions render the individual responsible forclimate-related harm to a great extent. To accomplish this, there will primarily be a focus onanswering the most important criticisms of individual climate responsibility. Issues concerningcausality are the first to be brought up, followed by issues concerning direct harm, simpledivision and unintentional contributions to harm, among other topics. The three main conclusionsdrawn in the discussion of these topics are that individual emissions can be considered partialcauses of climate harm, that most emission-heavy activity is immoral to some extent, and that theact of contributing to collective actions with foreseeable negative effects is morally questionable.These conclusions and their implications will be interpreted in a way that is compatible with thedefinition of responsibility that is used. Responsibility is considered to be a matter of degree forthe purposes of this essay. This will allow for a much wider range of relevant aspects to be takeninto consideration, when arguing for individual responsibility for climate harm
17

The “defiant but insane look of a species once dominant” – The Problems of Emancipation in Margaret Atwood’s Surfacing

Skagerström, Karl-Johan January 2014 (has links)
Margaret Atwood’s novel Surfacing has received considerable critical attention on the issue of “a positive female identity” in a patriarchal society. However, given Atwood’s own stress on the fact that the novel is about the ways both genders work in relation to each other, this criticism has lacked in scrutiny of the novel’s male characters. With a relational approach to the female and male characters, this thesis argues that while creating a positive identity for its female protagonist, the novel effectively creates a rather negative one for its male characters. In order to examine certain sets of relations and the qualities which represent the most honored way of being a man in the novel, I apply the concept of “hegemonic masculinity,” which can be understood as the pattern of practices that explain male domination over women. It is indeed this hegemonic masculinity that the Surfacer rejects in her quest for emancipation. By looking at the hegemonic masculinity in Surfacing, I argue that the novel depicts very typically patriarchal characters in Joe and David and that the society is typically patriarchal. The thesis is divided into three main sections, each examining the most important sets of relations concerning Atwood’s female emancipation. First, I analyze hegemonic structures in the world of the protagonist, including the issues of power, emancipation, and complicity. Then I look into the sexual division of labor to show that the characters assume their default roles without much reflection. Finally, I scrutinize the characters’ relation to the Symbolic and how it affects their sense of identity. In each section, the analyses show that the male characters are reduced to tropes who only serve one function: to be stereotypically oppressive, patriarchal figures in order to facilitate the protagonist’s positive change and empowerment. I argue that Atwood’s failure to imagine male emancipation somewhat taints the development of female identity because the female emancipation becomes arrested.
18

El Pretérito Perfecto Compuesto del español de Chile, Paraguay y Uruguay : Aspectos semánticos y discursivos / The Present Perfect in the Spanish of Chile, Paraguay and Uruguay : Semantic and discursive aspects

Henderson, Carlos January 2010 (has links)
The aim of the present work is to describe the semantics and the discursive functions from a general cognitivist point of view of the usage of the Present Perfect in the spoken Spanish of Chile, Paraguay and Uruguay. It is argued that cross-linguistic values often ascribed to perfect, such as continuity, current relevance and recency to the speech time –ST– do not offer a consistent view of the actual usage. It is assumed that a basic meaning of the perfect operates in the studied dialects and is retrievable in all tokens, which differs significantly from the current descriptions of the perfect of “general” Spanish. The results show that the ST might very well be an inference of the basic meaning of the Perfect but it is not an intrinsic component of the Perfect’s semantics. Based mainly on Dahl & Hedin (2000), as well as on Langacker (1987), the revitalizing of the concepts type and token reference are suggested as key principles for identifying the respective domains of the Spanish Present Perfect and the Simple Past in the studied area. The Perfect, through type reference, makes an assertion of a situation as a representation of the class-type of the verbal semantics. The Simple Past, however, through token reference conceptualizes the situation as having explicit or implicit anchoring in the chronological axis of time. Three main kinds of contexts occur typically with the Perfect in the samples: detemporalized ascertainment, summary (in a broad sense of the word) and aspectual complexity. Summary scanning (Langacker, 1987), i.e. the schematic and holistic detemporalized conceptualization of the development of a given situation, is claimed to be used by informants for discursive purposes, granting a greater rhetorical weight to the Perfect. The results founded in this thesis indicate that the perfect tenses in Spanish have followed (and are following) different developmental paths that are not necessarily restricted to the same sequences and mode of grammaticalization.
19

'n Kriminologiese ondersoek na motorvoertuigkaping met spesifieke verwysing na slagoffervatbaarheid, slagofferaandadigheid en die modus operandi van die oortreder (Afrikaans)

Davis, Linda 24 March 2004 (has links)
The nature and extent of vehicle hijacking is increasing world-wide. Vehicle hijacking is also one of the most serious crimes the South African Police Service has to deal with. The climate of violence that currently exists in South Africa and the need for more knowledge concerning priority crimes necessitate research on this topic. Although research that has been undertaken in South Africa to date focuses on the nature and extent of vehicle hijacking as well as the victim’s experience of the event, little empirical information exists regarding the modus operandi of offenders and the victim’s role in the commission of the crime. On account of this it was decided to investigate the planning, operational and escaping phases which reflect the modus operandi of the hijacker. An attempt was also made to determine the extent to which victims are vulnerable to vehicle hijacking and how individuals could contribute to their victimisation. To test the research expectations and hypotheses, 110 victims and 12 vehicle hijackers were involved in the study. A mailed questionnaire was sent to the victims, while interviews were conducted with 12 hijackers in the Pretoria Central Prison. Based upon the analysis and interpretation of the data it was found that most hijackers spend at least some time on the planning of a vehicle hijacking. They also considered both the positive (namely the financial advantage gained from hijacking) and the negative aspects (namely injuries, death, arrest and imprisonment) associated with committing the crime. Analysis of the data shows that vehicle hijacking does not occur involuntarily and that hijackers select specific targets. Although the misconception exists that the vehicle and the motorist are equally important during the selection of the target, the findings show that the vehicle which is on order, serves as the main reason for target selection. The race of the motorist as well as the number of passengers in the vehicle are the only two variables that influence hijackers not to select an identified target. Furthermore, it seems evident that the presence of policy officials is the only environmental factor that will deter a hijacker from committing the crime. The findings also show that hijackers prefer a specific day, time, place and circumstances to hijack a vehicle and that hijacking is a group activity that is executed by two to four males. Verbal threats as well as violence form part of the hijacking. It appears that race and occupation are the only two demographic variables that influence vulnerability. The make and value of the vehicle as well as the number of passengers in the vehicle could increase a victim’s potential risk for victimisation. The findings show that victims cannot be held accountable for a vehicle hijacking. Victims rarely neglect to take the necessary precautions against victimisation, enter potentially dangerous situations and/or drive recklessly. Based upon that findings, certain conclusions with regard to the aims of the study are reached. Based on this, recommendations are made concerning further research as well as suggestions regarding the prevention of vehicle hijacking. / Thesis (DPhil(Criminology))--University of Pretoria, 2005. / Social Work and Criminology / Unrestricted
20

Art after Auschwitz : dimensions of ethics and agency in responses to genocide in post World War II art practice

Kyriakides, Yvonne January 2012 (has links)
Rather than being located in a field of art that addresses genocide through assumptions connected with identity issues or activism, this thesis of an artist’s exploration of artistic response to genocide in post World War II art practice, is informed by the emerging field of genocide scholarship. Seeing a parallelism between the concerns of genocide scholars and artists who respond to genocide, this thesis is an interdisciplinary study of art positioned alongside the field of genocide scholarship, as theorised by scholars such as Donald Bloxham and A. Dirk Moses. In addressing genocide through broader historical trends, periods and structures, it assumes that artists who respond to genocide share with genocide scholars a concern about genocide at a secondary level and share the potential to create illumination in the field. This thesis explores art practices that address genocide conceptually through structure and material. The central claim of this thesis is that recent and contemporary art practices, here discussed, show a concern to respond to genocide as an ethical response, and that they do so by engaging with the complexity of abstract issues such as complicity and agency. The initial analysis of Adorno’s discourse on ethics, as it relates to response in art, sets up a level of complexity for two further investigations that interrogate the discourses of victim representation and lens-based documents of genocide through ethics and agency. Together these provide an analytical framework for the project. Close readings informed by genocide scholarship, of art practices including those of Jimmie Durham and Francis Alÿs, take forward notions in the existing critical field. These readings yield not only the evidence that demonstrates a commitment to creating ethically based art through conceptually informed practice, in artists responding to genocide, but also the value of a cultural critique that is informed by genocide scholarship.

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