D.Litt. et Phil. (Social Work) / The Commission of Enquiry in the Structure and Function of the Courts (1983) and subsequent legislation Family Court Act (Act No. 62 of 1985), Divorce Amendment Act (Act 63 of"1985) and the Mediation Divorce Proceedings Act (Act 63 of 1986) recommended and paved the way for a family court with attendant social services to be integrated with aspects of marriage dissolution in South Africa. These proposals and legislation proved both to be innovative and contentious and have occasioned much debate, and stimulated and motivated by the above, t;,e candidate in this dissertation undertakes I an examination of the parameters of the social services envisaged as regards divorce services, with particular reference to the construct of mediation, its significance, technology and feasibility. The research is formulated and structured around the research goals and objectives of acquiring information of an academic as well as a practice nature, with a view to increasing the knowledge base of such service ideology, in order to more effectively evaluate the need for the rendering of such service. The research questions formulated to-provide' both the information and the resultant answers are those that relate to the concept of mediation and the practice thereof; the range and type of social services in a divorce court service; the working of family law systems in other parts of the world and their comparison to proposals for South Africa; the integration of the social services within a court system and the professional equipment of the staff. needed to perform such services. In order to acquire the information to address the issues, the methodology embarked on by the candidate involved the undertaking of a literature study of the field of mediation and family/law courts; correspondence with social services and judico/legal bodies in the United States of America, England, Canada, Australia, New...

Thesis (M. A.) -- University of Limpopo, 2019 / My study investigates the establishment of a family institution with special reference to Vatsonga.The study will focus on comparing the traditional with modern ways of establishing a family institution. The study aims at investigating values and principles behind strong foundations upheld by old people regarding families. The study could lay a foundation for scholars’ further investigative studies on establishment of African traditional families. The study will serve as a reference in times of family crisis for potential readers. It is going to employ a qualitative research approach where unstructured interviews will be used to engage participants with relevant information. The study will engage twelve participants (six male and six female) elderly people who have experience in traditional family establishment whose ages range from fifty-five and above. It will be conducted around Malamulele area in Vhembe District of Limpopo and it will be conducted in Xitsonga.

Clinical interest in PMS has existed for more than one and a half centuries. There is still no consensus about its frequency, seriousness, etiology or treatment. Its impact on marital relationships has not been an area of research interest, even though one woman in twenty, or even one every ten, may be so afflicted that her life is disrupted premenstrually month after month. This study was designed to explore this research area through the use of prospective self-reporting measuring instruments completed on a daily basis by both husband and wife in six couples over a time period of one complete menstrual cycle. The husband's perception of his wife's negative affect was one independent variable. The wife's perception of her own negative affect was the other. Six dependent variables were measured: The husband's and wife's self rating of own marital satisfaction; the husband's and the wife's perceptions of the spouse's displeasing behaviors; and the husband's and the wife's perceptions of the spouse's pleasing behaviors. A case study approach was used and, in addition to time series analysis of the daily ratings, a semi-structured exit interview was conducted with each couple so that anecdotal material could be compared and evaluated along with the quantifiable data. Because of the nature of the study, self-definition and diagnosis of PMS was chosen as the admission criterion. In addition, the wife could not be using oral contraceptives, nor could she be taking over-the-counter or prescribed medication for her PMS. Decreases in the husband's marital satisfaction were found to be associated with increases in his perception of his wife's negative affect in five of the six cases. In four of the six cases, the husband perceived an increase in displeasing behaviors by his wife when he perceived an increase in her symptoms. / Ph. D.

Thesis (M.A.)--Georgia State University, 2009. / Title from title page (Digital Archive@GSU, viewed July 20, 2010) Michael Herb, committee chair; Jelena Subotic, Scott Graves, committee members. Includes bibliographical references.

Thesis (Ph. D.)--ha-Universiṭah ha-ʻIvrit bi-Yerushalayim, 2002 / Includes bibliographical references leaves 286-[312].

Thesis (LLM )-- Stellenbosch University, 2004. / ENGLISH ABSTRACT: The Constitution of the Republic of South Africa entrenches the best interests of the child as being of paramount importance in all matters concerning the child. This commitment to the promotion of the welfare of children is not unique to modern South African law, but is an acknowledged principle of the common law and international child law as well. With such well-established recognition the question, which forms the primary focus of this study, arises whether the principle of the best interests of the child is workable and applicable in real life scenarios where the custody of a child has to be decided. The challenge to the application of the principle in this context is to reach a decision that will protect the parent-child relationship regardless of the marital breakdown. The question is whether the principle allows for and creates an honest awareness of and commitment to the welfare of children that influence decisions in this context or whether courts and decision-makers merely pay lip service to it in order to conceal the haphazard way in which custody is awarded. In order to determine the workability and applicability of the principle, it is necessary to know how the principle has evolved in the South African legal context. Through the examination and analysis of existing literature, international conventions, legislation and case law, a number of different perspectives on the developments in the interpretation and application of the principle are provided. These perspectives culminate in the useful and constructive insight and conclusion that the value of the concept is dependant upon the correct approach to the principle and its characteristics. The defining characteristic of the principle of the best interests of the child is its inherent vagueness and indeterminacy. Though this subjects the principle to serious criticism, this study supports the argument that indeterminacy is in fact essential. It ensures not only the flexibility of the concept, rendering it applicable to the time, cultural sphere and social context and unique circumstances of each case it is applied to, but a holistic approach to the child as individual and family as a unit as well. This holistic approach forms the foundation of the lists of criteria in McCall v McCall 1994 (3) SA 201 (C) and the Children's Bill, thereby establishing the workability and value of the principle for fair and just results in all decisions pertaining to the custody of children. / AFRIKAANSE OPSOMMING:Die Grondwet van die Republiek van Suid-Afrika verskans die beste belange van die kind as van deurslaggewende belang in elke aangeleentheid rakende die kind. Die verbintenis tot die bevordering van die belange van kinders is nie 'n verskynsel uniek aan die moderne Suid-Afrikaanse reg nie, maar is 'n erkende beginsel in beide die gemenereg en die internasionale kinderreg. Met hierdie wyd-verspreide en algemene erkenning ontstaan die vraag, wat dan ook die primêre fokus van hierdie studie vorm, of die beginsel van die beste belang van die kind werkbaar en toepaslik is in ware lewensdramas waar 'n beslissing oor die bewaring van 'n kind gemaak moet word. Die uitdaging vir die toepassing van die beginsels in hierdie konteks is om 'n besluit te neem wat die voortbestaan van die ouer-kindverhouding ten spyte van die verbrokkeling van die huwelik sal verseker. Die vraag is of die beginsel werklik 'n eerlike bewussyn van en verbintenis tot die welstand van kinders skep wat die besluitnemingsproses in hierdie konteks beïnvloed en lei en of howe en besluitnemers bloot die regte lippetaal gebruik om die lukrake manier waarop besluite geneem word te verbloem. Om die werkbaarheid en toepasbaarheid van die beginsel te bepaal is dit nodig om die proses van evolusie van die beginsel in die Suid-Afrikaanse reg onder oënskou te neem. Deur die ondersoek en analise van bestaande literatuur, internationale konvensies, wetgewing en hofuitsprake word 'n aantal perspektiewe op ontwikkelinge in die interpretasie en toepassing van die beginsel voorgelê. Hierdie perspektiewe lei tot die betekenisvolle en opbouende gevolgtrekking en insig dat die waarde van die konsep afhang van 'n korrekte benadering tot die beginsel en sy kenmerke. Die hoofkenmerk van die beste belange van die kind beginsel is die inherente vaagheid en ondefinieerbaarheid daarvan. Hoewel dit die beginsel aan ernstige kritiek onderwerp, ondersteun hierdie studie die argument dat die onbepaaldheid in der waarheid noodsaaklik is. Dit verseker nie alleen buigsaamhied, wat toepassing op alle tye in alle kulturele en sosiale omgewings en besondere omstandighede van 'n spesifieke geval moontlik maak nie, maar ook dat 'n holistiese benadering tot die kind as individue en die gesin as eenheid gevolg word. Hierdie holistiese benadering vorm die grondslag van die lyste van faktore in McCall v McCall 1994 (3) SA 201 (C) en die Wetsontwerp op Kinders 2003 waarmee die werkbaarheid en waarde van die beginsel vir billike en regverdige resultate in alle aangeleenthede rakende die bewaring van kinders verseker kan word.

published_or_final_version / Social Work / Master / Master of Social Work

Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2018-06-15T12:34:32Z No. of bitstreams: 1 Maristela Aparecida Dutra.pdf: 2203754 bytes, checksum: 0eb02694fce075e8adc05108a6ce7590 (MD5) / Made available in DSpace on 2018-06-15T12:34:32Z (GMT). No. of bitstreams: 1 Maristela Aparecida Dutra.pdf: 2203754 bytes, checksum: 0eb02694fce075e8adc05108a6ce7590 (MD5) Previous issue date: 2018-04-04 / This thesis proposes the application of arbitration as an alternative form of dispute resolution in family law this vein, there was a brief specificity of family conflicts as well as a historical overview and legislative developments in family law in the Brazilian legal system.extrajudicial means of conflict resolution, as well as the limits and possibilities of any obstacles currently encountered when access to the Brazilian judiciary for application of arbitration in family law was analyzed. One must not forget that the concept of family has undergone numerous changes and the extended follow these social changes, to better fulfill the ideal of justice, based on the constitutional principle of human dignity, existential minimum,without neglecting the principle of objective good faith and social function of the contract.In the study of arbitration, are analyzed its features, convention species, differences between arbitration clause and arbitration, seeking also list the advantages and disadvantages of arbitration proceedings in relation to national court proceedings.As this work is geared to family law, it was made a deepening of the legal concept of the family, its importance and specific principles, passing by institutes such as the stable union and its dissolution, divorce, food, child custody, and visits parental alienation.an analysis of the interdisciplinary nature of family law has been made,reason which concludes the paper proposing the use of arbitration as an alternative way to resolve conflicts in family relationships, presenting the country jurisprudence on arbitration in this matter, as well as foreign experience on the world stage.Finally, this thesis sought to present the main issues concerning arbitrability in Brazilian law, with a hint of legislative change to the Arbitration Act, seeking the effectiveness of this institute in family law / A presente tese propõe a aplicação da arbitragem como forma alternativa de solução de conflitos no Direito de Família. Neste diapasão, foi realizado um breve trabalho da especificidade dos conflitos familiares, bem como um apanhado histórico e evolução legislativa do direito de família no ordenamento jurídico brasileiro. Foi analisado os meios extrajudiciais de solução de conflitos, bem como os limites e possibilidades de eventuais óbices atualmente encontrados ao acesso ao poder judiciário brasileiro para aplicação da arbitragem no direito de família. Não se pode olvidar que o conceito de família que vem sofrendo inúmeras mudanças, devendo o direito acompanhar essas mudanças sociais, para melhor cumprir o ideal de justiça, tendo por base o princípio constitucional da dignidade da pessoa humana, mínimo existencial, sem descurar do princípio da boa-fé objetiva e função social do contrato. No estudo do procedimento arbitral, são analisadas suas características, espécies de convenção, diferenças entre cláusula compromissória e compromisso arbitral, procurando, igualmente, elencar as vantagens e desvantagens do processo arbitragem em relação ao processo judicial estatal. Como o presente trabalho está voltado para o Direito de Família, foi feito um aprofundamento sobre o conceito jurídico de família, sua importância e princípios específicos, perpassando por institutos como a união estável e sua dissolução, o divórcio, alimentos, guarda dos filhos, visitas e alienação parental. Foi feita uma análise da interdisciplinaridade do Direito de Família, razão pela qual se conclui a tese propondo o uso da arbitragem como forma alternativa de solucionar conflitos nas relações de família, apresentando a jurisprudência pátria sobre arbitragem nesta matéria, bem como a experiência estrangeira no cenário mundial. Por fim, procurou a presente tese apresentar as principais questões no tocante a arbitrabilidade no direito brasileiro, apresentando uma sugestão de alteração legislativa para a Lei de Arbitragem, buscando a efetividade deste instituto no direito de família

The erotic triangle, in which two men compete for a desired woman, is a foundational archetype of Western culture. This dissertation, through its three separately-published articles, examines how this cultural archetype is manifested in law and legal structures, and the relationship between law’s erotic triangulations, gender inequality, and third-party responsibility. Each of the three articles of this dissertation focuses on a different manifestation of third-party responsibility, and each offers its own self-contained argument. At the same time, the “graphic schema” of the erotic triangle analytically enriches each of them. The erotic triangle is a “sensitive register […] for delineating relationships of power and meaning,” and using it in this context illuminates the shifting ways gender, power, and legal responsibility circulate in these male-female-male legal structures. Together, the articles suggest that law both replicates and reproduces erotic triangulations in ways that contribute to gender inequality, but also that it may be an important site for their renegotiation. The first article, A New Tortious Interference with Contractual Relations: Gender and Erotic Triangles in Lumley v. Gye, explores how the tort of interference with contractual relations was created out of a factual scenario involving an erotic triangle (two rival opera-house managers competing for the services of a renowned chanteuse). The court converted past regulations of erotic triangles (in particular, criminal conversation, which allowed a husband to bring an action against a man for sexual interference with his wife) into a new cause of action, one which removed a triangulated woman’s responsibility for breaching a contract, and instead assigned responsibility to the man who induced her to breach. While this first iteration involves the removal of responsibility from a triangulated woman, the second article, Home Rules, involves an inversion of this responsibility allocation: here responsibility is removed from a usually male wrongdoer and instead imposed upon a triangulated woman. Home Rules examines how, through a series of ordinances, local governments are imposing responsibility on female heads of household for the wrongful actions of their typically male household members. In so doing, local governments disrupt kinship structures and assert the state’s dominance over the family and intimate life. The third article, Triangulating Rape, evidences a more positive shift in responsibility. It traces the transformation of rape law as a progression from a tradition of erotic triangulation to a subversion thereof. Unlike the historical rape law triangle, in which rape is legally constructed as a wrong that one male does to another through the body of a woman; and unlike the criminal rape law triangle, in which rape is legally constructed as a wrong that one man does to the state through the body of a woman; civil actions in which women bring claims against both perpetrators of sexual assault and the third-party entities that facilitate or fail to prevent those assaults allow harmed women to assert their own subjectivity and climb out of their traditionally passive role in the erotic triangle. In so doing, this reconfigured triangulation ultimately challenges the gender status quo that produces sexual harms, and suggests that subverting the usual functioning of triangulated patterns may hold promise as a tool of social change.

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