Na Teoria dos Sentimentos Morais, Adam Smith estabelece um esquema pluralista para explicar a aprovação moral, com quatro tipos de juízos morais: 1) em relação ao motivo da ação, o juízo que determina a conveniência ou inconveniência (propriety ou impropriety); 2) em relação aos efeitos imediatos da ação, o juízo determina seu mérito ou demérito; 3) ao analisar o acordo entre o ato e determinada regra geral de conduta, o juízo determina se o indivíduo agiu de acordo com seu dever; e 4) em relação aos efeitos não imediatos do ato, isto é, à maneira como esse ato se insere no funcionamento global da sociedade (juízo que Smith analisa sob o nome de aparência de utilidade). Esses quatro tipos de juízos se fundam na imaginação e formam a totalidade do princípio de aprovação que estrutura a parte especulativa de sua teoria moral. / In The Theory of Moral Sentiments, Adam Smith establishes a pluralist scheme to explain moral approbation, with four kinds of moral judgments: 1) regarding the motives of the agent, the judgment determines its propriety or impropriety; 2) regarding the immediate effects of the action, the judgement determines its merit or demerit; 3) analyzing if this act is a particular case of a general rule, the judgement determines if the agent has acted according to his duty; and 4) regarding the remote effects of the action, that is, the way this action is a part of the global operations of society (a judgement that Smith calls the appearance of utility). These four kinds of moral judgments are grounded in imagination and form the totality of the principle of approbation that structure the speculative part of his moral philosophy.

Este trabalho visa a realizar uma análise sistemática das diversas normas do Código de Processo Civil que tratam do abuso de situações jurídicas processuais. O tratamento desse tema é dividido em quatro partes. Em primeiro lugar, analisa-se a teoria geral do abuso do processo, que abrange a evolução histórica do abuso processual, a adoção da teoria do abuso do direito oriunda do Direito privado, os fundamentos da prevenção e da repressão dos comportamentos abusivos, os elementos essenciais que caracterizam o abuso do processo (objeto, sujeitos e requisitos do ato processual abusivo) e a discussão acerca da ilicitude do ato processual abusivo. Em seguida, considerando os elementos caracterizadores do abuso do processo, são identificadas e estudadas as hipóteses de abuso de situações jurídicas processuais previstas no Código de Processo Civil brasileiro. A terceira seção deste trabalho é dedicada às consequências jurídicas do abuso do processo e a algumas questões referentes à aplicação de sanções. Finalmente, na quarta parte, procede-se ao exame dos mecanismos destinados a prevenir o abuso de situações jurídicas processuais. / This work aims to do a systematic analysis of the different norms of the Brazilian Civil Procedure Code that deals with the abuse of procedural rights. The treatment of this subject is divided into four sections. In the first place, it analyses the general theory of abuse of process, which includes the historical evolution of abuse of process, the adoption of the theory of abuse of rights from civil law, the foundations of prevention and repression of abusive behaviors, the essential elements that characterize the abuse of process (its object, its subjects and the requisites of the abusive procedural act) and the discussion about the unlawfulness of the abusive procedural act. Subsequently, considering the distinguishing elements of abuse of process, it identifies and studies the fattispecies of abuse of procedural rights contained in the Brazilian Civil Procedure Code. The third section of this work is dedicated to the legal consequences of abuse of process and to some questions related to the application of sanctions. Finally, in the fourth section, it examines the legal devices aimed at preventing abuse of procedural rights.

M.Cur. / There is a tendency that the registered nurse migrate from the public health sector to the private hospital. In the private hospital the registered nurse is faced with demands to render a consumer orientated service. The greater demands on the registered nurse within the independent nursing practice has the result that her striving for professional and personal wholeness is impaired, leading to ineffective functioning as an independent nursing practitioner. The purpose of this study is to develop an orientation programme for registered nurses. This will facilitate professional and personal wholeness. The purpose is operationalized by means of a qualitative descriptive study, that explore and describe the experience of the registered nurse in the private hospital, as well as the expectations of the doctor (as consumer)). From these two aspects the obstacle were identified that can encumber the registered nurse to function as independent nursing practitioner. Three sets of premises were drawn up out of which the contents of the programme were differentiated by means of inductive logic. The subjacent philosophical elements of the. orientation programme are the Nursing Theory for the Whole Person (whole person), the adult as learner and accompanied self study.

近年來，國際經濟危機層出不窮，產生各式各樣之公司治理問題；全球化之企業經營模式的崛起與迅速發展，企業之經營從國內走向國際，使得公司治理成為國際性之重要議題，美國之公司治理模式的移植亦於世界各國蔚為風潮。 公司治理之架構下，鑑於所有權與經營權分離原則，掌握公司經營權限之董事係公司核心，為避免擴大董事之經營權限的同時，會損及公司與股東之利益，美國法對於董事乃課以受託義務，其內涵包含忠實義務、注意義務與善意義務。然基於商業環境詭譎多變且有限司法審查能力，如董事必須為做出失誤經營決策負擔法律責任，將造成具有能力之人不願意擔任董事而不利於經濟社會之發展，故美國法院判決乃發展出經營判斷法則。經營判斷法則係推定董事係立於充分資訊、出於善意且誠實確信其係為公司之最佳利益，當原告主張董事違反受託義務時，應負有先行舉證證明董事行為不符合經營判斷法則之構成要件。 我國公司法第23條係忠實義務與注意義務之規定，惟對於經營判斷法則尚無明文規範，學說見解對於我國是否應引進經營判斷法則仍有爭議，法院實務雖早已援用經營判斷法則作為公司經營者之責任標準，卻存在諸多誤解導致誤將該法則視為行為標準。因此，似有必要重新審視經營判斷法則之定位，故本文嘗試提出對於經營判斷法則於我國之應用的見解與省思。然經營判斷法則與我國現有法制應如何相互融合仍有待立法配合與後續觀察。 / In recent years, the world has been engulfed by international economic crises, resulting in a wide range of corporate governance matters. The rise and rapid development of the global business model has made the management of enterprises go from a single country toward the whole world, making corporate governance an important international issue. The transplantation of corporate governance of America legal model has emerged as a global trend. Under the framework of corporate governance and in view of the principle of separation of ownership and control, the directors empowered decision-making authority are the core of the company. To avoid the expanding of directors’ decision-making authority and protect the interests of both the corporation and its shareholders, the directors has fiduciary duty which includes duty of loyalty, duty of care and duty of good faith. However, based on the complexity of the business environment and the limit of the capability of the judicial review, if the directors burden the responsibility for making wrong decisions will make capable people unwell to be directors and affect the development of the economy. The business judgment rule is the presumption that in making decisions not involving self-interest and self-dealing, corporate directors act on an informed basis, in good faith, and in the honest belief that their actions are in the corporation’s best interest. Article 23 of Taiwan Company Act is the regulation of duty of loyalty and duty of care. However, the business judgment rule is not regulated in Taiwan Company Act. The opinion of whether the business judgment rule should be introduced to Taiwan is still controversial. Therefore, it is necessary to reexamine the position of the business judgment rule in Taiwan legal structure and this article attempts to provide points of view in the issue. Last but not least, the interaction of business judgment rule and Taiwan legal structure still needs the cooperation of the legislation and following observation.

The diploma thesis, Selected Problems of Maintenance with Particular Focus on Good Morals, deals with legal matters of maintenance mainly in connection to the aspect of good morals (boni mores) which represents the principal of equity and is the moral extension of legal provisions under the law of the Czech Republic. The purpose of the thesis is to identify the most frequent issues that are being dealt with and describe their legal solution in accordance with the legislation valid and effective till the end of 2013 and under the new legislation after the recodification of the Czech civil law, effective from the 1st of January 2014. The doctrine of boni mores and legal provisions regarding maintenance have both met some changes in terms of interpretation and application since the recodification. Maintenance and good morals are researched together, they are researched one in connection to the other one, in this diploma thesis because the previous legislation established a special linkage between them which resulted in a considerable amount of case law that needs to be revisited. The thesis is divided into 5 chapters which are further divided into subchapters. The first chapter is focused on the theoretical basis of the doctrine of boni mores, the role it plays in the Czech legal system, the meaning...

The topic of my diploma thesis is "Prevention of damage". The introduction of the thesis examines prevention of damage in general, main principles and history of prevention in civil law. It is followed by a comparison between the ways this issue is treated in the previous Act No. 40/1964 Sb., the Civil Code, and the current Act No. 89/2012 Sb., the Civil Code. The main part of my thesis is subsequently focused on the ways prevention of damage is treated in Act No. 89/2012 Sb., the Civil Code. The thesis is divided into two parts. The first part contains an introduction to the prevention of damage, it looks into the theoretical definition of terms, selected principles of prevention of damage (which originate from Roman law) and then an outline of historical development of the prevention of damage in the civil codes in the territory of the Czech and Czechoslovak Republic. The second part analyses prevention of damage in Act No. 89/2012 Sb., the Civil Code. This part contains six chapters, which follow the structure set out in Act No. 89/2012 Sb., the Civil Code. The first chapter summarises the theoretical view on prevention, the second chapter describes historical development of the prevention of damage. The second part of the thesis is mainly focused on section about General prevention duty, firstly...

The recognition of the negative impact of NOx resulted in increasingly tighter automotive emission regulations. Companies are under pressure to develop methods, which can meet the legislative demands. After treatment solutions, and especially Selective Catalytic Reduction, became the focus of research and have shown so far promising results. However, more in depth understanding of the SCR process under different conditions is needed. This thesis describes an investigation of the SCR performance using gas and urea injections under steady state and transient conditions undertaken on a light duty diesel engine using a 1D exhaust system designed for uniform flow across the catalyst. Under steady state conditions, the SCR performance was examined for low and high temperature conditions. Ammonia was supplied either as 5% ammonia gas or in form of urea injection. The engine was operating at 1500 rpm and 6 and 8 bar BMEP to provide an exhaust gas temperature of 210 °C and 265 °C respectively. Also, the effect of SCR brick length on the NOx conversion was investigated using SCR catalysts of length 30, 45 and 75 mm. To measure the influence of NO2:NOx ratio on the SCR performance, different sizes of standard DOC were used. NH3:NOx dosage levels included; α~0.5 - deficient ammonia, α~1.0 - stoichiometric ammonia, α~1.25 - excess ammonia. Gas emissions were measured before and after the SCR catalysts with a Horiba FTIR analyser during steady state and long transient tests. It was found that conditions such as temperature and NO2:NOx had the biggest impact on the SCR performance. During the steady state engine conditions, at α~1.0 ammonia dosing and NO2:NOx ratio of 0, only 17% of NO was converted in the first 30 mm of the SCR brick length. The conversion was improved at high temperature (263 °C) to 31%. A fast response CLD analyser was used during short transient testing to sample emissions with a high resolution. The short transient test with standard 0.5 and 1 DOC, and fixed ammonia dosing, showed that NOx conversion was reduced during the ramp event due to deficient ammonia and a drop in the supplied NO2:NOx ratio. During urea injection experiments, urea was injected either through an oblique pipe arrangement with a mixer device placed downstream or directly into a mixing can. In this case the mixer device was replaced with a straight pipe. A 75mm SCR was fitted and to ensure that supplied NO2:NOx ratio was zero, a palladium only DOC was used post a DPF. It was found that a large proportion of urea decomposition and hydrolysis was occurring on the surface of the SCR catalyst. Comparing NOx performance between urea injection and ammonia gas dosing experiment, more NO was converted for a given NH3:NOx ratio when ammonia was supplied in the form of gas. That was true for low and high temperature tests. For most studies, a long 10 degree diffuser was used in front of the SCR to provide uniform gas distribution across the catalyst. In addition SCR performance was investigated with a 180 degree sudden expansion diffuser in order to measure the influence of temperature and velocity profiles. During this study, a 45 mm SCR catalyst was used to provide a moderate amount of NO conversion and ammonia slip. The results showed that the flow and temperature distribution upstream of the SCR catalyst will have an effect on the NOx conversion, and that gas velocity has bigger impact on NOx conversion than gas temperature.

Magister Legum - LLM / South Africa has come a long way from the rigid family structures which existed in the past. This is demonstrated by the recognition afforded to couples in same-sex relationships as well as those in customary marriages. Proposals have also been set forth regarding law reform to protect the rights and interests of those involved in domestic partnerships. The Domestic Partnership Bill was promulgated in 2008 but to date has not been passed into law. The ensuing consequence is that cohabitation relationships are therefore self-regulated. This relationship has no legal status as a union in South Africa. The court have, however, recognised that a universal partnership could be established if certain criteria are met. Furthermore, heterosexual couples are now also recognised as a "dependant" in actions against the Road Accident Fund for loss of support as a result of death of the breadwinner. Unlike South Africa, cohabitation in Sweden is regulated by a dedicated law called the Cohabitees Act 2003. The Act provides comprehensive protection than that afforded to cohabitants in South Africa. It offers a clear definition of cohabitation and criteria in order to qualify as a cohabitee. The Act, further, regulates the proprietary consequences of entering into such a relationship and the effects of termination. Cohabitation has status as a legal union in Sweden. My research will deal with non-formalised cohabitation and a comparison shall be made between the current systems in South Africa and Sweden. My work will suggest that the statutory model of regulation in Sweden may provide a solution for South Africa. In South Africa, cohabiting couples are not afforded the same rights as married couples. In contrast, married couples are afforded rights automatically as a result of the institution. Unmarried partners have no automatic duty of support, to acquire an interest each other's separate property and a cohabitee may not inherit intestate from the estate in the event of death of one of the partners. In Sweden, intimate relationships are treated similarly to married relationships, with the law applying the principle of "neutrality" with regard to its family laws. Several cases have emerged recently in South Africa which will provide a clearer understanding of the current state of the law. The reason for undertaking this study is to illustrate the changing mores of society and the necessity of the law to keep up with these values. As South Africa has not yet passed its domestic partnership law it may be useful to compare it to Sweden in order provide South Africa with a possibly better approach. Sweden has passed laws on cohabitation and these have been in place for years. Thus we might still learn from them prior to our law being passed. Legislative and judicial activity have soared recently and it may be beneficial to look at another jurisdiction more carefully. These observations will be undertaken more comprehensively in the body of the thesis.

Dans La théorie des sentiments moraux, Adam Smith établit un schéma pluraliste, avec quatre types de jugements moraux, pour expliquer l'approbation morale : 1) par rapport au motif de l'action, le jugement en détermine la convenance ou l'inconvenance (propriety ou impropriety) ; 2) par rapport aux effets immédiats de l'action, le jugement détermine le mérite ou le démérite ; 3) analysant l'accord entre l'acte et ses règles générales de conduite, le jugement détermine si l'agent a agi conformément à son devoir ; et 4) par rapport aux effets révolus de l'acte, c'est-à-dire, à la manière selon laquelle cet acte s'insère dans le fonctionnement global de la société (ce dernier type de jugement moral est analysé sous le nom d'apparence d'utilité). Ces quatre types de jugements moraux se fondent dans l'imagination et forment la totalité du principe de l'approbation qui structure la partie spéculative de sa théorie morale. / In The Theory of Moral Sentiments, Adam Smith establishes a pluralist scheme to explain moral approbation, with four kinds of moral judgments: 1) regarding the motives of the agent, the judgment determines its propriety or impropriety; 2) regarding the immediate effects of the action, the judgement determines its merit or demerit; 3) analyzing if this act is a particular case of a general rule, the judgement determines if the agent has acted according to his duty; and 4) regarding the remote effects of the action, that is, the way this action is a part of the global operations of society (a judgement that Smith calls the appearance of utility). These four kinds of moral judgments are grounded in imagination and form the totality of the principle of approbation that structure the speculative part of his moral philosophy.

This research builds on and contributes to work in the field of educators' professional discretion and the prevention of negligence. Existing literature suggests that many educators are still unaware of how the law operates regarding policy requirements and their in loco parentis obligations. This is demonstrated by the number of litigations and how an educator's liability regarding negligence has grown. In South Africa, numerous authors have made contributions in relation to learner safety and educators' duty of care. An educator is tasked with duty of care and to use professional discretion appropriately. At the same time, educators should be mindful to minimise their exposure to lawsuits. However, not much appears to have been done in this country to establish how educators can maintain a respectable balance between professional discretion and policy requirements without being negligent. The purpose of this study was, thus primarily to explore ways in which educators can reconcile professional discretion and legal and policy requirements to prevent negligence. The study utilised a qualitative research approach underpinned by an interpretive paradigm. Data collection was done by the means of qualitative collection techniques, namely semi-structured interviews supported by an analysis of relevant court cases. Twenty participants from two primary and two secondary public schools in the Tshwane South school district in Gauteng participated in the study. Two of these schools were fee-paying schools and two non-fee-paying schools. Five participants from each school were identified and invited to participate in this study and consisted of the principal, a member of the school management team (deputy-principal or head of department) and three educators. Each of the participants had different legal obligations, discretions, responsibilities and accountabilities as far as negligence is concerned. The conceptual framework for this study, was based on Dworkin’s (1978:31) ‘doughnut’ metaphor for the concept of professional discretion. Based on an adapted version of Dworkin’s ‘doughnut’ metaphor, findings confirm that some educators feel restricted in their decision-making and limited in their professional discretion due to the legal and inflexible policy framework regulating their work. It came to the fore that the understanding and interpretation of certain school policies were dealt with differently by the participants due to their varied levels of experience, knowledge and training. The findings illuminated the fact that the participants did not fully grasp the vii concept of professional discretion. In making decisions and exercising judgement, these participants may not be comfortable in their knowledge experience or personal intuition. Educators’ capacity and ability to apply discretion is influenced by a number of external and internal factors. These factors restrict an educators’ autonomy space, which could ultimately lead to the inability to apply appropriate discretion. This could lead to a form of paralysis to uphold a high standard of care in dire situations and could lead to negligence. Therefore, in order to achieve a high standard of care and not be negligent, educators should not only have the ability to apply appropriate discretion, but also have the freedom to do so. Key terms: professional discretion; duty of care; in loco parentis; negligence; law of delict; standard of care; school safety policies. / Dissertation (MEd)--University of Pretoria, 2020. / DST-NRF Innovation Master’s Scholarship. UNIQUE GRANT NO: 117504 / Education Management and Policy Studies / MEd / Unrestricted