Magister Legum - LLM / People with disabilities are a minority group who has suffered disadvantage especially in the workplace. They currently enjoy Constitutional and legislative protection in a democratic South Africa. / South Africa

<p>Russian realist writer Ivan Turgenev wrote Fathers and Sons in 1861, the middle of the politically, socially and ideologically eventful nineteenth century. While the turbulent historical moment is certainly reflected in the imagined landscape of the novel, Turgenev's text is first and foremost a literary work with implications that extend beyond the moment of its conception. Through allusions to the classical pastoral and juxtaposition of social and economic hardship, Turgenev creates a disconcerting ironic pastoral, or Russian Arcadia, that is marked by tension between a discordant ideal and reality. Resolution can be achieved in two ways that mirror nature's duality: one may become brutal, nihilistic and destructive, or one may strive for harmony and endure with the earth. By contemplation of one's own nature and the limits imposed by culture and nature itself, Turgenev demonstrates that the individual can come to this harmony, or an adaptive equilibrium that is characterized by balance, stability, and enjoyment of sensory experience. </p> <p>Turgenev's ironic pastoral, his concern with human brutality and the madness attendant upon it, the recognition of boundaries, and the sensory as an enduring mode of experience and communication are revisited and reworked by Ukrainian-Canadians in the twentieth century. The 1987 anthology, Yarmarok: Ukrainian writing in Canada since the Second World War, represents one of the most comprehensive collections of Ukrainian-Canadian writing in English and brings together both accomplished and previously unpublished writers that include: Mykola Ponedilok, Ruth Andrishak, Wasyl Sofroniw Levytsky, Stefania Hurko, Oleh Zujewskyj, Dennis Gruending, Maara Haas, and Bob Wakulich. These writers draw upon personal and family history and memory, which are haunted by the revolution Turgenev anticipated in Fathers and Sons, to relate their Arcadias, and the equilibriums they envision for individuals striving for balance within the limits imposed by the Canadianizing environment.</p> / Thesis / Master of Arts (MA)

L’imprévision est un thème à la frontière entre liberté contractuelle et justice contractuelle. Cependant, un nouveau regard peut être porté sur cette institution du droit des contrats grâce à la théorie des contrats relationnels développée par Ian R. Macneil ou encore à travers le contrat-coopération théorisé par Suzanne Lequette. Ces théories invitent à prendre en considération la valeur intrinsèque du lien contractuel et l’incomplétude du contrat. L’imprévision fait donc partie intégrante des contrats relationnels de par leur nature. La vocation première des contrats relationnels est de perdurer, obligeant les contractants à des normes de coopération et de flexibilité. Sous couvert de bonne foi, la relationnalité serait le fondement des changements de circonstances. Une étude comparative du régime des changements de circonstances apporte certaines précisions. Il semble exister deux approches des changements de circonstances, l’une restreinte aux modifications économiques et l’autre étendue, basée sur l’objectif ou le fondement contractuel. Une approche étendue de l’imprévision semble nécessaire dans les contrats relationnels. Enfin, les effets des changements de circonstances devraient donner priorité au maintien de la relation et à la norme de coopération en imposant une renégociation puis en permettant une adaptation judiciaire des termes de l’engagement. La résiliation, contraire à la nature des contrats relationnels, ne devrait intervenir qu’exceptionnellement. / Hardship is a topic at the border between contractual freedom and contractual justice. However, a new glance can be carried on this institution of contract law through the theory of relational contracts developed by Ian R. Macneil or the contrat-cooperation theorised by Suzanne Lequette. This theory invites to take into account the intrinsic value of the contractual link and the incompleteness of the contract. Imprévision thus forms integral part of the relational contracts from their nature. The primary purpose of the relational contrat is to continue, forcing the contractors to standards of cooperation and flexibility. According to good faith, the relationnality would be the foundation of changed of circumstances. A comparative study of the regime of changed of circumstances makes certain clarifications. There appear two approches of the changed of circumstances, one restricted based on economic modifications, and the second wide one, based on the purpose or foundation of the contract. Finally, the effects of the changed of circumstances should give priority to maintain the relation and the norm of cooperation by imposing renegotiation then by allowing judicial adaptation of the terms of the contract. Termination, contrary to the nature of relational contracts, should intervene only exceptionally.

民國91、92年間國內、外經濟景氣低迷，失業率不斷攀升，許多勞工面臨經濟上之窘境，故修正勞工保險條例第67條增列勞工保險基金運用於勞工貸款，使勞工保險之被保險人可以提前動支老年給付，最後再以保險給付抵銷之，以靈活調整財務狀況，照顧勞工生計，自民國92年開始增列勞工保險基金得運用於被保險人貸款，然勞工保險局紓困貸款開辦至今已12年，一項政策執行是實現政策目標和解決政策問題的實際行動，還需透過政策評估來提供政策運行的正確資訊，以檢驗政策結果作為政策調整與建議的依據。 勞工生活狀況及個人特質的不同可能會影響勞工辦理紓困貸款原因，而申辦制度及還款方式的設計亦會影響勞工還款的意願，針對目前日漸嚴重逾期償還的問題恐會影響勞工老年經濟生活，本研究旨在探討申請者對於申請勞工保險局紓困貸款的原因以及對於紓困貸款制度之滿意程度，並調查申請者對於目前實施的紓困貸款制度的看法與建議，另參考主要國家辦理勞工貸款制度以做為我國辦理紓困貸款的學習。採用便利抽樣方式，以勞工保險局之被保險人親自到臺北辦事處旁之土地銀行南門分行臨櫃辦理紓困貸款的申請者為研究對象，問卷的發放以紓困貸款開辦期間103年1月3日至1月17日止，在土地銀行南門分行的協助下，本研究回收問卷130份，剔除無效問卷(即填答一致及漏填整大題或基本資料)為14份，有效問卷係為116份，研究結果分為勞工貸款制度之比較分析及我國勞工貸款制度之實施成效，與以下研究建議： 1.變更勞工紓困貸款的名稱。 2.以個人帳戶之勞工退休金辦理貸款更為妥適。 3.貸款資格應明確規範申請用途。 4.加強政策的宣導。

This thesis is an assessment of the position of Islamic law and English law regarding the doctrine of the frustration of the contract. The thesis gave in the first general view about Islamic law and Saudi legal system, also about the contract in Islamic law in general. This study provides a detailed and critical account of the principles of frustration of contract law which operate under Islamic law and English law, where appropriate, identifies and critically evaluates the differences between the principles of frustration of contract which operate respectively under Islamic law and English law and to recognize the effect of the frustration on the performance of the contract. In the case of the absence of theory of frustration of contract in Islamic Law, an attempt will be made to create a complete doctrine of frustration of contract. Researcher discussed the frustration of contract in Islamic Law. In the case of the absence of theory of frustration of contract in Islamic Law, an attempt will be made to create a complete theory of frustration of contract in Islamic law. This is recognised owing to the fact that most cases of the application of frustration fall under the doctrine of impossibility. Impossibility can be regarded as taking place ‘when there supervening events without default of either party and for which the contract makes no sufficient provision which so significant changes the nature, if the cases where impossibility relates to the subject-matter of contracts or relates to the parties, subjective or objective impossibility. This study discusses the issue of Frustration of contract due to external factors covering cases of legal impossibility. This study examines the discharge of contract if there is circumstances do not make the performance impossibility but became difficult to perform such as impracticability and frustration of purpose. It will also look in some detail at the limitations and narrow scope of the doctrine of frustration, and also discuss contractual parties’ sometimes preferred alternatives, such as drafting force majeure clauses and hardship clauses.

Esta dissertação tem como tema a onerosidade excessiva no direito civil brasileiro. Primeiramente, fazem-se necessários uma noção inicial da figura, uma delimitação conceitual do problema e uma síntese de seu desenvolvimento histórico no direito civil brasileiro. Feito isso, são apresentadas as teorias utilizadas para sua fundamentação pela doutrina e pela jurisprudência brasileiras antes do advento de texto legal expresso sobre a matéria. Concluída essa fase preparatória, adentra-se no direito positivo vigente, precisamente no Código Civil, para explicar o conteúdo da onerosidade excessiva, de seus pressupostos e de suas conseqüências. São diretamente estudados os artigos 478, 479, 480, 317 e ainda outros específicos de alguns tipos contratuais. São abordados ainda alguns tópicos correlatos que finalizam o entendimento da matéria, como os pressupostos negativos da figura, sua incidência em contratos de sinalagma indireto e nos contratos aleatórios e as diferenças nos pressupostos para sua configuração no Código de Defesa do Consumidor. / The theme of this dissertation is known in english as hardship, which means the fundamental alteration of the equilibrium of the contract. Firstly, it is necessary to make an introductional notion of the figure, a conceptual delineation of the problem and a summary of its historical evolution in the brazilian civil law. After that, it is presented the theories used by authors and courts to reason the solution of the problem before the existence of legal text about the issue. Then, we study the related articles of the Brazilian Civil Code to explain the content of hardship, the content of its requirements, and the content of its consequences. The articles 478, 479, 480, 317 are directly studied, and also other articles from particular named contracts. Some related issues finalize the understanding of the theme, as the negative requirements of the figure, its incidence in some particular categories of contracts, and the difference of its requirements in the Consumer Defense Code.

This thesis is about the every day life of children who suffer from economic hardship. The aim is, from the children's point of view, to create an understanding of the consequences that economic hardship has on their relationships with their parents and other children. A further aim is to gain an understanding of how children act in relation to the families' economic situation and how they experience their every day life and general living conditions. Parents have also been interviewed about the families' general living conditions and the interaction between children and parents in relation to the economic situation. The empirical data has been collected over a period of fourteen months. Fourteen children aged 7-19 years and eight parents in seven families have been interviewed on five occasions. A total of 44 interviews have been conducted. The theoretical foundation of the thesis is childhood sociology, symbolic interactionism and social identity. The conclusions of this thesis can be summarized in two major results. The first is that economic hardship is of importance in the relationship with other children and in the interaction between children and their parents. The children's possibilities of participating together with peers through possessions and activities are affected to a varying extent depending on the circumstances. The relationship with their parents is also affected by children having to take economic responsibility and by children cooperating with them. Economic hardship also causes a strain on the relationship. The second major result is that children are active in forming theirs and their families' every day life in relation to the economic limits. On the basis of their understanding and their definition of the situation they choose different strategies, the aims of which are either to live within the limitations of the situation, so-called reactive strategies, or to change their own situation and sometimes also the situation of their household. These are defined as proactive strategies in the thesis.

The aim of this essay was to create an understanding of teachers strategies to respond to children in economic hardship in school and if these children can participate on equal terms in school. To examine this, we chose to do semi-structured interviews which is a qualitative method. Eight teachers were interviewed from four different elementary schools. In our interviews, we found that all the schools both had elements of inclusion and exclusion, which can result in both equal and unequal terms for participation in school. We also found that the school with the most students in economic hardship had the most inclusive strategies. Another thing we discovered was that the Swedish school law is ambiguous, because it says that school should be free of charge but at the same time accepts that the school takes out an insignificant cost from the students. Because there is no definition of the insignificant cost and the policy about school related costs are vague, it gave the teacher some discretion to define how much and at which time the insignificant cost could be relevant. The teachers’ could use their discretion to support the children who lived in economic hardship, by reducing the risk for their economic situation to be visible to others and enable them to participate on more equal terms, for example by having extra snacks or money with them during school

The negative relationship between economic hardship, child maltreatment, and child development in young children is well-documented. However, few studies have examined the mechanisms underlying the link between family economic hardship and child mental health outcomes in the context of child maltreatment. In this study, the family stress model is used to understand how family economic hardship affects child mental health. In this model, the effects of economic hardship on child mental health are indirect through their influence on family processes. Family processes are aspects of family life and are characterized by parental psychological functioning and parenting behavior. Because unhealthy family processes, which often lead to maltreatment, are associated with poor outcomes in the development of children, this framework can link developmental research and theory to an analysis of child maltreatment. The current study analyzes data from the National Survey of Child and Adolescent Well-Being-II, a survey of families in the child welfare system. The sample included children ages 18 months to 11 years and their parent (or caregivers). The results indicated that family income, a measure of economic hardship, was significantly associated with mental health problems in children involved in the child welfare system, but not in the way it was expected. Structural equation modeling analysis revealed no significant direct or indirect paths from family income to child mental health, but showed that family income affected other mechanisms contributing to poor child mental health. Lower family income was associated with greater parental depressive symptoms, alcohol use, drug use, and physical abuse. In line with the family stress model, the relationship between parental depression and child mental health was partially mediated through physical abuse. Similarly, physical abuse fully mediated the relationship between parental alcohol use and child mental health. However, neglect did not mediate the relationship between family processes and child mental health. Contrary to the study hypothesis, family processes did not mediate the relationship between family income and child mental health. Rather, family processes predicted poor child mental health. In particular, physical abuse was an important vehicle through which parental functioning translated to poor mental health outcomes in children. / text

This dissertation explores whether families of incarcerated fathers are more likely to experience food insecurity as a result of the conviction of the father. More specifically, I test whether food insecurity explains some of the devastating consequences of paternal incarceration on mothers and children. Because children of incarcerated fathers are at higher risk of following their fathers’ footsteps, this cycle of incarceration can be self-perpetuating. I try to determine how policy can be used to break this cycle. This dissertation examines the role of food insecurity in explaining the negative impact of paternal incarceration on the well-being of mothers and children. The United States has experienced a huge prison boom over the last 40 years. A growing proportion of the incarcerated population are parents. Children growing up with one or both parents missing tend to have long-lasting disadvantages. Previous studies have attempted to suggest a few mechanisms through which paternal incarceration has negative consequences for families but has not considered the role of food insecurity. I propose a theoretical framework to show that paternal incarceration negatively affects mothers and children through food insecurity. Using a longitudinal study of fragile families, I find that food insecurity explains some of the negative consequences of paternal incarceration on maternal depression. On the other hand, food insecurity plays no role in the effect of paternal incarceration on child behavior problems. The findings also cast doubt on whether paternal incarceration affects child well-being. The implications for policy are two-fold. First, reducing food insecurity would mitigate the negative effects of paternal incarceration on maternal depression. More research is needed in order to understand whether the negative effects of paternal incarceration on maternal well-being can be further mitigated. Second, prison reform would do little to reduce the behavior problems experienced by children of incarcerated fathers. Rather than incarceration, other factors contributing to social disadvantages could explain why children of incarcerated fathers have more behavior problems than other children.