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The Honour of the Crown: Making Sense of Crown Liability Doctrine in Crown/Aboriginal Law in Canada2014 January 1900 (has links)
Simply put, Crown liability doctrine in Crown/Aboriginal Law in Canada is a mess. Demonstrably, there are fiduciary-based duties, fiduciary-based principles, an over-arching honour of the Crown principle, Crown honour-based duties, and a constitutional Crown/Aboriginal “reconciliation” imperative. How the various pieces are meant to fit together is atypically unclear. In this project, Ronald Dworkin’s rights thesis is invoked as a conceptual tool in an attempt to help bring some order to the disarray.
It is argued that the Supreme Court of Canada made a fundamental (Dworkinian) mistake in the manner in which they adopted fiduciary concepts into the core of Crown/Aboriginal Law; that this mistake has led to a dysfunctional doctrine; and that the Supreme Court has implicitly acknowledged their error and are now in the process of incrementally mending their materially flawed doctrine. Crown liability doctrine in Crown/Aboriginal Law in Canada is now centrally organized around the principle that the honour of the Crown must always be upheld in applicable government dealings with Aboriginal peoples. Enforceable Crown honour-based “off-shoot” duties operate to regulate the mischief of Crown dishonour in constitutional contexts. The Supreme Court has now stated that a (non-conventional and fundamentally unresolved) Crown/Aboriginal fiduciary obligation is one such “off-shoot” duty.
This emergent “essential legal framework” is meant to protect and facilitate the over-arching project of reconciling the pre-existence of Aboriginal societies with the de facto sovereignty of the Crown, which reconciliation project, it is argued here, is to be fundamentally undertaken by the executive and legislative branches of government working collaboratively with Aboriginal peoples. The judicial branch of government is then largely limited to the more modest task of regulating the mischief of constitutional Crown dishonour.
This project ultimately purports to theorize this relatively new Crown honour-based framework, and to conceptualize what residual role there is for fiduciary accountability to play in applicable Crown/Aboriginal contexts moving forward. It is concluded there is likely only a narrow jurisdiction remaining for fiduciary accountability in Crown/Aboriginal contexts, which jurisdiction appears destined to take the form of conventional fiduciary doctrine which, as will be demonstrated, has itself been fundamentally reconfigured in recent years.
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Honour and revenge : a study of the role of honour in Euripides' Medea and Hippolytus with reference to a selection of contemporary societies.Barrett, Deborah. January 1998 (has links)
My purpose in this study is twofold. Firstly, I intend to examine the existence of honour in Greek society by an analysis of its presentation in works of Greek literature. In order to achieve this, I shall first examine the values of the Homeric, heroic society so that a picture of the code of honour that was used in those times, might be established. This code of honour provided the foundation upon which later honourable behaviour was based and from which it grew; it is, therefore, a necessary addition in a study such as this. Then, I shall proceed to a study of Euripides' Medea
and Hippolytus, two plays that firmly incorporate the motif of honour and revenge. Secondly, I intend to examine a few examples of modern societies. The purpose of this is to ascertain whether any relationship between archaic, classical and contemporary cultures can be established. Shared values and beliefs will be examined in order to determine any possible similarities between cultures and societies that are chronologically separated by hundreds of years. / Thesis (M.A.)-University of Natal, Pietermaritzburg, 1998.
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A Multiple Case Study Exploration of Undergraduate Subject SearchingGraham, Rumi Y. 30 August 2011 (has links)
Subject searching—seeking information with a subject or topic in mind—is often involved in carrying out undergraduate assignments such as term papers and research reports. It is also an important component of information literacy—the abilities and experiences of effectively finding and evaluating, and appropriately using, needed information—which universities hope to cultivate in undergraduates by the time they complete their degree programs. By exploring the subject searching of a small group of upper-level, academically successful undergraduates over a school year I sought to acquire a deeper understanding of the contexts and characteristics of their subject searching, and of the extent to which it was similar in quality to that of search and domain experts.
Primary data sources for this study comprised subject searching diaries maintained by participants, and three online subject searches they demonstrated at the beginning, middle, and end of the study during which they talked aloud while I observed, followed by focused interviews. To explore the quality of study participants’ subject searching I looked for indications of advanced thinking in thoughts they spoke aloud during demonstration sessions relating to using strategy, evaluating, and creating personal understanding, which represent three of the most challenging and complex aspects of information literacy.
Applying a layered interpretive process, I identified themes within several hundred instances of participants’ advanced thinking relating to these three information literacy elements, with evaluative themes occurring most often. I also noted three factors influencing the extent of similarity
between the quality of participants’ advanced thinking and that of search and domain experts which reflected matters that tended to be i) pragmatic or principled, , ii) technical or conceptual, and iii) externally or internally focused. Filtered through these factors, participants’ instances of advanced thinking brought to mind three levels of subject searching abilities: the competent student, the search expert, and the domain expert. Although relatively few in number, I identified at least some advanced thinking evincing domain expert qualities in voiced thoughts of all but one participant, suggesting the gap between higher order thinking abilities of upper-level undergraduates and information literate individuals is not always dauntingly large.
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Honour Culture : The thoughts and experiences of four young men, who have lived in a residential care home for unaccompanied childrenHammarquist, Johanna, Hajo Batti, Viyan January 2017 (has links)
This is a qualitative study that explores the thoughts and experiences of honour culture of young men who have previously been living in a residential care home for unaccompanied children. The data was collected through four semi-structured face-to-face interviews. The social constructionist theory was used together with previous research in order to analyse the results. The results of this study show that the informants highly associate honour culture with women, and therefore feel burdened with the fact that they are expected to guard females both in and outside their own families. Results also show that males are subjected to honour based oppression in different forms. Furthermore, it was found that honour culture is connected to shame and a fear of being ostracized from the family or the community.
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Čest a počestnost in signo temporis. Na příkladu ženských protagonistek textů G. E. Lessinga, F. Hebbela a A. Schnitzlera. / Honour and virtue in signo temporis. On examples of female figures in G. E. Lessings's, F. Hebbel's and A. Schnitzler's works.Poláčková, Zuzana January 2011 (has links)
The subject of this thesis was virtue and honour in signo temporis. It means that I've tried to focus on the concept of virtue and honour in a certain time period. I have chosen three different literary periods and three works as their representatives. It was the bourgeois tragedy "Emilia Galotti" by Gotthold Ephraim Lessing, as the representative of the Enlightenment. For the first half of the 19th century I've chosen also a bourgeois tragedy "Maria Magdalena" by Friedrich Hebbel. And as the third example I analysed the novella "Fräulein Else" by Arthur Schnitzler. All of the three heroines are daugthers, who are strongly influenced by this fact. All of them find a tragic end. Two of them commit suicide and one persuades her own father to kill her. The fathers are also an important part of the plot, because their largely contribute to death of their daughters. Emilia in "Emilia Galotti" is stabbed by her own father, after she persuades him to kill her, because she is afraid of losing her virtue, which is at that times related with religion and identified with chastity. In the first half of the 19th century the religious aspect was still a part of the concept of virtue and honour. But the honour was now perceived more in the way of reputation. Klara in "Maria Magdalena", who lost her virtue by...
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Hedersbrottslighetens ideala offer : En kvantitativ genomgång av polisens utredningar av brott med hederskaraktärAndersas, Lisa, Engholm, Malin January 2016 (has links)
Studiens syfte har varit att undersöka om egenskaper och omständigheter kring brottet, som kan kopplas till uppfattningen om det ideala offret, påverkar utfallet av polisers självständiga bedömningar av brott av hederskaraktär. För att studera detta har en kvantitativ metod tillämpas samt en logistisk regression av data baserad på identifierade brott av hederskaraktär i Dalarna genomförts. Studiens resultat visade att 11 variabler som har anknytning till egenskaper hos målsägare och gärningsperson samt omständigheter inom brottet och utredningen, såsom kön, ålder och anmälningstillfälle, har en signifikant betydelse för utfallet av bedömningarna. Studiens viktigaste slutsats är att det inte går att urskilja något tydligt samband mellan utfallet av uppmärksammade brott med hederskaraktär och uppfattningar som beskrivs i teorin om det idealiska offret. / "The ideal victims of honour-related crime" The purpose of this study is to examine if characteristics of victim and perpetrator and circumstances involving the crime, which are described in the theory of "the ideal victim", have an influence on the outcome of police employee’s independent assessment on crimes of honour character. In order to examine this a quantitative method has been applied and a logistic regression has been made of data based on identified crimes whit honour as a motive. The results of the study have shown that eleven variables which has a connection to characteristics and circumstances involving the crime and the investigation, as gender, age and circumstances surrounding reporting the crime, have a significant influence on the outcome. The study’s main conclusion is that no clear connection can be drawn between the outcome of assessments on crimes with an honour motive and the perception of the ideal victim.
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Fictive responsibility : why all novelists are political writers (whether they like it or not)Hayhurst, Lauren Amy January 2017 (has links)
This PhD is part novel and part thesis. The novel, The Girl Upstairs (TGU), is in three parts. Parts one and two are included here in full. A synopsis of part three is included in the appendices. The thesis presents an original “action model” for Creative Writing (CW) called “fictive responsibility”. TGU can be treated as a case study, demonstrating the practical application of this new model. TGU follows a Bengali-Muslim family as they confront the wayward behaviour of Kifah Rahman, a feisty sixteen-year-old. Set somewhere in south-west England, Kifah’s misadventures start when she discovers an envelope discarded in a drawer. The address is her mother’s childhood home across the city, but she’s never heard of the addressee, Zubi Rahman. Kifah sneaks off school to investigate. Kifah’s clandestine visits incite rumours and soon Kifah is accused of tarnishing the family’s reputation. TGU confronts the difficult subjects of “honour”-based-violence (HBV), domestic violence and “crimes-of-passion”. By exploring different types of violence-against-women (VAW), TGU shows how perceived differences in, for example, “culture”, religion, or heritage, rather than dividing us, can present new ways to connect across moral values or lifestyles, ultimately promoting togetherness and empathy between different cultures. The thesis explores how the “political” relates to “literature” through the writer’s creative process, suggesting that all novelists are inherently politicised individuals and fictions are produced through an inherently politicised process. The significance of this is undermined by those who claim fiction writers just “make it up”. Failing to recognise the “politics of representation” that operates alongside invention in CW has contributed to the recent exacerbation around “cultural appropriation”. For some writers this presents a threat to “free” expression. For others, “free” expression must be treated with respect, especially when fictionalising characters that appear external to the writer’s own experience. Theoretical and conceptual analysis is drawn from cultural studies, ethnography, literary criticism and philosophy. Case studies include fictions with Muslim female characters in a post-9/11 setting. In addition to literary analysis, the thesis explores how “authenticity” interacts with an author’s perceived affiliation with characters or themes within the fiction.
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Face in Galatians : 'boasting in the Cross' as reconfigured honour in Paul's LetterHarvey, David January 2017 (has links)
This thesis uses a model of honour to make sense of Paul's response to the situation in Galatians as he describes it in Galatians 6.12-15. We argue that the use of εὐpieροsigmaωpieέω at 6.12, and its close proximity to kappaalphaυχάομalphaι in the following verses, highlights that honour concern is present in this situation. We assess this by considering face, a term used by social theorists to describe the 'self as it appears to others', and facework, the strategies for maintaining and managing such - this is considered both as a social-scientific model and as a concept within ancient Mediterranean culture. This argument holds that Paul contradicts the opponents' seeking of 'good face' (εὐpieροsigmaωpieέω) as it is in direct contrast to what we term God's 'prosopagnosia' - pieρόsigmaωpieον [ὁ] θεὸς ἀνθρώpieου οὐ Gammaalphaμβάνει (2.6), and to his own position, which is to 'boast in the cross' (6.14). We read the idea of the boast in the cross as Paul's attempt to reconfigure honour within the Christian assemblies of Galatia, a reconfiguring that centralises Christ's disregard for common perceptions of honour, exemplified in his crucifixion. This approach then makes sense of Paul's autobiographical data as his own attempt to model Christ's 'prosopagnosia' and similarly reads the data in 5.13-6.10 as Paul's exhortation that the community live in this manner.
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Länsrättens bevishantering i LVU-mål med hedersrelaterad problematikGavlevik, Lena, Jelic, Lena January 2006 (has links)
<p>The purpose of this study was to look into how evidence evaluation in verdicts considering 2 § LVU (Care of Young Persons Act) linked to honor related problems are handled by the County Administrative Court of Stockholm. The questions at issue were how the County Administrative Court handles the prerequisites regarding 2 § LVU verdicts, how the County Administrative Court proceeds when evaluating evidence in 2 § LVU verdicts, and how the County Administrative Court handles indications of that a child is living in an honor-related context. To answer this, five verdicts have been analyzed. In addition to this, two interviews were made as a complement. In the analysis of the collected material, the authors proceeded from a theory of evidence and used a hermeneutic method for the analysis. Through the study, it has been observed that the court doesn’t seem to use any verified method to evaluate evidence. Further on, the results show that the court, in their verdicts, seems to prefer to assign to the most general prerequisite in the actual paragraph and doesn’t refer or even mention honor in the verdicts. The authors believe these circumstances make it difficult for the parties in the lawsuit to understand how the court has reached its judgement.</p>
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Om att våga lyfta frågan : en kvalitativ studie om orsaker till hedersrelaterat förtryck och frivilligorganisationers attitydförändringsarbeteBergfeldt, Marie, Bergman, Pia January 2007 (has links)
<p>The purpose of this research has been to investigate possible reasons for why honour related oppression exist in Sweden as well as to find out how some voluntary organisations work to change honour oppression related attitudes. The questions that the reserachers were trying to answer were (1) What are the possible causes for honour related oppression in Sweden? (2) How can honour related oppression be identified? (3) What are the voluntary organisations doing to change these attitudes? To answer these questions a qualitative method was used. The reserachers examined what leading researchers in this area thought were the reasons to why honour related oppression exist and then carried out interviews with participants from four voluntary organisations. A social constructional approached were chosen as the theoretical framework for this research and the results were also analysed from several perspectives. The reserachers found that the reasons for the honour related oppression links to the upkeep of old traditions and customs as well as gaps in the Swedish integration of immigrants. The researchers concluded that the honour related oppression exist due to old habits that can change over time.</p>
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