Trust enlarges the scope of action on any playing field (O’ Brien, 2001:1). The trusted leader is a great asset in forging and maintaining relationships, and lending support to other team players, which can be on-going with little effort. According to Covey (1989: 188), an emotional bank account is the amount of trust that has been built up in a relationship. It’s the feeling of safety you have with other human beings. If one makes deposits into an emotional bank account through courtesy, kindness honestly and keeping commitments, the trust increases. The researcher conducted a research project on the influence that relationships among, and skill levels of, school governors on the performance of school governing bodies; the rationale being as a result of various problems she encountered and experienced as an SGB and SMT member. The literature review indicates that ignorance and inability to perform functions turn SGBs into crisis committees, and that most of the SGBs are not fulfilling their role but relying on the principal who plays the dominant role. Four SGBs were identified, two with good performance and positive relationships, and two with poor performance and negative relationships. In both categories a primary and a secondary school were selected. A qualitative research design was used for the study. Data collection strategies used were semi-structured, open-ended interviews and structured observations. The analysis of the data showed the differences in the feelings about the relationships. Non-functioning SGBs with poor relationships experience anger, fear, anxiety, disrespect, and mistrust. The respondents indicated coldness, neglect, isolation and disjointedness, in contrast to functioning SGBs who demonstrated mutual trust, respect love, happiness, cooperation, collaboration, shared decision-making and inclusion. These attributes are confirmed by the literature review on the link between trust relationships and performance. The research study indicated that productive workers are happy. The model of school effectiveness confirmed that functional SGBs are effective, and non-functional ones are ineffective. Happiness is derived from being productive, thus yielding positive contributions and the realisation of aims and objectives. Where there is no productivity, there is a negative influence on the relationships. Members concentrate on their fights and forget about their functions as SGB members. It has emerged that the poor performance and poor relationships are probably the results of attitude and behaviour, and not illiteracy as indicated in the literature review. The data collected indicated that all the SGB members are literate, and can read, write and interpret policies; except one non-teaching staff member who contributes positively by creating a clean environment conducive for teaching and learning. / Dissertation (Magister Educationis (Educational Leadership))--University of Pretoria, 2006. / Education Management and Policy Studies / unrestricted

This research examines the gap between the socio-political and economic reality of Palestine, under Israeli Occupation, and the perceptions, assumptions and limitations of small aid donors like Switzerland in a colonial context. It looks at how global and Swiss aid is formulated and dispensed to fragile ‘non-states’ like Palestine. My thesis found that aid in general is ineffective, with Swiss aid in particular being modest, lacking robustness and failing to respond to the colonial context that prevents Palestine from profiting the most from international aid. In addition, Swiss aid is afflicted by many shortcomings that have been identified by contemporary research: a large part of aid is tied; consultations with local partners are limited, excluding, by and large, civil society; and time constraints are such that current programs are generally designed on a relatively short-term basis.

Invalidity and Ineffectiveness of Legal Action in Insolvency Proceedings Abstract The subject of this thesis is a comprehensive analysis of the institute of invalidity of legal actions and ineffectiveness of legal actions and the incorporation of these concepts in contemporary legal theory and practice. The legislation protects the rights of recipients of the law and the public interest by identifying the legal actions which contradict the principles of morality or (and?) the law, as absolutely or relatively invalid, if the meaning and the purpose of the Act so require. Legal actions are also considered invalid if those actions undertake to the fulfilment of something impossible and in certain cases also if those actions are not made in the required form or if they are an error. The current legislation also protects creditors from the behaviour of debtors, if they intentionally shorten their creditors, through an institution called the relative ineffectiveness of legal action. The purpose is to protect creditors, guarantors and other persons against this shortening legal actions made by debtors. Such conduct of the debtor is formally not problematic, but it damages creditors, who therefore have the right to demand that the court determines such action is ineffective (only) against them. The author's...

1 The consequences of breaching the rules on evidence for the effectiveness of the evidence Abstract This diploma thesis deals with the issue of ineffectiveness of evidence in connection with the violation of rules on evidence. One of the two main goals of this work was to acquaint the reader with the issue, especially with the help of analysis of current legislation, the views of leading experts in criminal science and also a rich case law of the courts. The second main goal was to propose a de lege ferenda solution that could contribute to solving the most pressing problems of the current legislation. The diploma thesis is divided into six parts, including the introduction and conclusion. The first chapter provides the reader with a theoretical basis for easier understanding of this issue. It explains the basic terminology occurring in the field of evidence and the basic sources of law that will accompany the reader throughout the thesis are introduced. There is also a detailed explanation of the basic principles of criminal proceedings concerning the evidence as whole. In addition, at the end of this chapter, the stages of criminal proceedings are mentioned with a brief description of their specifics with a regard to the evidence in these specific sections. The second chapter is devoted to the concepts...

1 The Consequences of Breaching the Rules of Evidence for the Effectiveness of the Evidence Abstract This diploma thesis deals with the phenomenon of ineffective evidence in criminal procedures as a result of a breach the rules of evidence. The aim of the thesis is to submit current regulations about evidence in the Czech legal system, evaluate it and shine a light on certain problems. Can a criminal procedure be just if the essential principles are trampled on and the government breaks the law? Are there any barriers preventing geovernment arbitrariness? This thesis tries to answer these questions by introducing legal institutes based on area of evidence in criminal procedure. Thesis consists of six parts - four chapters, introduction and conclusion. The first chapter deals generally with evidence and its specifics in criminal law. It defines crucial terminology to understand this topic thoroughly and shines a light on principles of evidence. The second chapter revolves around admissibility and especially efficiency of evidence as a result of a breach in the rules of evidence by law enforcement. That breach of evidence has to fulfill a certain level of severity which has an important part in evidence ineffectivity. In the very last part of this chapter the author suggests legislative changes according to a...

and keywords Urgent and unrepeatable acts Urgent and unrepeatable acts are procedural acts of criminal proceedings in which there is a conflict between the rights of the defense with the purpose of criminal proceedings consisting in the lawful determination of the circumstances of the commission of a crime and in the fair punishment of its perpetrator. This conflict is tolerated because urgent and unrepeatable acts are used to secure and take evidence that risks being thwarted, destroyed or lost, or evidence that cannot be taken in court proceedings. The aim of this work is to describe and analyze the conditions under which these, by their nature exceptional, acts of criminal proceedings can be performed and to analyze the consequences of non-compliance with these conditions. To this end, the first chapter described the structure of criminal proceedings with a focus on the structure of preparatory proceedings and analyzed the definition of urgent and unrepeatable acts, provided some typical examples and an analysis of the problematic definition of urgency. In the second chapter, in addition to the general conditions of evidence, the formal and material conditions for performing urgent and unrepeatable acts were analyzed, including the question of whether some additional conditions imposed on...

La forte prévalence des troubles des conduites alimentaires (TCA) chez les jeunes femmes et les faibles taux de rémission suite à un traitement ont encouragé les chercheurs à mieux comprendre les facteurs impliqués dans ce trouble mental. L’un des premiers modèles à mettre l’emphase sur des traits de personnalité associés au développement d’un TCA a été proposé par Hilde Bruch (1962, 1973, 1978) et a toujours une grande influence dans la recherche actuelle. Le modèle de Bruch inclue trois facteurs, soit l’insatisfaction corporelle, l’inefficacité et la conscience intéroceptive. Le but de cette thèse est d’apporter un support empirique au modèle de Bruch. En se basant sur une revue extensive des écrits scientifiques, cette thèse vise aussi à déterminer si deux facteurs reliés, soit l’alexithymie et le sentiment d’efficacité personnelle face à l’adoption de conduites alimentaires saines, améliorent la précision du modèle dans la prédiction de symptômes de TCA. Pour répondre empiriquement à cette question, il était d’abord nécessaire de disposer d’un questionnaire évaluant le sentiment d’efficacité personnelle en lien avec les conduites alimentaires qui peut être utilisé dans tout le spectre de présentation des TCA. Ainsi, le Eating Disorder Self-Efficacy Questionnaire (EDRSQ) a été adapté en français et ses propriétés psychométriques ont été évaluées. Une analyse factorielle confirmatoire a révélé une structure bi-factorielle, soit le sentiment d’efficacité personnelle en lien avec l’insatisfaction corporelle et avec l’adoption d’une alimentation normative. Chaque échelle a démontré une bonne fiabilité ainsi qu’une validité de construit cohérente avec la théorie. Par la suite, la capacité des facteurs proposés par Bruch à prédire les symptômes de TCA a été évaluée et comparée à des adaptations du modèle découlant des écrits. Au total, 203 étudiantes de premier cycle universitaire ont complété les versions validées en français du Eating Disorder Inventory 2, du Eating Attitudes Test, et du Toronto Alexithymia Scale en plus du EDRSQ. Les résultats montrent que le modèle de Bruch explique 46% de la variance des symptômes de TCA. Alors que l’insatisfaction corporelle et la conscience intéroceptive démontrent chacun une contribution importante dans la prédiction des symptômes de TCA, il a été démontré que l’inefficacité présente seulement une contribution spécifique négligeable. Le modèle de Bruch est amélioré par la substitution de l’inefficacité par le sentiment d’efficacité personnelle tel que mesuré par le EDRSQ; le modèle explique alors 64% de la variance des symptômes de TCA. Finalement, cette étude démontre que l’alexithymie n’a pas de contribution spécifique dans la prédiction des symptômes de TCA. Ainsi, la combinaison d’une faible conscience intéroceptive, de l’insatisfaction corporelle et d’un faible sentiment d’efficacité personnelle en lien avec les conduites alimentaires est fortement associée aux symptômes de TCA dans un échantillon non-clinique de jeunes femmes. Finalement, les implications conceptuelles et cliniques de ces résultats sont discutées. / High prevalence of Eating Disorders (EDs) amongst young women and poor treatment outcome rates have urged researchers to better understand premorbid factors involved in the pathology. One of the first models to emphasize premorbid personality factors in order to explain eating disorders was proposed by Hilde Bruch (1962, 1973, 1978) and is still very influential in today’s literature. Bruch’s model included three factors, namely body dissatisfaction, ineffectiveness and interoceptive awareness. The purpose of this thesis was to provide an empirical validation of Bruch’s theoretical model. Based on the literature, this thesis also aimed to determine if two related concepts, namely alexithymia and eating self-efficacy, improved the accuracy of the model in predicting ED symptoms. To empirically answer this question, it was first deemed necessary to have an eating self-efficacy questionnaire that could be used within all the spectrum of ED pathology. Therefore, the Eating Disorder Self-Efficacy Questionnaire (EDRSQ) was adapted to French and its’ psychometric properties were assessed. A confirmatory factor analysis revealed a bi-factorial structure, which were Body Image Self-Efficacy and Normative Eating Self-Efficacy. Both scales demonstrated evidence of reliability and theoretically consistent evidence of construct validity. Afterwards, Bruch’s factors ability to predict ED symptoms was assessed and then compared to empirically driven adaptations of the model. A total of 203 undergraduate females completed the Eating Disorder Inventory 2, Eating Attitudes Test, and Toronto Alexithymia Scale, as well as the EDRSQ. The results indicated that Bruch’s model accounted for 46% of the variance in eating symptomatology. While body dissatisfaction and interoceptive awareness both demonstrated an important contribution in predicting ED symptomatology, ineffectiveness was found to have a negligible specific contribution. Bruch’s model was improved by substituting ineffectiveness with eating self-efficacy as measured by the EDRSQ; it then accounted for 64% of the variance in eating disorder symptoms. Finally, this study demonstrated that alexithymia was not a specific predictor of eating disorder symptoms. Thus, a combination of lack of interoceptive awareness, body dissatisfaction and low eating self-efficacy is strongly associated with symptoms of eating disorders in a non-clinical sample of women. Finally, the conceptual and clinical implications of these findings were discussed.

A presente dissertação tem como o objetivo discutir as dificuldades adicionais de legitimação do Estado Democrático de Direito na Modernidade Periférica, a partir da observação do caso brasileiro. O marco teórico adotado será a teoria dos sistemas de Niklas Luhmann. Para Luhmann, o Estado Democrático de Direito deve ser compreendido como resultado da diferenciação entre o sistema político e o sistema jurídico. Os traços característicos da realidade brasileira (como a exclusão, o personalismo e a corrupção) prejudicam o cumprimento das funções desses dois sistemas funcionais. A falta de confiabilidade, equidade e acessibilidade dos procedimentos estatais, por sua vez, compromete a sua capacidade de absorver e intermediar a conflituosidade social, prejudicando a aceitação das decisões estatais. / This work has as objective to discuss the additional difficulties of legitimation of the democratic state of law in Peripheral modernity, from the observation of the Brazilian case. The theoretical framework adopted is the systems theory of Niklas Luhmann. For Luhmann, the democratic state must be understood as the result of differentiation between the political system and legal system. The characteristics of the Brazilian reality (such as exclusion, personalism and corruption) affect the functions of these two functional systems. The lack of reliability, equity and accessibility of state procedures, in turn, compromises their ability to absorb and mediate the social conflicts, undermining the acceptance of government decisions

Labor deals with the application of the principle of non-coercion to self-accusation in criminal proceedings, not only in the Czech Republic but also in other European countries and the USA. Partial results are obtained in particular by analyzing the case law of the European Court of Human Rights, the Constitutional Court of the Czech Republic and, not least, the work presented the views of the experts in the criminal process. Application of that principle is examined from different angles using various procedural acts when the argument was the same judgments inferred line between permissible and impermissible coercion from authorities involved in criminal proceedings. This limit is characterized by the activity of the accused to self- accusation, to which the accused may not be compelled under the threat of sanctions. The thesis deals with the historical development of the principle, its enactment in the valid law, but mainly with its application in the criminal proceedings. The application of this rule is examined not only for various types of testimony in criminal proceedings, but also for further evidence and procedural acts in criminal proceedings (recognition, issue / removal of the subject, identification, use of agent), as well as criminal prosecution of legal entities. The "nemo tenetur se...

Submitted by Rosina Valeria Lanzellotti Mattiussi Teixeira (rosina.teixeira@unisantos.br) on 2017-02-21T16:34:22Z No. of bitstreams: 1 Juliana Buck Gianini Ocampos.pdf: 1009469 bytes, checksum: 71d79bbcc4fe5c2a31731426c4dbf561 (MD5) / Made available in DSpace on 2017-02-21T16:34:22Z (GMT). No. of bitstreams: 1 Juliana Buck Gianini Ocampos.pdf: 1009469 bytes, checksum: 71d79bbcc4fe5c2a31731426c4dbf561 (MD5) Previous issue date: 2016-12-20 / As the traditional paradigm of penal cases handling faces a crippling crisis, thinkers have begun to focus their academic attention towards the establishment and standardization of fresh solutions for criminal accountability against offenders. The Restorative Justice has been proposed by national jurisprudence as a sanction alternative among several others. It promotes opening of conciliatory dialog between both parties involved in a penal conflict, in order to spread creative restitution of damage inflicted upon the environment, as well as socially reintegrate misdemeanor offenders. This new proposal of crime management states that our national judiciary system offers legal support to restorative, consensual justice, and the Law of Crimes against the Environment allows such solution. It is rooted in the conditional suspension of proceedings and it was judicially installed by the Law of Special Criminal and Civil Courts (Federal Law 9009/1995) which properly regulates the acceptance of mutually consensual deals signed on a restorative agreement. As for the violations against the environment, the proposed legitimate party to work as proxy for the community is the Attorney General who is in charge to either probate or not all agreements signed on conciliatory hearings regarding misdemeanors against the environment at Justice Centers for Conflict and Citizenship Resolutions (Federal Laws 9605/98, 9099/1995 and 10259/2011). That procedure enables implementation of restorative justice as well as alternative dispute resolutions in environment-related criminal cases which offend several collective legal interests. Whenever conflicts are analyzed by the Attorney General under the guidelines of traditional retributive penal law, common interest should prevail. / Com a evolução da crise que atinge o tradicional paradigma de gestão dos conflitos penais, estudiosos passaram a canalizar suas inquietações acadêmicas para o debate sobre a necessidade de sistematização e desenvolvimento de novas propostas de responsabilização criminal do infrator. Entre as novas alternativas sancionatórias apresentadas em discussões empreendidas pela doutrina está a Justiça Restaurativa, que idealiza a abertura do diálogo conciliatório entre as partes envolvidas no conflito penal, no intuito de se preconizar a restauração do dano causado ao meio ambiente e a reintegração social do infrator de menor potencial ofensivo. Essa nova proposta de gerenciamento da criminalidade parte inicialmente do entendimento de que o ordenamento jurídico pátrio oferece um arcabouço normativo para a aplicação do modelo de justiça consensual e restaurativa, em que a Lei dos Crimes Ambientais contém dispositivos que permitem soluções de tal natureza. Identificando-se no instituto da suspensão condicional do processo, introduzido no ordenamento jurídico pátrio pela Lei dos Juizados Especiais Cíveis e Criminais (Lei nº 9.099, de 1.995), o espaço normativo adequado possibilita a recepção das soluções consensuais estabelecidas no acordo restaurativo. No contexto da criminalidade contra o meio ambiente, defender-se-á que o sujeito legitimado para a representação da coletividade no bojo do processo restaurativo é o Ministério Público, que homologará ou não os acordos realizados nas audiências de conciliação por delitos causados ao meio-ambiente de menor potencial ofensivo, junto aos Centros Judiciários de Solução de Conflitos e Cidadania (Lei nº 9.605/98 c/c Lei nº 9.099, de 1995 e Lei nº 10.259, de 2011), viabilizando assim a aplicação da justiça restaurativa e dos métodos alternativos de solução dos conflitos na tutela penal do meio ambiente, os quais ofendem bens jurídicos supraindividuais. Quando os conflitos forem analisados pelo Ministério Público sob a ótica tradicional do direito penal retributivo, o interesse público deverá prevalecer.