On s’est habitué à adopter du concept d’autonomie une perception qui est celle d’un déclin, largement prophétisé dès le XIXème siècle chez les auteurs critiques du contrat. Tous les arguments ont contribué à cette interprétation et bien des choses semblent aller en ce sens. Ainsi, le concept laisse apparaître un bouleversement des distinctions classiques vérifiable du point de vue du langage définissant les sources ou autorités du droit (autonomie législative, judiciaire…). En réalité, la première autonomie de nature subjective n’a pas été contredite autant qu’on aurait pu le supposer. L’autonomie individuelle ou collective continue de définir la personne juridique en fonction d’une titularité plus ou moins étroite de ses droits, libertés, capacités ou pouvoirs. Elle contribue, en effet, à la promotion d’un cadre primordial et persiste dans une sorte de contrôle moral des volontés et des identités individuelles confrontées à des mécanismes exagérément objectifs. Une résurgence apparente du vocabulaire romaniste, sous prétexte d’équilibre des prestations, permet paradoxalement un déséquilibre entre les parties. C’est donc à une autonomie renouvelée, forte de nouvelles exigences, que l’on fait appel. Un plan moral succède au plan théorique sous l’angle de la protection des volontés. L’autonomie s’adapte tout en demeurant conforme à un sens subjectif originel. Elle pourrait devenir une référence de régulation, y compris pour les contrats internationaux. Le droit français aurait là une occasion de se rétablir, au moins du point de vue de l’interprétation. / We became used to adopt some concept of autonomy a perception which is the one of a decline, largely predicted from the XIXth century at the critical authors of the contract. All arguments contributed to this interpretation and many things seem to go this way. Actually, the concept uncovers a classical upheavel of distinctions whiches verifiable from the point of view of sources or authorities defining langage (legislative, judicial autonomy). In fact, the first autonomy of subjective nature was not as contradicted as it was supposed to. The individual or collective autonomy continues to define the legal person according to a more or less narrow tenure of its rights, liberties, capacities or powers. As a matter of fact it contributes to focus on an essential frame and persists in a kind of moral control of the wills and of the individual identities confronted to excessively objective mechanisms. A similar resurgence of the ancient roman law vocabulary, under the pretext of contractual balance, paradoxically allows a destabilization between the parts. So it is to the renewed autonomy strong on new requirements that we appeal. A moral plan succeeds the theoretical plan under the perspective of the protection of the wills. The autonomy adapts itself while remaining in compliance with an original subjective sense. She could become a reference of regulation, including for the international contracts. French law would then have an opportunity to recover, at least from the point of view of the interpretation.

No description available.

This qualitatively oriented Practical Theology research journey, informed by postmodernism and social constructionism, was based on a narrative enquiry into the healing and renegotiation of identity of five "faithful spouses" post infidelity and divorce. These conversations occurred within a small group context, where narratives were spoken and witnessed (pastoral therapeutic gatherings), and were aimed at enabling the participants to remember and re-author preferred identities and new ways of being. This dissertation attempts to bring together the narratives of the participants, the literature, narrative therapy and pastoral care. My research curiosity was prompted by my mother's experience of divorce, and by the myriad number of conversations I have had with both "infidels" and "faithful spouses" in my pastoral practice. This research journey examines the process of co-creating, along with my fellow travellers (research participants), a viable model of divorce recovery in the face of infidelity and divorce. / Philosophy, Practical and Systematic Theology / M.Th. (Pastoral Theology)

No description available.

Women throughout the world are suffering the brunt of HIV/AIDS. They carry the unenviable tag of being the suffering group who are at risk. Women's vulnerability to HIV/AIDS is a subject that has not received adequate attention to date. This empirical study examines the socio-cultural factors and practices that impede upon behavioural change of Zimbabwean women in an era of HIV/AIDS. Firstly, a sample of 1002 women respondents is purposefully drawn from the six major Zimbabwean ethnic groups to participate in this research study. A survey questionnaire is administered to respondents in the age group 18 to 59 years to quantify the levels and magnitude of the HIV/AIDS problem among women. Secondly, fifty in-depth interviews with key informants are conducted to assess the nature of the problem confronting and impeding upon women's quest to attain good reproductive health. Thirdly, six focus group discussions for each of the respective six ethnic groups are conducted with forty-eight mature women to understand broadly the concepts of the study. This study employs a combination of mainly qualitative and some quantitative methods of data collection and analysis, which is called triangulation. Underlying the methodology of this study is an overarching functionalist theoretical perspective, also referring to gender development theory which serves as the basis for data analyses. The main findings of this study include the view that power dynamics, gender roles and cultural practices have impacted negatively on women's quest to attain safe sexual behaviour. The problem of HIV/AIDS remains a complicated and awesome one among Zimbabwe's ethnic groups. For Zimbabwean women the HIV/AIDS problem begins with a total lack of control over sexual lives and behaviour of their husbands especially outside marriage. The women have noted that the majority stay faithful to their husbands and partners according to cultural prescriptions and roles, while their husbands do not comply. Women noted that cultural prescriptions in their various ethnic settings condone male infidelity but expect women to stay faithful to their partners. As a result it is found that women sometimes contract HIV/AIDS straight on their matrimonial beds. / SOCIOLOGY / Thesis (D. Phil. (Sociology))

Women throughout the world are suffering the brunt of HIV/AIDS. They carry the unenviable tag of being the suffering group who are at risk. Women's vulnerability to HIV/AIDS is a subject that has not received adequate attention to date. This empirical study examines the socio-cultural factors and practices that impede upon behavioural change of Zimbabwean women in an era of HIV/AIDS. Firstly, a sample of 1002 women respondents is purposefully drawn from the six major Zimbabwean ethnic groups to participate in this research study. A survey questionnaire is administered to respondents in the age group 18 to 59 years to quantify the levels and magnitude of the HIV/AIDS problem among women. Secondly, fifty in-depth interviews with key informants are conducted to assess the nature of the problem confronting and impeding upon women's quest to attain good reproductive health. Thirdly, six focus group discussions for each of the respective six ethnic groups are conducted with forty-eight mature women to understand broadly the concepts of the study. This study employs a combination of mainly qualitative and some quantitative methods of data collection and analysis, which is called triangulation. Underlying the methodology of this study is an overarching functionalist theoretical perspective, also referring to gender development theory which serves as the basis for data analyses. The main findings of this study include the view that power dynamics, gender roles and cultural practices have impacted negatively on women's quest to attain safe sexual behaviour. The problem of HIV/AIDS remains a complicated and awesome one among Zimbabwe's ethnic groups. For Zimbabwean women the HIV/AIDS problem begins with a total lack of control over sexual lives and behaviour of their husbands especially outside marriage. The women have noted that the majority stay faithful to their husbands and partners according to cultural prescriptions and roles, while their husbands do not comply. Women noted that cultural prescriptions in their various ethnic settings condone male infidelity but expect women to stay faithful to their partners. As a result it is found that women sometimes contract HIV/AIDS straight on their matrimonial beds. / SOCIOLOGY / Thesis (D. Phil. (Sociology))

Indiana University-Purdue University Indianapolis (IUPUI) / This study examined the roles of commitment and attributions in uninvolved partner responses to imagined sexual infidelity. Undergraduate students (N = 298) in dating relationships participated in a hypothetical sexual infidelity scenario in which they imagined their romantic partner engaged in sexual intercourse with someone else. Measured-variable path analysis was used to evaluate the predictive ability of commitment and attributions on negative emotional responses and predicted relationship continuation. The hypothesized conceptual model demonstrated poor fit to sample data. Through exploratory model building, an alternative model was generated that demonstrated good fit to sample data. A subset of commitment, investment, predicted negative affect. In addition, attributions predicted predictions of relationship continuation. Negative emotional responses were highly endorsed on a validated measure for emotional responses, the PANAS-X (Watson & Clark, 1994). Further, study findings highlight the importance of the use of a compliance check in assessing successful participant completion of imagined infidelity scenario. Unique study contributions include directions for further conceptual model development for this area of research as well as support for the use of compliance checks and careful selection of infidelity scenario.