Les réclamations pour dommages punitifs en vertu de la Charte des droits et libertés de la personne se multiplient depuis plusieurs années devant les tribunaux. Pour être accueillie, cette réclamation implique la démonstration d’une atteinte illicite et intentionnelle à un droit ou une liberté protégé par cette charte. Les recours en responsabilité peuvent faire l’objet d’une couverture d’assurance. Or, le Code civil du Québec prévoit spécifiquement que l’assureur n’est pas tenu de couvrir la faute intentionnelle de l’assuré. Est-ce à dire que l’assureur n’a pas d’obligation envers son assuré lorsque des dommages punitifs sont réclamés? Il s’agit donc de déterminer si le concept de faute intentionnelle et celui d’atteinte illicite et intentionnelle sont des concepts qui s’équivalent ou qu’il est nécessaire de distinguer. Pour cette analyse, ces deux concepts seront abordés en profondeur. Il sera question de l’origine de ces deux notions, de leurs fondements et de leur interprétation pour finalement définir ces termes le plus précisément possible. Ces définitions permettront d’opposer ces deux notions et de déterminer au final qu’il existe plusieurs éléments qui différencient ces concepts, notamment à l’égard de l’intention requise, faisant en sorte qu’ils ne peuvent être assimilés. Cette conclusion aura un impact certain sur les obligations de l’assureur de défendre l’assuré et d’indemniser la victime pour ses dommages compensatoires lorsqu’il existe une réclamation en dommages punitifs et, par conséquent, l’assureur ne pourra faire reposer son refus de défendre ou d’indemniser sur la seule base de la preuve d’une atteinte illicite et intentionnelle. / Claims for punitive damages have proliferated over the years before the courts. For such claim to be granted, it is required to demonstrate an unlawful and intentional interference with any right or freedom protected by the Charter of Human Rights and Freedoms. Liability claims can be covered by insurance. However, the Civil Code of Québec specifically provides that the insurer is never bound to indemnify the insured’s intentional fault. Does this mean that the insurer has no obligation towards its insured when punitive damages are sought? The question is thus whether the concept of intentional fault and of unlawful and intentional interference are concepts that are equivalent or that need to be distinguished. For this analysis, the two concepts will be adressed in depth. The origin of these two concepts, their founding principles and their interpretation will be discussed to ultimately define these terms as precisely as possible. These definitions will then help to compare these two concepts and determine in the end that there are several elements that differentiate these concepts, particularly in regard to the required intent, with the result that they can not be assimilated. This conclusion will have a definite impact on the insurer’s obligations to defend the insured and to indemnify the victim for compensatory damages if punitive damages are also sought. Therefore, the insurer cannot justify its refusal to defend or indemnify solely on the basis of the evidence of an unlawful and intentional interference.

There is a conceptual knot at the intersection of moral responsibility and action theory. This knot can be expressed as the following question: What is the relationship between an agent's openness to moral responsibility and the intentional status of her behaviour? My answer to this question is developed in three steps. I first develop a control-backed account of intentional agency, one that borrows vital insights from the cognitive sciences – in the form of Dual Process Theory – in understanding the control condition central to the account, and demonstrate that this account fares at least as well as its rivals in the field. Secondly, I investigate the dominant positions in the discussion surrounding the role of control in moral responsibility. After consideration of some shortcomings of these positions – especially the inability to properly account for so-called ambivalence cases – I defend an alternative pluralist account of moral responsibility, in which there are two co-extant variants of such responsibility: attributability and accountability. The latter of these will be shown to have a necessary control condition, also best understood in terms of a requirement for oversight (rather than conscious or online control), and in terms of the workings of the dual system mechanism. I then demonstrate how these two accounts are necessarily related through the shared role of this kind of control, leading to my answer to the original question: if an agent is open to moral accountability based on some activity or outcome, this activity or outcome must necessarily have positive intentional status. I then apply this answer in a consideration of certain cases of the use of the Doctrine of Double Effect.

Indecent assault consists in an unlawful and intentional indecent assault which is and is intended to be indecent. There is some controversy in the case law whether the indecency is committed only by acts which are, objectively speaking indecent, against the view that even though the act is not indecent itself, may nevertheless found a conviction of indecent assault if it was the intention of the accused to act indecent and such intention was conveyed to the victim. It is submitted that the last mentioned approach is to be preferred but that the following test should be used: 1. If the act, is objectively speaking indecent and there is no doubt about the unlawfulness as well as the indecent intention of the accused, the crime of indecent assault was committed. 2. If the act is objectively speaking indecent but the indecent intention of the accused can not be proven, there is a rebuttable presumption that the accused acted with an indecent intention. Such as presumption must be rebutted b the accused himself. 3. If the act is not objectively speaking, indecent but the indecent intention of the accused can for example be proven by the accused confession to such an intention, the act became indecent. / Text in Afrikaans / Law / LL.M.

Imago relationship therapy was originally applied to couples counselling by Dr Hendrix (1992, 1993). This model was applied to a group of senior managers from the Lonmin Platinum Mine to create an understanding of intrapersonal and interpersonal dynamics to reduce the conflict levels they experienced in the workplace. Imago theory is applicable to the workplace because of the influence of intrapersonal processes on interpersonal dynamics, which is the same influence that causes conflict in romantic relationships. Love relationships consist of three stages, namely romantic love, the power struggle stage, and the real love stage. In the organisational context, these stages are the initial excitement phase, the power struggle stage, and the conscious relating stage. The study aimed to obtain quantitative and qualitative data on the effects of the Imago theory programme presented to the group of managers. The study thus aimed to determine whether the managers experienced a shift in their consciousness after the programme had been presented. Furthermore, the study aimed to determine whether such a shift in consciousness would have an effect on the individuals’ overall emotional wellbeing and if it would increase their overall life satisfaction. Furthermore, the study investigates if the programme had a positive effect on their interpersonal relationships (particularly with their subordinates). Twenty-two senior managers and 22 subordinates participated in the study. Certain pre-tests were conducted, followed by the seven-module intervention. The same post-tests were conducted after the training had taken place. Quantitative and qualitative results were obtained. The quantitative results showed that the participants’ problem solving abilities improved and that they experienced marginally higher levels of life satisfaction. The reactivity levels experienced by the participants during conflict situations decreased, and their levels of marital satisfaction improved. The results also showed that the managers responded more positively to their subordinates after the intervention. Furthermore, the subordinates experienced their managers as being more flexible after the intervention. The qualitative results indicated that a shift in consciousness did take place as envisaged. The group understood both intrapersonal and interpersonal psychodynamics. They also willingly applied Imago concepts to improve their functioning in the organisational context. / Psychology / D. Litt. et Phil. (Psychology)

We describe and report on results of employing a new method for analyzing lay conceptions of intentional and unintentional action. Instead of asking people for their conceptual intuitions with regard to construed scenarios, we asked our participants to come up with their own scenarios and to explain why these are examples of intentional or unintentional actions. By way of content analysis, we extracted contexts and components that people associated with these action types. Our participants associated unintentional actions predominantly with bad outcomes for all persons involved and linked intentional actions more strongly to positive outcomes, especially concerning the agent. People’s conceptions of intentional action seem to involve more aspects than commonly assumed in philosophical models of intentional action that solely stress the importance of intentions, desires, and beliefs. The additional aspects include decisions and thoughts about the action. In addition, we found that the criteria that participants generated for unintentional actions are not a mere inversion of those used in explanations for intentional actions. Associations between involuntariness and unintentional action seem to be stronger than associations between aspects of voluntariness and intentional action.

<p>The driving force of conducting the two studies presented in this thesis is to examine ways that conceptual understanding and problem solving could be part of mathematics teaching, and through that, part of students' mathematical knowledge. The specific aims of the thesis are: 1) to characterize the classroom discourse of two, apparently similar, problem solving courses in teacher education and 2) to discuss the possibilities of developing two analytical approaches - the communicational approach to cognition and the dialogical approach - used for studying mathematical discourse. The two aims are elaborated on by means of data collected through audiotaped recordings and field notes from observations of problem-solving activities in engineering and teacher education. In relation to the first aim, the analysis of the classroom discourse within the two courses makes it clear that both courses displayed different kinds of discourse that could be broadly categorized in terms of: subject-oriented, didactically oriented, and problem solving oriented discourses. However, the comparisons between the two courses reveal a marked difference in the distribution of these categories of discourse. It is suggested that the introduction of explicit conceptual frameworks in teaching is of crucial importance for the topical focus of the classroom discourse, and for prospective teachers' opportunity to engage in mathematical productive discourse. The analyses of the two approaches for studying mathematical discourse reveal that the two frameworks can be further developed and the study also indicates ways in which such development can be achieved using a theory of contextualization and theories of mathematical learning. Finally, the thesis discusses theoretical and practical implications of the results, foregrounding issues of importance for the research on mathematical discourse, and for teachers and teacher educators involved in designing instructions for mathematical problem solving.</p>

Subjective Defining of Life Goals of Pupils with Behavioural Disturbances Author: Jan Chaloupka Faculty of Education, Charles University in Prague - Department of Special Education Supervisor: Mgr. Jana Mottlová Based on studying literature on general pedagogy, special pedagogy and psychology as well as on the author's personal experience with working with pupils with behavioural disturbances, the author proposes a hypothesis, according to which the long-term goal seeking efforts of the majority of pupils concerning socialization and education are absent, distorted and ineffective. The objective of this paper is to confirm or refute the validity of the hypothesis as well as to theoretically formulate impulses for practice. The research was performed on a sample of 120 respondents and a contrastive control group of 30 grammar school students. It was effectuated by means of a questionnaire and complemented by interviews, which are not included in full form for space reasons. The research has shown that in a heterogeneous group of respondents, a majority of two thirds is either incapable of life goals definition or the definition is rather inadequate and unrealistic. The author, however, has identified the reasons for this neither in the faulty family or educational background nor in decreased...

L'intentionalité est la faculté qu'a l'esprit humain de se diriger vers des objets de toutes sortes. On la capture linguistiquement à travers l'usage de verbes comme "savoir", "croire", "craindre", "espérer". Les énoncés intentionnels comme "Jean croit que Nosferatu est un vampire" ou "Oedipe aime Jocaste" défient les lois de la logique classique, remettant en cause la validité de principes logiques tels que la généralisation existentielle ou encore la substitution des identiques. Je propose dans ma thèse une analyse fondée sur les logiques intentionnelles explicites, des logiques où le langage est enrichi au moyen d'opérateurs qui expriment explicitement l'intentionalité. Des aspects originaux de la signification des énoncés intentionnels sont saisis au coeur des pratiques argumentatives, dans le contexte de la logique dialogique notamment. S'intéressant plus spécifiquement au cas de la fictionalité, paradigme où se mêlent naturellement considérations logiques, linguistiques et métaphysiques, je défends une théorie artefactuelle dans laquelle on définit des critères d'existence et d'identité pour les identités fictionnelles littéraires au moyen de la notion de relation de dépendance ontologique. La notion de dépendance ontologique est toutefois sujette à de graves difficultés que l'on repasse ici dans le contexte d'une sémantique modale-Temporelle, défendant alors une approche novatrice de la dimension artefactuelle des fictions. In fine, on propose une combinaison de la théorie artefactuelle à une sémantique pour l'opérateur de fictionalité qui permet l'articulation entre différents points de vue sur la fiction, les points de vue interne et externe notamment. / Intentionality is that faculty of human mind whereby it is directed towards objects of all kinds. It is recorded linguistically in verbs such as "to know", "to believe", "to fear", "to hope". Intentional statements such as "John thinks that Nosferatu is a vampire" or "Oedipus loves Jocasta" challenge classical logical laws such as existential generalization or substitution of identical. I propose here an analysis grounded on explicit intentional logics, i. e. logics in which languages are enriched by means of specific operators expressing intentionality. Some original aspects of the meanings of intentional statements are grasped within argumentative practices, more specifically in the context of dialogical logic. I focus more specifically on fictionality, a paradigm in which logical, linguistic and metaphysical considerations are naturally embedded. I defend an artifactual theory in which existence and identity criteria for fictional entities are defined by means of the notion of ontological dependence relation. That notion faces several difficulties overcome here in a modal-Temporal semantics in which an innovating approach to the artifactual diemnsion of fiction is defended. Ultimately, a combination of that theory to a semantic for the fictionality operator is suggested. This enable us to articulate external and internal viewpoints on fictionality.

The search for origins of the republican aedileship presents a difficult task. At first sight the story about foundation and evolution of this magistracy lies in ancient sources. On the closer look it may be discerned, that the same sources have their own present intentions. They search for a tradition in oral based history to legitimise the current status of the aedileship and present it in historical context. Yet another question raises ambiguity. The twin character of the magistracy blurs our perceptions and makes it challenging to distinguish whether plebeian and curule aedileships are evolving intertwined or apart of each other. Nevertheless, delving upon the wide variety of ancient sources it is still possible to reconstruct the basic functions and duties of the aediles. Furthermore, the aedileship has to be looked upon in broader picture, in order to figure out, how it is situated in the system of republican magistracies and why the roman aristocrats strived to serve as aediles. The main purpose of this paper is to bring the aedileship out of the shadows and present it as full pledged research topic. Starting with aedileship it may embark us on questioning our knowledge of the republican magistracies. Powered by TCPDF (www.tcpdf.org)

Title: Comparison of the operation of selected ice stadiums in Prague. Objectives: The aim of this thesis is to compare selected ice stadiums to each others by using analysis. Furthrmore, the thesis should show the opportunities and threats of teh selected ice stadiums. Methods: The case analysis was chosen as the main research method. In the preparation of this analysis other methods, such as intentional selection, document analysis and semi-structured interview were applied. Based on the results the SWOT analysis was developed. Through this method the strengths, weaknesses, opportunities and threats of the selected ice stadiums. SLEPT analysis was used to recognize factors, that affects selected ice stadiums. Results: The analysis shows that every single ice stadium is able to assure enough clients. Some cooperate with nearby schools, others are linked with ice hockey club. Three of selected ice stadiums are able to make profit, two are able not to lose money and two were not willing to provide their econimic information. It was also recognized, that there is a huge need to reconstruct some parts in almost every single ice stadium. We could also see that it is important to reach some money from grants. Key words: Ice stadium, ice-rink, cooling, services, document analysis, semi-structured...