Made available in DSpace on 2016-04-27T19:31:29Z (GMT). No. of bitstreams: 1 HIS - Luciana Petrini.pdf: 5372550 bytes, checksum: c261932f1c08631783987f20d8c472c5 (MD5) Previous issue date: 2006-11-08 / Secretaria da Educação do Estado de São Paulo / The reader will find a reflection on the practical judgments and the criminal ones effected in the period of the New State (1938-45) aiming at the recognition of the social relations in the context of the modernization of the referring laws to the occurred homicides in the city of São Paulo, one of biggest industrial centers at the time e, where the changes politics lived deeply in the country found its echo more significant. One is about a period where, although the proclaimed governmental politics of protection to the worker, in the practical one if does not take care of to its basic necessities of subsistence was they laborers or not what if it not only verifies for the fight of this segment for improvements of life and better conditions of work in this period, as in the following ones. The processes certify such condition that we analyze for the development of this work, that is, the files of legal documents that deal with the judgment of offenders who had committed crimes of injure person . The period of 1938 the 1945 if places as intermediate between the old Criminal Code and the implantation of the new, that it occurs in 1940, with intention to modernize the system of judgments of homicides. As if it will be able to observe, from 1938 already the debates occurred aiming at the consolidation of the new Code, according to which, will start to gain greater relevance in the judgment the figure of the offender, its partner-economic condition, subordinating themselves, with this approach, the act offender in itself. What it passes to be investigated now is the considered man criminal and not it definite act as crime properly said. Such alteration occurs in the interior of the reform of State promulgated for New State e, as if it vigorous propaganda for State, it had as intention, not only the modernization of the judiciary one, but also to integrate this system to the logic of valuation of the work (and of the worker). What if it observes in analyzed files of legal documents is as the outcome of the judgments finishes for incriminating ones and acquitting others without if it can objectify which the legal criterion that leads to such sentences, not to be its coincidence how much to the defense of the interests of control of the State. It is also proven of these processes, that if deal with crimes passionals committed for poor or needy people and that impunity if only discloses when if deals with the worker of the State, that is, when the involved one is tied with the police force. However, what we want to demonstrate is the relation between these crimes and the repercussions that the change in the 1940 legislation introduced in the logic of its judgment / O leitor encontrará aqui uma reflexão sobre as práticas criminais e os julgamentos efetuados no período do Estado Novo (1938-45), visando ao reconhecimento das relações sociais no contexto da modernização das leis referentes aos crimes de homicídio ocorridos na cidade de São Paulo, um dos maiores centros industriais na época, onde as mudanças políticas vivenciadas no País encontravam seu eco mais significativo. Trata-se de um período em que, apesar da apregoada política governamental de proteção ao trabalhador, na prática não se atendiam às suas necessidades básicas de subsistência, fossem eles operários ou não, o que se verifica pela luta deste segmento por melhorias de vida e melhores condições de trabalho não só neste período como nos seguintes. Atestam tal condição os processos que analisamos para o desenvolvimento deste trabalho, ou seja, os Autos que tratam do julgamento de contraventores que cometeram crimes de lesa-pessoa . O período 1938-45 se coloca como intermediário entre a vigência do antigo Código Penal e a implantação do novo, que ocorreu em 1940, com o intuito de modernizar o sistema de julgamentos de homicídios. Como se poderá observar, a partir de 1938 já ocorriam os debates visando à consolidação do novo Código, segundo o qual passaria a ganhar maior relevância no julgamento a figura do contraventor, sua condição socioeconômica, subordinando-se a este enfoque o ato contraventor em si. O que passaria a ser investigado agora era o homem considerado criminoso, e não o ato definido como crime propriamente dito. Tal alteração ocorreu no interior da reforma de Estado promulgada pelo Estado Novo e, segundo se propagandeava, tinha como objetivo não apenas modernizar o judiciário, mas, também, integrar este sistema à lógica de valorização do trabalho (e do trabalhador). O que se observa nos Autos analisados é como o desfecho dos julgamentos acabou por incriminar uns e absolver outros sem que se possa objetivar qual o critério legal que levou a tais sentenças, a não ser sua coincidência quanto à defesa dos interesses de controle do Estado. Destes processos evidencia-se, também, que se trata de crimes passionais cometidos por pessoas pobres ou miseráveis e que a impunidade se revela apenas em relação ao trabalhador do Estado, ou seja, quando o envolvido é vinculado à força policial. Enfatizamos a relação entre estes crimes e as repercussões que a mudança na legislação de 1940 introduziu na lógica de seu julgamento

This thesis is based on the assumption that the intersection of moral philosophy and practical risk management is a rewarding area to study. In particular, the thesis assumes that concepts, ideas, and methods that are used in moral philosophy can be of great benefit for risk analysis, but also that practices in risk regulation provide a useful testing ground for moral philosophical theories. The thesis consists of an introduction and five articles. Article I is a review article on social and ethical aspects of radiation protection related to nuclear power generation. The paper concludes that four areas of social and ethical issues stand out as central: The first is uncertainty and the influence of value judgments in scientific risk assessments. The second is the distributions of risks and benefits between different individuals, in both space and time. The third is the problem of setting limits when there is no known level of exposure associated with a zero risk. The fourth is related to stakeholder influence and risk communication. Article II discusses ethical issues related to the proposal that doses (or risks) below a certain level should be excluded from the system of radiation protection, without any regard for the number of people exposed. Different arguments for excluding small radiation doses from regulation are examined and a possible solution to the problem of regulating small risks is proposed in the article: Any exclusion of small doses (or risks) from radiation protection ought to be based on a case-by-case basis, with the condition that the expected value of harm remains small. Article III examines what makes one distribution of individual doses better than another distribution. The article introduces a mathematical framework based on preference logic, in which such assessments can be made precisely in terms of comparisons between alternative distributions of individual doses. Principles of radiation protection and from parallel discussions in moral philosophy and welfare economics are defined using this framework and their formal properties analyzed. Article IV argues that the ethical theory of “responsibility-catering prioritarianism” is well positioned to deal with the reasonable requirements in an ethical theory of risk. The article shows how responsibility-catering prioritarianism can be operationalized using a prioritarian social welfare function based on hypothetical utilities. For this purpose, a hypothetical utility measure called ‘responsibility-adjusted utility’ is proposed, which is based on the utility that would normally be expected given circumstances outside of the control of the individual. Article V was written as a response to the Fukushima disaster. Several authors have called the Fukushima disaster a ‘black swan.’ However, the article argues that the hazards of large earthquakes and tsunamis were known before the accident, and introduces and defines the concept of a ‘black elephant,’ as (i) a high-impact event that (ii) lies beyond the realm of regular expectations, but (iii) is ignored despite existing evidence. / QC 20120816

My dissertation aims to contribute to a more comprehensive understanding of how consumers make sense of online word-of-mouth. Each essay in my dissertation probes beyond the effect of rating valence and explores the role of textual content. In the first essay, I explore negativity bias among online consumers evaluating peer information about potential sellers. I propose that both the likelihood of negativity bias and resistance to change after a trust violation will depend on the domain of information discussed in a review. Three experiments showed that negativity bias is more prominent for information regarding sellers' integrity than information regarding their competence. These findings suggest that the universality of negativity bias in a seller review setting has been exaggerated. In the second essay, I examine the impact of emotional arousal on the perceived helpfulness of text reviews. I propose an inverse U-shaped relationship by which the arousal conveyed in a text review will be associated by readers with lower perceived helpfulness only beyond an optimal level, and that the detrimental effect of arousal is present for negative reviews even when objective review content is controlled for. To test these hypotheses, two studies were conducted in the context of Apple's mobile application market. In Study 1, I collected actual review data from Apple's App Store, coded those reviews for arousal using text analysis tools, and examined the non-linear relationship between arousal and review helpfulness. In Study 2, I experimentally manipulated the emotional arousal of reviews at moderate to high levels while holding objective content constant. Results were largely consistent with the hypotheses. This essay reveals the necessity of considering emotional arousal when evaluating review helpfulness, and the results carry important practical implications. In the third essay, I explore effects of the emotions embedded in a seller review on its perceived helpfulness to readers. I propose that over and above the well-known negativity bias, the impact of discrete emotions in a review will vary, and that one source of this variance is perceptions of reviewers' cognitive effort. I focus on the roles of two distinct, negative emotions common to seller reviews: anxiety and anger. In Studies 1 and 2, experimental methods were utilized to identify and explain the differential impact of anxiety and anger in terms of perceived reviewer effort. In Study 3, actual seller reviews from Yahoo! Shopping websites were collected to examine the relationship between emotional review content and helpfulness ratings. These findings demonstrate the importance of discriminating between discrete emotions in online word-of-mouth, and they have important repercussions for consumers and online retailers.

This study is concerned with the recognition and enforcement of foreign arbitral awards under the relevant regimes in the GCC states, both local law and international conventions. The easy enforceability of arbitral awards is considered one of the main factors in the success of international commercial arbitration. Thus this thesis not only attempts a comprehensive analysis of the requirements of and procedures for recognition and enforcement of foreign awards in the GCC States, but also evaluates whether the GCC’s laws and practices comply with best international practice standards, especially as embodied in the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The thesis comprises of seven chapters. The first chapter examines the legal framework of the GCC States, and provides a brief history of the rules governing arbitration and the recognition and enforcement of foreign arbitral awards. Chapter two looks at general principles regarding recognition and enforcement of foreign arbitral awards. Chapter three covers jurisdictional elements in the recognition and enforcement of arbitral awards in the GCC States. Chapter four examines the procedural steps demanded by each state for the enforcement of an award, looking particularly at the impact of relevant international conventions on these issues. Chapter five deals with the evidence which must be tendered and the conditions that must be satisfied in order to obtain the recognition and enforcement of foreign arbitral awards in the GCC States. Chapter six examines the grounds on which a respondent may apply to dismiss an application for recognition and enforcement of a foreign arbitral award. Chapter seven then deals with the grounds on which a foreign arbitral award must be refused enforcement. The concluding chapter summarises the problems thrown up by the study, and suggests a common way forward for the legal systems of the states of the Arabian Gulf in dealing with these issues.

The intended contribution of this work is to systematically discuss a selection of methodological topics and some of the empirical and technical issues that have been driving the measurement of inequality in Mexico so far. This discussion has two strands: firstly, the general case, and second, the particular case of Mexico. The general case include some philosophical concerns, along with a review of the traditional inequality measurement, the most common operational decisions in empirical calculations, and the recent methodological contribution of development literature that is mostly centered around the capability approach of Sen (1985b). The philosophical part contrasted with other approaches and rejected the Marxist view of economic inequality, which is mostly viewed as an outcome of exploitation. The distributional judgments are compared with more ancient schools of thought in regards to justice. Another methodological issue is such that social inequality, approximated by income inequality, might be considered as an additional functioning that measures the degree of social cohesion in the country, this finding is an implication that comes from the definition of functionings within the capability approach; then, social inequality is a functioning that is different in nature from other measures of destitution, and it is also different from the destitution that is captured by absolute poverty measurement. Our general case includes a review of the most popular ways to measure inequality, such as normative and pragmatic inequality measures that are mentioned with their properties, with their rankings of the distributions provided by the use of stochastic dominance and quantile comparisons, and the construction of statistical models and some graphic representations of income economic inequality; the approach of inequality concerns included in the measurement of relative poverty is rejected for the sake of clarity. Then this general view would guide us to a better understanding of the Mexican literature for the consideration of income distribution. The measurement of destitution provided by governmental offices is necessary to discuss, because there might be some lack of coherence between the design of the measurement and the complex legal system in Mexico. We also consider a set of regulatory concerns that might not be unique to the Mexican law, but may be generalized for developing countries as a whole. Some of the methodological discussions that show how the Mexican research has been influenced by the international literature about human destitution will be good to clarify, looking at the value judgments that have been automatically accepted by the researchers. A sensitivity analysis was performed to the empirical calculation of inequality in Mexico, so the measurement showed to be different in regards to a variety of operational concerns: the recipient unit, the different data from income and consumption-expenditure surveys, various non-responses and underreported biases, the inclusion of a regional price index, among other things. In this work was also covered the reasons why it might be the case that destitution and poverty assessment was studied more deeply than inequality itself, so the possible ambiguity of inequality with poverty measurement is challenged in this work with a variety of theoretical remarks and empirical arguments. The final topic for the particular case of Mexico is to shed light in regards to the context of the capability approach and the use of equivalence scales, because these methodological approaches consider respectively directly and indirectly the assessment of distributional judgments. This discussion is followed by an empirical assessment of inequality measures that is related with a set of functionings and services, where a direct relationship of measures of inequality with other measures of destitution is made clear.

Thesis (Ph.D.) -- La Trobe University, 2006. / Research. "A thesis submitted in total fulfilment of the requirements for the degree of Doctor of Philosophy, La Trobe Law, Faculty of Law and Management, La Trobe University, Bundoora, Victoria". Includes bibliographical references (leaves 318-338). Also available via the World Wide Web.

Univ., Diss.--Göttingen, 2002. / Literaturverz. S. 227 - 256.

Benché ampiamente studiata con riferimento al contenzioso interno, la res judicata ha ricevuto minore attenzione nella sua “dimensione internazionale”. Il presente lavoro si propone di esplorare i profili incerti degli effetti di giudicato delle “decisioni non domestiche”, intese come decisioni non provenienti dalle corti del foro, e in particolare delle sentenze straniere e dei lodi arbitrali internazionali. Nel tentativo di superare almeno parte delle incertezze e dei problemi della prassi attuale, in relazione alle sentenze straniere si sostiene che i relativi effetti di giudicato vengano determinati sulla base della teoria dell’estensione assoluta degli effetti, la quale assicura certezza giuridica transnazionale ed è consona alla moderna evoluzione liberale delle norme sul riconoscimento. Quanto ai lodi arbitrali, si propone che le istituzioni arbitrali adottino, nei propri regolamenti, ampie regole preclusive che riflettano la natura e gli obiettivi del procedimento arbitrale. Le soluzioni proposte condividono l’idea che gli effetti di giudicato di una “decisione non domestica” dovrebbero essere determinati in linea di principio dal “sistema” a cui la decisione appartiene, sebbene l’adozione di un approccio unitario risulti problematica quando questioni di giudicato sorgono tra corti statali e tribunali arbitrali in maniera da compromettere l’autonomia dell’arbitrato internazionale. / Although extensively studied in domestic litigation, res judicata has received less attention in its “international dimension”. This work seeks to navigate the uncharted waters of the res judicata effects of “non-domestic decisions”, understood as decisions that are not rendered by the courts of the forum, and in particular of foreign judgments and international arbitral awards. In an attempt to overcome at least part of the uncertainties and problems of the current practice, as regards foreign judgments it is proposed that their res judicata effects be determined based on the theory of the absolute extension of effects, which ensures cross-border legal certainty and accords with the modern liberal evolution of recognition rules. As regards arbitral awards, it is suggested that arbitral institutions adopt, in their regulations, broad preclusive rules that reflect the nature and objectives of the arbitral process. The proposed solutions share the idea that the res judicata effects of a “non-domestic decision” should be in principle determined according to the “system” to which the decision belongs, although the adoption of a unitary approach is challenged when res judicata issues arise between state courts and arbitral tribunals so to jeopardize the autonomy of international arbitration.

This study examined the ability of students to correctly discern between truthful and deceptive messages from a group of second language English speakers. Recent studies have found a ‘lie bias’ when making veracity judgments towards second language speakers. This lie bias may be problematic in a country such as South Africa where the majority of the population communicate, to a greater or lesser extent, in their second language. In this study participants (n=64) made classifications of 24 messages as either truthful or deceptive. The messages were created by second language English speakers who were asked to describe a truthful or deceptive event. The results revealed that there was a significant difference between the way that first and second language participants made their judgments. It is argued that this difference can be attributed to the notion that second language participants require more cognitive effort, than their first language counterparts, to understand and classify messages. / Psychology / M. A.(Psychology)

The issue of the enforcement of judgments in family cases is of a specific nature and differs from the enforcement of other civil law decisions by the specific legal regulation and the nature of the subject matter of the enforcement of decisions, where the subject matter are persons, especially minors, and not thed pecuniary and non-pecuniary performance as in other cases of enforcement. In connection with the recodification of private substantive law, a new Act No. 292/2013 Coll., on Special court proceedings, which contains special legal regulations on the enforcement of judgments in matters of protection against domestic violence and in matters of custody of minors, was adopted. At the same time, Act No. 99/1963 Coll., The Code of Civil Procedure, was novelized and remained a subsidiary act. This thesis deals with special procedures for the enforcement of judgements in family cases, which we find in the second part of the fifth section of the Special court proceedings Act. In the first chapter, the thesis deals with the issue of civil proceedings, the enforcement proceedings and execution of decisions, with emphasis on its development, principles, functions and legal regulations. The second chapter focuses on the enforcement of judgements in family cases and on their specifics. The third chapter...