Global ETD Search

1	The Man of Law's Tale and its Analogues Gardner, Eva Delores 08 1900 (has links) This thesis examines Chaucer's "The Man of Law's Tale" from the "Canterbury Tales," and includes a comparison of the narrative treatment of Chaucer's, Gower's and Trivet's tales of Constance. Geoffrey Chaucer Man of Law's Tale Canterbury Tales Constance
2	Communities in Translation: History and Identity in Medieval England Hurley, Mary Kate January 2013 (has links) "Communities in Translation: History and Identity in Medieval England" argues that moments of identity formation in translated texts of the Middle Ages are best understood if translation is viewed as a process. Expanding on Brian Stock's idea that texts organize and define real historical communities, I argue that medieval translations--broadly considered as textual artifacts which relate received narratives--create communities within their narratives based on religious, ethnic, and proto-nationalist identities. In my first chapter, I assert that the Old English Orosius--a translation of a fifth-century Latin history--creates an audience that is forced to assume a hybrid Roman-English identity that juxtaposes a past Rome with a present Anglo-Saxon England. In chapter two, I argue that the inclusion of English saints among traditional Latin ones in Ælfric of Eynsham's Lives of the Saints stakes a claim not only for the holiness of English Christians but for the holiness of the land itself, thus including England in a trans-temporal community of Christians that depended on English practice and belief for its continued success. In my third chapter, I turn to Chaucer's Man of Law's Tale, and read it alongside its historical source by Nicholas Trevet in order to demonstrate Chaucer's investment in a multicultural English Christianity. These arguments inform my reading of Beowulf, a poem which, while not itself a translation, thematizes the issues of community raised by my first three chapters through its engagement with the problematic relationship between communities and narrative. When Beowulf's characters and narrator present an inherited narrative meant to bolster community, they more often reveal the connections to outside forces and longer histories that render its textual communities exceedingly fragile. Where previous studies of translation focus on the links of vernacular writings to their source texts and their Latin past, I suggest that these narratives envision alternative presents and futures for the communities that they create. History in literature British literature Orosius Literature, Medieval Beowulf Man of law's tale (Chaucer, Geoffrey)
3	THE LAW’S CLAIM TO JUSTICE: NORMATIVITY AND THE MORALITY OF THE LAW -BRANDOM, KORSGAARD, AND SOPER- Seifried, Michael Matthew 11 May 2005 (has links) No description available. Law Philosophy Law Normativity Norms Justice Law's Claim to Justice Brandom, Robert Korsgaard, Christine Soper, Philip Philosophy Philosophy of Law Normativiy of the Law Morality of the Law Legal Norms Egoism
4	Filial piety obligations and the lived experience of Korean female caregivers of aging parents-in-law in Canada Do, Eun Kyeong 18 January 2017 (has links) This study examined, through a narrative phenomenological framework, the experiences of Korean female caregivers in Canada, and the ways in which filial piety obligations affected their quality of life. The existing literature is scarce on information about caregiving by Korean females in both North America and Canada. Further, caregiving issues regarding caregiving stress have mostly investigated the medical aspects. It was crucial, therefore, to investigate and understand the social aspects of the caregiving experience. Korean daughters-in-law (DILs), who lived with their aging parents-in-law (PILs) in environments profoundly rooted in Confucian values, experienced conflicts with their parents/mothers-in-law. A number of caregiving hardships were identified and categorized according to the following two themes: cultural obligations and direct caregiving practices. Some DILs’ caregiving hardships were heavier when they moved to Canada and adopted a new culture. The findings of this study show that the caregiving practices of these Korean female caregivers in Canada are changing as the DILs have been influenced by their new environment, but the findings also demonstrate that the DILs are still strongly affected by the traditional cultural values in which they were raised. This study investigated their attitudes and behaviours of these women in their caregiving roles by employing a qualitative research design. As little research has been done on immigrant women’s caregiving experience, this study provides an important contribution by examining the lived experience of immigrant women as it is affected by the traditional cultural value of filial piety. / February 2017 Filial Piety Caregiving Korean immigrants Confucian principles Cultural obligations Feminist approach Narrative phenomenology framework Daughter-in-law's coping strategies Aging parents-in-law Observing care from childhood Direct caregiving practices
5	Místo a role přirozeného zákona v Sumě teologické sv. Tomáše Akvinského / Natural Law in Aquinas' Summa Theologiae: Its Place and Role Hašková, Ingrid January 2021 (has links) The work deals with the characteristics of natural law in the Sum of theological St. Thomas Aquinas, as well as what natural law is and the question of the philosophical problem of natural law. The aim of the work is to point out the place and role of natural law in the Theological Sum.At the end of the work synthesize individual chapter and subchapters and do an analythical analysis of natural law in the Theological Sum. The name of my work is the place and role of the Natural law in the Theological Sum of St. Thomas Aquinas.
6	Law in 3-Dimensions 2013 March 1900 (has links) This project, overall, involves a theory of law as dimensions. Throughout the history of the study of law, many different theoretical paradigms have emerged proffering different and competing ways to answer the question ‘what is law’? Traditionally, many of these paradigms have been at irreconcilable odds with one another. Notwithstanding this seeming reality, the goal of this project was to attempt to take three of the leading paradigms in legal theory and provide a way to explain how each might fit into a single coherent theory of law. I set out to accomplish this by drawing on the field of theoretical physics and that field’s use of spatial dimensions in explaining various physical phenomena. By engaging in a dimensional analysis of law, I found that I was able to place each paradigm within its own dimension with that dimension being defined by a specific element of time, and in doing so much of the conflict between the paradigms came to be ameliorated. The project has been divided into two main parts. PART I discusses the fundamentals of legal theory (Chapter 1) and the fundamentals of dimensions (Chapter 2). These fundamentals provide a foundation for a dimensional analysis of law which takes place throughout PART II. In Chapter 3, I argue that the three fundamental theses of Positivism coalesce with the 1st-dimension of law, which is defined as law as it exists at any one point in time. From there, I argue in Chapter 4 that the 2nd-dimension of law, being law as it exists between two points in time (i.e. when cases are adjudicated), is characterized by Pragmatism. I then turn, in Chapter 5, to argue that the 3rd-dimension of law, being law as it exists from the very first point in legal time to the ever changing present day, coalesces with the fundamental theses of Naturalism. Ultimately then, I argue that a theory of law as dimensions, through the vantage points of the specific elements of time, provides a more complete account of the nature of law. Legal Theory Jurisprudence Philosophy of Law Legal Positivism Positive Law Natural Law Pragmatism Inclusive Positivism Exclusive Positivism Interpretation Hart Dworkin Posner Finnis Fuller Gardner Shapiro Hume Elements of Time Dimensions Constitutional Law Morality Morals Separation Legal Reasoning Lawyers Law Necessary Connection Multiple Right Answer Best Choice Principle Practicality Judicial Adjudication Point in Time Audacity of Morality Law's True Ambition What is Law? Theoretical Physics Double Bind Multiple Bind First-Order Considerations Second-Order Considerations Penumbra Purity General Goal Incommensurable Legal System Wicked Legal System.
7	L'action en justice des parties prenantes dans le cadre de la Responsabilité Sociale de l'Entreprise / Stakeholders’ legal action concerning Corporate Social Responsibility Lopez, Laëtitia 04 November 2016 (has links) L’action en justice intentée en matière de Responsabilité Sociale de l’Entreprise révèle certaines limites lorsque les justiciables parties prenantes souhaitent protéger leurs intérêts. Par une juridicisation du droit de la RSE à mi-chemin entre la soft law et la hard law, l’action en justice des parties prenantes pourrait être véritablement efficiente. Dès lors, les mécanismes processuels traditionnels sont insuffisants lorsqu’il s’agit d’agir en justice dans ce domaine. C’est notamment à travers l’intérêt et la qualité à agir en justice des parties prenantes que des aménagements de la procédure civile vont être véritablement nécessaires. Des améliorations supplémentaires telles que l’instauration d’une action de groupe élargie au domaine de la RSE et davantage américanisée permettrait notamment aux parties prenantes d’assurer leur défense grâce à un dispositif nouveau très efficace. De plus et par la voie extrajudiciaire des modes alternatifs de règlement des litiges, les acteurs de la RSE peuvent également décider de porter le différend qui les oppose hors de la connaissance du juge étatique. Ce choix d’action peut être révélateur d’une préférence pour une justice davantage négociée. Ces propositions semblent être indispensables à la mise en œuvre d’une action en justice efficace en matière de RSE. Les parties prenantes pourront alors agir en justice de manière inédite afin de parachever leur protection. Les nécessités juridiques et sociales actuelles semblent ainsi faire évoluer le droit afin que les parties prenantes puissent bénéficier d’une action en justice considérée comme un véritable contre-pouvoir face à l’entreprise. / Legal actions brought to court concerning Corporate Social Responsability reveal certain limits when litigants’ stakeholders wish to protect their interests. The Corporate Social Responsability law falls between soft law and hard law. Going through CSR law’s judicalization could really make litigation of stakeholders efficient. Usual processual mechanisms are insufficient once an action has to be brought to court dealing with CSR. The civil procedure will need some changes, specifically relating to legal standing and stakeholder interest. Some added improvement would allow stakeholders to ensure their legal defence thanks to this new and efficient legal device. The setting up of a collective action including a CSR with more resemblance to the American one would represent one such improvement. Moreover, stakeholders can decide to settle the matter out-of-court with an extrajudicial approach, using alternative dispute resolution. This choice could amount to a more negotiated inflection of justice. These proposals seem to be necessary to settle an efficient legal action concerning CSR. In this way stakeholders will be able to litigate in a whole new way in order to consolidate their protection. Current legal and social needs seem to make the law evolve so that stakeholders benefit from a legal action which can be considered as a real countervailing power against a corporation. Action de groupe Action en justice Droit d'agir Intérêt à agir en justice Juridicisation du droit de la RSE Normes volontaires Parties prenantes Procédure civile Qualité à agir en justice Responsabilité Sociale de l'Entreprise Rse Collective action Legal action Legal action's conditions Legal standing Legal interest Csr law's judicialization Vonluntary standards Stakeholders Civil procedure Legal competency/active legitimation Corporate Social Responsibility 340
8	Selective legal aspects of bank demand guarantees Kelly-Louw, Michelle 31 October 2008 (has links) Bank demand guarantees have become an established part of international trade. Demand guarantees, standby letters of credit and commercial letters of credit are all treated as autonomous contracts whose operation will not be interfered with by courts on grounds immaterial to the guarantee or credit itself. The idea in the documentary credit transaction/demand guarantee transaction is that if the documents (where applicable) presented are in line with the terms of the credit/guarantee the bank has to pay, and if the documents do not correspond to the requirements, the bank must not pay. However, over the years a limited number of exceptions to the autonomy principle of demand guarantees and letters of credit have come to be acknowledged and accepted in practice. In certain circumstances, the autonomy of demand guarantees and letters of credit may be ignored by the bank and regard may be had to the terms and conditions of the underlying contract. The main exceptions concern fraud and illegality in the underlying contract. In this thesis a great deal of consideration has been given to fraud and illegality as possible grounds on which payment under demand guarantees and letters of credit have been attacked (and sometimes even prevented) in the English, American and South African courts. It will be shown that the prospect of success depends on the law applicable to the demand guarantee and letter of credit, and the approach a court in a specific jurisdiction takes. At present, South Africa has limited literature on demand guarantees, and the case law regarding the grounds upon which payment under a demand guarantee might be prevented is scarce and often non-existent. In South Africa one finds guidance by looking at similar South African case law dealing with commercial and standby letters of credit and applying these similar principles to demand guarantees. The courts, furthermore, find guidance by looking at how other jurisdictions, in particular the English courts, deal with these issues. Therefore, how the South African courts currently deal/should be dealing/probably will be dealing with the unfair and fraudulent calling of demand guarantees/letters of credit is discussed in this thesis. / Jurisprudence / LL.D Uniform Commercial Code (UCC) UCP 600 UCP 500 Standby letter of credit Preliminary injunction Performance guarantee Performance bond Mareva injunction Letter of credit Irrevocable letter of credit International Standby Practices (ISP98) International Chamber of Commerce (ICC) Interlocutory injunction Interdict Interim interdict Injunction Independent guarantee Independence principle Illegality in the underlying contract Illegality Freezing injunction Fraud Documentary credit Doctrine of strict compliance Demand guarantee Bank guarantee Autonomy principle Anti-dissipation interdict Against good morals or public policy 346.74 Suretyship and guaranty Letters of credit Fraud
9	Selective legal aspects of bank demand guarantees Kelly-Louw, Michelle 31 October 2008 (has links) Bank demand guarantees have become an established part of international trade. Demand guarantees, standby letters of credit and commercial letters of credit are all treated as autonomous contracts whose operation will not be interfered with by courts on grounds immaterial to the guarantee or credit itself. The idea in the documentary credit transaction/demand guarantee transaction is that if the documents (where applicable) presented are in line with the terms of the credit/guarantee the bank has to pay, and if the documents do not correspond to the requirements, the bank must not pay. However, over the years a limited number of exceptions to the autonomy principle of demand guarantees and letters of credit have come to be acknowledged and accepted in practice. In certain circumstances, the autonomy of demand guarantees and letters of credit may be ignored by the bank and regard may be had to the terms and conditions of the underlying contract. The main exceptions concern fraud and illegality in the underlying contract. In this thesis a great deal of consideration has been given to fraud and illegality as possible grounds on which payment under demand guarantees and letters of credit have been attacked (and sometimes even prevented) in the English, American and South African courts. It will be shown that the prospect of success depends on the law applicable to the demand guarantee and letter of credit, and the approach a court in a specific jurisdiction takes. At present, South Africa has limited literature on demand guarantees, and the case law regarding the grounds upon which payment under a demand guarantee might be prevented is scarce and often non-existent. In South Africa one finds guidance by looking at similar South African case law dealing with commercial and standby letters of credit and applying these similar principles to demand guarantees. The courts, furthermore, find guidance by looking at how other jurisdictions, in particular the English courts, deal with these issues. Therefore, how the South African courts currently deal/should be dealing/probably will be dealing with the unfair and fraudulent calling of demand guarantees/letters of credit is discussed in this thesis. / Jurisprudence / LL.D Uniform Commercial Code (UCC) UCP 600 UCP 500 Standby letter of credit Preliminary injunction Performance guarantee Performance bond Mareva injunction Letter of credit Irrevocable letter of credit International Standby Practices (ISP98) International Chamber of Commerce (ICC) Interlocutory injunction Interdict Interim interdict Injunction Independent guarantee Independence principle Illegality in the underlying contract Illegality Freezing injunction Fraud Documentary credit Doctrine of strict compliance Demand guarantee Bank guarantee Autonomy principle Anti-dissipation interdict Against good morals or public policy 346.74 Suretyship and guaranty Letters of credit Fraud

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