This thesis adopts the methodology of systems theory to examine the limits of anti-discrimination law. The sociology of Niklas Luhmann, alongside extensions provided by Michel Foucault and Gilles Deleuze, is applied to construct a versatile re-description of anti-discrimination law. This is an innovative approach because it articulates the social basis for discrimination alongside a legal picture of anti-discrimination within the same theoretical framework. By considering each side of this discrimination/anti-discrimination equation the capacity of law to address discrimination is put into question. The difficulty of providing a philosophically sound explanation for discrimination involves a legitimate academic question, but it also indicates its limitation. This thesis argues that this difficultly reflects a genuine divergence between the social meaning of discrimination and the ability of moral philosophy to comprehend this phenomenon. Racism is analyzed as a confluence of moral, artistic, and mass mediated communications; it is communicated through inconsistency and complex repetition. This confluence is described by tracing societal differentiations and self-descriptions, as developed by Luhmann, with an emphasis on the history of manners as a precursor to modern racism. The legal picture of anti-discrimination presented here is divided into argumentation and decision. Firstly, the description of direct and indirect discrimination in terms of justice is questioned through an examination of argumentative limits, with legal liability being re-interpreted in the light of how concepts and interests inform argumentation. Secondly, the validity of a decision is analyzed as a separate problem for anti-discrimination law. The jurisprudence of the positivist Joseph Raz is criticized from the perspective of a Luhmannian theorization of law as symbolically valid decisions. This thesis constructs an explanatory framework that redraws the limitations of anti-discrimination law by revealing [1] how racism is a protean social phenomenon, and [2] that separation of the legal understanding of anti-discrimination law into discrete streams exposes the concrete limitations available for engaging issues of justiciability.

<p>There are many real models in which unbounded solution to conservation law system occur. Most often we have some kind of delta function in the solution as a result of the accumulation of mass or some other variable. There is no general method of approaching<br />such problems with nonlinearities. This dissertation provides solutions to conservation law systems that contain division by a dependent variable, which is a problematic part when working with measures. For example, a basic model of chromatography and similar chemical processes has a division with a variable that is unbounded in some cases. The denition of the split delta shock and the general method of using it in such systems is given. Finally, the solution for the singular chromatography model is given.<br />&nbsp;</p> / <p>Postoji mnogo realnih modela u kojima se javljaju neoranicena resenja zakona odrzanja. Najcesce imamo neku vrstu delta funkcije u resenju kao posledicu nagomilavanja mase ili neke druge velicine. Ne postoji opsti metod prilaza takvim problemima sa nelinearnostima. U ovoj disertaciji su data resenja problema zakona odrzanja koja sadrze delenje zavisnom promenljivom, sto je problematican deo kod rada sa merama. Na primer, osnovni model hromatograje i slicnih hemijskih procesa ima delenje promenljivom koja je neogranicena u nekim slucajevima. Data je denicija inverza delenjog delta udarnog talasa i opsti metod primene u takvim sistemima. Na kraju je dato resenje kod modela singularne hromatograje.<br />&nbsp;</p>

京都大学 / 新制・課程博士 / 博士(情報学) / 甲第24740号 / 情博第828号 / 新制||情||139(附属図書館) / 京都大学大学院情報学研究科数理工学専攻 / (主査)教授 梅野 健, 教授 山下 信雄, 准教授 加嶋 健司 / 学位規則第4条第1項該当 / Doctor of Informatics / Kyoto University / DFAM

This thesis analyses minority shareholder protection in common law and civil law systems. Principally, this is done by examining closely-held corporations created under Canadian, Ukrainian and German laws. It examines minority shareholder protection by critically analyzing voting and related rights, the right to information; withdrawal from the company, expulsion right, the dissolution of a company, derivative action and direct action. The thesis also summarizes problems in the civil law system that cannot be solved in favor of minority shareholders. In addition to the above-mentioned, it provides possible solutions to the problems of minority shareholder protection in the civil law system, that is, methods by which to increase protection for minority shareholders against the majority and/or directors. Specifically, it focuses on cumulative voting, common law director’s duties, derivative action and the oppression remedy. Moreover, this thesis analyzes the possibility of incorporating some institutions into civil law legislation and considers obstacles to implementing them.