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The Constitution of the Republic of South Africa6 (hereinafter the Constitution) gives everyone the right to fair labour practices.7 The Labour Relations Act8 (hereinafter the LRA) regulates the relationship between employers and employees as well as the relationship between employers and trade unions. These labour relations are quite extensively regulated by statutory measures. The same can unfortunately not be said about the relationship between a trade union and its members. Because a trade union is a legal entity, a trade union is controlled and managed by certain functionaries like any body corporate. The management structures of the trade union are defined in the trade union’s constitution. A trade union can not perform any legal functions which are not provided for in the trade union’s constitution. 9 The trade union’s constitution states the nature of the relationship between the union and its members.10 Workers join trade unions in order to protect themselves and their rights in the workplace. An expectation is therefore cultivated by the members that the trade union, through its representative power and mandate to act on behalf of the members, will do so in the best interest of the members. The disruption of the relationship can have negative implications for the trade union. In this study, relevant case law will be sited to explain the contents of the legal responsibility of a trade union to its members. The specific focus of the study is the legal responsibility of a trade union if its members would suffer pecuniary loss or harm as a result of the trade union’s actions. The purpose of this study is to discuss the regulation of the relationship between a trade union and its members in South Africa and to find a solution for the fragmented regulation or non-regulation thereof. The authority that a member grants to a trade union, mostly in the form of a contract, involves the expression of the will of the members that the trade union has the necessary power to perform judicial acts on its behalf. The discussion is limited to the actual authorization originated by a contract of mandate between a trade union and its members. In terms of the common law’s contract of mandate a representative is obliged to perform his orders with care and diligence, convey information, to act in good faith and to account for his actions. There are no statutory measures that regulate the nature of the legal relationship between a trade union and its members provided for in the trade union’s constitution. This study discusses the regulatory challenges that the regulation of the relationship between a trade union and its members in South Africa are facing, and some recommendations are made with regards to the possible application of existing legislation and the common law contract of mandate. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2014

O Conselho de Saúde foi instituído com o objetivo de promover a participação social nas políticas de saúde pública, estabelecendo um mecanismo robusto e permanente de fiscalização e de tomada de decisões, em que o Controle Social foi firmemente integrado à gestão pública. O Controle Social sempre foi um instrumento jurídico, podendo ser exercido por qualquer cidadão, mediante ação popular, ou por instituições, por meio da ação civil pública. Contudo, antes da instituição do Conselho de Saúde, esses instrumentos jurídicos eram apenas uma possibilidade, não constituindo um mecanismo de caráter permanente. Com o estabelecimento dos Conselhos de Saúde como órgão deliberativo e permanente, o Controle Social deixa de ser apenas um direito, tornando-se um órgão público obrigatório na administração da saúde pública. Dentre suas atribuições está a responsabilidade de conhecer, analisar, julgar, cobrar e divulgar as ações do poder executivo em sua esfera de atuação. Esse estudo tem por objetivo analisar a percepção dos membros do Conselho de Saúde quanto às atribuições e prerrogativas no desempenho de suas funções como agente público. Como método de estudo foi realizada uma revisão bibliográfica referente ao tema, em conjunto com estudo transversal, descritivo e qualitativo, baseado na análise do discurso dos sujeitos, realizado por meio de pesquisa com roteiro semiestruturado. Observou-se a falta de percepção do conselheiro quanto a sua atuação como agente público, sujeito a suas prerrogativas e regulamentações. As funções do Conselho de Saúde são complexas, pois incluem a responsabilidade de conhecer, analisar, julgar, cobrar e divulgar os programas de saúde, o que impõe a necessidade de uma qualificação técnica e uma estrutura adequada. Ainda que tal circunstância não exima os membros do Conselho de Saúde da responsabilidade de cumprir a legislação pertinente, assim como a aplicação de critérios técnicos no desempenho de suas funções, no presente estudo observou-se que existe uma percepção por parte dos conselheiros quanto ao despreparo e a falta de qualificação, principalmente em relação à legislação e a estrutura do SUS, o que dificulta o desempenho de suas atividades de Controle Social. / The Health Council was instituted with the purpose of promoting the social participation in the public health policies establishing a robust and permanent inspection and decision making mechanism in which the social control has been strongly integrated to the public management. The social control has always been a legal instrument that any citizen can apply through citizens lawsuits or through institutions using the public civil lawsuits. However, before the institution of the Health Council these legal instruments were just a possibility not constituting a permanent mechanism. With the institution of the Health Councils as deliberative and permanent organs the social control is no longer just a right but becomes a public organ that has to mandatorily be in the management of the public health. Among its attributions is the responsibility to know, analyze, judge, demand and promote the actions from the executive power in its acting sphere. This study has as a goal to analyze the perception of the Health Council members regarding the attributions and prerogatives in the performance of its functions as a public agent. As a study method, a bibliographic review was performed on the theme along with transversal study, descriptive and qualitative, based in the collective subject discourse as observed through recorded interviews with members from the City of Bauru Health Council.

O Conselho de Saúde foi instituído com o objetivo de promover a participação social nas políticas de saúde pública, estabelecendo um mecanismo robusto e permanente de fiscalização e de tomada de decisões, em que o Controle Social foi firmemente integrado à gestão pública. O Controle Social sempre foi um instrumento jurídico, podendo ser exercido por qualquer cidadão, mediante ação popular, ou por instituições, por meio da ação civil pública. Contudo, antes da instituição do Conselho de Saúde, esses instrumentos jurídicos eram apenas uma possibilidade, não constituindo um mecanismo de caráter permanente. Com o estabelecimento dos Conselhos de Saúde como órgão deliberativo e permanente, o Controle Social deixa de ser apenas um direito, tornando-se um órgão público obrigatório na administração da saúde pública. Dentre suas atribuições está a responsabilidade de conhecer, analisar, julgar, cobrar e divulgar as ações do poder executivo em sua esfera de atuação. Esse estudo tem por objetivo analisar a percepção dos membros do Conselho de Saúde quanto às atribuições e prerrogativas no desempenho de suas funções como agente público. Como método de estudo foi realizada uma revisão bibliográfica referente ao tema, em conjunto com estudo transversal, descritivo e qualitativo, baseado na análise do discurso dos sujeitos, realizado por meio de pesquisa com roteiro semiestruturado. Observou-se a falta de percepção do conselheiro quanto a sua atuação como agente público, sujeito a suas prerrogativas e regulamentações. As funções do Conselho de Saúde são complexas, pois incluem a responsabilidade de conhecer, analisar, julgar, cobrar e divulgar os programas de saúde, o que impõe a necessidade de uma qualificação técnica e uma estrutura adequada. Ainda que tal circunstância não exima os membros do Conselho de Saúde da responsabilidade de cumprir a legislação pertinente, assim como a aplicação de critérios técnicos no desempenho de suas funções, no presente estudo observou-se que existe uma percepção por parte dos conselheiros quanto ao despreparo e a falta de qualificação, principalmente em relação à legislação e a estrutura do SUS, o que dificulta o desempenho de suas atividades de Controle Social. / The Health Council was instituted with the purpose of promoting the social participation in the public health policies establishing a robust and permanent inspection and decision making mechanism in which the social control has been strongly integrated to the public management. The social control has always been a legal instrument that any citizen can apply through citizens lawsuits or through institutions using the public civil lawsuits. However, before the institution of the Health Council these legal instruments were just a possibility not constituting a permanent mechanism. With the institution of the Health Councils as deliberative and permanent organs the social control is no longer just a right but becomes a public organ that has to mandatorily be in the management of the public health. Among its attributions is the responsibility to know, analyze, judge, demand and promote the actions from the executive power in its acting sphere. This study has as a goal to analyze the perception of the Health Council members regarding the attributions and prerogatives in the performance of its functions as a public agent. As a study method, a bibliographic review was performed on the theme along with transversal study, descriptive and qualitative, based in the collective subject discourse as observed through recorded interviews with members from the City of Bauru Health Council.

A Corporate Social Responsibility Study in Kaohsiung City's Financial Institutions Abstract The heightened competition and reducing profit-margin in the banking industry have forced banks to change for facing the struggle environment. In addition, many deceptive crime and practices happened recently are all related to the banking system, such as cheating ATM events and disclosure customers¡¦ personal information inappropriately. Under the kind of situation, how to restore customers¡¦ trust to banks has become the priority issue in the banking industry now. Therefore, the theme of social responsibility has come back to the table and attract intensive interests from both the academics and industry. This research conducted an empirical study through a qualitative approach. The purpose of this study is trying to explore the framework on the corporate social responsibility for the financial institution. By in-depth interviewing 17 executives in the financial institutions and based on previous researches, this study concluded four categories of corporate social responsibility for financial companies. 1. Economic Responsibility: Good quality products, appeal channel for customers, business sales performance. 2. Legal Responsibility: Support the related laws and legislations for protecting environment. 3. Ethical Responsibility: Well system of employee training, support technology development, community citizenship, and the concept of respecting employees. 4. Discretionary Responsibility: Charity, helping the minority group, improving social problems, and corporate vision. Overall, companies have accepted and taken some actions on both responsibilities, Economic and Legal. In addition, there are two constructs in the category of Ethical responsibility, employee training and respect employee, improved from the level of ¡§acceptance¡¨ to ¡§action¡¨. In addition, the other two constructs in the category of Ethical responsibility, support technology development and community citizenship, have been accepted by the executives but can¡¦t achieve the level of ¡§action¡¨ as some related limited regulations. Finally, the construct of Discretionary responsibility has not been taken any action by these interviewed companies.

Magistro baigiamajame darbe „Teisinės atsakomybės problemos azartinių lošimų teisiniame reguliavime“ yra nagrinėjama teisinė atsakomybė apskritai, identifikuojamos pagrindinės teisinės atsakomybės azartinių lošimų teisiniame reguliavime problemos, jos nagrinėjamos teisės aktų ir teisminių precedentų kontekste. Verslas, paslauga, pramoga, liga, nuodėmė – tai asociacijos, kurias sukelia žodžių junginys „azartiniai lošimai“. Ilgą laiką drausti, bet nelegaliai organizuoti, galiausiai Lietuvoje buvo legalizuoti ir teisiškai reglamentuoti nuo 2001 m. liepos 1 d. Įsteigtos lošimus organizuojančios bendrovės, priimtas lošėjus aptarnaujantis personalas, atidarytos lošimų vietos, teikiama paslauga – visa tai turi vykti pagal teisės aktuose nustatytą tvarką. Kur yra nustatyta tvarka, neišvengiamai atsiranda tos tvarkos pažeidimai, o tai savo ruožtu reiškia teisinę atsakomybę pažeidėjams. Teisinė atsakomybė yra neigiama valstybės reakcija į neteisėtą elgesį. Tokia valstybės reakcija sukelia teisės aktais nustatytas neigiamas pasekmes teisės pažeidėjui. Atsižvelgiant į teisės normas, kurios nustato atsakomybės taikymą, teisinė atsakomybė skirstoma į rūšis: baudžiamąją, civilinę, administracinę, drausminę ir materialinę. Azartinių lošimų organizavimo santykiuose, pažeidus teisės aktų reikalavimus, galimos visos teisinės atsakomybės rūšys, o tam tikrais atvejais viena neteisėta veika pažeidėjui gali užtraukti kelias atsakomybės rūšis vienu metu. / In the final Masterwork “Problems of legal responsibility in the legal regulation of gaming” legal responsibility in general will be analysed, main problems of the legal responsibility in legal regulation of gaming will be identified. They are researched in the context of legal acts and judicial precedents. Business, service, entertainment, disease, sin – these definitions are associated with the word “gaming”. For long time prohibited but organised illegal gaming was legalized and is legal regulated since 1 July 2001 in Lithuania. Gaming companies were established, players service staff was engaged, gaming locations were opened, service is provided. And all this shall be organized following the established order and requirements. Where is an order established, violations of this order are unavoidable, and it means legal responsibility for offender. Legal responsibility is negative response of the state to illegal behaviour. Such response of the state causes for the offender negative consequences established by legal acts. Considering legal rules, establishing application of responsibility, legal responsibility can be sorted into: criminal responsibility, civil responsibility, administrative responsibility, disciplinary responsibility and pecuniary responsibility. By violation of legal acts in gaming operation relationship all kinds of legal responsibility are possible. One unlawful act can carry several kinds of responsibility at one time for the offender in some cases. ... [to full text]

The Constitution of the Republic of South Africa6 (hereinafter the Constitution) gives everyone the right to fair labour practices.7 The Labour Relations Act8 (hereinafter the LRA) regulates the relationship between employers and employees as well as the relationship between employers and trade unions. These labour relations are quite extensively regulated by statutory measures. The same can unfortunately not be said about the relationship between a trade union and its members. Because a trade union is a legal entity, a trade union is controlled and managed by certain functionaries like any body corporate. The management structures of the trade union are defined in the trade union’s constitution. A trade union can not perform any legal functions which are not provided for in the trade union’s constitution. 9 The trade union’s constitution states the nature of the relationship between the union and its members.10 Workers join trade unions in order to protect themselves and their rights in the workplace. An expectation is therefore cultivated by the members that the trade union, through its representative power and mandate to act on behalf of the members, will do so in the best interest of the members. The disruption of the relationship can have negative implications for the trade union. In this study, relevant case law will be sited to explain the contents of the legal responsibility of a trade union to its members. The specific focus of the study is the legal responsibility of a trade union if its members would suffer pecuniary loss or harm as a result of the trade union’s actions. The purpose of this study is to discuss the regulation of the relationship between a trade union and its members in South Africa and to find a solution for the fragmented regulation or non-regulation thereof. The authority that a member grants to a trade union, mostly in the form of a contract, involves the expression of the will of the members that the trade union has the necessary power to perform judicial acts on its behalf. The discussion is limited to the actual authorization originated by a contract of mandate between a trade union and its members. In terms of the common law’s contract of mandate a representative is obliged to perform his orders with care and diligence, convey information, to act in good faith and to account for his actions. There are no statutory measures that regulate the nature of the legal relationship between a trade union and its members provided for in the trade union’s constitution. This study discusses the regulatory challenges that the regulation of the relationship between a trade union and its members in South Africa are facing, and some recommendations are made with regards to the possible application of existing legislation and the common law contract of mandate. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2014

The body of a person, assumption of bodily inviolability is the inherent matter acknowledged all over the world. Therefore each person has an inherent right to decide on any actions related to its body.By giving consent a person exercised his right to decided on any effect on his body. The problems caused by the inappropriate way of giving consent show the gaps of the legal acts, the problems of their implementation, possibilities of their improvement, etc.The cases when the person's right to inviolability and integrity of the person is violated presuppose the discussion on the issue of legal responsibility. In order to exercise one’s right to protection of the infringed right, it is necessary to know the institution where one should apply. It is necessary to emphasize that not only the court may guarantee the appropriate protection of the right. The main pre-trial institutions, which examine the complaints concerning the damage caused by the infringement of right to inviolability and integrity of the person, are the Commission and the Inspectorate.Thus, the protection of the right to inviolability and integrity of the person is not only the application to any institution for indemnification. This is a certain process, which starts from the meaning of the concept of this right. The content of this right sets the limits, which may not be outreached by the other person.

abstract: This dissertation engages with the philosophical, psychological, and scientific literature on two important topics: empathy and human enhancement. My two broad goals are to clarify the role of empathy in ascriptions of responsibility and to consider how enhanced empathy might alter those ascriptions. First, I argue that empathy is best thought of as a two-component process. The first component is what I call the rational component of empathy (RCE). RCE is necessary for moral responsibility as it allows us to put ourselves in another's shoes and to realize that we would want help (or not to be harmed) if we were in the other's place. The second component is what I call the emotive component of empathy (ECE). ECE is usually an automatic response to witnessing others in distress. Expanding on Michael Slote's view that moral distinctions track degrees of empathy, I argue that it is ECE that varies in strength depending on our relationship to specific people. Second, I argue that in order to achieve Peter Singer's goal an "expanding circle" of care for all human beings, it will be necessary to use some form of artificial empathy enhancement. Within this context, I try to show that empathy enhancement is 1) a reasonably foreseeable possibility within the next decade or so, and 2) morally defensible. Third, I argue that philosophers who argue that psychopaths are not morally responsible for their actions are mistaken. As I see it, these philosophers have erred in treating empathy as a singular concept and concluding that because psychopaths lack empathy they cannot be held morally responsible for their actions. The distinction between RCE and ECE allows us to say that psychopaths lack one component of empathy, ECE, but are still responsible for their actions because they clearly have a functional RCE. Fourth, I paint a portrait of the landscape of responsibility with respect to the enhanced empath. I argue that the enhanced empath would be subject to an expanded sphere of special obligations such that acts that were previously supererogatory become, prima facie, morally obligatory. / Dissertation/Thesis / Doctoral Dissertation Philosophy 2016

Summary: The main goal of the thesis is to compare the legal basis of compensation for corporal damages and compensated types of damages linked to corporal damages in the Czech and French legal systems. It aims not only to evaluate the benefits of each of the systems for victims but thereof to evaluate the ability of each system to counterbalance on the one hand the opportunity of the judge to consider the circumstances of each individual case and the sums therefore awarded, on the other hand the predictability of decisions for victims, without the excessive formality of the decision. At the end I consider the French legal institutions linked to this issue that could be the source of inspiration for the Czech legal practice. In the first chapter, I compare the theoretical basis of legal responsibility in both chosen legal systems and its influence on legal practices of compensation for corporal damages. These theoretical differences have essential consequences for practices of compensation for corporal damages in both legal systems. An example of this fact are different requirements for proving the causation link or the different role of application of the liability because of things that have essential consequences to victims' status in a case of disputes over compensation for corporal damages. The aim of...