381 |
Performance under pressure: the impact of coercive authority upon consent to treatment for sex offendersRigg, Jeremy 05 1900 (has links)
This thesis is concerned with the correctional treatment process for sex offenders, and the
problems that criminal justice system authority poses for treatment settings. A particular
focus is whether inmate participation in treatment programs is voluntary or coerced, given
the link between programs and prospects of release.
In examining this question, the author considers the results of an empirical project in
which a group of inmates were interviewed about their perceptions of the correctional
treatment process. Background to this project includes discussion of the doctrine of
informed consent and respect for autonomy as its underlying rationale; discussion of the
concepts of coercion and voluntariness; and examination of the development of
rehabilitative ideals. A conclusion drawn from the discussion is that the presence of
coercive authority may impact adversely upon correctional treatment efforts. Coercive
authority creates difficulties in relation to the voluntariness of inmates' consent, the
confidentiality of the treatment relationship, and the professional autonomy of the
clinician. These problems in turn raise questions as to whether correctional programs
retain the character of treatment, or are more properly considered as part of punishment,
or as tools of social control. However, coercive authority is a necessary presence if
correctional services are to work towards the goal of protection of society.
The central question to be addressed therefore is whether the prospects of release can be
used to motivate inmates for treatment in a way that is consistent with the requirement of
voluntary consent to treatment. The results of the empirical project suggest that for the
majority of inmates, the link between treatment and release is not coercive. However, a
number of inmates did indicate they felt coerced into treatment programs. Reforms may
thus be necessary to avoid coercive authority resulting in coerced treatment. In discussing
these results, the author considers a number of directions for reform, including the
introduction of an operational presumption of coerced referrals to treatment, which would
place greater emphasis on clinicians' obligations to secure voluntary consent.
|
382 |
Toward a reconceptualization of battered women : appealing to partial agencyPanet-Raymond, Louise January 2003 (has links)
Despite growing awareness of the severity of domestic violence, the lives of battered women are too often misconstrued by the Canadian public and the judicial system. The author argues that stereotypes of victimized battered women emanating from the courts and feminist theory may both prevent women who kill their partner from making valid claims of self-defence and generally undermine women's fight against oppression. The author reviews the doctrine of the battered woman syndrome and its application in the context of self-defence to illustrate how the courts' treatment of the doctrine conveys a narrow and incomplete depiction of battered women. An alternative theoretical framework based on battered women's partial agency is proposed as a means to address feminist theory's simplified representation of battered women. Various law and policy reform initiatives in the criminal justice system are explored to assess how the law may validate and promote battered women's partial agency.
|
383 |
"This is not a peace pipe" : towards an understanding of aboriginal sovereigntyTurner, Dale A. (Dale Antony), 1960- January 1997 (has links)
This dissertation attempts to show that Aboriginal peoples' ways of thinking have not been recognized by early colonial European political thinkers. I begin with an examination of Kymlicka's political theory of minority rights and show that, although Kymlicka is a strong advocate of the right of Aboriginal self-government in Canada, he fails to consider Aboriginal ways of thinking within his own political system. From an Aboriginal perspective this is not surprising. However, I claim that Kymlicka opens the conceptual space for the inclusion of Aboriginal voices. The notion of "incorporation" means that Aboriginal peoples became included in the Canadian state and in this process their Aboriginal sovereignty was extinguished. Aboriginal peoples question the legitimacy of such a claim. A consequence of the Canadian government unilaterally asserting its sovereignty over Aboriginal peoples is that Aboriginal ways of thinking are not recognized as valuable within the legal and political discourse of sovereignty. In chapters two through five, respectively, I examine the Valladolid debate of 1550 between the Spanish monk Bartolome de Las Casas and Juan Sepulveda, The Great Law of Peace of the Iroquois Confederacy, Thomas Hobbes's distinction between the state of nature and a civil society, and Alexis de Tocqueville's account of democracy in America. Each of the examples, except for The Great Law of Peace, generate a philosophical dialogue that includes judgments about Aboriginal peoples. However, none of these European thinkers considers the possibility that Aboriginal voices could play a valuable role in shaping their political thought. To show the value of an Aboriginal exemplar of political thinking I consider the Iroquois Great Law of Peace. The Iroquois view of political sovereignty respects the diversity of voices found within a political relationship. This was put into practice and enforced in early colonial northeast America until the power dynamic shifted betwe
|
384 |
Divorce in matrilineal customary law marriage in Malawi: a comparative analysis with the patrilineal customary law marriage in South Africa.Mwambene, Lea January 2005 (has links)
This research aimed to undertake an investigation into the question of whether after divorce, in the matrilineal customary law marriage in Malawi, women's rights are severely violated. The study showed causes of divorce, how proceedings are done, how issues of property are handled, how the issue of custody of children and maintenance are also handled. All this was weighed against the constitutional provisions and international law.
|
385 |
A legal analysis of the appointment of caretakers to act as council in terms of Zimbabweâs section 80 of the Urban councils ActMachingauta, Naison January 2009 (has links)
<p>The monitoring and supervision of local government is usually done by central governments. However in some countries like South Africa where there three spheres of government the provincial executive is charged with the supervision of the local sphere of government. In Zimbabwe the monitoring and supervision of local government is done by the central government through the relevant Minister. This study will look at the appointment of a caretaker to act as council in terms of section 80 of the UCA. Although a similar provision exists in section 158 of the RDCA, it is section 80 that has been vigorously applied by the Minister in recent times and which has caused an outcry from urban local authorities.</p>
|
386 |
Assessing learning needs of KwaZulu-Natal para-legals for managing HIV/AIDS.Sithole, Sandile Nhlanhla. January 2004 (has links)
The Constitution of South Africa outlines the way in which the country should be run and lays down different levels of government and their powers. Most importantly it sets out a list of human rights in the Bill of Rights. These rights belong equally to all individuals. Stigmatization and discrimination of people on the basis of their HIV status is a violation of their basic human rights. In South Africa a person can have his or her rights upheld in court if they are violated or threatened by an individual or institution (whether the state, private company or any other organization). Enforcing the rights of people living with HIV/AIDS and/or their families, as well as countering and redressing discriminatory action, is a matter of accessing existing procedural, institutional or other resources that comprise the societal gains of democracy. However, the biggest challenge currently has to do with ordinary people's lack of awareness about their rights, and this pertains particularly to those millions of South Africans living with HIV/AIDS. This study sets out to examine the knowledge levels of para-legals currently advocating for the rights of people living with HIV/AIDS and/or their families in KwaZulu Natal. With an infection rate estimated to be in the region of 36% of the adult population, it is essential that providers of legal advise and advocacy in this province have sound grasp of HIV/AIDS issues. It should be noted that this study attempts to move beyond a documentation of knowledge by exploring what such para-legals perceive their actual needs for more effective management of HIV/AIDS to be. The study seeks to make recommendations towards a better and more relevant training of para-legals, one that is needs-driven and more attuned to the context and lived realities of the people whom they seek to serve. / Thesis (M.Dev.Studies)-University of Natal, Durban, 2004.
|
387 |
Gender reassignment surgery : medical issues and legal consequences.Dhai, A. January 2000 (has links)
Gender reassignment procedures are performed for the treatment of the gender dysphoria syndrome (transsexualism). Although this modality of treatment is therapeutic in nature and therefore not contra bonos mores, the legal status of the post-operative transsexual remains that of his/her previous sex. The purpose of the gender reassignment procedures is that of acceptance within the community as a person of the sex indicated by his/her changed appearance. Nothing will be achieved by the successful completion of treatment if the person's changed sexual appearance is not recognised by the law as a change in sexual status as well. The law, by keeping aloof of the problem of the post-operative transsexual, has created a legal "vacuum" where there is social and judicial acceptance of reassignment procedures, but a refusal to give legal effect to the change in status that the transsexual obsessively desires and the operation simulates. This work will analyse the medical issues associated with gender reassignment procedures. The legal status of the transsexual after reassignment procedures will be explored, and in doing so, the human rights violations with which such people have to contend, will be highlighted. The constitutionality of the lack of a legal recognition of the post-operative transsexual's sexual status will be examined. It will be shown that there are compelling reasons for legislation to be introduced as a matter of urgency to safeguard the fundamental rights of the post-operative transsexual. / Thesis (LL.M.)-University of Natal, 2000.
|
388 |
An analysis of patients' awareness and attitude concerning end of life issues.Khanyile, Bathini Purity. January 2002 (has links)
This study was conducted using a qualitative descriptive approach. It was based on an
analysis that was done to determine awareness and attitude of patients in end of life
issues. The semi-structured interviews were conducted for data collection. A sample of
ten patients, five inpatient and five outpatient, was purposively chosen. Permission was
obtained from the hospital superintendent and heads of departments, and also consent
from patients, for the study.
Data was analyzed, using the NVIVO program, a computer software, for data coding, and
a conceptual model for categorization. From the findings, the researcher concluded that
poor communication causes lack of knowledge in patients, which in turn limits the
capacity for decision making in patients. The researcher also noted that participants were
not aware of their autonomy in decision-making. / Thesis (M.Cur.)-University of Natal, Durban, 2002.
|
389 |
Art as my kabeshinan of indigenous peoplesBluesky, Kinwa Kaponicin 25 January 2010 (has links)
In my thesis, I argue that art is one way Indigenous peoples keep our laws alive in the world. The purpose of my thesis is to show the underlying connections between the role of the artist and the practice of art and the laws by which we seek to live. I draw on contemporary Indigenous art to illustrate some of those roles and responsibilities. As we share our art, our knowledge between Indigenous peoples, we are strengthening our peoples to resist the powerful effects of colonialism. At the same time we are communicating powerful law by building opportunities for future generations to live together in peace, friendship and respect.
|
390 |
Globalization, law and indigenous transnational activism: the possibilities and limitations of indigenous advocacy at the WTOSankey, Jennifer 03 February 2010 (has links)
This thesis argues that globalization is creating increased need and opportunities for Indigenous rights advocacy/participation within emerging institutions of global governance and analyzes the possibilities and limitations of Indigenous advocacy at the WTO, drawing on the experiences of First Nations from the Interior of British Columbia.
It begins by examining how governance is shifting in the context of globalization, pointing to the emergence of an integrated global economy, the rise of supranational regulatory regimes such as the WTO, and the increased power and significance of non-state actors.within the global political-legal arena. It then analyzes how globalization is affecting Indigenous peoples and moreover, how Indigenous peoples have been responding to this through transnational advocacy efforts. The author argues that given the shifting nature of governance, and the growing significance of intergovernmental organizations (i.e. the WTO), it is prudent for Indigenous rights advocates to expand the parameters of their advocacy - to seek out non-traditional spaces at both local and global levels to assert Indigenous voices where they have traditionally been rendered absent.
Adopting Boaventura de Sousa Santos' subaltern cosmopolitan legality perspective, the author then turns to examine how First Nations from the Interior of BC have used a multiplicity of legal techniques and strategies across a "plural legal landscape" to simultaneously assert their Indigenous rights over their forest resources and to challenge the dominant neoliberaI conception of economy. The author examines the political and legal mobilization of BC Interior First Nations from local acts of resistance against BC government forest policies to global acts of resistance vis a vis the submission of amicus curiae briefs to the WTO in the Canada-United States Softwood Lumber Dispute. In analyzing this struggle the author illustrates how globalization has created the need and opportunity for BC First Nations to locate new directions of advocacy, and how they have reinvented law to fit their objectives and enable their access to traditionally "closed" political-legal arenas.
Upon conducting an examination of the BC Interior First Nations' experiences, the author then critically evaluates the possibilities and limitations of Indigenous advocacy at the WTO. The author finds that while amicus curiae submissions provide some possibility to strengthen Indigenous rights by raising awareness about the linkages between international trade and Indigenous rights within the international trade arena, there are significant limitations that must be considered in pursuing such advocacy. The author concludes with recommendations concerning how Indigenous rights advocacy may be approached in the context of shifting governance relations.
|
Page generated in 0.072 seconds