This PhD project by publication begins to explore how Scottish adult support and protection (ASP) policy and practice carves out its role and remit. It examines the ways that concepts like “abuse”, “vulnerability” and “protection” have been constructed, both by individual practitioners and at a policy level. The submission comprises five papers published in peer-reviewed journals and this contextualising document, which knits together the work and draws out overall conclusions and implications. The papers themselves report on a literature review, a further analysis of case study research into ASP practice and a critical policy comparison. The case study research was conducted immediately prior to legislative changes in Scotland with respect to ASP, and the policy comparison was conducted subsequently to these changes. Overall, the findings highlight the ways that a social constructionist approach can usefully deepen our understandings of ASP. That is, they show how understanding concepts like “protection”, “vulnerability” and “abuse” to be actively constructed in unique and complex contexts can promote criticality in policy-making, practice and research.

One of the main themes of South African history is the modification of African tribal life and institutions by the impact of the white society. Both British officials and settlers played a part in this process, but with very different motives and effect. The British, anxious above all else to save defence expenditure, were not prepared to risk provoking a war and had very little incentive to invest large sums in the administration of tne tribes. Settlers, on the other hand, had a vested interest in manipulating tribal society for their own ends: not only did their personal security rely upon quiescent tribesmen, but so did the economic development of the colony, dependent as it was on trade and labour. in addition, the settlers lived, at least along the eastern border, in close contact with the tribes, and were therefore more conscious than officials of those aspects of tribal life which offended Victorian Christianity's ideas of decency and morality. Tribal society was regulated by tribal law under the control of the chiefs; in order to attack aspects of the society, alterations had to be enforced in tribal law. As a result, once the grant of Responsible Government in 1872 gave the settlers control of their own internal affairs, Cape policy on tribal law becomes of particular Interest as a study of how a colonial society attempted to impose often unwelcome changes on an indigenous people, and with what results for both societies. As the problem presented by the African tribes bulked so large in the settler view, there is very little documentation available on the position of the few Khoi and San still living in tribal units, and they have not been included in this study.

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Society's attitudes toward criminal offenders changed dramatically over the nineteenth century. By the early twentieth century the system of handling offenders in Montreal was highly institutionalized and based on sex- and age-specific treatment involving the Catholic Church, civic and legal authorities, and Protestant reform organizations. / A thematic study of the relationship of female offenders, concerned organizations, and the criminal justice system at the height of industrial capitalism shows that as the economy expanded and the city grew, there were increasing opportunities for women to break the law. Women's crimes were largely determined by their socio-economic status in Canadian society, often crimes of poverty and survival. The growing potential to commit crime was met with a more organized and institutionalized response and the definition of what was considered wayward female behaviour broadened. The growth of the state over the latter part of the nineteenth century in the form of new and expanded juridical and penal structures resulted in an increase in disciplining the population. For women this meant the use of laws and institutions to punish inappropriate social and sexual behaviour. / This thesis explores the gender-specific treatment of female offenders in the new institutions created ostensibly to rescue them: Fullum Street Prison for Women, the Ecole de Reforme, the Girls' Cottage Industrial School, the Juvenile Delinquents' Court, and the female police force. It looks at the construction of "criminal" and "bad" and the flexible usage of certain laws to curb unruly behaviour.

The study took place in the Department of Health. It involved four districts and the Head Office of the human resource planning component. Its purpose was to explore the extent to which the Employment Equity Act is implemented in respect of people with disabilities by the Department of Health, KwazuluNatal. The experiences and perceptions of employment equity officers and people with disabilities were explored. In addition the document on Gap Analysis on EEA was analyzed. Qualitative methodology guided the explorative descriptive nature of the research. The sample selected for the study aimed at balancing opinions on the subject under investigation. Data was collected through structured questionnaires, in depth interviews and content analysis of the departmental Gap Report on Employment Equity. The main findings revealed that there is a wide gap between the current status quo and achieving the desired objectives of the Act. There is also a lack of awareness among People with disabilities in understanding the legal rights in terms of the Act. This situation weakens stakeholder's participation in implementation of the Employment Equity Act NO.55 of 1998. The main recommendations related to the implementation of intensive training programmes, in order to assist stakeholders to participate effectively in Employment Equity Act programmes. A bottom up approach on implementation of the Employment Equity Act was recommended. This will help to ensure equal participation of and acceptance of the process by People with disabilities and employment equity officers. / Thesis (M.A.)-University of Natal, Durban, 2002.

In this thesis, I argue that the First Nations Governance Act (FNGA) shares the colonial aspirations of other pieces of historical legislation in the Canadian context. The FNGA attempted to have First Nations' local governing structures mirror those of the Canadian state. As a result, this piece of legislation fails to recognize and respect the jurisdictional authority of First Nations over their own internal socio-political structures and systems. The FNGA is therefore a colonial assault on First Nations' jurisdiction in the realm of governance undermining the right to self-government and self-determination of First Nations. / I demonstrate this by examining three major issues dealt with in the FNGA: the status of historical and modern Canada-First Nations treaties, the jurisdiction of First Nations governance authority as well as control over band membership and Indian status classification systems.

The job of an air traffic controller is stressful by nature. Conditions like aircraft congestion in the skies, an outdated air traffic system and understaffing at control centers can add to the daily stresses of controllers and often cause fatigue. These conditions describe the current status of Air Traffic Services (ATS) in the United States. If left unaddressed, they could compromise safety, the primary objective of air traffic control. The purpose of this thesis is to assess the regulatory framework surrounding ATS specifically in the area of Safety Management Systems (SMS) and Human Factors and determine the course of action to be taken to improve safety in air traffic control. / This thesis begins with a description of what air traffic controllers do and the issues that ATS face in the U.S. It then examines the regulatory framework of the International Civil Aviation Organization (ICAO) and the U.S. regarding ATS, specifically SMS and Human Factors. A comparison is made between the privatized air traffic system of Canada and the government owned air traffic system of the U.S. and how privatization makes a difference economically, politically and legally when implementing standards and regulations and enforcing them. Finally, suggestions are made in order to improve the legal framework of air traffic services in the U.S.

The Crown has fiduciary obligations to First Nations and must act in consequence. One of this consequence is that the Crown has a duty to consult with aboriginal peoples when it infringes aboriginal or treaty right. The thesis deals with the principles related to the Crown's duty to consult with First Nations. I elaborate on principles established by the courts and also on questions that remain unanswered to date. Those questions include when, how and with whom the consultation should be done. I also examine the situation in New Zealand, where the consultation process is a little more advanced than here in Canada and compare the principles elaborated by New Zealand courts with those existing in Canada. From the New Zealand experience, I suggest consultation guidelines to be used in Canada by the Crown and its representatives.

In British Columbia, individuals with a mental disorder can be hospitalised against their will under the Mental Health Act (1999), when a physician determines that "protection of the person or others" is an issue. Involuntary psychiatric hospitalisation involves a major infringement of an individual's civil liberty. When patients or their representatives disagree with the treatment teams about their involuntary hospitalisation, they can apply for an appeal hearing named the review panel under the Mental Health Act (1999). From a theoretical perspective, the traditional medical model and the social constructionist model, which offer different views concerning individuals with mental illness who are hospitalised against their will, are presented. This theoretical contrast underscores a major dilemma faced by mental health professionals in fostering client self-determination, while they are providing services on the principle of beneficent protection. An empowerment model of social work practice is then described to illustrate how services can be provided to help mental patients regain a sense of control over their lives. Concerns about the current legislation regarding involuntary hospitalisation are also discussed. To supplement the limited number of studies currently available on review panels, a quantitative descriptive study was conducted at Riverview Hospital, the only tertiary psychiatric hospital in British Columbia, surveying the experiences of 39 social workers and physicians with review panels. A questionnaire consisting of 22 Likerttype items was used. Four categories were identified: (a) patient-related issues, (b) effects of review panels on treatment teams, (c) role conflicts, and (d) operational issues. Despite the apparent lack of formal training, social workers and physicians generally reported having adequate knowledge of review panels. Social workers and physicians who were involved more frequently with review panels appeared to have more positive attitudes towards them. Their training pertaining to the Mental Health Act was also significantly related to their attitudes. Neither patients nor their families reportedly had adequate knowledge of the review panel process. Although some positive effects of review panels were acknowledged, staff generally had mixed attitudes about review panels. Guided by an empowerment model, these findings have important implications for social work practice. These include the need for further professional training, improved communication between health professionals and legal advocates, education for patients and families, and the support of patients' collective action, so that review panels can be a more empowering experience for mental patients.

While Canada is often called a pluralist state, there are no sustained studies by political scientists in which aboriginal self-government is discussed specifically in terms of the analytical tradition of pluralist thought. Aboriginal self-government is usually discussed as an issue of cultural preservation or national self-determination. Aboriginal identity is framed in terms of cultural and national traits that are unique to an aboriginal community and selfgovernment is taken to represent the aboriginal communal desire to protect and preserve those traits. Is such an understanding of what motivates aboriginal self-government accurate, or does it yield an incomplete understanding of the complex phenomenon that aboriginal selfgovernment in Canada represents? The political tradition of pluralism allows for analysis of aboriginal self-government that addresses questions left unattended by the cultural and nationalist frameworks. Pluralism is often viewed as a public arrangement in which distinct groups are given room to live side by side, characterized by mutual recognition and affirmation. At the same time, there are different faces of pluralist theory and each addresses questions about the recognition and affirmation of aboriginal self-government in different ways. Those three contemporary faces can be distinguished by the labels communitarian, individualist, and relational. The major hypothesis advanced is that aboriginal self-government is better understood if an "identification" perspective on aboriginal identity is adopted as opposed to a "cultural" or "national" one and if that perspective is linked to a relational theory of pluralism as opposed to a communitarian or individualist one. The identification approach examines aboriginal identity not in terms of cultural and political traits, but in terms of identification with, and political commitment to, an aboriginal community. Relational pluralism in turn, examines the challenge of aboriginal self-government in terms of power differences within aboriginal communities and between aboriginal and Canadian governments. Applying these approaches to aboriginal politics in Canada confirms their suitability. Contrary to what previous scholarship has assumed, aboriginal self-government should not be seen primarily as a tool to preserve cultural and national differences as goods in and of themselves. The politics of aboriginal self-government should be seen as involving demands to equalize current imbalances in power so that aboriginal communities and the individuals within them can construct aboriginal identities according to their own design.