Not available / text

Not available / text

This study is a gendered historical analysis of the legal administration of Indian Immigrants in British Colonial Natal in the late nineteenth and early twentieth centuries. By focusing primarily on the attempts of the Natal Government to intervene in the personal law of especially indentured and ex-indentured Indians, this thesis presents an analysis of the role that gender played in the conceptualization and promulgation of the indentured labour scheme in Natal, and in the subsequent regulation of the lives of Indian immigrants in the Colony. It traces the developments in the administration of Indian women, especially, from the beginning of the indenture system in colonial Natal until the passage of the Indian Marriages Bill of 1907 and attempts to contextualize arguments around these themes within broader colonial discourses and debates, as well as to examine the particularity of such administrative attempts in the Natal context. This study observes the changing nature of 'custom' amongst Indian immigrants and the often simultaneous and contradictory attempts of the Natal colonial administration to at first support, and later, to intervene in what constituted the realm of the customary. Through an analysis of legal administration at different levels of government, this analysis considers the interactions of gender and utilitarian legal discourse under colonialism and, in particular, the complex role of Indian personal law and the ordinary civil laws of the Colony of Natal in both restricting and facilitating the mobility of Indian women brought to Natal under the auspices of the indentured labour system. / Thesis (M.Soc.Sc.)-University of KwaZulu-Natal, 2005.

Rural women‘s land rights in South Africa remain secondary in spite of laws founded on a constitution that promotes gender equality. Patriarchal customary laws prevail and women‘s land rights and use security are inextricably linked to their relationships with their male relatives. Rural women are key producers of agricultural products due to historical and continued male outward migration, which has led to a feminisation of agriculture. Although women farm the land, their land use security is poor and can be further threatened by divorce or widowhood. Given that most vulnerable women are based in rural communal South Africa, how can their land rights be secured under the customary law framework? While the statutory law framework seems to provide a solution, it is less applicable in rural areas where customary law and traditional practices prevail. If statutory law cannot be superimposed on the existing customary law framework, how can women‘s land use be further secured to support their household food security efforts? What kind of framework can be introduced to strengthen women‘s land use security? A study was conducted in rural Limpopo Province to explore this complex and yet important question. A mixed methods approach comprising interview style questionnaires with a mixture of closed and open-ended questions, coupled with focus group discussions and observation was employed. Qualitative data from the focus group discussions and open-ended questions was analysed for common themes using content analysis. Quantitative data was analysed using SPSS to establish descriptive data, frequencies and establish the relationships between variables. Results of the analyses were used for building blocks to develop a land rights framework that is more gender sensitive and secures the rights of the actual land users. Women‘s land rights were largely confirmed to be secondary and land use security was linked to the continued relationship to male relatives through marriage and natural blood lines. From these findings, a gender sensitive framework that enables and improves land-based food security efforts has been proposed. / Thesis (M.Sc.Agric.)-University of KwaZulu-Natal, Pietermaritzburg, 2013.

[Truncated abstract] This thesis examines the social and legal dynamics of support as it operated around women charged before the criminal courts in the eighteenth- and early nineteenth-century metropolis. It considers the nature and implications of the support made available to, or withheld from, female defendants by individuals to whom they were in some way connected. To this end, it explores the nuances of testimony offered by witnesses and defendants in an attempt to better understand the extent and effect of the support that could be negotiated by and from a range of groups, including family members, fellow household residents, neighbours and wider community members. How narratives were framed in either sympathetic or condemnatory terms was indicative of broader social attitudes and expectations regarding women and crime as well as of women's own relationships to households and neighbourhood. To the extent that this thesis aims to interrogate negotiations of support, it adopts legal narratives as a window through which to gain an insight into the social interactions and mediation of interpersonal relationships by eighteenth-century London women. The printed accounts of trials conducted at the Old Bailey and legal documents from the London and Middlesex Sessions records form the basis of the source material that contributed towards this study. These records provide contemporary narratives in which participants described their involvement in the legal system and articulated their relationships to events and to each other. As a result, they are invaluable for the wealth of qualitative detail they contain. These legal documents have also been complemented by other contemporary sources including newspaper reports and printed pamphlet literature. ... This thesis concludes first that neighbours and fellow household residents were usually in the strongest position to affect the outcome of criminal cases, either by offering assistance or disclosing incriminating information. The importance of household and neighbours rather than kin was closely tied to the domestic context in which many female crimes took place, and the 'insider knowledge' that was gained by living in close proximity to one another. However, if and when women retained links to family and kin who lived within travelling distance, they remained an important source of support. Secondly, the thesis identifies the detection and prosecution of crime as a gendered experience; contemporary social expectations about gender influenced both legal processes and the shaping of witness accounts. Thirdly, in its examination of local responses to female crime, the thesis supports the theory that a notable shift in sentiment towards female nature and legal culpability occurred during this period, which in turn affected the support offered to female defendants. Overall, the thesis demonstrates the paramount importance of witness testimony in articulating the circumstances surrounding female crimes, and the complex negotiations of interpersonal relationships which influenced how this evidence would be contextualised as supportive or not when it was delivered.

Thesis (LLM)--Macquarie University. Division of Law. / Bibliography: leaves 192-208. / Introduction -- The perceived problems and the new reforms -- The framework for children's matters in Australia -- Families and functions - regulating the Australian family -- Reorganising the gender hierarchy -- Men's movements, misconceptions and misidentifying the real issues -- Problems with "shared parenting": an ideal or a (rebuttable) presumption? -- Mediation not litigation -- Conclusion -- Bibliography. / In this thesis, I critically appraise the latest reforms of the Australian family law system and assess the underlying philosophy of these measures. I specifically analyse the introduction of shared parenting and mandatory family dispute resolution. My starting point is that legislative changes alone cannot be used as a means of social change. Legal models cannot function correctly if they reflect an ideal rather than social reality, and in light of the current reforms, the Australian family law system risks such a fate. The system, which presumes that parents share parental responsibility upon separation (and therefore during the intact family), does not represent social truth. It appears to make an assumption that shared parenting is the societal practice, but I believe the law is really being used to impose such an ideal. If the reforms are to be successful, I argue that substantial social and economic structural change is required, in order to break down the dichotomy between men's and women's roles, which continue to define the male role as economic and public and the female responsibility as care-giving and private. This is particularly important if the Government is genuine about its aim to make parenting gender neutral in practice and not just in theory. / The thesis demonstrates that the reform measures are a response to the perceived rather than real problems identified in the family law system, and that they are largely issues raised under the influence of fathers' rights groups. The response of the Government to remedy the system is therefore flawed as it is based on misconceived notions about the family law system. It incorrectly identifies judicial discretion as a fundamental cause of the problems and tries to replace it with a more rules-based approach to determining children's matters. I suggest that the real problems can be found in the continuance of deeply entrenched customs and gendered role constructions, and the remedies lie in their overhaul. The social culture that makes the mother the primary caregiver and allocates to the father diminished parental responsibility from the time the child is born needs to be transformed. A suitable legal response to the current impasse would be to begin by educating the public about the way the system works and provide counselling to families on how to structure their united life well before they reach the breakdown point. Assisting families while they are still functional, as opposed to when they are dysfunctional, would arguably make a large difference in how the family law system is understood. Moreover, it would be able to facilitate ongoing communication for separating couples and, most importantly, thereby uphold the best interests of the child. / Mode of access: World Wide Web. / 208 leaves

No description available.

This thesis focuses on the process of interpreting and the difficulties faced by interpreters in the Magistrates' Court in Grahamstown, South Africa. More particularly, the thesis seeks to establish whether the constitutional guarantee of language equity can be applied to the courts - given the numerous problems with interpreting. Respondents from different spheres of the legal profession were interviewed in order to ascertain their perspectives on the state of interpreting, problems that are encountered by interpreters and attitudes displayed by other members of the legal profession towards interpreters. The methodology used in the thesis is that of a critical ethnography. As such, the research also has a critical focus, seeking to determine the ideologies and interests of different ):articipants in the legal process. On the basis of the data collected, a number of conclusions are drawn. The first is that interpreting in South Africa is in trouble. The system of interpreting is beset by a number of different problems. This study describes four different types of problems that are faced by interpreters: linguistic problems, environmental problems, training and administrative issues, and poor status in the eyes of the other participants in the legal process. Together the cumulative effect of these problems is the undermining of the principle of equity in the justice system. Finally, the thesis provides various practical and achievable solutions to the problems outlined above, specifically those faced by interpreters. The researcher also critically evaluates the efforts and motives of the Department of Justice and Constitutional Development.

This thesis focuses on trade union responses to casualisation of labour in the Eastern Cape. In the context of increased globalization, some employers have attempted to achieve high production outputs while saving on operational costs. The ‘flexible firm’ model is used as but one theory to explain increased flexibility in the workplace. In an effort to achieve increasingly flexible firms that may swiftly respond to subsequent challenges such as increased international competition, employers have been seen incorporating more non-standard workers in the form of casual, temporary, part-time, and seasonal workers. This has been a matter of concern for the unions for numerous reasons: some nonstandard workers are subjected to sub-standard working conditions, irregular working hours and little or no benefits; casual work is arranged in such a way that it is virtually impossible for these workers to join a union – a predicament which bears a high possibility of a decline in the typically standard worker–based membership of trade unions; and non-standard workers are often faced with the representation gap predicament which entails that they are not adequately protected by labour legislation. The thesis explores the responses of trade unions to these challenges, and the proposals that they have made in this regard, by focusing on the sectoral dynamics of non-standard labour in the province. It further discusses the regulation of non-standard labour, as poor representation of some non-standard workers bears consequences for the regulation of the practice of non-standard work. The research adopted qualitative research techniques in the form of semi-structured interviews, and used purposive and snowball sampling in accessing relevant data for analysis purposes.

Submitted by PAULO ROBERTO CARDOSO PEREIRA JÚNIOR (paulocardoso.ppp@gmail.com) on 2018-03-21T19:05:02Z No. of bitstreams: 1 DISSERTAÇÃO FINAL DE PAULO CARDOSO MARÇO DE 2018.pdf: 1562090 bytes, checksum: 22bd104aba5d0af6d449653f47d6cdd9 (MD5) / Approved for entry into archive by Maria Auxiliadora da Silva Lopes (silopes@ufba.br) on 2018-03-22T14:21:54Z (GMT) No. of bitstreams: 1 DISSERTAÇÃO FINAL DE PAULO CARDOSO MARÇO DE 2018.pdf: 1562090 bytes, checksum: 22bd104aba5d0af6d449653f47d6cdd9 (MD5) / Made available in DSpace on 2018-03-22T14:21:54Z (GMT). No. of bitstreams: 1 DISSERTAÇÃO FINAL DE PAULO CARDOSO MARÇO DE 2018.pdf: 1562090 bytes, checksum: 22bd104aba5d0af6d449653f47d6cdd9 (MD5) / A presente pesquisa está situada no campo das práticas psicológicas demandadas pela Justiça e aplicadas em adolescentes e jovens em conflito com a lei. Partimos das políticas de privação de liberdade de crianças e adolescentes no Brasil, que teve seu marco histórico com a promulgação do Código de Menores de 1927, e depois a sua reformulação em 1979, até o cidadão, tendo sua origem na promulgação do Estatuto da Criança e do Adolescente, o ECA. Sendo assim, este trabalho teve como objetivo compreender a atuação da (o) psicóloga (o) que acompanha adolescentes e jovens em cumprimento de medidas socioeducativas em uma instituição de internação no Estado da Bahia. Para tal, foi realizada uma pesquisa qualitativa, utilizando-se como recursos metodológicos a análise documental e entrevistas semidirigidas com profissionais de psicologia. O referencial teórico adotado foi a Psicologia Escolar e Educacional em uma perspectiva crítica, que compreende o contexto institucional como uma síntese de múltiplas determinações. Foram levantados 94 relatórios de 24 adolescentes em cumprimento de medida socioeducativa de internação. Foram encontradas, a partir da análise dos relatórios, informações familiares, educacionais, profissionais, sobre o uso de drogas lícitas e ilícitas e sobre o parecer técnico indicado pela equipe que acompanha os adolescentes. Análise das entrevistas destaca as dificuldades vivenciadas pelas profissionais de Psicologia, relacionadas ao fato de a instituição não ter fornecido formação para o trabalho; a formação acadêmica pouco contribuiu para o trabalho na instituição; dificuldades de implementação do ECA e do SINASE e a ausência de um trabalho voltado para o acompanhamento familiar. Por fim, este trabalho indica a necessidade de incluir, tanto na formação básica dos cursos de Psicologia quanto na formação dos técnicos da instituição a temática da atenção ao adolescente e o jovem em conflito com a lei. / ABSTRACT This research is situated in the field of psychological practices required by the Federal Justice and it is applied in adolescents and young people in conflict with the law. We started the research with the policies of deprivation of liberty of children and adolescents in Brazil, which had its historical milestone with the promulgation of the Juvenile Code of 1927, and then its reformulation in 1979, to the citizen, having its origin in the promulgation of the Child and Youth Statute (ECA). Therefore, this study aimed to understand the performance of the psychologist who attends adolescents and young people in compliance with socio-educational measures in a care institution in the State of Bahia. For that purpose, a qualitative research was carried out, using documental analysis and semi-structured interviews with psychologists. The theoretical framework applied was School and Educational Psychology, which understands the institutional context as a fusion of multiple interactions. A total of 94 reports were collected from 24 adolescents in compliance with socio-educational measures in a care institution. Reports analysis revealed family, educational and professional data, the reports also revealed information about the use of legal and illegal drugs and the technical report prepared by the team that attended the adolescents. Interviews analysis highlights the struggles experienced by psychologists, which is related to the fact that the institution did not provide training for work; the academic formation did not contribute much to the work in the institution; difficulties in the implementation of ECA and SINASE and the lack of work aimed at family follow-up. Finally, this work indicates the need to include; the theme of attention to adolescents and young people in conflict with the law; both the basic training of psychologists and the training of technicians that work in care institutions for young people in conflict with the law.