As mudanças sociais influenciaram no aumento da importância do dano. Atualmente o elemento exerce o papel central na responsabilidade civil. Pode haver responsabilidade sem culpa, mas não há responsabilidade sem dano. A observância de que a noção jurídica de dano não coincide com a comum favoreceu a compreensão de que o dano, mesmo sendo um fenômeno unitário, tem dois aspectos relevantes. São os dois momentos de sua ocorrência: dano-evento e dano-prejuízo. Tanto um como outro são resultados da conduta, mas suas características são completamente diferentes. O dano-evento consiste na lesão a um direito subjetivo ou a uma norma protetora de interesses. Devido a essa característica, verificada a sua presença a contrariedade ao direito estará presente mesmo nas hipóteses de responsabilidade objetiva. O dano-prejuízo é a conseqüência. Poderá ser patrimonial e não patrimonial, individual e social. Com esses conceitos claros, inúmeras questões são resolvidas, como a prescrição, o dano social, o verdadeiro conceito de dano moral, a competência na ação de reparação e a perda de oportunidade. Quanto ao dano não patrimonial, verifica-se que é gênero, sendo o dano moral uma de suas espécies. O dano social é uma nova categoria que visa abarcar uma lacuna na reparação civil. / Social changes have influenced the increasing importance of the concept of mischief. Nowadays this element represents the central role in the civil liability. It can exists liability without fault, but there is no liability without mischief. The observance that the legal notion of mischief does not coincide with the common notion has favored the comprehension that the mischief, even being an unit phenomenon, has two prominent aspects. The moments of its occurrence are two: mischief-event and mischief-damage. These moments are results of the conduct, but its characteristics are completely different. The mischief-event consists in the aggression against a subjective right or against a protective norm of interests. Due to that characteristic, once detected its presence, the offence against law will be present even in the hypotheses of objective liability. The mischief-damage is the consequence. It can be patrimonial and nopatrimonial, individual and social. Having in mind those concepts, many problems can be resolved, as the prescription, the social mischief, the true concept of moral mischief, the competence in the action of repair and the loss of opportunity. With regards to the no-patrimonial mischief, it can be verified that it is a genus, being the moral mischief one of its species. The social mischief is a new category that aims to fulfill a gap in the civil reparation.

As mudanças sociais influenciaram no aumento da importância do dano. Atualmente o elemento exerce o papel central na responsabilidade civil. Pode haver responsabilidade sem culpa, mas não há responsabilidade sem dano. A observância de que a noção jurídica de dano não coincide com a comum favoreceu a compreensão de que o dano, mesmo sendo um fenômeno unitário, tem dois aspectos relevantes. São os dois momentos de sua ocorrência: dano-evento e dano-prejuízo. Tanto um como outro são resultados da conduta, mas suas características são completamente diferentes. O dano-evento consiste na lesão a um direito subjetivo ou a uma norma protetora de interesses. Devido a essa característica, verificada a sua presença a contrariedade ao direito estará presente mesmo nas hipóteses de responsabilidade objetiva. O dano-prejuízo é a conseqüência. Poderá ser patrimonial e não patrimonial, individual e social. Com esses conceitos claros, inúmeras questões são resolvidas, como a prescrição, o dano social, o verdadeiro conceito de dano moral, a competência na ação de reparação e a perda de oportunidade. Quanto ao dano não patrimonial, verifica-se que é gênero, sendo o dano moral uma de suas espécies. O dano social é uma nova categoria que visa abarcar uma lacuna na reparação civil. / Social changes have influenced the increasing importance of the concept of mischief. Nowadays this element represents the central role in the civil liability. It can exists liability without fault, but there is no liability without mischief. The observance that the legal notion of mischief does not coincide with the common notion has favored the comprehension that the mischief, even being an unit phenomenon, has two prominent aspects. The moments of its occurrence are two: mischief-event and mischief-damage. These moments are results of the conduct, but its characteristics are completely different. The mischief-event consists in the aggression against a subjective right or against a protective norm of interests. Due to that characteristic, once detected its presence, the offence against law will be present even in the hypotheses of objective liability. The mischief-damage is the consequence. It can be patrimonial and nopatrimonial, individual and social. Having in mind those concepts, many problems can be resolved, as the prescription, the social mischief, the true concept of moral mischief, the competence in the action of repair and the loss of opportunity. With regards to the no-patrimonial mischief, it can be verified that it is a genus, being the moral mischief one of its species. The social mischief is a new category that aims to fulfill a gap in the civil reparation.

Vandalism, as one facet of juvenile delinquency, has received scant attention from social scientists in North America. This reflects the relatively low proportion of all delinquent acts which can be described as "vandalism" on the one hand and the efforts of social scientists to develop all-encompassing theories of delinquency causation on the other. This study has proceeded on the premise advanced by Alfred Kahn in his book, Planning Community Service for Children in Trouble, that community service must not be built on the assumption that delinquents are a homogeneous group. Kahn maintains that our efforts will be more fruitful if we develop an awareness of the heterogenity of the group. Therefore, this study represents an initial, exploratory study of juvenile vandalism to determine what, if any, factors set juveniles who indulge in vandalism apart from other delinquents. A descriptive-diagnostic research design suited the exploratory nature of the study and permitted the use of the experience survey method. A survey of the literature on juvenile delinquency gave focus and direction to the study. The questionnaires developed for the study were based to a large extent upon theories extracted from the literature. A survey of the literature, questionnaires, the examination of records, interviews, and case studies were the methods utilized. Data was obtained from law-enforcement agencies and from public and private business organizations in the City of Vancouver. Vandalism occurs in all areas of the community and in all social classes. Predominantly a group activity of younger male juveniles, vandalism is characterized by contagion from group member to group member and from group to group. Vandal acts occur in areas or situations isolated in various ways from direct observation. Reports on the incidence of vandalism from non-law-enforcement sources in the City indicate that this crime occurs more frequently in middle-class and upper-class areas but the juvenile court records show that the majority of juveniles appearing in Court reside in the lower-class areas. These findings indicate the middle-class attitude of the official court system and the prevalence of delinquency in the more affluent class of society. The need for detailed research into the delinquent activities of the upper-class juveniles pleads to be recognized. Until society permits further research into delinquent behaviour to focus equally upon all strata of society, complete comprehension of the act of juvenile vandalism in the City of Vancouver will not be achieved. / Arts, Faculty of / Social Work, School of / Leung, Sophia Ming Ren; Pittman, Robert Graham; Wills, Madlyn Gertrude / Graduate

'after all, it takes a baker' / Master of Architecture

Workplace misbehaviour is seen to be a neglected feature of organizational study (Ackroyd and Thompson; Vardi and Weitz, 2004). Where research has been undertaken into misbehaviour the emphasis tends fall into two broad categories. First of all, organizational behaviour theorists use the term misbehaviour as a means to highlight how the ‘negative’ behaviour of employees gets in the way of formal organizational goals. Secondly, radical sociologists tend to use the term misbehaviour as a means to critique Foucauldian labour process theory. Here an argument is made that suggests the disciplinary affects of new management practices associated with human resource management and total quality management have been overstated. Furthermore, radical sociologists also use the term misbehaviour as means to critique organizational behaviour accounts, which are believed to paint overly optimistic accounts of organizational life. However, on further examination it was discovered that neither a radical sociological approach, nor a traditional organizational behaviour approach, sufficiently addresses the current deficit in our understandings and explanations for workplace misbehaviour. Hence, one of the main themes of this thesis was to design a theoretical and methodological framework to address the deficit in our understandings and explanations. As such, a view was taken of how a radical sociological approach (orthodox labour process analysis) combined with an emerging social psychological perspective (a social identity approach (Haslam, 2001)) could help overcome previous theoretical problems associated with researching misbehaviour. Empirical support for this approach is provided by the detailed examination of the objective and subjective working conditions of four different sets of low status workers. The findings are based on longitudinal covert participant observations, as well as covert interviews and the covert gathering of company documents. The findings depart from previous insights into workplace misbehaviour in stressing the importance of acknowledging and investigating both the organizational and sub-group social identities of low status workers, in relation to such activities. As such, a great deal of the misbehaviour noted in the findings can be attributed to the poor treatment of low status workers by management, yet misbehaviour is equally if not more attributable to the empowering or inhibitive qualities of the many psychological groups that worker can associate with or disassociate themselves from. Recommendations are made about the direction of future research into workplace misbehaviour. There are many suggestions made and include examining misbehaviour in a wider range of settings, sectors and levels of organizations.

This thesis presents a cross-national, cross-regime examination of foreign policy decision-making in the Spratly Islands dispute, focusing on China, Malaysia and the Philippines. It argues that how and why these countries have acted in particular ways towards the dispute relates to the relationship among foreign policy decision-making, government behaviour and domestic politics. The theoretical foundation of the study is foreign policy analysis. It applies the decision units approach advanced by Margaret and Charles Hermann and Joe Hagan to investigate who made foreign policy decisions on the Spratly Islands dispute in the three countries during the period 1991-2002, and how this influenced government behaviour. In addition, the contextual influence of domestic politics is considered. Four case studies inform the empirical analysis: the approaches taken by Malaysia and the Philippines to bolster their respective sovereignty claim, China???s establishment of a comprehensive maritime jurisdictional regime covering the Spratly Islands among other areas, China-Philippines contestation over Mischief Reef and the development of a regional instrument to regulate conduct in the South China Sea. Three conclusions are drawn. First, the decision units approach identifies the pivotal foreign policy decision-makers in each of the countries examined and the process involved. Second, it explains the relationship between decision unit characteristics -- self-contained or externally influenceable -- and each government???s behaviour towards the dispute. Injecting domestic politics into the analysis highlights motivations of and constraints faced by decision-makers, conditioning the form and content of government action. Third, it demonstrates a low predictive capability: the ???fit??? between hypothesised and actual government behaviour is poor. While it is not a comprehensive analytical tool, the combined decision units-domestic politics approach offers deeper insight into government decisions and behaviour on the Spratly Islands dispute than hitherto reported in the literature.

This thesis presents a cross-national, cross-regime examination of foreign policy decision-making in the Spratly Islands dispute, focusing on China, Malaysia and the Philippines. It argues that how and why these countries have acted in particular ways towards the dispute relates to the relationship among foreign policy decision-making, government behaviour and domestic politics. The theoretical foundation of the study is foreign policy analysis. It applies the decision units approach advanced by Margaret and Charles Hermann and Joe Hagan to investigate who made foreign policy decisions on the Spratly Islands dispute in the three countries during the period 1991-2002, and how this influenced government behaviour. In addition, the contextual influence of domestic politics is considered. Four case studies inform the empirical analysis: the approaches taken by Malaysia and the Philippines to bolster their respective sovereignty claim, China???s establishment of a comprehensive maritime jurisdictional regime covering the Spratly Islands among other areas, China-Philippines contestation over Mischief Reef and the development of a regional instrument to regulate conduct in the South China Sea. Three conclusions are drawn. First, the decision units approach identifies the pivotal foreign policy decision-makers in each of the countries examined and the process involved. Second, it explains the relationship between decision unit characteristics -- self-contained or externally influenceable -- and each government???s behaviour towards the dispute. Injecting domestic politics into the analysis highlights motivations of and constraints faced by decision-makers, conditioning the form and content of government action. Third, it demonstrates a low predictive capability: the ???fit??? between hypothesised and actual government behaviour is poor. While it is not a comprehensive analytical tool, the combined decision units-domestic politics approach offers deeper insight into government decisions and behaviour on the Spratly Islands dispute than hitherto reported in the literature.