Le véritable enseignement de la présente étude réside en ce que, comme déjà évoqué, le poids de l’appareil judiciaire finit par acquérir plus de consistance que le crime lui-même. A « l’aventure criminelle », c’est-à-dire celle, tragique, des faits à réprimer, se substitue « l’aventure judiciaire », celle de la marche de la justice en vue de parvenir au jugement des faits. Qu’il s’agisse du procès pénal français ou anglo-saxon, l’étude démontre que les règles applicables sont d’une telle complexité qu’elles génèrent une logique judiciaire spécifique et presque détachée des faits à traiter. Les praticiens sont souvent surpris du contraste entre les faits à juger, dont les mobiles et les circonstances sont toujours simples, et la solution judiciaire plus et/ou trop élaborée.L’étude démontre encore le caractère immuable et presque immobile de la justice pénale. Qu’il s’agisse de la France ou des pays anglo-saxons, les fondamentaux des deux systèmes judiciaires en concurrence –procédure inquisitoire ou procédure accusatoire- sont les mêmes depuis le Moyen Âge. Certes, des réformes interviennent, le poids du contradictoire s’accroit, les procédures de recours sont organisées, etc. Mais il s’agit toujours en France de faire faire une enquête approfondie avant procès par un organe d’état et, dans les pays anglo-saxons, de voir s’affronter deux thèses avec un avantage pratique à l’accusation.C’est que, comme le démontre aussi l’étude, la philosophie sociale de chacun des deux mondes français et anglo-saxon est différente sur le statut du suspect : objet d’une recherche de la vérité en France et presque coupable chez les Anglo-Saxons.Cette philosophie sociale en recoupe une autre : la philosophie politique. En France, l’individu est assisté car l’Etat est plus grand que lui ; dans les pays anglo-saxons, l’individu est un homme libre et seul responsable de son destin. Dès lors, en France, l’Etat veut forger sa propre opinion sur des faits délictueux ; dans les pays anglo-saxons, l’affrontement des individus (parquetiers et défenseurs) prime le reste. De plus, dans ces pays, la liberté et l’indépendance reconnues à l’individu le rendent davantage responsable de ses faits et gestes, d’où l’importance démesurée accordée à l’aveu. Pour autant, cette philosophie politique d’un citoyen libre et fort est un extraordinaire levier pour l’Histoire de la Liberté et celle aussi de l’Expansion économique. Sans elle, les pays européens du continent n’auraient sans doute pas pu se soustraire à la botte de conquérants. Sans elle, les Etats-Unis ne seraient pas une locomotive du développement.Il ne faudrait pas croire non plus que le monde anglo-saxon n’a fait que peu d’apports positifs au procès pénal. C’est à la loi britannique sur l’Habeas corpus de 1679 que l’on doit l’idée d’un délai raisonnable pour être jugé et, à défaut, le droit à être remis en liberté. C’est encore aux Britanniques que l’on doit l’idée de droits de la défense recensés en tant que tels, d’abord dans certains articles de la Magna Carta de 1212 puis dans le Bill of Rights de 1689. C’est aux Américains que l’on doit l’idée de sacraliser les droits de la défense en leur donnant un contenu constitutionnel par les amendements à la Constitution de 1787, ajoutés à partir de 1789, une idée qui sera reprise bien plus tard dans la Convention Européenne des Droits de l’Homme et des libertés fondamentales.L’étude montre donc que les pays anglo-saxons réputés pragmatiques ont plutôt fait des contributions de principe, sans mesurer que les applications pratiques qu’ils en tirent dénaturent le procès pénal. L’étude montre aussi que la France, réputée pour ses approches dogmatiques et rationnelles mais d’une raison déconnectée des réalités, a une vision bien plus juste du procès pénal.L’étude a enfin montré que, dans le domaine de la justice pénale, les mondes français et anglo-saxons s’ignorent. / This study shows that the criminal process finally acquires more consistency than the crime itself. The “criminal adventure”, namely the tragical story of the crime itself, turns into “the judicial adventure”, namely the path of justice towards the final decision (conviction or dismissal). Whether it deals with the French or with the Anglo-Saxon models, the legal rules are so complicated that they create a judicial logic which is specific and clipped from the facts of the case. In comparison, the motives and the circumstances of a crime are always simple. Accordingly, the judicial issue appears to be more (and often too much) elaborated than the crime itself.The study also shows the unchanging character of the criminal justice. Whether it is in France or in the Anglo-Saxon countries, the fundamentals of the two justices which are concurrent – inquisitorial model and adversary one- are the same that in the Middle Age. Of course, some reforms happened. The importance of the rule of the contradictory increases, etc. However, the main concern of the French justice still deals with a pretrial investigation which is very thoroughly conducted by a state agency. The Anglo-Saxon model always lies in the confrontation of two thesis with a practical advantage given to the prosecution. These different approaches by the two justices are attributable to a different social philosophy. The status of the suspected person greatly differs whether he is prosecuted in France or in the Anglo-Saxon countries: in France, this status is a matter of the search for the truth; in the Anglo-Saxon countries, this status is in practice that of an almost guilty one, even if his guilt must be proved beyond a reasonable doubt.This social and/or ethic philosophy recuts another one: the political philosophy. In France, the individual is assisted since the State is deemed to be “stronger” than him; in the Anglo-Saxon countries, the individual is a free man; accordingly, he is solely responsible for his acts. Therefore, in France, the State wants to fix up its own opinion about the crime; in the Anglo-Saxon countries, the confrontation of the prosecution and the lawyer outdoes all the rest, in particular the truth. Moreover, in these countries, according to the freedom and the independence of the individual, an undue importance is given to confessions.However, the Anglo-Saxon political philosophy is an extraordinary lever for the history and the liberty and also for the economic expansion. Without it, the continental countries would not have been able to be freed from the conquerors of the two world wars and the cold war. Without it, the US would not be a forefront of the progress.We do not consider that the Anglo-Saxon world made few positive contributions to the criminal proceedings. Indeed, this is the famous English Habeas Corpus Act of 1679 which created the idea of a reasonable time to be tried in court and, if not, to be released from prison. From the English comes the idea of an explicit list of rights of the defence, in particular in some articles in the Magna Carta of 1212 and then officially included in the Bill of Rights of 1689. From the Americans comes the idea of making the rights of defence sacred through the amendments of the constitution. We remember that this idea arrived late in Europe with the ECHR.Therefore, the study shows that the Anglo-Saxons countries which benefit from a reputation of pragmatism have rather acted as theoreticians of criminal law. They have provided the world of criminal justice mainly with contributions close to symbols. They have underestimated the consequences of these symbols in the practice of the criminal proceedings. The study shows also that the French, who are often known for their dogmatic approach of problems, have a better understanding of the criminal proceedings.The study shows especially that the Anglo-Saxon world of criminal justice and the French one totally ignore each other.

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Anne Brontë died in 1848, having written two novels, Agnes Grey (1847) and The Tenant of Wildfell Hall (1848). Although these novels, especially The Tenant of Wildfell Hall, initially received a favourable critical response, the unsympathetic remarks of Charlotte Brontë and Elizabeth Gaskell initiated a dismissive attitude towards Anne Brontë’s work. For over a hundred years, she was marginalized and silenced by a critical world that admired and respected the work of her two sisters, Charlotte and Emily, but that refused to acknowledge the substantial merits of her own fiction. However, in 1959 revisionist scholars such as Derek Stanford, Ada Harrison and Winifred Gérin, offered important, more enlightened readings that helped to liberate Brontë scholarship from the old conservatisms and to direct it into new directions. Since then, her fiction has been the focus of a robust, but still incomplete, revisionist critical scholarship. My work too is revisionist in orientation, and seeks to position itself within this revisionist approach. It has a double focus that appraises both Brontë’s social commentary and her narratology. It thus integrates two principal areas of enquiry: firstly, an investigation into how Brontë interrogates the position of middle class women in their society, and secondly, an examination of how that interrogation is conveyed by her creative deployment of narrative techniques, especially by her awareness of the rich potential of the first person narrative voice. Chapter 1 looks at the critical response to Brontë’s fiction from 1847 to the present, and shows how the revisionist readings of 1959 were pivotal in re-invigorating the critical approach to her work. Chapter 2 contextualizes the key legal, social, and economic consequences of Victorian patriarchy that so angered and frustrated feminist thinkers and writers such as Brontë. The chapter also demonstrates the extent to which a number of her core concerns relating to Victorian society and the status of women are reflected in her work. In Chapter 3 I discuss three important biographical influences on Brontë: her family, her painful experiences as a governess, and her reading history. Chapter 4 contains a detailed analysis of Agnes Grey, which includes an exploration of the narrative devices that help to reinforce its core concerns. Chapter 5 focuses on The Tenant of Wildfell Hall, showing how the novel offers a richer and more sophisticated analysis of feminist concerns than those that are explored in Agnes Grey. These are broadened to include an investigation of the lives of married women, particularly those trapped in abusive marriages. The chapter also stresses Brontë’s skilful deployment of an intricate and layered narrative technique. The conclusion points to the ways in which my study participates in and extends the current revisionist trend and suggests some aspects of Brontë’s work that would reward further critical attention. / Thesis (DLitt)--University of Pretoria, 2013. / gm2014 / English / Unrestricted

On November 26, 1945, the Ambassador to China, Patrick J. Hurley, announced his resignation to the American press. In doing so, he leveled charges against the State Department and a number of its Foreign Service officers—charges which questioned the integrity of many, in their relation with what Hurley termed the “Imperialist” and communist nations in China. Those charges were the beginning of two and one-half decades of ideological crusading in America by many who developed the theory that those men charged by Hurley had been responsible for America’s “loss of China” Hurley was sent to China in 1944 as President Roosevelt’s personal representatives to Chiang Kai-shek. His directive was to promote efficient and harmonious relations between Chiang Kai-shek and General Stilwell, Commander of American Forces, China Theatre. Hurley was, further, to facilitate Stilwell’s exercise of command over the Chinese armies, which, it was hoped, would soon be placed under him. Failing in this mission, Hurley was ultimately appointed to the rank of Ambassador after the resignation of Clarence T. Gauss. Hurley had by this time, taken on the responsibility of promoting negotiations between the Kuomintang Government of Chiang Kai-shek and the Chinese Communist Party, headquartered in Yenan. Rather than simply offering his “good offices” in the negotiations, Hurley became personally involved, interjecting his personal, ideological beliefs into the proposals of each side. Through his involvement, Hurley became personally committed to unification on his terms and eventually gave the Kuomintang Party and Chiang Kai-shek the impression that the United States was permanently committed to support of the Central Government. Hurley soon came into conflict with a number of Foreign Service officers and the Department of State, below the level of the Secretary of State, over opposing interpretations of American policy in China. Hurley became intransigent in his overwhelming support of the National Government, while members of the State department believed that the United States should remain flexible in its approach to the problems in China to avoid supporting the losing side in what was seen as an inevitable civil war. Hurley came to see criticism of Chiang Kai-shek’s government and suggestions for alterations in policy, as personal criticism directed to him. In the face of this perceived threat to himself, he had a number of Foreign Service officers re-called or transferred, only to discover that they had been reassigned to positions which he thought were superior to his. In the face of these events and rising criticism, in addition to eventual failure to bring the two Chinese factions together and impending civil war. Hurley submitted his resignation to the Secretary of State, after first announcing his reasons to the press. Experiencing one of the few failures of his life , the man who had risen from the coal mines of Oklahoma to become a millionaire twice over, Secretary of Defense und0er President Hoover, and Ambassador to China under Roosevelt, turned the blame for his failure to those with whom he had come into conflict, the Department of State being the principal culprit. This study of Hurley’s experience in China is based upon several secondary accounts of the period, recently published Department of State papers (Foreign Relations of the United States: Diplomatic Papers), Hurley’s several testimonials before Congressional Committees, and interviews with Mr. John Stewart Service, upon whom attention was focused in numerous loyalty investigations subsequent to Hurley’s resignation.

Patrick Edward Connor was a military officer who was given the duty of guarding the overland mail route in the West during the civil war. In addition to this he was to watch the Mormons in Utah and determine their loyalty to the government of the United States. He was the commander of the Military District of Utah and he established his headquarters at Camp Douglas which was near Salt Lake City, Utah.While stationed in Utah, Connor saw action against hostile Indians on the Bear River in Idaho and other places; had some problems with the Mormons; and became interested in the mining possibilities of the Utah territory.

This thesis found that the three communities of Midvale, Murray, and Sandy were the center of the smelting industry in the Salt Lake Valley. These communities became the center of smelting because of their central location, the readily available water supply, and the availability of an inexpensive, efficient transportation system to ship the bullion. The smelters were surrounded by two major mountain ranges which provided a ready supply of good lead, silver, and copper ore.The development of the smelting industry followed three separate phases or periods. The first phase was one of experimentation or period of discovery, in which the smelters operated without the technological skill necessary to be financially successful. The second phase was highlighted by the emergence of skilled German mining engineers who enabled the smelters to be financially successful. Phase three was ushered in during the late nineteenth century by the industrialists who consolidated the smaller smelters and built larger, more efficient plants.

No description available.

From the 1850s Glasgow was a major industrial, commercial and mercantile city, with notoriously poor working-class housing. During the 1915 Rent Strike many women physically resisted rent increases and prevented evictions from the tenements. The strikes ended when the Government passed the Rent Restrictions Act 1915, which returned rents to pre-war levels. This was in response to a political and working-class struggle that challenged the rule of law. Rather than focussing narrowly on the role of the women alone, or on the strike as inspiration for anti-capitalist resistance, the 2015 Centenary seemed opportune to examine why the Rent Strike was successful, its place in the longer struggle for decent housing, the role of the Independent Labour Party (ILP) and its leaders, and their collaborations with labour and women’s organisations. From the 1890s the ILP was central to labour’s campaign in elections and in fostering political collaboration with many groups representing labour. John Wheatley and Patrick Dollan, former miners, were leaders in strengthening the ILP organisation and its community relations. This collaborative structure supported the women leading the rent resistance in the tenements. It was also the platform for Wheatley and Dollan, nationally and municipally, to continue their life-long work to improve the housing and living standards of working people. Wheatley became Minister of Health in 1924 in Britain’s first Labour Government, and Dollan was Lord Provost in Glasgow’s first majority Labour Council in 1938. Glasgow’s systemic anti-Irish and anti-Catholic prejudice has, surprisingly, remained unexamined in relation to the Rent Strike. Two historians claimed, without presenting evidence, that bigotry was overcome or briefly transcended. The evidence reviewed here indicated that it did not go away, but that it had no impact on the Rent Strike as it simply offered no stimulus or opportunity to express the existing racist or religious prejudice. / Thesis / Master of Arts (MA) / Glasgow, with notoriously poor working-class housing, was a major centre in 1915 for British engineering, munitions and shipbuilding industries during the First World War. Women who lived in Glasgow’s tenements organised rent strikes and physically resisted rent increases and evictions. They were supported by the Independent Labour Party and the collaborations it developed before and during the war with organisations representing the interests of women and labour. These strikes, the rent agitations in England, and the threat of industrial action in Glasgow, forced the Government to pass the Rent Restrictions Act 1915, which limited rents to pre-war levels. Two former miners, John Wheatley and Patrick Dollan, were leaders in organising this class victory. They recognised the Act’s limitations and then worked nationally and municipally in the longer struggle for better working-class housing. Glasgow’s systemic anti-Irish and anti-Catholic bigotry did not disappear but played no significant role during the Rent Strike.

Text in English / Although initially dismissed as superficial, Harold Pinter’s Betrayal, Tom Stoppard’s The Real Thing, and Patrick Marber’s Closer use the theme of marital betrayal as a trope to investigate metatheatrical and epistemological issues. This study aims to demonstrate how these three plays define and explore the concept of authenticity within the fictional as well as the actual world; how arbitrary the construction and mediation of the characters’ identities are, not only from their own perspective, but also from the audience’s; the significance of the audience’s role in these plays and how issues of authenticity, fictionality and dishonesty impact on a genre that depends on illusion. This study intends to provide a new interpretation of these three texts through an analysis drawn from postmodern and poststructuralist theories, concerning the concept of authenticity within art and language. This study finds that the fictional worlds in these plays are created through mediation, which includes everyday language as well as complex works of art. Authenticity is shown to be an elusive concept. Language is either unsuccessfully used to force authentic responses from characters, or as a shield. In Betrayal, language functions as a protective barrier, preventing the characters from knowing one another. The Real Thing suggests that although inauthenticity may be established, the inverse is not necessarily true. In Closer, the characters try in vain to access authenticity through different registers of language. Furthermore, neither the body nor the mind is shown to be the locus of authenticity in Closer. Within the postmodern context where originality is impossible, mimicry is not seen as something external and inauthentic, but as inextricably part of human existence. The audience is drawn into the fictional world of these plays as its members are able to identify with the disillusionment of the characters and their inability to form a definitive view of each other. Simultaneously, the audience is ousted from the fictional world by being reminded of the author’s presence through metatheatrical devices. These plays take advantage of the fictional status of theatre to explore issues of authenticity, positioning them in direct opposition to postdramatic and verbatim plays. / Afrikaans & Theory of Literature / D. Litt. et Phil. (Theory of Literature)

Text in English / Although initially dismissed as superficial, Harold Pinter’s Betrayal, Tom Stoppard’s The Real Thing, and Patrick Marber’s Closer use the theme of marital betrayal as a trope to investigate metatheatrical and epistemological issues. This study aims to demonstrate how these three plays define and explore the concept of authenticity within the fictional as well as the actual world; how arbitrary the construction and mediation of the characters’ identities are, not only from their own perspective, but also from the audience’s; the significance of the audience’s role in these plays and how issues of authenticity, fictionality and dishonesty impact on a genre that depends on illusion. This study intends to provide a new interpretation of these three texts through an analysis drawn from postmodern and poststructuralist theories, concerning the concept of authenticity within art and language. This study finds that the fictional worlds in these plays are created through mediation, which includes everyday language as well as complex works of art. Authenticity is shown to be an elusive concept. Language is either unsuccessfully used to force authentic responses from characters, or as a shield. In Betrayal, language functions as a protective barrier, preventing the characters from knowing one another. The Real Thing suggests that although inauthenticity may be established, the inverse is not necessarily true. In Closer, the characters try in vain to access authenticity through different registers of language. Furthermore, neither the body nor the mind is shown to be the locus of authenticity in Closer. Within the postmodern context where originality is impossible, mimicry is not seen as something external and inauthentic, but as inextricably part of human existence. The audience is drawn into the fictional world of these plays as its members are able to identify with the disillusionment of the characters and their inability to form a definitive view of each other. Simultaneously, the audience is ousted from the fictional world by being reminded of the author’s presence through metatheatrical devices. These plays take advantage of the fictional status of theatre to explore issues of authenticity, positioning them in direct opposition to postdramatic and verbatim plays. / Afrikaans and Theory of Literature / D. Litt. et Phil. (Theory of Literature)