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Jak se projevuje totální instituce v životě vězně odsouzeného na doživotí / As is reflected in the total institution lifeBabková, Johana January 2011 (has links)
The subject of this thesis is a description and analysis of life imprisonment prisoners' daily life. The thesis deals with wider integration of daily life in jail. The jail as an institution and its impact on prisoners' life is described in theory. Problems of life imprisonment, key words connected with daily reality of total institutions and jail as a formal organization are also analysed. This work points out the lost of life imprisonment prisoner's identity and the importance of process adaptation in it. That means that life in jail is connected to identity lost during his collision with total institution. This process of identity lost is obvious particularly in of life imprisonment prisoners. In theoretical part of this thesis I derive from references of sociologists who work with topics of total institutions, stigmatization, moral career, technique of power and other sociological concepts. I try to show the impact of punishment on one's identity, what strategies of dealing with stress prisoners use and the whole picture of prisoner's personality impacted by the isolation from outer world to the end of the life. I would like to summarize the daily routine of life imprisonment prisoner. I suppose that this thesis doesn't give unambiguous conclusions but I would like to expound this sphere and...
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Regmatige dissiplinere maatreels in die klaskamer : n' gevallestudieMuller, Catherina Johanna Petronella 11 1900 (has links)
The way in which educators’ competency to enforce disciplinary measures in the classroom
is influenced by learners’ fundamental rights is investigated in this study. An in-depth
literature study was conducted, and questionnaires and semi-structured interviews were
used to collect data at five rural high schools in the Southern Cape. The research findings
indicate that participants’ understanding of the stipulations of important relevant acts and
government notices is insufficient to manage problem situations regarding discipline with
confidence. There is undoubtedly a need for information sessions and/or workshops that not
only convey information on a theoretical level, but apply the stipulations of relevant legal
sources and the principles of effective classroom management to educators’ daily
classroom situations in a practical and functional way. A positive approach to discipline and
restorative disciplinary measures that are based on respect and the positive development of
learners are upheld, and various important principles that will promote more effective
classroom management are suggested. / Teacher Education / M. Ed. (Onderwysbestuur)
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The fragility of justice : political liberalism and the problem of stabilityHoward, Jeffrey January 2013 (has links)
Human powers of moral reasoning and motivation are fragile. How should citizens committed to the achievement of liberal justice respond to this fact? This dissertation theorises a class of moral requirements that are central to the practice of liberal democracy but have been recently overlooked by political philosophers: the fortificational duties, which enjoin citizens to design and submit to civic practices that improve both their moral reasoning and the motivational resilience of their sense of justice. It considers the proposition that a conception of justice is unjustified if unlikely to generate its own freely willed maintenance, or stability, in the face of human nature, and it argues that this proposition is false. If justice may face overwhelming resistance unless steps are taken to fortify ourselves against our own fallibility, the right response is to pursue precisely such fortification. Chapter One sketches the orienting ideal of the dissertation: an ideal of a social world in which citizens live together as free and equal. Chapter Two assesses the proposition that we ought to modify or abandon this ideal if we determine that it is unlikely to be freely realised without serious civic or institutional assistance—a move suggested by John Rawls’s “stability test”—and it argues that the candidate arguments for this conclusion fail. The chapter instead argues that citizens are subject to moral requirements to fortify their sense of justice by designing and submitting to measures that increase the likelihood that they will accurately identify and freely comply with their fundamental moral duties. These measures together constitute a liberal democracy’s “stability charter.” Chapters Three to Six explore proposed elements of citizens’ stability charter. Chapter Three discusses the fortification of moral reasoning through democratic deliberation. Chapter Four considers what institutional mechanisms could keep democracy oriented toward the achievement of justice despite human fallibility, and it defends a minimalist conception of judicial review as a case study. Chapter Five argues that the practice of criminal punishment is justified by the duties of wrongdoers to pursue additional fortificational measures in the aftermath of their moral powers’ defective operation. And Chapter Six focuses on the special problem posed to the enduring achievement of justice by “unreasonable citizens” who reject fundamental liberal values. The distinctive contribution of the dissertation lies, firstly, in its novel appropriation of the Rawlsian ideal of stability—reconceiving stability not as a justificatory condition set by reason on our convictions, but as a practical challenge that our own convictions set for us—and, secondly, in its deployment of that insight to motivate novel arguments about the character of democratic deliberation, the limits and role of judicial review, the proper purposes of criminal punishment, and the ideal method of engagement with unreasonable citizens.
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Ordering the mob : London's public punishments, c. 1783-1868White, Matthew Trevor January 2010 (has links)
This thesis explores the crowds that attended London's executions, pillories and public whippings during the eighteenth and nineteenth centuries. It aims to reappraise a literature describing the carnivalesque and voyeuristic nature of popular behaviour, and to trace a continuum in the public's active engagement with the criminal justice system between 1783 and 1868. By employing a range of little used sources to examine the biographical, geographical and social texture of punishment audiences, it details the lives and motivations of the men, women and children who assembled to watch these often brutal events. In the process, this thesis significantly revises our received understanding of the troublesome punishment 'mob', the unruliness and low character of which has been frequently assumed on the basis of uncritical reading of contemporary sources inveighing against plebeian behaviour. It reveals a more stable picture of public participation, and argues that this experience was characterized by the remarkable social diversity and relative good order of the crowd. This study in consequence problematizes teleological narratives of social 'improvement' and a putative 'civilizing process', which have traditionally described the fall of public punishments as a product of changing urban sensitivities. In analysing the crowd's structure and responses to public punishments over time, the thesis demonstrates how popular expectations surrounding older forms of public justice remained essentially unchanged, and continued to speak forcefully to the metropolitan conscience. To explain the undoubted changes in punishment policy in the period, in the absence of a clear teleological narrative of attitudes towards public punishment, the thesis in turn argues that the decline of the pillory, whippings and public executions in London was driven by elite fears regarding mass behaviour, particularly in the wake of the Gordon Riots of 1780, and suggests that public punishments disappeared not because of their dwindling moral relevance or failing penal utility, but as a result of the middle class's increasingly nervous perceptions of urban mass phenomena. The thesis argues that the decline of public punishment did not result from 'squeamishness' about judicial murder and corporal punishment, but from anxiety about the authority and power of the crowd.
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Freedom, enforcement, and the social dilemma of strong altruismDe Silva, Hannelore, Hauert, Christoph, Traulsen, Arne, Sigmund, Karl 04 1900 (has links) (PDF)
Cooperation in joint enterprises poses a social dilemma. How can altruistic behavior be sustained if selfish alternatives provide a higher payoff? This social dilemma can be overcome by the threat of sanctions. But a sanctioning system is itself a public good and poses a second-order social dilemma. In this paper, we show by means of deterministic and stochastic evolutionary game theory that imitation-driven evolution can lead to the emergence of cooperation based on punishment, provided the participation in the joint enterprise is not compulsory. This surprising result - cooperation can be enforced if participation is voluntary - holds even in the case of 'strong altruism', when the benefits of a player's contribution are reaped by the other participants only. (authors' abstract)
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Communicative sentencing : exploring the perceptions of young offenders in the communityNoguera, Stephen Andrew January 2010 (has links)
The purpose of this thesis is to investigate young offenders’ first-hand views of community punishment within the context of the extant literature on communicative theories of sentencing. Fuelled by the traditional marginalisation of young offenders’ views of penal interventions, and drawing upon the qualitative information yielded by fifty semi-structured interviews with 16-18 year old offenders, the study purports to enhance our understanding of the penal messages that punishment communicates to those who experience it. This research initiative is premised on the belief that an empirically-driven research project of this nature can contribute to an improved understanding of the relationship between the youth justice system’s preventive and rehabilitative aims and how offenders themselves perceive the communicative dimensions traditionally attributed to punishment. The Introduction contains the genesis of this investigation and establishes the parameters of the inquiry. Chapter Two analyses the available literature on offenders’ views and argues the case for further research. The third chapter examines the literature on communicative sentencing and anchors the project firmly within the relevant academic debate against which the study’s findings are analysed. Chapter Four contains a detailed account of the methodology employed and prefaces the analysis of findings. While Chapters Five and Six examine the penal messages offenders perceive during sentencing, Chapter Seven explores conceptual issues relating to the communicative functions interviewees ascribed to hard treatment and censure. The next chapter takes cognisance of how offenders conceptualise the penal messages that are transmitted to them during the administration of their sentences. The Conclusion examines the implications of the study’s findings for theory and policy, and proposes a cultural shift from an overly sceptical perspective which does not always afford much value to offenders’ viewpoints, to the creation of a new framework which will allow for greater offender participation.
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Contingency of Parental Rewards and Punishments as Antecedents of Locus of ControlPatterson, David Roy 08 1900 (has links)
The study investigated the relationships between perceived contingency of parental rewarding and punishing behaviors and locus. of control. Scores on Levenson's Internal, Powerful Others, and Chance locus of control scales were correlated with scores on Yates, Kennelly, and Cox's (1975) Perceived Contingency of Rewards and Punishments Questionnaire. Few significant correlations were obtained. Maternal non-contingent reward related negatively and significantly to internality for males. Paternal non-contingent reward related positively and significantly to males' perception of control by powerful others. And paternal contingent reward related negatively and significantly to females' perceptions of control by chance. Results are discussed relative to learned helplessness research interpretations.
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Alternativy nepodmíněného trestu odnětí svobody / Alternatives to unconditional imprisonmentEgerová, Radka January 2014 (has links)
The Master's thesis deals with alternatives to unconditional sentence of imprisonment, the main attention is given to alternative punishments in the strict sense, primarily to conditional sentence of imprisonment, conditional sentence of imprisonment with supervision, community service orders, pecuniary punishment and house-arrest. The study consists of introduction, 8 chapters and conclusion and discusses essential principles and bases of alternative punishments and also analyses substantive and procedural legislation of each alternative punishments in Czech Republic and draws attention to their positives and negatives. The first chapter explains the term "punishment" and describes the basic features of the absolute and the relative theories of punishment and also the purpose of punishment. In the last subchapter the study looks at basic principles that are applied for imposing sentences. Chapter Two and Chapter Three deal with conception of restorative justice that brought a new view to punishing of offenders and which is a starting point for issues of Probation and Mediation. Chapter Three explores the activities of Probation and Mediation Service in Czech Republic as an institution which is also entrusted the power of probation and mediation in the area of criminal law, but not only in this...
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Zákaz mučení v mezinárodním právu / Torture prohibition in international lawKollárová, Tereza January 2012 (has links)
This thesis deals with the prohibition of torture in international law. The prohibition of torture is considered one of the fundamental values of democratic states, it is an absolute right and a part of customary international law and such a rule of conduct from which we can under no circumstances deviate. Although it might seem that this topic is not too current, the opposite is true. The violation of the prohibition of torture is almost worldwide. The inspiration and impetus to select this topic for me was the situation about the U.S. war against terror and torture of prisoners at U.S. military bases. The work is divided into two blocks. The first part is a theoretical question, which aims to define the very concept of torture and other cruel, inhuman and degrading treatment and punishment and their relationship and to map the universal and particular international mechanisms in which the prohibition of torture is established. In this respect, the important document is the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which is the only universal document that provides a precise definition of torture. The aim of the first part was also to describe how the control mechanisms checked in compliance with the prohibition of torture in the world. The second...
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Alternativy k nepodmíněnému trestu odnětí svobody / Alternatives to unconditional imprisonmentVokál, Ondřej January 2014 (has links)
The Alternatives to Unconditional Prison Sentence Goal of this diploma thesis is to give a list of alternative punishments which are meant to be alternatives to unconditional prison sentence. These alternative forms in substantial criminal law are the forms which present specific reaction on crime and are not compound with imprisonment. First chapter contains a historical development of alternative forms of punishments. It deals with origins of penalty in law and in public life. There is mentioned a ground-breaking work of Italian philosopher Cessare Beccaria, the starting of alternatives in the second half of 19th century, theirs crisis during the Second World War and also reborn associated with a movement of restorative justice from the seventies of 20th century. Next chapter which is the main part of this diploma thesis is concerned with alternative punishments. There were chosen to be described these punishments: Suspended sentence based on suspension of imprisonment under the condition of living a proper life. Next one is house arrest which places a convict in his home in the specific time which is set in the judgement. Third alternative punishment included in my thesis is called a Compulsory work and it forces a convict to work without being entitled to a payment. Pecuniary penalty means that...
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