No abstract available / Dissertation (LLM)--University of Pretoria, 2012. / Mercantile Law / unrestricted

A la faveur d'un accroissement de la répression et de l'introduction des techniques de managérialisation (telles que la comparution sur reconnaissance préalable de culpabilité) au sein de l'institution judiciaire, les magistrats des juridictions lyonnaise, roannaise et stéphanoise adoptent des pratiques standardisées en matière de répression de la délinquance routière. Cette apparition d'un modèle managérial et standardisé du traitement de la délinquance routière, privilégiant une réponse pénale systématique, rapide, normée et sévère, redéfinit le cadre de travail de tous les acteurs de la chaîne pénale, en l'occurrence des forces de l'ordre, des parquetiers, des juges et des avocats. Plus précisément, remettant en cause les principes d'individualisation de la peine et d'autonomie propre à la profession de magistrat, les parquetiers et, par effet domino, les juges alignent leurs pratiques sur les prescriptions ministérielles qui sont de plus en plus répressives. Ce travail montre que la déclinaison de la politique pénale en matière de délinquance routière au niveau local est le produit d'une action top-down, traduisant un «Etat en action » et non pas en « interaction ». La politique pénale de sécurité routière et le traitement de la délinquance routière restent plus que jamais des secteurs régaliens dans lesquels l'Etat veut réaffirmer son leadership. / As a consequence of the increase in repression and of the implementation of management standards(such as the plea bargaining) in Justice, the substitutes of the prosecutor and the judges adopt standardized practices as regards repression of the road delinquency in Lyon, Roanne and Saint-Etienne. The implementation of management standards as regards the road delinquency, privileging systematic and fast penal answer, redefines the framework of ali the actors of the criminal justice system (police, substitutes of the prosecutor, judges and lawyers). More precise! y, the substitutes of the prosecutor and the judges put into question fundamental principles such as individualized judgments and autonomy. They align their practices on the ministerial directives, which are increasingly repressive. This work shows that the variation in criminal policy as regards road delinquency at the local leve! is the product of a top-down action, translating a "State into action" and not in "interaction". The cri minai policy of road safety and the treatment of road delinquency remain sectors in which the State wants to reaffirm its leadership.

The aim of this study is to further establish the validity and reliability of the Dula Dangerous Driving Index (DDDI). The reliability and validity of the instrument was investigated by comparing data from a US university sample, a US community sample, and a sample of Belgian traffic offenders. Exploratory and confirmatory factor analysis supported the presence of a four-factor structure with items for Drunk Driving forming a separate scale apart from items for Risky Driving, Negative Cognitive/Emotional Driving and Aggressive Driving. A multi-group confirmatory factor analysis with model constraints supported the validity of the DDDI. Inter-correlations revealed that the DDDI subscales are closely interrelated and uni-dimensionality of the measure was found in all three samples. This suggests the DDDI Total score can be used as a composite measure for dangerous driving. However, the validity of the subscales was demonstrated in the Belgian sample, as specific traffic offender groups (convicted for drunk driving, aggressive driving, speeding) scored higher on corresponding scales (Drunk Driving, Aggressive Driving, and Risky Driving, respectively), indicating that it is clinically meaningful to differentiate the subscales.

Magister Legum - LLM / If a company is harmed by the behaviour of a director as a result of financial misstatements, shareholders may suffer the economic consequences in the form of a diminution in the value of their shares. Failure on directorship level in these circumstances has on more than one occasion resulted in aggrieved shareholders seeking to recover damages suffered and losses incurred in terms of section 218(2) of the Companies Act 2008. This was the situation in the recent cases, Hlumisa Investment Holdings (RF) Limited v Kirkinis and in Itzikowitz v Absa Bank Limited. While I am unaware of any reported case arising from the much-publicised Steinhoff scandal, there appear to be moves in the direction of court action to recover pure economic loss. Steinhoff shareholders are seeking to hold the retail group‘s directors to account. Scandals like Steinhoff and African bank are disturbing because it points to a lack of clarity and certainty in South African company laws in respect of director‘s personal liability in these circumstances. It is for this reason that this study investigates whether shareholders can institute personal liability claims against directors for causing shareholders a diminution of the value of the shares in the company as a result of poor decision making on directorship level, since such a loss is merely reflective of the company‘s loss. Although, after Itzikowitz v Absa Bank Limited, the position seems to be settled in our law, we still have incidences where shareholders are seeking to hold directors personally liable for the diminution in share price under section 218(2) of the Companies Act 2008. It is for this reason that the study explores the scope of section 218(2) and investigates many related questions surrounding section 218(2), in light of directors‘ personal liability and shareholder protection.

Adolescent reckless behavior is a major concern for society because it leads to the three most common causes of mortality for this age group. Body image and self-esteem have been proposed as constructs that have an effect on adolescents’ participation in reckless behavior. Self-esteem, however, has been garnering criticism in recent years for promoting narcissism and downward social comparison with others. Self-compassion is an alternative to self-esteem that focuses on accepting oneself and having feelings of common humanity. This report proposes a study that would measure reckless behavior in adolescents, and look at the effect self-compassion, self-esteem, and body image has on it. In addition, self-compassion will be examined to see if it moderates the effect body image has on self-esteem. / text

Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2017-10-03T12:33:04Z No. of bitstreams: 1 Adriana Freisleben de Zanetti.pdf: 1139054 bytes, checksum: acc0cc333c5f39f2835d79108711c0dd (MD5) / Made available in DSpace on 2017-10-03T12:33:04Z (GMT). No. of bitstreams: 1 Adriana Freisleben de Zanetti.pdf: 1139054 bytes, checksum: acc0cc333c5f39f2835d79108711c0dd (MD5) Previous issue date: 2017-09-20 / Closed private pension entities, in Brazil also known as “pension funds”, integrate the voluntary complementary private pension system. Unlike opened entities, that operate based on profit objective, closed private pensions entities are prohibited by law to obtain profits. In this way, closed private pension entities are assets directly linked to the scope of paying the contracted social security benefits. To correctly reach their scope, closed private pension entities must be well managed. Risks related to assets and liabilities should be taken account into, by elaborating the entity’s actuarial and financial premises and goals. Risk is a key point to be considered, especially after the dimension it has taken in the risk society. The asset and liability management model to be adopted by closed private pension entities must be based on practices that reduce the risks that pension funds face, with the aim of diminishing correlated threats that could lead to entity’s crash. Reckless management in pension funds occurs when entities’ administrators act unwary of prudent person rule standards and are heedless of the conservative measures destined to maintain the balance between the entities’ assets and liabilities. However, the concept of reckless management in pension funds cannot be established a priori, since it depends on further legal statutes integration to judge the entities’ administrators deportment as contrary to the rule of law / As Entidades Fechadas de Previdência Complementar (EFPC), conhecidas como “fundos de pensão”, integram a previdência privada complementar. Ao contrário das entidades abertas, que têm por escopo a finalidade lucrativa, os fundos de pensão são proibidos de obter lucro, consistindo em acervos patrimoniais afetados ao pagamento de benefícios previdenciários. Para o correto cumprimento de sua finalidade, os fundos de pensão devem ser bem administrados, tanto em relação ao ativo, quanto em relação ao passivo. Sobre ambos os aspectos incide o elemento risco, que deve ser devidamente ponderado e considerado quando da elaboração das metas financeiras e atuariais das entidades. O risco constitui elemento de relevo, pela dimensão que toma na atual “sociedade de risco”. Assim, o modelo de gestão adotado pelas EFPC deve ser embasado em práticas que reduzam as ameaças com potencialidade de desequilibrar a solidez dos planos, de modo a manter a adequação das premissas financeiras e atuariais à massa de participantes e beneficiários. Gerir temerariamente entidades fechadas de previdência complementar significa agir de modo desviante dos padrões de prudência adequados às especificidades, investimentos e metas de um plano de benefícios, ação essa capaz de implicar ofensividade material e objetivamente provável à segurança dos contratos. Porém, a aferição da temeridade da gestão não é algo que possa constar estabelecido, de modo fechado, a priori, eis que depende de uma série de integrações normativas para que o desvalor da conduta do administrador possa ser enquadrado no adjetivo temerária

College students and emerging adults have been found to be at risk for smoking cigarettes, drinking to excess, using illicit drugs, driving dangerously, and engaging in risky sexual and delinquent behaviour. Psychosocial correlates (Sensation Seeking, peer behaviour, parent behaviour, and peer and parent anti-substance use messages) from three domains of influence (personality, parent, and peer) were examined together to provide a greater context for the occurrence of such health-risk behaviours. The strongest predictor(s) of each behaviour were identified to better inform intervention practices. Three groups were compared— 1) those who never tried substances, 2) those who tried substances in the past, and 3) those who continue to use substances at present, in a population of emerging adults. Self-report data was gathered from 203 Collèges d'Enseignement Général Et Professionnel (CEGEP) students in the Montreal region. Measures included: Reckless Behaviour Questionnaire, Reckless Driving Measure, Health Behaviour Survey, Sensation Seeking Scale—Form V, and the Marlowe-Crowne Social Desirability Scale. Results revealed that peer behaviour was the most significant predictor of substance use in emerging adults, whereas parent behaviour was only a significant predictor of reckless driving. Sensation Seeking, specifically Disinhibition, was found to predict more global reckless behaviours, including illegal activities, such as stealing or using marijuana (p < .01). Neither peer nor parent anti-substance messages were significantly related to any of the health-risk behaviours measured in this study. It would appear that health-risk behaviours tend to be related to the same underlying factors but to varying degrees. Intervention implications are discussed.

College students and emerging adults have been found to be at risk for smoking cigarettes, drinking to excess, using illicit drugs, driving dangerously, and engaging in risky sexual and delinquent behaviour. Psychosocial correlates (Sensation Seeking, peer behaviour, parent behaviour, and peer and parent anti-substance use messages) from three domains of influence (personality, parent, and peer) were examined together to provide a greater context for the occurrence of such health-risk behaviours. The strongest predictor(s) of each behaviour were identified to better inform intervention practices. Three groups were compared— 1) those who never tried substances, 2) those who tried substances in the past, and 3) those who continue to use substances at present, in a population of emerging adults. Self-report data was gathered from 203 Collèges d'Enseignement Général Et Professionnel (CEGEP) students in the Montreal region. Measures included: Reckless Behaviour Questionnaire, Reckless Driving Measure, Health Behaviour Survey, Sensation Seeking Scale—Form V, and the Marlowe-Crowne Social Desirability Scale. Results revealed that peer behaviour was the most significant predictor of substance use in emerging adults, whereas parent behaviour was only a significant predictor of reckless driving. Sensation Seeking, specifically Disinhibition, was found to predict more global reckless behaviours, including illegal activities, such as stealing or using marijuana (p < .01). Neither peer nor parent anti-substance messages were significantly related to any of the health-risk behaviours measured in this study. It would appear that health-risk behaviours tend to be related to the same underlying factors but to varying degrees. Intervention implications are discussed.

College students and emerging adults have been found to be at risk for smoking cigarettes, drinking to excess, using illicit drugs, driving dangerously, and engaging in risky sexual and delinquent behaviour. Psychosocial correlates (Sensation Seeking, peer behaviour, parent behaviour, and peer and parent anti-substance use messages) from three domains of influence (personality, parent, and peer) were examined together to provide a greater context for the occurrence of such health-risk behaviours. The strongest predictor(s) of each behaviour were identified to better inform intervention practices. Three groups were compared— 1) those who never tried substances, 2) those who tried substances in the past, and 3) those who continue to use substances at present, in a population of emerging adults. Self-report data was gathered from 203 Collèges d'Enseignement Général Et Professionnel (CEGEP) students in the Montreal region. Measures included: Reckless Behaviour Questionnaire, Reckless Driving Measure, Health Behaviour Survey, Sensation Seeking Scale—Form V, and the Marlowe-Crowne Social Desirability Scale. Results revealed that peer behaviour was the most significant predictor of substance use in emerging adults, whereas parent behaviour was only a significant predictor of reckless driving. Sensation Seeking, specifically Disinhibition, was found to predict more global reckless behaviours, including illegal activities, such as stealing or using marijuana (p < .01). Neither peer nor parent anti-substance messages were significantly related to any of the health-risk behaviours measured in this study. It would appear that health-risk behaviours tend to be related to the same underlying factors but to varying degrees. Intervention implications are discussed.

College students and emerging adults have been found to be at risk for smoking cigarettes, drinking to excess, using illicit drugs, driving dangerously, and engaging in risky sexual and delinquent behaviour. Psychosocial correlates (Sensation Seeking, peer behaviour, parent behaviour, and peer and parent anti-substance use messages) from three domains of influence (personality, parent, and peer) were examined together to provide a greater context for the occurrence of such health-risk behaviours. The strongest predictor(s) of each behaviour were identified to better inform intervention practices. Three groups were compared— 1) those who never tried substances, 2) those who tried substances in the past, and 3) those who continue to use substances at present, in a population of emerging adults. Self-report data was gathered from 203 Collèges d'Enseignement Général Et Professionnel (CEGEP) students in the Montreal region. Measures included: Reckless Behaviour Questionnaire, Reckless Driving Measure, Health Behaviour Survey, Sensation Seeking Scale—Form V, and the Marlowe-Crowne Social Desirability Scale. Results revealed that peer behaviour was the most significant predictor of substance use in emerging adults, whereas parent behaviour was only a significant predictor of reckless driving. Sensation Seeking, specifically Disinhibition, was found to predict more global reckless behaviours, including illegal activities, such as stealing or using marijuana (p < .01). Neither peer nor parent anti-substance messages were significantly related to any of the health-risk behaviours measured in this study. It would appear that health-risk behaviours tend to be related to the same underlying factors but to varying degrees. Intervention implications are discussed.