本研究以「我國司法判決之敘事分析初探―目標可贖回遠期契約(TRF)爭議為例」，聚焦於法庭活動之司法敘事，透過對民事判決書之文本分析，探討原告及被告如何就爭議事件進行對己有利之敘事策略與方式，以及法官如何於判決書中就其認定之法律事實與因果推論撰寫判決。 本研究發現，基於「舉證責任分配原則」及「訴訟書狀撰寫規定」，原告、被告及法官之司法敘事應可區分為「故事」及「論述」二者。其中常見「夾敘夾議」文體，係為認定「法律事實」所作之論述，但常忽略提出具有連貫性且符合邏輯推論之法律事實。 而當法律爭訟發生時，雙方當事人需將自己認定之事實分以「故事」及「論述」讓法官有興趣聽、聽得懂並相信所說為實，如此才能贏得訴訟。因而「敘事」對當事人之攻防與判決書的事實建構益顯重要，司法敘事策略與方式及其意義與價值於焉產生。 / The purpose of this study is to conduct an exploratory analysis on the narratives in Taiwan’s judicial judgments by using examples of dispute cases on Target Redemption Forwards (TRF). Analyses are conducted on texts of civil judgments in order to understand how plaintiffs and defendants respectively develop their strategies and methodologies of narratives for winning cases, and how judges narrate the legal facts that they affirm as causes and consequences in their verdicts. It was discovered in the study that, based on the "principles of distribution of the burden of proof" and the "regulations on the drafting of litigation pleadings," judicial narratives made by plaintiffs, defendants and judges can be classified into two parts, namely "story" and "discourse." A frequently used form of writing, "narration interspersed with comments," is normally made for the purpose to affirm "legal facts." When a legal dispute takes place, the parties concerned are required to provide narratives (stories and discourses) in the court, including interpretation of the facts that they affirm by using relevant evidences. In order to win the case, however, the narrator must ensure that such narratives are interesting, understandable and persuasive to the judges. "Narratives," therefore, play important roles for constructing the facts by the two parties and for preparing the court verdicts. The strategies and methodologies used for judicial narratives are then of significant meanings and values.

God is ontologically omni-present, yet he is spoken of as being present or even being absent. The presence and the absence of God are relational concepts. His presence generally shows his favor and is for the benefit of his people; and his absence indicates his disfavor. But sometimes his presence was for judgment too. The people of God are his people precisely because he is favorably present with them. God’s presence with his people bestows upon them a special position in relation to him, and a blessed future for them. God is Spirit, and his presence is not limited to visible forms. Many times God’s presence is simply indicated by divine speech. We have seen that God chose at times to reveal himself through theophanies, and these appearances related to humans in different ways. God’s presence in Exodus comes in various ways, and his presence has particular significance. Finally, God revealed himself in the person of Jesus Christ of Nazareth. For the Christian, Christ dwells with us and within us by his Spirit and through him we have access to the Father (Eph.1:18). The presence of God is redemptive. Israel was redeemed by the present God, Yahweh; and the Christian has been redeemed by the present God, the Lord Jesus Christ. As Evangelicals we believe that they are one and the same person, and the method of redemption is metaphorically equated in the New Testament. The Christian is empowered by the Holy Spirit and a new creation; two inseparable concepts that give us our identity. While Israel was redeemed as a nation, we are a redeemed people who are individually united in the Church of Jesus Christ; and in our local assemblies we are to maintain and reflect our unity by being a community. As Israel was a nation for the nations, so the Church is a community of witnesses to God’s righteousness and rule for the nations. Humans are to relate to God as Creator and as Redeemer, because they are accountable to him according to his creation and redemption (or re-creation) principles. Accountability is meaningful only in an ethical context. Man relates to God by acts of obedience to his creation and redemption principles. The chief duty of the Church is to make known the available person, purpose and power of God. God’s loving expression is his availability for a relationship with man. His self-revelation and gifts are for our benefit. His creation and creative intentions are for our benefit. His redemption and redemptive intentions are for our benefit. More so, we are accountable for the imperative to perpetuate God’s creation and redemption intentions. If they are expressions of love and intended to benefit, then they are ethical in nature. Our response to God and to creation at large must therefore also be ethical in nature. Our concern in this dissertation is to realize the socio-ethical significance of the Presence in redemption for the people of God, and in particular for the Evangelical Church. Having explored the Exodus texts from a synchronic approach, we have used the final canonical Exodus-narrative of Presence through socio-rhetorical exegesis and theological reflection to derive socio-ethical principles for our contemporary application. These principles are applied for specific contemporary contexts and questions in order to posit ethical social proposals, social responsibility, and social action. We are able to see how our Exodus pericopes were employed in the biblical Old and New Testaments. Their use in the Psalms, the Prophets and the New Testament reflected an authoritative theological interpretation of these Exodus texts for Evangelicals, merely because they are in the Bible. These Scriptural theological interpretations were a warrant for us to seek a theological interpretation of the canonical texts as the platform for socio-ethical interaction. Because we are so far removed temporarily, socio-ethical transfer from then to now was by no means cut-and-dried. Only through theological reflection are we able to derive socio-ethical principles for contemporary application, at least within an Evangelical Ecclesiology. Presence is applied theologically under the categories revelation, redemption and relationship. We are able to show how the principles of revelation, redemption and relationship related God and his people in ways that gave them a special identity as a community that must respond in a special and particular way to God and within itself. The people had to be monotheistic. Their response had monotheistic, ethical implications and social implications. Presence is also applied socially under the categories derived naturally from the Exodus narrative: <ul><li> Israel’s Self-Consciousness as a Community. </li><li> Yahweh’s Presence and the Community’s Redemption. </li><li> Yahweh’s Agent in the Redemption of the Community. </li><li> Counter Forces to the Creation of the Redeemed Community. </li><li> Covenant and Redemption Undergirds Social Identity. </li><li> The Socio-ethical Response of the Redeemed Community. </li><li> Redemption as Social Dialogue. </li><li> Covenant as Societal Establishment. </li><li> Covenant and Societal Conflict. </li><li> Covenant and Societal Self-conscientiousness. </li></ul> Each of these categories is discussed under the same sub-categories, namely, revelation, redemption and relationship. We are able to derive socio-ethical principles in this way; principles which could be applied in an Evangelical ecclesiology. Indeed, the Church is the best social context in which these principles are to be applied, and within that context we are able to derive socio-ethical proposals. The Church is posited as a multiplicity of microcosmic communities, all related to God through Jesus Christ and the Holy Spirit. We are able to make social proposals for the kind of social responsibilities and actions required within the church community. These socio-ethical proposals must emanate from the social vision of the Church, which is theological and eschatological in nature. The Church, as an eschatological community, must serve as an example and vision for society at large, recognizing that society at large also has a different and more complex make-up, and that socio-ethical transfer of Christian principles is not simplistically cut-and-dried. We have to find creative ways to translate the biblical imperative in a contemporary social context. This, we will conclude is only possible because we are able to apply it from and in a narratological context. We can however not simply use the same categories of revelation, redemption and relationship in a socio-ethical application. Ethics in general and social ethics in particular needs to be considered according to categories that were naturally conducive to ethical discourse. But these categories are also to be integrated with the theological categories in such a way that does not strain the ethical discourse. Surprisingly, the ethical categories of God (theological), man (social/political) and land (economic) easily lends itself to be discussed with the sub-categories of revelation, redemption and relationship. In fact, while it is fairly easy to do so under the theological and social/political categories, it is not so easy to distinguish the sub-categories for discussion under economy. We are forced to blur the lines between revelation and redemption on the one hand, and between redemption and relationship on the other. We can obviously not make proposals dealing with every socio-ethical issue. This is not our intention. We are, however, able to provide a socio-ethical vision for the Church, and thus, to a limited extent, for society at large. Because of our socio-ethical vision, it has become necessary for us to sketch the Church as an eschatological people which is a blessing to the world by its functioning in particular roles; as example (salt and light), evangelist, prophetic voice, teacher, agent, facilitator, negotiator, and partner. As example the Church is meant to be a pattern for society. The Church, which founds its indicative and imperative values upon the biblical text, can be a blessed pattern to society. As evangelist, the Church alone has the message of redemption, and it needs to share it with society. The best way for society to change is through regeneration. Our first priority is to extend the Kingdom of God in this world through the message of Jesus Christ and then through our godly influence. As prophetic voice, the Church must make known God’s will and ways. It is mainly a voice that speaks to issues of social justice, social responsibility and social reconstruction. Aspects of oppression, exploitation and other injustices must be condemned, and proposals for redress and reconstruction must be made. The Church must entrench democratic values and be the voice that calls for integrity and accountability. As teacher, the Church’s first place of teaching must be on a theological plane. Theological awareness encourages moral and ethical awareness. In short, they can teach on a whole range of issues that encourages good relationship, both vertically and horizontally. The Church can train leaders of integrity. As agent, the Church can act in society on behalf of Government, business and other organizations who have projects that aim at Christian-likeminded outcomes. Conversely, they can also act as agent for the people and community interests. The Church must be the redemptive agent in society. As facilitators, the Church facilitates important co-operations; with Government, business and other organizations. The Church can facilitate socio-ethical debates, forums, workshops, economic pro-active and ecological and environmental projects. As negotiators and partners, the Church can act on behalf of the poor and the marginalized. The rich and the poor are to act according to the tenets of love and justice. The Church can help inculcate these tenets, and to teach tenets of good work-ethic. The Church must be a redeemed people with redemptive aims; all for the glory of their redeeming God. / Thesis (PhD)--University of Pretoria, 2011. / Old Testament Studies / unrestricted

The letter to the Colossians was written because of a false or heretic doctrine that threatened the absolute reign of Christ and the fullness of his redemptive action; it claimed the necessity of the inclusion of other redemptive practices such as asceticism and participation in ceremonial rites; robbing the believer of his/her freedom in Christ by lessening the fullness of his victory (Col 2:23). In stark contrast to this, Paul accentuates the absolute uniqueness of Christ (Col 1:12-20); assuring the congregation of the fact that they have died with Christ (Col 2:20), and have been resurrected with Him (Col 3:1). With these indicatives, he calls on the believers in Colossi to live new lives of triumph (Col 2:20-4:6). Excepting the introductory paragraph (Col 1:1-12) and the conclusion (Col 4:7-18), the letter is divided into three parts – Colossians 1:13 to 2:5; 2:6-23; and 3:1 to 4:2. The letter can also be divided into a movement in two parts; an indicative or fundamental part, and an imperative or exhortative part. But this division should not become too much of a focus as Paul's Christological declarations are also found in the exhortative part of the letter (Col 3:1-4:6), and ethical imperatives can be identified in the indicative/instructive part of the letter. In the introductory paragraph, the author expresses thanks to God for the faith of the Colossians; and prays that they may do the will of God, whilst growing in faith and the strength to persevere. The author also calls on the congregation to join him in his expression of thanksgiving, as it is God who has enabled them to become heirs of the light and life of his Kingdom. Accordingly, the first part of the letter tells the tale of their coming to faith – through Christ they were ripped from the darkness and placed under His reign. In the Christological confession that follows the precedence of the Son is described – He is the one who has restored peace and has brought about reconciliation between God and man. It is through Christ that the mysteries of God have been revealed; therefore true knowledge of life is to be found only in Christ. This serves as an exhortation for believers to stand firm in their faith, and in this way avoid being misguided by false doctrines. In the second part, believers are requested to live in close connection with Christ, as they died and were resurrected with Him. This identity in Christ should be the decisive factor in their lives, causing them to live a new life with Christ. In the third part, practical examples are given for when living connected to Christ; summed up with the exhortation to say and to do everything in the name of Jesus Christ. Thus, a logical progression can be identified in the letter; beginning with the reality of the Colossians faith and identity in Christ; and leading into a life lived in accordance with this connection to Christ; accentuating the interconnectedness of Christology and ethics. / Thesis (PhD)--University of Pretoria, 2010. / New Testament Studies / unrestricted

Denna tekniska rapport är gjort med två huvudmål. Det ena är att försöka lyfta fram vilka skillnader och likheter som finns mellan hur Statens vegvesen i Norge och Trafikverket i Sverige genomför kostnadsberäkning för sina vägprojekt. Det andra huvudmålet är att försöka analysera ett antal utvalda vägprojekt i Norge för att kunna göra konklusioner på hur bra kostnadsberäkningarna stämmer med verkliga kostnader. Det presenteras en beskrivande del för att ge läsaren en teoretisk bakgrund för att förstå metoden respektive organ använder för sina kalkyler. Ut ifrån detta blir skillnader och likheter diskuterat. En analyserande del tar läsaren genom den analys som är gjort för att göra slutsatser om hur de verkliga kostnaderna ser ut jämfört med de på förhand kalkylerade kostnaderna. Alla slutsatser presenteras avslutningsvis tillsammans med vidare rekommendationer. / This technical report is done with two main goals. The first is to try to highlight the differences and similarities between the methods for costing that Statens vegvesen in Norway and Trafikverket in Sweden use for their road projects. The second goal is to try to analyze a number of selected road projects in Norway in order to make conclusions about how well the calculated costs are compared to the actual costs. The report contains a describing section in purpose to give the reader a theoretical background for understanding the methods for costing. From this theoretical part the differences and similarities are discussed. An analytical part takes the reader trough the analyze that is done of the Norwegian projects in order to make conclusions about how well the real costs are compared to the pre-calculated costs. All of the findings and conclusions are presented in the end of the report together with further recommendations.

Depuis leur expulsion de la Terre sainte après la destruction du Second Temple (70 C.E.), les Juifs ne cessèrent d'espérer y retourner. Au fil des siècles, se développèrent plusieurs mouvements d'immigration (l'ʼaliyāh) motivés souvent par des aspirations millénaires. Les plus marquants sont ceux de Tossaphistes de France et d'Angleterre durant le XIIIème siècle, et par la suite de Juifs d'Espagne qui immigrèrent en Terre sainte après l'expulsion de 1492. En 1700, Rabbi Juda ha-Ḥasid (1660-1700) organisa une ʼaliyāh collective en provenance d'Europe de l'Est, dirigée vers Jérusalem. Plus tard, à partir de 1760 se formèrent plusieurs mouvements d' ʼaliyāh tant de disciples de Rabbi Israel Baal Shem Tov (1690-1760) - les ḥasidim, que ceux de Rabbi Eliyahu- le Gaon de Vilna (1720-1797)- les pĕrūšīm. La première partie de cette étude analyse les motivations de ces mouvements, et met en lumière la doctrine rédemptrice du Gaon de Vilna à travers une recherche originale de sa biographie et de ses ouvrages novateurs. Dans sa deuxième partie, elle analyse comment les disciples du Gaon mirent en pratique en Terre sainte les enseignements de leur maître. Afin de saisir la portée de leurs actions, il est nécessaire de comprendre le contexte géopolitique de l'Empire ottoman et de la Palestine du début du XIXème siècle, ainsi que la particularité des Capitulations régissant le statut des étrangers. Cette étude montre comment les pĕrūšīm surent agir de façon efficace et très innovante face aux problèmes majeurs de l'implantation juive en Terre d’Israël, notamment en ce qui concerne les relations avec le pouvoir ottoman local et avec les représentants des Puissances et les consuls européens, le développement économique et la création d'un système scolaire nouveau. / Since their expulsion from the Holy Land after the destruction of the Second Temple (70 C.E.), the Jews did not cease to hope to return. Over the centuries, immigration movements (Aliyot) grew, often motivated by millennia aspirations. The most notable are those of the Tossafists of France and England during the 13th century, and later, the Jews of Spain who immigrated to the Holy Land after the expulsion of 1492. In 1700, Rabbi Judah ha-Hasid (1660-1700) organized a collective Aliyah from Eastern Europe to Jerusalem. Later, from 1760, several Aliyah movements emerged such as the immigration of the disciples of Rabbi Israel Baal Shem Tov (1690-1760), known as the Hasidim, and of the disciples of Rabbi Eliahu, the Vilna Gaon (1720-1797), known as the Perushim. The first part of this study analyzes the motivations of these movements, and highlights the redemptive doctrine of the Vilna Gaon through original research on his biography and his innovative works. In its second part, the study analyzes how the Gaon's disciples put the teachings of their master into practice in the Holy land. To grasp the significance of their actions, it is necessary to understand the geopolitical context of the Ottoman Empire and Palestine from the early 19th century, and the particularity of the "Capitulations" governing the status of foreigners. This study shows how the Perushim knew how to act effectively and very innovatively concerning the major challenges which the Yishuv, the Jewish settlement, faced. Among the areas of activity in which the disciples of the Gaon involved themselves were the relations with the ottoman local government and with representatives of the Powers, economic development and the creation of a unique educational system.

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