Agent-centered restrictions are widely accepted both in commonsense morality and across social and legal institutions, making it all the more striking that we have yet to ground them in a compelling theoretical rationale. This dissertation amounts to an effort to fill that gap by seeking out a new principled basis for justifying such constraints. I devote each of the first three chapters, respectively, to the three established deontological normative ethical theories: Rossian intuitionism, Kantianism, and Neo-Thomism. In each of these chapters, I lay out the relevant portion of the view’s deontological apparatus, analyzing it both for its plausibility as a whole and for its ability to justify constraints of the appropriate shape. After assessing and rejecting all three approaches, I devote the next two chapters to developing a new rationale for grounding constraints—one that avoids the pitfalls indicated in the prominent historical alternatives. Specifically, I anchor constraints in the distinction between the agent-neutral and agent-relative points of view, basing them in the widely accepted psychological fact of the natural independence of the personal point of view.

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Bern, Rer. pol. Diss.

The subject developed in my thesis relates to the "Exclusions from prohibition of quantitative restrictions". The origin of these exclusions can be found in the internal market law and more precisely in the free movement of goods. The free movement of goods is one of the four fundamental freedoms on which is based the internal market of the European Union. The free movement of goods is ensured by removing fiscal and non-fiscal barriers that hinder trade between Member States and which are prohibited between Member States. The fiscal barriers involve the prohibition between Member States of customs duties, all charges having equivalent effect and other fiscal barriers such as internal taxations. The non fiscal barriers involve direct quantitative restrictions which are quotas and bans, as well as measures having equivalent effect to quantitative restrictions (MEE). These non fiscal barriers are prohibited but they can be justified in some cases. Direct quantitative restrictions almost disappeared while measures having equivalent effect to quantitative restrictions may exist in various forms and variations. Measures having equivalent effect on imports are prohibited by the article 34 of the Treaty on the Functioning of the EU. Moreover, measures having equivalent effect on exports are prohibited by...

Magister Scientiae (Physiotherapy) - MSc(Physio) / Stroke is the second leading cause of death globally and the consequences on human and economic health are of major concern. The aim of this study was to determine and explore the participation restrictions experienced by stroke patients. The study populations were stroke patients living within the community in Western Cape, South Africa. A mixed methods approach was used to collect data in this study which consisted of two phases. For the first phase, the descriptive, observational cross sectional design was used to determine the participation restrictions of stroke patients living within the community and the factors associated with community with respect to integration. In this phase, an interviewer- administered questionnaire was used to collect data; the instrument for this study is the standard World Health Disability Assessment Schedule 2.0 (WHODAS 2.0) for disability assessment which includes the International Classification of Functioning Health and Disability (ICF) concept in disability assessment which has been tested and found to be reliable and valid, to determine various participation restrictions among stroke patients living in the society. While in the second phase of this study, two focus group discussions were conducted at the selected community health centre; these participants were conveniently selected from those who participated in the first phase of the study. This was conducted to retrieve in-depth information on difficulties encountered in participating in daily life situations. The Statistical Package for Social Sciences (SPSS) was used for descriptive and inferential statistics. Chi square and Anova t-test was used to determine the association between the demographics statistic and participation restrictions. Alpha level was set at 0.05. For qualitative findings, audiotaped interviews and note taken were transcribed and translated into English; the expressed ideas were coded and reduced into subthemes, themes and categories. Ethical clearance and permission to conduct study was sought, consents from participants were sought, clearly stating the right to participate and withdraw from the study was respected and anonymity and confidentiality has been ensured. The result of the study showed that participants encountered difficulty with cognition, (23.3% of participants reported severe difficulty in learning a new task; 20% reported severe difficulty analyzing and finding solution to day to day activities), mobility (34% acknowledged difficulty walking a long distance like one kilometer after stroke), self-care ( 44% indicated difficulty staying alone for few days after stroke, while the majority, 61% complaints of difficulty with getting dressed by self), getting along with people with the majority of the difficulties (36%) are sexual activities, household activities with major complaints (46.6% and 31.4%, for severity and exemption respectively) in getting needed household work done, severe difficulty (51.7%) reported in relaxation and pleasure after stroke, 50.8% been financially restrained after stroke, 40% with difficulty in joining in the community activities, 39.2% severely affected by people perception towards them and 25.8% of the participants indicated extreme time spent on health; all difficulties investigated within the society 30 days after the incidence of stroke. However, the result of the qualitative phase reported the participation restrictions experienced by the participants. Difficulty in cognition was reported, which promotes indiscipline among family members. Limitation in activity level such as in mobility (walking for a long distance, standing from a sitting position), in self-care (washing the whole body, eating, staying alone after stroke), in getting along (maintaining friendship, sexual activities), in household activities and work activities was reported. Participants experienced difficulty in joining in community activities, emotional fluctuations, poor perception of attitudes of others after stroke, excessive use of time on health conditions, increased financial impact of health condition and burden impact on family was reported. Environmental barriers such as transportation and toilet facilities were reported. The current study findings suggest appropriate and specific programmes should be aimed at improving participation among stroke survivors in the community.

Many observers feel that the Staggers Rail Act of 1980 is responsible for a "renaissance" in the U.S. freight railroad industry. Prior to the passage of the Staggers Act, railroads had to petition for government approval for nearly every business decision. The ability of the railroad industry to enter and exit certain lines of business was strictly controlled, as was the ability of the industry to rationalize their physical plant. The Staggers Act removed most, but not all, of these regulatory restrictions. But this is the popular perception correct? By using a F test to compare a series of regressions, this thesis argues that Staggers did produce a structural change in the industry. Moreover, this thesis asserts that the changes noted in the results are consistent with the view that deregulation has been a success - that the industry is more efficient and that the benefits of deregulation have been shared between the railroads and the public. / Master of Arts

At first sight in copyright, moral rights seem to form a less significant part compared with economic rights. However, new technology has strongly overwhelmed traditional moral rights regime and consequently, inherent but concealed conflicts between moral rights and other legitimate interests have become increasingly prominent. Notwithstanding recognition of moral rights doctrine shows much unevenness both theoretically and in legislation with different jurisdictions in the world, the rush of economic and informational globalization has prompted the convergence of sentiment on moral rights worldwide. There can be no doubt that the essence of copyright, whether moral part or economic part, is to keep a “balance”. How to strike such a balance in moral rights system is thus becoming the main task of this thesis. Drawing from typical countries’ legislation, this thesis applies a restrictive perspective, to depict the picture of a “balanced” moral rights regime to fit in current trend of globalization.

At first sight in copyright, moral rights seem to form a less significant part compared with economic rights. However, new technology has strongly overwhelmed traditional moral rights regime and consequently, inherent but concealed conflicts between moral rights and other legitimate interests have become increasingly prominent. Notwithstanding recognition of moral rights doctrine shows much unevenness both theoretically and in legislation with different jurisdictions in the world, the rush of economic and informational globalization has prompted the convergence of sentiment on moral rights worldwide. There can be no doubt that the essence of copyright, whether moral part or economic part, is to keep a “balance”. How to strike such a balance in moral rights system is thus becoming the main task of this thesis. Drawing from typical countries’ legislation, this thesis applies a restrictive perspective, to depict the picture of a “balanced” moral rights regime to fit in current trend of globalization.

Over the last few decades our society has moved towards restricting where sexual offenders can live, work, and overall congregate. This issue has been the focus of great public attention due to the media's role in bringing these offenders to the light. Whether it is through the news, movies, TV series, books, talk shows, newspapers articles, etc., these offenders are constantly being talked about. Every body of government in the United States has moved towards implementing restrictions that are aimed at keeping sex offenders away from places where they are considered a potential danger. However, what it is not talked about is that in efforts to limit where sex offenders can live and work to ensure the safety of our society; we are isolating these offenders and hindering their reintegration into our society. By isolating sexual offenders from our society we are doing more harm than good because we are discriminating and not working to fit the needs of each individual offender. One size does not fit all. The intent of this thesis is to explore sexual offender legal restrictions, treatment, case law, constitutionality of these laws and to compare Florida's approach towards restriction of sexual offenders with other states. Through the analysis of case law and statutes, recidivism rates, and treatment options this thesis will evaluate what different approaches should be taken towards aiding the reintegration of sexual offenders into our society. This thesis will provide background information on sexual offenders, compare legal restrictions among states, give an analysis of sexual offender websites, and provide recommendations to a better approach in treating sexual offenders. By raising awareness to the unfairness of treatment of sexual offenders, this thesis aims to open a new gateway to determine more successful ways to rehabilitate sexual offenders.

Municipal water suppliers are increasingly faced with implementing programs to address temporary water shortages in the United States. Having reliable estimates for the effectiveness of these programs will help in water supply planning. This dissertation estimates the reductions in residential water-use for voluntary and mandatory water-use restrictions used in Virginia during the 2002 drought. These restrictions were evaluated using both a conventional approach (single-dummy variable for each) and non-conventional approach where program intensity was accounted for. Program intensity was measured by information dissemination for voluntary restrictions, and by information dissemination and enforcement efforts for mandatory restrictions. An unbalanced panel with data from 21 municipal water suppliers was used in the analysis. Under the conventional approach, voluntary restrictions had no significant effect on water-use and mandatory restrictions showed a small to moderate effect. However, program intensity was found to have a significant influence on the magnitude of the water-use reductions in the non-conventional approach. These reductions ranged from 0-7% for voluntary restrictions, and from 0-22% for mandatory restrictions. Moreover, these reductions followed a pattern of increasing program effectiveness with higher levels of information and enforcement. This result indicates that water supply planners need to give considerable attention to the manner in which drought management programs are implemented. Price was also found to have an important effect on residential water-use. A moderate price increase of $3 per 1000 gallons would be expected to reduce water-use by almost 15%. Thus combining mandatory restrictions (implemented at high intensity) with a moderate to high price increase could result in water-use savings approaching 40% based on estimates from this analysis. Other important findings included: a) consumers were responding to a mix of pure marginal price and fixed fees/previous block rates, b) apartment accounts were found to be included in most of the localities residential data and had a significant impact on water-use, and c) the income parameter was measuring more than a pure income effect. / Ph. D.