An instrumental defense of a right to do wrong is plausible because we cannot directly intervene in an individual's choices so as to effectively promote that individual's moral good, if her moral good is conceived as being some form of individual autonomy. An epistemic defense is also plausible if we reorient J.S. Mill's epistemological argument for his Harm Principle in "On Liberty" to center on the agent's knowledge, rather than on the interfering observer's knowledge. Restrictions on harmless acts that are imposed because the acts are wrong are only justifiable to that individual if she herself knows that her acts are wrong. Both approaches depend upon the limited subjectivity and fallibility of the agent or interfering observer. Moreover, both approaches make the justification for a right to knowingly do wrong problematic.

At the close of 1946, a year marked by domestic white-on-black violence, Harry S. Truman, in a dramatic move, established the President’s Committee on Civil Rights (PCCR). Five years before, his predecessor Franklin D. Roosevelt had formed the Fair Employment Practices Committee (FEPC), under pressure from civil rights groups mobilized against racial discrimination in the defense industry. The FEPC was the first major federal civil rights legislation since Reconstruction. However, when race riots later erupted in cities across the country in 1943, Roosevelt ignored his staff's recommendation to appoint a national race relations committee. Instead, he agreed to a “maypole” committee, which was, in actuality, a decentralized network of individuals, including Philleo Nash, whose purpose was to anticipate and diffuse urban racial tensions in order to avert further race riots. Superficially, Truman's PCCR seemed to resemble Roosevelt's rather conservative race relations strategy of appointing a committee rather than taking direct action under the authority of the federal government. But, as this project will argue, Truman's PCCR represented a major, historical change in the approach to civil rights that would have a profound effect on activists, such as Dorothy Tilly and Frank Porter Graham, and the movement itself. Where FDR's committees were created to avoid further racial confrontations, Truman’s committee invited and ignited controversy. Its groundbreaking report, To Secure These Rights (TSTR), unequivocally declared the federal government as the guardian of all Americans’ civil rights. In essence, Truman’s PCCR elevated the civil rights dialogue to a national level by recasting the civil rights issue as an American problem rather than just a black-American problem. Moreover, TSTR attacked segregation directly, and challenged the federal government to take the lead by immediately desegregating the armed services. These radical recommendations came only six years after a reluctant FDR formed the FEPC and six and one-half years before the Unites States’ Supreme Court’s landmark ruling, Brown v. the Board of Education of Topeka, Kansas and the ensuing backlash. Thus, Truman’s PCCR and TSTR, in 1947, forged a new “civil rights frontier.”

As a contribution towards the UN Decade for Human Rights Education (1995-2004), this qualitative, comparative policy study investigated the Convention on the Rights of the Child (CRC) within the Scottish and Canadian educational systems. The researcher adopted an inductive, grounded methodology which is argued to be most congruent when building theory is the chief aim (Glaser and Strauss, 1967; Glaser, 2005). During 20 months of fieldwork, 50 key informant interviews were obtained in Geneva, New York, Scotland and Canada. The author contends that postmodern thinking has contributed much towards contemporary childhood research, yet an underlying deconstruction of the CRC constrains theoretical development. To address this breakdown of overarching leitmotifs within the social sciences (Esping-Andersen, 2000), the sociology of human rights is utilised as a conceptual framework (Luhmann, 1965, 1982, 1997; Q'Byrne, 2003; Verschraegen, 2002). Furthermore, through the integration of grounded and autopoietic coding (Glaser, 2005), the interview texts revealed six thematic categories that contradict dominant theoretical approaches in the child rights literature. While descriptive and comparative analyses revealed the study's core category of participation, an interpretive analysis further yielded its core distinction of power. The author argues that Scottish efforts to implement the CRC within educational policies are more widespread than any of those currently underway within Canadian jurisdictions (Mitchell, 2002, 2003a, b). Finally, a grounded systemic child rights model developed from the study's methodological and epistemological integration illustrates how CRC knowledge and power are balanced within and across educational systems (Mitchell, 2005).

published_or_final_version / Public Administration / Master / Master of Public Administration

The bequest of a usufruct to one or more interim usufructuaries for a limited period after the decease of the first usufructuary is often utilised by estate planners to reduce the value of the ceasing limited interest and thus to effect a saving in respect of estate duty. The saving in respect of estate duty is effected due to the fact that - the value of the ceasing limited interest in the estate of the first usufructuary is calculated only over the duration of the period during which the interim usufructuary is entitled to the limited interest and not also over the life expectancy of the ultimate beneficiary, and - that, on the cessation of the interim usufruct due to the efflux of time. no estate duty is payable. The very first reference to this method appeared in an article published in The Taxpayer during 1965. Other authors like Meyerowitz, Silke and Stein and Davis, Beneke and Jooste also referred to this method without analysing it or investigating the legality thereof. All the aforementioned authors relied to a certain extent for their views on a judgment of acting judge Warner in Bassett v Commissioner for Inland Revenue (1 961 4 SA 769 (D)). This dissertation is therefore aimed at investigating the legality of the method and to focus on a few practical aspects regarding the application thereof as an estate planning instrument. An analysis of the wording of the charging clause (section II (a )(1) of the Estate Duty Act and the valuation clause (section 5(1) of the act) has led to the belief that, in considering the validity of the method, it is extremely important to bear in mind the principles applicable to the vesting of testamentary rights. In terms of the valuation clause of the Estate Duty Ad the value of a ceasing limited interest for estate duty purposes is determined by capitalising the annual value of the right of enjoyment of the properly in which the deceased held any such limited interest to the extent to which the person who, upon the cessation of the said interest of the deceased in consequence of the death of the deceased, becomes entitled to any right of enjoyment of such properly. In terms of the charging clause "the person to whom any advantage accrues by the death of the deceased" is liable for the payment of estate duty in respect of the cessation of a limited right. In order to calculate the value of a ceasing limited interest and to determine the liability for payment of estate duty in respect thereof it is necessary to determine (a) the extent to which a successor in title of a deceased in consequence of the death of the deceased has become entitled to any right of enjoyment, and (b) to which person any advantage has accrued by the death of the deceased. After analysing the wording of section 5(1)(b) and section 11(a)(1) the writer has come to the following conclusions: (a) In the case of an interim usufruct the right of enjoyment of the first usufructury has to be capitalised only over the period of currency of the interim usufruct and not also over the life expectancy of the owner of the nuda proprietas. (b) Subsection 5(l)(b) does not make provision for the valuation of an interim usufruct at the termination them due to the efflux of time. (c) Upon the decease of the first usufructuary an advantage as contemplated in section 11(a)(1) accrues to the interim usufructury but not to the owner of the nuda proprietas. (d) On the cessation of an interim usufruct due to the efflux of time there is no person to whom any advantage accrues by the death of a deceased as contemplated in subsection 11 (a)(1), and consequently the owner of the nuda proprietas does not at that stage incur any liability for estate duty. In view of the aforegoing considerations the writer has come to the conclusion that the utilisation of this method does not constitute a contravention the provisions of the Estate Duty Ad. The artificiality of the valuation method prescribed in terms of subsection 5(1)(b) lends itself to reducing the value of a limited interest by interposing a successor for a short period between the deceased and the ultimate beneficiary. It follows therefore that the utilisation of this method does not constitute tax evasion. Where the main consideration for the appointment of an intermediary usufructuary is not so much the possible benefit that may acme to the intermediary as the limitation of estate duty, the application of the method may constitute an avoidance of estate duty. The Estate Duty Act, however, does not contain any general anti-avoidance provision similar to section 103 of the lncome Tax Act. In utilising this method estate planners should therefore bear in mind the possibility that the fiscus may sooner or later introduce an amendment to the Estate Duty Act to close this loophole. / Thesis (LL.M. (Estate Law))--North-West University, Potchefstroom Campus, 2004.

<p>On the assumption that the Bill of Rights in the Malawi Constitution has brought change in the enjoyment of rights by women married under customary family laws, this research study examines its impact on African customary family laws that are discriminatory against women in Malawi. The main focus is on customary family laws governing marriage, divorce, children after divorce, and inheritance in both patrilineal and matrilineal systems of marriages. The extent to which this has been reflected in practice is assessed in the light of women&rsquo / s rights law reforms and courts&rsquo / adjudication of customary family law issues.</p>

The bequest of a usufruct to one or more interim usufructuaries for a limited period after the decease of the first usufructuary is often utilised by estate planners to reduce the value of the ceasing limited interest and thus to effect a saving in respect of estate duty. The saving in respect of estate duty is effected due to the fact that - the value of the ceasing limited interest in the estate of the first usufructuary is calculated only over the duration of the period during which the interim usufructuary is entitled to the limited interest and not also over the life expectancy of the ultimate beneficiary, and - that, on the cessation of the interim usufruct due to the efflux of time. no estate duty is payable. The very first reference to this method appeared in an article published in The Taxpayer during 1965. Other authors like Meyerowitz, Silke and Stein and Davis, Beneke and Jooste also referred to this method without analysing it or investigating the legality thereof. All the aforementioned authors relied to a certain extent for their views on a judgment of acting judge Warner in Bassett v Commissioner for Inland Revenue (1 961 4 SA 769 (D)). This dissertation is therefore aimed at investigating the legality of the method and to focus on a few practical aspects regarding the application thereof as an estate planning instrument. An analysis of the wording of the charging clause (section II (a )(1) of the Estate Duty Act and the valuation clause (section 5(1) of the act) has led to the belief that, in considering the validity of the method, it is extremely important to bear in mind the principles applicable to the vesting of testamentary rights. In terms of the valuation clause of the Estate Duty Ad the value of a ceasing limited interest for estate duty purposes is determined by capitalising the annual value of the right of enjoyment of the properly in which the deceased held any such limited interest to the extent to which the person who, upon the cessation of the said interest of the deceased in consequence of the death of the deceased, becomes entitled to any right of enjoyment of such properly. In terms of the charging clause "the person to whom any advantage accrues by the death of the deceased" is liable for the payment of estate duty in respect of the cessation of a limited right. In order to calculate the value of a ceasing limited interest and to determine the liability for payment of estate duty in respect thereof it is necessary to determine (a) the extent to which a successor in title of a deceased in consequence of the death of the deceased has become entitled to any right of enjoyment, and (b) to which person any advantage has accrued by the death of the deceased. After analysing the wording of section 5(1)(b) and section 11(a)(1) the writer has come to the following conclusions: (a) In the case of an interim usufruct the right of enjoyment of the first usufructury has to be capitalised only over the period of currency of the interim usufruct and not also over the life expectancy of the owner of the nuda proprietas. (b) Subsection 5(l)(b) does not make provision for the valuation of an interim usufruct at the termination them due to the efflux of time. (c) Upon the decease of the first usufructuary an advantage as contemplated in section 11(a)(1) accrues to the interim usufructury but not to the owner of the nuda proprietas. (d) On the cessation of an interim usufruct due to the efflux of time there is no person to whom any advantage accrues by the death of a deceased as contemplated in subsection 11 (a)(1), and consequently the owner of the nuda proprietas does not at that stage incur any liability for estate duty. In view of the aforegoing considerations the writer has come to the conclusion that the utilisation of this method does not constitute a contravention the provisions of the Estate Duty Ad. The artificiality of the valuation method prescribed in terms of subsection 5(1)(b) lends itself to reducing the value of a limited interest by interposing a successor for a short period between the deceased and the ultimate beneficiary. It follows therefore that the utilisation of this method does not constitute tax evasion. Where the main consideration for the appointment of an intermediary usufructuary is not so much the possible benefit that may acme to the intermediary as the limitation of estate duty, the application of the method may constitute an avoidance of estate duty. The Estate Duty Act, however, does not contain any general anti-avoidance provision similar to section 103 of the lncome Tax Act. In utilising this method estate planners should therefore bear in mind the possibility that the fiscus may sooner or later introduce an amendment to the Estate Duty Act to close this loophole. / Thesis (LL.M. (Estate Law))--North-West University, Potchefstroom Campus, 2004.

Corporate Social Responsibility (CSR) has become something of a "buzz word" for many corporations, including those in the Canadian mining sector. This term merits examination with a critical eye, since the strategic uses of voluntary CSR initiatives go far beyond the altruistic desire to improve corporate practices in the areas of human rights and environmental protection. Through a case study of the protest movement against Goldcorp Inc‘s Marlin Mine in Guatemala, I will demonstrate that CSR alone, without a supporting framework of binding and enforceable regulations, is not enough to guarantee the protection of human and community rights in the global south. / Graduate

Originally presented as the author's dissertation (doctoral)--Freiburg/Schweiz, 2007. / Includes bibliographical references (p. 224-258).

Text in Afrikaans / Menseregte is 'n saak wat sedert die Tweede Wereldoorlog met sy grootskaalse vernietiging en chaos internasionaal al hoe sterker op die voorgrond begin tree het. Dit is veral buitelandse, maar ook binnelandse beskuldigings ten opsigte van rassisme en apartheid in ons land wat aanleiding begin gee het tot onderhandelings rakende die uitwerk van 'n handves van menseregte vir alle inwoners hier te lande Die historiese ontwikkeling van menseregte in belangrike Westerse lande, maar ook binne sosialistiese konteks, bied belangrike perspektiewe vir die verstaan van hierdie kwessie. Ongelukkig is die kerk se stem vir baie jare nie oor hierdie aangeleentheid gehoor nie. Ook het die NG Kerk dit beskou as 'n liberale, humanistiese en kommunistiese aanslag teen hulle "Skrifgetroue" lewensiening. Omrede so baie mense hulle besluite in terme van hulle geloofsbeskouing neem, word daar duidelikheid oor die saak gesoek in die Bybelse beskouing van die begrippe geregtigheid, menswaardigheid en vryheid. Sekere hermeneutiese probleme word onder oe geneem sodat die volle waarheid oor hierdie saak aan die orde kan kom. Na aanleiding van bogenoemde gebeure het die regering aan 'n Regskommissie opdrag gegee om 'n akte van menseregte op te stel. Die klem wat hierin op verskillende eerstegenerasieregte gele word ten koste van sekere noodsaaklike sosio-ekonomiese regte, wat vir soveel swart inwoners van ons land so belangrik is, word krities geevalueer. Hierteenoor le die ANC in sy konsep-manifes op realistiese wyse klem op hierdie sogenaamde tweedegenerasieregte en regstellende optrede. Daar word bevind dat di t die mees volledige en toepaslike dokument van sy soort in ons land is, omrede dit vanuit n situasie geskryf is wat deeglik rekening hou met die eiesoortige behoeftes van die Swartes. Die hele kwessie van menseregte waardeur mens teen mens beskerm word, bring oak die kwessie van diere- en plantregte na vore. n Omgewings-poli tieke beskouing wat voorkeur gee aan die sosio-ekonomiese belange van mense ten koste van omgewingsbewaring, word bespreek. Ten opsigte van hierdie sake word die mens deurgaans in die Skrif opgeroep om God in sy optrede teenoor sy medemens, dier en plant te vergestalt / Human rights is a matter which has come strongly to the fore since the Second World War with its wholesale destruction and chaos. It was especially foreign, but also internal accusations of racism and apartheid in our country which gave rise to negotiations to draw up a charter of human rights for all the inhabitants of our country. The historical development of human rights in important Western countries, but also in a socialist context, provides important perspectives for an understanding of the matter. Unfortunately the voice of the church was not heard on this matter for many years. The Dutch Reformed Church has also seen it as a liberal, humanist and communist attack on their "true" scriptural understanding of life. Because so many people make their decisions in terms of their faith, clarity is sought on this matter in the Biblical concepts of justice, human dignity and freedom. Certain hermeneutical problems are considered to arrive at an accurate understanding of the Biblical message. As a result of the above-mentioned chain of events, the government appointed a Law Commission to draw up a bill of human rights. The emphasis in this draft bill of rights which is laid on various first generation rights at the expense of essential socio-economic rights, which are so important to many black inhabitants of our country, is critically evaluated. In contrast, in its proposed bill of rights, the ANC emphasises this so-called second generation rights and affirmative action in a realistic way. It is found that this is the most complete and appropriate document of its kind in our country, because it was written from a situation which thoroughly takes account of the distinctive needs of the Blacks. The whole matter of human rights brings the matter of animal- and plant-rights to the fore. A view on the politics of the environment which prioritizes the socio-economic interests of the people at the cost of nature conservation, is discussed. With regard to these matters humankind is called upon throughout the Scriptures to manifest God in their conduct towards their fellow-man, animals and plants / Philosophy, Practical and Systematic Theology / D. Th. (Teologiese etiek)