Submitted by Silvana Teresinha Dornelles Studzinski (sstudzinski) on 2016-06-10T15:58:51Z No. of bitstreams: 1 Anderson Bellini Aloisio_.pdf: 1251973 bytes, checksum: 34cba46a9d25bfc025b743f41ca27f15 (MD5) / Made available in DSpace on 2016-06-10T15:58:51Z (GMT). No. of bitstreams: 1 Anderson Bellini Aloisio_.pdf: 1251973 bytes, checksum: 34cba46a9d25bfc025b743f41ca27f15 (MD5) Previous issue date: 2015-06-30 / Nenhuma / O presente trabalho, através de um corte horizontal que atravessa dois núcleos teóricos distintos, pretende demonstrar a possibilidade da existência de sanções puramente processuais, bem como a sua adequação a um modelo de processo condizente com um Estado Democrático de Direito, permeado por valores constitucionais. Para tanto, realizamos um estudo de teorias sobre o comportamento humano de forma a obtermos informações de como as sanções podem influir sobre o processo de decisão e obter o comportamento desejado dos cidadãos (cumprimento do preceito). Após, revisitamos as teorias clássicas sobre processo, de modo a reafirmar a sua autonomia, mas não só isso, demonstrando que há ainda, uma reminiscência das amarras do direito material que ainda atrelam o processo como um mero instrumento ou uma mera técnica para a concretização do direito material já posto na Lei. Após reafirmarmos – ou propormos – a definitiva e derradeira separação do processo do direito material, concluímos que o processo passa a ser visto como um espaço para a construção da solução do caso concreto, espaço este que deve ser permeado por fortes obrigações éticas e de deveres de conduta impostos aos litigantes, deveres cujo cumprimento se dá de forma independente dos deveres impostos pelo direito material. São regras processuais – autônomas – que merecem cumprimento de per si. E como tal, necessitam sanções que lhe garantam o cumprimento: as sanções processuais. Por fim, por acreditarmos firmemente que o Direito não deve jamais olvidar da sua dimensão operável, tratamos, no capítulo final do presente trabalho, de aplicar os conceitos teóricos antes expostos. Para tanto, descemos até as minúcias legislativas, de modo a demonstrar a forma como operam – ou deveriam operar - na prática, os postulados teóricos antes mencionados. A fim de melhor demonstrar tal aplicação, focamo-nos em demonstrar como os postulados teóricos atuariam na aplicação das astreintes cuja escolha se deu em razão de ser a sanção processual mais árdua de ser estudada, em razão de fortíssimos elementos informativos derivados do direito material que sobre a mesma atuam. Assim, nossa escolha pelas astreintes se deu justamente diante da dificuldade do seu trato como sanção exclusivamente processual, sendo fácil transpor os conceitos aqui propostos para as demais sanções processuais, as quais não sofrem da mesma sorte de complexidade teórica que as astreintes possuem. O presente trabalho se insere na Linha de Pesquisa n. 1, da Universidade do Vale do Rio dos Sinos – UNISINOS, qual seja, Hermenêutica, Constituição e Concretização de Direitos. / Through a horizontal approach crossing two different theoretical matrixes, this work has the objective of showing the possibility of existing purely procedural sanctions, as well as their appropriateness to the “process” model in line with a democratic State governed by the rule of Law, according to constitutional values. In order to achieve this we have made a study on theories regarding human behavior to obtain information on how the sanctions may have influence on the decision process and obtain the desired behavior by citizens (obedience of legal precepts). After this we have re-analyzed the classic theories on the process in order to reassure its autonomy and also demonstrating that there is reminiscence of ties with the substantive rights that still harness the process as a mere instrument or a mere technique for attainment of the substantive rights already established by Law. After restating – or proposing – the definitive and ultimate separation of the substantive rights/process/procedure, we have concluded that the process turns to be seen as a space for development of the solution for the case, space which has to include strong ethical obligations and behavioral duties imposed to the litigants. The fulfillment of these duties is made independently of the duties imposed by the substantive rights. They are procedural rules – autonomous – which “per se” are to be fulfilled and as such they need sanctions to assure the corresponding fulfillment: the procedural sanctions. Finally, as we strongly believe that the Law should never disregard its operational range, in the last chapter of this work we have applied the theoretical concepts mentioned before. For this purpose we have narrowed down to legislation details in order to demonstrate, in the practice, how the theoretical postulates mentioned before operate – or should operate. In order to demonstrate such application, we have focused in demonstrating how the theoretical postulates would act in the application of astreintes. This choice was made because it is the most difficult procedural sanction to be studied due to the very strong informative elements deriving from the substantive rights. Therefore, our choice for astreintes was made precisely for considering the difficulties in treating it as an exclusive procedural sanction, being then easy to pass the concepts proposed here to other procedural sanctions, which are not under the same theoretical complexity as the astreintes. This work is part of the Research Line n. 1, of the Universidade do Vale do Rio dos Sinos - UNISINOS, namely, Hermeneutics, Constitution and Implementation of Rights.

近年來政府大力推動行政革新、政府再造等工作,然綜觀其所採行之相關措施仍以工具理性為導向，忽略了實質理性的重要性,主客分離互易的結果,產生"異化"問題，對於國家整體生產力將造成負面影響，因此，研究官僚組織的異化問題,實為政府推動種種革新措施的首要之務。 異化論具有宗教的涵義，其後之黑格爾、費爾巴哈、馬克思、盧卡奇、馬庫色等人對此概念均有所論述，近代學者更進一步將此概念應用於官僚組織的經驗研究，以期能對官僚組織的異化問題有更深入的了解與認識，本文乃對異化論及其應用於官僚組織的相關研究予以探析及介紹，並藉此研究、探討官僚組織的異化問題。 目次 第一章 緒論 第一節 研究動機與目的 第二節 研究問題與重要名詞釋義 第三節 研究方法與流程 第四節 研究範圍與限制 第二章 相關理論及文獻探討 第一節 異化論探析 第二節 官僚組織理論探析 第三節 異化論、官僚組織理論的相關研究 壹 異化論的相關研究 貳 官僚組織理論的相關研究 第四節 官僚組織異化問題的相關研究 第三章 研究設計與實施 第一節 研究架構與假設 第二節 研究工具與前測 第三節 研究對象、樣本選取與研究實施過程 第四節 資料處理與統計分析方法 第四章 研究調查結果分析與討論 第一節 樣本結構分析 第二節 公務人員不同個人特質異化情形的差異性分析 第三節 行政官僚組織各面向與公務人員異化各面向間的相關分析 第四節 行政官僚組織整體面向對公務人員異化的綜合影響 第五章 研究發現與建議 第一節 研究發現 第二節 研究建議 參考書目 附錄一 附錄二 / Our government has been wholly absorbed in reinventing task recently. But trying to make a through inquiry, it's not difficult for us to find that it was mainly emphasizing on instrumental rationality, losing sight of substantive rationality. And owing to overlooking substantive rationality , it may result in alienation which will do more harm than good to the productivity of our government. Therefore, the research of alienation in the bureaucracy should be the most important job we ought to do. Alienation has religious implication. Hegel、Feuerbach、Marx、Luck'acs、Marcuse used to discuss it , and modern scholars further apply it to the research of bureaucracy. This research will illustrate the alienation theory and it's application to bureaucracy to understand the alienation problem of Taiper City Government bureaucracy.

Enligt läroplanen ska alla elever bli tillgodosedda det svenska språket och dess uppbyggnad genom undervisning. Vi fann det då intressant att utforma en gemensam lektionsplanering som skulle varieras utifrån tre olika teoretiska positioner, socialkonstruktivismen, individkonstruktivismen och behaviorismen. Vidare valdes att utgå ifrån ett lärandeobjekt, substantiv med inriktning på obestämd och bestämd form, i singular och plural form. Dessutom ska studien visa hur elevernas kunskapsutveckling ser ut efter genomförd undervisning, det gjordes genom skriftliga tester. De tre elevgrupper som ingick i studien var elever i årskurs 2, årskurs 2-3 och årskurs 3. Resultatet av studien visar att elevernas kunskapsutveckling har påverkats av den undervisning de fått ta del av. Vi fann även att det inte finns någon optimal undervisningsmetod. För att gynna flertalet elever är en variation av undervisningen betydelsefull. / According to the Swedish curriculum, all pupils shall through teaching learn theSwedish language and its structure. With this as a background, we found it interesting toprepare a lecture planning that was to be varied on the basis of three different theoreticalpositions, socialconstructivism, individualconstructivism and behaviourism. Ateachingobject was also chosen. The teaching object that was selected was substantive,both in irregular and regular form, and in singular and plural form. Furthermore, thestudy aims to illustrate the pupils’ knowledge development after carried out teaching.The development was shown through three written tests. The three groups of pupils thattook part in the study were pupils in second grade, second- third grade and third grade.The result of the study shows that the knowledge developments of the pupils have beenaffected by the teaching they have participated in. Something that crossed our mindsthroughout this study was that there are no optimal methods of teaching. Since all pupilsare unique and learn differently, a variation of teaching methods are of big importance.

No description available.

<p>Enligt läroplanen ska alla elever bli tillgodosedda det svenska språket och dess uppbyggnad genom undervisning. Vi fann det då intressant att utforma en gemensam lektionsplanering som skulle varieras utifrån tre olika teoretiska positioner, socialkonstruktivismen, individkonstruktivismen och behaviorismen. Vidare valdes att utgå ifrån ett lärandeobjekt, substantiv med inriktning på obestämd och bestämd form, i singular och plural form. Dessutom ska studien visa hur elevernas kunskapsutveckling ser ut efter genomförd undervisning, det gjordes genom skriftliga tester. De tre elevgrupper som ingick i studien var elever i årskurs 2, årskurs 2-3 och årskurs 3. Resultatet av studien visar att elevernas kunskapsutveckling har påverkats av den undervisning de fått ta del av. Vi fann även att det inte finns någon optimal undervisningsmetod. För att gynna flertalet elever är en variation av undervisningen betydelsefull.</p> / <p>According to the Swedish curriculum, all pupils shall through teaching learn theSwedish language and its structure. With this as a background, we found it interesting toprepare a lecture planning that was to be varied on the basis of three different theoreticalpositions, socialconstructivism, individualconstructivism and behaviourism. Ateachingobject was also chosen. The teaching object that was selected was substantive,both in irregular and regular form, and in singular and plural form. Furthermore, thestudy aims to illustrate the pupils’ knowledge development after carried out teaching.The development was shown through three written tests. The three groups of pupils thattook part in the study were pupils in second grade, second- third grade and third grade.The result of the study shows that the knowledge developments of the pupils have beenaffected by the teaching they have participated in. Something that crossed our mindsthroughout this study was that there are no optimal methods of teaching. Since all pupilsare unique and learn differently, a variation of teaching methods are of big importance.</p>

No description available.

The effectiveness of the Environmental Impact Assessment process has been questioned by its critics both locally and internationally, as there is a perception that EIA process is merely a rubber stamping exercise. The objective of this study was to determine whether or not the relevant provincial authorities in South Africa have issued EIA refusals and if so what the main reasons for refusal were. Both Basic Assessment and full EIA processes were considered. Access to the EIA refusals from the various provincial environmental departments and environmental consultants was limited. Only seventeen EIA refusals were received after extended requests over a 12-month period, after which each of these were analysed. The reasons for the EIA refusals encountered in this study have been categorised into seventeen sub-classes relating to the following environmental issues: site location, socio-economics, land use/zoning, lack of justification, Spatial Development Framework (SDF), biodiversity, incompleteness of information, legislation discouraging development, visual/noise impacts, lack of alternatives, services issues, cumulative effects, groundwater, waste, specialist studies, gross non-compliance and air pollution. It is important to note that an EIA application could potentially have more than one screening trigger, and therefore it is possible that the percentages explained in this study can add up to more than 100%. The highest number of the EIA refusals’ screening triggers (8 of 17 = 47.06%) were found to be due to the transformation and rezoning of undeveloped or vacant land, and 5 of 7 (71.4%) of those particular EIA refusals were attributed to applications for residential development. Biodiversity and ecological sensitivity of the site location, as well as construction of infrastructure were next on the scale, with three (17.65%) EIA refusal screening triggers each. Finally, concentration of animals for production and storing and handling of hazardous substances both had two (11.76%) screening triggers. Only one EIA refusal did not include any substantive reasons for refusal and was refused on purely procedural grounds. The lack of justification of the development, lack of technical information and inadequate alignment with future spatial planning also constituted reasons for negative authorisations. From the results it was evident that although it is usually the procedural issues that hinder EIA, this study encountered many substantive issues, making up the majority of the reasons for EIA refusal here. This goes against international opinion that EIAs are usually turned down due to lack of adherence to process. Other findings from this study of particular interest include that no database is maintained for the number and reasons of EIA refusals that are processed, only for those that are authorised. It was also found that there were provinces that have never issued an EIA refusal. Furthermore, it was interesting to note that the reasons given in the findings for the analysed EIA refusals did not necessarily correlate with the screening triggers. / Thesis (Master of Environmental Sciences)--North-West University, Potchefstroom Campus, 2012.

In education a new dimension started after the 1994 elections by implementing new legislation to ensure fair conduct towards all. New labour legislation was promulgated to contribute to fairness in South Africa. This legislation was also implemented in the South African education system to ensure that educators are treated fairly. The Employment of Educators Act (EEA), the Labour Relations Act (LBA), the Equity Act and the South African Schools Act (SASA) were promulgated to protect both the rights of the employer and the educator in education. The purpose of this research was to determine the perception of educators in the Oudtshoorn district regarding fairness in the workplace; how educators understand and experience their right to equality in the workplace; what their perception is regarding disciplinary action in the workplace, and to what extent educators have the basic concept and principle of labour law to prevent frustration in the workplace and ineffective service delivery, and to prevent the pursuit of incorrect procedures. It is crucial that the educator knows his or her rights as an employee, and what his or her obligations towards the employer are. This research was done on the basis of the literature study and the analysis of legislation that is applicable to educators. A qualitative enquiry into educators’ perceptions of fairness in the workplace was conducted amongst participants from the Oudtshoorn district, which included schools from different socio-economic and cultural backgrounds. This case study was based on interviews with school managers, educators on post level 1 and with union representatives in the Oudtshoorn district. Questionnaires were structured to obtain the participants’ view and perception on fairness in the workplace and to determine their knowledge regarding the law and their rights in education with regards to labour law. The participants didn’t receive guidance because it could have influenced their answers. The data derived from the participants made it possible to compile certain recommendations and conclusions. From the empirical research it was evident that educators in the Oudtshoorn district had but a vague knowledge of their rights as educators and of legislation. Shortcomings that were apparent from this study were addressed, recommendations were made, and possible future research on related topics was indicated. / MEd (Education Law), North-West University, Potchefstroom Campus, 2014

The effectiveness of the Environmental Impact Assessment process has been questioned by its critics both locally and internationally, as there is a perception that EIA process is merely a rubber stamping exercise. The objective of this study was to determine whether or not the relevant provincial authorities in South Africa have issued EIA refusals and if so what the main reasons for refusal were. Both Basic Assessment and full EIA processes were considered. Access to the EIA refusals from the various provincial environmental departments and environmental consultants was limited. Only seventeen EIA refusals were received after extended requests over a 12-month period, after which each of these were analysed. The reasons for the EIA refusals encountered in this study have been categorised into seventeen sub-classes relating to the following environmental issues: site location, socio-economics, land use/zoning, lack of justification, Spatial Development Framework (SDF), biodiversity, incompleteness of information, legislation discouraging development, visual/noise impacts, lack of alternatives, services issues, cumulative effects, groundwater, waste, specialist studies, gross non-compliance and air pollution. It is important to note that an EIA application could potentially have more than one screening trigger, and therefore it is possible that the percentages explained in this study can add up to more than 100%. The highest number of the EIA refusals’ screening triggers (8 of 17 = 47.06%) were found to be due to the transformation and rezoning of undeveloped or vacant land, and 5 of 7 (71.4%) of those particular EIA refusals were attributed to applications for residential development. Biodiversity and ecological sensitivity of the site location, as well as construction of infrastructure were next on the scale, with three (17.65%) EIA refusal screening triggers each. Finally, concentration of animals for production and storing and handling of hazardous substances both had two (11.76%) screening triggers. Only one EIA refusal did not include any substantive reasons for refusal and was refused on purely procedural grounds. The lack of justification of the development, lack of technical information and inadequate alignment with future spatial planning also constituted reasons for negative authorisations. From the results it was evident that although it is usually the procedural issues that hinder EIA, this study encountered many substantive issues, making up the majority of the reasons for EIA refusal here. This goes against international opinion that EIAs are usually turned down due to lack of adherence to process. Other findings from this study of particular interest include that no database is maintained for the number and reasons of EIA refusals that are processed, only for those that are authorised. It was also found that there were provinces that have never issued an EIA refusal. Furthermore, it was interesting to note that the reasons given in the findings for the analysed EIA refusals did not necessarily correlate with the screening triggers. / Thesis (Master of Environmental Sciences)--North-West University, Potchefstroom Campus, 2012.

The introduction, and evolution of securitisation over the years, has made a phenomenal contribution to the area of corporate finance. Securitisation is specialised area which has evolved to deliver considerable advantages to banks and their corporate and government clients, a sub-subjected explored in this thesis. Securitisation is using the cashflow, creditworthiness and collateral of receivables to raise finance from the capital markets. To date, research on the subject of securitisation has produced a few textbooks and numerous articles written by academics and practitioners. The ambit of these writings addresses three questions, namely, what is securitisation; how does it work in practice; and how can securitisation be developed so that it can continue delivering advantages in the evolving world of corporate finance. Securitisation is very much a practical subject, and given that the author had very little, if any, practical exposure to the subject prior to developing this thesis, the author, admittedly, felt challenged to ascertain significant issues that could be developed to the extent that such development represents an original contribution to knowledge. Case law in the US had already explored the most significant issue regarding securitisation, namely, true sale. Armed with a solid theoretical base of knowledge that author looked for inspiration, and discovered it during the initial days when the Enron scandal hit the headlines. In short, the Enron scandal involved using the concept of securitisation to facilitate financial crime. The masterminds (if its appropriate to use such description) of the scandal, as this thesis will unfold later, cleverly used thousands of securitisation and hedging transactions to raise funds in order to give financial creditability to a giant corporation which on the surface appeared prosperous but, in reality, was breathing to a large extent on borrowed funds. This scandal, in which securitisation was used, inspired the author to develop the originality of the thesis by focusing on the issue of securitisation and financial crime. Given that financial crime is a huge area to explore, the author narrowed the focus to look at money laundering, and address the question: can the practice of securitisation facilitate money laundering? To approach this question and answer it at doctorate level required a solid understanding of what securitisation is and how it works in practice. Using textbooks, articles and conversations with practitioners, the thesis documents under Part 1, what securitisation is and how it works in practice before moving on to Part 2 to look at if and how securitisation can facilitate money laundering.