Human embryonic stem cell research would seem to offer the prospect of developing a greater understanding of, and potential therapies for, common degenerative diseases such as diabetes mellitus, Alzheimer’s and Parkinson’s disease. Despite the fact that some Irish institutions engage in such research, Ireland is one of the few countries in Europe which has failed to produce any relevant regulatory framework or legislation. This is largely because embryo research and its regulation remain mired in conflicting socio-political values and interests, despite the fact that the in vitro human embryo is not afforded any legal protection under the Irish Constitution. This thesis seeks to examine the current Irish legal lacuna in relation to embryos and embryonic stem cell research. The first of the three papers making up the core of this thesis reviews the background to the moral, legal and social factors that have contributed to the extant Irish position. A description of the divergent policies enacted in other jurisdictions is also given to outline possible policy options which may be considered by Ireland in the future. The views of relevant stakeholders on the impact of the regulatory lacuna are explored in the second paper through a series of semi-structured interviews. These interviews highlight a surprising level of consensus on the need for the Irish legislature to act and introduce regulations to provide certainty, in one way or the other, in this area of scientific innovation. A procedural mechanism is proposed in the third paper which could allow the development of policy and concomitant regulation in Ireland in this area. It is hoped that the procedural process and resultant framework would be sufficiently inclusive as to be acceptable to the majority of people in Irish society. In conclusion, it is argued that it is undesirable that a modern pluralist democracy (as Ireland aspires to be) should regard legislative inertia and non-regulation as the preferred method of dealing with morally challenging scientific endeavour. Instead, appropriate procedural mechanism should be utilised to allow for the development of apposite policies.

This thesis seeks to develop background knowledge about actors in the Province of British Columbia. The British Columbia Labour Relations Act defines actors as employees. The federal Status of the Artist Act recognizes them as self-employed. How did this conflict arise, and how does it affect the role of actors in Canadian cultural life? The status of actors individually and severally under the Vagrancy Acts of England from 1572 is analyzed. The censure of. artists by a U.S. Congressional Committee in the twentieth century is reviewed. The international model of cultural self- determination and freedom of individual conscience as promulgated by the Universal Declaration of Human Rights and UNESCO Charter is outlined. The arms-length model suggested in the 1951 Massey Report; and the 1957 Canada Council. Act is examined. The erosion of the arms-length principle in Canadian cultural affairs is linked to the politicizing of the arts in Canada: art production coupled with social policy and political initiatives in the 1970's; the cultural industries identified as a source of economic benefits in the 1980's; and regional industrial strategy initiatives presented as cultural policy in the 1990's. In conclusion, an assessment of current trends in cultural policy affecting actors' status, rights, professional development, and artistic freedom in British Columbia is followed by a draft Status of the Artist Act, policy recommendations in culture, and a proposal for an Actors' Development Company. / Arts, Faculty of / Theatre and Film, Department of / Graduate

L’article 552 du Code civil prévoit que la propriété du sol emporte la propriété du dessus et du dessous. Cette disposition consacre l’existence du sous-sol sur la scène juridique et lie le sort du sous-sol à celui du sol. Le législateur a souhaité accorder un droit qui se déploie dans l’espace. Se dessine alors un lien, sinon de soumission, du moins de dépendance du sous-sol envers le sol. Le débat se noue autour de l’intensité du lien existant entre le sol et le sous-sol. La recherche du régime juridique applicable au sous-sol impose nécessairement de raisonner sur la force d’attraction que revêt le sol. Doté d’un pouvoir absorbant, ce dernier semble pouvoir déterminer le régime juridique applicable au sous-sol en préservant ainsi l’unité de l’immeuble. Toutefois, leur apparente dépendance doit être nuancée et la vision unitaire s’estompe face aux spécificités du sous-sol. En effet, la compréhension du régime juridique applicable au sous-sol nécessite la prise en compte d’autres éléments permettant de révéler toute la particularité du sous-sol. Il recèle de nombreuses richesses susceptibles d’entraîner une modification de l’objet de la propriété immobilière. Les exemples de dissociation de la propriété immobilière, organisés par la loi ou la volonté, sont pléthoriques et entrainent un relâchement des liens de dépendance. La présence de mines ou de vestiges archéologiques en sont un témoignage éloquent, la propriété du sous-sol étant alors soustraite à la puissance du propriétaire du sol. Cette étude, oscillant entre dépendance et autonomie, s’attachera à démontrer les particularités du sous-sol qui ne saurait, en définitive, se définir par sa seule relation avec le sol / Article 552 of the Civil Code provides that the property of the soil embraces the property of what is above and underneath it. This provision consecrates the existence of the subsoil on the legal scene and links the fate of the subsoil to the one of the soil. The legislator wished to grant a right which is deployed in space. This creates a connection at least a dependence of the subsoil towards the soil, if not even a submission. The debate is based on the intensity of the link between the soil and the subsoil. The search for the legal regime applicable to the subsoil necessarily requires to think about the force of attraction that the soil has. Possessing an absorbing power, the latter seems to be able to determine the legal regime applicable to the subsoil, thus preserving the unity of the real estate. However, their apparent dependence should be nuanced and the unitary perception fades because of the subsoil’s specificities. Indeed, the understanding of the legal regime applicable to the subsoil requires to consider other elements revealing the particularities of the subsoil. It contains many wealth which could lead to a modification of the object of the real estate property. Examples of the dissociation of real estate property, organized by law or will, are profuse and lead to a weakening of dependency links. The presence of mines or archaeological remains is an eloquent illustration since the property of the subsoil is then subtracted from the power of the owner of the soil. This study which oscillates between dependence and autonomy, will endeavor to demonstrate the particularities of the subsoil which cannot be defined only by its relation to the soil

Orientador: Mara Aparecida Alves Cabral / Dissertação (mestrado) - Universidade Estadual de Campinas, Faculdade de Ciências Médicas / Made available in DSpace on 2018-07-19T11:04:39Z (GMT). No. of bitstreams: 1 Beissman_DeiseMaria_M.pdf: 6875879 bytes, checksum: 22d6f7784b42a28aa54038a420a825d4 (MD5) Previous issue date: 1994 / Resumo: Este é um estudo psico-social de homens que cometeram agressões físicas contra mulheres com as quais mantém um vínculo conjugal, legalizado ou não. Foram entrevistados 30 casais com notificação de agressão na Delegacia da Mulher de Campinas, com o objetivo de estudar aspectos psico-sociais desses homens agressores. Com um grupo comparativo de 30 casais sem história de agressão física, procuramos verificar a hipótese deste trabalho, que pode ser assim descrita: aspectos psico-sociais tais como: uso abusivo do álcool; dificuldades de ordem afetiva/sexual entre o casal e o homem haver presenciado agressão física entre os pais quando crianças, estão associados as eclosões de violência do homem contra a mulher. Para a coleta de dados, utilizamos como instrumento de pesquisa, uma anamnese-questionário, contendo questões sobre a agressão, sobre a relação do casal, dados pessoais e familiares dos entrevistados. Na análise estatística foram utilizadas porcentagens e o Teste Exato de Fischer. A descrição dos resumos das histórias de vida, permitiu levantar os aspectos psico-socio-culturais mais relevantes da população pesquisada, relacionados com a agressão física / Abstract: Not informed / Mestrado / Saude Mental / Mestre em Saude Mental

Orientador: Eduardo Daruge / Dissertação (mestrado) - Universidade Estadual de Campinas, Faculdade de Odontologia de Piracicaba / Made available in DSpace on 2018-07-19T15:18:06Z (GMT). No. of bitstreams: 1 Galvao_LuisCarlosCavalcante_M.pdf: 3299263 bytes, checksum: c8026ce8774a19578f2766044ba3f91f (MD5) Previous issue date: 1994 / Resumo: Grande tem sido a preocupação dos que militam na área médica e odonto-forense, com referência à determinação do sexo em restos humanos ou ossadas encontradas. Não raro os Peritos dispõem apenas do crânio. A proposição do presente trabalho foi a de determinar o sexo através das distâncias cranianas entre o centro do meato acústico externo e onze pontos craniométricos, mensurados através de um craniômetro especificamente construído para este fim, das larguras bicondilia e bigoníaca, ângulo mandibular, acidentes anatômicos do crânio e avaliação do índice de BAUDOIN. Foram estudados 145 crânios, sendo 70 femininos e 75 masculinos, de indivíduos adultos. (acima de 20 anos), de procedência e sexo absolutamente conhecidos, independentemente da raça ou idade. Pelos resultados obtidos, foi possível estabelecer métodos de determinação do sexo por caracteres quantitativos e qualitativos isoladamente. Também foi possível estabelecer um método simples por quatro observações, duas métricas e duas morfológicas aplicando-se uma fórmula que permitiu um índice de acerto na amosra estudada de 93,8 %, bem como a elaboração de um programa de compuador para sua rápida execução em observações futuras / Abstract: The determinations of sex in human mortal remains or found heap of bones has been a great concern for thoses who work in the medical and odontological-forensic area. Experts not rarely dispose only of the cranio. The proposition of this paper was to determine the sex trough the cranial distance among the center of the external acoustic meato and eleven craniometrical points, meadured by a craniometer specially manufactured for this purpose, of the bicondylaris and bi-gonion widths, mandibular angle, anatomic accidents of the cranio and evaluation of the Baudoin Index. A total of 145 cranios were studied, being 70 female and 75 male, of adult people. (with ages above 20) of totally unknown origins and sex, independently of race or age. From the obtained results it was possible to estabilish methods of determination of sex by quantitative and qualitative characters isolately. Also, it was possible to estabilish a simple method by four observations, two metrical and two morphological, applying a formula that allowed a correctness index of 93.8% in the studied samples, as well as the elaboration of a computer program for fast execution in future observations / Mestrado / Odontologia Legal e Deontologia / Mestre em Ciências

This paper investigates the determinants of informality (tax evasion in particular) utilizing rich cross-country data of firm-level survey from the World Bank, and hypothesizing that competition is a significant factor determining tax evasion behaviors. Competition pressure is a key stimulus to induce questionable manipulations of tax reporting behaviors. However its effect works at a decreasing speed. It is also hypothesized that business obstacles facing firms such as tax administration and corruption play significant roles in explaining tax evasion. This paper further hypothesizes that firm characteristics such as size, age, ownership are important evasion determinants. Empirical results are found supporting these hypotheses above. The analysis controls for country-level effects, for instance the quality of the legal environment. Industry sectors are also controlled and found significant in explaining corporate tax evasion levels.

As is the case with many countries, Namibia has an economy dependent on fossil fuels. The country is, however, blessed with abundant and diverse - but as yet unexploited - renewable energy (RE) resources that could be used for improving the livelihood of the vast majority of its 2.2 million people. Today the conflict between energy production from fossil fuels and protection of the environment is intensifying and this compels all countries to search for means of resolving this conflict. Developing RE through the enactment of enabling legislation and implementation of relevant policy is one important step towards attaining the ideal of an energy-secure future. This state of affairs is not unique to Namibia, as most countries with abundant RE sources are striving to promote and deploy RE in their respective regimes through appropriate policies and legal frameworks. This study examines Germany and Ghana from, respectively, the developed and developing world, as leading countries that have established a proactive RE regime. However, such a regime can only be successfully achieved if countries, including Namibia, adopt laws and policies that promote and encourage the use of RE in order to move away from fossil fuel dependence to a greener economy. Thus the study seeks to investigate RE resources in Namibia and their potential development. It outlines the current legislation pertaining to the regulation of RE in Namibia. As such, the study further examines the Organisation for Economic Cooperation and Development (OECD) guidelines and draws examples from other regimes, particularly Germany and Ghana, in order to provide a guideline for the enactment of a general Energy Act with a particular chapter on RE. It concludes with recommendations as to how Namibia can secure a sustainable energy future.

In modern society the medico-legal investigation of death is a prerequisite for the administration of justice and for the betterment of public health. These investigations require a high level of skill, professionalism and ethics and have far reaching effects. South Africa’s high level of unnatural deaths, combined with limited human and fiscal resources, specifically a scarcity in practicing Forensic Medical Practitioners, a lack of adequate training of Forensic Officers and members of the South African Police Service, discrepancies in available statistics and a lack of accreditation and quality control, to name a few, leave the South African medico-legal system overburdened. Death investigation needs to evolve and improve constantly and improvements in death investigation need to occur across a wide spectrum of parameters. In the United States of America, to combat systemic issues such as those experienced in South Africa, Death Investigators have been introduced in a supportive capacity and as an extension of services rendered by Forensic Medical Practitioners. These investigators, who are not medical practitioners but may have some level of training or vocational experience within the medical or investigative field, attend and help to analyse death scenes, collect relevant ante-mortem data, assist during autopsies, expedite special investigations, liaise with other stakeholders and provide testimony if warranted. Multiple benefits are associated with the introduction of these death investigators, with the collection of relevant (pre-autopsy) information which will assist and direct the Forensic Medical Practitioner probably being the most pertinent in the context of this research. The aim of this study was to assess the functionality and value of introducing such Death Investigators into forensic pathology service in South Africa. Specifically, this research focused on the nature and scope of information currently being provided to Forensic Medical Practitioners prior to conducting an autopsy and assessed whether the introduction of these investigators would improve the quality of pre-autopsy information. To determine this, participating Forensic Medical Practitioners were asked to evaluate the quality of information currently provided to them prior to conducting an autopsy and to evaluate the quality of information contained in a Death Investigator worksheet that was completed hypothetically for the same case, as an example of the type of information that would be collected by a Death Investigator. Additionally, the disposition of Forensic Medical Practitioners and external stakeholders to the proposed introduction of Death Investigators was assessed through a questionnaire process. Findings of this research showed that there is a significant deficit in the quality of pre-autopsy information being provided to Forensic Medical Practitioners at present. The current pre-autopsy information received an average information quality score of 21.4%. However, the Death Investigator worksheets received and average information quality score of 84.9% representing a marked improvement. Forensic Medical Practitioners had a favourable disposition to the proposed introduction of Death Investigators and agreed that Death Investigators would provide an improved knowledge and understanding of the circumstances and setting of the death, which in turn would , enhance their ability to strategise a post-mortem approach, to request appropriate special investigations and to better interpret their autopsy findings. Overall, the results of this research suggest that the introduction of Death Investigators would add value, specifically by improving the gathering of appropriate information and would be welcomed by Forensic Medical Practitioners. While this research was conducted in Pretoria, it was done on the premise that the poor-quality pre-autopsy information experienced in Pretoria, is probably, to a greater or lesser extent experienced in other medico-legal laboratories in South Africa. It is recommended, that a multi-centre audit of pre-autopsy information quality is undertaken to verify the results found at the Pretoria Medico-legal Laboratory. Furthermore, to facilitate the introduction of Death Investigators as a new professional category, it is recommended that a working group be convened to further interrogate the added-value potential of this introduction as well as to determine prerequisite educational requirements and acceptable recognised prior learning, and to develop guidelines and scope of practice documents. It is also recommended that should this introduction come to fruition, provision be made to accommodate such Death Investigators on a professional board affiliated with the Health Professions Council of South Africa, to guide training and qualification requirements, advise on best practice and professional standards against which Death Investigators can be held accountable. / Dissertation (MSc (Medical Criminalistic))--University of Pretoria, 2020. / Forensic Medicine / MSc (Medical Criminalistic) / Unrestricted

Victim impact statements (VISs) are written or oral statements detailing the effects a crime has had on a victim. While the practice of having victims present VISs at sentencing hearings has generated much debate for over 25 years, the effects of this practice on victims, defendants, and legal decision-makers remain poorly understood. Prior research suggests that a victim’s emotional expression can affect how victims are perceived, and the legal judgments made in response to their statements. The current research considers how the effects of victims’ emotional displays on sentencing decisions might be conditioned by victim gender. Using audio-recorded VIS stimuli, the present research investigated the influence of victim gender (male vs. female) and emotional expression (Study 1: anger vs. sadness; Study 2: anger vs. sadness vs. flat affect) on legal judgments and punishment decisions. The results across Study 1 and Study 2 are inconsistent, though findings from the study (Study 2) with the substantially larger sample size suggest that individuals make legal judgments that are more favorable towards female victims, regardless of the victim’s emotion expression in a VIS. However, hostile sexism and gender-emotion stereotype endorsement moderated the effects of victim emotion expression and gender on sentence severity and empathy for a defendant.

No abstract / Thesis (LLD)--University of Pretoria, 2019. / Public Law / LLD / Unrestricted