This thesis argues that native title rights are fundamental to Indigenous citizenship in Australia. It does this by developing a normative conception of citizenship in connection with a model of constitutionalism. Here, citizenship is more than a legal status. It refers to the norms of individual rights coupled with democratic responsibility that are attached to the person in a liberal-democracy. Constitutionalism provides the framework for understanding the manner in which Australian society realizes these norms. This thesis focuses on a society attempting to grapple with issues of postcolonialism. A fundamental question faced in these societies is the legitimacy of group rights based in pre-colonization norms. This thesis argues that these rights can be legitimized when constitutionalism is understood as originating in the deliberations connecting civil society with the state; which deliberations reconcile individual rights with group rights in such a way as to resolve the issue of their competing claims to legitimacy. Civil society is the social space in which politico-legal norms collide with action. The argument constructed here is that native title is built on norms that have the potential (it is a counterfactual argument) to contribute to a postcolonial civil society. This is one in which colonizer and colonized coordinate their action in a mutual search for acceptable solutions to the question 'how do we live together?'. The optimistic analysis is tempered by a consideration of the development of native title law. The jurisprudence of the High Court after the Wik's Case has undermined the potential of native title to play a transformative role. It has undermined Indigenous Australians' place in civil society, and their status as equal individuals and responsible citizens. In seeking to explain this, the thesis turns from jurisprudence to political sociology, and argues that an alternative model of constitutionalism and civil society has supplanted the postcolonial; viz., the neoliberal.

Doctor of Philosophy (PhD) / The official version of law in Australia is that the state has a monopoly over sovereignty: there is only one Australian law whose meaning is determined by the courts. However, the courts have implied that there is another law, the law of Indigenous peoples which exists as a social fact. It can be recognised by the state for particular purposes, such as the protection of the ‘native title’ of Aboriginal peoples and Torres Strait Islanders to their traditional countries. Native title is characterised as the translation of a primarily spiritual connection to land into proprietary rights and interests, requiring proof of the connection that a particular Indigenous society has under traditional laws and customs continuously acknowledged since Britain claimed sovereignty. Given the special nature of native title, the preference is to recognise title by negotiated agreement. This thesis undertakes a study of some of the assumptions and inconsistencies on which the recognition of native title – and this ‘not quite’ legal pluralism – rests. It questions law’s relation to fact, time, space, identity, language and practice as these are deployed in calibrating Indigenous peoples’ claims, and so reaches across disciplines to History (questioning the knowable past), Philosophy (the notion of recognition), Legal Theory (the concept of law as rules and the separation between law and fact), Anthropology and Literary Studies (the possibility of translation), Aesthetics (the rationality of proof), and Geography (the alternative space of negotiation). In looking closely at the practical and discursive process of making a claim, an account of native title can be given that refuses the cogency of the monopoly of sovereignty, and envisages instead a multi-faceted phenomenon that is the ‘unofficial’ law of native title. Native title is a set of practices which stimulate new articulations of Indigenous law and settler law and put them in relation with one another: the process of recognition is also a creative process of transformation.

The settlement of the claim to fisheries by Maori is a political milestone. The Sealords Deal (the Deal) as it is commonly known, is the first settlement in New Zealand which extinguishes Maori claims to a particular resource. It affects all iwi and proposes the development of a process for the allocation of benefits. As such it needs to be considered in terms of other post-colonial nations� experiences in the resolution of claims to natural resources. Canada, the United States and Australia provide examples of different attitudes and approaches to the resolution of claims to natural resources by their indigenous populations. A typical history of the resolution of claims to natural resources in post-colonial nations begins with initial European contact, followed by increased numbers of settlers which places pressure on governments and the judiciary to justify the acquisition and exploitation of land and other resources. This leaves the indigenous population landless and welfare dependent. This pattern is reflected in judicial decision-making. In New Zealand, the courts initially acknowledged that the rights of Maori to their lands and other resources, existed unless specifically taken away. When pressure for acquisition of land occurred the courts responded by holding that Maori rights to resources only existed if specifically granted by a court or the legislature. This reversed the original presumption of existence of a right unless taken away. It has only been recently that the New Zealand judiciary has reaccepted the common law doctrine of aboriginal title. This brings New Zealand more in line with Canada and the United States, but New Zealand still has some way to go in acknowledging the doctrine of fiduciary obligation of the Crown/government to Maori. It is also helpful to analyse the changes that have taken place in governments� policies that have enabled the creation of an enviroment in which such a settlement can take place. The Labour governments of 1984 and 1987 began a number of policy initiatives which created a socio-economic climate and responsive enviroment favourable to the settlement of such a claim. Changes are also occurring internationally. Indigenous people�s rights are coming to the fore with the proposed Universal Declaration on Indigenous Rights nearly in place. All this change at a national and international level has only been possible by post-colonial nations acknowledging their past in order to move to the future with confidence. The Sealords Deal is an example of an attempt by Maori and the New Zealand government to make this move forward.

<p>In this paper, I have examined if and how Saul Bass adapts his title sequences to the respective film in the matter of genre, plot, milieu, feeling and appearance. Saul Bass was really a graphic artist who has made himself a long career in film production, foremost as a creator of title sequences. Of all the films Bass has created title sequences to, I’ve chosen six films, whose title sequences I analyse more thoroughly. I do this to point out the differences between them and thus also show how Bass adapt them to the individual work. To do this I’ve used an auteuristic perspective. The analysis I’ve made of the six films points to that Bass adapts his title sequences to the respective films. I have for instance found that certain title sequences is an integrated part of the film itself, others work as a prologue to the plot of the movie, and others present the genre, the plot or a specific theme. Most of the title sequences also introduce a fundamental feeling, that follows the viewer throughout the whole film. However, it has also come forth certain likenesses in his work, certain images and themes. Despite this, I believe that Saul Bass designs his title sequences according to the specific work and not according to his personal style.</p> / <p>I denna uppsats har jag undersökt om och hur Saul Bass anpassar sina förtexter till respektive film ifråga om genre, handling, miljö, känsla eller utseende. Saul Bass var i grunden en grafisk designer som har gjort sig en lång karriär inom filmproduktionen, och då främst som skapare av förtexter. Av alla filmer som Bass har gjort förtexter till har jag valt ut sex filmer, vars förtexter jag analyserar mer ingående. Detta gör jag för att belysa olikheterna dem emellan och därmed också hur Bass anpassar dem efter det individuella verket. Till detta använder jag mig av ett auteuristiskt perspektiv. De analyser jag har gjort av de sex filmerna pekar på att Bass verkligen anpassar sina förtexter till respektive film. Jag har till exempel funnit att vissa förtexter är en integrerad del av själva filmen, vissa fungerar som prologer till filmens handling och vissa presenterar genren, handlingen eller ett specifikt tema. De allra flesta av förtexterna introducerar även en grundläggande känsla, som sedan följer med åskådaren genom hela filmen. Dock har det även dykt upp vissa likheter i hans arbeten, vissa bilder och teman. Detta till trots anser jag att Saul Bass utformar sina förtexter med tanke på det specifika verket och inte med tanke på hans personliga stil.</p>

This thesis is a total coverage survey of the municipal preschool management structure. In the late 90's the preschool in Sweden became the first step in the overall educational system. It became a pedagogical activity similar to school with respect to form and content. Although the focus was on education, political voices reclaimed the unique nature of preschool i.e. educare. It became a preschool in transition between its own tradition and modernization. The idea is that the educational management structure should support a pedagogical leadership that directs the pedagogical activity towards preschool objectives. The local authority sets the structure for management in pre-school; a municipality that in itself is an institution with its own goals and objectives. These objectives can place the municipalities in the cross pressure between their own objectives and the ones for preschool. The question in this respect is; How is the management structure formed and why? Is it a structure formed with the intention of creating educational management for the local preschool or are there other factors that guide the design? A framework based on the historical background of the preschools and theoretical terms such as steering, leading, management, pedagogical leadership, educational activity, etc. was constructed. Results are based on an online questionnaire survey. 180 municipalities out of 290 answered the questionnaire, which gives a response rate at 62 %. The response rate is evenly distributed across municipal categories, categories that the municipalities were aggregated into, formed by The Swedish Association of Local Authorities and Regions. The categories were handled as survey units, to support a part of the analysis and to allow a comparison between the municipalities by municipality size, both demographic and geographic. The material was analysed using the SPSS statistical program and compiled and reported with descriptive statistics. Descriptive statistics were used to demonstrate the material's characteristics and the central tendency. The results show that the municipalities’ structure of management is varied. Different municipal categories do not change this varied picture of the management landscape significantly. Although the management structure varies regarding how many levels with formal titles and which positions and functions they should have, there is a consistency in which title that the formal leader for the preschool have. The municipalities primarily utilisea principalship with mixed responsibility for both preschool and school. In light of these results, do municipalities mould a structure for the educational management for the pedagogical activities in preschool? Yes and no: the municipalities do not form a structure for preschool alone. Results show that the municipalities' main purpose is not to create a line of management specifically for the preschool. The municipalities form a management structure for educational purposes dealing with an educational activity from preschool to elementary school. The new Education Act (2010:800), is a step toward distinguishing preschool leadership from school leadership and turns the leadership of preschools into a title solely for the position and function of preschool educational activities.

The objectives of this thesis are to establish the fundamental principles in the field of 3D property rights by studying such systems in different countries with a particular focus on management questions, to systemize the acquired knowledge and demonstrate different ways of dealing with key factors essential to a well-functioning 3D property rights system. A theoretical background to the 3D property concept is given by presenting proposals as to a definition of 3D property and a classification of the primary forms of 3D property rights examined into specific types and categories, as well as an overview of international 3D property use. A general description of the characteristics of 3D property, with a focus on the condominium form, is also presented. A presentation of three different 3D property rights models is given as exemplified by the countries investigated, including the independent 3D property model in Sweden, the condominium form model in Germany, and a combination of the independent 3D property form and the condominium form as evidenced by the legal systems of two Australian states, New South Wales and Victoria. It has been possible to discern from this study a number of key factors related to 3D property rights that seem to be common for most forms and systems. These include the delimitation of property units, the content of the definition of common property, the creation of easements, the forms of cooperation between property units, management and regulation issues, as well as the settlement of disputes and insurance solutions. The problems experienced within the 3D property systems studied to a large extent have concerned issues within these mentioned key areas, where the management aspect seems particularly difficult. Changes in society and the creation of new development forms to a large extent have also contributed to the need for statutory amendments. More or less substantial amendments have been required in both the Australian and German statutes studied, with shortcomings still remaining after many years of use. However, these systems in general seem to be working well, and the condominium form in particular seems to be a well-functioning concept. Based on these systems, it has been possible to discern a tendency that the more detailed and complex the legislation, the greater the need for gradual amendments. In conclusion, it would be of benefit for countries planning on introducing a system for 3D property rights to utilize the experiences of other countries, while not forgetting to consider differences in legal systems, society, etc. / QC 20100812

In this paper, I have examined if and how Saul Bass adapts his title sequences to the respective film in the matter of genre, plot, milieu, feeling and appearance. Saul Bass was really a graphic artist who has made himself a long career in film production, foremost as a creator of title sequences. Of all the films Bass has created title sequences to, I’ve chosen six films, whose title sequences I analyse more thoroughly. I do this to point out the differences between them and thus also show how Bass adapt them to the individual work. To do this I’ve used an auteuristic perspective. The analysis I’ve made of the six films points to that Bass adapts his title sequences to the respective films. I have for instance found that certain title sequences is an integrated part of the film itself, others work as a prologue to the plot of the movie, and others present the genre, the plot or a specific theme. Most of the title sequences also introduce a fundamental feeling, that follows the viewer throughout the whole film. However, it has also come forth certain likenesses in his work, certain images and themes. Despite this, I believe that Saul Bass designs his title sequences according to the specific work and not according to his personal style. / I denna uppsats har jag undersökt om och hur Saul Bass anpassar sina förtexter till respektive film ifråga om genre, handling, miljö, känsla eller utseende. Saul Bass var i grunden en grafisk designer som har gjort sig en lång karriär inom filmproduktionen, och då främst som skapare av förtexter. Av alla filmer som Bass har gjort förtexter till har jag valt ut sex filmer, vars förtexter jag analyserar mer ingående. Detta gör jag för att belysa olikheterna dem emellan och därmed också hur Bass anpassar dem efter det individuella verket. Till detta använder jag mig av ett auteuristiskt perspektiv. De analyser jag har gjort av de sex filmerna pekar på att Bass verkligen anpassar sina förtexter till respektive film. Jag har till exempel funnit att vissa förtexter är en integrerad del av själva filmen, vissa fungerar som prologer till filmens handling och vissa presenterar genren, handlingen eller ett specifikt tema. De allra flesta av förtexterna introducerar även en grundläggande känsla, som sedan följer med åskådaren genom hela filmen. Dock har det även dykt upp vissa likheter i hans arbeten, vissa bilder och teman. Detta till trots anser jag att Saul Bass utformar sina förtexter med tanke på det specifika verket och inte med tanke på hans personliga stil.

The story of how and why the Canadian government negotiated Treaty 8 with First Nations living in north-western Canada, and its attitude toward the people whom it casually left out of treaty, provide an excellent example of how the Canadian government approached treaty negotiations in the late nineteenth and early twentieth centuries. Treaty 8 is both typical of the other numbered treaties negotiated with First Nations in the late nineteenth century in western Canada as well as different, in that it was the first of the "northern" numbered treaties negotiated with First Nations.<p> This thesis looks at Treaty 8 in both ways: how it illustrates a common approach to treaty making on the part of the Canadian government, and how it differs from other treaties and other treaty negotiation processes. The thesis also tells the story of the people left out of Treaty 8 negotiations in northern Alberta and north-western Saskatchewan, as well as their struggles to obtain justice for this governmental oversight.<p> This thesis looks at a number of issues related to Treaty 8 which earlier historians have either not focused on or overlooked. The first is that the territory covered by Treaty 8 is greater than the area into which treaty commissioners were sent in 1899 and 1900. The second related point is that the government policy of the time that treaties should be negotiated at as little expense and cost to the government as possible meant that people were left out of treaty negotiations.

This dissertation studies visual artifacts associated with early modern theatre and book culture, and through them examines acts of communication in the marketplace. These artifacts, illustrated play-text title pages from the period 1600 to 1660, provide scholars with an opportunity to better understand the discursive power of theatre and subjects associated with drama in seventeenth-century London. This work offers a set of case studies that demonstrate how title page imagery and its circulation can contribute to our understanding of contemporary theatre culture, and addresses questions of intention, production and distribution. As well, it offers insights into early modern modes of constructing visualization. These artifacts served not only as visual reminders or interpretations of the dramatic works they represented, but were also used as powerful marketing tools that enhanced the cultural capital of the plays throughout London. The title pages were used as posters, tacked to the walls of the booksellers’ shops; the woodcuts were also repurposed, and incorporated into other popular publications such as broadside ballads, which retold the plots of the plays in musical form and were sold on city street corners. These connections raise questions about early modern forms of marketing used by publishers, and challenge the widely accepted belief that images held little value in the society and in the culture of print of the period. In addition, the distribution of these illustrations challenges the widespread conviction that early modern English culture was iconophobic, and suggests that seventeenth-century English society embraced rather than spurned visual media. Methodologically, this study is built on the foundations laid by scholars of English theatre and print culture. Within those fields, however, it has been customary to view these title page illustrations as inferior forms of representation, especially in comparison to their continental counterparts. By using tools from visual rhetoric to expand on how and what these images communicate, I am able to show the important functions they performed, and the distinct and playful way they represent complex relationships between stage and page, audience and performance, reading and spectating. These readings, in turn, enrich our historical understanding of the cultures of print and theatre, and build upon our knowledge of the interactions between these rich and important fields. Each chapter explores theoretical and contextual questions that pertain to some aspect of each illustration, as well as examining whether individual illustrations can inform us further about early modern theatrical performance practices. The introduction surveys the relevant field and introduces the theoretical resources that will be used in the subsequent chapters. Chapter Two examines the 1633 edition of Arden of Faversham and the question of whether the action in the illustration pertains to the play or to a broadside ballad that appeared in the same year. The third chapter provides a theoretical analysis of the performance of violence in the woodcut for The Spanish Tragedy, and how emphatic elements in the image may demonstrate the influence of theatrical performance upon the artist. Chapter Four explores the relationship between the title page of Friar Bacon and Friar Bungay and the concept of celebrity in relation to the Tarltonesque clown character who dominates the action of the image. Chapter Five considers the problematic relationship between theatre, politics and satire in the competing engraved title pages for A Game at Chess. The conclusion draws together the findings, and points to other aspects of early modern print and theatre cultures to which they pertain.

On April 1, 1999, Akimiski Island, Northwest Territories, Canada, became part of the newly created Inuit-dominated territory of Nunavut, even though the Inuit never asserted Aboriginal title to this island. This is why the Omushkegowuk Cree of the western James Bay region of Ontario, Canada, assert Aboriginal title over this island. Essentially, the Government of Canada has reversed the onus of responsibility for proving Aboriginal title from the Inuit to the Cree. In this paper, we examined whether the Omushkegowuk Cree fulfill all the criteria of the common law test of Aboriginal title with respect to Akimiski Island, utilizing all available printed and online material. All criteria of the common law test of Aboriginal title were met; however, the written record only alludes to the Cree using Akimiski Island at the time of first contact and prior, Cree oral history was consulted to illuminate upon this matter. I documented and employed Cree oral history to establish that Cree traditional use and occupancy of Akimiski Island was “sufficient to be an established fact at the time of assertion of sovereignty by European nations” (INAC, 1993:5; INAC, 2008); thereby, fulfilling criterion 2 of the test for Aboriginal title. As the Cree have now met all criteria of the common law test for proof of Aboriginal title in Canada, with respect to Akimiski Island, a formal land claim should be considered by the Cree.