La notion d’obligation naturelle passe assez inaperçue en doctrine. Cette discrétion est due à un courant doctrinal issu au XXe siècle du positivisme juridique, qui a estimé qu’il n’y a pas de système rationnel de l’obligation naturelle en droit français. Un tel système existe pourtant. L’heure est donc à la restauration de la notion d’obligation naturelle, et avec elle, de celle de droit naturel. La tradition juridique française est par essence jusnaturaliste, de type humaniste, et l’obligation de droit naturel apparait être le fruit de cette longue tradition. La technique juridique qui lui est afférente est un point de conjonction entre le droit positif et le droit naturel à travers la matière fondamentale qu’est le droit des obligations. En découvrant un véritable système du droit naturel, le système de l’obligation naturelle tel qu’il se présente en droit français apparait tout naturellement. Il permet alors de comprendre et donc de résoudre bien des difficultés pratiques qui émergent dans la jurisprudence très abondante en la matière. / The notion of natural obligation is often overlooked in France. This is the result of a doctrinal trend from the last century, which, nourished by legal positivism, has concluded that there is no rational system of natural obligations in French Law. Such a system does exist nonetheless.The time has come to restore the notion of natural obligations and with it the notion of natural law. The French legal tradition is by essence jusnaturalist, of humanist type, and the system of natural obligations appears to be the fruit of this long tradition. The rules pertaining to this notion are a confluence of positive law and natural law through the fundamental field which is the law of obligations. Through the discovery of a true system of natural law, the system of natural obligations as it manifests itself in French law appears quite naturally. It enables us then to understand and resolve many practical difficulties arising in court cases.

Made available in DSpace on 2015-05-14T12:42:56Z (GMT). No. of bitstreams: 1 ArquivoTotalDanubia.pdf: 19849864 bytes, checksum: 4281768dd94785a5db204c5a1ed54a48 (MD5) Previous issue date: 2013-08-09 / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior / This research aims to analyze the discourse of gender horoscope on different media, especially in women's magazines, noting the marks of change and permanence socio-historical and discursive sustained over time. The investigation will be made from the genre published in magazines, especially in facing the female audience in almanacs and Internet. To achieve this scope, we launched a analytical look on our subject from theoretical alliances, which are: a Discourse Theory of Traditions and Linguistic Change, Theory of the Imaginary, the theory of discourse analysis and cultural studies, from of theoretical studies as Eugenio Coseriu, Johannes Kabatek, Gilbert Durand, Mircea Eliade, CarlJung, Michel Foucault, Michel Pecheux, Eni Orlandi, Stuart Hall, Zygmunt Bauman, among others, seeking thereby to account for the discursive constructions, imagistic, symbolic and mythical traditions that relate to that underlie gender horoscope as well as the update of this discourse in other genres. Regarding methodological aspects, it is a qualitative research, literature and exploratory, aiming to provide greater awareness of the problem in order to make it explicit. From the analysis we can see that the discourse is marked by horoscope-discursive traditions imagery from the recurrence of linguistic and extralinguistic elements. It also apeared that the discourse of contemporary gender horoscope in magazines is eminently feminine. / Esta pesquisa tem como objetivo analisar o discurso do gênero horóscopo em diferentes suportes, em especial, em revistas femininas, atentando para as marcas de mudança e de permanência sócio-histórico-discursivas sofridas ao longo do tempo. A investigação foi feita a partir do gênero publicado em revistas, principalmente nas voltadas para o público feminino, em almanaques e Internet. Para alcançar tal escopo, lançamos um olhar analítico sobre nosso objeto de estudo a partir de alianças teóricas, quais sejam: a Teoria das Tradições Discursivas e Mudanças Linguísticas, a Teoria do Imaginário, a Teoria da Análise do Discurso e os estudos culturais, a partir dos estudos de teóricos como Eugenio Coseriu, Johannes Kabatek, Gilbert Durand, Mircea Eliade, Carl Jung, Michel Foucault, Michel Pêcheux, Eni Orlandi, Stuart Hall, Zygmunt Bauman, entre outros, procurando, com isso, dar conta das construções sociais, históricas, discursivas, imagéticas, simbólicas e míticas que dizem respeito às tradições que dão base ao gênero horóscopo, bem como a atualização desse discurso em outros gêneros discursivos. Quanto aos aspectos metodológicos, trata-se de uma pesquisa qualitativa, bibliográfica e exploratória, visando proporcionar maior familiaridade com o problema a fim de torná-lo explícito. A partir das análises, conseguimos observar que o discurso do horóscopo é marcado por tradições imagético-discursivas, com base na recorrência de elementos linguísticos e extralinguísticos. Também foi possível constatar que o discurso do gênero horóscopo nas revistas contemporâneas é eminentemente feminino.

This Thesis is focused on the attitudes of Roma parents to the education of their children in the pre-school Education program at the Salesian Centre a centre for children and youth in ČB. The Thesis describes the Roma people, their ethnicity and cultural diversity and their relation to education. It also describes the Salesian community, their Centre for children and youth in ČB, its establishment and programs focused on the pre-school age-range. It follows the pre-school education curriculum in the Czech Republic. The practical part of this Thesis includes methodology of research and grounds for its usage, description of research and data evaluation. The conclusion includes a discussion about established parents attitudes to Education together with the literature and some recommendations for an adjustment and an improvement of the pre-school program, which is set up correctly, nevertheless the research shows some suggestions which could have led to the Program attendance increasing.

The thesis discusses the Chinese community in the Czech Republic and focusses in detail on the social factors influencing their lives and integration into Czech society. The thesis determines the composition of the Chinese community, its way of life, values, family factors, the relationship with the majority society and the degree of integration. The thesis is trying to familiarize the reader with the Chinese minority and help towards a better understanding. The aim of the research is to obtain more detailed information and specific examples for each of the themes from the Chinese, long living in the Czech Republic.

Cette thèse examine l’essor récent du néo-paganisme en Angleterre, en tenant compte des particularités du contexte anglais, et en montrant la convergence d’influences historiques, culturelles et littéraires qui ont favorisé son émergence et son développement. Le néo-paganisme se décline en des branches ou traditions distinctes mais toutes issues d’un terreau commun. Cependant, on peut souligner l’émergence d’un néo-paganisme éclectique et syncrétique à part entière, portant sur le « bricolage » identitaire des individus qui composent leur propre spiritualité. Nous examinons la création d’une communauté et d’une identité néo-païennes, difficiles à cerner, mais qui reposent sur un socle commun de croyances et pratiques. Nous examinons les enjeux d’une quête identitaire véhiculée par une mystique de la terre d’Angleterre qui se veut inclusive, s’inscrivant dans une logique multiculturelle de la diversité et du pluralisme. Le néo-paganisme a pu profiter également d’un contexte politique, intellectuel et socioculturel favorable aux religions minoritaires, mais a dû faire des concessions pour se constituer en tant que religion afin d’être reconnu par les autorités publiques. Inversement, celles-ci ont été amenées à élargir et assouplir leur conception et leur définition de la religion afin d’inclure cette religiosité alternative. L’étude examine la plus grande visibilité des néo-paganismes et leur médiatisation, ainsi que les interfaces et zones de porosité entre ceux-ci et la culture dominante pour montrer une diffusion des thématiques néo-païennes dans la culture environnante, même si des problèmes persistent concernant l’acceptation et l’interprétation des noms pagan et surtout witch, et surtout des ambiguïtés en ce qui concerne les notions d’occulte et de magie. / This study examines the emergence and growth of paganism over recent decades in a specifically English context, taking into account the various historical, cultural and literary influences and the way paganism has developed as a ‘natural’ product of these. Although the term paganism covers a loose association of distinct branches and traditions, these inspire, influence and feed into each other to a greater or lesser extent, creating a generic paganism that has emerged as the dominant trend, within which individuals concoct and compose their own spirituality. Within a spectrum of practices and beliefs, enough common ground exists for the movement to be recognizable as such, but this contrasts greatly with more traditional ideas of religion. If the growth of paganism is partly explained by the greater availability of information and the use of Internet, it is also seemingly in resonance with various aspects of the contemporary, post-modern western psyche. Furthermore, it has benefited from the official climate concerning positive recognition of minority religions in a multicultural society, although difficulties have arisen in its being accepted as a religion, whether by the authorities, or due to internal factors. This has led to a higher media profile for paganism, sometimes in its favour, but sometimes leading to its scapegoating by newspapers seeking to denounce the perceived excesses of multiculturalism and the “politically correct”. If the name ‘pagan’ seems inappropriate, acting as a barrier in some quarters, no alternative, less controversial term has been found as a replacement. However, it can be noticed that pagan themes and attitudes are being more generally diffused within mainstream culture, with or without the pagan ‘label’.

This research seeks to adopt a post-foundationalist practical theology paradigm, as discussed by J C Müller, in order to create a bridge between the three concepts of the pastoral care perspective, the narrative perspective based on social-constructionism and post-foundationalism. Furthermore, I made use of Müller’s seven movements of methodology which laid a strong foundation to base my research on regarding married migrant women living within Korean multicultural families. Korean society which is a homogeneous culture is currently facing many challenges as a result of becoming more and more multicultural. These multicultural issues are becoming major social and political issues in South Korea. The main reason that South Korean society has become more multicultural is because of intercultural marriages which have also resulted in an increase in multicultural families. These migrant women are faced with many kinds of discrimination and prejudice as a result of their different appearance, culture and language. Furthermore, Korean culture often deprives women of having any position above men especially once they are married. After being married a woman should become invisible, voiceless, and nameless in order to become culturally acceptable. This often results in a migrant woman feeling stressed, fearful, isolated and alone which often results in the development of a low self-esteem, a lack of self-confidence and a low self-image. In my research, I sought to listen to and identify the stories of migrant women, namely foreign women who have married Korean men with a focus on the impact on their identities within a Korean multicultural family through a narrative perspective in order to have a positive growth and outcome from their intercultural differences within South Korea. I decided to view my co-researchers not as co-researchers but as companions on a journey which we could undertake together. The use of the metaphors ‘journey’ and ‘companions’ seemed to give my companions the freedom to speak more openly and placed us on an equal level. Furthermore, I not only discovered my companions’ identities through their own stories, but also developed my companions’ true identities/multi-identities through the broader, inter-relational stories of other people within multicultural communities through a six step process of Listening to the voice, Gaining voice, Giving voice, Finding alternative voice, Retelling voice and Creating future voice. I made use of the narrative approach in order to listen to my companions so that a unity would exist between their past, present and future stories. As I listened to the stories of my companions from a narrative perspective new possibilities were opened which lead to alternative and future stories. Furthermore, my companions were given the opportunity to find themselves and make new identities on the real journey of life. Through the process of my research I also developed a multicultural identity model specifically for married migrant women in South Korea, but ultimately the purpose of my research was not to show or develop a multicultural identity model regarding migrant women, but was more to help these migrant women find their identities themselves and in this become self-empowered to become contributors to Korean society. / Thesis (PhD)--University of Pretoria, 2014. / gm2014 / Practical Theology / unrestricted

Philosophiae Doctor - PhD / The study outlines five areas of intervention in the development of women studies and politics on the continent. Firstly, it examines the problematic construction and the inclusion of women in the narratives of the liberation struggle in South Africa. Secondly, the study identifies the sphere of intellectual debates as one of the crucial sites in the production of historical knowledge about the legacies of liberation struggles on the continent. Thirdly, it traces the intellectual trajectory of Charlotte Maxeke as an embodiment of the intellectual contributions of women in the struggle for liberation in South Africa. In this regard, the study traces Charlotte Maxeke as she deliberated and engaged on matters pertaining to the welfare of the Africans alongside the prominent intellectuals of the twentieth century. Fourthly, the study inaugurates a theoretical departure from the documentary trends that define contemporary studies on women and liberation movements on the continent. Fifthly, the study examines the incorporation of Maxeke's legacy of active intellectual engagement as an integral part of gender politics in the activities of the Women's Section of the African National Congress. In the areas identified, the study engages with the significance of the intellectual inputs of Charlotte Maxeke in South African history. / South Africa

The general aim of this dissertation is to describe and analyse how public old-age care in Sweden has developed and changed during the last century. The study applies a provider perspective on how care has been planned and professionally carried out. A broader social policy perspective, studying old-age care at central/national as well as local/municipal level, is also developed. A special focus is directed at the large local variation in care and services for the elderly. The empirical base is comprised of official documents and other public sources, survey data from interviews with elderly recipients of public old-age care, and official statistics on publicly financed and controlled old-age care and services. Study I addresses the development of old-age care in Sweden during the twentieth century by studying an important occupation in this field – the supervisors and their professional roles, tasks and working conditions. Throughout, the roles of supervisors have followed the prevailing official policy on the proper way to provide care for elderly people in Sweden; from poor relief at the beginning of the 1900s, via a generous level of services in the 1960s and 1970s, to today’s restricted and economy-controlled mode of operation. Study II describes and compares two main forms of public old-age care in Sweden today, home help services and institutional care. The care-load found in home-based care was comparable to and sometimes even larger than in service-homes and other institutions, indicating that large care needs among elderly people in Sweden today can be met in their homes as well as in institutional settings. Studies III and IV analyse the local variation in public old-age care in Sweden. During the last decades there has been an overall decline in home help services. The coverage of home help for elderly people shows large differences between municipalities throughout this period, and the relative variation has increased. The local disparity seems to depend more on historical factors, e.g., previous coverage rates, than on the present municipal situation in levels of need or local economy and politics. In an introductory part the four papers are linked together by an outline of the demographic situation and the social policy model for old-age care in Sweden. Trends that have been apparent over time, e.g. professionalisation and market orientation, are traced and discussed. Conflicts between prevailing ideologies are analysed, in regards to for instance home-based and institution-based care, social and medical culture, and local and central levels of decision-making. ’Welfare municipality’, ‘path dependency’, and ‘decentralisation’ are suggested as a conceptual framework for describing the large and increasing local variations in old-age care. Finally, implications of the four studies with regard to old-age care policy and further research are discussed. / <p>Härtill 4 uppsatser</p>

(in English): This diploma thesis deals with the literary image of Sicily by analysing characteristic works by four Sicilian authors in the historical period from the process of the Italian unification to the end of World War II. The authors are Giovanni Verga, Luigi Pirandello, Vitaliano Brancati and Leonardo Sciascia. This thesis is based primarily on the assumption that these writers are subjective and empiric authors and their works clearly reflect the fact that they hail from Sicily having been influenced by its societal norms and traditions. The author supports her arguments by the theoretical essays written by Leonardo Sciascia, who devoted his lifetime to the study of Sicily from the historical, social, political and anthropological perspective. The basic prerequisite for this work therefore consists of three theoretical publications: Pirandello e il pirandelismo (1953, Pirandello and the pirandellism), Pirandello e la Sicilia (1961, Pirandello and Sicily), La Sicilia come metafora (1979, Sicily as a metaphor). In this thesis the author attempts to trace the common attributes and linking motifs throughout selected characteristic works and their analysis. As a conclusion, the author summarizes her observations and intends to find more general parallels between the historical development of...

For the past three decades, there has been a rapid growth of African Pentecostal Christianity on America’s Christian religious scene. In general, researchers in Christian mission studies have concluded that the flow of Christian religious currents from Africa and other Third World countries to the West is something of a Christian mission in reverse process. Using agency and invention of tradition as the theoretical leads, this study explores the roles lay immigrants played in the rooting of the Christian Restoration Ministries International (CRMI), a Ghanaian founded charismatic church, in Miami, as a case study of how African Pentecostal churches originate in America. The study also shows how the Christian Restoration Ministries International (CRMI), practices an invented version of Ghanaian Pentecostalism. The study is field-work based. It concludes that the so called reverse mission thrives on the crucial roles of lay African migrant worshipers and their inventiveness.