The legal historical development of fairness in the South African common law of contract is investigated in the context of the political, social and economic developments of the last four centuries. It emerges that the common law of contract is still dominated by the ideologies of individualism and economic liberalism which were imported from English law during the nineteenth century. Together with the theories of legal positivism and formalism which are closely related to parliamentary sovereignty and the classical rule of law, these ideals were transposed into the common law of contract through the classical model of contract law which emphasises freedom and sanctity of contract and promotes legal certainty. This approach resulted in the negation of the court’s equitable discretion and the limitation of good faith which sustain the social and economic inequalities that were created under colonialism and exacerbated under apartheid rule. In stark contrast, the modern human rights culture grounded in human dignity and aimed at the promotion of substantive equality led to the introduction of modern contract theory in other parts of the world. The introduction of the Constitution as grounded in human dignity and aimed at the achievement of substantive equality has resulted in a sophisticated jurisprudence on human dignity that reflects a harmonisation between its Western conception as based on Kantian dignity and ubuntu which provides an African understanding thereof. In this respect, ubuntu plays an important role in infusing the common law of contract with African values and in promoting substantive equality between contracting parties in line with modern contract theory. It is submitted that this approach to human dignity should result in the development of good faith into a substantive rule of the common law of contract which can be used to set aside an unfair contract term or the unfair enforcement thereof. / Private Law / LL. D.

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Many people do not like thinking about the future. If they do, over 50% of Canadians think “our way of life” (p. 7) will end within 100 years and over 80% of Canadians think “we need to change our worldview and way of life if we are to create a better future for the world” (Randle & Eckersley, 2015, p. 9). There is a good reason for this. Alarms have sounded over global urgent complex problems with potential for catastrophic consequences such as the development of artificial intelligence, climate change, mass extinction, nuclear war and pandemics (Marien & Halal, 2011). Society is also increasingly fragmenting as imminent crises build on lack of understanding, the sense of incapacity to act, fear, distrust, blame and a lack of hope. This struggle for humanity’s survival is complicated by the turbulent global environment in which institutions continue to follow path-dependent trajectories set forth in a different time and context. Governments at various levels face a problem of “fit” between current structures and processes, that have not progressed sufficiently to meet changing needs of a global society mired in complexity and governance challenges. However, hope exists. Incremental progress on many fronts and a massive amount of efforts and resources are being engaged worldwide. There are emerging fields, lenses and tools that can potentially alleviate complex problems and address this emergency. The purpose of this dissertation is to understand and assess dialogue-based foresight practices being applied towards complex problems in Canada to provide insights into how these practices can assist society to alleviate global urgent complex problems and their impacts, within this backdrop of looming crises. Foresight, alternatively known as future studies or scenario-building, is a forward-looking practice recognized and used globally with over 100 research organizations focused on foresight, widespread usage by firms and over 18 countries involved in foresight activities (Berze, 2014b). Overall literature findings suggest foresight is widely and at least incrementally effective with a number of impacts in various areas (Calof, Miller, & Jackson, 2012; March, Therond, & Leenhardt, 2012; Meissner, Gokhberg, & Sokolov, 2013) but the extent of this effectiveness, the mechanisms involved, and the specific foresight benefits per type of project needs further research and evidence. For instance, limited literature exists on whether foresight can transform complex situations and if so, under what conditions. Thus, opportunities exist for assessing and increasing foresight’s impact. This dissertation is a contextualized, systematic empirical study that taps into transdisciplinary literature and practice, case studies of how foresight has been used to address specific types of complex problems in Canada, as well as surveys and interviews with foresight experts and participants. This dissertation uses a foresight community scan and a comparative case study approach to provide practical and theoretical benefits to foresight and complex problem area stakeholders. The research focuses on studying the broad interactions of foresight and identifying the impacts of dialogue-based foresight projects on people and the outcomes of complex problems. The dissertation concludes that dialogue-based foresight is a valuable and unique practice for ameliorating complex problems and their consequences. Insights are offered towards dialogue-based foresight’s potential contributions within the context of other efforts directed at humanity’s struggle for survival and global complex problems. These insights can then foster the further development and application of dialogue-based foresight on a global scale to alleviate complex problems and their effects. The dissertation outlines recommendations on key next steps to realize these potential contributions. / Graduate

Indiana University-Purdue University Indianapolis (IUPUI) / In the fields of formal and informal online adult education, the absence of a social context for instruction has been found to present significant limitations for learner persistence and retention. In the field of online psychoeducational intervention, self-administered and self-paced individualized prevention programs have been developed for delivery to large populations of anonymous users. These delivery models provide limited social context for instructional activities, due in part to the anonymity of their participants. When social interaction is included in their prevention programs through voluntary, asynchronous self-help/mutual aid discussion forums, anonymity may still limit social interaction, in favor of observational learning advantages for self-efficacy appraisals derived from "lurking". When these large-group models have been applied to online psychoeducation intervention programs for the purposes of encouraging mutual aid, interactive participation has been limited. This mixed methods study focused on a model for the design of an online small group psychoeducational intervention that integrated individual and social learning in a parent management training program. Self-paced participation was replaced with facilitator-led participation in an asynchronous discussion forum where topics were prioritized and sequenced with learning content from individual web-based training modules. Social interaction was facilitated through online problem-based learning discussion group. Despite assertions that interactive participation in online psychoeducational discussion forums may only be accomplished once a subscriber threshold of several hundred participants has been reached, this study found that small group participation through the program's integrated design resulted large effects for increases in parent self-agency and reduction of over-reactive, coercive parenting behaviors. Participation in the online problem-based group discussion forum was found to have contributed to participant outcomes when posting characteristics revealed the presence of both mutual aid processes and the application of individual learning module content.

This thesis explores questions of gender equality in social welfare theory; methodologies; approaches and policymaking in the Global South in the context of land reforms. This stems from the realisation that gender equality issues in social welfare are increasingly receiving greater attention in the context of the Global North and less in the South. By adopting a Transformative Social Policy framework, the research departs from hegemonic livelihoods, poverty reduction and the ‘classical models’ of land reforms often designed from the mould of the neoliberal discourse of individual tenure to focus on land reform as a relational question. Empirical data was gathered using a sequential explanatory mixed-methods approach involving survey questionnaires; in-depths interviews; focus group discussions; key informant interviews and field observations. A total of 105 randomly selected households, comprising 56 male-headed households (MHHs) and 49 female-headed households (FHHs) participated in the quantitative component of the study, comprising a control group of nonland reform beneficiaries. Additionally, 30 purposively selected in-depths interviews comprising 20 FHHs and 10 MHHs were conducted in resettlement study sites. Findings from this this study indicates that despite the country’s depressed economic environment and the effects of climate change, transfer of land enhanced the productive capacities of individuals and rural households, including those headed by females. At micro-level, in-kind transfer of land to rural households proved to be a more superior social protection measure compared to either food or cash transfer. However, social relations and institutions proved resistant to change, posing a greater obstacle to social transformation. And more importantly, from a social reproductive perspective, the same land reform that enhanced the productive capacities of women, inadvertently, increased their social reproductive work with implications on the welfare of women relative to men. The thesis makes a contribution to social policy debates in Africa, which hitherto have been dominated by the introduction of cash transfers as witnessed in many countries across the continent. The transformative social policy approach brings novelty to the study of land reforms. By Conceptualising gender as a relational and social construct, the study adds knowledge on the nexus between gender, land reform and welfare using the Fast Track Land Reform Programme (FTLRP) as reference. With the FTLRP––as a leftist policy in a liberalised economy––there is a need for the government to re-align its social and economic policies to avoid inconsistencies in the country’s development path. On the gender front there is need to legislate resettlement areas as outside the jurisdiction of traditional structures; promulgate statutory instruments dealing with land and setting up designated land claims courts linked right up to the Constitutional Court. Specifically, for Chiredzi, there is a need to establish a corporate body to administer the affairs of Mkwasine following the pulling out of the Estate. Keywords: gender, land reforms, water reforms, transformative / Sociology / Ph. D. (Sociology)

The purpose of this dissertation is to understand the managerial "action" of public administrators in the management of their organizations within the Brazilian context. The research seeks to understand the relationships between managers and formal management mechanisms by exploring the complementary nature of the effective managerial action in the face of structural deficiencies and flaws, considering the possibility of overcoming the structuralism-subjectivism dichotomy present in the construction of the Theory of Organizations. Initially, the study provides a review of the literature on organizational design. It highlights the "goodness of fit" proposition on strategic choice issues concerning the main organizational variables design and organizational goal attainment. It also calls special attention to the emerging interest of designing theorists on interpretivist approaches to the matter, such that of Karl Weick. A review of the the administrative reforms in Brazil is made from the perspective of the main stream organizational design conceptual framework. It highlights the complex dynamics of a constant search for differentiation and flexibilization subject to patterns of advances and reversals, due to the centrality, strength and pervasiveness of the bureaucratic model. It is concluded that in no single given moment, a public manager and his team, may count on a formal organizational design which attends the"congruency" criteria, devised by organizational design conceptual frameworks, to explain organizational results in different environmental sets. Although this conclusion may explain failure at the public sector, it can not provide understanding on the many instances of significative success attained by government operations in spite of inadequate formal administrative structures. This point calls for a better understanding from the interpretivist approach, on how public administrators, strongly associated with good organizational results, engage into transformative action, in order to superate administrative structures flaws and dysfunctional cultural patterns of conduct, structurally present and constantly reproduced, in vigorous developing countries, such as Brazil. The dissertation transcribes the testimony of four outstanding public administrators, doing a deep incursion in the managerial real world of public administration, as subjectively defined by them and transformed by their engagement into action.Through the thematic version of the Oral History methodology, full segments of the complete interviews are categorized into the thirty two managerial strategies captured which are presented on a recategorized manner under eight main strategies: (1) Interchanging Frames of Reference; (2) Exploring the Formal Limits; (3) Playing the Bureaucracy Game; (4) Inducing the Inclusion of Others (5)Promoting Internal Cohesion; (6) Creating Shields against Transgressions; (7) Overcoming Internal Restrictions; (8) Letting the Structures Blossom. Each one of these eight blocks of strategies presented, deserves further reflexive interpretation by the author, on the light of the interpretivist approach to organizational design. A final effort is made, now on theory building, for improving understanding on the matter. In order to find a significant meaning underlining all the strategies extracted from the "practical consciousness" of the interviewers as revealed in their report, the author resort to a metaphor. This metaphor helps to: (1) better describe and understand a not adequately treated phenomenon, namely, good results under inadequate structural social and organizational conditions; (2) reveal the logic and the meaning underlining all the strategies adopted to generate results under these unfaithful conditions; (3) name, accordingly to the nature of the managerial transformative social action involved, an open ended class of managerial interventions of a pragmatic sort driven by an ethics of results much common to good managers, that is, the concept of "managerial equalization"; and (4) give back to public administrators, represented by the interviewees, to be incorporated in their "discursive consciousness", something the most effective and experienced public managers already have as tacit knowledge built in their "practical consciousness", and so, help the education and development of new talents. / Ph. D.

This study is an interpretive form of qualitative research that is founded in educational connoisseurship and criticism, which uses the author’s personal experiences as a holistic educator in a public school to connect theory and practice. Key research questions include: How do I, as a teacher, work with the Ontario curriculum to make it more holistic? What strategies have I developed in order to teach a more holistic curriculum? What kinds of difficulties interfere with my practice as I attempt to implement my holistic philosophy of education? This dissertation seeks to articulate a methodology for developing holistic curriculum that is in conformity with Ontario Ministry guidelines and is also responsive to the multifaceted needs of the whole student. The research findings will serve to inform teachers who wish to engage in holistic education in public schools and adopt a curriculum that is transformative while still being adaptable within mainstream education.

This study is an interpretive form of qualitative research that is founded in educational connoisseurship and criticism, which uses the author’s personal experiences as a holistic educator in a public school to connect theory and practice. Key research questions include: How do I, as a teacher, work with the Ontario curriculum to make it more holistic? What strategies have I developed in order to teach a more holistic curriculum? What kinds of difficulties interfere with my practice as I attempt to implement my holistic philosophy of education? This dissertation seeks to articulate a methodology for developing holistic curriculum that is in conformity with Ontario Ministry guidelines and is also responsive to the multifaceted needs of the whole student. The research findings will serve to inform teachers who wish to engage in holistic education in public schools and adopt a curriculum that is transformative while still being adaptable within mainstream education.

A fundamental change in societal values and economic structures is required to address increasing pressures on ecosystems and natural resources. Transition research has developed in the last decades to analyze the co-dynamics of technological, institutional, social and economic elements in the provision of key functions such as energy, water and food supply. This doctoral dissertation provides conceptual and methodological contributions to the pro-active governance of sustainability transitions. Three research gaps are identified that are addressed in this dissertation. First, a comprehensive conceptualization of learning in sustainability transitions is currently missing that comprises learning at multiple societal levels (ranging from individuals to policy-actors). Learning concepts are often not explicitly discussed in transition research even though learning is considered as fundamental for innovation processes, niche formation and development as well as breakthrough and diffusion of innovations. Second, methods for the analysis and design of transition governance processes are lacking that specify case-specific intervention points and roles of actors in the implementation of innovations. Third, participatory modeling approaches are only applied to a limited extent in transition research despite a high potential for supporting communication and learning. The conceptualization of multi-level learning developed in this doctoral research conceptualizes learning at different societal levels as specific learning contexts ranging from individual and group contexts to organizational and policy contexts. The conceptual framework further differentiates between learning processes, intensity, objects, outcomes, subjects and factors, allowing for a more detailed analysis of learning within and across learning contexts. Thus, learning contexts can be linked by processes that involve actors from different learning contexts (e.g., community groups and policy-makers), as well as exchanges of physical aspects, institutions and knowledge (in the form of ‘learning factors’). This research has also provided a classification of model uses in transition research that supports a purposeful discussion of the opportunities of modeling and promising future research directions. The methodology developed in this doctoral research aims at the analysis and design of transition governance processes by specifying the various opportunities to contribute to sustainability transitions through purposeful action at different societal levels, as well as related roles of stakeholders in implementing such processes of change. The methodology combines different streams of previous research: 1) a participatory modeling approach to identify problem perceptions, case-specific sustainability innovations as well as related implementation barriers, drivers and responsibilities; 2) a systematic review to identify supportive and impeding learning factors from the general literature that can complement case-specific factors; and 3) a method for the analysis and design of case-specific transition governance processes. Three case studies in Canada (topic: sustainable food systems), Cyprus (water-energy-food nexus) and Germany (sustainable heating supply) have been selected to test and iteratively develop the methodology described above. The results for each case study reveal that there are learning objects (i.e., learning requirements) in all learning contexts, which underscores the importance of multi-level learning in sustainability transitions, ranging from the individual to the group, organizational and policy levels. Actors have various opportunities to actively facilitate societal transformations towards sustainable development either directly through actions at their particular societal levels (i.e., context-internal learning) or indirectly through actions that influence learning at other societal levels. In fact, most of the learning factors require cooperation across learning contexts during the implementation process. The comparing of learning factors across case studies underline the importance of several factor categories, such as ‘physical a ‘disturbance or crisis’, ‘information and knowledge’. Of the 206 factors identified by stakeholders, 40 factors are case-specific and not contained in the general, review-based factor list. This underscores the value of participatory research, as general, top-down analyses might have overlooked these case-specific factors. The methodology presented in this dissertation allows for the identification and analysis of case-specific intervention points for sustainability transitions at multiple societal levels. The methodology furthermore permits the analysis of interplay between individual, group, organizational and policy actions, which is a first step towards their coordination. The focus on sustainability innovations links the broad topic of sustainability transitions to a set of opportunities for practical interventions and overcoming their implementation barriers. The methodology presented allows for the analysis and design of these interlinkages between learning contexts. While the methodology cannot provide any ‘silver bullets’ for inducing sustainability transitions, it is flexible enough to identify an appropriate abstraction level for analyzing and designing transition governance processes. The methodology developed in this doctoral research also provides several contributions for the development of participatory modeling methods in transition research. Thus, the participatory method supports an integrated analysis of barriers and drivers of sustainability innovations, and allows application in practice and education. The concepts and methods developed in this research project allow for reflection on transition governance processes from a systemic viewpoint. Experiences in the case studies underline the applicability of the concepts and methods developed for the analysis of case-specific transition governance processes. Despite substantial differences in the geographic location, culture and topics addressed, all case studies include promising sustainability innovations and the engagement of multiple actors in their implementation. The diversity and multitude of initiatives in the case study regions provides an optimistic outlook on future opportunities for large-scale sustainability transitions.