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The Global ETD Search service is a free service for researchers
to find electronic theses and dissertations. This service is
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Networked Digital Library of Theses and Dissertations.
Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
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Showing 21 to 28 of 28 (0.09 seconds)| 21 |
Medical therapeutic privilegeCoetzee, Lodewicus Charl 01 January 2002 (has links)
The therapeutic privilege is a defence in terms of which a doctor may withhold information from
a patient if disclosure of such information could harm the patient. This study explores the defence
of therapeutic privilege and provides a critical evaluation. A comparative investigation is
undertaken, while arguments springing from a variety of disciplines are also incorporated.
A number of submissions are made for limiting the ambit of the defence. The main submission
is that the therapeutic privilege should comply with all the requirements of the defence of
necessity. In addition, it should contain some of the safeguards afforded to the patient by the
requirements of the defence of negotiorum gestio so that therapeutic privilege is out of the
question if medical treatment is administered against the patient's will, or the doctor has reason
to believe (or knows) that the patient will refuse to undergo an intended intervention once
properly informed. / Jurisprudence / L.L.M. (Jurisprudence)
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After About: Unlearning Colonialism, Ethical Relationality, and the Possibilities for Pedagogical PraxisHowell, Lisa 29 August 2022 (has links)
In 2015, the Truth and Reconciliation Commission of Canada (TRC) called on Ministries of Education, Faculties of Education, school administrators, and K-12 teachers to integrate Indigenous knowledges and pedagogies across the school curriculum. The TRC explicitly emphasized that education would be the intergenerational key to reconciliation in Canada and most provinces and territories quickly implemented curricula and developed resources to respond to the Calls to Action. Despite this mandate and these commitments, many teachers and teacher candidates continue to report that they do not have the skills, knowledge, or confidence to teach about the history of the Indian Residential Schooling system, Indigenous knowledges, or reconciliation. Research suggests that teacher resistance to "difficult knowledge" is a crucial contributing factor toward teachers avoiding, ignoring, and dismissing reconciliation work and upholding colonial logics. Moreover, teacher candidates and teachers often rely on the inaccurate and incomplete narratives they have learned about Canadians and First Nations, Inuit, and Métis Peoples. This impacts what and how they teach about these relationships, complicating the transformational changes the TRC urgently called for. How, then, might teachers unlearn these colonial stories and move from learning about Indigenous peoples to learning from them? Drawing on Donald’s concept of "ethical relationality", this study employed a qualitative approach to conduct conversational interviews with teacher candidates, teachers, staff, and students at two research sites. This study asks, "What are the curricular and pedagogical significances of ethical relationality to processes of unlearning colonialism?" Using a hermeneutic approach to interpret the stories shared, this study weaved within and between the landscapes of home and place. Findings reveal that teachers who experience supportive, multi-layered, and extended opportunities to unlearn settler colonialism and learn Indigenous wisdom traditions and knowledges from Indigenous peoples have the opportunity to understand a new story about Canadian-Indigenous relations. This study suggests that unless teachers begin to unlearn colonial logics, deeply understanding that they are implicated in ethical kinship relations with the places in which they live and with First Nations, Inuit, and Métis peoples, there is a significant possibility that curricula, professional development, and resources will not manifest in the transformational change that the TRC called for.
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A sceptical aesthetics of existence : the case of Michel FoucaultSimos, Emmanouil January 2018 (has links)
A Sceptical Aesthetics of Existence: The Case of Michel Foucault Emmanouil Simos (Hughes Hall) Michel Foucault's genealogical investigations constitute a specific historical discourse that challenges the metaphysical hypostatisation of concepts and methodological approaches as unique devices for tracking metaphysically objective truths. Foucault's notion of aesthetics of existence, his elaboration of the ancient conceptualisation of ethics as an 'art of living' (a technē tou biou), along with a series of interconnected notions (such as the care of the self) that he developed in his later work, have a triple aspect. First, these notions are constitutive parts of his later genealogies of subjectivity. Second, they show that Foucault contemplates the possibility of understanding ethics differently, opposed to, for example, the traditional Kantian conceptualisation of morality: he envisages ethics in terms of self-fashioning, of aesthetic transformation, of turning one's life into a work of art. Third, Foucault employs these notions in self-referential way: they are considered to describe his own genealogical work. This thesis attempts to show two things. First, I defend the idea that the notion of aesthetics of existence was already present in a constitutive way from the beginning of his work, and, specifically, I argue that it can be traced in earlier moments of his work. Second, I defend the idea that this notion of aesthetics of existence is best understood in terms of the sceptical stance of Sextus Empiricus. It describes an ethics of critique of metaphysics that can be understood as a nominalist, contextualist, and particularist stance. The first chapter discusses Foucault's late genealogy of the subject. It formulates the interpretative framework within which Foucault's own conceptualisation of the aesthetics of existence can be understood as a sceptical stance, itself conceived as nominalist, contextualist and particularist. As the practice of an aesthetics of existence is not abstract and ahistorical but the engagement with the specific historical circumstances within which this practice is undertaken, the second chapter reconstructs the intellectual context from which Foucault's thought has emerged (Heidegger, Blanchot, and Nietzsche). The third chapter discusses representative examples of different periods of Foucault's thought -such as the "Introduction" to Binswanger's "Traum und Existenz" (1954), Histoire de la folie (1961), and Histoire de la sexualité I. La volonté de savoir (1976)- and shows in which way they constitute concrete instantiations of his sceptical aesthetics of existence. The thesis concludes with responses to a number of objections to the sceptical stance here defended.
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Experiments of ethics and economic behaviorRode, Julian 25 October 2007 (has links)
The dissertation employs laboratory experimental methodology to study decision-making when people face trade-offs between ethical and economic values. More explicitly, the three chapters investigate 1) consumer behaviour when a substantially equivalent version of a product is more expensive because it was produced without child labour, 2) the interaction between an expert advisor and an ignorant decision-maker, when the former may gain from lying and the latter has to decide whether or not to trust in the advice, and 3) fairness in divisions of an economic gain between two people who were both involved in creating the gain, but only one of them provided real effort. Here, a focus is on the impact of power structure, i.e. who decides, on divisions and fairness judgments. All studies discuss implications of experimental behaviour for market and business domains. In addition, the thesis emphasizes ethical theories as complementary to normative benchmark from economic and psychological theory. / La tesis utiliza una metodología experimental para investigar las decisiones de los individuos cuando hay un conflicto entre valores éticos y económicos. Mas específicamente, los tres capítulos investigan sobre 1) el comportamiento del consumidor cuando se enfrenta a dos versiones de un mismo producto, siendo una de ellas más cara por ser producida sin trabajo infantil, 2) la interacción entre un agente experto y un agente desinformado que debe tomar una decisión confiando o no en el consejo del experto, el cuál puede mentir para ganar más dinero, y 3) el reparto justo de una ganancia económica entre dos personas de las cuales sólo una ha contribuido trabajando en un ejercicio. Este último estudio se centra en el impacto de la estructura de poder, es decir quién decide, en el reparto y en los juicios de que es lo justo. Los estudios analizan las implicaciones del comportamiento experimental sobre los mercados y las empresas. Además, la tesis propone teorías éticas para complementar las teorías económicas y psicológicas.
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Truth-telling in aged care: a qualitative studyTuckett, Anthony Gerrard January 2003 (has links)
This thesis argues that truth-telling in high level (nursing home) aged care is a undamentally important aspect of care that ought to reside equally alongside instrumental care. The health of the resident in a nursing home, as with individuals in other care contexts, is directly linked to care provision that allows the resident to be self determining about their care and thus allows them to make reasonable choices and decisions. This qualitative study explores the meaning of truth-telling in the care providerresident dyad in high level (nursing home) aged care. Grounded within the epistemology of social constructionism and the theoretical stance of symbolic interactionism, this study relied on oral and written text from care providers (personal care assistants and registered nurses) and residents. Thematic analysis of data relied on practices within grounded theory to determine their understanding and the conditions and consequences of their understanding about truth-telling in the nursing home. Through an understanding of the relationship-role-residency trinity, truth-telling in high level (nursing home) care comes to be understood. It has been determined that the link between truth-telling and the nature of the care provider-resident (and residents' families) relationship is that both personal carers and nurses in this study premise their understanding of truth disclosure on knowing a resident's (and resident's family's) capacity for coping with the truth and therefore catering for the resident's or family's best interests. The breadth and depth of this knowing and how the relationship is perceived and described determine what care providers will or will not tell. That is, the perceptions both personal carers and nurses have about the relationship - how they describe themselves as 'family like', 'friend' and 'stranger', has implications for the way disclosure operates and is described. Additionally, how care providers perceive and understand their role determines what care providers will or will not tell. That is, the perceptions both carers and nurses have about their own and each other's role - how they describe themselves for example as 'hands-on' carer and 'happy good nurse' has implications for the way disclosure operates and is described. Furthermore, care providers' meaning and understanding of truth-telling in aged care is not possible in the absence of an appreciation of how the care providers give meaning to and come to understand the care circumstance - residency, the aged care facility, the nursing home. That is, the perceptions both personal carers and nurses have about the aged care facility - how they describe residency as 'Home away from Home' (and what this means), as a place of little time and a plethora of situations have implications for the operation of truth-telling as a whole. Recommendations from the study include the implementation of a telling audit to better serve the truth-telling preferences of residents and the reorientation of care practices to emphasise affective care (talk rather than tasks). Furthermore, it is recommended that changes occur to the care provider roles, that care providers define themselves as facilitators rather than protectors, and education be ongoing to improve communication with and care of residents with dementia and those dying. Finally, the language of residency as 'home' needs to capture an alternate philosophy and attendant practices for improved open communication.
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The effectiveness of the South African Truth and Reconciliation Commission in the contect of the five pillars of transitional justiceMotlhoki, Stephina Modiegi 09 1900 (has links)
This study evaluated the effectiveness of the South African Truth and Reconciliation
Commission (SATRC), using the theoretical and conceptual framework of the five
pillars of transitional justice. Chitsike (2012) identified the five Pillars of Transitional
Justice that the study uses. For that reason, Truth-Seeking and Truth-Telling, Trials
and Tribunals, Reparations, Institutional Reform and Memorialisation are the Five
Pillars of Transitional Justice that this study elected to use as the conceptual and
theoretical framework. The Five Pillars of Transitional Justice that were delineated by
Boraine (2005) are referred to for analytical purposes in the study. Methodologically,
the study assumes a qualitative posture. Literature study through content analysis that
uses description and exploration is deployed to make interpretation of the used
literature.
This study notes that each one of the pillars of transitional justice has its
recommendations and limitations, and the pillars are much more enriched and
enriching when applied in complementarity to each other rather than in isolation. The
SATRC process also had its achievements and limitations, and its popularity was
based on political impressions rather than concrete transitional justice achievements
on the ground, in the view of the present study. Furthermore, it appears to the present
study that more time is needed for much more reliable evaluations of the effectiveness
of the Truth and Reconciliation Commission (TRC) to be made, some of its successes
and limitations will take many years and or even decades to manifest because at the
end of the day, TRCs are historical process and not events. / Political Sciences / M.A. (Politics)
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Transitional criminal justice in SpainSalsench Linares, Samantha 31 January 2023 (has links)
Diese Arbeit befasst sich mit den Fällen von Repression, die während des Spanischen Bürgerkriegs 1936-1939 und der franquistischen Diktatur stattfanden und die seit den 2000er Jahren vor Gericht gebracht wurden. Im ersten Teil der Arbeit werden diese Fälle unter spanisches Strafrecht subsumiert. Im zweiten Teil der Arbeit wird untersucht, ob das vom spanischen Parlament im Oktober 1977 verabschiedete Amnestiegesetz mit den internationalen Menschenrechtsnormen vereinbar ist. Schließlich werden im dritten Teil der Arbeit die Fälle aus der Zeit des Spanischen Bürgerkriegs 1936-1939 nach internationalem Strafrecht und humanitärem Recht analysiert. / This work deals with the cases of repression that occurred during the 1936-1939 Spanish Civil War and the Francoist dictatorship and that have been brought to court since the 2000s. A first part of the work has subsumed these cases under Spanish domestic criminal law. A second part of the work examines the compliance of the amnesty law enacted by the Spanish Parliament in October 1977 with International Human Rights Law. Finally, a third part of the work analyses the cases occurred during the 1936-1939 Spanish Civil War under international criminal and humanitarian law.
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My Journey with Prisoners: Perceptions, Observations and OpinionsBriney, Carol E. 08 July 2013 (has links)
No description available.
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