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Die strafregtelike aanspreeklikheid van en straftoemeting aan regspersone / deur Pieter Gerhardus du ToitDu Toit, Pieter Gerhardus January 2010 (has links)
Modern juristic persons often are powerful entities and they play an influential role in society. Their activities are often accompanied by serious transgressions that have a severely detrimental impact on human beings and their environment. The effective prosecution of juristic persons is therefore necessary. The juridical foundations of the liability of juristic persons are, however, one of the most controversial issues in criminal law theory.
Individualistic theories postulate that juristic persons are merely collections of individuals. The conduct and fault of individuals constituting a juristic person must therefore form the basis of the criminal liability of the juristic person. In the United States, for instance, the foundation for the criminal liability of corporations on federal level is vicarious liability. Another individualistic model (mostly associated with English common law jurisdictions) is the so–called doctrine of identification. Only the conduct of individuals who are regarded as the 'directing minds' of the organisation may be attributed to the organisation. These approaches deny the complex structures and decision making processes that exist especially in big corporate entities.
According to realistic theories juristic persons are entities which are not dependant on their composite members. Each juristic person has its own unique personality. The culture and ethos of a juristic person influence the conduct of individuals attached to it as well as the degree in which the juristic person abides by the law. The identity of a corporation can be established by investigating the internal structure thereof. The existence of monitoring mechanisms and educational programmes within the organization, as well as the degree to which the organisation condones or disapproves of unlawful conduct, are some of the factors which may be indicative of the corporate culture. This approach is a development of the late twentieth century and has recently been adopted in the legislation of some foreign legal systems, most notably Australia.
Section 332(1) of the Criminal Procedure Act 51 of 1977 provides the basis for the criminal liability of juristic persons in South Africa. In essence the conduct and fault of functionaries (and sometimes even outsiders) are attributed to the juristic person. In terms of the provisions of the Criminal Procedure Act juristic persons may only be fined upon conviction. This approach reflects the individualistic view of corporate criminal liability. In this study recommendations are made for the purpose of improving the South African law in this regard so as to reflect a more realistic approach. The recommendations are based on an examination of realistic models proposed by legal and social theorists and legislation adopted by foreign countries which are based on these theories. It is also recommended that more sentencing options must be made available to bring about the restructuring of corporations which have committed crimes. / Thesis (LL.D.)--North-West University, Potchefstroom Campus, 2010.
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Kandidatuppsats i tolkning : Tolkning av svåra samtal i vården / : BA-thesis in Interpreting StudiesHägglund, Elisabet January 2017 (has links)
Bakgrund: Tolkar som arbetar med kontakttolkning t.ex. inom sjukvården utsätts ofta för storapåfrestningar (Baistow 2000 redovisad av Valero-Garcés 2005). Att tolka traumatiska berättelser omtortyr kan återuppväcka minnen hos en tolk som själv varit utsatt för detta. (Lor 2012:17-18). Attvidarebefordra negativa besked till en patient kan också vara smärtsamt för tolken (Butow 2012:238).Tolkar får sällan tillräckligt stöd och handledning i sitt arbete (Butow 2012:240) .Metod: Denna studie består av en enkät till 27 tolkar under vidareutbildning. De har svarat på frågorom svåra tolksamtal, vilket stöd de får och vad de anser skulle behövas för att underlätta derasarbetssituation.Resultat: Många av tolkarna påverkas mycket av att behöva ge negativa besked till patienter och av atttolka traumatiska upplevelser. De får sällan stöd i arbetet och de anser att såväl de själva somtolkanvändarna behöver mer utbildning.Slutsats: Tolkarna behöver mer stöd i arbetet men även tolkanvändarna behöver mer utbildning i attanvända tolk. Det behövs både mer omfattande och fördjupade studier för att komma fram till vilkasatsningar som bäst förbättrar tolkarnas situation och tolkningarnas kvalitet. / Background: Community interpreters working in health care often face difficult situations (Baistow2000 described in Valero-Garcés 2005). Interpreters working with refugees often themselves havebeen refugees and when they interpret stories about trauma this might remind them of their own pasttrauma (Lor 2012:17-18). Having to give bad news to a patient can also be painful to the interpreter(Butow 2012:238). In spite of the fact that interpreters have a stressful task, they seldom getappropriate support and guidance in their work (Butow 2012:240).Method: This study is made up of a survey with 27 interpreters undertaking further training. Theyhave been asked questions about to what extent they are exposed to stressful situations, how much thisaffects them and what support they get and what they consider would be needed to improve theirworking conditions.Results: Many interpreters are strongly affected from having to tell the patients bad news and frominterpreting traumatic experiences. The interpreters seldom receive support in their work and theythink they, as well as the health care staff, need more training.Conclusions: Working conditions for the interpreters are demanding and they need more support, butalso the health care staff need more training in how to work with interpreters. There is a need forlarger and deeper studies to decide what has to be done to improve the working conditions for theinterpreters and the quality of the interpretations.
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Kritiese beskouing van die leerstuk van volenti non fit Iniuria in die Suid-Afrikaanse Sportreg (Afrikaans)Hanekom, Edward Jurgens 15 May 2007 (has links)
Please read the summary in the front pages of the file named 00dissertation / Dissertation (LLM (Procedural Law))--University of Pretoria, 2007. / Procedural Law / unrestricted
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Seeing the wood for the trees : the experience of genograms and family sculpting during clinical psychology masters trainingMeese, Debra Gail 04 October 2006 (has links)
This study seeks to explore students’ subjective and collective experience of an experiential family therapy module within the Clinical Psychology Masters training programme. It looks at the perceptions of nine trainee therapists who used genograms and family sculpting to present their family of origin. The study takes place after the completion of the practical internship year with the purpose of exploring relevant emotional, cognitive, social and therapeutic effects of this module. A literature survey reveals that the use of genograms and family sculpting during training has received little research interest as most studies have primarily focused on their use during therapy with clients and in supervision. There is a scarcity of literature available that pertains directly to psychologists themselves and their wider social context. An exploratory review has been made to supplement the literature and pertains to experiential programmes in training in general and the psychologist’s self in training. The epistemology that directs this research falls within a postmodern frame. The experience is viewed from within the broad systems perspective. This approach acknowledges the dynamic and recursive interactions which occur between and within systems, and permits a broad perspective to be taken that is inclusive rather than exclusive. A qualitative research design was selected as it lends itself particularly well to the study of the ‘lived realities’ of people within their context and allows the information gained from the study to guide the research process. Semi-structured open-ended in-depth interviews were used as they allow for greater freedom and fewer restrictions regarding direction for the participant. A thematic analysis was carried out in order for the central themes of the experience to emerge. These themes were discussed extensively and integrated with the literature available. The multigenerational family presentation seems to create greater awareness of patterns and roles and these insights have a pervasive impact in many contexts. Understandably, the trainees feel emotionally overwhelmed as they become both observer and observed, viewing their interaction from a third-person perspective. This awareness of process results in a loss of spontaneous response and initial debilitation which is associated with feelings of loss and isolation. The self-exploratory behaviour gives rise to a reflexive reconstruction of self as a result of the access to new meanings regarding the dynamics and relationships within the family system, which enhances understanding of the complex interplay of systems, and ultimately facilitates the processes of integration, repair and resolution. / Dissertation (MA (Clinical Psychology))--University of Pretoria, 2007. / Psychology / unrestricted
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Les modes informels d’apprentissage numérique : le cas des travailleurs du savoir / The digital informal learning paths : the case of knowledge workersBenabid, Myriam 04 April 2018 (has links)
Cette thèse examine une réalité managériale où le développement des apprenants est opérationnel et autosuffisant grâce à des modes informels d'apprentissage numérique renforcés par un monde interconnecté croissant. Nous proposons d’analyser cette réalité auprès de ceux qui ont pour fonction de créer, diffuser ou vendre des connaissances : les travailleurs du savoir.Notre cadre théorique s’appuie sur les travaux de Bandura (1962) autour de l’apprentissage vicariant, qui se construit à partir et avec les autres. L’analyse fait émerger quatre pratiques que nous qualifions d’« anthropocentrées ». Nous expliquons les conditions d’un tel apprentissage en mobilisant le prisme de l’apprenance, suggérant des facteurs de recours. Enfin, nous interrogeons le lien entre pratiques et facteurs afin de mettre en évidence des modes informels d’apprentissage numériques. Nous mettons en avant quatre modes évoquant les célèbres personnages de Goscinny et Uderzo, les modes :Astérix, consistant à mobiliser toutes les ressources nécessaires pour répondre à une ambition précise ;Idéfix, illustre pour l’apprenant une mise à jour réactive afin s’ajuster aux évolutions ;Obélix, est mis en œuvre pour répondre efficacement au bon besoin, au bon moment ;Panoramix, révèle les créations et diffusions de contenus.Notre travail enrichi les modèles existants de l’apprentissage vicariant et de l’apprenance, au sein de leur spécificité numérique. L’identification de ces quatre modes par les organisations s’associe d’un accompagnement adéquat. / This doctoral work examines the learning experience as an operational and self-sufficient development through informal paths of digital learning reinforced by an increasing interconnected world. We purpose an analysis with those whose function is to create, disseminate or sell knowledge : the knowledge workers.Our theoretical framework is inspired by Bandura (1962), which provides a reading grid of vicarious learning, i.e. learning from others. First, our analysis identifies four informal learning practices that we describe as "anthropocentric". Second, we explain the conditions of such learning by mobilizing the prism of “apprenance” which allows us to identify the factors favoring the use of these practices .Finally, we question the link between practices and factors in order to highlight informal modes of digital learning. We put forward four paths evoking the famous characters of Goscinny and Uderzo :Asterix mobilizes all the necessary resources to meet a specific ambition ;Idéfix updates his knowledge in reaction to changes ;Obelix responds effectively to the right need, at the right time ;Panoramix, reveals the creation and the diffusion of contents.Our work enriches and refines existing models of vicarious learning and “apprenance” with the specificity of the symbolic world.This distinction of four paths allows organizations to better distinguish learner profiles among collaborators as well as the appropriate support methods in their learning.
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Essays on Drivers of Quality and Compliance Performance in the Pharmaceutical Industry: Policy, Manufacturing Strategy, and Organizational Learning PerspectivesNoh, In Joon 13 November 2020 (has links)
No description available.
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Gender in the Development of Career Related Learning ExperiencesWilliams, Christine M. 05 August 2010 (has links)
No description available.
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Promoting Resiliency: Vicarious Posttraumatic Growth in Trauma CliniciansHoward, Christopher January 2010 (has links)
No description available.
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[en] PRO-EXISTENCE: A KEY THEOLOGICAL TERM IN THE CHRISTOLOGY OF JOSEPH RATZINGER / [pt] PRÓ-EXISTÊNCIA: UMA CHAVE TEOLÓGICA NA CRISTOLOGIA DE JOSEPH RATZINGEREVERALDO BON ROBERT 25 March 2021 (has links)
[pt] Bento XVI, em sua obra Jesus de Nazaré: Desde a entrada em Jerusalém até a ressurreição , publicada em 2011, afirmou que a preposição por é a palavra-chave para se entender o mistério de Cristo e o significado do seu seguimento, pois introduz na teologia o conceito de pró-existência. A presente tese tem como finalidade estudar como aparece e que lugar ocupa o conceito de pró-existência na obra cristológica de Joseph Ratzinger. Ao desenvolver o presente estudo em quatro capítulos expositivos, o autor se propõe no primeiro capítulo diversas considerações preliminares. No segundo capítulo, a pesquisa expõe a manifestação de Deus como pró-existente no decurso da história. No terceiro, são apresentados os fundamentos da pró-existência: em Jesus, e, a partir de sua revelação, no mistério trinitário. No último capítulo se desenvolve a pró-existência no sacrifício oferecido por Jesus na cruz. O trajeto proposto fundamenta as afirmações de Jesus de Nazaré . O vocábulo bíblico por introduz na teologia o conceito de pró-existência: a vida de Jesus se caracterizou como uma existência toda voltada para o Pai e vivida para a salvação da humanidade. Da revelação de Jesus Cristo se é conduzido a conhecer a pró-existência
intratrinitária, e, ao mesmo tempo, a considerar a pró-existência do homem enquanto pessoa e cristão. O ápice da entrega de Cristo para o Pai e para a humanidade se deu no mistério da cruz. Sendo Cristo o constitutivo do ser-cristão, este, ao responder à oferta salvífica feita por Cristo na cruz, encontrará a si mesmo e a própria salvação. De modo concreto, o ser humano se descobrirá e será salvo, ao reproduzir em si a atitude fundamental que caracterizou a pessoa e o agir de Jesus: vivendo de forma pró-existente sua entrega confiante e obediente ao Pai, e, ao mesmo tempo, o amor solícito ao próximo. / [en] Benedict XVI, in his work Jesus of Nazareth: From the Entrance into
Jerusalem to the Resurrection , published in 2011, stated that the preposition for is
the key word to understand the mystery of Christ and the meaning of following him,
as it introduces the concept of pro-existence into theology. This present thesis aims
to study how it appears and what place the concept of pro-existence occupies in the
Christological work of Joseph Ratzinger. Structured in four explanatory chapters, this
research proposes several preliminary considerations in the First Chapter. In the
Second one, the survey exposes the manifestation of God as pro-existing throughout
history. In the Third Chapter, the foundations of pro-existence are summarized on
Jesus and his revelation, in the Trinitarian mystery. The Last Chapter presents the
pro-existence in the sacrifice offered by Jesus on the cross. The suggested path
underlies the claims of Jesus of Nazareth . The biblical term for leads the concept
of pro-existence into theology: Jesus life was distinguished as an existence all
engaged towards the Father and lived for the salvation of mankind. From the
revelation of Jesus Christ, one is led to know the intra-Trinitarian pro-existence, and,
at the same time, to consider the pro-existence of man as a person and a Christian.
The height of Christ s surrender to the Father and to humanity took place in the
mystery of the cross. Since Christ is the constituent element of the Christian being,
one will find oneself and one s own salvation in responding to Christ s saving offer
on the cross. In a concrete way, the human being will discover oneself and be saved
by reproducing in a fundamental attitude that characterized the person and behavior
of Jesus: living in a pro-existing way his confident and obedient surrender to the
Father, and, at the same time, a solicitous love towards others.
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Selected motivational variables that influence spectator attendance of professional woman's soccer matches.Mabasa, Peace Nhlawutelo 06 1900 (has links)
M. Tech. (Department of Business Administration, Faculty of Management Sciences), Vaal University of Technology. / Sport has become the great unifier globally since governments, countries and organisations are using it as a resource to bring people together. The sport industry is one of the fastest rising business segments and its primary aim/objective is to generate the revenue from sport spectators. In the past decade, the behaviour of sport spectators has received increasing attention in academic literature. A better understanding of how and why sport spectators go to stadiums and travel great distances to support their sport clubs is of great interest to sport marketers. Soccer, in particular, is perhaps one of the greatest sport phenomena in terms of its attraction for hundreds of thousands of occasional spectators of every age and gender, who come together in soccer stadiums around the globe every week to watch games. In South Africa, soccer is the leading sport from both a participation and spectator viewpoint. Understanding sport consumers willingness to attend is arguably one of the most important concerns in sport marketing and consumer-relationship management. As found in sport consumption literature, a “good relationship with sport consumers by sport clubs is an essential factor for a successful sport business” because it is much cheaper to serve satisfied consumers and easier to sustain their support.
The purpose of this study was to examine selected motivational variables that influence spectators’ attendance of professional women’s soccer matches to better understand the development of the sports consumption sector. There is an absence of research conducted concerning this direction and subsequently a lack of existing literature, especially among women’s sport. To contribute to filling this void, this study attempts to measure the relationships between these variables. Earlier research has demonstrated that consumers’ willingness to attend is highly determined by their satisfaction.
This study is descriptive and correlational in nature and follows a quantitative research approach. The target population comprised spectators of professional women’s soccer in the Gauteng province of South Africa. A snowball sampling technique was used to identify the participants fitting the predetermined sample standards. A total number of 316 questionnaires were received and analysed. Relevant areas, research approaches and data acquiring procedures were described. Additionally, means and factor analysis were performed to determine the level of selected motivational variables, team satisfaction and willingness to attend of spectators and to establish the underlying factors of the constructs respectively. Moreover, a correlation analysis was conducted to establish the strength and direction of the relationship between the study variables. Lastly, a regression analysis was performed to check the predictive relationship between the study’s constructs.
The study revealed that motivational variables (vicarious achievement, involvement, social interaction, perceived value) have a significant relationship with spectator satisfaction. In addition, spectator satisfaction was found to be the determinant of spectator willingness to attend professional women’s soccer matches. Based on the results of this study, this research adds to the scant literature on spectators of women’s sport and proposes perspectives on the level of motives and behaviours of spectators, which can be used by women’s sport organisations and government organisations in elevating women’s soccer in South Africa. In this way, sport organisations could develop spectator engagement campaigns and marketing materials in order to engender and enhance women’s spectator participation. Further, sport managers and sport marketers should make every effort to increase the perceived value of services such as fees which are fair, albeit under the global negative economic climate, in order to satisfy the needs of spectators and at the same time reap rewards from the presence of spectators in stadiums and ensure that this presence continues.
Based on these findings, limitations as well as future research opportunities and contributions of this study are discussed.
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