Dissertations / Theses: 'Culture and law – Swaziland'

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Manson, Katherine Elizabeth. "Comparing and contrasting liberal, communitarian and feminist approaches to resolving tensions between customary and constitutional law: the case of polygamy in Swaziland." Thesis, Rhodes University, 2009. http://hdl.handle.net/10962/d1003011.

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Tensions between the individual rights and freedoms found in constitutional bills of rights and the traditionally prescribed social roles and positions articulated in African customary law systems have often been characterised as tensions between communitarian and liberal philosophies. In particular, the notion of gender equality, which is often a feature of the protections offered by constitutional bills of rights, is seen to be in direct opposition to the overtly patriarchal character of many African customs and traditions. This thesis looks specifically at polygamy, long and widely considered in the West to be an oppressive practice premised on the assumed inferiority of women. The analysis considers the implications of polygamy in a particular cultural context, that of the Kingdom of Swaziland, where the newly instituted constitution is often seen to be incompatible with many aspects of Swazi customary law. Here, the tension between the constitutional commitment to gender equality and the persistence of polygamy as a seemingly discriminatory cultural practice forms a lens through which to view the debate as a whole. The theoretical analysis is supplemented by empirical research sourced from local media archives and in-depth interviews conducted with twelve Swazi women, both unmarried and married in polygamous relationships. Communitarian and liberal approaches to resolving this tension are compared, contrasted and finally critiqued from a feminist standpoint. The feminist critique of both communitarianism and liberalism implies that neither ideology promises much for women and affirms the relatively recent feminist suggestion that the key to resolving tensions between constitutional and customary law in general, and to uplifting the social/legal status of women in particular lies in the enhancement of women’s democratic participation and the improvement of women’s decision-making powers.

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Debly, Teresa. "Culture and Resistance: Swaziland 1960-2011." Thesis, University of New Brunswick, 2011. http://hdl.handle.net/1882/35385.

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“Culture” and “tradition” are used by the royal family of Swaziland to maintain its position of power in the Kingdom; however, over the past forty-one years various forms of "resistance" to this domination have emerged. In response to the refusal of people to be loyal “subjects”, the regime has introduced draconian laws that prohibit political parties, free speech and any form of opposition. This thesis will examine the role of protest songs and funerals as new sites of political dissidence within Africa's last absolute monarchy.

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Dlamini, Lomakhosi G. "Socio-economic and political constraints on constitutional reform in Swaziland." University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_4327_1197279930.

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This study looked at socio-economic and political constraints on constitutional reform in Swaziland, an independent state with a fully autonomous government that falls under the Monarch who is Head of State. Swaziland maintains strong economic and trading links with South Africa and also maintains such ties with other states, especially in the Southern African Development Community region. Up untill 1973, the country's constitution was Westminister based. This was evoked and replaced with a system designed to facilitate the practice of both western and traditional styles of government. This system incorporated the system known as Tinkhundla and provides for the people to elect candidates to be their parliamentary representatives for specific constituencies.

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Mathabela, Edward Siyabonga. "Shareholder appraisal rights in Swaziland - suggestions for legislative reform." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/13356.

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Includes bibliographical references.
As a general rule in company law, the business of the company is conducted based on the votes of the majority of shareholders in that company. In certain instances however, the majority might take decisions that are detrimental to the minority shareholders of the company and therefore it is imperative that any company legislation has significant protective measures for minority shareholders in place. This paper will discuss the concept of minority shareholder protection. This paper will do a comparative study between the shareholder appraisal regimes in the United States, Canada and South Africa. Since appraisal rights do not exist in Swaziland, a comparative study of minority shareholder protection in the United Kingdom will also be undertaken because Swaziland was colonised by the British and as such most of its law is rooted in English Law. It is from this lens that this paper will then examine minority shareholder protection in Swaziland. The research question addressed by this dissertation is two-fold. The first part of the question analyses the current measures in place for minority shareholder protection in Swaziland in comparison to measures that other jurisdictions have in place for the protection of minority shareholder rights. The second part looks at what the ideal shareholder appraisal rights law in Swaziland should contain in light of the current legislation as a means to make it more easily accessible to minority shareholders. The purpose of the dissertation is not to recommend a wholesome transplant of shareholder appraisal rights of either one of the jurisdictions under discussion, but to highlight the best practices of the jurisdictions and suggest a shareholder appraisal rights law that best suits the Swaziland business and economic environment.

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Hlatshwayo, Sizakele Thembisile. "The impact of cultural practices on the advancement of women in Africa: a study of Swaziland and South Africa." Thesis, University of the Western Cape, 2002. http://etd.uwc.ac.za/index.php?module=etd&amp.

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Gule, Nomalanga Pearl. "A legal and comparative analysis of the independence of the Swaziland Competition Commission." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15181.

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Swaziland recently established a framework for enforcing competition law when it passed the Competition, Act 8 of 2007 (Swazi Competition Act). The Act provides for the establishment of the Swaziland Competition Commission (Swazi Commission), a statutory body responsible for the administration and enforcement of the Competition Act. One of its major objectives is to promote a secure and robust economic competition and consumer protection. Following its inception in 2007, the Swazi Commission has dealt with mergers and the question on the legality and enforcement of exclusionary clauses in contracts. These clauses are most prevalent in contracts for lease on property seeking to establish large shopping malls, as we shall see later from the case of Pick 'n Pay (Pty) Ltd v The Gables (Pty) Ltd. The adoption of a comprehensive competition law framework by Swaziland is relatively a new phenomenon and like other developing countries, the Swaziland competition regime presents some institutional challenges. Some of these challenges relate to the institutional structure of the Commission and its independence. Whether the independence of the Commission can be guaranteed in view of the manner it is constructed as well as the relationship between the Swazi Commission and the courts and finally, the jurisdictional powers of the Commission in the execution of its duties and functions in terms of the Act. These challenges taken together have a potential of undermining the independence and effectiveness of the only institution that has the mandate to create and ensure free and transparent markets in the country. This treatise seeks to analyse these challenges as presented by the Swaziland competition regime. A comparative analysis between Swaziland and the South African competition regime will be carried out in order to provide somewhat practical solutions to the challenges that Swaziland is confronted with. It is also aimed at setting out proposal for the reform of the competition framework of Swaziland to incorporate the bifurcated agency model as opposed to the integrated agency model it is currently structured on. Under the bifurcated agency model the Commission investigates all competition violations and then hand over the cases to a specialised tribunal for adjudication and enforcement. In the contrary the integrated agency model entails that the Commission investigates and make the first -level adjudication. The decision of the Commission can then be reviewed or appealed by the courts. This is the model adopted by Swaziland according to the Act.

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Khoza, Phumlile Tina. "A study of the powers of the Swazi monarch in terms of Swazi law and custom past, present and the future." Thesis, Rhodes University, 2003. http://hdl.handle.net/10962/d1004723.

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The thesis covers the branches of law known as Constitutional law and Customary law. It focuses on the powers of the Swazi monarch, which are based on a combination of the received Western law and Swazi custom. For the purposes of this study, therefore, Swazi law and custom shall be taken to include both the statutory law and the yet unwritten customary law. Swaziland is black Africa's only remaining traditional monarchy, ruled as it is by the Ngwenyama, an indigenous institution, whose origin is derived from custom. The resilience of this ancient system of government in a continent where modernisation and constitutional democracy among other factors have led to its extinction is phenomenal, particularly because some commentators have described traditionalism in modern Africa as an "embarrassing anachronism.' In Swaziland the monarchy continues to be a vibrant system and the nation is currently engaged in a process of not only codifying the customary law but also of drafting the constitution of the country. One of the key areas of concern is the question of the distribution of power between the monarch and the people under the proposed constitution. Traditionalists are of the view that the powers that the King currently exercises should remain intact as they are a reflection of the Swazi law and custom. Progressives, on the other hand, are of the view that the current position makes the King an absolute monarch and are thus proposing a change from an absolute to a constitutional monarch. In other words they want some kind of checks and balances in the envisaged system of government. The study will show that the constitutional evolution of Swaziland and the exigencies of synthesising modern and traditional systems of governance have over the years obscured the true nature of the powers of the monarch in terms of Swazi custom. Thus before we can consider whether the future of the monarchy in Swaziland depends on the harmonisation of modern and traditional systems of governance, it is necessary to revisit the past to determine the powers of the monarch in their embryonic form, for it is from this period that we can extrapolate the powers of the Ngwenyama in terms of Swazi custom. The thesis has been arranged as follows: The first chapter will review the precolonial political system of Swaziland with a view to establishing whether monarchical authority was founded on command or consensus. The various theories, which seek to explain the foundations of the monarchical system of government, will be outlined. The second chapter will focus on European influence on the Swazi traditional system of government. The third chapter will be an analysis of the powers of the monarch under the 1968 independence constitution. The fourth chapter will focus on the effect of the repeal of the 1968 independence constitution by the Monarch. The fifth chapter will focus on the constitutional reforms under the reign of king Mswati III. The sixth and last chapter focus on proposals for reform. The research method used was in the main, an analysis of relevant legal principles as contained in textbooks, legislation, journals, the scant case law that is available in this area of the law and other relevant materials. A comparative survey of ancient African kingdoms will be done, with emphasis on those Kingdoms, which later became British colonial possessions. It is hoped that this comparative analysis will help explain the evolution of these traditional structures alongside modern governmental institutions.

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Ntumy, Emmanuel K. B. "Labour dispute resolution in southern Africa : a study of emerging trends and realities in Botswana, Lesotho and Swaziland." Doctoral thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20356.

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This study is about labour dispute resolution in Botswana, Lesotho and Swaziland. The study involves an extensive examination of the political philosophy, methods, structures and rules of engagement comprehensively described as 'emerging' trends. It concerns labour relations in developing African countries and is necessarily located along the continuum of the socio-legal and historical context of each country. The study asserts that there is an indisputable connection between the past colonial state and the post-colonial state. It contends that the post-colonial elite openly assimilated the regulatory legal framework of the colonial master and consolidated this framework soon after independence. The study therefore examines the mode of buttressing the status quo and the sustenance of command and control inherent in labour legislation. This tendency was rationalised by a misguided fear that those advocating for reforms, particularly those with economic power exerting a diluting influence on the dominant position of the state. The research demonstrates how such orientation accounts for subsequent reluctant tinkering with transformational efforts. It also resulted in sporadic, reactive and generally incremental concessions in the direction of workplace democracy. Essentially, this study is about societies in conjunction with law. Inferentially, this means the impact of legal rules and agencies on society in the finding of solutions to societal problems. The study is not based on an assumed premise on the basis of which a credibility test may be made or comparisons drawn. The study sets out to study each society as a unique, discrete entity within a particular blend of social, historical, political and legal contextual permutations. The primary objective therefore is to examine and try to understand and appreciate the strengths, weaknesses, threats and both missed and potential opportunities of each, in addressing a specific social issue such as labour disputes. This study adopts a 'law in context' approach as a sub-text within the broad framework of socio-legal studies. It does not derive from any abstract theoretical hypothesis. It is not based on any quantitative survey approach that warrants the administration of questionnaire. It is strictly an academic observation of distinct, discrete social formations. These are then considered as in transition along the continuum of their socio-economic developmental trajectories. It also ascertains the ground realities such as the political economy of labour disputes. This study required an interdisciplinary perspective, using a sociological approach to the study of law. By consciously focusing on the central institutions of substantive law, it demonstrates the weakness of law's claim to autonomy, its factual interpenetration of all levels with more general structures of government power, In effect, the conclusion drawn is that the attempt at effective dispute resolution, via the instrumentality of legislation, can lead to juridification, the multiplicity of institutionalised structures, over- administration and eventual dysfunction.

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Majinda, Maseko Moses. "A comparison of the labour dispute resolution systems of South Africa and Swaziland." Thesis, Nelson Mandela Metropolitan University, 2007. http://hdl.handle.net/10948/833.

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History and Background: The history of statutory labour dispute resolution of South Africa dates back to 1909, when the Transvaal Disputes Prevention Act of 1909 was promulgated which applied only to the Transvaal. The Industrial Conciliation Act of 1924 established industrial councils and ad hoc conciliation boards and excluded black workers from the statutory definition of employee and this resulted in a dual industrial relations system that existed up to 1979. The history of statutory labour dispute resolution of Swaziland dates back to 1980 when the first Industrial Relations Act of 1980 was promulgated which established the first Industrial Court. Research Findings: The dispute resolution systems of South Africa and Swaziland contain both similarities and differences. Lessons for Swaziland include combining general and specific dispute resolution procedures, providing the right of a referring party to apply for condonation for late referral of a dispute, using conciliation-arbitration, making arbitration proceedings public hearings, influence of parties on the appointment of arbitrators, court adjudication, pre-dismissal arbitration, court adjudication by judges only, establishment of a constitutional court, full protection of protected strikes/ lockouts from interdicts, legalization of sympathy strikes, and removal of strikes/ lockout ballot. Lessons for South Africa include plural representation of parties at conciliation and arbitration, re-direction of some disputes by the Labour Court to the Commission for arbitration, reporting of labour disputes direct to the Head of State for determination.

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Nhlapo, Ronald Thandabantu. "Family law and traditional values : a study of the legal position of women in Swaziland with selected references to developments in Zimbabwe." Thesis, University of Oxford, 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.305121.

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Anthony, Larry. "Police Culture and Decision Making." Thesis, Walden University, 2018. http://pqdtopen.proquest.com/#viewpdf?dispub=10930883.

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Decisions made by street-level police officers during encounters with the public have an immediate and long-lasting effect. Bad choices can cause a loss of trust, respect, and legitimacy for the police in a community and lay a foundation for violent confrontations between officers and citizens. Layers of culture that shape human decisions consist of social and institutional culture, including interactions that shape an individual’s culture and beliefs and demographics and technology that affect cultural development. Police culture (which includes these layers of culture and factors like rank, units, and history) shapes attitudes and opinions about communities and people in a police jurisdiction, leading to barriers to officers’ acceptance of training initiatives to implement new methods of dealing with the public. Understanding police culture is the first step in making positive changes in police decision-making and improving trust, respect, and legitimacy between officers and the community. Acker’s theory of social structure social learning provided the theoretical framework for understanding police culture, which could lead to positive changes such as training programs that address police culture’s influence on decision-making. A qualitative research method with a phenomenological approach for interviewing officers was used to investigate police culture and how it affects decision-making. Results indicated that officers think of culture as a family or brotherhood and not a culture. The most significant impact on decision-making is experience. These findings can lead to positive social change by making officers stakeholders in developing training in positive social relationships with the community.

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Ekström, Sarah, and Magdalena Persson. "Kulturellt relevant socialt arbete? : En fältstudie i en SOS-barnby, Swaziland." Thesis, Linnéuniversitetet, Institutionen för socialt arbete (SA), 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-29248.

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The purpose of this study was to examine how SOS Children's Villages as an organization in Swaziland is affected by, and takes into account, the cultural, organizational and societal context in which it acts. Material was gathered through a field study during one month in one of the three SOS Children's Villages in Swaziland. The study has a qualitative approach and is based on the result from 12 semi-structured interviews with village mothers and other representatives from the organization. The other representatives were: social worker, program director, child and youth development coordinator, board member and educational manager. Since this study is both characterized by a specific historical, cultural and organizational context, we decided to connect the postcolonial perspective with an organization theory with focus on the concepts of culture, power and a children’s right perspective. The result from the study showed that SOS Children's village is affected by and takes into account the cultural and societal context in Swaziland in several ways. They do so, mainly by inlvolving the children in cultural values and activites. The result also showed that the village is influenced by the organizational field, because the SOS-Children´s village is in need of creating legitimacy. However, it becomes thus a dilemma how much the social work should be built upon, adapted, or should take into account the cultural, organizational and societal contexts to not maintain colonial worldviews.

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Dlamini, Cliff Sibusiso. "Towards the improvement of policy and strategy development for the sustainable management of non-timber forest products: Swaziland: A case study." Thesis, Stellenbosch : University of Stellenbosch, 2007. http://hdl.handle.net/10019.1/1174.

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Oomen, Barbara. "Chiefs! : law, power and culture in contemporary South Africa /." Leiden, 2002. http://catalogue.bnf.fr/ark:/12148/cb410071059.

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Jorgensen, Gerald Thomas. "Impact of culture on marriage a psychological perspective and canonical implications /." Theological Research Exchange Network (TREN), 1998. http://www.tren.com.

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De, Koning Joanne. "Perceptions of “new Englishes”: responses to the use of Swazi English in newspapers in Swaziland." Thesis, Stellenbosch : University of Stellenbosch, 2009. http://hdl.handle.net/10019.1/2798.

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MPhil
The concept of ‘new Englishes’ developed as a result of the relatively new perception of English as an adapting and evolving language within increasingly wider global contexts. According to McArthur (1992:688) the term “new Englishes” refers to "recently emerging and increasingly autonomous variet[ies] of English, especially in a non-western setting, such as India, Nigeria, or Singapore." Such varieties of English develop from an English, traditionally recognised as standard, to become distinctly individual: they retain some cultural and linguistic characteristics of the standard English but additionally represent and include many aspects of the culture and language of the country in which the new English functions. These new Englishes are lexico-grammatically sophisticated and as viable as any of the traditionally recognised standard Englishes. The “new languages” are used intranationally and internationally and so are not only a result of intercultural communication; they also facilitate and enable intercultural communication. This thesis investigates (i) Swazi English (SwE) as a ‘New English’ and (ii) the perceptions that Swazis themselves, as well as speakers from other language communities, have of SwE and its users. Swaziland is a landlocked country in the northeast region of Southern Africa and one of the last remaining monarchies on the African continent. English was introduced to Swaziland during the 1800’s and remained one of the official languages alongside siSwati after Swaziland achieved independence from Britain in 1968. English in Swaziland continued to develop despite increasingly restricted access to input from English first language speakers of British descent thus resulting in SwE developing independently of any external norm. SwE now appears to be a stable variety of English that is not only spoken but also written in newspapers, in government and legal correspondence and in the public relations documents of Swazi companies. The research for this thesis identifies a number of lexical, syntactic and semantic features of SwE that are different from those of standard British or American English. These features of SwE occur frequently and consistently in newspaper articles. Nevertheless, as indicated by the research results of this thesis, SwE continues to be perceived as an error-ridden second language variety rather than as a new English in its own right. Furthermore, the language prejudice is extended to users of SwE as many judge the intelligence, credibility and trustworthiness of writers of SwE negatively on the basis of linguistic features that cannot be indicators of character, skill or competence. This prejudice gives rise to stereotyping which is a barrier to effective intercultural communication.

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Gerspacher, Katherine. "Communication Culture in Law Enforcement: Perceptions from Officers and Supervisors." Wright State University / OhioLINK, 2014. http://rave.ohiolink.edu/etdc/view?acc_num=wright1401901205.

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De, Villiers Isolde. "South African legal culture in a transformative context." Diss., Pretoria ; [s.n.], 2009. http://upetd.up.ac.za/thesis/available/etd-09272009-155336/.

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Gilles, Isabelle. "Lessons from India's constitutional culture: what Canada can learn." Thesis, McGill University, 2013. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=114609.

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This thesis aims at initiating dialogue between Canadian and Indian constitutional cultures. Canadian constitutional law is arguably characterized by ideologies of liberalism and legal positivism. Because human rights norms are expected to incorporate a vision of social justice into the law, ideologies and legal philosophies are crucial to assess the potential and the limitations of human rights protections. The legal cultures in Canada and India have similar roots, and yet the systems have evolved differently. Among other factors, judicial activism and the quest for social justice of judges at the Supreme Court of India were significant in the evolution of Indian constitutional culture. From a Canadian perspective, it is interesting to study this culture as it offers new avenues in the human rights field and therefore challenges the universal value of human rights norms as interpreted and applied in Canada. This thesis argues that, on the intersection of human rights and social issues like poverty and social classes, important lessons can be drawn from the way the Supreme Court of India has based its human rights interpretation on contextual analyses of Indian social reality. The judges engaged in judicial activism sought to move beyond the traditional ideologies found in the common law, and their jurisprudence is helpful in grasping the limitations these ideologies can put on human rights interpretation.
Ce mémoire vise à créer un dialogue entre les cultures constitutionnelles canadiennes et indiennes. Certaines caractéristiques de la culture constitutionnelle canadienne sont empreintes de libéralisme idéologique ainsi que de positivisme juridique. Les normes des droits de la personne représentant pour beaucoup une manière de permettre à une vision de justice sociale de pénétrer le domaine du droit, les idéologies ainsi que les philosophies juridiques sont des considérations cruciales lors de l'évaluation du potentiel ainsi que limites des droits de la personne. Les cultures juridiques de l'Inde et du Canada ont de communes racines, mais les systèmes ont évolué de façon très différente. L'activisme judiciaire ainsi que la quête pour une justice sociale dont ont fait preuve les juges de la Cour Suprême de l'Inde ont participé significativement à l'évolution de la culture constitutionnelle indienne. D'un point de vue canadien, il est intéressant d'étudier cette culture en ce qu'elle offre de nouvelles pistes dans le domaine des droits humains, et ce faisant elle remet en question la valeur universelle des droits de la personnes tels qu'interprétés et appliqués au Canada. Ce mémoire vise à démontrer qu'en ce qui a trait à l'intersection de l'interprétation des droits de la personne et de problèmes sociaux tels que la pauvreté et les classes sociales, d'importantes leçons peuvent être retenues de l'étude de la jurisprudence indienne, et plus particulièrement de l'interprétation des droits basée sur une analyse contextuelle de la réalité sociale en Inde. Les juges faisant preuve d'activisme judiciaire ont cherché à dépasser les idéologies traditionnelles encastrées dans la common law, et leurs jugements sont utiles pour saisir les limites que ces idéologies imposent à l'interprétation des droits de la personne.

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Mendizza, Marina, Ai Linh Nguyen, and Jonny Rosengren. "Exploring Direct Sale - In Relation to Chinese Culture." Thesis, Kristianstad University College, Department of Business Administration, 2005. http://urn.kb.se/resolve?urn=urn:nbn:se:hkr:diva-3161.

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The dissertation aims to identify and investigate factors involved in direct sale in relation to Chinese culture. Direct sale is one form of direct marketing, which can include door-to-door, office-to-office, home party selling, etc. For a salesperson to be able to do business with people from various cultures, he/she needs to understand the differences in their values and in their consumer needs. Cultural values have implications for marketing communication and direct selling activities.

After a literature review of the two areas, direct sale and Chinese culture a theoretical model was developed. This model will be helpful for companies when entering the Chinese market through direct sale. The model consists of twelve factors involved in direct sale; communication, commitment, trust, collective, friendship, empathy, respect, conflict avoidance, loyalty, functionality, behaviour, and home party. The aim is to show how important each of the factors is for direct selling in China. From the interpretations of the research review we came to the conclusion that all factors are considered to be of importance in relation to Chinese culture.

In order to test the model we conducted a survey. Our population consisted of Chinese exchange students at Kristianstad University in Sweden. The result of the survey became the base of a new model. The new model showed that all factors were of importance but with different degrees. In order to see if our model might be useful in real life we chose to include a case study of Oriflame. All the factors in our model supported Oriflame’s strategy.

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Chaulia, Sreeram. "Civilian protection and humanitarian organisations rationality or culture? /." Related electronic resource: Current Research at SU : database of SU dissertations, recent titles available full text, 2009. http://wwwlib.umi.com/cr/syr/main.

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Cocks, Harry Gauthier. "Abominable crimes: sodomy trials in English law and culture, 1830-1889." Thesis, University of Manchester, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.573502.

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Marshall, Courtney Denine. "Sisters in crime black femininity, law, and literature in American culture /." Diss., Restricted to subscribing institutions, 2009. http://proquest.umi.com/pqdweb?did=1971758521&sid=1&Fmt=2&clientId=1564&RQT=309&VName=PQD.

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Cayson, Donna M. "Increasing capacity & changing the culture volunteer management in law enforcement /." Thesis, Monterey, Calif. : Naval Postgraduate School, 2009. http://edocs.nps.edu/npspubs/scholarly/theses/2009/Mar/09Mar%5FCayson.pdf.

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Thesis (M.A. in Security Studies (Homeland Security and Defense))--Naval Postgraduate School, March 2009.
Thesis Advisor(s): Wollman, Lauren ; Fernandez, Lauren. "March 2009." Description based on title screen as viewed on April 23, 2009. Author(s) subject terms: Volunteer, Volunteer Coordinator, Pasadena Police Department, volunteer services, Citizen's Police Academy, Citizens Assisting Pasadena Police. Includes bibliographical references (p. 85-87). Also available in print.

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Grech, Diana Catherine. "Culture before law? : comparing bail decision-making in England and Canada." Thesis, University of Leeds, 2017. http://etheses.whiterose.ac.uk/19704/.

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This thesis examines the factors that contribute to the bail decision-making process in English and Canadian courts. Despite the fact that bail contributes to rising prison remand populations, influences the lives of legally innocent defendants, and is central to assessments of human rights, very little is known about this process. England and Canada were ideal jurisdictions with which to explore this issue as that their similar bail laws and divergent practices related to pre-trial custody reflected different patterns of bail decision-making. This research took place when Canada’s prison remand rates had been increasing over several decades and England had one of the lowest prison remand rates in the Western world. The objectives of the study were to identify the factors that contribute to bail decision-making, investigate how they converged and diverged between jurisdictions, understand the impact of the decision-making at the local level, and explore how the findings contribute to an understanding of the bail decision- making process in a wider context. It is argued that court culture is central to understanding bail decision-making but that it is shaped by broader views that are specific to the criminal justice processes in England and Canada. These views relate to values that developed in each jurisdiction as a result of the evolution of criminal justice ideology and guiding philosophies over time. The influence of these informal factors on the bail decision-making process were facilitated by the discretion afforded to court actors in their application of formal laws and policies, which enabled them to balance multiple competing principles whilst, in the main, remaining within the prescribed legal framework. This suggests that the factors contributing to bail decision-making are nuanced, varied, and interdependent and, as such, should not be examined individually but rather in terms of their interactive effects.

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Afadameh-Adeyemi, Ashimizo. "Indigenous peoples and the right to culture : an international law analysis." Master's thesis, University of Cape Town, 2009. http://hdl.handle.net/11427/4502.

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Includes bibliographical references.
In the post or neo-colonial era, the question of fair and equitable treatment of indigenous peoples remains a subject of international political and legal discourse. Efforts have been made to study ways of promoting and protecting indigenous rights and to develop international norms for the protection of these rights. These efforts have sprung forth a plethora of questions; these questions include 'who qualifies as indigenous peoples?' and 'what rights do they enjoy under international law.' This thesis takes a cursory look at the conceptual underpinnings of indigenous peoples and specifically evaluates their right to culture in the parlance of international law.

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Karton, Joshua David Heller. "The culture of international arbitration and the evolution of contract law." Thesis, University of Cambridge, 2011. https://www.repository.cam.ac.uk/handle/1810/252239.

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International commercial arbitration ('ICA') is typically characterised as a procedural alternative to litigation in national courts. The great majority of scholarly literature on ICA relates to its procedure, as opposed to substance. This is not surprising since, in ICA, the governing substantive law is usually the national law of some state. One might therefore expect that there would be no difference between the decisions of arbitrators and judges on matters governed by substantive law. However, this intuition remains untested. ICA exists outside the legal system of any state and is specifically adapted for the resolution of international commercial disputes. The decisions of international arbitrators are fertile ground for the growth of international (i.e., transnational) commercial law. A better understanding of arbitrators' decision making will therefore shed light on how international commercial law is likely to evolve. Such understanding would also enable both consumers and providers of arbitration services to make better-informed decisions. International arbitrators' decisions are not susceptible to traditional legal analysis because only a tiny, non-representative sample of arbitral awards is published. The researcher simply lacks access to the necessary data. For the same reason, quantitative statistical studies of arbitrators' decisions are unlikely to yield useful insights. This thesis adopts a sociological approach. It identifies social norms that constitute an incipient culture of ICA and assesses the effects of these norms on arbitrators' decisions on the merits. Part I consists of two case studies that focus on specific areas of contract law. These case studies, which employ standard comparative law methodologies, provide evidence that the outcomes reached in ICA do diverge from those reached in national court litigation, even when arbitrators and judges purport to apply the same substantive laws. Part II employs the sociological methodology of 'grounded theory' to explain this divergence. It analyses the writings of arbitrators, counsel and commentators in order to describe two classes of social norms: those arising from the institutional structure of ICA and those arising from the values shared by international commercial arbitrators. The thesis concludes by predicting, in general terms, the effects of these social norms on arbitrators' decisions on the merits. It also suggests the specific contract law doctrines that international arbitrators will tend to prefer. These doctrines represent a likely future of international commercial law.

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Cairns, Steven. "Changing the culture of financial regulation : a corporate governance approach." Thesis, University of Liverpool, 2014. http://livrepository.liverpool.ac.uk/2008505/.

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The 2007-09 Global Financial Crisis has been described as the greatest crisis in the history of financial capitalism. The failure of the global financial system was triggered by the ‘Great American Real Estate Bubble,’ however it quickly developed into a global liquidity squeeze that left financial markets at the brink of collapse. The thesis argues that the general culture of banking prevalent at the time both caused and exacerbated the crisis. The Business Strategies were excessively risky, focusing on short-term gains, at the expense of financial security. It is therefore purported that to mitigate the risks of any future global financial crisis a fundamental change in the culture of banking is needed. Behavioural expectations and norms must be redefined and more prudent strategies inculcated. The thesis will show that the only way to hope to achieve such a cultural shift is to employ a holistic approach, encompassing supervision, regulation and crucially corporate governance mechanisms. Previous debates within the UK have tended to focus on macro and micro regulatory reform. However, it is purported that it was in many cases, risk monitoring and management practices within financial institutions that dramatically failed. Whilst prudential regulation is important, the thesis will show that it alone is insufficient to change the culture within the financial system; a multi-faceted approach is needed. The central argument to the thesis will show that corporate governance mechanisms must play a central part in the legal and regulatory response to the Global Financial Crisis, as part of a cohesive package of measures necessary to effect cultural change; it will do this by conducting a case study into the collapse and subsequent nationalisation of Northern Rock Plc.

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Dugan, Kimberly Beth. "Culture and Movement-Countermovement Dynamics: The Struggle over Gay, Lesbian, and Bisexual Rights." The Ohio State University, 1999. http://rave.ohiolink.edu/etdc/view?acc_num=osu1392119539.

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Wallace, ChloeÌˆ J. "Legal culture and the harmonisation of law in Europe : the case of English and French sex discrimination law." Thesis, University of Kent, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.246642.

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McDonald, Deidre Ann. "Beauty and Truth: Re-defining Legal Artistry's Normative Aspirations." The University of Waikato, 2007. http://hdl.handle.net/10289/2365.

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Abstract Judges are responsible for creating case law, and each case is important, because each develops (in theory) the body of law as a whole. Each judgment should be able to meet the definition of 'art' that I will set out and apply in this thesis. Where a judgment meets that test of art, it will be successful in relaying the 'truth' of the law in a rich, lasting and forceful manner. It is important for case law to relay the truth of the law in such a way because case law's function is to communicate and reinforce social values by recognising and applying universal principles of justice and fairness to situations that arise from social life. In summary, this thesis examines whether the each of the main cases that have developed the duty of care test in negligence meets the criteria in the definition of art set out in this work, so that they may be called works of art. Each of the relevant cases will be evaluated to see: whether each embodies a 'system of rules and principles' (rules and principles being separate concepts) as these relate to the duty of care test; and whether each may be called beautiful. For, a work of art is one that incorporates all of these aspects: rules, principles and beauty. I will define what art is, and I will describe art's function in the world. I will explore and define the concept of truth, as it relates to this thesis, and I will attempt to make clear the analogy between truth as Idea (in the Greek sense) and the law as Idea. Further, I will look at the context in which the judicial opinion is created, and I will consider the responsibilities judges have to reason by analogy under the doctrine of precedent. Then, I will consider the concept of beauty itself, and how it affects us as those who experience the work. Finally, I will show that the concept of 'duty of care' in negligence, leading up to and culminating in Lord Atkin's dictum in Donoghue v Stevenson (1932) AC 562 (HL), has been developed by judges so that only 50% of the cases considered meet the test of: a system of rules and principles governing that particular aspect of the law; and beauty. Thus, only the cases that meet the test will be considered to be successful in conveying the truth of the law (and allowing us to access that truth) in a rich, lasting and forceful manner, because this is art's function in the world.

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Cox, Carol. "Police culture and socialisation within a UK university." Thesis, University of Central Lancashire, 2015. http://clok.uclan.ac.uk/16541/.

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The previous UK Coalition government (2010-2015) made significant efforts to professionalise the police service in England and Wales. One of their approaches was to require police students to study at university, before becoming police officers. It has been hypothesised that requiring police students to study at university may ensure that professionalism develops within these students/officers, with the higher education received. At the same time as developing professionalism within these officers it has been suggested some of the negative aspects of police culture may diminish. Whether or not these hopes are borne out by university training of police students was the central research question for this project. This original research examined socialisation and culture of police students, within a UK university institution. It evolved by utilising reflexive grounded theory to examine the student perception of the police service, using questionnaires, focus groups and content analysis of completed essays, by Foundation in Policing Degree students. In summary the findings of this research suggested that university training of police students may not have the desired effect on professionalism, as police culture appears to develop regardless of the setting. Further to this, minority ethnic students continue to report being less attracted to the police as a career choice. A number of reasons are suggested for these findings and future recommendations are set out. Ultimately, this research concludes that the way a police officer is trained and/or educated requires reviewing, as simply moving the process to a university setting does not automatically deliver the intended outcomes, and in fact can result in the police culture simply flourishing elsewhere.

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Li, Lei, Kai Chen, and Ewa Ceglarska. "How does Culture and Gender Diversity Impact Communication in Project Teams." Thesis, Kristianstad University College, Department of Business Administration, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:hkr:diva-4797.

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Globalization leads to a high degree of interdependence and interaction of employees who often need to work in teams composed of members with varying gender, culture, abilities, skills, expertise, knowledge and so on. This dissertation will explore the interrelation between communication and the factors such as gender and culture that impact the communication process.

In order to find out how culture and gender diversity influences the communication in a project team, an experiment combined with an interview was conducted.

The results indicate that gender diversity appears to lead to negative communication and culture diversity indicates that there might be a positive impact on communication.

This research was limited to the literature sources that were taken into consideration and the definitions used to describe the concepts of communication, culture, gender and diversity. Also the experiment was performed with a small sample of students, which could bias the results.

A practical contribution of this of this dissertation is the insight of how to communicate across cultural and gender borders. Theoretical contribution of this dissertation is an attempt to open a “black box”.

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Torgersen, Jonas Sørflaten. "Crime, culture and collecting: the illicit cycad market in South Africa." Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/25048.

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It is widely accepted that illicit markets are driven by specific contextual factors that determine their nature and scope. Two points in particular have not been explored in the literature on wildlife crime. First, while illicit markets around commodities such as drugs and weapons are fuelled by consumers arguably in need of, or addicted to, the product, the desires of buyers that shape wildlife markets are often shaped by cultural norms which may seem irrational to outsiders. Second, given that wildlife markets are seldom as stringently regulated as those in respect of drugs, weapons or other commodities, the nature of the criminal enterprises that source, move and sell the products are possibly very different. The study examines these two factors – the culture of markets and the degree of criminal enterprise or organisation within them – through a case study of a largely unexamined environmental crime market in South Africa, that of rare cycad plants. Cycads are widely exploited, moved and sold in the country by a network of increasingly criminalised operations. State action against these markets is not a priority and has had only few successes in limiting the trade of an increasingly scarce plant. A detailed examination of the market and its consumers suggests that it is strongly shaped by a particular South African culture which draws on (often mythical) connections to the land, including its fauna and flora. Ironically, those active in the market argue that their objective for doing so is conservation, even if illicit collections are the prime threat to the species. Although the academic and conservation community have attempted to develop and implement conservation tools and strategies, limited law enforcement and regulatory mechanisms have produced a flexible illicit market where a set of intermediaries play the key role. While the market shows signs of internal competition, it operates relatively openly, and does not display the levels of violence of other criminal markets in similar stages of development.

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Vice, President Research Office of the. "Culture Clash." Office of the Vice President Research, 2008. http://hdl.handle.net/2429/2769.

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Hubin, Cécile. "Negotiating the protection of culture in a free trade context." Thesis, McGill University, 1998. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=21685.

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In the present context of increase and liberalization of commercial exchanges, the traditional involvement of the state in the cultural sector is called into question. The negotiation and implementation of free trade agreements have met with the resistance of a number of countries, preoccupied with the potential consequences that the massive penetration of foreign symbolic products on their territory could have on their cultural identity and anxious to retain their power to regulate trade in cultural goods and services.
This Thesis discusses the place of culture within the World Trade Organization, the European Union and in the North American Free Trade Agreement. This analysis attempts to describe the negotiation techniques and strategies used by states to keep their cultural policies from falling within the free trade agreements' purview. This Thesis also describes the agreements' specific provisions that translate the achieved compromises and tries to show the tensions resulting from the difficulties to reconcile the cultural and economic objectives of nations.

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Amos, Robert. "The protection of plants in international law, theory and practice." Thesis, University of Sussex, 2017. http://sro.sussex.ac.uk/id/eprint/71815/.

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This thesis provides a comprehensive overview of international environmental law as it relates to plants. In doing so, it offers new perspectives on some of the key debates in the law, as well as on humanity's relationship with the natural world. The first part of the thesis looks at the philosophical rationales for giving legal protection to plants. Drawing on the literature relating to value, different interpretations of the value of plants are identified, including instrumental, intrinsic and ecological. Each interpretation is then tracked in international conservation law and policy. An almost exclusively anthropocentric picture is revealed, and the implications of this for conservation policy and practice are discussed. Attention then turns to global and regional approaches to protecting plants. First, the construction and content of key legal agreements are assessed against a range of criteria for effectiveness. Second, an analysis of the design and form of conservation mechanisms is conducted, focussing on the extent to which protected areas reflect the ecological needs of plants and the representativeness of lists of protected and endangered species. In each case the law is found to fall short, and proposals on how to address this are given. In the third part of the thesis, how the law responds to some of the main threats to plants, namely climate change, international trade and alien/invasive species, is considered. Each impacts on plants in different ways and has been subject to very different legal responses. In each case, however, weaknesses can be identified that undermine the law's ability to adequately protect plants. Finally, the extent to which the law supports and frustrates the work of conservation practitioners is examined. As well as offering practical reforms to make the law a better tool for practitioners, consideration is given to wider governance reforms to international environmental law.

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McBain, James. "Early Tudor drama and legal culture, c. 1485-1558." Thesis, University of Oxford, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.670056.

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Bainbridge, Jason. "Visual law : an exegesis of vernacular jurisprudence in popular media /." [St. Lucia, Qld.], 2005. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe18608.pdf.

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Lundin, Jakob, Mikael Olsson, and Emma Petersson. "Management Culture - Identifying Absorption due to an Acquisition Case : Ford's Acquisition of Volvo." Thesis, Kristianstad University College, Department of Business Administration, 2004. http://urn.kb.se/resolve?urn=urn:nbn:se:hkr:diva-3080.

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The accelerating globalisation has led to an increased number of acquisitions and mergers. This implies changes within the organisation and problems with the implementation process of the new organisation that is taken form. The integration of the companies involved makes it essential to identify and to be aware of the characteristics of different management cultures. Management culture is the way a company is managed influenced by the surrounding culture. Management culture is something that has often been developed since the origin and is permeating the company spirit. This dissertation focuses on the characteristics of American and Swedish management cultures. Ford acquired Volvo Cars in 1999 and in this study Ford is representing the American management culture whereas Volvo is representing the Swedish management culture. The two companies are considered to possess typical characteristics of the management cultures examined. The intention was to analyse how a company’s management culture is affected by an acquisition and if the possible effects are reflected outside the organisation. Examined theories were concentrated into the Management culture model containing five dimensions; Relations, Orientation, Decision-making, Motivation and Loyalty. Hypotheses were developed from the model and the perceptions of Volvo’s suppliers were evaluated through a survey. The results show conformity with the Management culture model, which indicates that Volvo has absorbed distinctive elements of Ford’s management culture. This might indicate that acquisitions between a bigger American company and a smaller Swedish company would imply consequences in the management culture.

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Heath, Sarah. "Court Culture as an Explanation of Case Processing Efficiency: An Exploratory Study of the Applicability of Leverick and Duff's Typology of Court Culture to Bail Courts in Ontario." Thesis, University of Ottawa (Canada), 2010. http://hdl.handle.net/10393/28748.

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In June 2008 the Ontario Ministry of the Attorney General announced their Justice on Target strategy to reduce the amount of time and number of appearances required to resolve a case in the Ontario criminal court system. The premise put forth by this strategy suggested that the structural and administrative changes implemented by the Ministry would elicit greater court efficiency. However, this belief is in contradiction to recent research on court delay which suggests that such changes are only effective when there is a court culture in place that supports such practices. This new literature emphasizes the central importance of a local informal discretionary system of expectations, norms and relationships on the efficiency of case processing. This thesis examines the possible relationship between court culture and court efficiency. Through a comparison of two Eastern Ontario bail courts, this study explores a number of cultural characteristics of both an efficient and less inefficient court that have been identified in previous research on court culture, most notably Leverick & Duff's (2002) analysis of passive and proactive Scottish magistrate courts. In particular, detailed qualitative and quantitative data were gathered for this purpose through semi-structured interviews with key stakeholders. The study found that the efficient court had more proactive indicators and the inefficient court had more passive indicators. This finding suggests that courts of varying efficiency have distinct cultures and that Leverick & Duff's passive-proactive typology is an effective tool for measuring court culture in Ontario bail courts.

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Harvey, David J. "The law emprynted and Englysshed: the printing press as an agent of change in law and legal culture, 1475-1642." Thesis, University of Auckland, 2012. http://hdl.handle.net/2292/10841.

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This thesis takes the theory of Professor Elizabeth Eisenstein in her book The Printing Press as an Agent of Change and considers it within the context of the intellectual activity of the English legal profession in the Sixteenth and Seventeenth Centuries. The legal profession had developed a sophisticated educational process and practice based upon an oralaural system along with the utilisation of manuscript materials, largely self-created. The printing press provided an alternative to this culture as printed law books - law reports, abridgements and treatises - became increasingly available and were used by lawyers and students. At the same time movements were afoot to discard the arcane language of the law and make printed legal materials available in English. A tension arose as the advantages of print were recognised by the authorities - the Church and the State. Those very qualities also turned out to be disadvantages as the authorities struggled to regulate the vastly increased flow of information that the printing press enabled. The law proved to be an unwieldy instrument in this tension. The legal works printed in the Sixteenth Century were primarily law reports and abridgements with a new style of law report becoming evident with the printing of Plowden's Commentaries and, in the Seventeenth Century, the works of Sir Edward Coke. Print enabled legal writers to concentrate upon principle rather than pleading and procedure. The Seventeenth Century saw a shift from printed reports to printed treatises and guide books for administrators and members of the “lower branch” of the legal profession. Legal information for the purposes of standardising procedures and for educational purposes as a supplement to a troubled traditional legal education system began to dominate. The study closes on the eve of the English Civil War - a time that saw for a short period the end of press licensing and the demise of Star Chamber which had played a significant albeit largely unsuccessful role in attempting to regulate the output of the printing press and the printing trade.

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Oomen, Barbara. "Chiefs in South Africa : law, power & culture in the post-apartheid era /." Oxford [u.a.] : Currey [u.a.], 2005. http://www.loc.gov/catdir/enhancements/fy0713/2007273880-b.html.

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Sandoval, Clara. "Legal Change : Working theories of law and the transformations of Columbia's Legal Culture." Thesis, University of Essex, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.510496.

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Lee, Chulwoo. "Law, culture and conflict in a colonial society rural Korea under Japanese rule /." Thesis, Online version, 1996. http://ethos.bl.uk/OrderDetails.do?did=1&uin=uk.bl.ethos.339141.

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Weiss, Max David. "Institutionalizing sectarianism : law, religious culture, and the remaking of Shi'i Lebanon, 1920-1947 /." May be available electronically:, 2007. http://proquest.umi.com/login?COPT=REJTPTU1MTUmSU5UPTAmVkVSPTI=&clientId=12498.

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Jordan, John Frederick Dodge. "Legal culture in a turbulent time : law and society in early modern Saxony." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:08a01053-87e3-4310-a974-b194f516b692.

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This thesis reconstructs and interprets the evolution of legal culture in the Saxon city of Freiberg in the sixteenth century. It challenges the notion that early modern state institutions were punitive and disciplinary; and instead posits that in Saxony, they were flexible and sought to maintain social harmony. While previous scholarship has favoured a sociological approach, based on the concept of social control, this thesis employs a legal anthropological optic to study the interaction of state institutions and social life holistically. The focus is not just on how state institutions sought to regulate social life, but also on how ordinary people used institutions for their diverse purposes. The goal of this methodological approach, based on Lawrence Friedman’s concept of legal culture, is to assess the relative position and interaction of the people, the judiciary, and the law in early modern Germany. Probing the interactions of the court and the residents of Freiberg reveals that the court was primarily a record-keeper and a mediator. For the former, it logged and transcribed all manner of transactions: peace pacts, loans, and house purchases; and Freibergers readily turned to the court to get a formal record of an obligation. For the latter, the court was rarely a site of punishment, rather it was a place where conflicts were regulated, and bonds forged. At court, Freibergers fostered ties to one another. Neither of these roles, record-keeper or mediator, are ones traditionally ascribed to early modern courts. Only by considering by the culture of a court does either become apparent.

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Matlawe, Isaac Mpusang. "The impact of culture on the right of women to participate in public affairs : a comparative analysis of Swazi and Buganda Kingdoms." Diss., University of Pretoria, 2003. http://hdl.handle.net/2263/1047.

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"For a long time patriarchial African societies have denied women their rightful place in public life. There are certain cultural practices within these patriarchal societies, which impede the realisation of the human rights of women. Such cultural practices have impacted on the division of power and perpetuated the stereotypical roles of women within those societies. The diminshed status of women in public life does not accord with universal human rights norms and standards. The fact that Swaziland has not ratified the International Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) makes it difficult for women to vindicate their rights within the United Nations (UN) structures. The right to participate in public affairs is recognised and enshrined as a fundamental human right in both universal and regional human rights instruments. The exercise of this right ensures that citizens, both men and women, have a say in the affairs of the government of their respective countries. The scope of this right includes the right to vote and to be elected at genuine periodic elections, which shall be by universal and equal suffrage held by secret ballot, guaranteeing the free expression of the will of the electors. The deeply patriarchal nature of the two kingdoms presupposes that social, legal and political power is mainly vested in men. With the exception of royal women, "commoner" women are often given inferior roles or none at all in public life. The number of women holding positions in public life in both kingdoms suggests that there is an inherent anomaly in the division of power. ... Chapter two of this study examines the legal and institutional framework regulating the right to participate in public affairs at international and regional level. It does so by identifying the international and regional human rights instrumetns governing the exercise of this rights. The chapter focuses on the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the African Charter on Human and Peoples' Rights (ACHPR) and the Protocol to the African Charter on the Rights of Women. It also discusses the role of the treaty bodies established under the ICCPR and CEDAW as well as the African Commission on Human and Peoples' Rights. The third chapter examines the provisions of the national constitutions of Uganda and Swaziland, governing the right to participate in public affairs and the enforcement mechanisms created under those constitutions. It also analyses the political set-up in Buganda and Swazi kingdoms including the traditional set-up in Swaziland. Chapter four starts by defining culture and then goes on to explore the debate over the universality of human rights and cultural relativism. Beyond this debate, the chapter proposes a way for finding a common ground between the two theories. It then turns on to focus on cultures and traditional practices impacting on the rights of women to participate in public affairs in the two kingdoms. Chapter five gives a brief exposition of the role of roqyl women in both kingdoms. Here emphasis is on the roles of the queen mothers in both kingdoms, the role of the queen sister in Buganda and the princess of the country in Swazilnad. Finally, chapter six presents the conclusion of the study. This chapter also advances recommendations, which may be useful in assisting other traditional African societies in the full realisation of the right." -- Introduction.
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2003.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM

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McGrath, Timothy Stephen. "Behaving Like Animals: Human Cruelty, Animal Suffering, and American Culture, 1900-present." Thesis, Harvard University, 2013. http://dissertations.umi.com/gsas.harvard:11027.

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What does it mean to be cruel to an animal? What does it mean for an animal to suffer? These are the questions embedded in the term "cruelty to animals," which has seemed, at first glance, a well defined term in modern America, in so far as it has been codified in anti-cruelty statutes. Cruelty to animals has been a disputed notion, though. What some groups call cruel, others call business, science, culture, worship, and art. Contests over the humane treatment of animals have therefore been contests over history, ideology, culture, and knowledge in which a variety of social actors-- animal scientists, cockfighters, filmmakers, FBI agents, members of Congress, members of PETA, and many, many others--try to decide which harms against animals and which forms of animal suffering are justifiable. Behaving Like Animals examines these contests in the United States from the beginning of the twentieth century to the present, focusing on four practices that modern American animal advocates have labeled cruel: malicious animal abuse, cockfighting, intensive animal agriculture, and the harming of animals on film. These case studies broadly trace the contours of American attitudes toward human cruelty and animal suffering over the last century. They also trace the historical evolution of the ideas embedded in the term “cruelty to animals.” Cruelty to animals has been the structuring logic of animal advocacy for two centuries, and historians have followed its development through the nineteenth century as a constellation of ideas about human and animal natures, about cruelty and kindness, and about suffering and sentience—very old ideas rooted in western intellectual thought and given shape by nineteenth-century sentimental culture. Behaving Like Animals follows this historical and intellectual thread into the twenty-first century, and reveals how these old ideas adapted to modern and evolving regimes of knowledge, science, and law, as they became thickly knotted in America’s varied and transforming social, cultural, intellectual, political, and legal contexts. That process has had varied and far-reaching implications in modern American culture, structuring social relations among Americans while shaping understandings of the place of animals in American society. Behaving Like Animals tells this history.

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Nakissa, Aria Daniel. "Islamic Law and Legal Education in Modern Egypt." Thesis, Harvard University, 2012. http://dissertations.umi.com/gsas.harvard:10523.

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This dissertation examines the transmission of Islamic legal knowledge in modern Egypt. It is based on two years of ethnographic fieldwork in Cairo among formally trained Islamic scholars. With governmental permission, I was able to attend classes at both al-Azhar’s Faculty of Sharīʿah and Cairo University’s Dār al-ʿUlūm. I also participated in the network of traditional study circles operating in and around al-Azhar mosque. Combining ethnographic data with extensive archival research, I trace the effects of government-led initiatives over the past century and a half to reform traditional religious learning. Such have revolved around increased incorporation of Western educational methods. There are two themes on which I focus. The first centers on ethics and subjectivity. Talal Asad has suggested that for pre-modern Muslim jurists, accurate understanding of sacred texts presupposed an appropriate "habitus". Drawing on Wittgenstein and Bourdieu, I elaborate Asad’s brief remarks along the following lines. Given that how a text is read depends upon the attributes of the reader, religious authorities insisted that proper interpretations could only be generated by proper character. The way in which to produce proper character was to mold it through a suitable program of ethical discipline. I demonstrate that pre-modern Islamic educational techniques were structured with the aim of imparting a particular habitus (modeled on that of the Prophet) by enjoining meticulous and constant imitation of the Prophet’s personal habits (Sunnah). By transforming themselves into living replicas of the Prophet, jurists believed that they acquired the ability to mirror his textual interpretations. I then describe how traditional linkages between knowledge and ethics have been eroded by the importation of Western learning techniques, scrutinizing the effects of these changes on substantive legal doctrine. The second overarching theme of my research examines how changes in pedagogical methods have produced a corresponding shift in "episteme". Using Foucault, I argue that premodern religious learning was dominated by an episteme centered on language and grammar. I proceed to describe how modern educational reforms have succeeded in inaugurating a new episteme modeled on the natural sciences. I assess the impact of this shift on modes of legal reasoning.
Anthropology

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Dissertations / Theses on the topic 'Culture and law – Swaziland'

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