To see the other types of publications on this topic, follow the link: Interpretation of statutes.
Dissertations / Theses on the topic 'Interpretation of statutes'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 dissertations / theses for your research on the topic 'Interpretation of statutes.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.
1
Pierre, Helen. "Extrinsic aids and the interpretation of statutes." Thesis, University of Ottawa (Canada), 1990. http://hdl.handle.net/10393/5581.
Full textAbstract:
This thesis considers a question of increasing significance in Canada today--the use of extrinsic aids in the interpretation of statutes. The thesis argues that the principles adopted by the courts that allow the admission of certain aids to interpretation for limited purposes only and that do not allow the admission of legislative history in non-constitutional cases create artificial distinctions amongst the various different types of aids. These distinctions serve to obscure rather than elucidate the process of interpretation by the courts. There are no compelling reasons for the courts to reject outright the admission of legislative history in non-constitutional cases. Parliamentary materials should therefore be admissible in accordance with the same rules as those applied to other interpretative aids. To this end, the thesis examines some of the interpretative aids used by the courts and the way in which they are used. Part I examine some of the aids found in the printed version of the statute. Part II examines a group of aids that have been classified as part of the general knowledge and experience of the judge. Part III looks at the way in which the courts use related acts and treaties whilst Part IV deals with the contentious area of legislative history, including Commission reports. (Abstract shortened by UMI.)
2
SHELL, PAUL RICHARD. "LOCAL IMPLEMENTATION AND INTERPRETATION OF ARIZONA BILINGUAL EDUCATION STATUTES AND POLICIES." Diss., The University of Arizona, 1986. http://hdl.handle.net/10150/183787.
Full textAbstract:
The study investigated the degree of compliance of selected Arizona public school districts with a set of state statutes which placed a limit on the amount bilingual education services a district could provide to students. The existing literature on implementation and compliance suggested that several conditions might influence districts to implement programs of instruction which would be at variance with the state laws. The study used questionnaires to gather program data from 40 school districts in southeastern Arizona. These questionnaires were screened to determine those districts offering programs of instructions which exceeded the restrictions of state law. Six such districts were found. Interviews were conducted with program administrators in each district to determine the explanations for noncompliance. An interview was also obtained with an Arizona Department of Education official to determine the role of the state regarding the bilingual statutes. Information obtained from the interviews revealed that several of the programs had been established under federal pressure to provide equal educational opportunity to limited-English-proficient children. These programs had existed long before these state statutes were put into effect in 1981. Data also indicated that the state statutes lacked enforcement mechanisms. The state agency responsible for those programs received no mandate to monitor districts or to enforce state restrictions. Also, this agency was federally-funded with a primary loyalty to federal priorities to keep programs in operation and with a service rather than an enforcement orientation toward local districts. No enforcement of the restrictions found in the 1981 bilingual statutes took place. Furthermore, administrative regulations for the 1981 statutes were formulated which permitted programs of instruction exceeding state limitations to continue. In 1984 new bilingual statutes were put into effect which removed the restrictions of the old statutes. The new statutes are discussed from the historical perspective of the earlier statutes.
3
Plucknett, Theodore Frank Thomas. "Statutes and their interpretation in the first half of the fourteenth century /." Holmes Beach (Fla.) : Wm. W. Gaunt and sons, 1986. http://catalogue.bnf.fr/ark:/12148/cb37375013v.
Full text
4
Kafesu, Lovemore Takudzwa. "Interpretation of fiscal statutes by the courts: a South African tax law perspective." Master's thesis, University of Cape Town, 2011. http://hdl.handle.net/11427/12360.
Full textAbstract:
Includes bibliographical references.This study examines the way in which the South African judiciary approaches the interpretation of fiscal legislation. It refers back to the use of the literal/textual approach (traditional approach), its shortcomings and the modification of such approach if it leads to absurdity. It also explores the purposive and contextual approaches to the interpretation of fiscal statutes. It then ana- lyses whether the advent of the Constitution (The Constitution of the Republic of South Africa of 1996) has brought a paradigm shift from the strict literal approach to the purposive approach. The conclusion reached is that the Constitution has been a catalyst for change from the literal/textual approach to a purpo- sive approach. However, the conclusion does not shy away from showing that, in practice; there is a continued practical applica- tion of the literal/textual approach by South African courts.
5
Van, Staden Marthinus Jacobus. "Identification of the parties to the employment relationship: An appraisal of teleological interpretation of statutes." Thesis, University of Pretoria, 2017. http://hdl.handle.net/2263/65631.
Full textAbstract:
The study, entitled “Identification of the parties to the employment relationship: an appraisal of teleological interpretation of statutes”, is a legal-interdisciplinary doctrinal investigation situated within the fields of labour law and the interpretation of statutes. It concerns itself with the proper interpretation of labour legislation in general and the interpretive question as to who should be party to the employment relationship in particular, within the context of the advent of constitutionalism and the proliferation of and the increase in the importance of labour legislation. In law, meaning-generation is a function of statutory interpretation and every application of a text to particular circumstances entails interpretation. The protection extended by labour legislation is only extended to those persons who are defined as “employees”. The study describes the teleological model of statutory interpretation, which aims to give effect to the purpose of a legislative provision in light of constitutional values. The study explores the five elements of (teleological) interpretation that should be considered when interpreting concepts such as “employee”: the text, the context, the telos (or values), the history and the comparative dimension. The chief findings of the study includes: that legislation has become an indispensable source of contemporary labour law; that the courts have adopted a teleological approach to the interpretation of statutes; that the courts have, in interpreting the term “employee”, adopted a teleological approach to the interpretation of statutes; and that the interpretations advanced by the courts have not had the profound effect envisaged by the Constitution on the transformation of society.Thesis (LLD)--University of Pretoria, 2017.
Mercantile Law
LLD
Unrestricted
6
Poon, Wai-yee Emily, and 潘慧儀. "The effectiveness of plain language in the translation of statutes andjudgments." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2006. http://hub.hku.hk/bib/B45015648.
Full text
7
Mammen, Christian E. "Some theoretical issues concerning the interpretation of statutes considered in relation to the United States Supreme Court's use of legislative history (particularly 1990-1994) and certain current theories relating to statutory interpretation." Thesis, University of Oxford, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.326807.
Full text
8
Pinero, Veronica B. "Transformations in the Canadian Youth Justice System. Creation of Statutes and the Judicial Waiver in Quebec." Thèse, Université d'Ottawa / University of Ottawa, 2013. http://hdl.handle.net/10393/24065.
Full textAbstract:
The objectives of this thesis were to observe how the Canadian youth justice system has dealt with the regulation of the transfer of young offenders to the adult court and how the Canadian statutes have regulated the imposition of adult offences for young offenders.
For this, I drew a distinction between two levels of observation: first, I observed the process of "creation of statutes" by the political system. Second, I observed the process of "understanding and interpretation of statutes" by the judicial system. The notion of "political system" includes the legislation enacted by Parliament, parliamentary debates, and reports published by the Government of Canada. The notion of "judicial system" includes the decisions of the Montreal Youth Court.
For the first level of observation ("creation of statutes"), I observed and analyzed the work of the political system for the period 1842 to 2012. Starting in 1857, many statutes regulated different aspects of the criminal law system as it applied to young people. The first statute to deal with youth offenders comprehensively and different from adult offenders was the Juvenile Delinquents Act (1908); this statute was replaced by the Young Offenders Act (1982). The current statute is the Youth Criminal Justice Act (2002).
With regard to the Juvenile Delinquents Act (1908) and the Young Offenders Act (1982), I observed how the political system regulated the mechanism of transferring a young person to the adult court. This mechanism allowed the youth court to decide a question of jurisdiction: whether the young person would be processed and sentenced within the youth justice system, or whether the young person would be sent to the adult court for him to be dealt with and sentenced therein. With regard to the Youth Criminal Justice Act (2002), I observed how the political system has regulated the imposition of adult sentences by the youth court. This statute replaced the mechanism of transfer under the two previous statutes by the imposition of adult sentences within the youth justice system.
For the second level of observation ("the understanding and interpretation of statutes"), I observed how the Montreal Youth Court had understood and interpreted the statutory provision that allowed the youth court to transfer a young person to the adult court for the young person to be dealt with and sentenced therein. My period of observation is from 1911 to 1995.
I argue that both the political and the judicial systems have been strongly influenced by the theories of deterrence, denunciation, retribution, and rehabilitation. The influence that each theory has exercised on each system varies. The political system, originally focused on the rehabilitation of young people, has been slowly “contaminated” by the most punitive theories, such as deterrence and denunciation. This shift started in the 70’s and slowly increased over the years. Conversely, while the judicial system does not seem to have been originally influenced by the theories of rehabilitation, its focus has slowly shifted towards this objective as the primary goal of their intervention towards young offenders since the 70’s. However, the “successful rehabilitation” of a young person has become a goal in itself, where “unsuccessful offenders” have been transferred to the adult court and dealt with the adult punitive justice system.
9
Churches, Steven C. "An historical survey of the presumption in the common law that general statutes do not bind the Crown /." Title page, contents and abstract only, 1988. http://web4.library.adelaide.edu.au/theses/09PH/09phc562.pdf.
Full text
10
Lappas, Filippos. "Readjusting orthodoxy." Thesis, University of Cambridge, 2018. https://www.repository.cam.ac.uk/handle/1810/270629.
Full textAbstract:
The thesis in question is titled “Readjusting Orthodoxy”. It constitutes a discourse in UK constitutional law although legal theoretic, historical, politicial, philosophical, and EU-related complementary themes are also present. It is founded upon, and driven by, two fundamental, inter-related premises. First, that it is the orthodox reading of the UK Constitution which best describes and explains the present constitutional arrangement: the UK Parliament is a sovereign institution sitting at the apex of the UK Constitution and vested with the right to make and unmake any law whatsoever. In the second place, that, notwithstanding the above, this very reading of the UK Constitution is currently deficient in terms of internal cohesion, is plagued by ingrained anachronistic dogmas and enjoys only a limited adaptability. From these premises emerges a third proposition; namely, that the UK constitutional discourse as a whole would stand to lose greatly should alternative constitutional theories that are less suited to describe and explain the current constitutional arrangement replace the orthodox reading of the Constitution by exploiting these conspicuous drawbacks. Thus, the present treatise argues that the orthodox reading should after critical evaluation be readjusted in the various ways to be proposed so as to be rendered coherent, consistent, impervious to the numerous challenges it currently faces and, ultimately, capable of continuing to offer the canonical account of the ever-changing UK Constitution.
11
Lovgren, A. Craig. "How to amend a statute: The drafting and interpretation of amending legislation." Thesis, University of Ottawa (Canada), 1991. http://hdl.handle.net/10393/7474.
Full textAbstract:
This thesis looks at the drafting and operation of amending legislation in the light of two paradigms of statute law. Part One examines the paradigm which developed in Great Britain in the nineteenth century. That paradigm emphasized the fragmentary character of the statute law. Ilbert analysed the techniques of amendment and concluded in favour of the use of indirect amendment and against the use of textual amendment. Another paradigm of statute law developed in the United States, Canada and Australia in the nineteenth century. It emphasizes the potential coherence of the statute law and tries to realise this potential through statute revision and the use of textual amendment. The consequences of the use of textual amendment for the operation of amending enactments are examined. The thesis also considers the argument that the use of re-enactment as a technique of amendment is undesirable because it opens up for parliamentary amendment more of the act proposed to be amended than do other techniques of amendment. (Abstract shortened by UMI.)
12
Downs, Joanne. "The status of simulation theory in the interpretation debate." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ39054.pdf.
Full text
13
Hui, Fung-yi Polly. "Collective interpretation the public perception of Statue Square as an intangible heritage /." Click to view the E-thesis via HKUTO, 2007. http://sunzi.lib.hku.hk/hkuto/record/B42219607.
Full text
14
Catoggio, Leandro. "The gadamerian interpretation of Dilthey regarding the transcendental status of hermeneutics." Pontificia Universidad Católica del Perú - Departamento de Humanidades, 2012. http://repositorio.pucp.edu.pe/index/handle/123456789/112985.
Full textAbstract:
This paper aims to show two things. On the one hand, it aims to discover that the interpretation executed by Gadamer of the Dilthian hermeneutic project ends up being one sided and reductionist in several respects, and therefore does not do justice to the fundamental hermeneutical plan of the critique of historical reason. Furthermore, we will show how Gadamerian hermeneutics continue with the Dilthian project assimilating trascendental elements that, ultimately, structurally operate the philosophical hermeneutics.En el presente trabajo se intentará mostrar dos cosas. Por un lado, se apunta a descubrir que la lectura que realiza Gadamer del proyecto hermenéutico dilthyano termina por ser una interpretación unilateral y reduccionista en varios aspectos, y, por ende, no hace justicia al plan hermenéutico fundamental de la crítica de la razón histórica. Por otro lado, se mostrará cómo la hermenéutica gadameriana continúa con el proyecto dilthyano asimilando elementos trascendentales que terminan por operar estructuralmente la hermenéutica filosófica.
15
Collins, Emma. "Admissibility in the Rome Statute of the International Criminal Court : issues of interpretation and application." Thesis, University of Oxford, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.543699.
Full text
16
Hui, Fung-yi Polly, and 許鳳怡. "Collective interpretation: the public perception of Statue Square as an intangible heritage." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2007. http://hub.hku.hk/bib/B42219607.
Full text
17
Truelove, Lynne. "Early years teacher status trainees' placement experiences : a creative interpretative phenomenological analysis." Thesis, Sheffield Hallam University, 2016. http://shura.shu.ac.uk/15578/.
Full textAbstract:
Trainees on the Early Years Teacher Status (EYTS) Graduate Employed Pathway are graduate practitioners working in the school or Private, Voluntary and Independent (PVI) sectors of early years services. On this one-year pathway, trainees undertake a placement in the alternate and unfamiliar sector to complement their workplace practice. There is little published research on teachers’ lived experience of placement in early years services with children aged between 0-5 years. This longitudinal study sought to address gaps in the research literature by focussing on the placement experience for EYTS trainees using a novel approach of combining Interpretative Phenomenological Analysis (IPA) with creative methods and semi-structured interviews. Five trainees represented their lived experience through multi-dimensional models using Lego and playdough. I discuss my findings in relation to two worlds, a world of learning and development that promotes a predominantly relationship-based pedagogy, partially overlapping with a world of schooling that promotes a predominantly readiness-based pedagogy. The trainees’ perceptions of commonalities and differences pertaining to enactments of the Early Years Foundation Stage (EYFS) (DfE 2014) suggest that these two distinct worlds exist, despite a single statutory framework, indicating that the historical split in early years services in England continues today. The findings suggest a dichotomy of professional identity for EYTS trainees that rests on the different teaching cultures of each world. This dichotomy troubles the current policy concept of a single graduate practitioner successfully teaching across the different worlds. The study has implications for professional practice in the field of early years, specifically for the preparation and support of EYTS trainees undertaking placements. Wider implications include the need for greater clarity and guidance in early years policy.
18
Foley, Sean P. "Teaching, Scholarship, and Institutional Service: A Progressive Interpretation of Faculty Work in Higher Education." Oxford, Ohio : Miami University, 2006. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=miami1146222201.
Full text
19
Clegg, Michael Jonathon. "Character status as a constraint on inference : some aspects of the cognitive processes underlying written language interpretation." Thesis, University of Glasgow, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.320253.
Full text
20
Vepsä, A. (Antti). "Passion of christianity:the Japanese interpretation of the status of christianity in Japan through the use of anime." Bachelor's thesis, University of Oulu, 2016. http://urn.fi/URN:NBN:fi:oulu-201606042369.
Full text
21
Singer, Sarah. "Exclusion from refugee status : terrorism and the UK's interpretation and application of Article 1F of the 1951 Convention relating to the status of refugees." Thesis, Queen Mary, University of London, 2014. http://qmro.qmul.ac.uk/xmlui/handle/123456789/27209.
Full textAbstract:
This thesis examines whether and in what ways 'terrorism' has featured in the UK's interpretation of Article 1F, the 'exclusion clause' of the 1951 Refugee Convention, and how the provision is applied to suspected terrorists in the practice of decision makers. This research draws on a number of sources, including Freedom of Information requests, questionnaires and interviews conducted with immigration judges, the Home Office's exclusion unit and legal practitioners. All reported UK cases concerning Article 1F were analysed, as were the Home Office's asylum guidance documents, primary and secondary UK legislation and international legal sources pertaining to exclusion from refugee status. This research therefore provides an unprecedented and thorough analysis of whether and how terrorism is being employed in the interpretation and application of each of the individual limbs of Article 1F. Although there has been a clear governmental and political drive to ensure that refugee status is not granted to terrorists, this research reveals that the predominant practice of both courts and tribunals in the UK and the Home Office's exclusion unit has not been to focus on whether an individual is a 'terrorist', but instead whether they have committed a serious crime within the meaning of Article 1F. Where the term 'terrorism' has been employed, courts and tribunals have looked to international rather than domestic definitions of the term in order to arrive at an 'autonomous meaning'. While there has been an increase in the application of Article 1F in the UK over the last decade, in practice the use of the provision has remained exceptional and appears to be subject to a fair degree of rigour. Nevertheless, a number of recommendations are made by which the quality of decision making could be improved and a greater degree of fairness added to the exclusion process in the UK.
22
Johnson, Laura Lee. "Incorporating death into the statistical analysis of categorical longitudinal health status data /." Thesis, Connect to this title online; UW restricted, 2002. http://hdl.handle.net/1773/9559.
Full text
23
López, Bofill Hèctor. "Formas interpretativas de decisión en el juicio de constitucionalidad de las leyes." Doctoral thesis, Universitat Pompeu Fabra, 2002. http://hdl.handle.net/10803/7279.
Full textAbstract:
La tesi té per objecte l'estudi de les decisions d'una jurisdicció constitucional en les quals, com a alternativa a la declaració d'invalidesa, es condiciona la constitucionalitat dels preceptes legals que s'examinen a una determinada interpretació fixada pel Tribunal Constitucional. La investigació analitza els fonaments d'aquesta tècnica i els exemples del seu us en dret comparat. L'autor rebutja una aproximació a aquest fenomen de caràcter tipològic (que ha estat l'habitual en les aportacions fins ara publicades sobre la matèria) per endinsar-se a analitzar les raons materials i institucionals que porten a una jurisdicció constitucional a dictar aquesta mena de pronunciaments.La tesis tiene por objeto el estudio de aquellas decisiones de una jurisdicción constitucional en las que, como alternativa a la declaración de invalidez, la constitucionalidad de los preceptos legales examinados quedan condicionados a una interpretación establecida por el propio Tribunal Constitucional. La investigación analiza los fundamentos de dicha técnica y los ejemplos de su uso en derecho comparado. El autor rechaza una aproximación a este fenómeno de carácter tipológico (habitual en las aportaciones hasta la fecha publicadas) y se centra en el análisis de las razones materiales e institucionales que impulsan a la jurisdicción constitucional a dictar esta especie de pronunciamientos.
The dissertation examines those constitutional court decisions in which the controlled statute is not set aside but constitutional under some conditions fixed by the Constitutional Court. The research analyzes the foundations of these decisions and their use by the Constitutional Courts in comparative law. The author rejects an approach of such decisions based upon their classification and argues for a position concerning the institutional and material background in which these decisions are invoked.
24
Tweheyo, Ritah. "Exploring how women negotiate pregnancy in respect to food behaviours and weight status : an interpretative phenomenological study." Thesis, University of Hull, 2016. http://hydra.hull.ac.uk/resources/hull:14556.
Full textAbstract:
This study is a longitudinal exploration of women’s eating behaviours and weight status during motherhood starting from pre-conception, through pregnancy and into the early postpartum period. The study aimed to explore how women negotiate pregnancy in the context of food and weight status using IPA. The rationale was to capture from the diverse voices of different women what is important to them at these different time points and collectively how this informs behaviour in the motherhood journey. The participants consisted of three different, randomly selected sample sets of women 20- 40 years. Focus groups were carried out with 10 never pregnant women, followed by serial individual interviews with five currently pregnant women, and five women who had recently given birth, interviewed at 2 different time points. The findings highlight a change in women’s priorities described in superordinate themes along the motherhood cycle. Women’s priorities changed starting in pre-conception with a strong sense of self and realisation of limited time for childbearing, to focussing on the baby at the expense of the self, during and after pregnancy. The findings strongly show that women’s eating has emotional, biological and gendered meanings during the transition to motherhood. Socialisation, social events, expectations and peer support also strongly influenced how women negotiated conflict in this continuum. There are tensions in the postpartum period between the new focus on the baby (emerging during pregnancy), which prescribes healthful eating, and the stresses of a new motherhood lifestyle which reverts women to emotional eating (present preconceptually). In negotiating these tensions, women adopt the digital discourse as part of self-support behaviours in addition to trust and desire for the support of HCPs and significant others. The findings have implications for lifestyle interventions that acknowledge these tensions, women’s priorities and their coping strategies.
25
Pardo, Deborah Elaine. "The status of the Jewish law in the messianic era from the Biblical period to the seventeenth century /." Thesis, McGill University, 2001. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=32934.
Full textAbstract:
This thesis covers the status of the Jewish law in the messianic era as it was anticipated in Jewish texts from the biblical period until the seventeenth century. Although the predominant perspective is the law's perpetuity, a future idealized version was particularized in each age and stylized by various groups. The view of the law's continuity was challenged by streams of thought and ambiguities in the texts that allowed for changes and cessations in the law in messianic times. Concrete messianic movements, such as that of the New Testament in the first century and the Sabbatean movement of the seventeenth century, brought some of these underlying currents to the forefront with their reinterpretations of the law and their antinomian behaviour.
26
Slater, Rachel Helen. "A jurisprudential analysis of the interpretation of 'persecution' under the 1951 convention relating to the status of refugees at the domestic level." Thesis, University of Birmingham, 2014. http://etheses.bham.ac.uk//id/eprint/5509/.
Full textAbstract:
This thesis considers the question ‘who is a refugee’ and suggests how one might answer this in the context of international refugee law. The theories of Robert Alexy’s are adopted as a lens through which to reconstruct refugee law. The case for viewing human rights as worthy of special protection is put forward and the implications for refugee law are considered. It posits a special status for human rights that gives refugees’ claims high priority. This rejects the notion that states have absolute discretion to control borders. This claim is strengthened when one considers the nature of the claim to human rights protection made by refugees: protection from persecution. This ties refugeehood to political legitimacy, a concept evolving through notions such as Responsibility to Protect, to demand higher standards of human rights protection. This, in turn, requires the Refugee Convention to evolve to maintain its protective scope. This thesis will use notion of collective violence to demonstrate that article 1(2) is conceptually capable of supporting this required expansive notion of ‘refugee’ whilst retaining the boundary between ‘refugee’ and ‘refugee-like.’ It will show also how this reconstruction of refugeehood dismantles many of the obstacles to recognition facing female refugees.
27
Svendsen, Eric. "Who is my mother? : the role and status of the mother of Jesus in the New Testament and in Roman Catholicism / Eric Svendsen." Thesis, Potchefstroom University for Christian Higher Education, 2001. http://hdl.handle.net/10394/10309.
Full textAbstract:
This work begins by providing an historical overview of Mariology, tracing Marian
issues from the early fathers, to the Mariology of the Middle Age, to the apex of Mariology
during the time of the Reformation and beyond. A contrast is then noted between pre-Vatican
II Mariology and post-Vatican II Mariology.
Matthew 1:18-25 is our first treatment of the biblical text. Here the work surveys the
various views of issues related to Mary, including the meaning of Joseph's "righteousness,"
the meaning of "before they came together" (v. 18) and the meaning of "until" (v. 25). An
indepth study is provided on the use of the phrase ("until") in the NT to see
whether there are any implications for the Roman Catholic teaching of Mary's perpetual
virginity. The work continues its investigation of the phrase in the LXX and in the
Hellenistic literature of the two centuries surrounding the birth of Christ to see whether any
clear examples of this phrase can be adduced in support of the Roman Catholic
understanding of Matt 1:25. Since much of the literature examined is not available in
English translation, the author has done the primary translation work himself.
Equally important in this regard is the identity of the "brothers" of Jesus in the NT.
A survey is provided of the three major views on the identity of those called the brothers of
Jesus in the NT, listing each one's strengths and weaknesses. The work also investigates the
semantic range of the words in the LXX, the NT, and the surrounding
Hellenistic literature. Again, Mary's perpetual virginity is at issue.
Next, we begin our examination of the status of Mary in the New Testament, starting
with the Synoptic Gospels. The work surveys the common Marian accounts found in the
Synoptic Gospels, and examines their impact on our understanding of the relationship
between Jesus and his mother vis-a-vis her status as mother. Special considerations are given
to Luke's account, which includes Marian episodes not found in the other gospels. This
intent is to determine whether Luke views Mary in a different way than the other Gospel
writers, and what status he gives to Mary. The work also examines the evidence for seeing
special Marian symbolism in Luke. It investigates the common understanding among Roman
Catholic interpreters that Luke, in his Annunciation and Infancy narratives, intends for us to
see in Mary OT allusions to the Ark of the Covenant, the daughter of Zion, the Ana win, and
the like.
Once our investigation of the Synoptics is over, we turn our attention to John's
gospel, which contains two passages of particularly Marian significance. We first examine the
issues surrounding the encounter between Jesus and his mother in John 2:1-6 to see what
impact, if any, this passage has on our overall understanding of Mary's role and status in the
church, particularly in regard to her role in Roman Catholicism as Mediat1:ix. Next, we
examine the issues surrounding the encounter between Jesus and his mother in John 19:25-
27 (at the foot of the cross) to see what impact, if any, this passage has on our overall
understanding of Mary's role and status in the church, particularly in regard to her role in
Roman Catholicism as Mother of the church.
Our inquiry reaches its conclusion with an investigation of the possible Marian
significance in Revelation 12. Here we examine the meaning of the "woman clothed with the
sun," to see whether there is an allusion to Mary, as well as to the Roman Catholic
understanding of her Assumption. A survey of the various views is included, as well as a
survey of views throughout the history of the church. Once finished, we propose a
Mario logy that is at once biblical and honouring to the woman of whom it is said, "all
generations will call [her] blessed."Thesis (Ph.D. (New Testament))--Potchefstroom University for Christian Higher Education, 2002
28
Sarrinikolaou, Irene School of Media Film & Theatre UNSW. "The ontological status of Pirandello???s metacharacters: six characters in search of a Platonic author." Awarded by:University of New South Wales. School of Media, Film & Theatre, 2006. http://handle.unsw.edu.au/1959.4/25974.
Full textAbstract:
This thesis proposes that a defining feature of Pirandello???s 1921 play ??? Six Characters in Search of an Author, is a relentless transcendentalism. It argues that the play embodies a fascination with existential and conceptual ???occult???, and my hypothesis is that by exploring Pirandello's transcendentalism we may enhance our understanding of how and why Pirandello's play points a mirror up to the invisible and suggests that we could be a reflection of that. Pirandello's drama alludes to some of the most convoluted and enduring debates in western philosophy. However, there is very little English-language material on Pirandello???s relation to philosophy or the relevance of analytical philosophy, metaphysics or epistemology to Pirandello???s playwriting. Even foreign-language studies focus on existentialism, phenomenology and other Continental traditions of philosophy. My contribution is to craft a subjective response to Six Characters in accordance with the methods of analytical philosophy, making use of paradigms and techniques that stem from aesthetics and metaphysics to elucidate a complex self-reflexive play. Chapter One presents analytical philosophy as a potential interpretative framework for the play, whereas chapters two and three explore the metacharacters specifically. This thesis does not seek to offer conclusive assertions about the peculiar ontological status of Pirandello???s metacharacters, rather, it introduces some frameworks and conceptual tools for better approaching their ontolo
29
Schilling, Johannes. "Präoperativer Status und kurzfristiger postoperativer Verlauf nach OPCAB-Operation bei Patienten eines herzchirurgischen Zentrums und Interpretation von postoperativer Mortalität und Apoplexrate in Relation zur präoperativen Morbidität anhand observed-expected Ratios." Diss., lmu, 2007. http://nbn-resolving.de/urn:nbn:de:bvb:19-79325.
Full text
30
Schilling, Johannes [Verfasser]. "Präoperativer Status und kurzfristiger postoperativer Verlauf nach OPCAB-Operation bei Patienten eines herzchirurgischen Zentrums und Interpretation von postoperativer Mortalität und Apoplexrate in Relation zur präoperativen Morbidität anhand observed-expected Ratios / Johannes Schilling." München : Universitätsbibliothek München, 2007. http://nbn-resolving.de/urn:nbn:de:bvb:19-79325.
Full text
31
Schilling, Johannes [Verfasser]. "Präoperativer Status und kurzfristiger postoperativer Verlauf nach OPCAB-Operation bei Patienten eines herzchirurgischen Zentrums und Interpretation von postoperativer Mortalität und Apoplexrate in Relation zur präoperativen Morbidität anhand observed expected ratios / vorgelegt von Johannes Schilling." München : Universitätsbibliothek München, 2007. http://d-nb.info/1005543321/34.
Full text
32
Shelton, Jeff Scott. "From College to Career: Understanding First Generation and Traditional Community College Transfer Students' Major and Career Choices." PDXScholar, 2013. https://pdxscholar.library.pdx.edu/open_access_etds/1408.
Full textAbstract:
While the connection between major choice and career goals seems logically obvious, research exploring this process is limited, particularly concerning how socio-economic class, based on parents' educational levels, influences the choice process. An important initial step in understanding this larger process is to explore how SES-based differences affect the process of choosing a major, a career goal and the way in which students link their major to a possible career.
This study utilizes a comparative interview design to explore the lived experiences regarding major and career aspirations of first generation and traditional college seniors who have transferred from a community college to Portland State University. This study considers a first generation student to be any student that does not have a parent that has graduated from a four-year university in the United States. A traditional student is any student that has one or more parents who have earned at least a four-year degree in the U.S. Using a conceptual framework based on Pierre Bourdieu's work on social reproduction, this qualitative interview study examines how social and cultural capital as well as habitus influences first generation and traditional community college transfer students' choice of career, major and the link these students make between the two.
This research found that the majority of students, both first generation and traditional community college transfer students, gained domain specific information that helped them with their major and or career goals from mentors such as, professors and academic advisers. However, Traditional students received "life advice" and encouragement from family members and employers that helped them to stay on track and gain inside information regarding their career choices. Traditional students used their past and current work history to assist them in strengthening their chances at realizing their career goals. Many traditional students planned to use the degrees they earned at college to advance within fields they already were working in. In comparison, it was only after they started college and settled on specific majors that first generation students looked for work experiences to help explore possible occupational outcomes. Another major difference between the two groups of students was that traditional students linked their majors to multiple jobs in an occupational area while first generation students linked their major to specific occupational positions.
While there has been a large amount of research in the United States using Bourdieu's theory to examine how micro processes of language and teacher's expectations are utilized to maintain social stratification in K-12 education, there has been little research done on the micro processes that occur in college that lead to the reproduction of social class. This thesis illustrates how family background-based advantages that lead to differences in students' K-12 success actually continue after they enter higher education. By drawing attention to the importance of how family-background impacts major and career choices for community college transfer students after they arrive at the university, this thesis contributes to Bourdieu's explanation of how education at all levels contributes to the reproduction of a socially stratified society.
33
Sartes, Laisa Marcorela Andreoli [UNIFESP]. "Propriedades Psicométricas da versão brasileira do Addiction Severity Index 6 (ASI 6): Uma abordagem pela Teoria de Resposta ao Item." Universidade Federal de São Paulo (UNIFESP), 2011. http://repositorio.unifesp.br/handle/11600/9989.
Full textAbstract:
Made available in DSpace on 2015-07-22T20:50:40Z (GMT). No. of bitstreams: 0
Previous issue date: 2011-06-30Embora amplamente utilizado em vários países para planejamento de tratamento de pessoas com problemas decorrentes do uso abusivo de substâncias psicotrópicas, a versão em português do instrumento Addiction Severity Index (Escala de Gravidade de Dependência - 6ª. edição - ASI 6), ainda não havia sido avaliada quanto a algumas propriedades psicométricas. Este estudo transversal, que fez parte de um projeto multicêntrico internacional, teve por objetivo avaliar as propriedades psicométricas das sete áreas da versão brasileira do ASI 6 utilizando modelos da Teoria de Resposta ao Item (TRI) e com base nesta análise, selecionar os melhores itens, visando propor uma versão reduzida do ASI 6. O ASI 6 foi aplicado a 740 pacientes em tratamento especializado para dependência de álcool e/ou outras drogas, localizados em quatro cidades brasileiras: Porto Alegre, São Paulo, Rio de Janeiro e Salvador. Com os dados colhidos, foram realizadas análises fatoriais (AFs) para avaliar a existência de unidimensionalidade da área e, sendo esta confirmada, aplicados dois modelos paramétricos da Teoria de Resposta ao Item (TRI). Cada item foi avaliado em relação a dois parâmetros: a) sua capacidade de discriminação de pessoas quanto à intensidade do traço latente (gravidade de problemas em cada área avaliada) e b) dificuldade do item para gerar respostas afirmativas. Com base nestes parâmetros foi estudada, em cada área, a distribuição dos itens e das pessoas numa escala dos diferentes níveis de gravidade do traço latente. As características das pessoas que se encontram em cada nível de gravidade foram descritas considerando os itens que os compõem. Segundo as análises baseadas na TRI, com exceção da área “Emprego/Sustento”, todas as outras seis áreas apresentaram boas propriedades psicométricas. Cerca de um terço dos itens originais apresentou índices adequados de discriminação e dificuldade. Desta forma, para compor uma versão reduzida do ASI, foram selecionados 96 dos 344 itens (incluindo aqui os subitens dos 252 itens originais) pela eliminação dos itens pouco discriminativos ou de extrema dificuldade para gerar respostas afirmativas. No caso da área “Emprego/Sustento” a seleção de itens foi baseada na AF. A estrutura dos construtos de cada uma das sete áreas do ASI 6 foi avaliada com base na associação da interpretação das análises baseadas na TRI e das AFs. Tal análise indicou que cada área pode ser considerada unidimensional, a partir de um subconjunto de itens, por possuir um construto principal identificável. Uma redução significativa do ASI 6, construída com base nos itens selecionados, poderá ser útil tanto em pesquisa clínica, como no planejamento de tratamento de pessoas com problemas decorrentes do uso abusivo de substâncias psicotrópicas, reduzindo o tempo necessário para sua aplicação, sem que haja perda das principais informações por ele fornecidas. Palavras chave: Entrevista Psiquiátrica Padronizada; Psicometria; Transtornos Relacionados ao Uso de Substâncias; Estudos de Validação; Interpretação Estatística dos Dados.
TEDE
BV UNIFESP: Teses e dissertações
34
Donahoe, Kate C. "From self-praise to self-boasting : Paul's unmasking of the conflicting rhetorico-linguistic phenomena in 1 Corinthians." Thesis, St Andrews, 2008. http://hdl.handle.net/10023/493.
Full text
35
Kadem, Sabine. "Le droit du plus faible comme principe d'interprétation judiciaire en droit civil de la personne." Thesis, Bordeaux, 2014. http://www.theses.fr/2014BORD0104.
Full textAbstract:
La faiblesse est partout et touche tout le monde. Lorsqu’elle se trouve dévoilée serévèle la vulnérabilité. Et c’est dans ce moment là que la faiblesse doit être qualifiéejuridiquement. Or comme toute qualification, elle doit obéir à des règles. Ces règles s’imposentà la présente étude comme premier fondement analytique. C’est en effet en partant du droitprivé, celui de la personne, que de premières règles garantissant les droits de « l’Homme »peuvent être identifiées. Celles-ci ont pour objet ce qui fait l’être humain, dans sa faiblesse.Elles en donnent une forme de définition, juridique, mais sans toute la profondeur d’uneapproche autrement que systémique, voire parfois systématique, au sens d’une régulationadministrativiste des droits. C’est aux entrecroisements théoriques, qui fondent la règle dedroit, que l’on peut saisir des hypothèses faisant être la règle de droit. Toutefois, c’est dans lapensée sous-jacente, que seul un langage de philosophie du droit saura révéler, le lieu où lafaiblesse trouvera sa correspondance la plus exigeante. Là elle rejoint les langagesontologique et métaphysique, qui font qu’elle « existe » au-delà de toute qualification juridique.D’une approche de philosophie du droit on retiendra donc que le droit du plus faible obéit àplusieurs règles communes, relevant d’une forme d’universalité, et que celles-ci peuventtrouver une véritable traduction en droit positif. C’est une forme de typologie de la faiblesseque l’on retrouve le plus souvent en pratique dans le discours du juge. C’est en invoquant lasentence du juge, dans sa souveraine interprétation judiciaire, que la faiblesse prend sadernière forme, celle que la personne se doit d’accepter pour faire valoir un droitThe weakness is everywhere and affects everybody. When she is revealed, showsitself the vulnerability. A this moment she must be legally qualified. Yet, as any qualification,her has to obey rules. So these impose upon the present study as first analytica l foundation.Indeed while leaving of the private law, that of the person, of first rules guaranteeing the rightsof " the Man " can be identified. These have for object what makes the human being, in hisweakness, in a way gives a shape of definition, legal, but without all the depth of an approachthan what systematism, even sometimes systematic, in the sense of a regulation“administrativiste” rights. It is in the theoretical intertwinings, that base the legal rule, whichwe can seize with hypotheses making the legal rule be. However, it is in the underlyingthought, that only a language of philosophy of the right/law will know how to reveal, that theweakness will find its most demanding correspondence. There she joins the ontological andmetaphysical languages, which make that she "exists". Of an approach of philosophy of theright/law we shall thus retain that the right of the weakest obeys several common rules, andbeing of a shape of universality, and that these can find a real translation in substant ive law. Itis a shape of typology of the weakness that we find most of the time in practice in the speechof the judge. While calling upon the judgment of the judge, in his ruler judicial interpretation,the weakness take its last shape, the one that the person owes accept to assert to right a“right”
36
Dadie, Dobe-Yoro Zilhy Maryvonne Alice. "La contribution de la commission africaine des droits de l'homme et des peuples à la protection des droits des détenus." Thesis, Strasbourg, 2018. http://www.theses.fr/2018STRAA002.
Full textAbstract:
Organe institué par la Charte africaine des droits de l’Homme et des Peuples, la Commission africaine exerce une mission de contrôle du respect des droits de l’Homme en Afrique depuis 1987. Dans ce cadre, elle a rendu de 1992 à 2017, un ensemble de 57 décisions à travers lesquelles elle participe à la protection des droits des détenus en Afrique. Cette démarche est axée sur deux composantes à savoir, la reconnaissance des droits des détenus et leur mise en œuvre. Ainsi, la Commission a mis à profit son activité interprétative pour donner de la substance aux droits généraux reconnus par la Charte et adapter ces derniers au cadre de la détention. Cette dernière a donc institué des normes et principes, exigeant le respect et la protection de la dignité humaine, la protection de l’intégrité physique ou morale ainsi que le droit aux relations sociales et le droit à la légalité de la détention du détenu. Par ailleurs, la Commission a élaboré et institué les mécanismes (contentieux et non contentieux) et de suivi, à travers lesquels elle contrôle les mesures adoptées par les Etats pour donner effet aux droits des détenus. Ainsi, cette recherche a mis en lumière les points positifs et les limites de cet apport. Ces limites qui sont dues à des facteurs internes et externes à la Commission ont donné lieu à des recommandations dont la prise en compte permettra de renforcer ce mécanisme et rendre la protection des droits des détenus plus effectiveTreaty body established by the African Charter on Human and Peoples' Rights, the African Commission has exercised its mission to monitor the respect of Human rights in Africa. In this context, from 1992 to 2017, it issued a set of 57 decisions through which it contributes to the protection of the rights of detainees in Africa. This approach focuses on two components namely, the recognition of prisoners' rights and their implementation. Thus, the Commission has used its interpretative activity to give substance to the general rights recognized by the Charter and to adapt them to the specific context of detention. The Commission has therefore raised standards and principles demanding respect and protection of the human dignity, the protection of physical or moral integrity, the right to social relations and the right to the lawfulness of detention. In addition, the Commission has established litigation and non-litigation mechanisms along with follow up mechanisms, through which it monitors the measures adopted by States to give effect to the rights of detainees. Thus, this research has highlighted the positive aspects and the limits of this contribution. These limits, which are due to factors both internal and external to the Commission, have given rise to recommendations that, if taken into account, would strengthen this mechanism and make the protection of detainees' rights more effective
37
Schelb, Simone-Ariane. "The Syrian Refugee Crisis and the European Union: A Case Study of Germany and Hungary." FIU Digital Commons, 2017. https://digitalcommons.fiu.edu/etd/3543.
Full textAbstract:
This thesis explores the impact of the Syrian refugee crisis on the Common European Asylum System. It evaluates the extent to which the European Union was able to implement a common asylum system, identifies discrepancies between different European countries, primarily Germany and Hungary, and briefly examines the roots of these differences. To this end, the structure of the international refugee protection regime and the German and Hungarian asylum systems are analyzed. Furthermore, the thesis explores how the governments of the two countries perceive the rights of refugees and how their views have affected their handling of the crisis. The case studies of Germany and Hungary have revealed that the treatment of Syrian refugees varies enormously within the EU. Hence, the implementation of the Common European Asylum System has not been achieved, which can be attributed to the deficiencies within the system and the growing ideological rifts within the EU.
38
"The new context of statutory interpretation of tax statutes in Mexico." Tulane University, 2006.
Find full textAbstract:
This dissertation explains how the interpretation of tax law is rule by Article 5 of the Mexican Federal Tax Code and how this article has been interpreted by scholars, tax authorities, taxpayers and courts. Traditionally, the fundamental elements of tax law have been interpreted in a strict form, which means that the interpreter has to find the literal meaning of the statute, no more. Fortunately, this criterion was superseded by Precedent 133/2002 of the Second Courtroom of the Mexican Supreme Court which is the heart of this dissertation and was the culmination of a progressive development in the field of interpretation of tax law by federal courts. In this precedent the court held that even though articles that contemplate the essential elements of a tax are of strict application, those articles could admit other methods of interpretation in order to find their meaning. This crucial criterion has been recently complemented by the same Second Courtroom, through precedent 27/2006, in which clearly states the meaning of 'strict application' and establishes that this concept must be understood not like a strict interpretation or a method of interpretation but as the result of an interpretative activity The dissertation also explains how the cited development of the criterion held by federal courts has been poorly accepted by administrative courts and by Mexican scholars. Tax authorities and tax payers have been accepted this criterion only when it is convenient for their own interests In this work the author studies how the federal courts in USA, especially the American Supreme Court of Justice, interprets tax law and what have been stated by law and by American scholars The author also compares the Mexican and the American juridical system in relation with the interpretation of law and concludes that the differences are not essential; both countries apply the same methods; the difference is that the Mexican system grants a huge deference to the letter of law and the American system to the intention of Congress Finally, the author proposes the amendment of Article 5 of the Federal Tax Code, in order to adopt the existent criteria of the Mexican Supreme Court when interpreting tax statutesacase@tulane.edu
39
Du, Toit Jaco M. "Place of effective management - who calls the shots?" Thesis, 2016. http://hdl.handle.net/10539/19400.
Full textAbstract:
A research report submitted to the faculty of Commerce, Law and Management, University of the Witwatersrand, Johannesburg in fulfilment of the requirements for the degree of Master of Commerce (specialising in Taxation).
Johannesburg - March, 2015Where Contracting States to a Double Taxation Agreement (DTA) refer to their respective domestic law concepts in respect of determining residence for purposes of a DTA, conflicting results may arise which can lead to double taxation and Contracting States being denied treaty relief. The interpretation of the concept of ‘Place of Effective Management’ as found in the residency tie-breaker clause in Art 4(3) of DTAs (based on the OECD Model Tax Convention on Income and Capital) used to resolve issues of dual-resident companies for purposes of applying the DTA, provides a pertinent example of a need for a common international understanding of treaty terms in order to avoid such potential conflicts. This paper explores how the term ‘Place of Effective Management’ should be interpreted in the above context by a South African court of law in order to conform to an internationally accepted meaning of the phrase.
40
Botha, C. J. (Christo J. ). "Waarde-aktiverende grondwetuitleg : vergestalting van die materiele regstaat." Thesis, 1996. http://hdl.handle.net/10500/15624.
Full textAbstract:
afSuid-Afrika is sedert 27 April 1994 'n materiele regstaat, wat deur beide uitdruklike en 'ongeskrewe' fundamentele waardes onderskraag word. Dit is juis hierdie fundamentele waardes wat 'n blote formele konstitusie (as grondslag van 'n relative democracy) van 'n oppermagtige grondwet (as basis van 'n materiele standard-setting democracy) onderskei. Alhoewel daar 'n lewendige debat oor die toepaslikheid van die talle tradisionele grondwetuitlegmetodes gevoer word, is daar nietemin tans geen oorhoofse waardebaseerde paradigma vir grondwetuitleg nie. Soms wil dit voorkom asof fundamentele grondwetlike waardes net as normatiewe retoriek, in stede van materiele riglyn, by grondwetuitleg gebruik word. Die owerheidsgesag is aan hoer normatiewe regsbeginsels gebonde wat grotendeels in die fundamentele regte-akte (as deel van 'n oppermagtige grondwet) vervat is. Die gewaarborgde fundamentele regte dien derhalwe as konkretisering van beide die regstaat en die demokrasie: die materiele regstaatbegrip is die basis van _die grondwetlike staat. Die materiele regstaat, as geregtigheidstaat, kan dus gesien word as die eindbestemming van die grondwet as lex fundamentalis in die regsorde. 'n Oppermagtige grondwet is egter onlosmaaklik verbind aan die materiele regstaat. Daarom behels grondwetuitleg noodwendig die aktivering van die grondwetlik-gepositiveerde waardes. Hierdie normatiewe regsbeginsels en fundamentele waardes wat in die grondwet as grundnorm van die geregtigheidstaat beliggaam is, moet dan deur 'n onafhanklike regbank gehandhaaf en afgedwing word. In beginsel is grondwetuitleg gemoeid met die identifisering, handhawing en aktivering van die fundamentele waardes wat 'n oppermagtige grondwet onderskraag. Waarde-aktiverende grondwetuitleg is nietemin nie 'n bloudruk waarmee aile praktiese uitlegprobleme opgelos kan word nie, maar 'n oorhoofse waardebaseerde paradigma: 'n dwingende, normatiewe verwysingsraamwerk waarvandaan, waarbinne en waarheen grondwetuitleg op pad is. Die tradisionele grondwetuitlegmetodiek is bloat aanvullende tegnieke wat 'n waarde-aktiverende paradigma van grondwetuitleg ondersteun. Aangesien fundamentele waardes onlosmaaklik deel van die materiele regstaat is, moet grondwetuitleg nie net waardebaseer nie, maar ook waardegerig wees; nie net waardes handhaaf nie, maar ook bevorder en aktiveer; nie net waardes weerspieel nie, maar ook aktief vestig. 86 'n raamwerk vir grondwetuitleg behels die 'animering' en konkretisering van fundamentele waardes, ideale en standaarde wat die materiele regstaat onderle, kortom, waarde-aktiverende grondwetuitleg as vergestalting van die materiele regstaat.
On 27 April1994 South Africa became a constitutional state (Rechtsstaat), underpinned by both express, and 'unwritten' fundamental constitutional values. These values represent the distinction between a formal constitution (ie the basis of a relative democracy), and a supreme constitution (the foundation of a material standard-setting democracy). Although the merits of various methods of constitutional interpretation are hotly debated, no general value-based paradigm for constitutional interpretation has yet been established. At times it seems as if fundamental constitutional values are merely invoked as normative rhetoric during constitutional interpretation, rather than as substantive guidelines. Government institutions are bound by these higher normative legal principles, which in a supreme constitution are articulated primarily in the bill of fundamental rights. The guaranteed fundamental rights are a concretisation of both the constitutional state and democracy: the material law state principle (Rechtsstaatprinzip) as the foundation of the constitutional state. The Rechtsstaat as 'just state' is the ultimate goal of a supreme constitution as lex fundamentalis in the legal order. A supreme constitution is inextricably linked to the Rechtsstaat. As a result, constitutional interpretation inevitably involves animating and activating values positivised within the constitution.These normative legal principles and fundamental values must be maintained and enforced by an independent judiciary. In principle, constitutional interpretation deals with the identification, maintenance and animation of the fundamental values underlying a supreme constitution. Value-activating constitutional interpretation is not a blueprint for resolving all practical interpretive problems, but it is a general value-based paradigm: a peremptory, normative frame of reference from which, within which and towards which all constitutional interpretation should be directed. The traditional methodologies of constitutional interpretation are merely ancillary techniques supporting a value-activating paradigm of constitutional interpretation. Since fundamental values undeniably form part of the Rechtsstaat, constitutional interpretation should not only be value-based, but also values-directed; should not merely uphold the values, but also promote and activate them; should not only reflect the values, but also actively establish them. Such a framework for constitutional interpretation involves the animation and concretisation of the fundamental values, standards and ideals underlying the constitutional state: valueactivating constitutional interpretation as embodiment of the Rechtsstaat.
Law
LL.D. (Law)
41
Theron, Antoine. "Teonome epistemologiese oorwegings by grondwetuitleg." Diss., 1996. http://hdl.handle.net/10500/16187.
Full textAbstract:
This article considers the nature of interpretation as important question in constitutional
interpretation from a theonomic epistemological perspective. Theonomic epistemology is
summarily described. The modem language philosophy's view of the nature of interpretation
is then investigated, after which a theonomic definition of interpretation and hermeneutics is
suggested. Different approaches to interpretation commonly found in legal practice are
evaluated on the basis of the suggested definition. The theonomic approach is then applied to
another issue in constitutional interpretation, the nature of the judicial function, and broad
guidelines are given for the practical application of theonomic epistemological considerations.Hierdie artikel ondersoek die wese van interpretasie as belangrike vraagstuk by grondwetuitleg vanuit die perspektief van die teonome epistemologie. Die teonome epistemologie word oorsigtelik beskryf. Die modeme taalfilosofie se beskouing van interpretasie word dan behandel, waama 'n teonome definisie van interpretasie en hermeneutiek voorgestel word. Die verskillende uitlegbenaderings wat algemeen in die praktyk voorkom, word aan die hand van die voorgestelde definisie geevalueer. Vervolgens word die teonome benadering op 'n ander vraagstuk van grondwetuitleg - die aard van die regterlike funksie - toegepas, en word bree riglyne vir toepassing van teonome epistemologiese oorwegings in die praktyk van regspraak gegee.
Department of Constitutional International & Indigenous Law
LL.M.
42
Ross, Derrick Bernard. "The constitution, hermeneutics and adjudication : point of departure for substantive legal argument." Thesis, 1999. http://hdl.handle.net/10500/17636.
Full textAbstract:
The Constitution stipulates that its value-commitments are to inform the
interpretation of statutes and the development of the common law and customary
law. Legislative construction and law-application generally are therefore to be
perceived as involving an axiological dimension.
Three hermeneutical traditions are dealt with to the end of clarifying the approaches
to be adopted in everyday legal• argumentation. The study culminates in the
adduction of leads for substantive !juridical argument in the process of statutory
interpretation and in handling common-law and customary-law sources. These
leads are shown to be functional byi way of a critical discussion of recent case law
and a conspectus of contemporary t~ought bearing on the nature of customary law.
The social dimension of the legal process is throughout underscored as a factor of
significance. Concomitantly, it is rcigistered that the jurisprudence of formalism, so
marked an attitude of a previous time, should be abjured to the extent that it is
disdainful of value-commitment. Conformably, literalist and literalist-cumintentionalist
perceptions as well as kindred stances are berated.
The penultimate chapter of this thesis suggests an encompassing approach to the
interpretation of statutes, comprised of a systematic tabulation of insights
previously garnered. The fmal chapter postulates that common law and customary
law are not to be dealt with upon an interchangeable basis, inasmuch as the sources go out from radically divergent premises. It then proceeds to elaborate a
conceptual framework for dealing respectively with each of these sources.Law
LL.D.
43
Downs, Joanne. "The status of simulation theory in the interpretation debate." Thesis, 1998. http://spectrum.library.concordia.ca/654/1/MQ39054.pdf.
Full textAbstract:
There is a debate going on in the contemporary philosophical literature concerned with our folk-psychological capacities, that is, how we explain, predict and interpret the behavior of others, and how we ascribe mental states such as beliefs and desires to each other. The purpose of this thesis is to examine the status of the two opponents of this debate, simulation theory and theory-theory, concerning the plausibility of their explanation of self knowledge, our capacity to attribute mental states to ourselves and to each other. A preliminary concern is to determine whether or not simulation theory should be considered a plausible rival to theory-theory, the presently dominant theory of our folk psychological capacities.
44
Geisen, Christina. "The Ramesseum Dramatic Papyrus - A New Edition, Translation, and interpretation." Thesis, 2012. http://hdl.handle.net/1807/65472.
Full textAbstract:
The topic of the dissertation is a study on the Ramesseum Dramatic Papyrus, a document that was discovered together with other papyri and funerary objects in a late Middle Kingdom tomb in Ramses II’s funerary temple on the West bank of Luxor. The thesis will cover an analysis of the complete find, providing information on the provenance of the collection, the circumstances of its discovery, the dating of the papyri, and the identity of the tomb owner. The focus of the dissertation, however, is the Ramesseum Dramatic Papyrus itself, which features the guideline for the performance of a ritual. The preservation and fabrication of the manuscript is described as well as the layout of the text. Based on a copy of the original text done with the help of a tablet PC, an up-dated transliteration and translation of the text is provided, accompanied by a commentary. The text has been studied by several scholars, but a convincing interpretation of the manuscript is lacking. Thus, the dissertation will analyse the previous works on the papyrus, and will compare the text of the manuscript with other attested rituals from ancient Egypt. By highlighting the differences and similarities the text has with these other ceremonies, the exact nature of the rites described in the Ramesseum Dramatic Papyrus can be identified. Finally, a new interpretation of the text is offered, suggesting that the ceremony concerns a statue ritual performed in commemoration of Senwosret I’s accomplishments at Karnak.
45
"Regressive development of woman's status in Pauline Epistles." Chinese University of Hong Kong, 1993. http://library.cuhk.edu.hk/record=b5887760.
Full textAbstract:
by Ho Lai Han.Thesis (M.Div.)--Chinese University of Hong Kong, 1993.
Includes bibliographical references (leaves 82-85).
ABSTRACT --- p.iii
ACKNOWLEDGMENTS --- p.iv
ABBREVIATIONS --- p.v
Chapter
Chapter I. --- INTRODUCTION --- p.1
Chapter II. --- EGALITARIAN PAULINE PASSAGES --- p.6
Chapter A. --- In General (Gal 3:28) --- p.6
Chapter 1. --- Equality through Baptism --- p.8
Chapter 2. --- Casting off Gnostic Influence --- p.8
Chapter a. --- Traces of Alteration --- p.8
Chapter b. --- The Myth of Androgyne --- p.10
Chapter 3. --- Assertion of Sexual Equality --- p.14
Chapter 4. --- Social-ecclesial Implication --- p.17
Chapter B. --- In Social-ecclesial Contexts --- p.21
Chapter 1. --- In Marriage (1 Cor 7:1-7) --- p.21
Chapter a. --- Sexual Abstinence in Marriage --- p.21
Chapter b. --- Mutual and Equal Rights --- p.24
Chapter 2. --- In Worship (1 Cor 11:3-16) --- p.25
Chapter a. --- Insistence on Proper Head Attire --- p.27
Chapter i. --- Jewish Argument --- p.27
Chapter a) --- "Meaning of k∈φαλn (""head"")"
Chapter b) --- "Implication of k∈φαλn (""head"")"
Chapter ii. --- Stoic Arguments --- p.31
Chapter iii. --- Argument of Church Practice --- p.32
Chapter b. --- Meaning of Proper Head Attire --- p.33
Chapter i. --- Proposal of Bound Hair --- p.33
Chapter ii. --- Proposal of Veil --- p.34
Chapter iii. --- Conclusion about Meaning of Proper Head Attire --- p.36
Chapter c. --- Prevalence of Pagan Cults --- p.39
Chapter d. --- Assertion of Sexual Equality --- p.41
Chapter i. --- Repudiating Connotation of Woman's Subordination --- p.41
Chapter ii. --- Correcting Jewish Thought of Woman's Subordination --- p.42
Chapter C. --- Concluding Remarks --- p.44
Chapter III. --- MALE CHAUVINIST DEUTERO-PAULINE PASSAGES --- p.45
Chapter A. --- In General (1 Tim 2:11-15) --- p.45
Chapter B. --- In Social-ecclesial Contexts --- p.48
Chapter 1. --- In Marriage --- p.48
Chapter a. --- Col 3:18 --- p.48
Chapter b. --- Eph 5:22-33 --- p.49
Chapter c. --- Tit 2:4-5 --- p.51
Chapter 2. --- In Worship --- p.52
Chapter a. --- """1 Cor 14:33b-35""" --- p.53
Chapter b. --- 1 Tim 2:8-10 --- p.56
Chapter C. --- Concluding Remarks --- p.56
Chapter IV. --- FACTORS LEADING TO REGRESSIVE DEVELOPMENT OF WOMAN'S STATUS --- p.58
Chapter A. --- Insufficient Consolidation in Pauline Churches --- p.60
Chapter 1. --- Situational Nature of Pauline Passages --- p.60
Chapter 2. --- Prominence of Women Leaders Reflected in Pauline Epistles --- p.61
Chapter B. --- Conformity to Sitz im Leben in Deutero-Pauline Churches --- p.64
Chapter 1. --- Conformity in Form --- p.65
Chapter 2. --- Conformity in Content --- p.66
Chapter C. --- Concluding Remarks --- p.68
Chapter V. --- CONTEXTUAL REFLECTION --- p.70
Chapter A. --- Christian Authority --- p.71
Chapter 1. --- Literal Interpretation of Bible --- p.71
Chapter 2. --- Abuses in the Church --- p.72
Chapter B. --- Sustaining Convictions --- p.75
Chapter C. --- To Christianize or Be Paganized? --- p.76
Chapter VI. --- CONCLUSION --- p.78
BIBLIOGRAPHY --- p.82
46
Liu, Yung-Cheng, and 劉永正. "Interpretation of Stand Status Change of Coasal Windbreak in Nan-ao, Ilan." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/67299399419939429102.
Full textAbstract:
碩士國立宜蘭大學
自然資源學系碩士班
98
Coastal windbreak is an important natural environmental shelter for protecting in the coastal area. In the past, the coastal windbreak was built by Casuarina equisetifolia plantation in Taiwan. But some of Casuarina stand were declined and influenced the function of windbreak. We want to know evolution the Casuarina equisetifolia windbreak status and probe into effect factor that could be a reference to provide coastal protection forest sustainability development strategy. This study site was at south side coastal windbreak of Nan-ao area. We collected many different periods of aerial photography data. After digitizing and correcting the data, we assay the coastal forest scope and the stand attributes. We use a matrix of transfer ratio to assess the change of stand property and confer the integrity and healthy of Casuarina equisetifolia forest by analyzing the stand structure and space distribution of the Casuarina equisetifolia forest in being. The result showed that the composition species windbreak near a claybank was replaced by Leucaena leucocephala, other hardwood forest, grass and shrub on the inside of the wind break near a claybank during 1983 to 2008. The natural renew was limited at Casuarina equisetifolia in the windbreak. At the same time, the typhoon also would effect them. Now, they only remnant in the skirts of windbreak and in banding distribution parallel to coastal line. The stand structure are in dispersing or small group. The larger class of Casuarina trees mostly were damaged by wind. It was implicated that the Casuarina equisetifolia forest are serious ageing, and need to restoration for maintaining the coastal windbreak function. Key words: Coastal windbreak, Casuarina equisetifolia, stand health, aerial photo interpretation, stand dynamics
47
Goldswain, George Kenneth. "The winds of change : an analysis and appraisal of selected constitutional issues affecting the rights of taxpayers." Thesis, 2012. http://hdl.handle.net/10500/9358.
Full textAbstract:
Prior to 1994, South African taxpayers had little protection from fiscal legislation or the
decisions, actions or conduct of the South African Revenue Service (“SARS”) that violated
their common law rights. Parliament reigned supreme and in tax matters, the strict and literal
approach to the interpretation of statutes was employed, with the judiciary often quoting the
mantra that there is “no equity about tax”. The Income Tax Act (Act No 58 of 1962) was
littered with discriminatory and unfair provisions based on age, religion, sex and marital
status. Even unreasonable decisions taken by SARS could not be reviewed by the judiciary as
“unreasonableness” was not a ground for review of the exercise of a discretion by SARS. On
27 April 1994, the constitutional order changed. Parliamentary supremacy was replaced with
constitutional supremacy and the rights to privacy, equality, human dignity, property and just
administrative action were codified in a Bill of Rights. The codification of these fundamental
rights has materially changed the nature and extent of the rights of South African taxpayers.
The objective of this thesis, therefore, is to identify, analyse and discuss South African
taxpayers’ rights from a constitutional perspective.
The following major conclusions can be drawn from the research done:
- the judiciary have been forced to reappraise their approach to the interpretation of statutes
from a “strict and literal” to a “purposive” approach that is in accordance with the values
underpinning the new constitutional order;
- new legislation has amended some of the so-called “reverse” onus of proof provisions that
were constitutionally unsound – this should result in greater fairness and consistency for
affected taxpayers especially in the area of when penalties may be imposed;
- the concept of clean hands and good facts can influence the judiciary when arguing that a
taxpayer’s right to just administrative action has been violated; and
- discriminatory and unfair legislation and conduct on the part of SARS may and should be
attacked on a substantive law basis, especially where human dignity is at stake.
The overall conclusion is that taxpayers’ rights are more far-reaching than prior to 1994 but
still have some way to go before they are fully interpreted and developed.Accounting Science
D.Compt.
48
Li, Hui-Ying, and 李慧盈. "A Comparative Study of Status Offenses between Taiwan and United States:Starting from J.Y. Interpretation NO. 664." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/6txu99.
Full textAbstract:
碩士東吳大學
法律學系
102
According to the J.Y interpretation NO. 664, the courts who made the judgments that sentenced the status offenses into Detention Centers or juvenile Detention Houses were in conflict with the Constitution and shall be null and void. However, these status offenses who lived in juvenile Detention House or were in conducted with reformatory education which ruled by the courts were released after the interpretation was made, who suddenly lost their shelters and became another recidivism. The purpose of this study was to investigate whether the J.Y interpretation NO. 664 was a remedy to the status offenses or a poison to them. In this thesis, a referential data was made by researching the process of social change and the legal systems of the status offense in the U.S.A. First, one reason that the J.Y interpretation NO. 664 overruled the judgments that sentenced the status offenses into Detention Centers or juvenile Detention Houses was the legal certainty of requisite elements of status offense were too vague. However, the definition of a “status offense” was too hard to describe by legal usage, so the judges should have the discretionary power to decide whether a juvenile should sentence to status offense or not. Second, status offenses should be ruled by judicial system or welfare system? Since 1980’s in America, many evidences showed that exclude the status offenses outside the juvenile court did not reduce the crime rate, instead, these status offenses who were treated in worse conditions and conducted another crime again. In Taiwan, the professional ability of the welfare system was not enough, and in the reasons of lacking human resources and compulsory force, the welfare system did not have the capability to rule or judge status offense. Thus, the survey concluded: the judicial system should still have the power to judge and rule the treatments of status offenses, and the welfare system should enforce the treatments under the supervision of judicial system. In conclusion, the legislators should focus on how to use the resources of the nation and the society more efficiently. Furthermore, the legislators should construct a cross-systems facility in the future to accommodate these status offenses, which provide these status offenses a shelter and leading them to the right way. By doing so, we can help these status offenses return to their families or the society as soon as possible, and reach the objective of Juvenile Delinquency Act Article 1:”… the sound growth of juveniles, adjust their environment, and rectify their character.”
49
Ho, Ming-Huang, and 何明晃. "A Study on Juvenile Justice Intervention in Status Offerders：Focusing on the Judicial Yuan Interpretation No.664." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/445388.
Full textAbstract:
博士國立中正大學
犯罪防治研究所
103
The Judicial Yuan Interpretation No.664 (JYI-664) has been having significant impact on the treatment of juvenile status offenders in Taiwan. This study used multiple methods to collect the opinions and experiences, such as 41 practitioners from many professional fields by administering 4 focus groups in order to comprehend the dilemmas and viewpoints when implementing the determination made by JYI-664. The study also interviewed a juvenile status offender who was released after the enactment of JYI-664 and also discussed on her unique life course and experiences of the interviewee. Besides, I also made in-depth interview with 3 members of the Justices who had participated in the enactment of JYI-664.In addition to the qualitative interviews, I obtained the figures from “Survey form on statistics of juvenile investigation (protection) cases” filled by Juvenile Investigation Officers of Taiwan Kaohsiung Juvenile Court in the past 11 years and analyzed the figures statistically. The analysis was to check if there was any significant difference of recidivism rate existed before and after the Interpretation of JYI-664. The interviewed status offender indicated that detention and reformatory education had made big different impacts upon her and the interviewee revealed that the juvenile correctional agency had not followed regulation to confine different types of juvenile inmates separately. The interviewed Justices confessed that they made the JYI-664 primarily based upon their on-site visitation to several juvenile correctional facilities and what they had seen and noted made them to propose the draft of JYI-664. Therefore, they insisted that had not made the JYI-664 interpretation arbitrarily and recklessly. The Justices interviewed emphasized that the focus of their concerns on the constitutional interpretation is for the protection of human rights and they proposed the JYI-664 by reviewing a great deal of documents, information and taking references from practical opinions or comments made by correctional professionals and scholars. According to the focus group interviews, it is clear that juvenile justice practitioners had encountered lots of impacts and challenges after the enactment of JYI-664. Nevertheless, apparently, substantial differences existed between urban and rural areas when coping with the requirement from JYI-664.The quantitative statistics of the data from the pretrial investigation, Survey Form on Statistics of Juvenile Investigation (Protection) Cases, showed that there was no significant difference in the probability of recidivism by juvenile delinquency before and after the interpretation indicated by JYI-664. Based on the above findings, the researcher proposes three recommendations in the dimension of administration, legality and others, as reference for the future formulation of policies or amendment of laws and regulations for the related agencies.
50
Huang, Li-Ting, and 黃麗婷. "Interpretation of the current status of Taiwan agricultural farmland from the government census and survey data." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/05683138752710561428.
Full textAbstract:
碩士國立臺灣大學
農業經濟學研究所
104
Agricultural census has handled 12 times since 1956, is one of the most important basic national situation survey, the main purpose is to collect the distribution of resources and the use of agriculture, forestry, animal husbandry and fisheries, labor force characteristics , production structure and operating conditions, etc., in Taiwan Fujian, as the government and civil understanding of agriculture, forestry, animal husbandry and fishery status and decision-making basis. Over the years, has established a complete time series of agriculture-related data for the current situation of agriculture. By the 2005 agricultural census results show that there are 770,000 farmers and herdsmen, the average household arable land area of 0.72 hectares, the average household income of agricultural and livestock products is 197,000, overall performance should be improved. The DGBAS then for actually engaged in agriculture, and is committed to agricultural operators to carry out a sample survey, offering "the main farm operation survey" in 2008 to observe the operating characteristics of this population, the transformation of business situation, labor characteristics and operating income, hoping to based information and establish long-term observation of trends in the main farmhouse. In 2013 survey showed that the average arable land area is 1.60 hectares, should be able to maintain a certain scale of operation for agricultural income.