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Dissertations / Theses on the topic 'Law Society of Scotland'

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1

McLaughlin, Patrick M. "Responding to drunkenness in Scottish Society : a socio-historical study of responses to alcohol problems." Thesis, University of Stirling, 1989. http://hdl.handle.net/1893/1912.

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This thesis explores the nature of responses to problems associated with drinking and drunkenness. The aim is to consider how perceptions and responses to the issue have changed over time, and, crucially, to analyze the implications of the resulting evidence for policy and practice. There are two interdependent issues which the thesis seeks to expose and debate. First there is the process of emergence, the historical development of alcohol abuse as a social problem. It is possible to see in the historical record the continuities and (just as importantly) the discontinuities of responses to dri
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2

Goodare, Julian Mark. "Parliament and society in Scotland, 1560-1603." Thesis, University of Edinburgh, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.329917.

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3

Johnson, Alfred Isaac. "Civility and Godly Society: Scotland 1550-1672." Thesis, The University of Sydney, 2017. http://hdl.handle.net/2123/18065.

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This thesis aims to answer the following question – What was the significance of civility in a Calvinist ‘godly society’? Historians have identified a growing concern with civil behaviour as one of the defining characteristics of early modern Europe. Works on religion and civility have mainly claimed that Protestant religious leaders endorsed civility uncritically. In Scotland, however, where Calvinism governed church and kingdom, the ideas of godliness and godly society dominated the concerns of parliament and the kirk sessions (church discipline) when they discussed the government of socia
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4

Gledhill, Jonathan. "Political society in South-East Scotland 1094-1434." Thesis, Lancaster University, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.517874.

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5

Taylor, David Vaughan. "A society in transition : Badenoch 1750-1800." Thesis, University of the Highlands and Islands, 2015. https://pure.uhi.ac.uk/portal/en/studentthesis/a-society-in-transition(7a69845d-9d22-4512-b273-9f98076c5090).html.

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This thesis explores how social and economic change within the the distinctive region of Badenoch compares with similar developments in other parts of the Highlands. It demonstrates that the Highlands were not an isolated periphery by placing localised issues not just within the wider dimension of the British state and empire, but also within the ideological framework that shaped and influenced contemporary thought. Society in Badenoch was divided into three clearly demarcated but inter-woven ranks: the aristocratic Dukes of Gordon, the gentry and the peasantry. The peasant economy operated at
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6

Hogarty, Karen. "Legal education in Scotland and Quebec." Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=60646.

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This thesis shall look at legal education in Scotland and Quebec from a comparative standpoint. It shall question whether a nationalistic characterisation of law in these two jurisdictions is an accurate one, and whether nationalism is an appropriate value in the teaching of law. The establishment and character of legal education in Scotland and Quebec will be considered, as will the relationship of the legal professionals to legal education.
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7

Thomson, Stephen. "The constitutional basis of judicial review in Scotland." Thesis, University of Edinburgh, 2014. http://hdl.handle.net/1842/25785.

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The thesis examines the constitutional position of the Court of Session's supervisory jurisdiction. It begins by emphasising the methodological and substantive importance of the historicality and traditionality of law. It then provides a detailed historical account of the emergence of the Court's supervisory jurisdiction, from its inheritance of supervisory functions from emanations of the King's Council to the present-day law of judicial review. Throughout, emphasis is placed on the Court's strong sense of self-orientation in the wider legal and constitutional order, and the extent to which i
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8

Whyte, Ian D. "Pre-industrial society and economy with particular reference to Scotland." Thesis, University of Edinburgh, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.257211.

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9

Cunningham, Graeme James. "Law, rhetoric, and science : historical narratives in Roman law." Thesis, University of Glasgow, 2018. http://theses.gla.ac.uk/41030/.

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Historical narratives have limited scholarly appreciation of the impact of rhetoric on the development of Roman law in the late Republican period. This thesis challenges these narratives and attempts to re-evaluate the role of rhetoric in Roman law.
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10

Boardman, Stephen I. "Politics and the feud in late mediaeval Scotland." Thesis, St Andrews, 1990. http://hdl.handle.net/10023/504.

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11

Miller, Joyce H. M. "Cantrips and carlins : magic, medicine and society in the presbyteries of Haddington and Stirling, 1603-88." Thesis, University of Stirling, 1999. http://hdl.handle.net/1893/2600.

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This thesis is an examination of the belief and practice of popular magic, specifically related to charmers, in the presbyteries of Haddington and Stirling between the years 1603 and 1688. It is the first study of either locality which concentrates on identifying the difference between charmers and witches, and considers the practice of the former in the broader context of seventeenth-century attitudes towards health and disease of both orthodox medical practitioners and the wider population. The thesis examines charmers and their healing practice in reference to theories of power, popular and
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12

Kennedy, James 1968. "Empire, federalism and civil society : liberal nationalists in Scotland and Québec." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=36967.

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This thesis seeks to relate the forms of liberal nationalism, which emerged in Scotland and Quebec between 1899 and 1914, to the character of the institutions which governed. The substantive focus is on two liberal nationalist groupings: the Young Scots' Society and the more loosely grouped Ligue nationaliste canadienne. Their emergence is examined at three levels: imperial, federal and local civil society.<br>The British Empire exerted an overarching influence on both Scotland and Quebec. Yet each enjoyed a very different relationship to the empire. Liberal nationalists responded differently
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13

Bulmer, W. Elliot. "A free Scotland? : an analysis of the SNP's 2002 draft Constitution for Scotland." Thesis, University of Glasgow, 2012. http://theses.gla.ac.uk/3791/.

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In 2002, the Scottish National Party (SNP) published a draft Constitution for Scotland. Aside from its potential practical importance in the event of Scotland becoming independent, this draft Constitution is also of academic interest as an example of a written Constitution that is derived from, but which critiques and seeks to reform, the ‘Westminster’ model of democracy. This thesis subjects the SNP’s draft Constitution, for the first time, to a thorough, independent and scholarly review. It addresses the central question of whether the draft Constitution, if adopted, would be a viable and ac
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14

Montgomery, Stewart. "The implementation of rights in housing law." Thesis, University of Glasgow, 2001. http://theses.gla.ac.uk/1321/.

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This thesis examines a range of issues concerning legal rights implementation in the field of Scottish housing law. This examination comprises three principle themes: firstly, an evaluation of the broad range of factors that can affect the implementation of legal rights. These factors are gleaned from an extensive literature review. Secondly, a critical analysis of key factors that affect the implementation of rights in respect of two Scottish councils, including assessment of the implementation of a select cluster of legal rights. Thirdly, drawing conclusions that identify the key factors per
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15

Kelly, Christine. "Criminalisation of children in Scotland 1840-1910." Thesis, University of Glasgow, 2012. http://theses.gla.ac.uk/3601/.

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This thesis draws on a wide range of primary sources in order to explore the criminalisation of children in nineteenth century Scotland. The analysis is set in the context of far-reaching changes in the administration of criminal justice including the expansion of urban policing, alterations in criminal procedure and legislative developments. Against this background the thesis examines the impact of pragmatic, religiously inspired philanthropy on reform of juvenile justice in Scotland and argues that Scottish reformers in the 1840s and 1850s achieved a remarkable degree of success in setting u
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16

Robbie, Jill Jean. "Private water rights in Scots law." Thesis, University of Edinburgh, 2013. http://hdl.handle.net/1842/7796.

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This thesis examines the rights of landowners in Scotland in relation to water flowing through their land. In the first part of the thesis, it is argued that water is a communal thing which is incapable of ownership (or other real rights) in its natural state. Instead, the only right which anyone can have, and which everyone indeed does have, to water in its natural state is the right to obtain ownership through appropriation. In practice, however, those who own the beds of bodies of water such as rivers and lochs have the best opportunity to use water and exercise the right of appropriation d
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17

Bramwell, Ellen Sage. "Naming in society : a cross-cultural study of five communities in Scotland." Thesis, University of Glasgow, 2012. http://theses.gla.ac.uk/3173/.

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Personal names are a human universal, but systems of naming vary across cultures. While a person’s name identifies them immediately with a particular cultural background, this aspect of identity is rarely researched in a systematic way. This thesis examines naming patterns as a product of the society in which they are used. Personal names have been studied within separate disciplines, but to date there has been little intersection between them. This study marries approaches from anthropology and linguistic research to provide a more comprehensive approach to name-study. Specifically, this is a
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18

Grier, Nicholas. "The limitations of legislation in the field of business law : a study of developments in company law, bankruptcy and diligence." Thesis, Edinburgh Napier University, 2015. http://researchrepository.napier.ac.uk/Output/9164.

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This critical appraisal demonstrates three particular themes that are dominant in certain areas of business law, these themes being:  achieving the balance between the interests of debtors and creditors,  the use of legislation to alter business and social behaviour and  the tension between the intention of the legislation and the actuality. These themes are demonstrated throughout my two submitted publications, Company Law, and the Annotated edition of the Bankruptcy and Diligence etc. (Scotland) Act 2007. These form a corpus of work on Scottish business law and in particular, company law,
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19

McGrail, M. Justin (Michael Justin). "The language of authority : the expression of status in the Scottish medieval castle." Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=20142.

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The visual appearances of twelfth and thirteenth century Scottish castles are interpreted through an iconographic and iconological analysis. in examining the symbolic possibilities evidenced in the castles's visual programs, an architectural language of authority, "castle style," is identified. The connections of this architectural language to twelfth and thirteenth century "new men" is considered through a review of historical and architectural evidence. Socio-political ambition and the representation of social stature are recognizable in "castle style."
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20

Pagan, John R. "Law and society in restoration Virginia." Thesis, University of Oxford, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.320914.

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21

Sweeney, Nicole. "Public attitudes to inheritance in Scotland." Thesis, University of Glasgow, 2018. http://theses.gla.ac.uk/30620/.

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This thesis seeks to provide a deeper understanding of public attitudes to inheritance in contemporary Scottish society, with particular regard to perceptions of parental obligation in an era of increased family diversity. The cornerstone of the thesis is an empirical study conducted in 2014 against the backdrop of the Scottish Law Commission’s (SLC) 2009 succession law reform proposals that would seriously curtail children’s inheritance rights. The thesis begins by contextualising the empirical study. It explains the current law of succession as it relates to provision for adult partners and
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22

Lindsay, Bobby William Milroy. "The exclusion of foreign law in international private law." Thesis, University of Glasgow, 2018. http://theses.gla.ac.uk/30593/.

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It is an axiom of the conflict of laws that one state will not enforce the revenue, penal, or ‘other public’ laws of another. This thesis shall criticise this position, arguing that these exclusionary principles should be replaced with a general principle of enforceability, subject to the control of public policy. It shall begin by sketching the general landscape of the exclusion of foreign law in Anglo-Scots international private law. Thereafter, a detailed account shall be given – for each of the revenue, penal, and ‘other public’ law rules – of the historical development of those exclusions
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23

Taylor, Alice. "Aspects of law, kingship and government in Scotland c1100-1230." Thesis, University of Oxford, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.517029.

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24

Macdonald, Stuart. "Threats to a godly society, the witch-hunt in Fife, Scotland, 1560-1710." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape17/PQDD_0009/NQ33310.pdf.

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25

Burton, Paul F. "An active and united body : change in the Society of Friends in Scotland." Thesis, University of Strathclyde, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.417428.

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26

Voigt, Sonja. "World summit on the information society." Universität Potsdam, 2008. http://opus.kobv.de/ubp/volltexte/2009/3655/.

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27

Hay, M. A. "The criminal law of private defence in England, Scotland and France." Thesis, University of Edinburgh, 1987. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.234104.

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28

Macdonald, Helen Jane. "Children under the care of the Scottish Poor Law, 1880-1929." Thesis, University of Glasgow, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.312614.

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29

MacQueen, H. L. "Pleadable brieves and jurisdiction in heritage in later medieval Scotland." Thesis, University of Edinburgh, 1985. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.370890.

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Despite the scarcity of source material and the difficulty of interpreting such evidence as exists, it is clear that the development of royal justice led to the emergence of a unified common law in medieval Scotland. This was achieved although no structure of central courts like that of England emerged until the fifteenth century. Instead royal justice was administered by courts based in the localities such as those of the sheriff and the burghs, or by courts such as those of the justiciar which went on circuit through the kingdom. Within this structure there operated from the thirteenth centu
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30

MacKay, Kirsteen Margaret. "Voice of the child in private law contact disputes in Scotland." Thesis, University of Edinburgh, 2012. http://hdl.handle.net/1842/6398.

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This thesis that is supported by the research findings is as follows: In private law contact disputes between parents, greater weight should be attached to the statutory requirement to give children an opportunity to express their views, as well as to the statutory requirement to protect them from abuse, rather than assuming on-going contact with a both parents is essential for the promotion of a child’s welfare. Despite the acquisition of rights by women and children since the late 19th century, it is argued, they remain disempowered within private law legal process as the patria potestas (pa
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31

Ford, John Davidson. "The rational discipline of law : a historical study of Stair's 'Institutions of the Law of Scotland'." Thesis, University of Cambridge, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.302941.

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32

Miller, K. "The legal regulation of trade union government in Scotland." Thesis, University of Strathclyde, 1987. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.382413.

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33

Frerichs, Sabine. "Karl Polanyi and the Law of Market Society." Springer Nature, 2019. http://dx.doi.org/10.1007/s11614-019-00328-5.

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Karl Polanyi started his career as a doctor of law and practiced law for a while; but he did not become a legal scholar. As an economic historian, anthropologist, or sociologist, he was concerned with the relation of economy and society. But even though law is an important factor in mediating this relationship, Polanyi gave little attention to the law as such. As part of an endeavour to advance a "Polanyian" economic sociology of law, this article develops the "law of market Society" as an analytical category. For thi s purpose, three argumentative strategies are combined. First, the
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34

Adams, Sharon. "A regional road to revolution : religion, politics and society in south-west Scotland, 1600-50." Thesis, University of Edinburgh, 2002. http://hdl.handle.net/1842/23228.

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This thesis examines the political, ecclesiastical and social structures of south-west Scotland - Ayrshire, Dumfriesshire and Galloway - between 1600 and 1650, covering the latter part of the reign of James VI, the reign of Charles I and the covenanting revolution. This is the period in which the south-west was closely associated with the radical religious and political agenda, which would lead to the revolt against Charles I, a decade of war, and the development of the covenanting administration. Consequently, this study assesses the response to crown policy in the locality and the developmen
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35

Robinson, Anna Christina Mary. "'Children in good order' : a study of constructions of child protection in the work of the Royal Scottish Society for the Prevention of Cruelty to Children, in the West of Scotland, 1960-1989." Thesis, University of Stirling, 2002. http://hdl.handle.net/1893/3506.

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How did the Royal Scottish Society for the Prevention of Cruelty to Children protect children in post war Glasgow? The analysis in this study of the 'construction' of child protection is centred upon three questions relating to the practice of the RSSPCC: What forms did intervention take? Who was the focus of practice? How and why did practice change during the 30 year period, 1960-1990, of this study? The period 1960-1990 witnessed rapid political, economic and social changes which contributed to the recognition by the state of social problems which affected families. The RSSPCC (founded in 1
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36

Brown, Antje C. K. "Subnational regions matter : implementing EU environmental policies in Scotland and Bavaria." Thesis, University of Stirling, 1999. http://hdl.handle.net/1893/3249.

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With over 280 environmental laws designed to regulate economic activities and tackle pollution problems, EU actors have established an impressive environmental policy. While policy-making has been impressive, implementation has often been disappointing with the result that EU environmental policy now suffers from an 'implementation deficit' whereby policy intentions on paper are not carried out properly 'on the ground'. Until recently, many EU actors and analysts have focused on the initial stages of the policy process, in particular the dynamics of bargaining between Member States. Yet, the o
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37

McGallagly, James Joseph. "Understanding serious organised crime : the view of law enforcement personnel in Scotland." Thesis, University of Glasgow, 2009. http://theses.gla.ac.uk/1412/.

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This research explores the law enforcement view of serious organised crime in Scotland set within a framework that explores organised crime in terms of its history, definition, group structure, violence and its capacity for corruption. While the focus of the work is on organised crime groups operating in Scotland, organised crime is a global phenomenon consequently, the research draws upon both national and international sources, exploring the literature, research, legal rules, conventions and protocols. The research is however centered upon law enforcement perceptions of serious organised cri
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38

Naughton, Alastair. "Comparative perspectives on European police co-operation : a case study in Germany and Scotland." Thesis, University of Aberdeen, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.302486.

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In the context of EU interest in justice and home affairs matters, the aims of this research are threefold, namely: • To provide an updated commentary on the Schengen and Europol projects and to provide an update of the debate in the public, political and academic domain on police co-operation at the turn of the millennium. Both these initiatives represent, on the face of it, major steps forward in supranational police co-operation against crime committed increasingly at international level. Closer examination however reveals highly undesirable features, and a drift towards an authoritarian "s
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Higgins, D. J. M. "Judges in government and society under Edward II." Thesis, University of Oxford, 1986. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.371660.

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40

Ayus, Abdul Mohaimin Bin Noordin. "Building contract claims a comparative study (Scotland, England and Malaysia) /." Thesis, Available from the University of Aberdeen Library and Historic Collections Digital Resources, 1992. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?application=DIGITOOL-3&owner=resourcediscovery&custom_att_2=simple_viewer&pid=59638.

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41

Duvefelt, Sabine, and Carolina Sjölander. "Multiple Discrimination : Addressing Complex Discrimination in a Complex Society." Thesis, Örebro University, Department of Behavioural, Social and Legal Sciences, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-1912.

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<p>Abstract</p><p>This thesis show how the European Community, through legislation and case law, is addressing the problem of multiple discrimination and what the possible solutions to it are.</p><p>Multiple discrimination describes a situation where an individual experiences discrimination on more than one ground. This can occur in two different ways; additive or intersectional. Additive discrimination describes a situation where an individual is discriminated against on more than one ground and these grounds are added on top of each other. Intersectional discrimination explains how an indivi
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42

Carney, Don. "The analysis, presentation and sustainability of a past Northeast of Scotland "way of life" through video capture." Thesis, Robert Gordon University, 2003. http://hdl.handle.net/10059/2601.

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The research upon which the outputs submitted as part of this thesis are based examines the socio-cultural environment of the Northeast of Scotland, from Aberdeen to Cabrach and from Portsoy to Laurencekirk. In total, five hundred and twenty hours of research data were collected as part of a project that began in 1987. This thesis investigates and visualises aspects of cultural identity representing the historical lifestyles of the "ordinary people" within rural Aberdeenshire circa 1890s-1950s. A unique feature of this research is the use of video as a tool for data gathering and presentation.
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Dean, Janice Louise. "Directing public companies : company law and the stakeholder society." Thesis, Brunel University, 2000. http://bura.brunel.ac.uk/handle/2438/5289.

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This thesis examines the legal duties of directors of UK public companies in the light of the 'stakeholder' approach to the firm. It considers the theory that directors are not simply agents of shareholders, but have a duty to take into consideration and, where appropriate, to balance the interests of several constituencies. Examples of suggested stakeholders include employees, customers, suppliers and creditors, as well as the local community and the natural environment. If this broad view of public company responsibility is warranted, the role of the law in securing a 'stakeholder' style of
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Summerfield, Tracey. "Families of meaning: Dismantling the boundaries between law and society." Thesis, Summerfield, Tracey (2004) Families of meaning: Dismantling the boundaries between law and society. PhD thesis, Murdoch University, 2004. https://researchrepository.murdoch.edu.au/id/eprint/353/.

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Legal positivism insists upon a distinction between the inside and outside of law. The common law and statutory rules of interpretation assist in maintaining this distinction, establishing the myth that legal decision-making is a purely objective and rational process, giving rise to internal truths. While critical theorists have illustrated the ways in which the lines between the inside and outside are always blurred, there remains a perceived distinction, in law, between the interpretation of concepts that occurs in the law and that which occurs outside the law. Only the former have legal leg
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Summerfield, Tracey. "Families of meaning : dismantling the boundaries between law and society /." Access via Murdoch University Digital Theses Project, 2004. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20050810.115925.

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46

Leverick, Fiona. "A critical analysis of the law of self-defence in Scotland and England." Thesis, University of Aberdeen, 2003. http://digitool.abdn.ac.uk/R?func=search-advanced-go&find_code1=WSN&request1=AAIU172065.

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This thesis is a critical analysis of the law of self-defence in Scotland and England. It is argued that it is far more difficult to justify the use of lethal force in self-defence than is commonly assumed and that, drawing on the work of Uniacke, the most convincing justification is on the basis of a right to life, accompanied by a theory of forfeiture. That is, the victim of an attack is entitled to protect herself from an aggressor who threatens her right to life. The reason why she is permitted to kill the aggressor, but the aggressor is not permitted to kill her, is because an aggressor f
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47

Beland, Christopher D. (Christopher David) 1978. "Digital technology and copyright law." Thesis, Massachusetts Institute of Technology, 2002. http://hdl.handle.net/1721.1/16818.

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Thesis (S.B.)--Massachusetts Institute of Technology, Program in Science, Technology, and Society, 2002.<br>Includes bibliographical references (p. 88-108).<br>This electronic version was submitted by the student author. The certified thesis is available in the Institute Archives and Special Collections.<br>Intellectual Property is an ideology of the late Twentieth Century which reserves property-like rights in information, so that creators may extract its economic value. Current American copyright law draws mainly from this concept; it has been constructed through history by negotiation betw
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48

Assis, João de Sousa. "The law of donation and the market : Scottish, Portuguese and French perspectives." Thesis, University of Glasgow, 2017. http://theses.gla.ac.uk/8218/.

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This thesis argues that donations are relevant in different contexts of life in society. It examines the way that donations have been connected with the family and argues that a comprehensive law of donation must also necessarily pay attention to donations made in different contexts of life, such as the market. Focusing on donations made in a market context, the present thesis will critically review the suitability of existing (national) laws of donation to regulate these donations. Three jurisdictions have been selected for this study: Scotland, Portugal and France. The choice of these three
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49

Macfarlane, Lesley-Anne Barnes. "A critical evaluation of the rights, status and capacity of distinct categories of individuals in underdeveloped and emerging areas of law." Thesis, Edinburgh Napier University, 2014. http://researchrepository.napier.ac.uk/Output/7249.

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The aim of this thesis is to demonstrate how my research promotes knowledge exchange about my overarching research theme: the rights, status and capacity of distinct categories of individuals in underdeveloped and emerging areas of law. These categories include disempowered individuals (namely young people and transsexuals) and persons of reduced or questionable legal capacity (to date, children and disabled people). The thesis is in two parts. Part 1 (Volume I) is a reflective commentary and Part 2 (Volume II) comprises the published work submitted. In the reflective commentary, my published
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50

Boland, Faye. "Diminished responsibility as a defence in Ireland having regard to the law in England, Scotland and Wales." Thesis, University of Leeds, 1996. http://etheses.whiterose.ac.uk/501/.

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This thesis is an inquiry into the necessity of a diminished responsibility defence in Irish law. The inquiry examines the controversy surrounding each attempt to reformulate the insanity defence in the Anglo-American world. The thesis looks at the success of the English defence of diminished responsibility in abating the controversy in that jurisdiction. Following an analysis of the need for diminished responsibility in Irish law, the thesis deals with the appropriate form of an Irish diminished responsibility defence.
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