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Boudou, Guillaume. "L’émergence de la liberté d’association en droit français (1810-1848)." Thesis, Paris 10, 2019. http://www.theses.fr/2019PA100133.
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Cette thèse interroge l’affirmation de l’historiographie dominante selon laquelle la liberté d’association consacrée par la loi du 1er juillet 1901 résulte d’un compromis politique ayant mis fin à une évolution débutée avec la Seconde République et poursuivie au cours de la seconde moitié du XIXe siècle. Elle montre : 1o – que le processus d’émergence de la liberté d’association en droit français s’est déployé au cours de la première moitié du XIXe siècle (1810-1848) ; 2o – que ce processus a emprunté les vecteurs d’émergence formés par les prescriptions législatives (Code pénal napoléonien, ordonnance royale du 5 juillet 1820, loi du 10 avril 1834) et la pratique judiciaire (poursuite, instruction, jugement, recours) ; 3o – que ce processus a été le produit de facteurs négatifs (abstention des pouvoirs publics consécutive aux limites posées par la loi à leur action liberticide, et tempérance de la répression judiciaire) et de facteurs positifs (conceptualisation juridique de l’association autour du contrat, de la permanence et du rejet du lucre). Ce faisant, elle met en évidence les insuffisances du régime de personnalité et de capacité juridiques des associations, fondement de la liberté de l’association, et nécessaire à l’affirmation durable de la liberté d’associationThis thesis questions the affirmation of dominant historiography according to which the freedom of association enshrined in the law of 1st July 1901 is the result of a political compromise that put an end to an evolution which started with the Second Republic and continued during the second half of the 19th century. It proves that: 1o – the process of the emergence of freedom of association under French law took place during the first half of the 19th century (1810-1848); 2o – this process used the vectors of emergence formed by legislative provisions (Napoleonic Criminal Code, Royal Decree of 5 July 1820, Law of 10 April 1834) and judicial practice (prosecution, investigation, judgment, appeal); 3o – this process was the result of negative factors (abstention of the public authorities following the limits set by law to their liberticidal action, and temperance of judicial repression) and positive factors (legal conceptualisation of the association around the contract, permanence and rejection of profit). In so doing, it highlights the shortcomings of the regime of legal personality and capacity of associations, which is the foundation of the freedom of association and necessary for the sustainable affirmation of the freedom of association
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Hemeidah, Ahmad Al-Saiid Zaki. "Repentance as a Legal Concept." Thesis, The University of Arizona, 2011. http://hdl.handle.net/10150/144591.
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This thesis assesses the mitigating impact of repentance upon the fixed punishments for brigandage (hiraba), theft, and the accusation of fornication (qadhf) under Islamic law, focusing on classical sources of Qur'anic exegesis (tafsir), law (fiqh), and legal theory (usul al-fiqh). It examines and compares the opinions of jurists and exegetes who are not affiliated with a school of law as well as jurists who belong to any of the eight legal schools--namely the Hanafis, Malikis, Shafi`is, Hanbalis, Zahiris, Zaydis, Imamis, and Ibadis. This thesis demonstrates that the mitigating impact of repentance upon the fixed punishments for brigandage, theft, and qadhf constitutes a case of casuistry as jurists do not assign legal significance to the concept of repentance in all of these three cases. Furthermore, the legal tradition on the mitigating impact of repentance upon fixed punishments shows a high degree of commonality that transcends school affiliation and theological orientation.
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Taekema, Sanne. "The concept of ideals in legal theory /." The Hague : Kluwer Law International, 2003. http://opac.nebis.ch/cgi-bin/showAbstract.pl?u20=904111971X.
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Wang, Yu Xi. "The concept of mixed legal system : a Chinese perspective." Thesis, University of Macau, 2012. http://umaclib3.umac.mo/record=b2586420.
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Jeutner, Valentin. "The concept of a legal dilemma in international law." Thesis, University of Cambridge, 2016. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.709534.
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Shah, Prakash. "Refugees, race and the legal concept of asylum in Britain." Thesis, SOAS, University of London, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.313284.
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Maniscalco, Lorenzo. "The concept of equity in early-modern European legal scholarship." Thesis, University of Cambridge, 2019. https://www.repository.cam.ac.uk/handle/1810/288545.
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In modern scholarship, the concept of equity is often assimilated with that of Aristotelian epieikeia, a process which serves to correct rules when, though their wording undoubtedly applies to a case, yet the outcome would be unjust, or the legislator would have never wanted the rule to be applied to such a case. My thesis deals with the early-modern origins of the association of equity and epieikeia in legal scholarship, and of its consequences for the doctrinal development of equity in the sixteenth and seventeenth century. I begin by showing that medieval legal writings on equity were almost completely unconcerned with epieikeia, and that the latter was only developed by philosophers and theologians. Legists and canonists developed a concept of equity that was unrelated - indeed mostly incompatible - with judicial discretion or the emendation of written rules. Thus, throughout the Middle Ages, there was almost no interaction between the writings of civil and canon lawyers on equity, and those of theologians on epieikeia. In the second chapter of my thesis, I show that the introduction of epieikeia in legal scholarship was the result of the influence of humanistic philology over the writings of humanist jurists, and argue that it caused the majority of early-modern authors to depart from medieval scholarship on equity, re-modelling instead equity as a doctrine of interpretation of the law beyond its letter in accordance with the intentions of the legislator. The final part of my thesis argues that the development of equity as epieikeia in legal scholarship broke down the barrier that had hitherto divided theological and legal writings on equity. Indeed, from the late sixteenth century onwards, legal and theological writings on equity were connected to such an extent that many later authors treated these two branches of scholarship as belonging to one, equally authoritative body of learning on the same topic.
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Lubis, Nazly Hanum. "Al-Ṭūfī's concept of Maṣlaḥah : a study in Islamic legal theory." Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=23341.
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This thesis studies a method of legal reasoning used in determining legal rulings guided by the principle of maslahah (public interest), promulgated by a liberal thinker of the medieval period, Najm al-Din al-Tufi (d. 710/716 A.H.). His theory of maslahah is not confined only to cases which have no textual basis but is also applied to those problems that come within the purview of the revealed texts. His theory of maslahah is, no doubt, unique and original. He prefers to place maslahah above all legal sources, including the Qur'an and the Hadith which, according to him, cannot lead people to uniform rulings. He believes that only with this theory can human welfare be secured.Due to its unique and controversial nature, al-Tufi's theory of maslahah was not welcomed and even received severe criticism from other jurists. Indeed, this theory went beyond al-Tufis times and was much later seen as suitable for anticipating social change. Therefore, in modern times, in which law reform is needed his theory of maslahah receives serious attention. This thesis also attempts to argue that, even though their concept of maslahah is not as liberal as that of al-Tufi the modern reformists' theory of maslahah is, by and large, inspired and even influenced by al-Tufis maslahah.
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Pinheiro, Walla Alice. "The concept of happiness in Kant's moral, legal and political philosophy." Thesis, University of St Andrews, 2012. http://hdl.handle.net/10023/3547.
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This doctoral thesis analyzes the systematic role of Kant's conception of happiness in his moral, legal and political theory. Although many of his conclusions and arguments are directly or indirectly influenced by his conception of human happiness, Kant's underlying assumptions are rarely overtly discussed or given much detail in his works. Kant also provides different and apparently incompatible definitions of happiness. This research explores the domains of Kant's practical philosophy in which his conception of happiness plays a systematic role: the relation between the natural need of human beings to pursue happiness and the ends-oriented structure of the human will; Kant's anti-eudaimonism in ethical theory; Kant's claim that we have an indirect duty to promote our own happiness and the problem that under certain circumstances, the indeterminacy of happiness makes it not irrational to choose short term satisfaction at the costs of one's overall, long term happiness, given Kant's conception of non-moral choice as expectation of pleasure; Kant's justification of the duty to adopt the happiness of others as our ends (the duty of beneficence) and the latitude and eventual demandingness of this duty; finally, since Kant also subsumes subsistence needs and welfare under the concept of happiness of individuals, I also engage with the question of state provision for the poor in the Kantian Rechtsstaat and explore Kant's conception of equity or fairness (Billigkeit) as an alternative to the traditional minimalist and the welfare interpretations of the Kantian state.
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Cox, Lois Inez White Bonnie J. "Job competencies of legal secretaries and paralegals as perceived by selected members of NALS . . .the Association for Legal Professionals." Auburn, Ala, 2008. http://repo.lib.auburn.edu/EtdRoot/2008/SUMMER/Curriculum_and_Teaching/Dissertation/Cox_Lois_30.pdf.
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Huapaya, Tapia Ramón. "Concept and Legal Regime of Public Service in the Peruvian Public Law." IUS ET VERITAS, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/122803.
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The author proposes a review of the different experiences relating to public services of economic content, both nationally and internationally, and then he analyze its concept and legal framework in national law. to this end, he reviews therecent literature on the subject, the constitutional basis and the relevant case law in order to offer his concept of Guarantor state , linked to the role and concept of public service in the peruvian legal system.El autor propone una revisión de las diferentes experiencias relativas a los servicios públicos de contenido económico, tanto a nivel nacional como internacional, paraluego analizar su concepto y régimen jurídico en el ordenamiento nacional. Para ello, pasa revista a la literatura más reciente sobre la materia, las bases constitucionales y la jurisprudencia más relevante, para así ofrecer su concepto de estado/Administración garante, vinculado al rol y concepto del servicio público en elordenamiento jurídico peruano.
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Schnabel, Konrad. "Implicit Personality Self-Concept." Doctoral thesis, Humboldt-Universität zu Berlin, Mathematisch-Naturwissenschaftliche Fakultät II, 2004. http://dx.doi.org/10.18452/15129.
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In meiner Dissertationsschrift unterschied ich zwischen expliziten und impliziten Repräsentationen der eigenen Persönlichkeit und konzeptualisierte diese als Teile des reflektiven bzw. impulsiven Systems (Strack & Deutsch, in press). Am Beispiel der Persönlichkeitseigenschaften Schüchternheit, Ängstlichkeit und Ärgerlichkeit erfasste ich implizite Repräsentationen des Persönlichkeits-Selbstkonzeptes mit Hilfe von Impliziten Assoziations Tests (IATs, Greenwald, McGhee & Schwartz, 1998) und den neuen Impliziten Assoziations Prozeduren (IAPs) als indirekte Messverfahren. Im Gegensatz zu direkten Fragebogen-Verfahren, die das explizite Persönlichkeits-Selbstkonzept erfassen, stellen indirekte Verfahren chronometrische Messverfahren dar, die das direkte Fragen nach Selbsteinschätzungen vermeiden. Die Ergebnisse zeigten vier wichtige Dissoziationen zwischen direkten und indirekten Verfahren bei der Messung des Persönlichkeits-Selbstkonzeptes. Erstens waren indirekte Verfahren robuster gegen Verfälschungsinstruktionen als direkte Verfahren. Zweitens war die konvergente Validität zwischen indirekten Verfahren geringer als zwischen direkten Verfahren. Drittens leisteten indirekte Verfahren einen inkrementellen Beitrag zur Vorhersage von Verhalten. Viertens waren indirekte Verfahren weniger geeignet für das gleichzeitige Erfassen von zwei unterschiedlichen Eigenschaften als direkte Verfahren.In my dissertation thesis I differentiated between explicit and implicit representations of one’s own personality and considered them as elements of reflective and impulsive information processing, respectively (Strack & Deutsch, in press). Using the traits of shyness, anxiousness, and angriness as examples, I assessed implicit representations of the personality self-concept with the Implicit Association Tests (IATs, Greenwald McGhee, & Schwartz, 1998) and the new Implicit Association Procedures (IAPs) as the tools for indirect measures. In contrast to direct questionnaire measures that assess the explicit personality self-concept, indirect measures are chronometric procedures that avoid asking direct self-judgment questions. The results showed four important dissociations between direct and indirect measures in the assessment of the personality self-concept. First, indirect measures were more robust against faking than direct measures. Second, the convergent validity between indirect measures was lower than that between direct measures. Third, indirect measures added incremental validity to the prediction of behavior. Fourth, indirect measures were less apt for the concurrent assessment of two traits within one sample than direct measures.
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Shaleh, Ahmad Syukri. "Ibn Taymiyya's concept of istiḥsān : an understanding of legal reasoning in Islamic jurisprudence." Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=23241.
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This thesis studies the theory of istihsan, an aspect of Islamic legal reasoning, as a method for ascertaining the legal norm in cases where qiyas dictates an overly strict ruling. The study primarily focuses on the concept presented by Ibn Taymiyya (d. 728/1328), a prominent Muslim theologian, philosopher, sufi and outstanding jurist. Placed in the context of later development, Ibn Taymiyya's theory proposes both a criticism and reformulation of the Hanafi school's perception of istihsan. Having observed previous formulations, Ibn Taymiyya sees this theory as being understood as an arbitrary contradiction to qiyas. Although attempts to redefine the theory, through rigorous definition and well-calculated application were conducted by later Hanafi jurists, criticism from other schoools continued unabated. To this effect, Ibn Taymiyya's contribution emerges as an alternative solution. In order to fully understand istihsan, Ibn Taymiyya contends that one must determine particularization of the cause (takhsid s al-'illa). By doing this, istihsan and qiyas can be easily distinguished. He, thus, perceives istihsan as takhsid s al-'illa. Unlike the Hanafis, Ibn Taymiyya does not juxtapose istihsan against qiyas sahid h. He argues that if there is a contradiction, it must be proved by a decisive descrepancy (farq mu'aththir) provided by the law giver. Furthermore, when qiyas produces an unsatisfactory legal norm, takhsid s al-'illa represents a viable alternative. Above all, Ibn Taymiyya contends that istihsan must be supported by the revealed texts, consensus or necessity.
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Kuzmarov, Betina Fay. "The place of unilateral acts in international law : understanding a (non) legal concept." Thesis, University of Hull, 2009. http://hydra.hull.ac.uk/resources/hull:2383.
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This thesis answers the research question, "are unilateral acts legal?" This introduction defines this question by establishing the context and purpose for this study, by expanding on the research question asked, and by explaining the significance of this work. [This text is taken from the introduction to the thesis]
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Wirkus, Brenda A. "The philosophical concept of legal capacity a reconceptualization of the reason/will relationship." Thesis, University of Ottawa (Canada), 1988. http://hdl.handle.net/10393/5438.
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Smith, David T. "A Formal Concept Analysis Approach to Association Rule Mining: The QuICL Algorithms." NSUWorks, 2009. http://nsuworks.nova.edu/gscis_etd/309.
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Association rule mining (ARM) is the task of identifying meaningful implication rules exhibited in a data set. Most research has focused on extracting frequent item (FI) sets and thus fallen short of the overall ARM objective. The FI miners fail to identify the upper covers that are needed to generate a set of association rules whose size can be exploited by an end user. An alternative to FI mining can be found in formal concept analysis (FCA), a branch of applied mathematics. FCA derives a concept lattice whose concepts identify closed FI sets and connections identify the upper covers. However, most FCA algorithms construct a complete lattice and therefore include item sets that are not frequent. An iceberg lattice, on the other hand, is a concept lattice whose concepts contain only FI sets. Only three algorithms to construct an iceberg lattice were found in literature. Given that an iceberg concept lattice provides an analysis tool to succinctly identify association rules, this study investigated additional algorithms to construct an iceberg concept lattice. This report presents the development and analysis of the Quick Iceberg Concept Lattice (QuICL) algorithms. These algorithms provide incremental construction of an iceberg lattice. QuICL uses recursion instead of iteration to navigate the lattice and establish connections, thereby eliminating costly processing incurred by past algorithms. The QuICL algorithms were evaluated against leading FI miners and FCA construction algorithms using benchmarks cited in literature. Results demonstrate that QuICL provides performance on the order of FI miners yet additionally derive the upper covers. QuICL, when combined with known algorithms to extract a basis of association rules from a lattice, offer a "best known" ARM solution. Beyond this, the QuICL algorithms have proved to be very efficient, providing an order of magnitude gains over other incremental lattice construction algorithms. For example, on the Mushroom data set, QuICL completes in less than 3 seconds. Past algorithms exceed 200 seconds. On T10I4D100k, QuICL completes in less than 120 seconds. Past algorithms approach 10,000 seconds. QuICL is proved to be the "best known" all around incremental lattice construction algorithm. Runtime complexity is shown to be O(l d i) where l is the cardinality of the lattice, d is the average degree of the lattice, and i is a mean function on the frequent item extents.
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Synnestvedt, Jensen Louise. "Terrorism or hacking? A law interpretation on the concept of cyber terrorism. : A legal dogmatic thesis with an empirical legal science methodology." Thesis, Linnéuniversitetet, Institutionen för ekonomistyrning och logistik (ELO), 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-25203.
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Cyber-crime, terrorism and hacking is a topic discussed widely and many independent groups as for example Wikileaks and Anonymous are often taken into consideration when discussing cyber-crime. When researching cybercrime and it is important to first research the legal background as to the purpose of the creation of the internet, and to what extend state control is an issue in the matter of both cybercrime being carried out and the establishment of cyber activist groups. How shall the law be interpreted in the case of internet hacking and under what category do these fit, terrorists, cybercriminals or hackers.
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Browning, Charles Allen. "Academic eligibility in the National Collegiate Athletic Association : the development of a concept /." The Ohio State University, 1986. http://rave.ohiolink.edu/etdc/view?acc_num=osu148726669109537.
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Benniou, A. "The concept of jurisdiction over coastal fisheries in international law in the 20th century." Thesis, University of Manchester, 1986. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.379142.
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Broadway, James Michael. "SNARC and SNAAC: spatial-numeric association of response codes and attentional cuing." Diss., Georgia Institute of Technology, 2012. http://hdl.handle.net/1853/44708.
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Two event-related potential (ERP) experiments were conducted to investigate spatial-numeric associations of response codes (SNARC) and attentional cuing (SNAAC). In the SNARC effect, people respond faster when making a left-hand response to report that a number is small, and when making a right-hand response to report that a number is large. Experiment 1 examined effects of SNARC-compatibility and prior response-probability in a number comparison task. Lateralized readiness potentials (LRPs) showed that SNARC-compatibility influenced an intermediate stage of response-selection, and prior response-probability influenced both earlier and later stages. The P300 ERP component was also modulated by SNARC-compatibility and prior response-probability, suggesting parietal involvement in the SNARC effect. In the SNAAC effect, attention is directed to left-side regions of space upon viewing small-magnitude numbers, and to right-side regions of space upon viewing large-magnitude numbers. Experiment 2 investigated whether ERPs evoked by peripheral visual probes would be enhanced when probes appeared in the left hemifield after small-magnitude digits and when they appeared in the right hemifield after large-magnitude digits. ERPs to peripheral probes were not modulated by numerical magnitude of digit pre-cues.
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Umana, Camilo. "Impunity:In the Search of a Socio-Legal Concept. Elucidations from a State Crime Case Study." Thesis, Université d'Ottawa / University of Ottawa, 2017. http://hdl.handle.net/10393/36916.
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In the contemporary world, the fight against impunity has become a fundamental political claim, a social goal and a main concern for human rights movements. However, it is unclear how we can delimit this fight, what are its aims and, ultimately, the remedies it proposes to overcome impunity. The academic studies and human rights mechanisms referring to this issue are not sufficiently clarifying. They often lack clear theoretical distinctions and stable empirical observations. Moreover, in social discourses impunity is employed with extremely vague connotations. This research addresses this lacuna, offering a conceptualization and characterization of impunity from a socio-legal perspective. With this purpose in mind, this work develops an analysis of impunity through the study of a particular kind of criminality. The study of state crime provides a prolific perspective for the analysis of the phenomenon of impunity, allowing to visualize the constitution of different blockages against the autonomous operation of the criminal justice. Particularly, this research studies an event of enforced disappearance initiated at the siege of the Colombian Palace of Justice in 1985, through a reconstruction focused on the perspective of the victims using a combination of qualitative methods. This field work, alongside different explorations of the sociological, human rights and criminological state of art of impunity, provides a sociological reflection on the concept of impunity. In the end, taking into account the problematization of the concept and its uses in social discourses, this work proposes a conceptualization apt for overcoming the vagueness of the definition of impunity as well as allowing a delimitation of the fight against it, leaving space for possible innovations on the penal rationality and possibly reinforcing a human rights agenda, concerned with the escalation of repression through punishment and committed with the restoration of social links and the victims’ rights.
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Weiss, Tobias C. "The Association Between Child-Rearing Practices and Child Self-Concept and Depressive Symptoms Reproduced." Xavier University / OhioLINK, 2003. http://rave.ohiolink.edu/etdc/view?acc_num=xavier1383573193.
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Nijman, Janne Elisabeth. "The concept of international legal personality : an inquiry into the history and theory of international law /." The Hague : T.M.C. Asser Press, 2004. http://www.gbv.de/dms/spk/sbb/recht/toc/484567152.pdf.
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Veshi, Denard <1988>. "The Concept of Autonomy in End-of-Life Decisions: Ethical and Legal Regulation regarding Advance Directives." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2016. http://amsdottorato.unibo.it/7258/.
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In this thesis the concept of autonomy in end-of-life decisions is analyzed through ethical and legal comparative approaches. The definition of advance directives – living wills and the appointment of a legal proxy – is studied. In addition, Recommendation CM/Rec (2009) 11 and the “Guide on the decision-making process regarding medical treatment in end-of-life situations” is examined.
Currently, end-of-life decisions are part of the exclusive competence of national parliaments. Thus, different parliaments have adopted different policies underpinned by different moral principles. What follows is an absence of a common European legal framework. National laws on advance directives in various Western European countries – such as Romance-speaking countries (Italy, France, Portugal, and Spain), English-speaking countries (Ireland and the United Kingdom of Great Britain and Northern Ireland), and German-speaking countries (Austria, Germany, and Switzerland) – are examined. This thesis seeks to analyse national norms governing advance directives by hypothesising the reasons for the lack of a common attitude towards end-of-life decisions.
Particular attention is paid to the current Italian situation regarding end-of-life decisions since Italy is one of the few Western European countries that does not have a specific law governing end-of-life situations. Herein, the Italian bill no. 2350 “Provisions relating to therapeutic alliance, informed consent, and advance directives for treatments” – approved in different texts in 2009 by the Senate and in 2011 by the Chamber of Deputies – is criticized because its norms are considered controversial. Additionally, the judicial interpretation of amended Articles 404–413 of the Italian Civil Code is examined.
The aim of the thesis is to identify the common European standards in end-of-life decisions. Moreover, similarities and differences between different policies will be pointed out. Furthermore, possible suggestions for modifying the Italian bill 2350 by taking the experience of other Western European countries into consideration will be made.
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Netto, Bernard Rodrigues. "O consumidor para além do seu conceito jurídico : contribuições da filosofia, sociologia e antropologia." reponame:Biblioteca Digital de Teses e Dissertações da UFRGS, 2012. http://hdl.handle.net/10183/55346.
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O conceito de consumidor hoje amplamente adotado pelo direito do consumidor brasileiro é aquele desenvolvido pela Economia. Sua escolha não foi em vão, mas o resultado da mais rápida resposta que o Direito poderia dar à sociedade, que há muito enfrentava os desequilíbrios do mercado capitalista. Todavia, por ser a proteção ao consumidor uma matéria contemplada em dois âmbitos distintos da Constituição de 1988, sugere-se que o conceito econômico não entrega à proteção do consumidor todo o alcance que deveria proporcionar. Isto porque, ainda que tal conceito satisfaça a Ordem Econômica e Financeira, não se ajusta com a norma do art. 5º da Carta, que inspira a proteção da pessoa que consome. Um conceito que abarque esta perspectiva parece depender de uma construção humanista. Assim, após um apanhado histórico-doutrinário que pretende explicar e justificar a adoção do conceito econômico, apresenta-se contribuições da sociologia, filosofia e antropologia – sobretudo pelas obras de ZYGMUNT BAUMAN, GILLES LIPOVETSKY e MARY DOUGLAS – que revelam um amplo universo de significações e preocupações que rondam o consumo de bens e que não são levados em consideração pela teoria econômica. Demonstra-se que o mercado explora a subjetividade do consumidor, razão pela qual o desenvolvimento de um conceito jurídico mais amplo – para além do conceito econômico – será fundamental à evolução do direito do consumidor no Brasil.The concept of consumer nowadays widely adopted by the Brazilian consumer law is that developed by the Economy. The choice was not in vain, it was the result of the prompt response that the law could offer to society, which has long faced the imbalances of the capitalist market. However, being a consumer protection a matter considered in two distinct areas of the 1988 Constitution, it is suggested that the economic concept does not give to consumer protection the entire range that it should provide. This because, even if this concept meets the Economic and Financial Order, does not fit with the norm of article 5 of the Constitution, which inspires the protection of the person who consumes. A concept that embraces this perspective seems to depend on a humanist construction. Thus, after a historical and doctrinal overview that attempts to explain and justify the adoption of the economic concept, contributions from sociology, philosophy and anthropology – especially by the works of ZYGMUNT BAUMAN, GILLES LIPOVETSKY and MARY DOUGLAS – are presented, which shows a broad universe of meanings and concerns that surround the consumption of goods and are not considered by economic theory. It is shown that the market explores the subjectivity of the consumer, which is why the development of a broader legal concept – beyond the economic concept – is crucial to the evolution of consumer law in Brazil.
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Campbell, T. Leanne. "Understanding the association between self-concept, daily hassles, and depressive and anxiety symptoms among adolescents." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/nq26108.pdf.
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Mahamaneerat, Wannapa Kay Shyu Chi-Ren. "Domain-concept mining an efficient on-demand data mining approach /." Diss., Columbia, Mo. : University of Missouri--Columbia, 2008. http://hdl.handle.net/10355/7195.
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Title from PDF of title page (University of Missouri--Columbia, viewed on February 24, 2010). The entire thesis text is included in the research.pdf file; the official abstract appears in the short.pdf file; a non-technical public abstract appears in the public.pdf file. Dissertation advisor: Dr. Chi-Ren Shyu. Vita. Includes bibliographical references.
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Nghia, Pham Trong. "Incorporating the core international labour standards on freedom of association and collective bargaining into Vietnam's legal system." Thesis, Brunel University, 2010. http://bura.brunel.ac.uk/handle/2438/4600.
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This Dissertation evaluates the potential opportunities, challenges and outcomes attendant on Vietnam’s modernisation effort through the incorporation of International Labour Organisation (ILO) Core International Labour Standards (CILS) on freedom of association and collective bargaining into Vietnam law. The Dissertation shows that although Vietnam is likely to benefit from incorporating the CILS on freedom of association and collective bargaining into its legal system, its constitutional value system is not currently consistent with those of particular ILO CILS. It offers recommendations on pre- substantive and procedural measures necessary to ensure the successful reception of ILO CILS on freedom of association and collective bargaining into Vietnam legal practice.
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Shabana, Ayman. "Customary implications in Islamic law the development of the concept of ʻurf in the Islamic legal tradition /." Diss., Restricted to subscribing institutions, 2009. http://proquest.umi.com/pqdweb?did=1905705581&sid=4&Fmt=2&clientId=1564&RQT=309&VName=PQD.
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Elgariani, Fawzy Shaban. "Al-qawa'id al-fiqhiyyah (Islamic legal maxims) : concept, functions, history, classifications and application to contemporary medical issues." Thesis, University of Exeter, 2012. http://hdl.handle.net/10036/4001.
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This thesis analyses al-qawa'id al-fiqhiyyah (Islamic legal maxims), one of the significant disciplines of Islamic legal thought. It aims to introduce the subject theoretically and practically. For the former, it introduces the principal abstract areas relating to the discipline: namely, definition, functions, types, sources, relationship with other disciplines of Islamic legal thought. It also traces the historical development of the discipline from the earliest stages to recent times. These areas are covered in the first two chapters, which comprise almost half of the whole thesis. For the practical element of the thesis, the discussion aims to present the various practical applications of al-qawa'id al-fiqhiyyah through two means. First, examining the so-called al-qawa'id al-khams al-kubra (the five universal maxims) and al-qawa'id al-kulliyyah (the general maxims), which have been seen as representative of the entire field, due to their large scope of application over the fiqh particulars. The discussion mostly contains the examples that jurists have adduced in the course of history. In some cases, however, examples of contemporary issues have also been added. The main focus is to show the significance of qawa'id in categorizing the scattered and, sometimes, unmanageable fiqh cases into general principles. This is presented in two chapters: the third and fourth. Second, examining the use of al-qawa'id al-fiqhiyyah in deducing legal determination for contemporary issues. Six medical issues have been selected to be study cases in this regard. The aim is to show the importance of qawa'id in the area of ijtihad and finding out the legal status for the novel issues. This has been presented in the last chapter.
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Lyall-Wilson, Jennifer Rae. "Automatic Concept-Based Query Expansion Using Term Relational Pathways Built from a Collection-Specific Association Thesaurus." Diss., The University of Arizona, 2013. http://hdl.handle.net/10150/306773.
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The dissertation research explores an approach to automatic concept-based query expansion to improve search engine performance. It uses a network-based approach for identifying the concept represented by the user's query and is founded on the idea that a collection-specific association thesaurus can be used to create a reasonable representation of all the concepts within the document collection as well as the relationships these concepts have to one another. Because the representation is generated using data from the association thesaurus, a mapping will exist between the representation of the concepts and the terms used to describe these concepts. The research applies to search engines designed for use in an individual website with content focused on a specific conceptual domain. Therefore, both the document collection and the subject content must be well-bounded, which affords the ability to make use of techniques not currently feasible for general purpose search engine used on the entire web.
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Singh, Karandeep. "A Concept-Wide Association Study of Clinical Notes in Search of New Predictors of Kidney Failure." Thesis, Harvard University, 2015. http://nrs.harvard.edu/urn-3:HUL.InstRepos:22837786.
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Importance: Identifying modifiable risk factors for kidney disease progression is critical towards the development of strategies to prevent the onset of kidney failure. Existing epidemiologic approaches are unable to translate unstructured clinical information into knowledge about potential risks.
Objective: The objective of this study is to use clinical notes to identify novel risk factors for kidney failure.
Design: We conducted a retrospective study consisting of evaluating the end stage renal disease (ESRD) using individual concepts extracted from clinical notes in the year prior to the first outpatient general nephrology visit. We treated death as a competing risk in this analysis and used proportional subdistribution hazards regression. We determined statistical significance in univariate and multivariate models using a 5% threshold for false discovery rate (q-value < 0.05). The multivariate models included the Tangri score, an established predictive score for ESRD.
Setting: A tertiary care center.
Participants: Patients were included if they were seen by an adult outpatient nephrologist at a Brigham and Women’s Hospital-affiliated clinic between January 1, 2004 and June 18, 2014. Patients were excluded if they had visits only with renal transplant (and not general nephrology), known ESRD prior to the first nephrology visit, the absence of any clinical notes prior to the first nephrologist visit, no follow-up at BWH after the nephrology visit, or no creatinine values following the nephrology visit. After considering 9,817 patients seen in nephrology clinic, we identified 4,682 patients who met the inclusion/exclusion criteria.
Intervention(s) for clinical trials or Exposure(s) for observational studies: Not applicable.
Main Outcome(s) and Measure(s): Time-to-ESRD from the date of first outpatient general nephrology visit, with death treated as a competing risk.
Results: We identified 107 concepts contained within clinical notes prior to the first nephrology visit with hazard ratios greater than 1 (q < 0.05). After adjusting for the Tangri linear predictor, 31 concepts were found to have hazard ratios greater than 1 (q < 0.05), 22 of which were deemed plausible.
Conclusions and Relevance: This is the first study to demonstrate the feasibility of using concepts derived from clinical notes to identify new risk factors for disease. Given the variability in clinical notes and multiple hypothesis testing, validation at a separate center is needed.
Trial Registration: Not applicable.
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Da, Silva Jacqueline Caseiro Gomes. "The association between self-concept awareness and emotion-focused coping of children with attention deficit-hyperactivity disorder." Pretoria : [s.n.], 2008. http://upetd.up.ac.za/thesis/available/etd-07012009-153114.
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Gomes, Da Silva Jacqueline Caseiro. "The association between self-concept awareness and emotion-focused coping of children with attention deficit-hyperactivity disorder." Diss., University of Pretoria, 2009. http://hdl.handle.net/2263/25976.
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The purpose of this exploratory and descriptive study was to determine the association (if any) between the self-concept awareness and emotion- focused coping of children with ADHD. Theories informing this study were Barkley’s conceptualisation of ADHD, Bandura’s social cognitive theory as a means of understanding self-concept awareness and Gonzales and Seller’s theory of emotion- focused coping. The study was conducted by means of an intervention research design. I purposively selected two children with ADHD and their respective parents, educators and therapists to participate in the study. Ebersöhn’s intrapersonal regulation intervention was implemented with the child participants at different intervals. Both child participant’s self-concept awareness and emotion- focused coping strategies were assessed pre- and post intervention, through the use of formal interviews and observations. The data was analysed and interpreted through thematic analysis. The following themes emerged; self-concept awareness, adaptive emotion-focused- coping strategies and maladaptive emotion- focused coping strategies. Findings of the study confirmed that prior to the intervention, the two child participants were predisposed towards emotion- focused coping, especially maladaptive emotion- focused coping strategies. Post- intervention findings suggested that increased self-concept awareness resulted in the use of two adaptive emotion- focused coping strategies (namely relaxation methods and re-appraisal) with maladaptive emotion- focused coping (namely direct- active physical aggression and direct-passive aggression) remaining. Thus, an association exists between self-concept awareness and emotion- focused coping in children with ADHD.Dissertation (MEd)--University of Pretoria, 2009.
Educational Psychology
unrestricted
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Downey, Laura J. "Emerging legal concepts at the nexus of law, technology and society : a case study in identity." Thesis, University of Edinburgh, 2017. http://hdl.handle.net/1842/25946.
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The aim of this thesis is to investigate and further the understanding of the interaction between law, technology and society. My original contribution to this understanding lies in an account and analysis of the process of emergence (or potential emergence) of new legal concepts and of how new and developing technologies and social responses influence that process. Specifically, the work focuses on identity, which I argue is a currently emerging legal concept, and the ways in which identity, variously understood, is impacted by new technologies and changes in the social landscape, what those impacts on identity might be, and the relationship of those changes to the representation (or otherwise) of identity in law. In the literature looking at law and technology and the legal responses to the issues of regulating technology, I critique the conceptualisation of law as “lagging behind” novel advances in technology. By drawing upon work in philosophy of technology, sociology and science and technology studies it is argued that emerging technologies have a modulating effect upon social values and moralities and that equally the modulation of society by technology and the complex dynamics of social change or resistance may also have an impact upon the law itself. In turn developments in law may be part of the ongoing process of the identification, conceptualisation, recognition and contestation over specific social issues and the way in which they should be addressed. Such dynamics and conflicts can lead to the shifting of accountability regimes and the recognition of new values, harms and interests and their own conceptualisation and justification. Studying the emergence of new legal concepts provides a link in to understanding this mutual coproducing relationship between law/regulation, technology and society. My approach to this study seeks to better understand the factors that precipitate formal recognition in law of specific concepts, an aspect of legal development that is not well considered by the existing literature in law and that in Science and Technology Studies (STS). In so doing it contributes a novel conceptualisation of an “emerging legal concept” and a conceptual analysis of identity as an emerging legal concept specifically as currently modulated by novel biotechnologies.
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Geldenhuys, Adriani. "The legal status of the concept of common heritage in the exploitation of resources on the moon and other celestial bodies is now the time for a legal regime?" Diss., University of Pretoria, 2015. http://hdl.handle.net/2263/53130.
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Shimotori, Misuzu. "Conceptual Contrasts : A Comparative Semantic Study of Dimensional Adjectives in Japanese and Swedish." Doctoral thesis, Umeå universitet, Institutionen för språkstudier, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-70217.
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The present study explores the concepts behind Japanese and Swedish dimensional adjectives. The focus is on examining which similarities and differences in the conceptualisation across the two languages exist, if any at all. In order to see how concepts underlying dimensional adjectives are represented in the speaker's minds, data was collected mainly from two word-association tests. The results show that dimensional adjectives are conceptualised and represented differently by speakers of these two languages. The most remarkable difference resulting from the word-association tests is that Japanese participants associate dimensional adjectives mostly with nouns that denote entities the prominent extension of which is aptly described by the stimulus dimensional adjective (e.g. 'long' is associated with 'river'). In Swedish, however, participants associate dimensional adjectives with both adjectives and nouns, and the association patterns and their underlying conceptualisations are thus more diverse (e.g. 'high' is associated with 'building', and 'long' is associated with 'narrow').
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Artemiev, Roman. "Qui Tam legal concept and practice : evolution of the legislation in the United Kingdom and the United States of America." Thesis, University of Westminster, 2017. https://westminsterresearch.westminster.ac.uk/item/9zyvw/qui-tam-legal-concept-and-practice-evolution-of-the-legislation-in-the-united-kingdom-and-the-united-states-of-america.
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Qui tam is the process whereby an individual sues or prosecutes in the name of the government and shares in the proceeds of any successful litigation or settlement. The Latin name points to the long history of the legislation, which was created in the ancient times. The qui tam authorises private citizens with non-public information relating to the fraud to bring suit on behalf of the government even without prosecutorial endorsement. Qui tam is generally a civil procedure, and the individual need not have been a victim of the misconduct. The aim of this research is to contribute to the original knowledge by providing an analysis of the qui tam legal concept in its historical evolution in a space of time through two millennia, with main focus on two primary common law jurisdictions – the United Kingdom and USA. The hypothesis underlying the research is that under certain conditions pursuing goal to better and more efficiently exercise some of its functions the state following qualitative changes in a socio-economic environment may delegate part of its authority to the citizens, and provide them with selectively adopted set of pecuniary and non-pecuniary incentives to accept this authority. The hypothesis is tried with analysis from the following perspectives: macro level - state regulatory practice, and socio-economic development; corporate level -- cost of compliance, and corporate response; basic level -- personal motives, and risks for actual and potential whistleblowers. The conceptual framework applied is based on the economic analysis of law, which focuses on the economic efficiency of legal rules. The starting point of the research is the assumptions that legal rules ought to be efficient, and that individuals respond to legal rules economically. However the analysis goes beyond the fundamentalist strong-form rationality assumption, which implies that economic agents always make choices that maximise their own welfare. For the purposes of this research, the people are viewed as weakly rational – rational, but subject to some consistent deviations. Methodologically the research borrows from the behavioural economic theory its attention to such factors as frame dependence and inefficient markets. The analysis shows that qui tam regulations have decentralised the problem of enforcement, which apart from tackling the inevitable bureaucratic inaptitude, significantly reduces its costs. With respect to more traditional forms of monitoring and regulatory control such a system has proven to offer solid advantages. First of all, it does not require setting up a costly structure. The financial sophistication, and organisational complexity, combined with technical ingenuity and elaboration of the contemporary big business present a cognitive challenge for the investigative and prosecutorial agencies. To investigate white-collar crime they have to spend increasingly huge resources, both financial and intellectual. The relative scarcity of these resources in the post-crisis developed economies has paved way for the qui tam legislation to give governments chance to catch up. From the narrow regulatory point of view, the bounty system imposes a downward shift in costs of compliance – from the regulator to a corporate level, – because it does not require significant increase in regulators’ staff and budgets. The macroeconomic approach, which focuses on the costs and benefits on a much wider scale, brings in a more complicated picture, when potential short-term increase in costs on a corporate level are offset on a longer-term time scale by rising economic efficiency as a result of reduced losses through corporate fraud and government imposed fines, increased public trust, and improved corporate governance. From the point of view of the lawmakers, by creating competition for enforcement, qui tam laws reduce the chances that the potential enforcer is bought off, thus providing some additional efficiency through the dual enforcement model. This leads the research to conclude on the motives and logic that stand behind the state, which in such way delegates part of its authority: the qui tam have always been popular with ruling classes for the same reason in the past as well as at present times – under public pressure to prosecute more effectively misdeeds and fraud the society decries as inacceptable, legislative bodies enhance qui tam, when they consider the enforcement of some law beyond the unaided capacity, or interest of law enforcement officials.
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McKenna, Alan Vincent. "The concept of participation in the information society : a realisable human right, a possible legal claim, or mere empty rhetoric?" Thesis, University of Kent, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.420832.
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OLIVEIRA, Ítalo José da Silva. "Contra o conceito do direito: ontologia e epistemologia no problema da definição do direito." Universidade Federal de Pernambuco, 2016. https://repositorio.ufpe.br/handle/123456789/19190.
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CAPES
O problema da definição do conceito do direito ou ao menos da caracterização do fenômeno jurídico apresenta variações quanto às implicações de sua solução e às preocupações em torno dele. As variedades do problema que interessam a este trabalho estão ligadas à ontologia e à epistemologia na filosofia do direito: ‘O que é o direito?’ enquanto (1) uma pergunta sobre a definição da essência do direito e (2) sobre a definição de um objeto de investigação específico para ciências sobre o suposto fenômeno jurídico – a filosofia do direito, a teoria do direito, a e a ciência do direito, por exemplo. Desafiando suas premissas e buscando evitar tanto o problema ontológico quanto o epistemológico, proponho uma mudança de perspectiva a partir de preocupações pragmáticas que chamo de “ponto de vista do gestor”: a visão de quem deve administrar os recursos econômicos finitos destinados a financiar a atividade científica na área de direito. Defendo que, partindo daí, o problema da definição do conceito do direito enquanto um problema ontológico e enquanto um problema epistemológico é desnecessário, cuja solução é inútil para fazer avançar as pesquisas na área de direito. Proponho uma reorientação da controvérsia que tem implicações sobre como ver a pesquisa e a educação nesse campo.
The problem of definition of the concept of law or at least the description of features of legal phenomenon presents variation about the implications of its solution and about the worries around it. The forms of this problem I am interested in are related to ontology and epistemology in legal philosophy: ‘What is the law?’ as (1) a question about the definition of the essence of law and (2) about the definition of a specific object of investigation for sciences about the supposed legal phenomenon – philosophy of law, legal theory, and science of law, for instance. Challenging its premises and trying to avoid both the ontological problem and epistemological problem, I propose a change of perspective from pragmatic concerns what I call the “manager's point of view”: a vision of who should manage the finite economic resources to finance scientific activity in the area of law. I argue that, starting from there, the problem of defining the concept of law as an ontological problem and as a epistemological problem is an unnecessary problem whose solution is useless to advance research in the field of law. I propose a reorientation of the controversy that has implications on how to see the researches and the education in this field.
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Omar, Muhammad Naim. "The concept of impediments to legal capacity (awarid alahliyyah) in Islamic Law of contract and the Egyptian Civic Code of 1948." Thesis, University of Wales Trinity Saint David, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.503585.
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Hargrave, Lauren D. "An Examination of the Association Between Student-Teacher Interactions and Academic Self-Concept Among African American Male High School Students." UKnowledge, 2015. http://uknowledge.uky.edu/edp_etds/35.
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Students generally spend more than ten years interacting with teachers in a classroom and thus, such interactions can have a positive or negative impact on students’ academic self-concept and educational goals (Rosenthal, Folse, Allerman, Boudreaux, Soper, & Von Bergen, 2000). The purpose of this study is to determine whether there is a significant relationship between student-teacher interactions and academic self-concept. Participants in the study include African American male high school students in an urban school district. The independent variable is the student-teacher interactions, as measured by the Student-Professor Interaction Scale (Cokley et al., 2004). The dependent variable is the students’ academic-self-concept, which is measured by the Academic Self-Concept Scale (Reynolds, Ramirez, Magrina, & Allen, 1980). The data was analyzed by using Pearson’s correlation and hierarchical multiple regression to determine if there was a statistically significant relationship between the two variables. Findings, study limitations, and future research directions are also discussed.
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Wainwright, Katie. "Befriending the elderly : using the free association narrative interview technique and psychoanalytic concept of countertransference to explore the befriending experience." Thesis, University of Essex, 2018. http://repository.essex.ac.uk/22438/.
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Research has shown that loneliness and social isolation have a significant negative impact on the physical and psychological health of older adults living in the UK, impacting not only on their quality of life, but on society as a whole through increased use of health services. There is a movement, however, that is committed to alleviating loneliness in older adults through befriending: where an unrelated volunteer gives their time to provide companionship on a regular basis to an individual in their own home. Drawing on the author’s personal experience as a befriender, there is an emotive and affective dimension to caring, that is often contradictory and conflictual, and that is missing from the current, predominantly descriptive qualitative literature in this area. Applying psychoanalytic concepts to sociological and psychological research, specifically the free association narrative interview technique (Hollway and Jefferson, 2000) and using transference and countertransference to support analysis and interpretation, produces data that contradicts previous views of the volunteer as rational, intentional, and coherent in their understanding and explanation of their own behaviour. This study has shown that the befriending experience is highly affective and often conflictual, producing similar anxiety that the both the befriender and the organisation through which they volunteer strive to alleviate. There are conflicting tensions between caring and sacrifice and in between being a friend but in fact restricted in the ‘behaviours’ that constitute this friendship. A richer understanding of the experience of befriending, from the point of view of the befriender, can help support organisations in the recruitment and retention of volunteer befrienders, as well as helping to develop further befriending services for older people based on this new knowledge.
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Chávez, Gutierrez Wendy Elizabeth. "The absence of criteria in the peruvian legal system regarding the concept of «authenticity» applied to copyright law protection on photographic images." Pontificia Universidad Católica del Perú, 2014. http://repositorio.pucp.edu.pe/index/handle/123456789/116748.
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In our legal system, Copyright Law confers protection to authentic photographies and due to this feature, they are considered photographic works. Nevertheless, authorities have not given enough information of what a photography requires to be considered authentic. On account of this, the shortcomings of our related rules are evaluated to determine which foreign legislation gives a better referent, and to analyze the different views given to the authenticity concept by doctrine and case law. All of this with the purpose of determining specific criteria to qualify a photography as authentic and protected by Copyright Law, and proposing changes in our current legislationon the matter.En nuestro ordenamiento jurídico, el derecho de autor brinda protección a las fotografías cuando son originales y, por tener tal característica, son consideradas obras fotográficas. Sin embargo, las autoridades no han brindado alcances suficientes de lo que una fotografía requiere para ser considerada original. Ante ello, el presente artículo evalúa las carencias de nuestras normas a este respecto. Se busca determinar qué legislación extranjera brinda un mejor referente, así como analizar las distintas posturas que la doctrina y la jurisprudencia brindan respecto al concepto de originalidad, con el fin de determinar criterios concretos respecto a la calificación de si una fotografía es o no original y, por lo tanto, protegible por el derecho de autor e incluso proponer un cambio en nuestra actual legislación sobre la materia.
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Callender, Smith Robin. "Celebrity privacy and the development of the judicial concept of proportionality : how English law has balanced the rights to protection and interference." Thesis, Queen Mary, University of London, 2014. http://qmro.qmul.ac.uk/xmlui/handle/123456789/7934.
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This thesis examines how English law has, and has not, balanced celebrities’ legal expectations of informational and seclusional privacy against the press and media’s rights to inform and publish. Much of the litigation that developed the English laws of privacy has been celebrity-generated by those with the financial resources to seek out and utilize privacy regimes and remedies in ways not immediately available to ordinary members of the public. The media, generally, has had the resources to present the relevant counter-arguments. Privacy protection was initially afforded to celebrities by breach of confidence and copyright. While public interest and “fair dealing” defences developed within English law, there was no underlying or consistent practical element in legislative or judicial thinking to promote a balance between the competing interests of protection and interference. That practical element, the concept of proportionality, developed in the Convention case-law of the ECtHR in Strasbourg during the 1950s. It was not until the Human Rights Act 1998 (HRA) that English legislators and the UK judicial system began to reflect and apply its consequences. Arriving at proportionate results and decisions – particularly in the realms of privacy - requires both the engagement of the rights that are sought to be maintained as well as a careful balancing exercise of these rights both internally and vis-à-vis each other. Because celebrities, with their Article 8 concerns, and the media, with Article 10 arguments, seek for their causes to prevail, the ways in which legislation and litigation now resolves matters is by the “ultimate balancing test” of proportionality. Proportionality is the measure within this thesis that is constant from chapter to chapter, highlighting, respectively, where the application of proportionality and balance might have produced different results as regimes developed historically and where new developments were needed to accommodate its requirements when it was apparently absent.
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Ozsoy, Elif Ceylan. "An altenative to legal transplants : cultural translation as a less imperialistic law-making method : the case of Turkey and the LGB rights concept." Thesis, University of Exeter, 2018. http://hdl.handle.net/10871/32637.
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Through Judith Butler’s concept of ‘cultural translation’, this dissertation seeks to provide a less imperialistic law-making mechanism as it relates to the lesbian, gay and bisexual rights concept (hereinafter ‘the LGB rights concept’) in Turkey, which currently relies heavily on legal transplantation. In search of a new law-making method, this thesis first deconstructs ‘legal transplantation’ as that which creates various asymmetrical relations that amount to consolidating Western imperialism. Critical legal scholars have shown great interest in revealing the imperialistic consequences of the law-maker West and the law-taker non-West. This thesis aims to add another dimension to these discussions by placing ‘imitation’, as advanced by Judith Butler, at the heart of its analyses. It scrutinises legal transplantation through the various imitations/repetitions it embodies and explores the role of imitation in law-making as law-taking. It does so by evaluating legal change by means of legal transplantation through the example of the Turkish experience with the LGB rights concept, and uses Judith Butler’s understanding of imitation/repetition, as advanced in her gender performativity concept, to achieve this evaluation This thesis attempts to expand our understanding of law-making as law-taking by unveiling their performative force, which humanises the subject in a way that is similar to the processes of gendering it. In doing so, this thesis aims to transfer the analyses that postulate the gendered body as performative to the rubric of human rights law, and argues that humanisation of the body through granting rights is performative as well. Though the occasion arises for subversion from these various imitations, it introduces a new law-making method, cultural translation, transforming the realm of limited possibilities for human rights into the realm of the possible.
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Núñez, Izquierdo Manuel Ernesto. "The association between quality of corporate governance and firm performance: Evidence from Spain, Europe and a global setting." Doctoral thesis, Universitat Ramon Llull, 2018. http://hdl.handle.net/10803/663801.
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La qüestió de com el govern corporatiu es relaciona amb el desenvolupament de l’empresa ha captat una considerable atenció dels acadèmics, els reguladors i els inversors. L'objectiu principal que es persegueix en aquesta tesi doctoral és examinar la relació entre la qualitat del govern corporatiu i el rendiment de l'empresa. Hem mesurat aquesta qualitat de govern mitjançant dos dels principals indicadors: els índexs comercials àmpliament utilitzats com a representants del govern corporatiu i el grau de compliment de les recomanacions del codi d'un país. Els models proposats han estat provats empíricament per a l'entorn espanyol, europeu i global per confirmar si es materialitza la suposada associació positiva.
Els capítols 2, 3 i 4 constitueixen el cos principal d'aquesta investigació. En el capítol 2, investiguem la relació entre govern corporatiu i desenvolupament de l’empresa utilitzant un índex comercial de govern corporatiu líder per a una mostra representativa del paisatge europeu. En el capítol 3, examinem empíricament si els nivells més alts de compliment de les recomanacions incloses en el Codi Unificat de Bon Govern (UGGC) tenen un impacte en el rendiment de l'empresa mitjançant un conjunt únic de dades de panell d'empreses cotitzades. El capítol 4 reflecteix l'estudi empíric realitzat per determinar la possible associació entre la qualitat del govern corporatiu mesurada a través de l’índex comercial líder i el rendiment de la companyia a escala global.
En general, els nostres resultats no validen una relació significativa i consistent entre l’índex comercial i el desenvolupament de l’empesa per a la nostra mostra de grans empreses europees i mundials. En segon lloc, els resultats obtinguts en el capítol 3 apunten a un impacte feble en el desenvolupament de les empreses de la qualitat del govern corporatiu quan aquesta es mesura mitjançant el compliment de les recomanacions del codi local. Aquests resultats es refereixen tant a l’indicador general de govern corporatiu com als indicadors parcials de les principals categories de governança o àrees de recomanacions.La pregunta de cómo el gobierno corporativo se relaciona con el desempeño de la empresa ha captado una considerable atención por parte de académicos, autoridades e inversores. El principal objetivo de esta tesis doctoral es examinar la asociación entre la calidad del gobierno corporativo y el desempeño de la empresa. Hemos medido esta calidad de gobernanza a través de dos de los principales indicadores: índices comerciales ampliamente utilizados como indicador para el gobierno corporativo y grado de cumplimiento de las recomendaciones del código de un país. Los modelos propuestos han sido probados empíricamente para el entorno español, europeo y mundial, para confirmar si la supuesta asociación positiva se materializa. Los capítulos 2, 3 y 4 constituyen el cuerpo principal de esta investigación. En el Capítulo 2, investigamos la relación entre gobierno corporativo y desempeño de la empresa utilizando un índice comercial líder para una muestra representativa del panorama europeo. En el Capítulo 3, examinamos empíricamente si los niveles más altos de cumplimiento de las recomendaciones incluidas en el Código Unificado de Buen Gobierno de España (UGGC) tienen un impacto en el desempeño de la empresa, utilizando un conjunto único de datos de panel de las compañías analizadas. El Capítulo 4 refleja el estudio empírico llevado a cabo para determinar la probable asociación entre la calidad del gobierno corporativo medido a través del índice comercial líder y el desempeño de la empresa a escala global. En general, nuestros resultados no validan una relación significativa y consistente entre el índice comercial de gobierno corporativo y el desempeño de la empresa para nuestra muestra de grandes empresas europeas y globales. En segundo lugar, los resultados obtenidos en el Capítulo 3 apuntan a un impacto débil en el desempeño de las empresas cuando la calidad del gobierno corporativo se mide a través del cumplimiento de las recomendaciones del código local. Estos resultados son válidos tanto para el indicador general de gobierno corporativo, como para los indicadores parciales que representan las principales categorías de gobierno o áreas de recomendaciones.
The question of how corporate governance relates to firm performance has captured considerable attention from scholars, regulators, and market participants alike. The main objective pursued in this doctoral thesis is to examine the association between the quality of corporate governance and firm performance. We have measured this governance quality through two of the main channels: commercial indexes widely used as a proxy for corporate governance, and the degree of compliance with the recommendations of a country's code. The proposed models have been tested empirically for the Spanish, European and global setting to confirm if the assumed positive association does materialize. Chapters 2, 3 and 4 constitute the main body of this investigation. In Chapter 2, we investigate the governance-performance relationship using a leading CGR for a representative sample of the European landscape. In Chapter 3, we empirically examine whether higher levels of compliance with the recommendations included in the Spanish Unified Good Governance Code (UGGC) have an impact on firm performance using a unique panel data set of listed companies. Chapter 4 reflects the empirical study carried out to determine the probable association between the quality of corporate governance measured through the leading CGR and firm performance at a global scale. Overall, our results fail to support a consistent significant relationship between CGR and firm performance for our sample of large European and global firms respectively. Second, the results obtained in Chapter 3 point to a weak impact on the performance of companies from the quality of corporate governance when measured through a compliance with local code recommendations. These results hold for the overall proxy of corporate governance as well as for the proxies that represent the main governance categories or areas of recommendations.
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CHEN, HSUAN-JEN, and 陳宣任. "Association between Banking Penalty Pattern and Legal Compliance." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/yyw79u.
Full textAbstract:
碩士國立中正大學
會計與資訊科技研究所
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The banking industry is a government controlled industry. Financial institutions and other industries are also inseparable. However, major discretionary cases are still commonplace. In order to make the banking industry, which intends to reduce the risk of compliance with regulations, and the financial regulatory authority that establishes the regulatory. It is necessary to understand the state of the banking industry in the form of sanctions and the connection between the decree and the internal control involved in the punishment. The study examines and analyzes cases of administrative sanctions imposed by the banking industry, and literatures related both risk management and regulatory compliance. The source of the data is from the banking industry sanction cases announced by the Financial Supervisory Commission from 2012 to 2017. The research results have summarized the types of banking violations and internal control operations, and established a decree to follow the risk management mechanism to serve as a warning effect when the banking industry strengthens management and the Financial Supervisory Commission proclamation guides are followed.
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(5931128), Setu Shah. "Biomedical Concept Association and Clustering Using Word Embeddings." Thesis, 2019.
Find full textAbstract:
Biomedical data exists in the form of journal articles, research studies, electronic health records, care guidelines, etc. While text mining and natural language processing tools have been widely employed across various domains, these are just taking off in the healthcare space.
A primary hurdle that makes it difficult to build artificial intelligence models that use biomedical data, is the limited amount of labelled data available. Since most models rely on supervised or semi-supervised methods, generating large amounts of pre-processed labelled data that can be used for training purposes becomes extremely costly. Even for datasets that are labelled, the lack of normalization of biomedical concepts further affects the quality of results produced and limits the application to a restricted dataset. This affects reproducibility of the results and techniques across datasets, making it difficult to deploy research solutions to improve healthcare services.
The research presented in this thesis focuses on reducing the need to create labels for biomedical text mining by using unsupervised recurrent neural networks. The proposed method utilizes word embeddings to generate vector representations of biomedical concepts based on semantics and context. Experiments with unsupervised clustering of these biomedical concepts show that concepts that are similar to each other are clustered together. While this clustering captures different synonyms of the same concept, it also captures the similarities between various diseases and the symptoms that those diseases are symptomatic of.
To test the performance of the concept vectors on corpora of documents, a document vector generation method that utilizes these concept vectors is also proposed. The document vectors thus generated are used as an input to clustering algorithms, and the results show that across multiple corpora, the proposed methods of concept and document vector generation outperform the baselines and provide more meaningful clustering. The applications of this document clustering are huge, especially in the search and retrieval space, providing clinicians, researchers and patients more holistic and comprehensive results than relying on the exclusive term that they search for.
At the end, a framework for extracting clinical information that can be mapped to electronic health records from preventive care guidelines is presented. The extracted information can be integrated with the clinical decision support system of an electronic health record. A visualization tool to better understand and observe patient trajectories is also explored. Both these methods have potential to improve the preventive care services provided to patients.
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Shah, Setu. "Biomedical concept association and clustering using word embeddings." Thesis, 2018. http://hdl.handle.net/1805/17918.
Full textAbstract:
Indiana University-Purdue University Indianapolis (IUPUI)Biomedical data exists in the form of journal articles, research studies, electronic health records, care guidelines, etc. While text mining and natural language processing tools have been widely employed across various domains, these are just taking off in the healthcare space. A primary hurdle that makes it difficult to build artificial intelligence models that use biomedical data, is the limited amount of labelled data available. Since most models rely on supervised or semi-supervised methods, generating large amounts of pre-processed labelled data that can be used for training purposes becomes extremely costly. Even for datasets that are labelled, the lack of normalization of biomedical concepts further affects the quality of results produced and limits the application to a restricted dataset. This affects reproducibility of the results and techniques across datasets, making it difficult to deploy research solutions to improve healthcare services. The research presented in this thesis focuses on reducing the need to create labels for biomedical text mining by using unsupervised recurrent neural networks. The proposed method utilizes word embeddings to generate vector representations of biomedical concepts based on semantics and context. Experiments with unsupervised clustering of these biomedical concepts show that concepts that are similar to each other are clustered together. While this clustering captures different synonyms of the same concept, it also captures the similarities between various diseases and the symptoms that those diseases are symptomatic of. To test the performance of the concept vectors on corpora of documents, a document vector generation method that utilizes these concept vectors is also proposed. The document vectors thus generated are used as an input to clustering algorithms, and the results show that across multiple corpora, the proposed methods of concept and document vector generation outperform the baselines and provide more meaningful clustering. The applications of this document clustering are huge, especially in the search and retrieval space, providing clinicians, researchers and patients more holistic and comprehensive results than relying on the exclusive term that they search for. At the end, a framework for extracting clinical information that can be mapped to electronic health records from preventive care guidelines is presented. The extracted information can be integrated with the clinical decision support system of an electronic health record. A visualization tool to better understand and observe patient trajectories is also explored. Both these methods have potential to improve the preventive care services provided to patients.