Dissertations / Theses on the topic 'Right of Pardon'

This thesis is about the boundaries of domestic immigration law and international human rights regarding polygamy. It considers how polygamous wives are treated, and why. Polygamy has traditionally been viewed in the West as ‘harmful’, both to women and society. Western legal systems do not allow domestic plural marriage, and international human rights institutions recommend the prohibition of polygamy. Despite that, valid foreign polygamous marriages are recognised in the United Kingdom, particularly where it would be more harmful to do otherwise—except in immigration. The Immigration Act 1988 and Immigration Rules exclude additional polygamous wives from reuniting with their families. No exception is made and any harm that women are likely to suffer as a result is irrelevant. This thesis argues that the treatment of additional polygamous wives, particularly in the refugee context where women are more likely to be exposed to insecurity and harm, presents a ‘polygamy paradox’. While formal objections to polygamy are apparently based on harm, they are likely to cause more harm than good. This work interrogates the stance on polygamy to consider not only its paradoxical effect, but what informs this outcome. Applying a critical legal understanding, this thesis exposes not only the unintended consequences of the law. It also highlights what has shaped legal boundaries, historically and more recently, revealing a hidden bias that undermines the legitimacy and efficacy of laws and rights. This work concludes by offering a renewed feminist framework for the consideration of polygamy; one which takes account of gender, history and power. Ordinary epistemological foundations for the treatment of polygamy are disturbed, so the voices of women who have occupied a neglected space at the centre of laws, rights and reality as a relentlessly excluded ‘other’ are heard, and the content of laws and rights may be improved.

The purpose of this dissertation is to model biosocial determinants of group-directed altruistic behavior – exploring the nomological net around it. To do this a study will be presented to determine existing associations among various biological and social predictors and test a life-history-derived causal cascade using a partially exploratory and partially confirmatory statistical technique called Sequential Canonical Analysis to ultimately predict living-donor, non-directed kidney donations (NDKD). Toward that end, some important methodological considerations first need to be discussed. The first consideration revolves around the level of analysis and how this frames the cascade model and its interpretation. Following a general discussion, an exercise in some of the general principles is provided – investigating the higher-order factor structure of the Big-5 personality constructs across two levels of analysis. The second consideration is the use of unit-weighted factor scores and their appropriateness. Following the theoretical discussion, a demonstration is provided – deriving an estimate of genetic relatedness from a set of heterogeneous data sets. Once the methodological considerations have been discussed, the primary cascade model is presented in two parts: 1) the measurement model – operationalizing the measures incorporated into 2) the structural model – testing the proposed causal cascade using Sequential Canonical Analysis. A discussion follows in which the results are summarized, limitations are articulated, and further research directions are explored.

Four of the contemporary practitioners of the death penalty in Southeast Asia: Indonesia, Malaysia, Thailand and Singapore, performed judicial executions on a regular basis between the years 1975 and 2009. Notwithstanding this similarity, the number of death sentences passed by courts that were subsequently reduced to a term of imprisonment through grants of clemency by the executive (or where the prisoner sentenced to death is exonerated by way of a pardon) varied remarkably between these jurisdictions over this 35-year period: some of these countries commuted the sentences of death row prisoners often, others rarely. In this DPhil thesis, I employ the methodology of comparative criminal justice to explore the discrepancies and similarities in capital clemency practice between these four Southeast Asian jurisdictions, seeking to document the known examples of clemency grants over the course of their modern history, and to investigate the reasons why retentionist countries exercise clemency at vastly different ‘rates’ in finalised capital cases. As clemency and pardon deliberations by the executive are usually performed in secret, academic study of the subject has remained scarce, and the suspected reasons behind death sentence commutations, and their relative frequency, are rarely analysed. My inductive, qualitative study in comparative criminal justice will attempt to address these deficiencies in analysis as they apply to four Southeast Asian countries that continue to practice capital punishment as a form of criminal sanction. Moving beyond Amnesty International’s simplistic observation that ‘nowhere in Asia has the ready availability of such clemency been marked’, I examine the intricacies of the clemency practice in each jurisdiction, and arrive at regional trends and patterns.

Extraterritoriality at the ECtHR appears to create a paradox. On the one hand, it is limited in space, time, purpose and remedies, through its state membership, individual application process, the terms of the ECHR, and restricted enforcement and influence on general international policy. On the other, it appears to be an indispensable refuge for individuals who are victim to the most flagrant denials of justice happening on a global scale. The ECtHR finds itself an avenue for redress in historical events of global significance such as the NATO bombing and UN administration of Kosovo, the US-UK occupation in Iraq, extraordinary rendition procedures and the interception of migrant boats at sea. This thesis embraces the paradox of extraterritoriality at the ECtHR. Putting forward a normative framework, the thesis clarifies the nature of extraterritoriality at the ECtHR and investigates the extent to which the ECtHR adopts a single normative frame. Existing theories fail to capture the nature of extraterritoriality in the ECtHR’s operation. This thesis offers a global constitutionalist approach to deduce a model for extraterritoriality. Using a normative global constitutionalist frame, in particular democratic accountability and the rule of law, the thesis examines the extent to which the ECtHR adopts such an approach. Translating the requirements of normative global constitutionalism into doctrinal indicators, it examines whether the ECtHR operates within a global constitutionalist frame in extraterritoriality decisions. Alongside this examination, the thesis queries the function and purpose of extraterritoriality and its relationship with other international legal concepts. It questions models that rely on state jurisdiction and attribution to determine their extraterritorial reach, exposing extraterritoriality as performing a separate function. It ultimately unravels the paradox of extraterritoriality through a global constitutionalist explanation.

This thesis explores the relationship between citizenship and human rights by focusing on refugee’s rights. The study is based on Hannah Arendt’s theories that when someone loses state-protection human rights appear weak, and one finds oneself in a state of rightlessness (1976). She developed her thoughts during the refugee crisis after the Second World War, and by discussing her theories in relationship to a field study performed in Lebanon this thesis applies her theories on the current refugee crisis, investigating how applicable her theories are on refugees today. This opens up a discussion on if and how the modern human right framework has managed to solve some of the issues that were present for refugees more than 50 years ago.   The empirical study is based on a minor field study in Lebanon concerning refugee children’s right to education. By performing interviews and observations, the obstacles that these children face are presented and analysed according to a framework on vulnerabilities that migrant’s face developed by Sabates-Wheeler and Feldman (2011). The result of this study is a discussion that connects the theoretical framework with the empirical findings by discussing traits in the relevant theories in connection to the case study. The thesis finally concludes that many vulnerabilities that Arendt discussed still affects refugee’s lives today, despite the development of human rights.

Existing research on states and human rights focuses primarily on international treaty ratification, post-treaty rating systems, and ad hoc reports on adherence in individual countries. Additionally, the literature is characterized by disproportionate attention to certain rights to the neglect of others, thereby painting an incomplete and potentially inaccurate picture of a state’s practice and implementation of human rights. Consequently, the extant literature too frequently disregards key domestic and international factors as determinants of cross-national variation in the implementation and protection of human rights, and it instead generates paradoxical claims about human rights and state behavior. With Europe as its empirical focus, this study tests one assertion that state strength relative to societal actors impacts the frequency of cases heard at the European Court of Human Rights. Findings suggest that state strength indeed plays a role in the overall number of cases from member states in the European human rights system.

The study aimed at getting a grass root opinion on poverty and why Ghana is still poor after 50 years of independence in spite of her richness in natural resources, second largest producer of cocoa in the word and appreciable stable political environment. The opinions of the ordinary people in the Bia district and their observed living conditions was analysed in line with theoretical basis of the study and previous studies to justify the stance that poverty should be considered as an abuse of human rights. It was concluded based on position of informants and previous data available that though many factors have been raised by previous scholars as the cause of poverty, the actions and inactions of both internal and external power-holders is the main source of poverty in Ghana. It was proposed that for poverty to be reduced in a sustainable way there should be strong civil society groups and active citizens through civic education to hold power-holders accountable. Until the actions and inactions of power-holders which have subjected many Ghanaians into intergenerational poverty are seen as human rights abuse, the rights of many Ghanaians would be constantly abused. This will eventually defeat the promotion of human rights culture in Ghana.

The aim of this is to develop a theoretical framework for addressing the usage and effects of economic sanctions, through a postcolonial perspective on the human rights discourse, by examining how economic sanctions can be legitimized even though proven to be ineffective and harmful to civilians. The main theoretical framework is based on a postcolonial perspective on the human rights discourse and how it relates to liberalism, imperialism and international law - to further understand the role that economic sanctions has. Further, the effectiveness of sanctions is assessed through different perspectives from researchers opposed to economic sanctions as well as researchers that promote the use of economic sanctions. Examples of sanctions against Iraq, Myanmar and Cuba will be highlighted in terms of impacts on health, food, economy and so on. The thesis states that economic sanctions are mostly ineffective and have devastating effects on the civilian population of sanctioned states and that the notion that they promote human rights therefore proves the sanctions paradox to be inevitable.

The state of emergency – the governmental provision of imposing exceptional powers applicable to emergencies – is a characteristic shared by a majority of national governments. The possibility to invoke emergency provisions, albeit necessary, is inherently vulnerable to abuse. Despite established restrictions on emergency powers in national and international law, some states have been found to act beyond these limitations, infringing on human rights in an overly disproportionate and excessive fashion. Such an exercise of emergency powers is contrary to their general aim: i.e., to protect essential human rights in the face of a crisis, be it political, social, economic, or a natural disaster. As such, the state of emergency can be seen as a paradox: both a protection of, and threat to human rights. The present thesis, departing from an observed presupposition of existing and stable liberal-democratic structures for the established checks and restrictions to apply, placed the scope of analysis in a Southeast Asian context, a region featuring a broad variety of democracy levels. As such, the undertaken comparative study charted continuities, developments and changes pertaining to the enactment of emergency powers vis-à-vis human rights in Thailand and the Philippines between 1996 and 2021. Moreover, motivations behind the declaration of a state of emergency were also observed, as the identification of a situation as exceptional is incidentally the process through which a state of emergency is constructed and becomes usable, which in turn guides the formulation of emergency measures and their eventual impact on human rights. The observed instances of states of emergency in Thailand and the Philippines illustrate how emergency powers are often followed by a militarisation of the political agenda, and pose a challenge for social trust, especially in contexts such as Thailand and the Philippines, whose legacy of military rule has shaped how political life is enacted in contemporary times. Moreover, said legacy becomes yet another dimension of the state of emergency in that emergency powers are invoked to stabilise the political system so as to protect human rights, but ultimately the former is stabilised through repression of the latter. In this regard, repression of human rights is at its highest when the exception has entered several dimensions of the social fabric, i.e., becoming the norm. Within the framework of the regional War on Drugs and the Covid-19 pandemic, the cases further illustrate not only the intricate links between the juridico-political vis-à-vis repressive and restrictive consequences, but also how they interact in a context of perpetual emergency.  As such, the frequent invocation of emergency powers in the observed contexts encouraged the exercise of discretionary power through a reconceptualisation of the interaction between the political and the social, rending certain individuals, deemed a potential future threat, politically mute, overpowered by the sovereign decision. In this way, the implementation of emergency provisions were found to produce, portray, and maintain a largely fictional sense of security in the society.<br>El estado de emergencia – la provisión gubernamental a través de la cual se dicta poderes excepcionales pertinentes a una situation de emergencia – es una característica que contempla el sistema jurídico de una mayoría de gobiernos nacionales. La posibilidad de declarar un estado de emergencia, a pesar de ser ocasionalmente necesario, es sin embargo altamente vulnerable ante un probable abuso de autoridad. Dado dicho riesgo, no obstante restricciones establecidas en leyes nacionales e internacionales regulando su uso, las medidas excepcionales adoptadas por algunos países han trascendido la serie de límites y controles contemplados, resultando en violaciones de derechos humanos de carácter inconmensurable y excesivo. Dicha adopción de poderes excepcionales contradice la prerrogativa original de los mismos, es decir, la proteción de derechos humanos fundamentales en caso se presenten graves circumstancias que perturben o amenacen perturbar en forma inminente el orden político, social, económico y ecológico del país en cuestión. Por ende, el estado de emergencia puede ser calificado como una paradoja: simultáneamente actuando como protector y amenaza a los derechos humanos.  La presente tesis localiza su punto de inicio en la identificada presupocisión de una estructura estable propia de un estado democrático de derecho para un funcionamento certero de los establecidos controles y límites. A manera de investigar la validez atribuída a dicha presupocisión, el ámbito de analísis concierne el contexto del Sudeste asiático, una región seleccionada dada su observada variedad de niveles de democracia. El estudio, de carácter comparativo, traza continuidades, desarrollos y cambios pertinentes a la aplicación de poderes de emergencia y sus repercusiones en materia de derechos humanos en los casos de Tailandia y las Filipinas entre 1996 y 2021. Además, las motivaciones tras la declaratoria también fueron observadas e investigadas, dado que la identificación de una situación como excepcional es incidentemente el proceso a través de cual el estado de emergencia se construye y se torna usable, lo que a su vez guía la formulación de las medidas de emergencia y consigna una eventual restricción de derechos humanos.  Los estados de emergencia observados ilustran como los poderes excepcionales en varias instancias conceden una militarización de la agenda política, lo cual circunscribe un reto en lo que concierne la confianza social, particularmente en contextos como Tailandia y las Filipinas, cuyo legado militar forma la vida política contemporánea. Además, dicho legado forma parte de una dimensión adicional del estado de emergencia, de acuerdo a la cual un sistema político inestable amerita la declaración de un estado de emergencia con el propósito de estabilizar el sistema político y proteger derechos humanos. Sin embargo, al final, el primero termina siendo estabilizado a través de la represión del último. En este contexto, la violación de derechos humanos es más prominente cuando la noción de la excepción se vuelve la norma. De esta manera, frecuentes declaratorias resultan en una reconceptualización de la interacción entre lo político y lo social, así silenciando políticamente a individuos considerados una posible futura amenza. Así, se observó que la implementación de poderes excepcionales produce, representa, y sostiene una sensación de seguridad social en gran parte ficticia.

Made available in DSpace on 2016-04-26T20:22:31Z (GMT). No. of bitstreams: 1 Fernando Rister de Sousa Lima.pdf: 1424851 bytes, checksum: 211b0caa7f23967b046cc8040dcffbb5 (MD5) Previous issue date: 2013-12-13<br>Coordenação de Aperfeiçoamento de Pessoal de Nível Superior<br>The Brazilian Federal Constitution of 1988 guaranteed to all citizens the right to health. Nevertheless, the Brazilian government inability to solidify this right fostered a huge amount of legal actions precisely to pursuit social effectiveness. All over the world, this interventionist conduct was labeled as juridical activism. In Brazil, this issue gained unimaginable proportions and has set the judiciary in the center of the discussion stage about Public Policies. And the Brazilian Supreme Court (STF Supremo Tribunal Federal), as guardian of the Federal Constitution and as the top one in the structure of that power, arises as key of this new institutional design of the Principle of Separation of Powers. In that context, the research has as its aim to identify if the STF performance on the right to health results in effectiveness or in symbolism. It was made by a theoretical research and an empirical investigation. The collect of data was centered in theoretical sociologist, with respective prominence given to the Niklas Luhmann´s Theory of Systems, which was used in the identification of legal rationality, social inclusion, complexity, contingence, justice, and the roles of Courts, the Legal and the Political Systems. In the theoretical reference, the conceptualization of the expression: symbolic is extremely rich. To a point that routinely semantic confusion is found; to avoid it, this work embraces the thesis developed by Marcelo Neves in his book: A Constitucionalização Simbólica (The Symbolic Constitutionalization), in which he develops a debate about the symbolism of constitutional norms. For the empirical research, by the methods of research, a documental investigation was made, collected from Brazilian Supreme Court´s leading cases. The study of these sentences was sponsored by the Pragmatic of Charles Sander Pierce. In effect, the research result arranged a paradox. It was found that the Brazilian Supreme Court, in a point of view restricted to the litigants, searches for an illusory effectiveness of the right to health, which is symbolic, inasmuch as the judge from a rationality exclusive adjudicatory, denying to see the issue, therefore, as an distributive issue, as a matter of distribution of wealth, which, in a macro perspective, causes the risk of corruption in the political system for forcing the public administration to distribute a wealth that, sometimes, does not even exist, as well as excluding most of the population, that does not have access to this Court or that indirectly are strained considering the diverged resources from the public health to accomplish its decisions<br>A Constituição Federal de 1988 garantiu a todo indivíduo o direito à saúde. Porém, a incapacidade do governo brasileiro em concretizar esse direito fomentou uma avalanche de ações judiciais, justamente para buscar a sua efetividade social. Mundialmente, essa postura de intervenção foi rotulada como ativismo judicial. No Brasil, a questão tomou proporções inimagináveis, o que colocou o Judiciário no centro do palco dos debates sobre políticas públicas. E o Supremo Tribunal Federal (STF), como guardião da Constituição Federal e como topo da estrutura do referido poder, surge como peçachave desse novo desenho institucional do princípio da separação dos poderes. Nesse sentido, a pesquisa, que tem como escopo identificar se a atuação do STF em direito à saúde resulta em efetividade ou em simbolismo, realizou-se mediante investigação teórico-empírica; a teórica foi conduzida pelo processo dedutivo. Centrou-se a coleta de dados em teóricos sociais, com destaque respectivamente à teoria dos sistemas de Niklas Luhmann, a qual foi utilizada na identificação da racionalidade jurídica, da inclusão social, da complexidade, da contingência, da justiça, do papel dos tribunais, dos sistemas jurídico e político. No plano teórico, a conceituação da expressão simbólico é extremamente rica, a tal ponto de rotineiramente se encontrar confusão semântica; para evitá-la, o trabalho adota a tese desenvolvida por Marcelo Neves, no seu livro A Constitucionalização Simbólica , em que desenvolve debate em torno do simbolismo das normas constitucionais. Para a pesquisa empírica, por meio dos métodos de pesquisa, utilizou-se investigação documental, coletada de precedentes judiciais do STF. O estudo dos acórdãos foi promovido por meio da Pragmática de Charles Sander Pierce. Com efeito, o resultado da pesquisa se configurou num paradoxo: constatou-se que o STF, numa visão restrita à justiça dos litigantes, busca uma ilusória efetividade do direito à saúde, a qual resta simbólica, porquanto julga sob uma racionalidade exclusivamente adjudicatória, negando-se a ver a questão, portanto, de forma distributiva como uma distribuição de riqueza, o que, numa perspectiva macro, provoca o risco da corrupção do sistema político por obrigar a Administração Pública a distribuir riqueza que, muitas vezes, não existe, bem como exclui a maioria da população que não tivera acesso à referida Corte ou que indiretamente é prejudicada pelos recursos desviados da saúde para cumprir suas decisões

The Universal Declaration of Human Rights article 27 shows that copyright law has two functions. ‘everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits. Everyone has right to protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.’[1]  These functions are supporting cultural aspects on society and give a prior right to holder of the copyright to secure and use the work. On the other hand, copyright secures the personality and property rights of the copyright holder. When talking about copyright as an international concept we can state that copyright is not an absolute right, it is limited by the common wellbeing of society, meaning that quoting and getting the information or ideas from other’s work is accepted. Ideas, principles, thoughts, or themes are not included in the scope of copyright protection.[2] Copyright can be created only by a human, but it can be transferred to a legal person like a company. Not that long-ago computer programs were not seen as tangible property and that is why the damages done to the programs were hard to prove as a criminal action.[3] Copyright protects the artistic work during the whole lifetime of author and 70 years after his death. It can be said that copyright and related rights are less protective than industrial registered intellectual property, on contrary, copyright is not limiting the protection to the level of success or requirements, while for example, patent law is very restrictive about the quality of product.[4] Copyright law is a territorial limited law, led by international regulations like the Berne Convention for the Protection of Literary and Artistic Works (hereafter Berne Convention)[5] and European Copyright Directive (hereafter DSM Directive).[6] Photoshop and image manipulation are present in everyday life, this kind of services can be offered even to children for their school portals. Use of computer-generated pictures and films is increasing in campaigns, news and movies. This kind of image technology can be used for making simulations of law cases or “waking up” movie stars from death. The scale of use is endless. The artificial intelligence (hereafter AI) technology behind computer-generated imageries is called deep learning. Deep learning is an advanced type of machine learning and it is used at, for example, computer programs, self-driving cars, and targeted online advertising.[7] The artificial intelligence software makes generating easy and possible for larger user groups and develops images, which brings more legal problems as well. Computer-generated imageries (hereafter CGI) are used for the entertainment industry for different targets and upgrade the film for a new level. In the same time, it can be used for an act of revenge, when the content is defamation the person at the picture, or it can be used for fake news. These kinds of computer-generated imageries are called deep fakes. Sometimes the imageries done by AI or other software are so real that it is almost impossible to recognize the difference with the bare eye, the content of the deep fake can lead the viewer to wrong. The problem of deep fakes has been identified by the governments as well as by the large corporations, for example, Facebook. Facebook, which is one the world’s biggest social media network, has decided to delete and ban deep fakes on its pages according to Monica Bickert vice-president of Facebook. The ban does not apply the parody or satire content, which is one argument that copyright holders are relying on deep fakes.[8] The aim of the thesis is to recognise all aspects of copyright law implications; including the rights of the owner of original work, rights of the owner of new work, rights of the persons that are at the copyright-protected work and rights of the trademark owner if the trademark is used on imagery. [1] The Universal Declaration of Human Rights by the United Nations General Assembly on 10 December 1948 [2] Article 2 of Berne Convention for the Protection of Literary and Artistic Works. September 9, 1886 regulates the scope of the works which are enjoying copyright protection. Guidelines to Berne Convention paragraph 2.2 and 2.3 state that the content itself is not important for copyright protection but the form of the work. Therefore, for example, idea is excluded from the scope of copyright protection. WIPO. Guide to the Berne Convention for the Protection of Literary and Artistic Works. 1978. Retrieved April 25, 2020, from https://www.wipo.int/edocs/pubdocs/en/copyright/615/wipo_pub_615.pdf [3] Cox v Riley (1986) 83 Cr App R 54. The employee erased several programs from the magnetic cards and was charged with criminal damage. Employee argued that he was not guilty because the computer programs were not tangible property. Court held that even though the computer programs were not tangible property the damages done to the cards were enough to be charged in a criminal sentence. [4] Pila, J. Torremans, P. European Intellectual Property Law. 2nd edition. 2019. Oxford. [5] Berne Convention for the Protection of Literary and Artistic Works. September 9, 1886. The latest text of Berne Convention (from 1971 Paris Act plus Appendix) will be used at thesis. [6] Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directive 96/9/EC and 2001/29/EC [7] Rouse, M. Definition ‘deep learning’. TechTarget. 2019. Retrieved May 25, 2020, from  https://searchenterpriseai.techtarget.com/definition/deep-learning-deep-neural-network [8] Bickert, M. Enforcing Against Manipulated Media. 2020. Retrieved May 9, 2020, from   https://about.fb.com/news/2020/01/enforcing-against-manipulated-media/

As catástrofes coletivas impostas pelos regimes autoritários, sejam eles racistas, tal como o apartheid na África do Sul, sejam eles diretamente políticos, tal como a ditadura militar no Brasil, implicam esforços diários de reflexão e ação política. O que caracteriza estes governos é a violação aos direitos de seus cidadãos por meio de um brutal aparato policial-militar. E o pior: todo esse esquema foi montado e mantido pelo Estado, que institucionalizou a prisão, a tortura, o desaparecimento e o assassinato. As sociedades têm enfrentado o seguinte problema: como conciliar o passado doloroso com um presente democrático, administrando os conflitos que com a mera passagem institucional de um governo de exceção para um democrático não se encerraram. Isto porque as violações aos direitos humanos não se restringiram às instituições políticas, mas, indo muito além, atingiram os indivíduos e alteraram significativamente a subjetividade dessas sociedades. A oposição entre a razão política pacificadora do Estado e as memórias doloridas sobre a ditadura militar brasileira obstrui a expressão pública da dor e reduz a memória às emoções privadas. A sociedade sul-africana, valorizando as narrativas, tornou públicas estas experiências ao divulgar as narrativas construídas em seu espaço, criando um impacto na sociedade, seja em suas subjetividades ou mesmo nas políticas públicas adotadas posteriormente. Abriu mão de punir quem confessasse tudo, em nome de uma conciliação nacional. Já no Brasil, a conciliação promovida entre a anistia de 1979 e a democratização de 1985 teve por preço a omissão das memórias do horror. Nossa idéia é que diante da queda de investimento no diálogo e na convivência pública democrática, a publicidade dos traumas e ressentimentos por meio das narrativas poderia contribuir para a consumação do luto e para o aprimoramento dos elos sociais.<br>The collective catastrophes imposed by authoritarian regimes, be they of racist character, like apartheid in South Africa, or be they of strictly political character, like the military dictatorship in Brazil, require daily efforts of reflection as well as political action. These governments were characterized by their systematic violation of their citizens\' rights by brutal military and police apparatus. Worst of all, the whole scheme was set up and maintained by a State which institutionalized imprisonment, torture, disappearance and murder. Thus, these societies are left today to face a difficult issue: how to reconcile such painful past with a democratic present, and still manage the conflicts that do not end with a mere institutional passage from a dictatorial government to a democratic one. Human rights violations were not limited to political institutions, but went far beyond; they reached individuals, and they modified the subjectivity of those societies significantly. The opposition between the State pacificatory political reason and the painful memories regarding Brazilian military dictatorship obstructs public expression of pain and reduces memory to private emotions. In contrast, by valuing the narratives of the past, the South African society tried to recover the memory of the painful moments making these experiences public by publishing their narratives. South Africans gave up punishing those State criminals with the only condition they would confess everything, in order to foster a national conciliation. In Brazil, however, the ideal of a national conciliation to put an end to military rule paid the huge price of silencing the memories of pain, torture, and death. This had an impact on society, on its subjectivity and even on the public politics adopted later. Our point of view is that due to the lack of investment in the dialogue and in the democratic social communion the publicizing of traumas and resentments by means of narratives could contribute to realization of the mourning, thus promoting social bonds.

This thesis seeks to determine whether or not the inclusion of an explicit parody exception would be beneficial for EU trade mark law. The thesis presents all the variables that need to be taken into account in the decision, putting a special emphasis in the importance of considering the negative effects that a hypothetical inclusion can have on the consumers of the parodied reputed trade marks as this variable has been widely disregarded among scholars. Moreover, in this thesis it is considered that an explicit inclusion of the parody exception in EU trade mark law might be recommended for cases of non-commercial expression and mixed expression but not for cases of merely commercial expression.

From our earliest days of childhood, our exposure to certain species is confusing and contradictory, with animals like the beloved characters who fill our storybooks moulded into unrecognisable shapes and served up to us in deceptively happy packaging. With a recognition of this cognitive dissonance as a starting point, this report seeks to highlight the inconsistency of teaching children to love and respect animals whilst at the same time to accept the eating and usage of them.  Whilst the topic of animal farming is finally beginning to be taken seriously in conversations about environmental sustainability, its ethical implications for both humans and nonhumans remain massively overlooked. My project aims to bring the conversation about animal rights to the forefront of our moral considerations with childhood education as an entry point.  In collaboration with a primary school class (ages 9-11) and an animal sanctuary, I ran a three-part workshop designed to encourage interspecies thinking and provide a space for students to critically evaluate mainstream attitudes and assumptions towards nonhuman animals and, by extension, to question current norms surrounding animal use and consumption.

Social networks are the latest mutation of the Internet. They have changed the online use of information and led to the “disintermediation” of cultural contents, thus causing a radical revolution of the Internet through a social participation in the web. This paper has attempted to analyze the relationship between copyright and social networks in Europe by investigating three different aspects connected to each other: (i) the applicability of exceptions and limitations to copyright in the social network environment; (ii) the regulation of hyperlinks to copyrighted contents; and (iii) the liability regime of internet service providers. This investigation is aimed at verifying if a balance exists among the following needs: (i) free access to information and culture in the Internet (particularly in the social networks environment); (ii) creation of new Internet services; and (iii) online protection of copyrighted works. With regard to exceptions and limitations to copyright and their applicability in the social network environment, the InfoSoc Directive introduced at Community level a “closed” system of exceptions and limitations. These exceptions appear to be obsolete and unable to adapt to innovations and new online uses. In particular this paper analyzes, through a broad examination of the EU case law, the only two exceptions which seem to have a limited online application: the quotation right and parody. In relation to hyperlinks, as far as copyright is concerned, linking may raise critical issues under different circumstances. Starting from the analysis of two recent decisions of the ECJ (Svensson and BestWater) this paper investigates how hyperlinks to copyrighted contents shall be considered and whether they may constitute copyright infringement (i.e., an unauthorized act of communication to the public). Finally, the third part of this paper will analyze the evolution of the EU case law about ISP liability regime, its applicability to social networks, and the relationship with exceptions and limitations, in order to understand whether European courts have reached a balanced application of these principles.

When should it be permissible to act against someone's expressed wishes in their best interests? In both political philosophy and legal practice, answers to this question often appeal to the concept of autonomy. Broadly, the idea is that if a person is sufficiently self-governing, then their wishes must prevail; but if they are not, then their wishes need not be respected when promoting whatever is good for them. This thesis analyses both philosophical models of autonomy and the practice of judges in England and Wales when implementing the Mental Capacity Act 2005. With regard to the philosophical models, it finds that, despite claims to the contrary, they do not offer a plausible way of assessing whether someone else is autonomous without appealing to values that are not the person's own. With regard to legal practice, it finds that, although judges speak about 'autonomy' in contradictory ways, a coherent account of when they will find that they must respect a person's expressed wishes can be constructed. This first stage of analysis makes a gulf between 'autonomy' in philosophy and law obvious. When philosophers talk about 'autonomy', they are largely concerned with the person's relationship to themselves. When judges talk about 'autonomy', they are largely concerned with the person's relationship to the world. 'Autonomy' in the philosophical sense cannot justify current practice because it does not deal with the same subject matter. Analysis of mental capacity cases does, however, allow the development of an alternative justification for actions against a person's expressed wishes. This justification lies in an evaluation of the entire situation, not of the person. It is not reducible to any model of autonomy, not even 'relational' models. Taken seriously, this justification requires a reorientation of the ethics of mental capacity law: away from overreliance on relatively few abstract 'principles' and towards articulating the difficulty and complexity of real situations. The thesis offers two papers towards the development of this latter mode.

Dissertação de Mestrado em Ciências Jurídico-Forenses apresentada à Faculdade de Direito<br>As finalidades da pena, tal como previstas no art. 40º do Código Penal, são a proteção de bens jurídicos e a reintegração do agente na sociedade, já a execução da pena, servindo a defesa da sociedade e prevenindo a prática de crimes, orienta-se no sentido da reintegração social do recluso, nos termos do art. 42º CP. O cumprimento destas finalidades implica, e deve ter sempre em consideração, que os reclusos durante a execução da pena continuam a ser indivíduos titulares de direitos fundamentais, havendo direitos como o direito à vida, à saúde e à integridade física, direito não podem ser postos em causa e que o Estado deve assegurar. A situação pandémica causada pela doença COVID-19 originou uma crise sanitária a nível mundial e levou ao surgimento de vários problemas que foram muito para além de questões de saúde, repercutindo-se nomeadamente ao nível do direito penal. Em face desta situação os vários ordenamentos jurídicos tiveram de dar respostas imediatas aos problemas que foram surgindo de forma a evitar a propagação do coronavírus. Um dos grandes problemas que se colocou a nível do direito penal está ligado às especificidades dos estabelecimentos prisionais que propiciam a propagação do vírus, colocando os reclusos numa posição de alto risco de contágio. De forma a salvaguardar o direito à vida, à saúde e à integridade física dos reclusos surgiu a Lei n.º9/2020, de 10 de Abril, que veio prever um Regime excecional de flexibilização da execução das penas e medidas de graça no âmbito da pandemia da doença COVID-19. Este regime prevê um perdão de penas de prisão, um regime especial de indulto das penas, um regime extraordinário de licença de saída administrativa de reclusos condenados e a antecipação extraordinária da colocação em liberdade condicional.<br>The purposes of the penalty, as provided in the 40º article of the Portuguese Penal Code, are the protection of the legal interests and the reintegration of the agent in the society, while the execution of the sentence, serving the defense of the society and preventing the practice of crimes, is oriented towards the social reintegration of the prisioners, under the terms of the 42 article of the Portuguese Penal CodeThe fulfillment of these purposes implies, and must always take into account, that prisoners during the execution of the sentence continue to be individuals with fundamental rights, with rights such as the right to life, health and physical integrity, rights that cannot be restrained and which the State must ensure.The pandemic caused by the COVID-19 disease caused a global health crisis and led to the emergence of several problems, which went far beyond health issues, with repercussions in the criminal law. Therefore, the various legal systems had to respond immediately to the problems that emerged to prevent the spreading of the coronavirus.One of the major problems in terms of criminal law is associated to the specifications of prisons that facilitate the propagation of the virus, putting prisoners at a high risk of contagion. To safeguard the prisoners' right to life, right to health and right to physical integrity, the Law n.º 9/2020, provided for an exceptional regime of flexibility in the execution of penalties and acts of grace in the context of the COVID-19 disease pandemic. This regime established a forgiveness of prison sentences, a special regime of pardon of sentences, an extraordinary regime for the administrative releases of convicted prisoners and the extraordinary anticipation of the placement on parole.

Family is the foundation society. Women are the backbone of families even in fundamental patriarchal society like Malaysia. However, Malaysia’s system of religious accommodation results in different rights available to individuals based on the states diverse religious affiliation. Contemporary family issues are inadequately addressed in current Malaysian Family Law: one for the Muslims and one for the non-Muslims. Most cases highlighted inconsistencies when conversion to Islam affected the rights of women during breakdown of marriage. In permitting a path to accommodate diversity, and to reach a new engagement between the civil and the Shariah courts, it is necessary to appreciate Malaysia’s history, sentiment, constraints and strengths. This paper proposes that not only Malaysia has adequate strengths to provide a strong platform to address the conflict, but possesses the mechanisms to create a dynamic set of joint governance of Family Laws to enhance religious accommodation.

Thesis (M.A.)--University of Wisconsin--Madison, 1992.<br>Typescript. eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references (leaves 91-100).

Researchers, policy makers and practitioners alike have in recent years acknowledged a growing tendency towards opening up the innovation process by combining internal organizational assets with external actors’ resources. However, opening up the innovation process usually also entails revealing ideas, which may result in misappropriation. The purpose of this thesis is to investigate tensions related to the openness-appropriability relationship; this is done in three studies. The first study concerns a specific contextual factor that is likely to stress the openness-appropriability tensions: the location of external partners in innovation. The second study relates to the way managing openness-appropriability tensions affects performance, and the third study involves a theoretical discussion about the nature of the tensions occurring in the openness-appropriability relationship, i.e. paradoxical, dilemmatic, or dialectical. The first two studies apply quantitative methods, using survey data, while the third is a conceptual paper. The findings from the first study indicate that the use of different groups of appropriability mechanisms varies across various types of openness and that the location of external partners in innovation refines these linkages even more. The second study’s main takeaway is that the higher appropriability intensity, i.e. the extent to which appropriability mechanisms are put into practice, explains higher performance outcomes. The third study suggests that the tensions between openness and appropriability are more likely of paradoxical nature. From a theoretical perspective, findings indicate that paradoxical tensions between openness and appropriability may have a spatial dimension, and that these tensions should also be investigated in regards to performance. Managerial implications point out that opening up to innovation partners located abroad is likely to require more costly appropriability mechanisms.<br><p>QC 20170126</p>