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1
Kupsch, Mary. "The Prince, The Punisher, and The Perpetrator: Masculinity in Animal/Monster Groom Tales". Thesis, University of Oregon, 2017. http://hdl.handle.net/1794/22721.
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Feminist scholarship concerning fairy tales is too limited. While relationships between male and female characters have been explored extensively, this thesis focuses on masculinity as it is performed in interactions between male characters. It aims to bring more justices to traditional fairy tale gender binaries. Using Tony Coles’ Theory of Multiple Dominant Masculinities, this project examines four 17th-19th century animal/monster groom tales, studying male characters in order to understand how masculinity is constructed in selected tales and operates as a dynamic relationship between male characters. While the quest for dominance is often linked to violence, by employing the marvelous as an agent of change, these tales offer utopian perspectives in which shifts in male power occur without violence. The system of masculinity can be unfavorable and restrictive, presenting male characters with limited role options, but in fairy tales this system is also flexible, offering the possibility of change.
2
Baker, Joseph O. y Andrew Whitehead. "He-God, the Punisher: Masculine Images of God as the Strongest Religious Predictor of Punitiveness". Digital Commons @ East Tennessee State University, 2018. https://dc.etsu.edu/etsu-works/5388.
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3
Flores, Diego Gonzalo. "Asymmetry of Gains and Losses: Behavioral and Electrophysiological Measures". BYU ScholarsArchive, 2016. https://scholarsarchive.byu.edu/etd/6578.
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The purpose of this research was to explore the effects of small monetary or economic gains and/or losses on choice behavior through the use of a computerized game and to determine gain/loss ratio differences using both behavioral and electrophysiological measures. Participants (N=53) played the game in several 36 minute sessions. These sessions operated with concurrent variable-interval schedules for both rewards and penalties. Previously, asymmetrical effects of gains and losses have been identified through cognitive studies, primarily due to the work of nobel laureates Daniel Kahneman and Amos Tversky (1979). They found that the effect of a loss is twice (i.e., 2:1) that of a gain. Similar results have been observed in the behavioral laboratory as exemplified by the research of Rasmussen and Newland (2008), who found a 3:1 ratio for the effect of losses versus gains. The asymmetry of gains and losses was estimated behaviorally and through event-related brain potentials (ERPs) and the cognitive (Kahneman and Tversky) and behavioral (Rasmussen and Newland) discrepancy elucidated. In the game, the player moves an animated submarine around sea rocks to collect yellow coins and other treasures on the sea floor. Upon collecting a coin, one of three things can happen: The player triggers a penalty (loss), the player triggers a payoff (gain), or there is no change. The behavioral measures consisted in counting the number of clicks, reinforces, and punishers and then determining ratio differences between punished (loss) and no punished condition (gain) conditions. The obtained gain/loss ratio corresponded to an asymmetry of 2:1. Similarly ratio differences were found between male and female, virtual money and cash, risk averse versus risk seeking, and generosity versus profit behavior. Also, no ratio difference was found when players receive information about other player's performances in the game (players with information versus players without information). In electroencephalographic (EEG) studies, visual evoked potentials (VEPs) and ERPs components (e.g., P300) were examined. I found increased ERP amplitudes for the losses in relation to the gains that corresponded to the calculated behavioral asymmetry of 2:1. A correlational strategy was adopted that sought to identify neural correlates of choice consistent with cognitive and behavioral approaches. In addition, electro cortical ratio differences were observed between different sets of electrodes that corresponded to the front, middle, and back sections of the brain; differences between sessions, risk averse and risk seeking behavior and sessions with concurrent visual and auditory stimuli and only visual were also estimated.
4
Schneider, Henrik. "Discipline and punish". Universität Leipzig, 2019. https://ul.qucosa.de/id/qucosa%3A36364.
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In August 2019, the Federal Ministry of Justice submitted a draft for a corporate crime
act. This draft will end a decade-long debate on the criminal liability of legal persons and
profoundly change the criminal prosecution in the area of economic criminal law. The article
classifies the legislative project in the current discourse on criminal policy, reports on
the content of the draft and gives a critical commentary on individual points.
5
Wyko, Mary E. "That Besetting Sin: How George Eliot Punishes Her Ambitious Female Characters". Connect to resource online, 2009. http://rave.ohiolink.edu/etdc/view?acc_num=ysu1263604143.
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Zhao, Yanan y Rikard Wahlström. "Are unsustainable dividend-payers punished by the market? Evidence from Swedish firms". Thesis, Uppsala universitet, Företagsekonomiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-386392.
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We examine the phenomenon of firms that distribute dividends in excess of reported earnings, that is, 'unsustainable dividend-payers' in the Swedish market. Our hypothesis is that these firms will experience lower abnormal returns compared to their counterparts in both short and long term. With a dataset of 2061 observations from Nasdaq Stockholm and Nordic Growth Market during the period 1999-2017, we find that the abnormal returns are higher for unsustainable dividend-payers in the short term, while in the long run the result is on the opposite. Moreover, we find that the larger the difference between dividends paid and reported earnings, the higher the short-run abnormal returns but the lower the long-run abnormal returns to shareholders. Our results are robust to controlling for influences of other events on announcement dates and alternative measurement for model parameter, though not unambiguous. This study contributes to broadening the area of unsustainable dividends, which is perceived as a hot topic. It may be of interest to both individuals and institutions, who often have a longer-term perspective on their investments.
7
Auerswald, Heike, Carsten Schmidt, Marcel Thum y Gaute Torsvik. "Teams contribute more and punish less". Saechsische Landesbibliothek- Staats- und Universitaetsbibliothek Dresden, 2016. http://nbn-resolving.de/urn:nbn:de:bsz:14-qucosa-210034.
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Challenges in global politics like climate change, maritime piracy and fighting highly contagious diseases concern global public goods. The related policy decisions are mostly made by teams. In contrast, economic models of global public goods typically assume a single rational decision-maker. We use a laboratory experiment to compare team decisions to decisions of individuals in a finitely repeated public good game with and without a costly punishment option. Teams of three participants coordinate on decisions either by majority or unanimity rule. We find that in absence of a punishment option teams contribute more to the public good than individuals. With a punishment option subsequently to the contribution decision team treatments exhibit a less frequent use of anti-social punishment and lower levels of social as well as anti-social punishment. Extreme preferences for punishment are eliminated by the majority decision rule. Overall, team decisions are closer to the social optimum and teams yield higher net payoffs when compared to individuals.
8
Gazzo, Castañeda Lupita Estefania [Verfasser]. "Should the person be punished? Defeating conclusions from legal conditionals / Lupita Estefania Gazzo Castañeda". Gießen : Universitätsbibliothek, 2016. http://d-nb.info/1103432508/34.
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Vella, Anthony. "Educate or punish : the case for prison education". Thesis, University of Sheffield, 2005. http://etheses.whiterose.ac.uk/3076/.
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This study attempts to make the case for prison education. During the nineteenth and twentieth centuries a number of theories of punishment were produced. Some of these, namely, those of Emile Durkheim, Michel Foucault, Rusche and Kirchheimer and Norbert Elias are reviewed in this study. It is argued that these theories should lead one to conclude that a sound educational programme is indispensable if we want to realise the benefits claimed on behalf of imprisonment or avoid the ills attributed to it. The initial, rudimentary idea of an education for prisoners goes back to the end of the eighteenth century. A cursory historical review is included to highlight the lack of substantial development in prison education. In order for prison teachers and educators to know what they are really about in their work, they need to know and understand their students, the prisoners, and the context in which they have to teach, the prison. Drawing on a spectrum of scholarship and research this study offers an analysis of these two aspects which, one hopes, will shed some light on why prison fails, with some exceptions, to reform prisoners. The last section reviewsthe content of education `programmes' provided in prisons in the United Kingdom and North America during the last two centuries and makes proposals concerning the kind of regime that is needed to ensure a greater measure of success and the pedagogical approach that fits today's world.
10
Taylor-Miller, Leanne. "Caesarean birth: too posh to push, or punished for not pushing? Exploring women's experiences of caesarean birth". Thesis, University of Auckland, 2010. http://hdl.handle.net/2292/6046.
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Caesarean birth is the mode of delivery for almost a quarter of births in New Zealand (NZ), and as the rate steadily rises, the expectation of a ���natural birth��� remains ubiquitous in society. Research investigating the impact of caesarean birth has previously demonstrated mixed findings regarding psychological outcomes, and recently caesareans have become topical with the addition of the idiom ���too posh to push��� to our lexicon. This implies that caesarean is an easy option, and may have shaped a sense of stigma against caesareans, particularly elective caesareans. The previous research demonstrating differences in psychological outcomes between planned and unplanned caesareans was conducted when caesarean birth was less common, and tended to be quantitative in design. The purpose of this qualitative research was to investigate the experiences of 32 women, including both first-time and non-first time mothers, who have undergone caesarean birth, half planned and half unplanned, in order to gain insight into their perceptions of their experiences and identify aspects that contributed to positive and negative experiences. Semi-structured interviews were used to explore their perceptions, including how they and others have reacted to their caesarean experience. These interviews were analysed using thematic analysis to identify themes to help to understand their experiences. This research supported a number of previous findings regarding caesarean birth including increased rates of induction associated with caesarean birth; differences in initial interaction between mother and infant for planned or unplanned caesareans; trust in medical experts; low occurrence of 'maternal' request for caesarean; and perceptions of societal attitudes towards caesarean. In addition, this research identified themes regarding the roles of expectations and preferences with the actual caesarean or breast feeding experience, influenced by individual and social factors. Negative outcomes were associated with a lack of reconciliation between actual experience, expectations and preferences; while positive outcomes were associated with effective reconciliation, through the development of rationales, applied both prospectively and retrospectively.
11
Shipe, O'Hara. "Crime and the Right to Punish : An American Dilemma". Thesis, Linköpings universitet, Centrum för tillämpad etik, 2011. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-69135.
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This thesis provides an ethical discussion about the merits of rehabilitation as well as retributivism within the modern American penal system. By utilizing arguments by philosophers Ronald Dworkin and Immanuel Kant I conclude that under certain circumstances the seemingly dissimilar approaches of the rehabilitationist and the retributivist can co-exist.
12
Agrawal, Devika. "The Impulse to Punish: A Critique of Retributive Justice". Scholarship @ Claremont, 2015. http://scholarship.claremont.edu/scripps_theses/635.
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This thesis explores the strength of the two major theories of punishment, consequentialism and retributivism. It also explores the two most critiqued systems of punishment in the world: The U.S and Norway. By presenting the idea that retributivism is the only plausible theory that can morally justify the U.S. penal practises, I argue against the theory by incorporating various objections delivered by Antony Duff, Michael Zimmerman, and Jeffrie Murphy. I then explore the question of what could possibly ground the Norwegian justice system, for the answer to this is crucial, if we hope to demand prison reform and tailor our systems to resemble the Norwegian ideal. To answer this question, I present a theory that incorporates the ‘capabilities approach’ as developed by Martha Nussbaum and Amartya Sen, arguing that the Norwegian prison system is grounded in a hybrid theory of consequentialism that aims to enhance our human rights.
13
Alfredsson, Grahn Beata. "Poetic Justice : an outcome in which vice is punished and virtue rewarded, usually in a manner peculiarly or ironically appropriate". Thesis, Konstfack, Ädellab, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:konstfack:diva-7219.
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An emergency is a speeded-up emergence, a state of change that accelerates beyond the control of the system in which it takes place and results in either death or necessary development, for an establishment of a new rhythm. This work is an investigation on the limits and possibilities of contemporary corpus practices. My aim for it is to be reflective of my own ambivalence towards the field in which my silversmithing practice is situated, and to promote the urgency of collaborative craft, in traditional as well as contemporary contexts. This investigation has resulted in the collaborative corpus project Poetic Justice, together with Klara Brydewall Sandquist, promoting two separate feminist agendas, in order to elevate them both and underline their entanglement. One being to manifest and justify women’s anger, and the other to oppose the cult of the individual genius and suggest alternate possibilities in relation to historical corpus in the contemporary field of craft. It is also a way for us to highlight the urgency of supporting, elevating and celebrating each other’s practices and purposes, through a closely intertwined way of working that investigates where objects begin and end, in space as well as in time.
14
Kesselring, Krista. "To pardon and to punish, mercy and authority in Tudor England". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/nq52826.pdf.
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Leidl, Christoph. "Appians Darstellung des 2. punischen Krieges in Spanien : Iberike c. 1-38,1-158a : Text und Kommentar /". München : Ed. Maris, 1996. http://catalogue.bnf.fr/ark:/12148/cb37551389w.
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Th. : Hist. : München : 1991.Revision of the author's thesis (doctoral)--Universität München. "Münchener Universitätsschriften. Philosophische Fakultät für Geschichts- und Kunstwissenschaften, Institut für Alte Geschichte"--Ser. t.p.
16
Wynter, Rebecca Imogen. "'Diseased Vessels and Punished Bodies' : A Study of Material Culture and Control in Staffordshire County Gaol and Lunatic Asylum, c.l 793-1866". Thesis, University of Birmingham, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.522058.
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This thesis examines material culture and control at Staffordshire County Gaol and Lunatic Asylum between c. 1793 and 1866. Staffordshire was one of the first counties to voluntarily establish and operate a modern prison and asylum. The institutions were conceived as holistic approaches to cure. The intentions and practice of both facilities are scrutinised in order to present a synthesis of institutional provision in the county town. This thesis aims to foster a better understanding of the realities of everyday life inside by studying and comparing the `things' that surrounded the prisoner and the patient. By looking at location, space, architecture, dress, the paraphernalia of work and leisure and diet at both establishments; secondary punishments at the prison; and medicine and restraint at the asylum, it is proposed that control was manifested in three different ways at Stafford: implicit, direct and intrusive. These types of control formed three concentric circles that gradually encroached on the body of the inmate. The effectiveness of the three forms of control, and therefore the institution itself, was ultimately dependent on the response of the inmate to their surroundings
17
Côté-Lussier, Carolyn. "The evil, poor, disliked and punished : criminal stereotypes and the effects of their cognitive, affective and behavioural outcomes on punitiveness toward crime". Thesis, London School of Economics and Political Science (University of London), 2012. http://etheses.lse.ac.uk/475/.
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Why does the public so staunchly support harsh criminal justice policies when the social, fiscal and political costs are so great? Individuals in countries such as Canada, the UK and USA continue to want criminal offenders to receive stiffer sentences despite growing prison populations and some indication of lower crime rates (Cullen, Fisher & Applegate, 2000; Donohue, 2007; King, 2008; Raphael, 2009; Tseloni et al., 2010; Useem et al., 2003; Walmsley, 2009). Criminological research has identified cognitive and affective pathways that predict punitiveness toward crime, such as the judged wrongfulness and harmfulness of crime, and moral outrage (Carlsmith & Darley, 2008). The overall contribution of the five papers presented in this thesis is to identify the cognitive, affective and behavioural pathways that link social perception of criminals to punitiveness toward crime. Working at the intersection of social psychology and criminology, the thesis applies theoretical frameworks such as the Stereotype Content Model (Fiske, Cuddy, Glick & Xu, 2002) and Behaviour from Intergroup Affect and Stereotypes map (Cuddy, Fiske & Glick, 2007) to identify the functional relation between social perception and punitiveness. Using different methodologies and at different levels of analysis, this thesis provides strong evidence that the content of criminal stereotypes is associated with specific cognitive (e.g., perceiving crime as being more serious), affective (e.g., feeling anger and a lack of compassion) and behavioural (e.g., wanting to exclude and attack) responses. In turn, criminal stereotypes and their outcomes engender punitive intuitions, decisions and attitudes. These findings reconcile extant criminological research on punitiveness with social psychological research on the function of social stereotypes. This thesis also speaks more broadly to the association between punitiveness toward crime and basic social psychological processes related to interpersonal perception and relations. In this respect, this thesis makes a significant contribution to the study of punitiveness toward crime and has important social policy implications.
18
Zambon, Efrem. "Tradition and innovation: Sicily between Hellenism and Rome /". Stuttgart : Franz Steiner Verlag, 2008. http://opac.nebis.ch/cgi-bin/showAbstract.pl?u20=9783515091947.
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Ariano, Deho Eugenia. "The embargo punished: considerations (already) outdated about an old problem tried to overcome with the Seventh Civil Cassation Plenary (Cassation Judgment No. 3671-2014-Lima)". IUS ET VERITAS, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/123486.
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This article provides a different approach to the debated issue of the criterion of solution of what has come to be called “property not registered vs. embargo registered”. In it, it argues that all the solutions that has been raised (even the adopted as “binding precedent” in the judgment of the Seventh Civil CassationPlenary) are based on an optical error, because they look at the embargo act of a static way, as if it were an act that creates a final situation, forgetting that the embargo is a procedural act that is not an end in itself, but is inserted into the dynamic of the execution process, a process in which the final situation occurs (the awarding of the asset under seizure to the successful bidder or creditor, that is, the acquisition of a real right). Observed, however, theembargo on the dynamic of the executive procedure, as an act that prepares the forced alienation of the asset, is postulated, as a criterion of solution to the problem, that of priority registration (that is, the contained in the first paragraph of the article 2022 of the Civil Code, but with the tempering of the appreciation of good faith), once the annotation of the embargo “reserve priority” to the act of forced alienation of the asset.El presente trabajo pretende aportar un enfoque distinto al debatido tema del criterio de solución de lo que ha venido a llamarse “propiedad no inscrita vs. embargo inscrito”. En él, se sostiene que todas las soluciones que se han planteado (incluso la adoptada como “precedente vinculante” en la Sentencia del VII Pleno Casatorio) parten de un error de óptica, pues miran el acto del embargo de manera estática, como si se tratara de un acto que crea una situación final, olvidando así que el embargo es un acto procesal que no es fin en sí mismo, sino que se inserta en la dinámica del proceso de ejecución, proceso en el cual se produce la situación final (la adjudicación del bien embargado al postor adjudicatario o al acreedoradjudicatario, esto es, la adquisición de un derecho real). Observado, en cambio, el embargo en la dinámica del procedimiento ejecutivo, como acto que prepara la enajenación forzada del bien, se postula, como criterio de solución al problema, el de la prioridad registral (esto es, la contenida en el primer párrafo del artículo 2022 del Código Civil, pero con el atemperante de la apreciación de la buena fe), en cuanto la anotación del embargo “reserva prioridad” al acto de enajenación forzada del bien.
20
Sitren, Alicia. "TESTING DETERRENCE THEORY WITH OFFENDERS: ASSESSING THE EFFECTS OF PERSONAL AND VICARIOUS EXPERIENCE WITH PUNISHMENT AND PUNISHM". Doctoral diss., University of Central Florida, 2007. http://digital.library.ucf.edu/cdm/ref/collection/ETD/id/3609.
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Stafford and Warr (1993) reconceptualized general and specific deterrence into a single theory in which individuals' propensities to engage in criminal behavior are based on some combination of personal experiences with being punished and avoiding punishment and vicarious (or indirect) experiences with being punished and avoiding punishment. The researchers make a substantial contribution to the deterrence literature by accounting for the effect of punishment avoidance when assessing deterrence theory. Despite the theoretical appeal of this restatement, few studies have tested its empirical merit. The current study tests the applicability of Stafford and Warr's model but also addresses several key limitations that still exist in the deterrence literature. The present study was the first of its kind to directly test Stafford and Warr's (1993) model, blending specific and general deterrence, on an offending population. The majority of perceptual deterrence research examines largely pro-social groups. Evidence suggests that offenders may have unique decision-making processes and may be very different from those typically studied in deterrence research. Identifying the relevant deterrents among non-conventional or offending populations has significant policy implications. Additionally, in order to understand the decision-making process of criminals, this study incorporated alternative sanction forms from a rational choice perspective into the deterrence framework. This is a particularly salient point because non-legal costs may be more influential in criminal decision-making than formal sanctions. By examining the deterrent effects of several other factors (besides the traditional variables studied in deterrence models) among a non-conventional population, findings may suggest methods for designing more effective punishments. Therefore, the present study conducted survey research of high-criminality among an adult sample. This dissertation recruited 326 work release inmates from Orange County, Florida, and asked them to complete a written questionnaire. Results from the bivariate analyses revealed some support for the deterrence doctrine and the rational choice perspective. However, more rigorous tests of these predictions revealed no support for deterrence theory. Even though this study concluded that deterrence alone does not adequately predict future offending, the idea of choice was upheld. The results from this dissertation and from several other studies suggest the need for further analysis of the effect of extralegal sanctions on future criminal activity, especially among non-conventional populations. The current study offers suggestions for effective crime control policies and directions on how future research can clarify the inconsistencies between the theoretical predictions of deterrence theory and empirical reality.Ph.D.
Other
Health and Public Affairs
Public Affairs PhD
21
Sweetin, Vernon Harold. "WILLINGNESS TO REWARD OR PUNISH BRANDS AS MODERATORS FOR THE BRAND PERSONALITY DIMENSION OF SOCIAL RESPONSIBILITY". OpenSIUC, 2010. https://opensiuc.lib.siu.edu/dissertations/182.
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AN ABSTRACT OF THE DISSERTATION OF VERNON SWEETIN, for the Doctor of Philosophy degree, DEPARTMENT OF MARKETING, COLLEGE OF BUSINESS ADMINISTRATION, presented on June 23, 2010, at Southern Illinois University at Carbondale. TITLE: WILLINGNESS TO REWARD OR PUNISH BRANDS AS MODERATORS FOR THE BRAND PERSONALITY DIMENSION OF SOCIAL RESPONSIBILITY MAJOR PROFESSOR: Dr. John H. Summey Social responsibility has received empirical support for its addition to the Brand Personality construct. The objectives of this study were first, to compare and contrast attitudinal reactions to varying descriptions of Social Responsibility as a Brand Personality dimension and second, to examine the data for possible moderation effects with the consumers' Willingness to Reward construct and the Willingness to Punish construct, with the latter as a proposed new construct for how consumers' respond to the Brand Dimension, Social Responsibility. The study tested 4 forms of social responsibility in a between-subjects factorial design. The study found that the subjects in the socially responsible condition had a difference in the Willingness to Reward construct when compared to the subjects in the socially irresponsible condition and the control condition. The study's support for the existence of the new moderator Willingness to Punish was found coupled with confirmatory support for Willingness to Reward as a moderator.
22
Antonovych, Myroslava. "The duty to punish human rights violations of a prior regime under international law : post-communist transitional cases". Thesis, McGill University, 1998. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=21673.
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The thesis traces the concepts of such crimes under international law as genocide and crimes against humanity, of individual and collective responsibility for these crimes, and identifies the place of crimes of former communist regimes in Central and Eastern Europe among them. The thesis examines the sources of a duty to investigate and to punish human rights violations of a prior regime in international treaty and customary law which is not affected by a succession of States. An analysis of different methods by which post-communist democracies of Central and Eastern Europe come to terms with their past gives evidence of lustration (screening); condemning a previous regime and banning its ruling party as a criminal organization, and criminal proceedings against Communist Party officials. With specific reference to the example of Ukraine, where there exist valid grounds for accountability of the previous communist regime, it is argued that during the transitional period, justice could be achieved by way of outlawing the Communist Party of Ukraine. The accountability of the previous communist regime would be much facilitated by involving international law standards and international investigating bodies.
23
Antonovych, Myroslava. "The duty to punish human rights violations of a prior regime under international law, post-communist transitional cases". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0022/MQ50920.pdf.
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Smith, Nathaniel Lee Chasteen John Charles. "Cured of the habit by force the United States and the global campaign to punish drug consumers, 1898-1970 /". Chapel Hill, N.C. : University of North Carolina at Chapel Hill, 2007. http://dc.lib.unc.edu/u?/etd,1495.
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Thesis (Ph. D.)--University of North Carolina at Chapel Hill, 2007.Title from electronic title page (viewed Sep. 16, 2008). "... in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Department of History." Discipline: History; Department/School: History.
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Ravenscroft, Penelope Lynne. "Punish and be damned : judicial discretion in juvenile courts : the welfare and punishment dichotomy in England/Wales and Scotland". Thesis, London School of Economics and Political Science (University of London), 2011. http://etheses.lse.ac.uk/785/.
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Judicial discretion is at the heart of a humane criminal justice system, but the latitude exercisable in the UK juvenile courts allowed constructive treatment at one end of the spectrum and penal custody the other. Official acknowledgement of the different culpability of adult and juvenile offenders really began in the middle of the 19th century, and Parliament finally made provision early in the 20th century for this ‘welfare principle’, that reform and welfare rather than punishment were to guide judicial discretion in the decisions and conduct of juvenile criminal courts. This thesis offers an explanation for the varying emphasis given to this principle in England/Wales and Scotland, concentrating on the last 40 years of the 20th century. The lack of implementation of earlier reforms was confronted in two major reports, chaired by Kilbrandon in Scotland and Longford in England and Wales. Although they came to similar conclusions about the causes and the remedies for juvenile delinquency, and their subsequent legislation shared the same general philosophy, the implementation took diametrically different routes in the two jurisdictions. It is argued that deep-seated cultural and historical differences played a significant role both in legislative reforms and their application, coupled in Scotland with a conjunction of agency and political pragmatism that produced radical reforms. Significant factors implicated in the failure of the English reforms were political ambivalence towards the legislation; judicial/magisterial resistance or lack of training, particularly on child development; the absence of accountability in the magistracy; and the influence exercised by the Magistrates' Association. The research draws on archival papers and research literature, supplemented by interviews with key people. It has sought to find the origin of some influential ideas and explain their acceptance or rejection by the lay justices, through their exercise of judicial discretion. As there were further Acts related to juvenile defendants in both jurisdictions in the 1990s, the research was concluded with a consideration of their implementation.
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Moller, Cord-Hendrik. "South African obligation under international law to prosecute and punish perpetrators of gross human rights violations and to provide compensation for victims". Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/4721.
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Countries undergoing a transitional process face multiple problems and challenges. The process of transformation from a dictatorial, anti-democratic or authoritarian state into a constitutional democracy which respects the rule of law and the fundamental human rights of its citizens is a difficult and strenuous one. Often equipped with only limited financial resources, many newly elected, democratic governments find themselves confronted with a variety of urgent problems waiting to be resolved: the civil service and the judiciary need to be restructured or reformed, jobs must be created for the hundreds of thousands of unemployed, the economy must be put back on the right track and the poor have to be provided with housing, food and health care. While the extent and nature of these and other challenges naturally vary considerably, depending on the circumstances and the specific situation of the state concerned, there is one issue which has to be faced almost inevitable by every transitional society: the question of how to deal with its own troubled past. Broadly speaking, there are three different approaches for dealing with a burdensome past. Firstly, there is the option to move on, to focus on the future and simply to forget the conflicts of the past. This option is generally characterised by a general amnesty for the perpetrators of the old regime, shielding those who committed atrocities and gross violations of human rights from any criminal prosecutions. Spain is probably the most prominent example for a country having chosen this way but amnesty laws have also been passed, inter alia, in Argentina, Brazil, Chile, Guatemala, Sierra Leone and Uruguay. Secondly, there is the option to prosecute and punish gross human rights offenders and to hold accountable the members of the old regime. In Greece for instance, 18 Generals were convicted for high treason only months after the end of their military dictatorship. Ethiopia is another example for a country having opted for this approach while Rwanda has decided to reappraise its gruesome past by a combination of international and national criminal prosecutions. Finally, there is the option to employ alternative mechanisms and procedures like truth commissions and other non-penal measures. This is, so to speak, the middle course between the two extremes of general amnesties and criminal prosecutions. Numerous truth commissions have been set up so far in countries as different as Argentina, Chile, Guatemala, Timor-Leste, Morocco, Sierra Leone or South Africa, just to mention the most prominent examples. As divergent as these commissions in each of these different countries might have been, they all were established to investigate and verify past human rights violations, to give victims of grave human rights abuses a forum to tell their stories and to acknowledge officially what happened during certain dark and painful periods in their respective countries' histories. This option tries to strike a balance between the need to reappraise a country's past on the one hand and the necessity to preserve its still young and vulnerable democracy on the other.
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Cerveira, Fernanda Pessôa. "Fundamentos do poder administrativo sancionador : o exame da culpabilidade na infração administrativa". reponame:Biblioteca Digital de Teses e Dissertações da UFRGS, 2005. http://hdl.handle.net/10183/7507.
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Este trabalho aborda a atividade sancionadora da Administração Pública e a necessidade de apreciação da culpabilidade para aplicação da sanção administrativa. Procede-se a uma análise dos fundamentos e conteúdo do Poder Sancionador da Administração Pública, em especial à culpabilidade do agente como elemento da infração administrativa. Defende-se, como regra, a necessidade de apreciação do elemento subjetivo do agente para aplicação da sanção administrativa, sob a ótica constitucional, enquanto garantia do administrado e decorrência da dignidade da pessoa humana.This study deals with the punitive activity of the Public Administration and the need to appraise culpability as an element of administrative violations. It undertakes a broad analysis of the basis, content and limits of the punish powers of the Public Administration in the Brazilian legal system. It defends, as a rule, the need for an appraisal of the subjective element of the agent in the application of administrative sanctions, from a constitutional viewpoint,as a guarantee for those administered and out of respect for the dignity of the human person.
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Pemberton, Sarah. "Indiscipline, punishment, gender and race : examining Discipline and Punish in the context of the prison systems of the United States, and England and Wales". Thesis, University of British Columbia, 2011. http://hdl.handle.net/2429/33195.
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This dissertation explores how the changing philosophy and practices of criminal punishment in the United States, England and Wales reflect broader techniques and relations of power in these societies. Two questions motivate this research: firstly, the extent to which Michel Foucault’s account of power and the prison is applicable now; and secondly, whether Foucault's later work provides an adequate conceptual framework for theorizing the aspects of power that he either overlooks or inadequately addresses in Discipline and Punish. I identify three trends in criminal justice over recent decades that challenge Foucault's account of penality: sharply rising incarceration rates, prison privatization, and the racialized and gendered nature of prison populations. I argue that although Foucault's concept of disciplinary power remains applicable, a fuller understanding of contemporary penality requires an analysis of how race and gender are constituted through biopower, and of how neoliberalism has shaped penal policy and contributed to greater socioeconomic inequality.
Although I conclude that Foucault's theorization of power and the prison in Discipline and Punish is inadequate in light of the racialized and gendered nature of power relations in both historical and contemporary criminal justice systems, I draw on his later work to re-theorize power and inequality. I argue that Foucault's analysis of sex, sexuality, and race provides a valuable conceptual framework that generates important insights, particularly through the concepts of biopower and state racism. However, I critique aspects of Foucault's later work, arguing that his analysis of race is inattentive to the inter-relation of race, class and capitalism; that his analysis of sex and sexuality overlooks the question of gender; and that his account of neoliberalism is more descriptive than analytical. I therefore combine the conceptual framework provided by Foucault with insights from feminist theory, queer theory and critical race theory to show how racialized, gendered and sexed identities become constituted within institutions such as the prison. My conclusion is that criminal justice and prison systems serve to construct and reinforce racialized and gendered identities, and thereby contribute to racialized and gendered inequalities that extend far beyond the prison system.
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Silva, Júnior Manoel Bezerra da. "EDUCAÇÃO NA PRISÃO". Pontifícia Universidade Católica de Goiás, 2011. http://localhost:8080/tede/handle/tede/1028.
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Previous issue date: 2011-09-29This research is linked to the research line Education Society and Culture Graduate Program in Education at the Catholic University of Goiás and has as its object of study Education in Prison. The formation of the Absolutist State from the clump of feudal societies and the transition state of this model to the so-called rule of law created in the eighteenth century, the importance of state structure that justified the creation of a prison sentence. The formation of the rule of law as an institution under a legal concept. State power and a confrontation with the notions of power in the design of Michel Foucault. The presence of the power to punish as a link between the two models of state, as well as relations of power with the construction of so-called disciplinary societies. The issue of education within the prison and implemented speech and the rule of law by educators around the return of the convicted individual to social life, the process of training to which this subject is in prison. Preparation of a study based on a methodology based on a literature search. The central question about the role of education within the prison environment. The research still needs further study.
Esta pesquisa se vincula à linha de pesquisa Educação Sociedade e Cultura do Programa de Pós-Graduação em Educação da Pontifícia Universidade Católica de Goiás e tem como objeto de estudo a Educação na Prisão. A formação do Estado Absolutista a partir do aglutinar das sociedades feudais e a transição deste modelo estatal para o denominado Estado de Direito criado no século XVIII, a relevância desta estrutura de Estado que fundamentou a criação da pena de prisão. A formação do Estado de Direito como instituição sob uma concepção jurídica. O poder estatal e um confronto com as noções de poder na concepção de Michel Foucault. A presença do poder de punir como um elo existente entre os dois modelos de Estado, bem como as relações desse poder com a construção das chamadas sociedades disciplinares. A problemática da educação dentro do cárcere e o discurso implementado pelo Estado de Direito e pelos educadores em torno do retorno do indivíduo condenado ao convívio social, o processo de adestramento a que este se sujeita dentro da prisão. Elaboração de um estudo baseado numa metodologia fundamentada em uma pesquisa bibliográfica. O questionamento central sobre qual o papel da educação dentro do ambiente prisional. A pesquisa ainda precisa de mais estudos.
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Adams, Joseph Q. "Retribution Requires Rehabilitation". Digital Archive @ GSU, 2008. http://digitalarchive.gsu.edu/philosophy_theses/35.
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Herbert Morris argues in his influential retributivist paper, "Persons and Punishment," that criminals deserve punishment because their actions represent an unfair distribution of benefits and burdens in society. The proper distribution of benefits and burdens is important, in part, to restore law abiding citizens’ confidence that others will follow the law. In this paper I show that Morris's argument for why criminals deserve punishment morally requires us to set up an institution of rehabilitation in addition to the institution of punishment. Such an institution is morally required because neither pure punishment systems nor punishment systems that incorporate quasi-rehabilitative aspects have ever worked to uphold the necessary confidence that Morris tells us law abiding citizens must have in order to protect the social order. Moreover, we cannot abandon Morris's appeal to the duty to maintain social order without also abandoning a plausibly Morrisian framework.
31
Lima, Raquel da Cruz. "O direito penal dos direitos humanos: paradoxos no discurso punitivo da Corte Interamericana de Direitos Humanos". Universidade de São Paulo, 2014. http://www.teses.usp.br/teses/disponiveis/2/2135/tde-11022015-101642/.
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O objetivo deste trabalho é analisar decisões da Corte Interamericana de Direitos Humanos que tratem do dever de os Estados investigarem e punirem os responsáveis por violações de direitos humanos. Considera-se que o Sistema Interamericano tem tido um papel de destaque no processo de desenvolvimento de uma norma internacional que determina a responsabilidade criminal individual por violações de direitos humanos. Mesmo com todas as mudanças políticas ocorridas nos países que aceitam a jurisdição da Corte IDH, esta pesquisa identifica que o direito penal tem sido um tema marcante na jurisprudência interamericana, tanto na apuração da responsabilidade estatal quanto na imposição de medidas de reparação. Mesmo assim, quando se comparam diferentes tipos de casos que lidam com a atuação da justiça criminal, paradoxos e lacunas na visão que a Corte Interamericana tem do direito penal começam a emergir.The aim of this work is to analyze the decisions of the Inter-American Court of Human Rights dealing with the duty of States to investigate and punish those responsible for human rights violations. It is taking into account that the Inter-American System has had a prominent role in the development of an international standard establishing individual criminal accountability for human rights violations. Even with all the political changes in the countries that accept the jurisdiction of the IACHR, this research identifies that the criminal law has been a striking matter in the Inter-American jurisprudence, both in the establishment of state responsibility as the imposition of remedial actions. Still, when comparing different types of cases that deal with the criminal justice, paradoxes and gaps in how the Inter-American Court oversees the criminal law begin to emerge.
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Silvano, Carolina. "O impasse feminino nas personagens de Eça de Queirós: entre o desejo e o dever". Universidade do Estado do Rio de Janeiro, 2008. http://www.bdtd.uerj.br/tde_busca/arquivo.php?codArquivo=4001.
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O tema principal de nosso trabalho é o estudo de três mulheres na obra de Eça de Queirós: Luísa, Amélia e Maria Eduarda. Para isso, é preciso situar o tempo e o contexto em que essas mulheres, divididas entre o desejo e o dever, se inserem. A leitura de alguns pensadores do século XIX foi fundamental para compreendermos os principais aspectos da sociedade portuguesa do século XIX: a família, a educação, o ócio e a ausência de papel social da mulher. Feito isso, foi necessário recorrermos aos estudos biográficos para compreendermos a importância e o lugar que essas mulheres tiveram na vida do escritor.The main subject of our work is the study of three women in the work of Eça de Queirós: Luísa, Amélia e Maria Eduarda. To do this, it is necessary to consider the time and enviroment in which, between the desire and obligation, those women live. The reading of some thinkers of the XIX century was fundamental to understand the main aspects of the Portuguese society of the XIX century: such as family, education, the idleness and the lack of social role of Portuguese women. In such way, it was necessary to analyze some biographical studies to learn the importance which those women had in the writers life.
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Alves, Joaquim Dias. "A tutela constitucional da investigação criminal". Pontifícia Universidade Católica de São Paulo, 2016. https://tede2.pucsp.br/handle/handle/18819.
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This work aims at studying the criminal prosecution, the application of constitutional principles of Democratic Rule-of-Law State and their effects on the constitutional legal system. In order to accomplish this goal, we started off by researching the origin and organization of the State, from ancient Greece to the beginning of the XXI century. Then, we looked for, in the origin of constitutional law, the fundamental and criminal procedural principles which establish the criminal prosecution of the State and the legal relationship among the branches of Public Law. In the Democratic Rule-of-Law State, the procedural instrumentality of the application of substantive law follows several principles. Among them, human dignity, due legal process, and full legal defense as foundation of law and justice. We found out that, to perform the prosecution, the Democratic Rule-of-Law State has bodies that carry out these important functions. They are: the judicial police, which investigates criminal offenses and their authors; the Public Prosecutor Office, as a permanent safeguard of legality, proposing the criminal action; the lawyer, to defend the rights and guarantees of the accused and finally, the Judiciary, performing judicial functions, applying the law to each specific case, and exercising the State’s right to punish. In this study, we also tried to examine the criminal investigation from the point of view of the procedural legal character, and its legality, in the procedural legal relationship. We carried out a historical study of the evolution of investigation up to the emergence of police inquiry and the judicial police, the latter as the institution in charge of that function, which is constitutional, today. Finally, we sought to establish that the criminal investigation in the processing of police inquiry is essential not only for the prosecution, but as prerequisite for criminal prosecution
O presente trabalho tem por objetivo estudar a persecução criminal, a aplicação dos princípios constitucionais do Estado Democrático de Direito e seus efeitos no sistema jurídico constitucional. Para realizarmos esse objetivo iniciamos pesquisando a origem e a formação do Estado, desde a Grécia Antiga até o século XXI. Em seguida buscamos, na origem do direito constitucional, os princípios fundamentais e processuais penais, que estabelecem a persecução penal do Estado e as relações jurídicas entre os ramos do Direito Público. No Estado Democrático de Direito, a instrumentalidade processual de aplicação do direito material segue vários princípios, entre os quais se destacam a dignidade humana, o devido processo legal e a ampla defesa como pilares do Direito e da Justiça. Verificamos que para executar o direito de punir, o Estado Democrático de Direito possui órgãos envolvidos nessa função como a polícia judiciária, que apura as infrações penais e sua autoria; o Ministério Público, como fiscal permanente da legalidade e titular da ação penal; o advogado, na defesa dos direitos e das garantias do acusado e, ao final, o Poder Judiciário no exercício da função jurisdicional para aplicar o direito ao caso concreto e exercer o direito de punir do Estado. Neste estudo analisaremos também a investigação criminal do ponto de vista da natureza jurídica processual e da legalidade na relação jurídica processual. Realizamos ainda um estudo histórico sobre a evolução da investigação até o surgimento do inquérito policial e da polícia judiciária como órgão encarregado dessa função atualmente constitucional. Por fim, procuramos estabelecer que a investigação criminal no procedimento do inquérito policial é essencial não apenas para a persecução, mas como um pressuposto imprescindível da ação penal
34
Pope, Madelaine Rose. "Discipline and Surveillance of Non-Docile Heroines in Elizabeth Gaskell's North and South and "The Poor Clare" and Sheridan Le Fanu's The Rose and the Key". Bowling Green State University / OhioLINK, 2019. http://rave.ohiolink.edu/etdc/view?acc_num=bgsu1555425363078989.
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Ramos, Netto Justino de Mattos. "O direito à educação dos presos no Brasil: perspectivas do direito ao acesso à educação no sistema prisional e a atual normatização processual e de execução penal". Pontifícia Universidade Católica de São Paulo, 2006. https://tede2.pucsp.br/handle/handle/7157.
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Previous issue date: 2006-05-26nenhum
This present study aims to look at the importance of the right to education of prisoners in relation to the criminal procedural norms granted by the Brazilian constitution which guarantees universal access to basic education. The objective of this study is to demonstrate that education of prisoners make them less likely to re-offend because it facilitates their re-integration to their community at the end of their prison sentences. As a consequence, the whole society can benefit from the implementation of the right of education of prisoners. The method of study employed involved the analysis of other research and references addressing the problem of education of prisoners in Brazil, the analysis of the constitutional rules and of criminal proceedings in the past and present time, giving a historical view of the evolution of criminal procedural laws in Brazil. Moreover, this research investigates some models of public administration which put into practice education polices and techniques as a means to integrate prisoners in society. Finally, it highlights the need to support the agents who will be directly dealing with the education of prisoners and offers alternatives
O presente trabalho acadêmico busca estudar a importância do direito à educação dos presos e as conseqüentes perspectivas das normas processuais penais e de execução penal em relação a esse direito constitucionalmente previsto pela Constituição brasileira. Afirma a importância, no atual Estado Democrático de Direito, de obedecer aos ditames da Constituição Federal de fornecer indistintamente a qualquer pessoa o direito à educação fundamental. Desenvolve, por meio de pesquisas bibliográficas, estudos acerca da educação na norma constitucional brasileira atual e suas raízes históricas, bem como sua interligação com o direito processual penal e de execução penal, além de discorrer sobre a própria evolução dos princípios do direito processual penal na Constituição brasileira vigente. Busca apontar os fins do processo penal e a necessidade da plena observância do princípio da dignidade da pessoa humana em relação à educação, demonstrando, ainda, como é importante educar os prisioneiros que estão atualmente descontando pena privativa de liberdade em regime fechado, para com isto facilitar a sua ressocialização. Estuda as decisões jurisprudenciais e seus embasamentos teóricos em relação ao instituto da remição pelo estudo e sua aplicabilidade em face do ordenamento jurídico. Aponta a necessidade de fornecer integral apoio às condições de acesso à educação do preso como finalidade de agir das políticas públicas na melhoria da sociedade, pautada pelos princípios da igualdade e da legalidade que constituem verdadeiros requisitos para a existência do Estado Democrático de Direito. Indica, ainda, o presente trabalho acadêmico a real importância da educação do preso como forma de prevenção criminal, inclusive com a diminuição da reincidência no crime
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Malchiodi, Emmanuel William. "Paul Verhoeven, media manipulation, and hyper-reality". Honors in the Major Thesis, University of Central Florida, 2011. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/467.
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Does the individual really matter in the post-modern world, brimming with countless signs and signifiers? My main objective in this writing is to demonstrate how this happens in Verhoeven's films, exploring his central themes and subtext and doing what science fiction does: hold a mirror up to the contemporary world and critique it, asking whether our species' current trajectory is beneficial or hazardous.; Dutch director Paul Verhoeven is a polarizing figure. Although many of his American made films have received considerable praise and financial success, he has been lambasted on countless occasions for his gratuitous use of sex, violence, and contentious symbolism--1995s Showgirls was overwhelmingly dubbed the worst film of all time and 1997s Starship Troopers earned him a reputation as a fascist. Regardless of the controversy surrounding him, his science fiction films are a move beyond the conventions of the big blockbuster science fiction films of the 1980s (E.T. and the Star Wars trilogy are prime examples), revealing a deeper exploration of both sociopolitical issues and the human condition. Much like the novels of Philip K. Dick (and Verhoeven's 1990 film Total Recall--an adaptation of a Dick short story), Verhoeven's science fiction work explores worlds where paranoia is a constant and determining whether an individual maintains any liberty is regularly questionable. In this thesis I am basically exploring issues regarding power. Although I barely bring up the term power in it, I feel it is central. Power is an ambiguous term; are we discussing physical power, state power, objective power, subjective power, or any of the other possible manifestations of the word? The original Anglo-French version of power means "to be able," asking whether it is possible for one to do something. In relation to Verhoeven's science fiction work each demonstrates the limitations placed upon an individual's autonomy, asking are the protagonists capable of independent agency or rather just environmental constructs reflecting the myriad influences surrounding them.B.A.
Bachelors
Arts and Humanities
Humanities
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Helas, Sophie [Verfasser]. "Die punischen Häuser in Selinunt : Wohnen zwischen punischer Tradition und griechischem Einfluß / vorgelegt von Sophie Helas". 1999. http://d-nb.info/975578561/34.
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Hickey, Colin Daniel. "Punished". 2005. http://www.lib.ncsu.edu/theses/available/etd-11302005-154858/unrestricted/etd.pdf.
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YANG, YA-WEN y 楊雅雯. "The Influence On Key Audit Matter After The Accountant Being Punished". Thesis, 2018. http://ndltd.ncl.edu.tw/handle/n4f9n2.
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碩士國立中正大學
會計與資訊科技研究所
106
Accountants are punished by the authorities for preventing them from making mistake again, auditing more carefully, and complying with the audit guidelines. Although the management is responsible for preparing financial reports, through professional accountants’ auditing can increase the confidence of users of financial reports .The key audit matter is the most important items for each company's audit situation. So each company may has different key audit matter. Therefore, the purpose of this paper is to examine the influence on key audit matter after the accountant being punished by authority. The empirical results show that the items or length on key audit matters have no difference between industry specialization auditor be punished and unpunished accountants. The key audit mattes issued by Big4’s sanction auditors are lower than unpunished auditors. And the longer announcement of disciplinary determination, the less key audit matters will be issued.
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Chen, Chien-Lung y 陳建龍. "A Case Study of the Cartels Punished by the Fair Trade Commission". Thesis, 2008. http://ndltd.ncl.edu.tw/handle/14114414943551715189.
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碩士淡江大學
會計學系碩士在職專班
96
The Cartels for enterprise is a typical way of restricting the competition. And this is commonly seen in industrially advanced countries, that the Cartels directly restrict the fair competition in the market and indirectly affecting and rights and privileges of consumers. Since the deployment and implementation of fair trade law, the performance of it evidenced its effectiveness, nevertheless the unlawful Cartels behaviors still exist, even with frequent occurrences. Whether the occurrence is propelled by huge unlawful profits or the sanctions and fines for these behaviors are not effective, hence, this research adopts the “comparative case study” approach, which indicated that between the year of 1999 to 2007 the Cartels sanction cases which had the representative indicators were selected for this study. These include three types of large scale industry：The Trade association, providers for gaseous fuel suppliers and preprocessed concrete industry. And the five cases selected for study purpose are those imposed with large fines. First of all, this study is to explore the main cause and purpose for the formation of individual case in the Cartels, and point out the laws that govern this specific behavior in addition to the considerations for the decision behind the sanctioning these behaviors, which are based on the “Reference table for the amount of sanction and fine imposed” by Fair Trade Commission. These rules are used to evaluate similar sanction cases or relevant ones, and they may even take a different approach in consideration in regards to those rulings from administrative court. And comparative analysis is taken to evaluate the performance of Fair Trade Commission. Additionally, from the accounting standpoint, this research is to quantify several items which are considered or referenced for sanctions and fines imposed by Fair Trade Commission, in addition to reference those sanction rulings and standards adopted by advanced countries. And the ensued recommendations are to be submitted for future reference. Through the research process, the following findings can be summarized: (A) First of all, the causes of Cartels behavior, these include: (1) Similarity in the product or product line; (2) Majority of the products are daily necessities of the general populace; (3) Fewer manufacturers or business association were involved; (4)Except those in the oil business are the enterprises of monopoly in nature, the rest achieve their market centralization through the Cartels business maneuvering. In the midst of all, the (2) items are basically “General populace necessities” in nature, therefore the consumers are placed in an inferior status when bargaining and unable to unite to fight back the Cartels pricing practices, and only can be the receivers for the adjusted prices. These are the main findings in this research. (B) The Cartels behavior’s main purpose lies at： (1) To assure the existing profitability and prevent the newcomers from entering the market; (2) Maintain status quo of market shares for the existing Cartels partners; (3) Through raising the price in order to acquire undue profits. (3) And this research finds that the majority of the Cartels behaviors are similar to those of “Price unification”, and the occurrence of Cartels behavior is primarily to acquire undue profits and through the price gauging and private agreements between business partners, this goal can be achieved as result. Additionally, in the selected case study of two Cartels violations, i.e. the barreled gas packaging factories, the comparative study finds that “Reference table for the amount of sanction and fine imposed” can be adopted as the quantified baselines for evaluating the violation of appropriate laws. And this is also objective from perspective of this thesis. Since the Fair Trade Commission abolished this reference table on Dec. 15, 2006, and this act itself is found to increase the uncertainty for dispute resolution from the perspective of arbitration of future law violation cases. And this indeed is worth of further study and investigation. And the Executive Yuan’s appraisals for Fair Trade Commission are positive and encouraging, only withhold different point of view in regards to the amount of sanctions imposed. From these, this Reference table for the amount of sanction and fine imposed possesses the attributes of appraisal. The need to further enhance this table in the area of supporting the objectivity of imposing the sanctions and ensure to exemplify its effectiveness is justified after all. And the upper limit of the fine resulted from violating the sanctions, the first time offender is set at 2.5 Million NTD, repeat offender’s upper limit is set at 5 Million NTD. Nevertheless, this seems to be not working in light of predicted performance in clamping down the offenses. And repeated violations, especially those of aggravated Cartels behaviors, should be imposed with heavy sanctions and fines. In addition, more effective arbitrations should be administered to lessen the repetitive occurrences of Cartels behaviors. For instances, in US and Germany, they implemented sanctions and fines with the upper limits as high as three times the damages or profits acquired from illegal Cartels practices, since these sanctions and fines are directly impacting the unlawful profits garnered, and are predicted with better performance in suppressing the unlawful practices. Alternatively, from the accounting perspective in analyzing the items and the ramification behind the tables referenced by Fair Trade Commission, in these, the acquired profits through unlawful practices, the period that the trading order is maintained and persisted, in addition to the market share for the enterprise in interest; these three items can be quantified, and less disputes would be incurring. And these should be taken in as the main evaluating factors for appraising the unlawful profits. And other items can be used as the references for either increasing or decreasing, even imposing treble damages. Such as： To facilitate the administrative arbitration, it can copy and reference the European Alliance’s rules. In addition to reference the ramifications within the table itself, it can also reference the upper limit of the percentages which are the sales volumes for those who participating unlawful Cartels practices. This way should prevent the excessive and unneeded sanctioning and would result with negative impacts to the overall enterprise development. As for the difference of opinion between Fair Trade Commission and Executive Yuan in regards to sanctions and fines, and this is resolved by Fair Trade Commission’s actively and aggressively negotiating with the judicial organizations. In the process, the contents and ramifications, even the evaluating standards which the sanctions and fines are based upon, are clearly stated as result. For those exceptions that are unique, they adopted the arbitration suggestions from judicial organizations and increase the amount of fines accordingly. And this also invites the courtesies from judicial organizations in honoring the administration’s law prescription rights and ensued execution of the law, centering on the sanctions from the executive discretions. Lastly, the analyzed sanction cases in this study are mostly cases of general populace necessities, affected by subjective factors both domestic and foreign. As for how to effectively stop these unlawful practices, it not only requires increasing the fines from each violation, since the government holds different point of view from the perspective of industry policy, targeting the industry’s characteristics, and demand & supply connections. Therefore, the corresponding policies for adjusting the supply and demand factors should be proposed accordingly in this regard.
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Wang, Chiu-wei y 汪哲緯. "The Research of Domestic Military Punish System". Thesis, 2015. http://ndltd.ncl.edu.tw/handle/8chsfw.
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碩士國立中正大學
法律系研究所
104
There are few cases for revoking military punishment by administrative law, similar punishment which been revoked by Domestic Military Committee are even more. It is an important issue to implement appropriate process currently. After the death of Hung Chung-chiu, the regulation of military punishment are being followed very closely at the first time. With all attention by our society, those problem of punish regulations, which had actually existing for so long, are being aware by public eventually. The law of armed force had been third reading approved by government on April 21, 2015; and will goes practice since May 8, 2015. The adjustment are to subjoin the regulations, increase the advance process, and to make the way of relief more complete. However, if the adjusted law could really realize our purpose effectively: to reach the balance for military management and the right of military man, we will discuss it with the topic ”The Research of Domestic Military Punish System”. The Research start with the introduction of domestic military punish system nowadays; Second, we goes on discuss the Principle of Reservation by the Judges, specially focus on the classification of punishment which been bind with the principles; Third, we will discuss if the Process of Habeas Corpus Act could be well practicing since July 8, 2014, which the Habeas Corpus Act been first time practice. Next, to see the appropriate administrative process, and to compare the differences of the law before adjustment, then to verify the principle would been practice appropriately from now. Moreover, we will review all defect for previous punish cases, find out the reasons and the conflicts when practicing the punishment. At the last, we will make a brief advice and opinion after all discussion, to propose some feasible advice to fulfill the deficiency, expecting to help the punish system be practice well effectively and appropriately.
42
Kao, Cheng-Min y 高政民. "Who should be punished: A relation of bidders’ financial characteristics, earnings management policy, and market preference". Thesis, 2004. http://ndltd.ncl.edu.tw/handle/96621532681788323913.
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碩士國立暨南國際大學
財務金融學系
92
Erickson and Wang (1999) claimed that acquirers are usually motivated to undertake earnings manipulation strategy to favor their stock prices for the reduction of their merger costs. Meanwhile, scholars such as Lin and Piesse (2003) suggested that the stock market tends to prefer the non-distressed acquirers to the distressed ones around their announcement dates in terms of the sizes of their cumulative abnormal returns (CAR). As acquirers’ financial strength and accounting management are two of their post-merger performance indicators, little attention has been attracted to the combined power of the two factors over the acquirers’ market values as well as jointly testing market efficiency hypothesis. This paper attempt to fill in this academic gap by classifying acquiring companies in US during 1997-2002 into four groups based on their financial statuses and degrees of earning manipulation right before their merger announcement dates, and examining the market reactions to them respectively. Empirical results surprisingly show that the market in general prefers non-distressed acquirers to distressed ones. In addition, acquirers with highest degrees of earnings manipulation secured highest CAR in non-distressed group in the short-term, opposite to those in distressed group. Evidence suggests a market preference phenomenon that is firstly illustrated in merger literature.
43
Tsai, Ping-Ting y 蔡娉婷. "Discipline or Punish : Reconsider Torture of Gong-An". Thesis, 2010. http://ndltd.ncl.edu.tw/handle/43754204629886636171.
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博士國立中央大學
中國文學研究所
98
This article is based on the power theory of Foucault, to analyze the appearance of torture under each stage and place, and to analyze the reason why the torture writing developed, under the oppressive and distortion by traditional autocratic governance to make the unique character of people and the special torture writing phenomenon. This article will present four interpreted codes from the torture writing phenomenon of China complicated legal cases which are, “The presentation of Power and Torture”, “The Bearing of Crime and Injustice”, “The Humanity of Careless and Bloody”, “The Alert of Retribution and Sentence”. There are autocratic force from the ruler, the selfish and cowardice character from people, to interweave complicated humanity and law net, and to cause a series of thoughts of politics, law, and power of rules and punish, to prove that how the Chinese traditional society to pass the crazy wanton cruelty to the body from the cruel torture, how accomplish the invisible violence to the mental, to reach the goal to rule and teach the people.
44
OU, YI-CHUN y 歐枱均. "The View of Power on Foucault’s Discipline and Punish". Thesis, 2018. http://ndltd.ncl.edu.tw/handle/6sspg3.
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LU, BO-TSUN y 盧柏村. "The Analysis of Power in Foucault’s Discipline and Punish". Thesis, 2018. http://ndltd.ncl.edu.tw/handle/qhk87j.
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碩士華梵大學
哲學系碩士班
106
In Discipline and Punish, Foucault showed three types of power operation modes (torture, penalty reform, prison) in virtue of three different punishment models (sovereign power, contractual power, disciplinary power). Such three different types of power operation modes respectively correspond to three stages of France in modern and contemporary times, namely, the classical period, the reform period and the modern times. Although the tortures being stated in Discipline and Punish no longer exist in the modern society, and we did not witness the punishment theaters being imaged by reformers, Foucault merely utilized historical development in three different periods to present three different punishment methods. Despite the absence of specific methods for some punishments, the operation of power does not disappear. Therefore, the framework of this paper will also be arranged according to historical order. Instead of querying “what is power” and “where does it come from”, we should ask “how power is wielded”. Consequently, the paper does not focus on discussing the nature of power nor places focus on Foucault. Based on the problem of “how to demonstrate power”, the paper will analyze and discuss Foucault’s ideas of power.
46
HSU, CHIA-WEI y 胥佳瑋. "Friendly Compensation Committee and Asymmetric Benchmarking in Compensation: Executives are Payed for Good Luck but not Punished for Bad". Thesis, 2016. http://ndltd.ncl.edu.tw/handle/52760149281874596352.
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碩士東海大學
會計學系
104
In 2011, Financial Supervisory Commission (FSC) requires listed companies in Taiwan to establish compensation committee. The FSC expects that members of compensation committee will use their expertise and their roles as outsiders to monitor executives by setting effective compensation contracts. In this paper, I hand collect the information whether the majority of members of compensation committees have social ties with executives as the proxy for friendly compensation committee. Using the sample from 2011 to 2013, the empirical results indicate that executive compensation ties to luck when firms have friendly compensation committees. Furthermore, I find that there is less pay for luck when luck is down than pay for luck when luck is up. The results of this study are consistent after control for endogenous problem. Overall, the results suggest that FSC or investors need to consider social ties between executives and members of compensation committees when appoint a new compensation committee member.
47
Lin, Yi-Yan y 林奕延. "Depth Psychology of the Will to Punish: A Psychoanalytic Approach". Thesis, 2018. http://ndltd.ncl.edu.tw/handle/327c69.
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碩士國立臺灣大學
法律學研究所
106
‘The Will to Punish’ might be one of the most ancient foundations of criminal law, but which is completely absent from comtemperary criminal discussion. Criminal law scholars tend to treat subject of law as ‘rational being’, althought the desire to serverely punish criminals remains as mystery. The theory of desire in psychoanalysis points out the spilting of the subject: the desire to punish must be the desire of the ‘Other’, which is inseparable from the civilized society supported by language. Nietzsche analyses the punishment through the conception of debt, tells that surplus pleasure must lie behind retributive justice, like the surplus value in Max’s economic theory, demonstrating the fantastic structure which supports the will to punish. Punishment always leads to possible exports guaranteed by civilization, such as the unity of the community or the symbolic gesture of "security", presenting a desire economy of neurosis. However, the will to punish is nothing more than a disguise, concealing the endless repetition of drive which lies behind the scene of desire. Freud found that aggressiveness and morality all derived from the same root, which evolved at different stages of the death drive; the requirement of acquiring morality to constrain the aggressiveness will inevitably lead to failure, because these two are homologous in essence. Kristeva''s conceptualization of Abject analyzes how death drive performes in different social cultures. To fight for subjectivity, infant must experience painful struggles before separating from mother and successfully establishing its own boundaries, as the mother''s tolerance and engulfing are only one line apart. She/he must expel the femininity that surround herself and provide total satisfaction, in order to stabilize the fragile narcissistic self. The abjection effect is fully embodied in the establishment of various ritual margins. The reason why the monsterous crime is abjection is that it reflects the fragility of the legal boundary and the fear of frontier violations of the subject itself. The will to punish is therefore related to the subject''s deepest need to establish itself, and there is no moral evaluation of good or evil. Moreover, the "new subject" which was born in the era of transforming Other(Autre), wuthout anchoring itself through the symbolic function of society, she/ he wander besides the obscure blink of narcissistic identifiaction. For establish its own fragile subjectivity, more intense abjection is required. At last, how should people deal with the will to punish others? Psychoanalysis found that whether it is to repress or to indulge in punitive fantasy, the sense of gulit is always inevitable. Although religious, scientific or artistic sublimation can find a reasonable export for desire, it cannot take us further on the road of desire. Psychoanalysis points out the impossibility of understanding others and ourselves, but it provides the possibility that the subject can pry into the core of one''s desires, although in the end the seemingly mysterious kernel is only a vacancy, highlighting the state of helplessness (Hilflösigkeit).
48
Swanson, Victoria Helen. ""I can't be punished anymore" exploring incapacity and carceral formations in Samuel Beckett's Endgame, Happy Days, Play, Not I, and Catastrophe /". 2009. http://trace.tennessee.edu/utk_gradthes/96.
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Cicognani, Loretta. "To punish or Discipline? Teachers' attitudes towards the abolition of corporal punishment". Thesis, 2006. http://hdl.handle.net/10539/175.
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Master of Education - Educational PsychologyIn the last decade, corporal punishment in South African schools was banned. This is in keeping with international trends of recognising of the rights of the child and the South African Constitution. Despite the legal ban, newspapers and limited research reveal that corporal punishment practices are sill occurring in schools. Government has made efforts to curb the continuing use of corporal punishment. This research explores teachers’ attitudes towards the ban of corporal punishment as well as the alternate discipline strategies teachers are using to discipline their learners. The research methods adopted were quantitative questionnaires and qualitative written responses. Results of this study suggest that teachers still view corporal punishment as having a place in education. Teachers are concerned amongst others about their personal safety and feel the administering of corporal punishment will ensure their safety. Teachers’ do report that they have found alternatives that do work, however, they still feel that the training that is provided is not able to meet their needs in the classroom situation.
50
Lin, Shih Yu y 林士毓. "Research of legal system that the army punishes - A Study on the Amendment Process in “Act of Punishment of the Armed Forces”". Thesis, 2006. http://ndltd.ncl.edu.tw/handle/39795976600738522979.
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