2 resultados para Brazilian way of dealing with constitutional precedents

em Glasgow Theses Service


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This thesis is comprised of three parts: a critical dissertation, a creative work of fiction and a bridge piece that connects the two. The critical work is an examination of the Devil as a satirist in Faustian bargains. Through the usage of the Devil as a literary figure, his character has become a more secular being: a trickster rather than evil incarnate—a facilitator of sin rather than its originator. In the tragicomedy of pacts with the Devil, he acts as a mirror, reflecting mankind’s foibles and vanity, while elevating the reader in the process. The thesis considers the language, tone, purpose and conceits of several versions of the story. While the focus is primarily on American Literature, the influence of English, Scottish, French and German folklore and fiction are recognized as an essential component of the theme’s evolution. In the bridge piece, the pact with the Devil is literalized in a modern context; a corporate business of reaping souls is theorized in which techniques of persuasion are streamlined into an effective formula. Whether immersive or expository in approach, the portrayal of the supernatural depends on the literary principles of science fiction and fantasy in order to manipulate the reader and allow irrational concepts to obey rational laws. Such theories are cited to support how the Devil functions as a believable character. The novel, Could Be Much Worse, relates the story of an egocentric boss and his dependable employee, a scout who disguises himself as a taxi driver and seeks candidates who may succumb to temptation. Passengers’ monologues of desperation and pathos are interspersed throughout the protagonist’s day-to-day narrative. At times, the work is experimental, utilizing irregular storytelling techniques, alternative forms and conceits. Light-hearted, but nonetheless poignant, the story serves as a cautionary tale, illustrating the tedium of a bureaucratic job in a transmundane existence.

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Ten years ago, cohabitants in Scotland had no statutory rights in respect of their deceased partner’s estate. Section 29 of the Family Law (Scotland) Act 2006 gave cohabitants the right to apply to the court for discretionary provision from their deceased partner’s intestate estate. This thesis examines the process of making such an application and the way that the provisions have been applied in practice. The juxtaposition of the Family Law (Scotland) Act 2006 and the existing rules for intestate succession in the Succession (Scotland) Act 1964 is considered, with particular focus on the subordination of cohabitants’ rights to the succession rights of a surviving spouse, and the negative impact that this may have on children. It is concluded that the current succession framework is incapable of protecting cohabitants and children in reconstituted families. Potential measures are considered to displace the traditional primacy of marital succession rights, and provide a fair and flexible system of succession law that is capable of dealing with complex family structures.