109 resultados para COUNTERVAILING DUTIES


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A prospective study was conducted of fathers' transition to parenthood from mid-pregnancy to 6 weeks postpartum. The subjects were 198 fathers from Greece (Athens) and 142 from Britain (Bristol). Social class, age and parity distributions were similar between the two populations. The culture and social structure experienced by each varied widely, however, and was a focus of interest. Two major themes in fatherhood across the two populations were explored: first, the father's instrumental role in provision of emotional and practical support to his partner and care for his child; and second the father's emotional reaction to his partner's pregnancy, the birth of his child and early parenthood. In both cultures fathers reported that they took an active instrumental role in supporting their partner and in participating in childcare. Markedly more British fathers attended the delivery. There were no overall differences in the degree to which fathers participated in childcare though the nature of this participation varied. British fathers more commonly took on housework duties. During their partner's pregnancy Greek fathers experienced significantly higher malaise than their British counterparts and also reported feeling that they had less social support. Common to many fathers in both cultures during this time were fears that their partner might change or be damaged by the pregnancy. After the birth, there was no difference in emotional well-being between the Greek and British fathers. Reactions to fatherhood and enjoyment of the child were similar for the two cultures also. Patterns of correlation between variables both within and across the antenatal and postnatal time periods were, for the most part, similar for the two cultures. Social support, however, was found to relate to father's emotional and instrumental reaction to parenthood only in the case of the British sample. Findings are discussed in terms of each culture's point on the continuum of social change.

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Phoenix activity presents a conundrum for the law and its regulators. While there is economic cost associated with all phoenix activity, the underlying behaviour is not always illegal. A transaction with indicators of phoenix activity may be an entirely innocent and well-intentioned display of entrepreneurial spirit, albeit one that has ended in failure. Restructuring post business failure is not illegal per se. Recent reforms targeting phoenix activity fail to grapple with the vast range of behaviour that can be described as phoenix activity since they do not differentiate between legal and illegal activity. This article explores the importance of the distinction between legal and illegal phoenix activity, the extent to which the existing law captures a range of behaviour that can be described as illegal phoenix activity and the response of key regulators and governmental bodies to the absence of single law that attempts to define illegal phoenix activity.

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At any given time in the field of early childhood, there are discourses at play, producing images of children, and these ways of seeing children might be competing, colliding and/or complementing each other. It is fairly widely accepted that in many countries there are versions of dominant discourses that shape and are shaped by current practices in the field of early childhood. These include (1) romantic notions of children running free and connecting with nature and (2) the ‘Bart Simpson’ version of the naughty, cute or savage child, untamed and in need of civilising. These are far from being the only two discursive constructions of children present in current policies and practices. If early childhood professionals are to be active in shaping and implementing policies that affect their work and workforce, it is important that they are aware of the forces at play. In this article, we point to another powerful discourse at play in the Australian context of early childhood education, the image of children as economic units: investments in the future. We show how a ‘moment of arising’ in contemporary policy contexts, dominated by neoliberal principles of reform and competition, has charged early childhood educators in Australia with the duties of a ‘broker’, ensuring that young children are worth the investment. In this article, we begin with (1) a key policy document in early childhood education in Australia and examine the discursive affordances which shape the document. Next, (2) we pinpoint the shifts in how the work of child care is perceived by interrogating this key policy document through a methodology of discursive analysis. We then turn attention (3) to the work of this policy document along with other discourses which directly affect images of children and the shaping role these have on the work of educators. We conclude with (4) a consideration of how the work of early childhood professionals has come to be shaped by this economic discourse, and how they are being required to both work within the policy imperatives and likely to resist this new demand of them.

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In common law jurisdictions such as England, Australia, Canada and New Zealand good faith in contracting has long been recognised in specific areas of the law such as insurance law and franchising, and more recently the implied duties of good faith and mutual trust and convenience in employment contracts have generated a considerable volume of case law. Outside of these areas of law that may be characterised as being strongly‘relational’ in character,the courts in common law jurisdictions have been reluctant to embrace a more universal application of good faith in contracting and performance. However increasingly there are cases which support the proposition that there is a common law duty of good faith of general application to all commercial contracts. Most important in this context is the recent decision of the Supreme Court of Canada in Bhasin v Hrynew.1 However, this matter is by no means resolved in all common law jurisdictions. This article looks at the recent case law and literature and at various legislative incursions including statutes, codes of conduct and regulations impacting good faith in commercial dealings.