127 resultados para Good Judgement


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Despite its benefits, co-ownership of land creates problems where relations between the parties
have soured, or one person simply wants to extricate themselves from this arrangement. The
remedies of compulsory partition and sale allow one joint tenant or tenant in common to terminate
co-ownership against the wishes of the others, by seeking a court order to this effect. Throughout
parts of the common law world, this has be en based on nineteenth century English legislation namely
the Partition Act 1868, the key elements of which remain in force in Western Australia,
South Australia, Tasmania and the Australian Capital Territory. This article provides an up-to-date
analysis of the law on compulsory partition and sale as derived from the 1868 Act and analogous
provisions, drawing not only on Australian cases, but on frequently overlooked decisions from
courts in both parts of Ireland and in parts of Canada, as well as ‘old’ English judgments on the
1868 Act.

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This article explores the relation between humour and control, drawing on participant observation in an organization in which humour was central to daily life. Keys is a leading advertising agency whose staff spent an unusually large amount of time sending humorous e-mails. Examining these e-mails in some depth, we unpack the role of humour in subverting various forms of control, including gender norms and managerial authority. We find the relation between humour, control and subversion to be ambiguous. Building upon current debates in organization studies, we develop the concept of humour based on our observations at Keys. Specifically, we argue that humour is always in excess of both control and subversion, a 'nicely impossible' object that cannot be captured. This article thus contributes to theoretical approaches on organizational humour, conceptualizing the concept of 'newness' through Judith Butler's re-reading of Derridean différance and the Lacanian Real. In addition, we contribute a novel empirical account of the study of e-mail list humour in a contemporary advertising firm. © 2012 Blackwell Publishing Ltd.

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The study of interrelationships between soil structure and its functional properties is complicated by the fact that the quantitative description of soil structure is challenging. Soil scientists have tackled this challenge by taking advantage of approaches such as fractal geometry, which describes soil architectural complexity through a scaling exponent (D) relating mass and numbers of particles/aggregates to particle/aggregate size. Typically, soil biologists use empirical indices such as mean weight diameters (MWD) and percent of water stable aggregates (WSA), or the entire size distribution, and they have successfully related these indices to key soil features such as C and N dynamics and biological promoters of soil structure. Here, we focused on D, WSA and MWD and we tested whether: D estimated by the exponent of the power law of number-size distributions is a good and consistent correlate of MWD and WSA; D carries information that differs from MWD and WSA; the fraction of variation in D that is uncorrelated with MWD and WSA is related to soil chemical and biological properties that are thought to establish interdependence with soil structure (e.g., organic C, N, arbuscular mycorrhizal fungi). We analysed observational data from a broad scale field study and results from a greenhouse experiment where arbuscular mycorrhizal fungi (AMF) and collembola altered soil structure. We were able to develop empirical models that account for a highly significant and large portion of the correlation observed between WSA and MWD but we did not uncover the mechanisms that underlie this correlation. We conclude that most of the covariance between D and soil biotic (AMF, plant roots) and abiotic (C. N) properties can be accounted for by WSA and MWD. This result implies that the ecological effects of the fragmentation properties described by D and generally discussed under the framework of fractal models can be interpreted under the intuitive perspective of simpler indices and we suggest that the biotic components mostly impacted the largest size fractions, which dominate MWD, WSA and the scaling exponent ruling number-size distributions. (C) 2010 Elsevier Ltd. All rights reserved.

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This essay investigates the extent to which girlhood functions as a queer category in two theatrical representations of schoolgirls in early seventeenth-century England. It focuses on the depictions of schoolgirls in the anonymous The Wit of a Woman (1604), written for the all-male stage of the professional theatre, and in Robert White’s masque, Cupid’s Banishment (1617), performed by the young Ladies of Deptford Hall before Queen Anna of Denmark, to examine the intersections of age, gender, sexuality and education in early modern concepts of girlhood. Situating these plays within wider debates about female education and the history of the contested role of performance in the schooling of early modern girls, it argues that they deploy the category of girlhood to demonstrate the subversive potential of educating girls. Yet, this essay proposes, these plays simultaneously reveal the potential agency of young women who manipulate girlhood to claim their distinct sexual, aged and gendered states as girls. It argues that early modern girlhood is a state that might be performed by young women to disrupt normative expectations of feminine behaviour and desire. Placing dramatic representations of schoolgirls and the experiences of schoolgirls on the early modern stage side by side, this essay demonstrates that the schoolroom and performance are sites in which this transgressive potential is realised.

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The structure and dynamics of the common polysaccharide dextran have been investigated in mixed solvents at two different temperatures using small-angle X-ray scattering (SAXS) and viscosity measurements. More specifically, binary mixtures of a good solvent (water, formamide, dimethylsulfoxide, ethanolamine) and the bad solvent ethanol as the minority component have been considered. The experimentally observed effects on the polymer conformation (intrinsic viscosity, coil radius, and radius of gyration) of the bad solvent addition are discussed in terms of hydrogen bonding density and are correlated with the Hansen solubility parameters and the surface tension of the solvent mixtures. Hydrogen bonding appears to be an important contributor to the solubility of dextran but is not sufficient to capture the dextran coil contraction in the mixtures of good+bad solvents.

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Contemporary social and political constructions of victimhood and offending behaviour lie at the heart of regulatory policies on child sexual abuse. Legislation is named after specific child victims of high profile cases, and a burgeoning range of pre-emptive measures are enacted to protect an amorphous class of ‘all potential victims’ from the risk sex offenders are seen as posing. Such policies are also heavily premised on the omnipresent predatory stranger. These constructed identities, however, are at odds with the actual identities of victims and offenders of such crimes. Drawing on a range of literatures, the core task of this article is to confront some of the complexities and tensions surrounding constructions of the victim/offender dyad within the specific context of sexual offending against children. In particular, the article argues that discourses on ‘blame’ – and the polarised notions of ‘innocence’ and ‘guilt’ – inform respective hierarchies of victimhood and offending concerning ‘legitimate’ victim and offender status. Based on these insights, the article argues for the need to move beyond such monochromatic understandings of victims and offenders of sexual crime and to reframe the politics of risk accordingly.