6 resultados para tort liability volunteer

em Aston University Research Archive


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The first chapter introduces the subject from a psychological and sociological perspective emphasising the basic human activity of helping those in need. Governmental prominence for policies that assist this activity is briefly discussed with special mention of the programmes that encourage volunteering. Programmes particularly directed at older people, such as the Age Concern ‘Debate of the Age’ are considered briefly. An extensive review of the extant literature is the subject of the second chapter. The pervious research is explored to discover the formulae used to define a volunteer. A definition relative to this research is created. Volunteering issues aggravated by the demographic situation of older people are explored. Empirical volunteer survey research by mutual organisations is explored to ascertain the extent and nature of the already recorded volunteer population. The penultimate section of this chapter investigates the nature of old age and the strategies that older people adopt to enjoy the benefits and contain the problems. The issue of diversity arises from consideration of the literature suggesting that, although it is an essential voluntary sector strength, it is also a further barrier to recruitment. A model diversity is proposed. Chapter three reviews the theoretical processes, procedures and technologies used to collect and analyse the data required to discover the answer to the research problem. Analysis of the questionnaire survey data received is the subject of chapter four. The discovery of the agency uniqueness of volunteer profiles is the principle finding of this part of the research. The fifth chapter is the qualitative analysis of the oral and written statements received. A content analysis of the scripts and texts provided rich data covering motivational factors. Motivational factors were the same for volunteers in the same organisation, but differed between organisations. Finally, the analysed data is collated and discussed progressively toward a theory of diversity. The individuality of each branch of each agency is progressively described culminating in the creation of a model that infers that diversity is a barrier that aggravates all other barriers. The personal realisations of the researcher are described.

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Following grounded-theory methodology, this thesis provides an analysis of the volunteering experiences of 47 wheelchair-users. It challenges the traditional image of volunteering which tends to conceptualise non-disabled people as the instigators of voluntary action (the helpers) and disabled people as the recipients of volunteerism (the helped). It also begins to fill a notable gap in academic knowledge about the volunteering experiences of disabled people. The literature review showed that contemporary conceptualisations of disability were unsuitable for this thesis. Thus, an organising framework is proposed which acknowledges that disabled peoples’ experiences may be influenced by medically and socially constructed factors – or by a combination of both acting simultaneously (medical-social factors). Having conceptualised disability for the purposes of the study, the thesis then provides an account of the research methodology used. This is followed by a presentation of research findings. An analysis of the volunteers’ demographic, epidemiological and background characteristics is provided and their perceptions of the benefits of, and barriers to, volunteering highlighted. This is followed by an analysis of their volunteering experiences. Theory is developed in order to explain the volunteers’ experiences from the approach outlined within the organising framework. The final part of the thesis adopts a reflexive approach to contextualise the research processes from the writer’s own perspective as a disabled person conducting research into the lived experiences of other disabled people. The thesis concludes by highlighting the implications of the study for future social research.

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Objectives: To explore interactions between audiology patients and volunteers, to describe encounters and define the role of volunteers. Methods: Qualitative ethnographic and interview study of volunteer-patient interactions. Ten volunteer participants from two volunteer schemes in South West England were observed and interviewed. Three patient participants were interviewed. Results: Analysis of observational data showed that volunteers provided support relating to local services and hearing aids, but did not engage in discussions about hearing loss. Interviews with volunteers identified gaps in audiology provision, including accessible services and clear information and highlighted a need for more support from audiology services to enable them to fulfil their role. Volunteer interactions with patients mimicked a clinician-patient encounter and volunteers employed strategies and behaviours used by professional audiologists. Conclusions: Audiology volunteers could provide an accessible bridge between health services and the community but their care is limited to focus on hearing aids. Practice implications: Volunteers enable patients to use hearing aids appropriately and are a core element of current care arrangements. However, volunteers express a need for adequate support from audiology services. Volunteers have the potential to increase service capacity and to bridge the gaps between community and audiology healthcare services.

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This article evaluates the way in which copyright infringement has been gradually shifting from an area of civil liability to one of criminal penalty. Traditionally, consideration of copyright issues has been undertaken from a predominantly legal and/or economic perspectives. Whereas traditional legal analysis can explain what legal changes are occurring, and what impact these changes may have, they may not effectively explain ‘how’ these changes have come to occur. The authors propose an alternative inter-disciplinary approach, combining legal analysis with critical security studies, which may help to explain in greater detail how policies in this field have developed. In particular, through applied securitisation theory, this article intends to demonstrate the appropriation of this field by a security discourse, and its consequences for societal and legal developments. In order to explore how the securitisation framework may be a valid approach to a subject such as copyright law and to determine the extent to which copyright law may be said to have been securitised, this article will begin by explaining the origins and main features of securitisation theory, and its applicability to legal study. The authors will then attempt to apply this framework to the development of a criminal law approach to copyright infringement, by focusing on the security escalation it has undergone, developing from an economic issue into one of international security. The analysis of this evolution will be mainly characterised by the securitisation moves taking place at national, European and international levels. Finally, a general reflection will be carried out on whether the securitisation of copyright has indeed been successful and on what the consequences of such a success could be.

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Dishonest Assistance and Accessory Liability, Paul S. Davies, Accessory Liability, Oxford: Hart Publishing, 2015, 294 pp, hb £54.99 In this essay review of Paul Davies' Accessory Liability, it is questioned whether dishonest assistance can be accommodated with other forms of third party liability in private law. It is argued that dishonest assistance does not involve the same conduct element as other forms of third party liability which are included in Davies’ book. Liability can arise for ‘weak’ causal links in dishonest assistance claims such as where a third party fails to intervene. It is also the case that liability can arise for involvement which arises ‘after the event’, which undermines Davies’ suggestion that there must be a causal link between a third party’s conduct and a primary wrong.