Conscience, discretion and the creation of property rights

This paper considers the utility of the concept of conscience or unconscionable conduct as a contemporary rationale for intervention in two principles applied where a person seeks to renege on an informal agreement relating to land: the principle in Rochefoucauld v Boustead; and transfers 'subject to' rights in favour of a claimant. By analysing the concept in light of our current understanding of the nature of judicial discretion and the use of general principles, it responds to arguments that unconscionability is too general a concept on which to base intervention. In doing so, it considers the nature of the discretion that is actually in issue when the court intervenes through conscience in these principles. However, the paper questions the use of constructive trusts as a response to unconscionability. It argues that there is a need, in limited circumstances, to separate the finding of unconscionability from the imposition of a constructive trust. In these limited circumstances, once unconscionability is found, the courts should have a discretion as to the remedy, modelled on that developed in the context of proprietary estoppel. The message underlying this paper is that many of the concerns expressed about unconscionability that have led to suggestions of alternative rationales for intervention can in fact be addressed whilst retaining an unconscionability analysis. Unconscionability remains a preferable rationale for intervention as it provides a common thread that links apparently separate principles and can assist our understanding of their scope.

Poetry of social conscience, poetry of transition: Ann Hawkshaw's 'Introductory Stanzas' and 'The Mother to her Starving Child'

Through close readings of Ann Hawkshaw's poetry in the context of industrial Manchester in the 1840s, this article highlights the interaction of form and content in poetry that makes use of the idea of the past to question or complicate the politics of the present.

Political culture and democratic conscience

Includes bibliography

Sobre a noção de polifonia em Bakthin

Conselho Nacional de Desenvolvimento Científico e Tecnológico (CNPq)

O trabalho do professor da educação profissional e tecnológica de Mato Grosso: dos textos prescritivos ao agir reconfigurado nos textos dos professores

Pós-graduação em Linguística e Língua Portuguesa - FCLAR

La Politique linguistique éducative du Cameroun: attitudes et représentations relatives à l'intégration des langues nationales dans les écoles primaires de l'Adamaoua

At the moment actions are undertaken in order to introduce National Languages in Primary Schools, it is interesting to study The Cameroon linguistic and educational policy: Attitudes and Representations relating to the Integration of national languages in the Adamawa Primary Schools. This study on images is a survey carried out with the collaboration of 115 teachers, 120 parents and some of the Adamawa educational Responsibles. The fundamental question which guides this survey is: are Attitudes and Representations of the Adamawa educational actors favourable to the Introduction of National Languages in the Primary Schools of that Region ? Our research’s hypothesis is that these perceptions impede the implementation of this policy. In the end of the data processing and the analysing of the field’s information, we are led to the following results. The basic education actors of the Adamawa Region don’t have information about legal and constitutional texts that support promotion and teaching of local languages. Nevertheless, they are disposed to support this policy. They propose fulani as the first language to be taught and the other languages after. But also, the selection of these languages is smeared by demeaning stereotypes. That’s why we recommend the organisation of wide Sensitization Campaigns destined for all the educational actors, the implication of ENIEG in the formation of teachers in local languages, and finally, the introduction of specific Contents for the teaching of National Languages in Cameroonian Primary Schools.