Les définitions dans les codes civils

"Omnis definitio in jure civili periculosa est". Le principe selon lequel toute définition est périlleuse constitue l’une des idées séculaires véhiculées par la tradition de droit civil. Malgré cela, le Code civil français et, plus récemment, le "Code civil du Québec" contiennent tous deux un nombre important de définitions légales. Abordées du point de vue du lexicographe, ces définitions soulèvent la question de savoir à quel point elles doivent être prises en considération dans les dictionnaires juridiques : en présence d’une définition légale, le lexicographe devrait-il simplement la paraphraser ou devrait-il plutôt chercher à rendre compte du sens tel qu’il est véhiculé dans le discours juridique? En étudiant les enjeux soulevés par cette question, le présent texte propose une démarche lexicographique qui relativise l’influence des définitions légales sur le contenu des dictionnaires de droit civil.

The Role of Art in Computer Game Design

Computer games are significant since they embody our youngsters’ engagement with contemporary culture, including both play and education. These games rely heavily on visuals, systems of sign and expression based on concepts and principles of Art and Architecture. We are researching a new genre of computer games, ‘Educational Immersive Environments’ (EIEs) to provide educational materials suitable for the school classroom. Close collaboration with subject teachers is necessary, but we feel a specific need to engage with the practicing artist, the art theoretician and historian. Our EIEs are loaded with multimedia (but especially visual) signs which act to direct the learner and provide the ‘game-play’ experience forming semiotic systems. We suggest the hypothesis that computer games are a space of deconstruction and reconstruction (DeRe): When players enter the game their physical world and their culture is torn apart; they move in a semiotic system which serves to reconstruct an alternate reality where disbelief is suspended. The semiotic system draws heavily on visuals which direct the players’ interactions and produce motivating gameplay. These can establish a reconstructed culture and emerging game narrative. We have recently tested our hypothesis and have used this in developing design principles for computer game designers. Yet there are outstanding issues concerning the nature of the visuals used in computer games, and so questions for contemporary artists. Currently, the computer game industry employs artists in a ‘classical’ role in production of concept sketches, storyboards and 3D content. But this is based on a specification from the client which restricts the artist in intellectual freedom. Our DeRe hypothesis places the artist at the generative centre, to inform the game designer how art may inform our DeRe semiotic spaces. This must of course begin with the artists’ understanding of DeRe in this time when our ‘identities are becoming increasingly fractured, networked, virtualized and distributed’ We hope to persuade artists to engage with the medium of computer game technology to explore these issues. In particular, we pose several questions to the artist: (i) How can particular ‘periods’ in art history be used to inform the design of computer games? (ii) How can specific artistic elements or devices be used to design ‘signs’ to guide the player through the game? (iii) How can visual material be integrated with other semiotic strata such as text and audio?

CSR Communication - An Employee Perspective : Tailoring Internal Communication using Employee Preferences for Content, Style and Channel.

Corporate Social Responsibility (CSR) represents a theory and practice that is well-known and communicating its content has shown to play an important role in order to exploit its advantages and engage stakeholders on CSR issues. Even though, CSR communication has shown to be a real challenge, since corporations are encouraged to engage in CSR, but not to communicate too loud about this engagement. This study was inspired by Jenny Dawkins (2005) and her initial idea that tailoring CSR messages by exploring stakeholder preferences for content, style and channel, would solve the communication challenge. One stakeholder group that corporations are highly dependent on is employees and exploring their preferences for CSR communication became the purpose of this thesis: to understand employee preferences for style and channel within the content of CSR. This was of specific interest, since existing research on CSR communication has mainly been centered around financial and external issues on the expense of internal. In addition, the idea of a tailored approach has not gained any interest in research so far, and a possible explanation might be its diffuse meaning, a problem this thesis has addressed. In order to understand employee preferences for internal CSR communication, a qualitative case study research was conducted with in-depth interviews, observations and exercises at site. A total of 20 interviews were arranged in order to collect primary data during a one week prolong engagement at the case. The empirical findings from the respondents’ answers were then transcribed and analyzed using both inductive and theoretical thematic analysis. Based on the findings, the authors of this thesis contribute with two models that help practitioners to understand how to best communicate about various CSR content to employees. The first model developed suggests an implementation of the tailored approach for content, style and channel, and demonstrates a relationship between nature of content and constraint recognition. Also, the model explains how practitioners can provide CSR explanation in order to reduce skepticism and enable endorsement processes where employees communicate CSR to third parties. To show a more dependent relationship between how changes in nature of content and constraint recognition affect employee preferences, the authors created the "CSR Communication Grid". The authors made a theoretical contribution by clarifying and providing a framework for the tailoring approach as initially developed by Dawkins (2005). Additionally, the authors managed to draw a relation between Public Relations (PR) and CSR by referring models of PR to communication styles, which filled this gap in previous research.

Untangling Knots: Determining E-book Suitability for Course Reserves

E-books on their own are complex; they become even more so in the context of course reserves. In FY2016 the Resource Sharing & Reserves and Acquisitions units developed a new workflow for vetting requested e-books to ensure that they were suitable for course reserves (i.e. they permit unlimited simultaneous users) before posting links to them within the university’s online learning management system. In the Spring 2016 semester 46 e-books were vetted through this process, resulting in 18 purchases. Preliminary data analysis sheds light on the suitability of the Libraries’ current e-book collections for course reserves as well as faculty preferences, with potential implications for the Libraries’ ordering process. We hope this lightening talk will generate discussion about these issues among selectors, collection managers, and reserves staff alike.

Towards guidelines for curriculum design and development in English language teacher education in Cambodian higher education institutions

In the current Cambodian higher education sector, there is little regulation of standards in curriculum design of undergraduate degrees in English language teacher education. The researcher, in the course of his professional work in the Curriculum and Policy Office at the Department of Higher Education, has seen evidence that most universities tend to copy their curriculum from one source, the curriculum of the Institute of Foreign Languages, the Royal University of Phnom Penh. Their programs fail to impose any entry standards, accepting students who pass the high school exam without any entrance examination. It is possible for a student to enter university with satisfactory scores in all subjects but English. Therefore, not many graduates are able to fulfil the professional requirements of the roles they are supposed to take. Neau (2010) claims that many Cambodian EFL teachers do not reach a high performance standard due to their low English language proficiency and poor background in teacher education. The main purpose of this study is to establish key guidelines for developing curricula for English language teacher education for all the universities across the country. It examines the content of the Bachelor‘s degree of Education in Teaching English as a Foreign Language (B Ed in TEFL) and Bachelor‘s degree of Arts in Teaching English to Speakers of Other Languages (BA in TESOL) curricula adopted in Cambodian universities on the basis of criteria proposed in current curriculum research. It also investigates the perspectives of Cambodian EFL teachers on the areas of knowledge and skill they need in order to perform their English teaching duties in Cambodia today. The areas of knowledge and skill offered in the current curricula at Cambodian higher education institutions (HEIs), the framework of the knowledge base for EFL teacher education and general higher education, and the areas of knowledge and skill Cambodian EFL teachers perceive to be important, are compared so as to identify any gaps in the current English language teacher education curricula in the Cambodian HEIs. The existence of gaps show what domains of knowledge and skill need to be included in the English language teacher education curricula at Cambodian HEIs. These domains are those identified by previous curriculum researchers in both general and English language teacher education at tertiary level. Therefore, the present study provides useful insights into the importance of including appropriate content in English language teacher education curricula. Mixed methods are employed in this study. The course syllabi and the descriptions within the curricula in five Cambodian HEIs are analysed qualitatively based on the framework of knowledge and skills for EFL teachers, which is formed by looking at the knowledge base for second language teachers suggested by the methodologists and curriculum specialists whose work is elaborated on the review of literature. A quantitative method is applied to analyse the perspectives of 120 Cambodian EFL teachers on areas of knowledge and skills they should possess. The fieldwork was conducted between June and August, 2014. The analysis reveals that the following areas are included in the curricula at the five universities: communication skills, general knowledge, knowledge of teaching theories, teaching skills, pedagogical reasoning and decision making skills, subject matter knowledge, contextual knowledge, cognitive abilities, and knowledge of social issues. Additionally, research skills are included in three curricula while society and community involvement is in only one. Further, information and communication technology, which is outlined in the Education Strategies Plan (2006-2010), forms part of four curricula while leadership skills form part of two. This study demonstrates ultimately that most domains that are directly and indirectly related to language teaching competence are not sufficiently represented in the current curricula. On the basis of its findings, the study concludes with a set of guidelines that should inform the design and development of TESOL and TEFL curricula in Cambodia.

O ensino da estatística nos anos finais do ensino fundamental

Result of a professional master course of research work in Teaching Science and Technology of the Federal Technological University of Paraná (UTFPR), this work aims to provide the mathematics teacher of the final years of elementary school a teaching sequence (SE) which includes basic content of Statistics provided in the curriculum. In this book a text about the importance of the teaching of statistics is presented, as well as issues related to literacy skills, reasoning and statistical thinking. The development of the SE was designed considering the presuppositions of contextualization, being structured in six steps. We chose to develop a work with the basic contents of Statistics through real data collected with the participation of students, within a context for them significant. This option was due to be possible to develop with the students situations such as: raising hypotheses , communication situations experienced by different graphs and tables , results of discussion and understanding of the significance of the results obtained by means of statistical calculations. Thus, it is believed to be possible to contribute to the development of statistical skills by the students.

Educação na era do hipertexto: uma experiência diferenciada na biologia

Acompanha: Sequência didática: trabalhando o conceito e as características dos fungos: pesquisa de campo para identificação dos fungos

A formação em educação ambiental na ênfase em gestão de patrimônio socioambiental do curso de História - Bacharelado da Universidade Federal do Rio Grande

A presente dissertação de mestrado teve como fenômeno de estudo a Ênfase em Gestão do Patrimônio Socioambiental do curso de História Bacharelado da Universidade Federal do Rio Grande – FURG, buscando compreender o processo de constituição e desenvolvimento desta Ênfase e suas articulações com a Educação Ambiental. Para tanto, foram elencadas três hipóteses: (a) a Ênfase em Gestão do Patrimônio Socioambiental do curso de Bacharelado em História da FURG não é estruturada e nem desenvolvida a partir das emergências da crise estrutural da qual a crise ambiental é um aspecto latente; (b) os saberes desenvolvidos na Ênfase não possibilitam que o egresso desenvolva a criticidade e a formação necessária para o cumprimento de sua função socioambiental; (c) a Educação Ambiental desenvolvida na Ênfase em Gestão do Patrimônio Socioambiental do curso de História – Bacharelado da Universidade Federal do Rio Grande – FURG não é expressão de uma ciência que se pretenda a serviço da classe trabalhadora e que se proponha a encarar os desafios das questões impostas pela crise ambiental. Em decorrência destas, foi desenvolvido um objetivo geral e três objetivos específicos, sendo eles: (a) Entender as condições sociais de crise ambiental em meio as quais surge a necessidade de gestores do patrimônio socioambiental; (b) Analisar os aspectos teóricos do campo da Educação Ambiental e a compreensão de ciência presentes na formação dos gestores do patrimônio socioambiental; (c) Identificar, no Projeto Pedagógico do curso de História Bacharelado, os aspectos políticos que demonstrem a função social do egresso. Ainda no sentido de atender ao objetivo geral foram organizadas quatro questões de pesquisa, a saber: (a) Quais as emergências da necessidade de criação da Ênfase em Gestão do Patrimônio Socioambiental no curso de História - Bacharelado da Universidade Federal do Rio Grande - FURG? (b) Que perspectiva de Educação Ambiental tem os professores da Ênfase em Gestão do Patrimônio Socioambiental do curso de História - Bacharelado da Universidade Federal do Rio Grande - FURG? (c) Que compreensão de ciência e de Educação Ambiental está vinculada à formação dos egressos da Ênfase em Gestão do Patrimônio Socioambiental do curso de História - Bacharelado da Universidade Federal do Rio Grande - FURG? (d) Quais saberes são fundamentais na formação dos gestores do patrimônio socioambiental para que compreendam os fundamentos da crise que faz emergir a necessidade da função social de tal ênfase? Nesta pesquisa foram utilizados, prioritariamente, os referenciais teóricos e epistemológicos com vinculação à compreensão de mundo marxista. Após o processo de revisão bibliográfica foram desenvolvidas entrevistas semi-estruturadas com sete professores atuantes na ênfase em estudo. Na sequência, para apreciação das informações, foi utilizado o referencial metodológico da Análise de Conteúdo de Laurence Bardin. Concluiu-se no processo de pesquisa que a ênfase se relaciona com a oferta de novas possibilidades de atuação profissional do historiador gestor. Bem como os saberes desenvolvidos na ênfase possibilitam parcialmente a constituição da criticidade dos egressos. Por fim, a Educação Ambiental desenvolvida na ênfase não pode, em sua totalidade, estar a serviço da classe trabalhadora, pois está circunscrita, no presente momento histórico, aos limites do Capital.

Case-Based Reasoning as a Heuristic Selector in a Hyper-Heuristic for Course Timetabling Problems

This paper studies Knowledge Discovery (KD) using Tabu Search and Hill Climbing within Case-Based Reasoning (CBR) as a hyper-heuristic method for course timetabling problems. The aim of the hyper-heuristic is to choose the best heuristic(s) for given timetabling problems according to the knowledge stored in the case base. KD in CBR is a 2-stage iterative process on both case representation and the case base. Experimental results are analysed and related research issues for future work are discussed.

A rehabilitation intervention to promote physical recovery following intensive care: a detailed description of construct development, rationale and content together with proposed taxonomy to capture processes in a randomised controlled trial.

Background: increasing numbers of patients are surviving critical illness, but survival may be associated with a constellation of physical and psychological sequelae that can cause on going disability and reduced health-related quality of life. Limited evidence currently exists to guide the optimum structure, timing, and content of rehabilitation programmes. There is a need to both develop and evaluate interventions to support and expedite recovery during the post-ICU discharge period. This paper describes the construct development for a complex rehabilitation intervention intended to promote physical recovery following critical illness. The intervention is currently being evaluated in a randomised trial (ISRCTN09412438; funder Chief Scientists Office, Scotland). Methods: the intervention was developed using the Medical Research Council (MRC) framework for developing complex healthcare interventions. We ensured representation from a wide variety of stakeholders including content experts from multiple specialties, methodologists, and patient representation. The intervention construct was initially based on literature review, local observational and audit work, qualitative studies with ICU survivors, and brainstorming activities. Iterative refinement was aided by the publication of a National Institute for Health and Care Excellence guideline (No. 83), publicly available patient stories (Healthtalkonline), a stakeholder event in collaboration with the James Lind Alliance, and local piloting. Modelling and further work involved a feasibility trial and development of a novel generic rehabilitation assistant (GRA) role. Several rounds of external peer review during successive funding applications also contributed to development. Results: the final construct for the complex intervention involved a dedicated GRA trained to pre-defined competencies across multiple rehabilitation domains (physiotherapy, dietetics, occupational therapy, and speech/language therapy), with specific training in post-critical illness issues. The intervention was from ICU discharge to 3 months post-discharge, including inpatient and post-hospital discharge elements. Clear strategies to provide information to patients/families were included. A detailed taxonomy was developed to define and describe the processes undertaken, and capture them during the trial. The detailed process measure description, together with a range of patient, health service, and economic outcomes were successfully mapped on to the modified CONSORT recommendations for reporting non-pharmacologic trial interventions. Conclusions: the MRC complex intervention framework was an effective guide to developing a novel post-ICU rehabilitation intervention. Combining a clearly defined new healthcare role with a detailed taxonomy of process and activity enabled the intervention to be clearly described for the purpose of trial delivery and reporting. These data will be useful when interpreting the results of the randomised trial, will increase internal and external trial validity, and help others implement the intervention if the intervention proves clinically and cost effective.

O papel do e-professor na plataforma de e-learning e-raízes : redes

Relatório de estágio apresentado para obtenção do grau de mestre em Educação e Comunicação Multimédia

Signposts in the sand: Key issues for e-moderators

E-learning is a vision that has sparked a wide-ranging enthusiasm for moderators, course designers and learners. Asynchronous conferencing is currently central to this vision. Some educators assume that supporting learners who use this medium is the same as supporting them in the classroom. However, this is not the case. This paper outlines the current research into providing signposts that enable us to improve the training and support offered to new e-moderators and e-course designers. It suggests a classification of roles and tasks that together with an e-course framework will help to maximize the benefits of e-learning and enable all participants to migrate successfully to the new environment.

Case Based Heuristic Selection for Timetabling Problems

This paper presents a case-based heuristic selection approach for automated university course and exam timetabling. The method described in this paper is motivated by the goal of developing timetabling systems that are fundamentally more general than the current state of the art. Heuristics that worked well in previous similar situations are memorized in a case base and are retrieved for solving the problem in hand. Knowledge discovery techniques are employed in two distinct scenarios. Firstly, we model the problem and the problem solving situations along with specific heuristics for those problems. Secondly, we refine the case base and discard cases which prove to be non-useful in solving new problems. Experimental results are presented and analyzed. It is shown that case based reasoning can act effectively as an intelligent approach to learn which heuristics work well for particular timetabling situations. We conclude by outlining and discussing potential research issues in this critical area of knowledge discovery for different difficult timetabling problems.

Transmission Easement and Adverse Possession of Transmission Easement in the Polish Law

The object of analysis in the text are the issues concerned with the transmission easement and the adverse possession thereof on the grounds of the Polish law. The text features: (1) a historical outline of the solutions concerned with easements in the Polish law following 1945, (2) the institution of transmission easement introduced in 2008 and the solutions concerned with the claims for the establishment thereof at court, (3) the institution of adverse possession of transmission easement pursuant to civil law regulations, judicature and the legal doctrine. On account of the need to elaborate the wide-ranging legal issues concerned with the transmission easement in this text, the analysis embraces two research questions giving rise to the following conclusions: (1) What function is performed by the institution of transmission easement in the system of civil-law relations in the Polish law? The legislator in the articles introducing a transmission easement ossified the solutions functioning in the judicature of the Polish courts before 2008. The legal interpretation took a turn for clarification, that is for the establishment of a norm in the situation where its comprehension was dubious. It is noteworthy that in the period prior to 2008, the law provided for easement appurtenant, and on account of the usual course of judicial decisions also for easement appurtenant with the content corresponding to transmission easement. In 2008 these two “legal existences” were supplemented with a transmission easement, which nevertheless failed to resolve all the legal problems; nay, this gave rise to even more problems, e.g. the one of non-establishment of interpolar norms which would address the issues arising in connection with the use of various easement institutions in legal transactions. While amending the civil law, the legislator aimed to bring order to legal transactions by streamlining the unregulated actual state of easement in relation to transmission infrastructure, but also in relation to the situations where an easement was yet to be established and a facility yet to be constructed. Thus, such action is intended to regulate the disorderly legislation in force as well as to safeguard investment processes. This is of particular significance, for example, for energy companies which are burdened with statutory public-law obligations as regards securing energy supplies and providing for the development of energy infrastructure. Hence, the de facto introduced civil-law solutions indirectly served to realise the principles of the doctrine of easement in the public interest. (2) What legal problems in the civil-law relations does the application of the institution of transmission easement by adverse possession entail? On account of the functioning of various institutions of easement, that is (1) an easement appurtenant, (2) an easement appurtenant with the content corresponding to a transmission easement, and as of 2008 (3) a transmission easement, a problem arose as to which of the given easements companies exercised in particular periods, all the more so because before 1989 the State Treasury owned them and many of the transmission facilities were put in place by virtue of administrative decisions. The commonly held belief is that in the period of “society-oriented economy” as well as up to 2008 infrastructure companies could exercise an easement appurtenant which corresponded to the content of a transmission easement. Therefore, in such a case the running of the prescriptive period should allow for the general rules laid down for an easement appurtenant. Apart from the problem of the relation of a capacity to exercise a right to property and the free development of civil-law relations before 1989, the recognition of the running of prescriptive periods – given the functioning of the three various easements as legal institutions – became a significant legal problem. By way of illustration, the recognition – against the period of exercising transmission easement – of the period required for the acquisition thereof by adverse possession, whereby before 3 August 2008 the real estate featured the legal state corresponding to the content of this right, is debatable. One cannot recognise that within that period a transmission easement was exercised, because such a right was not in existence as yet. Therefore, the institution that might be employed is the running of the period as regards the adverse possession in relation to an easement appurtenant with the content of a transmission easement. Still, the problem remains as to whether the period of the exercise of the easement appurtenant with the content corresponding to a transmission easement can be recognised against the period of possession required for the adverse possession of a transmission easement pursuant to the regulations introduced in 2008. One might incline to the position whereby in such a case it would be right to fully recognise – against the period of exercising a transmission easement – the period of exercising an easement appurtenant corresponding thereto in respect of its content. That being so, the adverse possession of a transmission easement might ensue in such a situation on 3 August 2008 at the earliest, that is the moment the regulations governing this right come into effect. Conversely, if the prescriptive period expires before that date, the entrepreneur would acquire an easement appurtenant with the content corresponding to the transmission easement. Such an interpretation is aligned with the purpose intended by the legislator, which is to bring order to the actual state of the broadest scope with the aid of a new legal instrument. The text, while analysing the issue of a transmission easement and an adverse possession thereof as a institution of the civil law, presents only some selected problems. Hence, the analysis does not include, for example, the issues concerned with claims for remuneration (for usufruct without contractual basis or usufruct fees), or claims for compensation (redress or amends). Furthermore, the text does not conduct a more profound analysis of the relation between the provisions regulating public-law relations (e.g. acts of law introducing the institution of dispossession) and the provisions regulating civil-law relations (the easements in question).

National evaluation of NHS genetics service investments: emerging issues from the cancer genetics pilots

In seeking to fulfil the ambition of the 2003 genetics white paper, Our Inheritance, Our Future, to ‘mainstream’ genetic knowledge and practices, the Department of Health provided start-up funding for pilot services in various clinical areas, including seven cancer genetics projects. To help to understand the challenges encountered by such an attempt at reconfiguring the organization and delivery of services in this field, a programme-level evaluation of the genetics projects was commissioned to consider the organizational issues faced. Using a qualitative approach, this research has involved comparative case-study work in 11 of the pilot sites, including four of the seven cancer genetics pilots. In this paper, the researchers present early findings from their work, focusing in particular on the cancer genetics pilots. They consider some of the factors that have influenced how the pilots have sought to address pre-existing sector, organizational and professional boundaries to these new ways of working. The article examines the relationship between these factors and the extent to which pilots have succeeded in setting up boundary-spanning services, dealing with human-resource issues and creating sustainable, ‘mainstreamed’ provision which attracts ongoing funding in a volatile NHS commissioning environment where funding priorities do not always favour preventive, risk-assessment services.