The development of the divided profession in Queensland

The structure of the Queensland legal profession today is a product of a series of historical developments that can be traced to the beginnings of the legal profession in England. A proper understanding of the present practice and structure of the Australian legal profession needs an understanding of these English origins and then of the profession's introduction into Australia. It is proposed, therefore, to give a brief outline of the development of the legal profession in England and then to deal with the early years of the profession in the Colony of New South Wales after British settlement. The article will then describe the development of the profession in Queensland after separation from New South Wales in 1859 with some emphasis on the major changes relating to the roles of barristers and solicitors.

Solidarity and power in German : language as political action : a contribution to the socio-cultural history of the German language

Germany's latest attempt at unification raises again the question of German nationhood and nationality. The present study examines the links between the development of the German language and the political history of Germany, principally in the nineteenth and twentieth centuries. By examining the role of language in the establishment and exercise of political power and in the creation of national and group solidarity in Germany, the study both provides insights into the nature of language as political action and contributes to the socio-cultural history of the German language. The language-theoretical hypothesis on which the study is based sees language as a central factor in political action, and opposes the notion that language is a reflection of underlying political 'realities' which exist independently of language. Language is viewed as language-in-text which performs identifiable functions. Following Leech, five functions are distinguished, two of which (the regulative and the phatic) are regarded as central to political processes. The phatic function is tested against the role of the German language as a creator and symbol of national identity, with particular attention being paid to concepts of the 'purity' of the language. The regulative function (under which a persuasive function is also subsumed) is illustrated using the examples of German fascist discourse and selected cases from German history post-1945. In addition, the interactions are examined between language change and socio-economic change by postulating that language change is both a condition and consequence of socio-economic change, in that socio-economic change both requires and conditions changes in the communicative environment. Finally, three politocolinguistic case studies from the eight and ninth decades of the twentieth century are introduced in order to demonstrate specific ways in which language has been deployed in an attempt to create political realities, thus verifying the initial hypothesis of the centrality of language to the political process.

Management of the civil engineering works of Thomas Telford in the highlands of Scotland

DUE TO COPYRIGHT RESTRICTIONS ONLY AVAILABLE FOR CONSULTATION AT ASTON UNIVERSITY LIBRARY AND INFORMATION SERVICES WITH PRIOR ARRANGEMENT

Visszatérhet-e a "nagy elmélet" a közgazdaságtanban? Megjegyzések a rendszerparadigma elmélettörténetéhez (Can the "grand theory" return to economics? Notes on the theoretical history of the system paradigm)

Kornai János rendszerparadigma-fogalmából és az ott felsorolt közgazdászok névsorából kiindulva, a tanulmány kiemel néhány mozzanatot ennek eszmetörténeti előzményeiből. A hatvanas évek szociológiai irodalmában időszerűtlennek tartották a nagy elmélet létrehozását, a nyolcvanas évek társadalomtudományában viszont már a hagyományos nagy rendszeralkotás és elbeszélésmód visszatérését méltatták. Adam Smith közgazdaságtanát a társadalmi érintkezés átfogó elmélete részének szánta, amely tartalmazza a jog, politika és erkölcs elveit és történetét. Ezt szemlélteti a kereskedelmi társadalom paradoxonának elemzése és annak bemutatása, hogyan vezetett a fényűzés a szabadság helyreállításához és a rendszeres kormányzat létrejöttéhez. Marx és a német történeti iskola egyaránt törekedett a társadalom történeti fejlődéstörvényeinek feltárására, noha kölcsönösen elutasították egymás felfogásának többi elemét. Schumpeter életművét az a törekvés határozta meg, hogy összekapcsolja az elméleti analízist és a történeti leírást, hogy a gazdasági fejlődés elemzéséből kiindulva megalkossa a társadalmi élet különböző területeinek interdependenciáját bemutató elméletet. / === / The study starts from János Kornai's concept of a system paradigm and the list of economists there to lift certain elements from its antecedents in intellectual history. The sociological writers of the 1960s thought it was inopportune to create a grand theory, while the social scientists of the 1980s were busy celebrating the return of the great traditional system-creating process and its mode of narration. Adam Smith presented his economics as part of a comprehensive theory of social organization that would cover the principles and history of law, politics and morality. This is illustrated by his analysis of the paradox of commercial society and his demonstration of how wealth led to the restoration of liberty and the establishment of regular governance. Marx and the German historical school both strove to identify laws of the historical development of society, although they each rejected the other elements of the other's concept. Schumpeter's oeuvre was marked by an effort to combine theoretical analysis with historical description, so that from an analysis of economic development he could arrive at a theory presenting the interdependence of the various areas of social activity.

From stability to insurgency: The root and proximate causes of the September 2002 civil war in Côte d'Ivoire

This dissertation was an analysis of the root and proximate causes of the September 2002 civil war in Côte d’Ivoire. The central question of this study was: Why did Côte d’Ivoire, which was relatively stable under President Houphouët-Boigny, suddenly begin to experience political violence in the 1990s and an explosion in 2002? Côte d’Ivoire was an interesting case because it was stable for a long period of time, apparently making it an infertile ground for conflict. It was also interesting for comparative purposes because of the fact that several states in West Africa (for instance, Benin, Togo, and Ghana) have experienced military coups but not have civil wars. Finally, this case was an opportunity to revisit the debate on the causes of civil wars in the African context. Chapter one has outlined the entire dissertation project and contextualized the analysis that follows in the subsequent chapters. Chapter two has reviewed the literature on civil wars in general, identified the different types of civil wars, and the type the Ivoiran war is. Chapter three has examined the domestic and international political economy as a source of the civil violence in Côte d’Ivoire. Chapter four has examined the role of ethnicity and region as identities of the war, while chapter five has analyzed the role of the foreign relations in the civil war, as well as the regional political context. Chapter six has distinguished between the root and proximate causes of the Ivoirian civil war, made judgments about the relative weight of the various causes, and the extent to which the weight of the causes can be measured. The study found that the “Ivoirité” was the most important trigger of the civil war in Côte d’Ivoire. The overall conclusion of my dissertation was that the September 2002 crisis in that country was a political crisis which occured in the context of a political reform. It first started with succession problems in 1993 followed by the controversial elections in 1995 and 2000. Later, this electoral politics spread beyond electoral issues, namely citizenship matters.

An examination of Lotka's law in the field of Library and Information Studies

The purpose of this study was to test Lotka’s law of scientific publication productivity using the methodology outlined by Pao (1985), in the field of Library and Information Studies (LIS). Lotka’s law has been sporadically tested in the field over the past 30+ years, but the results of these studies are inconclusive due to the varying methods employed by the researchers. ^ A data set of 1,856 citations that were found using the ISI Web of Knowledge databases were studied. The values of n and c were calculated to be 2.1 and 0.6418 (64.18%) respectively. The Kolmogorov-Smirnov (K-S) one sample goodness-of-fit test was conducted at the 0.10 level of significance. The Dmax value is 0.022758 and the calculated critical value is 0.026562. It was determined that the null hypothesis stating that there is no difference in the observed distribution of publications and the distribution obtained using Lotka’s and Pao’s procedure could not be rejected. ^ This study finds that literature in the field of Library and Information Studies does conform to Lotka’s law with reliable results. As result, Lotka’s law can be used in LIS as a standardized means of measuring author publication productivity which will lead to findings that are comparable on many levels (e.g., department, institution, national). Lotka’s law can be employed as an empirically proven analytical tool to establish publication productivity benchmarks for faculty and faculty librarians. Recommendations for further study include (a) exploring the characteristics of the high and low producers; (b) finding a way to successfully account for collaborative contributions in the formula; and, (c) a detailed study of institutional policies concerning publication productivity and its impact on the appointment, tenure and promotion process of academic librarians. ^

Comparative administrative reform: The rhetoric and reality of the Civil Service reform programs in Uganda and Tanzania

Administrative reform is a challenging endeavor for both developed and developing countries alike. For developing countries, the challenge is greater because numerous reforms are implemented concurrently sometimes under conditions of resource scarcity and political instability. So far there is no consensus as to what makes some reforms succeed and others fail. The current study seeks to fill that gap by offering an empirical comparative analysis of the administrative reforms initiated in Uganda and Tanzania since the early 1990s. The purpose of the study is to explain the similarities and differences, and give reasons for the successes and failures of the reform programs in the two countries. It focuses on four major areas; the size of the civil service, pay reform, capacity building, and ethics and accountability. Data were collected via in-depth face to face interviews with 35 key government officials and the content analysis of various documents. The results indicate that the reforms generated initial substantial reduction in the size of the public services in both countries. In Uganda, the traditional civil service was reduced from 140,500 in 1990 to 41,730 in 2004; while in Tanzania Ministries, Departments, and Agencies were reduced by 25%. Pay reform has generated substantial increases in civil servants' salaries in both countries but in Uganda, the government has not been able to abide by the pay strategy while in Tanzania the strategy guides the increments. Civil Service capacity building efforts have focused on enhancing the skills of the personnel. Training needs assessments were undertaken in all ministries in Uganda and a training policy was formulated. In Tanzania, the training needs assessments are still under way and a training policy has not yet been developed. Ethics and accountability are great challenges in both countries, but in Tanzania, there is more political will and commitment to improve the integrity of the civil service. The findings reveal that although Uganda started the reform with much more rigor and initial success, Tanzania has surpassed it and has a more stable, consistent, and promising reform record. This is because Uganda's leadership lacks political legitimacy. The country has since the late 1990s experienced a civil war in the northern and western parts of the country while Tanzania has benefitted from relative peace and high level political legitimacy.

Examining moderators of the hindsight bias in the context of civil legal decision -making: Counterfactuals, causal proximity, and self -referencing

The current research sought to clarify the diverging relationships between counterfactual thinking and hindsight bias observed in the literature thus far. In a non-legal context, Roese and Olson (1996) found a positive relationship between counterfactuals and hindsight bias, such that counterfactual mutations that undid the outcome also increased participants’ ratings of the outcome’s a priori likelihood. Further, they determined that this relationship is mediated by causal attributions about the counterfactually mutated antecedent event. Conversely, in the context of a civil lawsuit, Robbennolt and Sobus (1997) found that the relationship between counterfactual thinking and hindsight bias is negative. The current research sought to resolve the conflicting findings in the literature within a legal context. ^ In Experiment One, the manipulation of the normality of the defendant’s target behavior, designed to manipulate participants’ counterfactual thoughts about said behavior, did moderate the hindsight effect of outcome knowledge on mock jurors’ judgments of the foreseeability of that outcome as well as their negligence verdicts. Although I predicted that counterfactual thinking would increase, or exacerbate, the hindsight bias, as found by Roese and Olson (1996), my results provided some support for Robbenolt and Sobus’s (1997) finding that counterfactual thinking decreases the hindsight bias. Behavior normality did not moderate the hindsight effect of outcome knowledge in Experiment Two, nor did causal proximity in Experiment Three. ^ Additionally, my hypothesis that self-referencing may be an effective hindsight debiasing technique received little support across the three experiments. Although both the self-referencing instructions and self-report measure consistently decreased mock jurors’ likelihood of finding the defendant negligent, and self-referencing instructions decreased their foreseeability ratings in studies two and three, the self-referencing manipulation did not interact with outcome knowledge to moderate a hindsight bias effect on either foreseeability or negligence judgments. The consistent pattern of results across the three experiments, however, suggests that self-referencing may be an effective technique in reducing the likelihood of negligence verdicts.^

Toward a Civil Law in Cuba , Lecture by María Elena Cobas Cobiella

The event promotes the event " Toward a Civil Law in Cuba : Lecture by María Elena Cobas Cobiella" cosponsored by the Cuban Research Institute and the FIU College of Law.

Examining Moderators of the Hindsight Bias in the Context of Civil Legal Decision-Making: Counterfactuals, Causal Proximity, and Self-Referencing

The current research sought to clarify the diverging relationships between counterfactual thinking and hindsight bias observed in the literature thus far. In a non-legal context, Roese and Olson (1996) found a positive relationship between counterfactuals and hindsight bias, such that counterfactual mutations that undid the outcome also increased participants’ ratings of the outcome’s a priori likelihood. Further, they determined that this relationship is mediated by causal attributions about the counterfactually mutated antecedent event. Conversely, in the context of a civil lawsuit, Robbennolt and Sobus (1997) found that the relationship between counterfactual thinking and hindsight bias is negative. The current research sought to resolve the conflicting findings in the literature within a legal context. In Experiment One, the manipulation of the normality of the defendant’s target behavior, designed to manipulate participants’ counterfactual thoughts about said behavior, did moderate the hindsight effect of outcome knowledge on mock jurors’ judgments of the foreseeability of that outcome as well as their negligence verdicts. Although I predicted that counterfactual thinking would increase, or exacerbate, the hindsight bias, as found by Roese and Olson (1996), my results provided some support for Robbenolt and Sobus’s (1997) finding that counterfactual thinking decreases the hindsight bias. Behavior normality did not moderate the hindsight effect of outcome knowledge in Experiment Two, nor did causal proximity in Experiment Three. Additionally, my hypothesis that self-referencing may be an effective hindsight debiasing technique received little support across the three experiments. Although both the self-referencing instructions and self-report measure consistently decreased mock jurors’ likelihood of finding the defendant negligent, and self-referencing instructions decreased their foreseeability ratings in studies two and three, the self-referencing manipulation did not interact with outcome knowledge to moderate a hindsight bias effect on either foreseeability or negligence judgments. The consistent pattern of results across the three experiments, however, suggests that self-referencing may be an effective technique in reducing the likelihood of negligence verdicts.

From Stability to Insurgency: The Root and Proximate Causes of the September 2002 Civil War in Cote d'Ivoire

This dissertation was an analysis of the root and proximate causes of the September 2002 civil war in Côte d’Ivoire. The central question of this study was: Why did Côte d’Ivoire, which was relatively stable under President Houphouët-Boigny, suddenly begin to experience political violence in the 1990s and an explosion in 2002? Côte d’Ivoire was an interesting case because it was stable for a long period of time, apparently making it an infertile ground for conflict. It was also interesting for comparative purposes because of the fact that several states in West Africa (for instance, Benin, Togo, and Ghana) have experienced military coups but not have civil wars. Finally, this case was an opportunity to revisit the debate on the causes of civil wars in the African context. Chapter one has outlined the entire dissertation project and contextualized the analysis that follows in the subsequent chapters. Chapter two has reviewed the literature on civil wars in general, identified the different types of civil wars, and the type the Ivoiran war is. Chapter three has examined the domestic and international political economy as a source of the civil violence in Côte d’Ivoire. Chapter four has examined the role of ethnicity and region as identities of the war, while chapter five has analyzed the role of the foreign relations in the civil war, as well as the regional political context. Chapter six has distinguished between the root and proximate causes of the Ivoirian civil war, made judgments about the relative weight of the various causes, and the extent to which the weight of the causes can be measured. The study found that the “Ivoirité” was the most important trigger of the civil war in Côte d’Ivoire. The overall conclusion of my dissertation was that the September 2002 crisis in that country was a political crisis which occured in the context of a political reform. It first started with succession problems in 1993 followed by the controversial elections in 1995 and 2000. Later, this electoral politics spread beyond electoral issues, namely citizenship matters.

Comparative Administrative Reform: The Rhetoric and Reality of the Civil Service Reform Programs in Uganda and Tanzania

Administrative reform is a challenging endeavor for both developed and developing countries alike. For developing countries, the challenge is greater because numerous reforms are implemented concurrently sometimes under conditions of resource scarcity and political instability. So far there is no consensus as to what makes some reforms succeed and others fail. The current study seeks to fill that gap by offering an empirical comparative analysis of the administrative reforms initiated in Uganda and Tanzania since the early 1990s. The purpose of the study is to explain the similarities and differences, and give reasons for the successes and failures of the reform programs in the two countries. It focuses on four major areas; the size of the civil service, pay reform, capacity building, and ethics and accountability. Data were collected via in-depth face to face interviews with 35 key government officials and the content analysis of various documents. The results indicate that the reforms generated initial substantial reduction in the size of the public services in both countries. In Uganda, the traditional civil service was reduced from 140,500 in 1990 to 41,730 in 2004; while in Tanzania Ministries, Departments, and Agencies were reduced by 25%. Pay reform has generated substantial increases in civil servants’ salaries in both countries but in Uganda, the government has not been able to abide by the pay strategy while in Tanzania the strategy guides the increments. Civil Service capacity building efforts have focused on enhancing the skills of the personnel. Training needs assessments were undertaken in all ministries in Uganda and a training policy was formulated. In Tanzania, the training needs assessments are still under way and a training policy has not yet been developed. Ethics and accountability are great challenges in both countries, but in Tanzania, there is more political will and commitment to improve the integrity of the civil service. The findings reveal that although Uganda started the reform with much more rigor and initial success, Tanzania has surpassed it and has a more stable, consistent, and promising reform record. This is because Uganda’s leadership lacks political legitimacy. The country has since the late 1990s experienced a civil war in the northern and western parts of the country while Tanzania has benefitted from relative peace and high level political legitimacy.

Mad Men, The Sopranos and The American Way of Life. The history of the capital in two times

Don Draper (Mad Men, Matthew Weiner, AMC: 2007-2015) actively colaborates in the birth and consolidationof a model of consumer society without realizing the enormous lie he is telling himself. Tony Soprano(The Sopranos, David Chase, HBO: 1999-2007) desperately grasps the wreckage of that ideal imageof effort and self-improvement which is not only disappearing but was actually never coherent or real.This article does a comparative textual, sociological, and discursive analysis these two characters as arepresentation of the evolution of the discourse of capitalism in the second half of the 20th century, that is,the artificiality of the hegemonic discourse of “pursuit of happiness” as the main myth in post-war NorthAmerican neoliberalism.