961 resultados para institutional structure


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This paper considers constructions of institutional culture and power in the cover-up of child sexual abuse (CSA) by clergy in the Roman Catholic Church of Australia. The issue of cover-up has previously been considered in international inquiries as an institutional failing that has caused significant harm to victims of CSA by Catholic Clergy. Evidence given by select representatives of the Catholic Church in two government inquiries into institutional abuse carried out in Australia is considered here. This evidence suggests that, where cover-up has occurred, it has been reliant on the abuse of institutional power and resulted in direct emotional, psychological and spiritual harm to victims of abuse. Despite international recognition of cover-up as institutional abuse, evidence presented by Roman Catholic Representatives to the Victorian Inquiry denied there was an institutionalised cover-up. Responding to this evidence, this paper queries whether the primary foundation of cover-up conforms to the ‘bad apple theory’ in that it relates only to a few individuals, or the ‘bad barrel theory’ of institutional structure and culture.

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Although Common Pool Resources (CPRs) make up a significant share of total income for rural households in Ethiopia and elsewhere in developing world, limited access to these resources and environmental degradation threaten local livelihoods. As a result, the issues of management, governance of CPRs and how to prevent their over-exploitation are of great importance for development policy. This study examines the current state and dynamics of CPRs and overall resource governance system of the Lake Tana sub-basin. This research employed the modified form of Institutional Analysis and Development (IAD) framework. The framework integrates the concept of Socio-Ecological Systems (SES) and Interactive Governance (IG) perspectives where social actors, institutions, the politico-economic context, discourses and ecological features across governance and government levels were considered. It has been observed that overexploitation, degradation and encroachment of CPRs have increased dramatically and this threatens the sustainability of Lake Tana ecosystem. The stakeholder analysis result reveals that there are multiple stakeholders with diverse interest in and power over CPRs. The analysis of institutional arrangements reveals that the existing formal rules and regulations governing access to and control over CPRs could not be implemented and were not effective to legally bind and govern CPR user’s behavior at the operational level. The study also shows that a top-down and non-participatory policy formulation, law and decision making process overlooks the local contexts (local knowledge and informal institutions). The outcomes of examining the participation of local resource users, as an alternative to a centralized, command-and-control, and hierarchical approach to resource management and governance, have called for a fundamental shift in CPR use, management and governance to facilitate the participation of stakeholders in decision making. Therefore, establishing a multi-level stakeholder governance system as an institutional structure and process is necessary to sustain stakeholder participation in decision-making regarding CPR use, management and governance.

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Ireland, in the eighteenth century, followed the classic tripartite division of regular medical practitioners into physicians, surgeons and apothecaries. At the beginning of the century surgeons and apothecaries were regarded as mere tradesmen, but by the end of the century both were regarded as professionals and had the right to regulate their respective professions. Practitioners in different regions of Europe developed in a different manner, and eighteenth-century practitioners in Ireland developed independently from their English counterparts. In common with Britain and Europe in the eighteenth century, the total number of practitioners increased in Ireland, and by the end of the century, apothecaries were the largest group in Dublin, closely followed by the surgeons. Surgeons and apothecaries at the start of the eighteenth century belonged to the same guild. However in mid-century, St Luke's guild of apothecaries was established and this provided the apothecaries with a new identity that allowed them to pursue auto regulation, rather than hitherto, when they had been regulated by the physicians. This was vital to the apothecaries as they were in direct commercial competition with both the physicians and the surgeons and faced increasing pressure from both druggists and the disparate group of practitioners known as the irregulars. The 1765 County Infirmaries Act established a hospital in virtually every county in Ireland, and cast the surgeon as the primary medical officer in the countrywide network of hospitals. This legislation, which was unique in Europe, had the unintended consequence of elevating the status of the surgeons, as prior to this physicians were always in the ascendancy in the voluntary hospitals in Ireland and Britain, in contrast to France. The status of the surgeons was further enhanced by the establishment of the College of Surgeons in Ireland in 1784, which provided them with a new corporate identity, the authority to regulate the profession countrywide, and, also, the ability to educate surgeons in Ireland. The establishment of the College of Surgeons placed further pressure on the apothecaries to demonstrate that they also had a recognisable identity, and the authority to regulate their own profession. This was achieved with the 1791 Apothecaries Act which established the Apothecaries Hall and give the apothecaries the right to regulate themselves. This innovative legislation deemed the apothecaries a profession, and was enacted twenty-four years prior to similar legislation in Britain. Commercial pressure from druggists and, probably, irregulars expedited the requirement of the apothecaries to establish a new corporate identity, in order to distance themselves from these groups. The changing status of both apothecaries and surgeons had little effect on the physicians as a group, and, despite being the beneficiaries of a generous bequest from Sir Patrick Dun in 1711 to provide medical chairs in Dublin, the physicians displayed an inertia during the eighteenth century that was not in keeping with the developments that occurred in the contemporary Dublin medical world. The fact that it took ninety-five years, and that five acts of parliament, two House of Commons enquiries and a House of Lords enquiry were required to ensure that Dun's wishes were brought to fruition demonstrates that the physicians did not develop at the same pace as the other medical groups in the city. Had Dun’s bequest been implemented as he desired, Dublin, with a number of voluntary hospitals, would have been well placed to provide comprehensive tuition for medical students in the eighteenth century. It was not until the nineteenth century that the city, and the populace, benefited from this legacy. This thesis will trace these developments in the context of changes that occurred in contemporary medical education and diagnosis in Ireland, Britain and France. It will demonstrate that Irish practitioners developed independently, influenced mainly by local issues, but also by those who had travelled abroad and returned to Ireland with new concepts and ideas, ensuring that Irish medical practitioners had the institutional structure that could encompass the diagnostic and regulatory changes that would become accepted in the nineteenth century.

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A limited but accumulating body of research and theoretical commentary offers support for core claims of the “institutional-anomie theory” of crime (IAT) and points to areas needing further development. In this paper, which focuses on violent crime, we clarify the concept of social institutions, elaborate the cultural component of IAT, derive implications for individual behavior, summarize empirical applications, and propose directions for future research. Drawing on Talcott Parsons, we distinguish the “subjective” and “objective” dimensions of institutional dynamics and discuss their interrelationship. We elaborate on the theory’s cultural component with reference to Durkheim’s distinction between “moral” and “egoistic” individualism and propose that a version of the egoistic type characterizes societies in which the economy dominates the institutional structure, anomie is rampant, and levels of violent crime are high. We also offer a heuristic model of IAT that integrates macro- and individual levels of analysis. Finally, we discuss briefly issues for the further theoretical elaboration of this macro-social perspective on violent crime. Specifically, we call attention to the important tasks of explaining the emergence of economic dominance in the institutional balance of power and of formulating an institutional account for distinctive punishment practices, such as the advent of mass incarceration in the United States.

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The political challenges impeding the negotiation of a comprehensive multilateral agreement on international climate change have received a great deal of attention. A question that has gone somewhat overlooked is what essential components an effective regulatory scheme to reduce greenhouse gas emissions should contain. The objective of this article is to examine the regulatory architecture of current international arrangements relating to global climate change regulation. A systematic analysis of the structure, substantive composition, and administrative characteristics of the UNFCCC and Kyoto Protocol is undertaken. The analytical standard against which the agreements are examined is whether current international regulatory arrangements satisfy the basic requirements of regulatory coherence. The analysis identifies how the present scheme consists of a complex institutional structure that lacks a substantive regulatory core. The implications of the absence of functional and effective mechanisms to govern greenhouse gas emission reductions are considered in relation to the principles of good regulatory design. This, in turn, provides useful insights into how a better regulatory scheme might be designed.

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From a ‘cultural science’ perspective, this paper traces one aspect of a more general shift, from the realist representational regime of modernity to the productive DIY systems of the internet era. It argues that collecting and archiving is transformed by this change. Modern museums – and also broadcast television – were based on determinist or ‘essence’ theory; while internet archives like YouTube (and the internet as an archive) are based on ‘probability’ theory. The paper goes through the differences between modernist ‘essence’ and postmodern ‘probability’; starting from the obvious difference that in a museum each object is selected by experts for its intrinsic properties, while on the internet you don’t know what you will find. The status of individual objects is uncertain, although the productivity of the overall archive is unlimited. The paper links these differences with changes in contemporary culture – from a Newtonian to a quantum universe, progress to risk, institutional structure to evolutionary change, objectivity to uncertainty, identity to performance. Borrowing some of its methodology from science fiction, the paper uses examples from museums and online archives, ranging from the oldest stone tool in the world to the latest tribute vid on the net.

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The most significant recent development in scholarly publishing is the open-access movement, which seeks to provide free online access to scholarly literature. Though this movement is well developed in scientific and medical disciplines, American law reviews are almost completely unaware of the possibilities of open-access publishing models. This Essay explains how open-access publishing works, why it is important, and makes the case for its widespread adoption by law reviews. It also reports on a survey of law review publication policies conducted in 2004. This survey shows, inter alia, that few law reviews have embraced the opportunities of open-access publishing, and many of the top law reviews are acting as stalking horses for the commercial interests of legal database providers. The open-access model promises greater access to legal scholarship, wider readership for law reviews, and reputational befits for law reviews and the law schools that house them. This Essay demonstrates how open access comports with the institutional aims of law schools and law reviews, and is better suited to the unique environment of legal publishing than the model that law reviews currently pursue. Moreover, the institutional structure of law reviews means that it is possible that the entire corpus of law reviews could easily move to an open-access model, making law the first discipline with a realistic prospect of complete commitment to free, open access to all scholarly output.

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The study explores the role of the state in regional integration processes. The question is approached through theoretical discussion and two case-studies - SADC (Southern African Development Community) and the EU. The main research question of the study is, what are the possibilities and problems of the integration process in Southern Africa and how do they differ from the possibilities and problems of the integration process in Europe. The undelrying question of the study is why do states decide to participate in an integration process where they have to limit their sovereignty. Review of the theoretical discussion of the integration studies shows that the integration process is affected by several factors on different levels of the international system. But the state plays a central role in integration processes - integration processes are inititated and carried on by the participatig states. The European integration process shows that the interests of the state can change over time. At the beginning of the integration process, the objective was to strengthen participating states. Later EU member states have decided that it is in their interest to deepen the process even if it has meant limitation of their sovereignty. The determinant factor has been that the member states have considered it to be in their interst to deepen the process. In Southern Africa the integration process is only at the beginning. SADC aims to establish a free trade area by 2008. The biggest challenge is how to implement the integration process so that it benefits all member states in a region that is economically dominated by South Africa. In practice this can be achieved through establishment of corrective mechanisms, which ensure equitable distribution of benefits. This would require deeper integration and South Africa to adapt responsibility towards its regional partners. African integration processes in general have not been as successful as for example the EU. African states have been reluctant to limit their sovereignty in favour of regional organisations.This can be explained by the differences between European and African states. The EU member states have been democracies while African states have been characterised by concentration of power in the executive branch. Furthermore the political systems in Africa have been characterised by vertical clientelist reltionships. As a result it has not been in the interest of the political elite to limit the state sovereignty in favour of regional organisations. In recent years SADC has been relatively succesful in its integration process and reforms, but a lot remains to be done before the implementation of the free trade area can be succesful. The institutional structure and treaties of SADC differ from the structures of the EU. Member states are the main actors of the integration processes. Their differences are reflected in the process and produce different kinds of integration in different parts of the world.

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Modern-day economics is increasingly biased towards believing that institutions matter for growth, an argument that has been further enforced by the recent economic crisis. There is also a wide consensus on what these growth-promoting institutions should look like, and countries are periodically ranked depending on how their institutional structure compares with the best-practice institutions, mostly in place in the developing world. In this paper, it is argued that ”non-desirable” or “second-best” institutions can be beneficial for fostering investment and thus providing a starting point for sustained growth, and that what matters is the appropriateness of institutions to the economy’s distance to the frontier or current phase of development. Anecdotal evidence from Japan and South-Korea is used as a motivation for studying the subject and a model is presented to describe this phenomenon. In the model, the rigidity or non-rigidity of the institutions is described by entrepreneurial selection. It is assumed that entrepreneurs are the ones taking part in the imitation and innovation of technologies, and that decisions on whether or not their projects are refinanced comes from capitalists. The capitalists in turn have no entrepreneurial skills and act merely as financers of projects. The model has two periods, and two kinds of entrepreneurs: those with high skills and those with low skills. The society’s choice of whether an imitation or innovation – based strategy is chosen is modeled as the trade-off between refinancing a low-skill entrepreneur or investing in the selection of the entrepreneurs resulting in a larger fraction of high-skill entrepreneurs with the ability to innovate but less total investment. Finally, a real-world example from India is presented as an initial attempt to test the theory. The data from the example is not included in this paper. It is noted that the model may be lacking explanatory power due to difficulties in testing the predictions, but that this should not be seen as a reason to disregard the theory – the solution might lie in developing better tools, not better just better theories. The conclusion presented is that institutions do matter. There is no one-size-fits-all-solution when it comes to institutional arrangements in different countries, and developing countries should be given space to develop their own institutional structures that cater to their specific needs.

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The study scrutinizes the dynamics of the Finnish higher education political system. Dynamics is understood as the regularity of interaction between actors. By actors is meant the central institutions in the system. The theoretical framework of the study draws on earlier research in political science and higher education political studies. The theoretical model for analysis is built on agenda-setting theories. The theoretical model separates two dimensions of dynamics, namely the political situation and political possibilities. A political situation can be either favourable or contradictory to change. If the institutional framework within the higher education system is not compatible with the external factors of the system, the political situation is contradictory to change. To change the situation into a favourable one, one needs either to change the institutional structure or wait for external factors to change. Then again, the political possibilities can be either settled or politicized. Politicization means that new possibilities for action are found. Settled possibilities refer to routine actions performed according to old practices. The research tasks based on the theoretical model are: 1. To empirically analyse the political situation and the possibilities from the actors point of view. 2. To theoretically construct and empirically test a model for analysis of dynamics in the Finnish higher education politics. The research material consists of 25 thematic interviews with key persons in the higher education political system in 2008. In addition, there are also documents from different actors since the 1980s and statistical data. The material is analysed in four phases. In the first phase the emphasis is on trying to understand the interviewees and actors points of view. In the second phase the different types of research material are related to each other. In the third phase the findings are related to the theoretical model, which is constructed over the course of the analysis. In the fourth phase the interpretation is tested. The research distinguishes three historical periods in the Finnish higher education system and focuses on the last one. This is the era of the complex system beginning in the 1980s 1990s. Based on the interviews, four policy threads are identified and analysed in their historical context. Each of the policy threads represents one of the four possible dynamics identified in the theoretical model. The research policy thread functions according to reform dynamics. A coalition of innovation politics is able to use the politicized possibilities due to the political situation created by the conception of the national innovation system. The regional policy thread is in a gridlock dynamics. The combination of a political system based on provincial representation, a regional higher education institutional framework and outside pressure to streamline the higher education structure created a contradictory political situation. Because of this situation, the politicized possibilities in the so-called "regional development plan" do not have much effect. In the international policy thread, a consensual change dynamics is found. Through changes in the institutional framework, the higher education political system is moulded into a favourable situation. However, the possibilities are settled: a pragmatic national gaze prevailed. A dynamics of friction is found in the governance policy thread. A political situation where political-strategic and budgetary decision-making are separated is not favourable for change. In addition, as governance policy functions according to settled possibilities, the situation seems unchangeable. There are five central findings. First, the dynamics are different depending on the policy thread under scrutiny. Second, the settled possibilities in a policy thread seemed to influence other threads the most. Third, dynamics are much related to changes external to the higher education political system, the changing positions of the actors in different policy threads and the unexpected nature of the dynamics. Fourth, it is fruitful to analyse the dynamics with the theoretical model. Fifth, but only hypothetically and thus left for further research, it seems that the Finnish higher education politics is reactive and weak at politicization.

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Analisa o modo com que os parlamentares se organizam frente à estrutura institucional no Congresso Nacional. Tem como referências para discussão, contribuições de Barry Ames (2003) e Figueiredo e Limongi (2001) que apresentam dois modelos de funcionamento do Parlamento, o distributivista e o partidário. Analisa a atuação da Frente Parlamentar Mista das Micro e Pequenas Empresas. Enfatiza a segunda fase de funcionamento da Frente, os anos de 2008 e 2009, quando trabalhou pela regulamentação da Lei Geral das Micro e Pequenas Empresas (Lei Complementar nº 123/06) nos Estados e Municípios e seus aperfeiçoamentos por meio da aprovação de Leis Complementares nºs 127/07, 128/08 e 133/09.

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Apesar dos impactos ambientais ocasionados pela poluição e acidentes químicos, constata-se que algumas organizações ainda investem pouco na prevenção, redução ou eliminação de seus resíduos. Em algumas Instituições de Ensino e Pesquisa (IES) do Brasil, não é incomum o manejo inadequado dos resíduos perigosos gerados em laboratórios de ensino e pesquisa, aumentando tais riscos. Para minimizar ou eliminar tais riscos, há que se realizarem investimentos em processos tecnológicos de tratamento e na seleção de métodos adequados ao gerenciamento. O objetivo desta pesquisa foi modelar um Sistema de Gerenciamento Integrado de Resíduos Perigosos e validá-lo através de sua aplicação em estudo piloto nos laboratórios dos Institutos de Química e Biologia da Universidade do Estado do Rio de Janeiro. A pesquisa empírica e exploratória foi realizada através de revisão bibliográfica e coleta de dados sobre o estado da arte no gerenciamento de resíduos em algumas IES nacionais e internacionais, seguido da seleção do sistema adequado a ser modelado e aplicado nestes contextos. O trabalho de campo consistiu na coleta de dados através de observação direta e aplicação de questionário junto aos responsáveis pelos laboratórios. As etapas do estudo foram: levantamento das instalações dos laboratórios; observação do manejo e geração dos resíduos; elaboração do banco de dados; análise qualitativa e quantitativa dos dados; modelagem do Sistema de Gerenciamento Integrado de Resíduos Perigosos SIGIRPE; implantação do modelo; apresentação e avaliação dos resultados; elaboração do manual para uso do sistema. O monitoramento quantitativo de resíduos foi feito através de ferramentas do sistema para a sua análise temporal. Os resultados da pesquisa permitiram conhecer a dinâmica e os problemas existentes nos laboratórios, bem como verificar a potencialidade do modelo. Conclui-se que o SIGIRPE pode ser aplicado a outros contextos desde que seja adequado para tal fim. É imprescindível ter uma estrutura institucional que elabore o Plano de Gerenciamento Integrado de Resíduos e viabilize sua implementação. A universidade, enquanto formadora dos futuros profissionais, é um lócus privilegiado na construção e disseminação do conhecimento, tendo o dever de realizar boas práticas no trato das questões ambientais, em particular, com relação aos resíduos. Assim, elas devem estabelecer entre suas estratégias de ação, a inclusão de políticas ambientais em seus campi, onde a Educação Ambiental deve ser permanente. Espera-se que este trabalho contribua com o planejamento e o gerenciamento dos resíduos perigosos gerados em laboratórios e com as mudanças necessárias rumo à sustentabilidade ambiental. O SIGIRPE foi elaborado e testado, mas não foi possível verificar sua aplicação por outros usuários. É o que se espera com a continuidade desta pesquisa e no desenvolvimento de futuros trabalhos, tais como: teste do sistema em hospitais, laboratórios, clínicas; estudar outras aplicações na área de segurança química de laboratórios através da inclusão de roteiro de transporte interno de resíduos, rotas de fuga, mapas de risco, localização de equipamentos de proteção individual e coletiva; demonstrar a potencialidade de uso do sistema e sensibilizar os segmentos envolvidos através de palestras, mini-cursos e outras estratégias de informação em revistas científicas especializadas.