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  • La reconnaissance factuelle : le récit itératif d’un accident pour rétablir un rapport à soi et à autrui

    Dubuis, Alexandre (University Library System, University of Pittsburgh, 2015-07-13)
    Ce texte s’inspire des notions d’identité narrative et d’ipséité pour analyser les récits d’accidents de grands brûlés de la face. Ces récits modulables et régulièrement énoncés par les personnes concernées sont considérés à travers deux axes: pour soi et pour autrui. Le “récit pour soi” assure principalement le maintien d’une identité fêlée par un traumatisme grave. Il amène pour le grand brûlé une continuité entre une identité ante et post brûlure que les changements drastiques de l’apparence ont bouleversée. Le “récit pour autrui” se donne quant à lui d’autres finalités. Il vise notamment à faciliter l’identification des séquelles et à diminuer ainsi l’inconfort interactionnel. Quelles que soient les formes variées qu’ils peuvent prendre,  ces deux types récits deviennent, dans leur ensemble, l’expression d’une lutte pour la reconnaissance menée par le grand brûlé pour rétablir un rapport aussi bien à soi qu’à autrui.
  • L’espace habité que réclame l’assurance intime de pouvoir: Un essai d’approfondissement sociologique de l’anthropologie capacitaire de Paul Ricoeur

    Breviglieri, Marc (University Library System, University of Pittsburgh, 2012-06-25)
    This article considers two sociological postures in relation to Paul Ricoeur’s anthropology of capable man. The first sociological approach scrutinizes the concept of human capacity from the perspective of Ricoeur’s hermeneutics. The second approach elaborated here aims to study the fundamental phenomena of the practical sphere exposed in Philosophie de la volonté. The question of capacities is raised to the upper level, where primitive sensitive experiences are carried out and human beings are still considered to be dependent on vital functions. A reflection will be carried out on the inner certainty of being able to be capable and consubstantial foundation of a practical space integrated by familiarity with the body schema. This study will allow for a critical illumination of social policies currently focused on the activation of individual capacities.
  • Die Protokollbücher des Ordens vom Goldenen Vlies - Teil 4: Der Übergang an das Haus Habsburg (1477 bis 1480)

    Dünnebeil, Sonja; Paravicini, Werner (Peter Lang GmbHPeter Lang Edition, 2016)
    The record books of the Order of Golden Fleece are the main source for the history of this important order of knighthood, which has been existing from the 15th century up to the present time. The here presented 4th record book covers the activities of the Order between 1477 and 1480 with the magnificent assembly in Bruges in spring 1478 as its climax: The Habsburgs Maximilian I as new Duke of Burgundy was installed as the new sovereign of the Order, symbolizing the beginning of a new era in the crisis-shaken Duchy of Burgundy. The volume contains the edition of the complete text (in 15th century French) with detailed commentary (in German) and a calendar of short abstracts of the letters issued by the Order or addressed to it. 
 The edition of the record book with their exact details concerning the location of the meetings, participants, agenda, resolutions, elections and ceremonies present a hitherto unstudied source of the history of Order. The book also offers an interesting view of the critical period within the history of the Duchy Burgundy, in that because it also deals with questions of identity, social control as well as of loyalty and felony.
  • Le concept de "hantises": de Derrida à Ricoeur (et retour)

    Stavo-Debauge, Joan (University Library System, University of Pittsburgh, 2012-12-14)
    Cet article considère l’utilisation du concept de « hantise » chez Derrida et Ricœur. Commençant par l’usage du concept par Derrida dans Spectre de Marx, l’article vient ensuite sur la façon dont Ricœur dessine deux usages distincts du même concept dans La mémoire, l’histoire et l’oubli et dans Parcours de la reconnaissance. Après avoir évalué les différents usages de ce concept dans le travail de Ricœur, l’article propose une nouvelle compréhension de ce phénomène de la "hantise", à l’horizon de son utilisation par les sciences sociales et historiques.
  • Food Redistribution in the Nordic Region

    Gram-Hanssen, Irmelin; Hanssen, Ole Jørgen; Hultén, Johan; Silvennoinen, Kirsi; Werge, Mads; Stenmarck, Åsa; Aare, Ane Kirstine (Nordic Council of Ministers, 2016)
    The Nordic Food Redistribution Project investigates food waste reduction through the redistribution of surplus food. The project goal is to increase and improve redistribution activities from donors to food banks and charity organisations in order to enhance both environmental and social sustainability in the Nordic region. The phase II report proposes best practice models concerning legislation, organisation, quality assurance and registration of food. Report recommendations are addressed at redistribution and food-serving actors, donors and authorities and focus on how to improve the quality of redistributed food, how to enhance collaboration between the various actors as well as how to prioritize and secure funding for redistribution activities. The report is part of the Nordic Prime Ministers’ green growth initiative: “The Nordic Region – leading in green growth.”
  • Nordic digital identification (eID)

    Hansteen, Kjell; Ølnes, Jon; Alvik, Tor (Nordic Council of Ministers, 2016)
    This publication presents the survey results and policy recommendations of a Nordic study of national eID-systems. The countries that have been studied are Denmark, Finland, Iceland, Norway and Sweden. The aim of the study is to facilitate and lay a foundation for discussions about the similarities and differences in legal, organisational, technical and data approaches taken by the different countries. The survey data has been gathered with the assistance of the members of a project reference group. The data has been analysed and structured into a number of highlighted issues (chapter 1). The highlighted issues have been in turn used as baseline for a set of recommendations (chapter 9). The Nordic Council of Ministers has provided funding and facilitated the staffing of the reference group. The Norwegian Agency for Public Management and e-Government, Difi, has been the project owner and provided project resources.
  • Introduction (fr)

    Dierckxsens, Geoffrey (University Library System, University of Pittsburgh, 2016-01-19)
    Introductin (french) to the issue on "Justice at its Margin"
  • When Local Governments Misbehave

    Shelley Ross Saxer; Vice Dean and Laure Sudreau-Rippe Chair in Law, Pepperdine University School of Law (University of Utah, 2016-04-18)
    his Article addresses one of the lingering questions following the Supreme Court’s decision in Koontz  v.  St.  Johns  River  Water Management District. In that land use case, the Court held that proposed local government monetary exactions from property owners to permit land development were subject to the same heightened scrutiny test as imposed physical exactions. The Court left unanswered the question of how broadly this heightened scrutiny should be applied to other monetary obligations imposed by the government. The Article argues that “in-lieu” exactions that are individually assessed as part of the permitting process should be treated differently than the impact fees that are developed through the legislative process and are applied equally to all developers without regard to a specific project. Accordingly, Koontz’s application should be limited to “the special context of land-use exactions” during a permitting process rather than be extended to all regulatory monetary obligations. The Article begins by identifying the various levels of scrutiny applied to land use decisions and shows how these levels are designed to prevent the abuse of power, particularly when actions are exercised at the individualized level. It concludes by suggesting that exactions that result in a permanent physical occupation of real property should be subject to heightened scrutiny. However, only administrative, individualized, monetary exactions, designed to replace a physical exaction, such as the kind involved in Koontz, should be subject to heightened scrutiny to control the potential for abuse. Legislatively determined monetary conditions such as impact fees, but not taxes, should be subject to review under state statutory or judicial standards, which range from a rational basis test to more stringent tests, such as the dual rational nexus test or the Nollan/Dolan test. In the absence of a state standard of review, legislatively enacted impact fees challenged in federal court should be analyzed under the deferential rational basis test for land use regulation. 
  • The Neoliberal Turn in Environmental Regulation

    Jason J. Czarnezki; .B., J.D., University of Chicago; Gilbert and Sarah Kerlin Distinguished Professor of Environmental Law and Executive Director of Environmental Law Programs, Pace University School of Law.; Katherine Fiedler; Katherine Fiedler. J.D. Candidate, Pace University School of Law (2017). (University of Utah, 2016-04-18)
    Regulation has taken a neoliberal turn, using market-based mechanisms to achieve social benefits, especially in the context of environmental protection, and promoting information dissemination, labeling, and advertising to influence consumer preferences. Although this turn to neoliberal environmental regulation is well under way, there have been few attempts to manage this new reality. Instead, most commentators simply applaud or criticize the turn. If relying on neoliberal environmental reform (i.e., facing this reality regardless of one’s view of this turn), regulation and checks on these reforms are required. This Article argues that in light of the shift from traditional to neoliberal “substantive” environmental regulation, “procedural” checks are required through regulation and legislation to improve the quality of the market-based and informational neoliberal approaches, including oversight via regulation that ensures accuracy in valuation of natural resources, increases and improves the quality of the information provided by consumers, and requires greater accountability and accuracy from institutions making green claims to consumers.
  • RLUIPA and the Limits of Religious Institutionalism

    Zachary Bray; Assistant Professor, University of Houston Law Center (University of Utah, 2016-04-18)
    What special protections, if any, should religious organizations receive from local land use controls? The Religious Land Use and Institutionalized Persons Act (“RLUIPA”)—a deeply flawed statute has been a magnet for controversy since its passage in 2000. Yet until recently, RLUIPA has played little role in debates about “religious institutionalism,” a set of ideas that suggest religious institutions play a distinctive role in developing the framework for religious liberty and that they deserve comparably distinctive deference and protection. This is starting to change: RLUIPA’s magnetic affinity for controversy has begun to connect conflicts over religious land use with larger debates about religious institutionalism. But as this Article will show, there are many good reasons to reject an institutional interpretation of RLUIPA. An institutional interpretation of the statute is inconsistent with RLUIPA’s stated purpose, and will create two tiers of religious claimants, thereby providing unnecessary advantages to existing religious institutions while denying those advantages to new religious institutions. Moreover, reading and applying RLUIPA through the lens of religious institutionalism threatens to exacerbate existing problems that surround what is already a very difficult statute. In short, an institutional interpretation of RLUIPA would not fix the statute’s many flaws; rather, it would make a bad statute much worse.
  • Literary Trials - Exceptio Artis and Theories of Literature in Court

    Grüttemeier, Ralf (Bloomsbury Publishing, 2016)
    From the 19th century onwards, famous literary trials have caught the attention of readers, academics and the public at large. Indeed it is striking that more often than not, it was the texts of renowned writers that were dealt with by the courts, as for example Gustave Flaubert's Madame Bovary and Charles Baudelaire's Les Fleurs du Mal in France, James Joyce's Ulysses and Henry Miller's Tropic of Cancer in the US, D.H. Lawrence's Lady Chatterley's Lover in Great-Britain, up to the more recent trials on Klaus Mann's Mephisto and Maxim Biller's novel Esra in Germany.
 
 By bringing together international leading experts, Literary Trials represents the first step towards a systematic discussion of literary trials on a global scale. Beginning by first reassessing some of the most famous of these trials, it also analyses less well-known but significant literary trials. Special attention is paid to recent developments in the relationship between literature and judicature, pointing towards an increasing role for libel and defamation in the societal demarcation of what literature is, and is not, allowed to do.
 
 This title was made Open Access by libraries from around the world through Knowledge Unlatched.
  • Front Matter

    i - Pages (University of Utah, 2016-04-18)
    Masthead and Table of Contents
  • Conversational Writing - A Multidimensional Study of Synchronous and Supersynchronous Computer-Mediated Communication

    Jonsson, Ewa; Kohnen, Thomas; Mukherjee, Joybrato (Peter Lang GmbH, 2015)
    The author analyses computer chat as a form of communication. While some forms of computer-mediated communication (CMC) deviate only marginally from traditional writing, computer chat is popularly considered to be written conversation and the most “oral” form of written CMC. This book systematically explores the varying degrees of conversationality (“orality”) in CMC, focusing in particular on a corpus of computer chat (synchronous and supersynchronous CMC) compiled by the author. The book employs Douglas Biber’s multidimensional methodology and situates the chats relative to a range of spoken and written genres on his dimensions of linguistic variation. The study fills a gap both in CMC linguistics as regards a systematic variationist approach to computer chat genres, and in variationist linguistics as regards a description of conversational writing.
  • Obstacles to integrated communication (IC) implementation : critiques of existing models and recommendations for a new South African model

    Niemann-Struweg, Ilse; Grobler, Anske F. (College of Economic and Management Sciences, University of South Africa, 2008-05-05)
    After almost 15 years of existence, integrated communication (IC) is still
 difficult to implement in order to integrate all the marketing and
 communication efforts of an enterprise. It is contended that the first
 reason for this is the confusion between the concepts of ‘integrated
 marketing communication’ (IMC) and ‘integrated communication’ (IC).
 Secondly, structural and/or functional obstacles in existing global
 models (developed predominantly in Europe and America) prohibit or
 deter successful communication integration with all stakeholders. The
 purpose of this article was to explore the differences between the
 concepts of IMC and IC and to critique the six existing models of IC
 implementation in order to work towards the development of a more
 encompassing IC implementation model (especially for South Africa)
 that truly resembles the essence of IC. An extensive literature study was
 conducted for the first objective, and comparative analysis was
 employed as the research methodology for pursuing the second
 objective. It is concluded that IC evolved from IMC, and it is argued
 that IC implementation models should address integration from an
 organisation-wide perspective, including more than merely communication
 per se. All the various dimensions of communication, both internal
 as well as external to the organisation, should be involved to ensure
 total brand communication. The value of the research lies in the fact that
 an attempt is made to resolve the confusion surrounding the concepts
 of IMC and IC. Based on this clarification, the existing models of IC are
 critiqued against the true essence of IC rather than IMC. Lastly, ten
 recommendations for a new IC implementation model are formulated,
 and the South African context is touched upon.
  • Bridging the gap between public relations and investor relations : a survey among management students

    anske.grobler@up.ac.za; Grobler, Anske F.; Landman, M.; Parreira, M. (College of Economic and Management Sciences, University of South Africa, 2008-05-19)
    In today's competitive and challenging South African organisational environment,
 investor relations (IR) is delegated to either the accounting or the corporate
 communication (Public Relations) department. Do accountants have the necessary
 communication skills, however? Conversely, few communication practitioners have a
 working knowledge of accounting. This indicates a definite gap in the market place for
 IR practitioners with an academic background in both these fields. The main objectives
 of this study were to understand the theoretical definitions of public relations (PR),
 financial communication, accounting and IR; to determine the perceptions of
 accounting and communication students regarding whose responsibility IR is; and to
 determine these students' opinions as to whether IR practitioners should have both
 accounting and communication knowledge. The study was a quantitative, formal,
 descriptive study conducted under field conditions. A self-administered questionnaire
 was distributed among accounting sciences and communication management students
 to determine the differences in their opinions regarding whose responsibility IR should
 be and what knowledge and skills an IR practitioner should have. Using a k-sample
 chi-square test, it was determined that there was a significant difference in the
 perceptions of students regarding whose responsibility IR is. A one-way ANOVA test
 indicated that students' opinions do not differ significantly on the need for IR
 practitioners to have knowledge of both Accounting Sciences and Communication
 Management.
  • Leisure travellers' willingness to pay travel agents in a new revenue environment : a survey based on South Africa

    Lubbe, Berendien Anna; Endres, B.; Ferreira, J. (College of Economic and Management Sciences, University of South Africa, 2008-05-19)
    The travel industry has experienced major changes and continues to do
 so. The airline industry is no longer paying commission to travel agents,
 and agents are now charging fees to clients for various types of services,
 as business and leisure travel become increasingly specialised. The role
 of the travel agent has changed from that of an agent for the supplier to
 an agent for the customer. For business travel, the travel agent has
 evolved into a travel management company serving the business and
 corporate travel market. Traditional travel agencies have started to
 focus more on the leisure traveller. The development of the Internet has
 resulted in a proliferation of channels that can be accessed by the
 leisure traveller, further eroding the role of the travel agent as a provider
 of travel information and a mechanism for reservations and transactions.
 The question that arises is whether the customers of a leisure
 travel agency are willing to pay for services that could feasibly be
 obtained elsewhere. In this study, customers of a travel agency
 franchise group were surveyed with respect to their willingness to pay
 for the services rendered by a travel agent. The results show that many
 leisure customers find that the services rendered by travel agencies are
 important, but believe that a distinction should be made between the
 type of service fee and whether the travel is international or local.
  • Evaluation of the need to introduce a system of group taxation in South Africa

    Wilcocks, Jolani S.; Middelmann, S.N. (College of Economic and Management Sciences, University of South Africa, 2010-07-19)
    In a group structure, individual companies comprising a group are effectively managed as a single 'economic unit'. The economic unit concept refers to a group of companies that are collectively integrated on a financial, an organisational or an economic basis by virtue of common control, so that they are working towards a common purpose or goal. The South African income tax dispensation currently makes no provision for group taxation. Each legal entity within a group is taxed as a separate taxpayer. This study aims to evaluate whether there is a need for a system of group taxation in South Africa. In order to do so, the definition of a group was considered, the different tax treatment of divisions as opposed to a group structure were investigated, the current income tax dispensation for inter-group transactions was analysed, and anomalies arising from that were highlighted. The recommendations of the Katz Commission in its Third Interim Report, which addressed the issue of group taxation, were also examined to determine whether the report supports the implementation of a system of group taxation in South Africa. The impact of a system of group taxation for meeting the requirements of the canons of taxation, as well as the implications for the fiscus and the taxpayer, were also examined. The analyses and the conclusions clearly show that the status quo with regard to the inherent tax anomalies arising from the taxation of intra-group transactions is unsustainable, and that a system of group taxation should be implemented in South Africa.
  • Best practice relationship with service quality in a home entertainment franchised system

    Maritz, Alex; Nieman, Gideon (College of Economic and Management Sciences, University of South Africa, 2008-05-19)
    Complementing the service vision in organisations leads to the development of best practice initiatives, often adopted by innovative firms in competitive industries and environments. Such initiatives are regarded as pivotal for survival and achieving competitive advantage (Porter 1998). The Video Software Dealers Association of America (VSDA 2001) described best practice in the home entertainment industry, as identified by Arthur Andersen Business consultants. This covered wide-ranging aspects, including understanding customers and markets, developing vision and strategy, refining store product offerings, implementing the marketing plan, creating promotions and in-store merchandising and clear in-store operations. Customer service findings included that best customer service is one-to-one, and that strong relationships and loyalty are developed between staff and customers through consistency of management and staff and by personalising customer service. The study evaluates the best practice relationship with service quality (SERVQUAL), using descriptive and inferential statistics. The techniques include Surveypro, SPSS, Kruskal-Wallis, and Cronbach's alpha as a reliability measure. We accept the hypothesis that best practice initiatives are positively associated with service quality. Recommendations for implementation are suggested, together with future research alternatives.
  • Executive compensation and the EVA and MVA performance of South African listed companies

    johannes.dewet@up.ac.za; De Wet, Johannes H.v.H. (Johannes Hendrik van Heerden) (College of Economic and Management Sciences, University of South Africa, 2013-02-13)
    The media regularly report a growing incidence of non-alignment of
 executive pay and performance, and in some cases, no link between
 the two whatsoever. The advent of new measures of shareholder
 wealth such as economic value added (EVA) and market value added
 (MVA) have allowed some companies to link executive remuneration
 to shareholder wealth creation. The purpose of this study is to
 test the relationship between executive remuneration of South
 African listed companies and EVA and MVA, as well as traditional
 performance measures such as return on assets (ROA) and return on
 equity (ROE). The findings indicate that there is indeed a significant
 relationship between executive remuneration and EVA and MVA, but
 that the correlation is better between executive remuneration and
 ROA and ROE. It is concluded that South African companies need
 to shift the emphasis away from traditional performance measures
 to value-creation measures when designing and implementing
 executive compensation plans.
  • An appropriate financial perspective for a balanced scorecard

    De Wet, Johannes H.v.H. (Johannes Hendrik van Heerden); De Jager, P. (College of Economic and Management Sciences, University of South Africa, 2008-05-05)
    The balanced scorecard has proved itself as a valuable strategic tool in
 measuring not only the financial performance, but also the customer
 focus, internal business processes and learning and growth of a
 company. To date, very little has been done to incorporate new
 breakthroughs in financial management in the financial perspective of
 the balanced scorecard. In this study, new trends in financial management
 research are recognised in suggesting a ‘balanced financial
 scorecard’ comprising only five selected measures of financial performance.
 The statistical technique of principal component analysis is used
 to test the ability of these five measures to predict the market value
 added (MVA) of a company, compared to the predictive power of a range
 of accounting ratios. The results show that over the long term, the five
 suggested measures out-perform traditional accounting ratios, thus
 lending support to the contention that the five suggested measures
 better represent the drivers of shareholder value than do the traditional
 accounting ratios. The search for a balanced financial perspective is an
 ongoing process, but the suggested measures could make a constructive
 contribution in taking this process forward.

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