Documents found
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50352.More information
The Amish arrived in Southern Ontario in 1822. This religious minority adopts specific socioreligious practices, such as the use of horses to farm and as a means of transportation, and intergenerational and communal familial cohabitation. Have the Courts in Ontario contributed to the acknowledgement of these socioreligious practices? If so, in what manner? It is postulated in this study that the Courts positively influenced the acknowledgment of the Amish socioreligious practices at the local level. Two cases are examined to explore this hypothesis, both concerning municipal law: Mornington (Township) v.Kuepfer and Stoll v. Kawartha Lakes (City) Committee of Adjustment. In the first case, the Amish community was granted the right to keep horses in a municipality where a by-law formally forbade such keeping. In the second case, the Amish community was granted the right to build a second house on farmland where such construction was forbidden. In both situations, the Courts, acting as a source of State authority, took into account the religious freedom afforded to this religious community, thus contributing to the acknowledgement of these specific socioreligious aspects of the Amish community.
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50353.More information
This article is in part a book review and in part a study of two institutions. In it, the author compares the origin and growth of the Supreme Court of Canada and of the Supreme Court of the United States. He uses Professors James G. Snell and Frederick Vaughan's The Supreme Court of Canada: History of the Institution as a starting point, and he compares various aspects of the two Supreme Courts. He points out similarities in the problems that the two have confronted since the beginning, and he indicates the manner in which these problems have been resolved by each.
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50355.More information
School actors mandated to monitor homeschooling are at the crossroads of normative, political and educational conflicts. They solve them by various practices: mutual understanding, agreement on disagreement, search for the child's interest and creativity, but also, negligence, abuse of power, protection of their professionality, incontestability and distrust. The reflexive governance theory offers a genetic training approach in order to support local actors' participation ininstitutional reflexivity rather than to a form of resistance. Homeschooling supervisors from four Quebec school boards participated in a research-training process aimed, on the one hand, at experimenting an accompanied self-training framework; on the other hand, at modeling the learning process of participation in institutional reflexivity. At the end of the process, participants realized pragmatic learning and genetic learning, having shifted from a mandated executant posture to that of change agent. The learning process components and their conditions of success are described.
Keywords: instruction en famille, gouvernance, gestion du changement, recherche-formation, réflexivité, homeschooling, governance, change management, research training, reflexivity, Instrucción en familia, gobernanza, gestión de cambio, investigación-formación, reflexividad
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50356.More information
In the United States, "Health Maintenance Organisations" (HMO) undertookto master the growth of the costs of the health. Numerous patients complainedabout the quality of the care under this regime and about limitations that HMOimposed on them, in particular in access to care. To the quality care issues underthis regime added the anxieties conceming patients' satisfaction. Has the formerdegraded under the regime HMO? On this subject, numerous studies compare thesatisfaction of the patients under the regime HMO to that of the patients in thetraditional System with "Fee-For-Service payment" (FFS). They also concern thevulnerable patients, such as the old or deprived persons, illustrating how difficultit is to measure of quality.
Keywords: Managed Care, HMO, patients, satisfaction, assurance, Managed Care, HMO, patients, satisfaction, insurance
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50357.More information
The article depicts the evolution of Managed Care. A first part describes and evaluatesthe Managed Care experience in the U S. After a review of the major events thatled to Managed Care in the U.S., the paper expands on cost-control mechanisms,changes in the medical practice and their impact on patient's health. In the secondpart, the article proposes a theoretical interpretation of the development of HMOsbased on the cost transaction theory, and uses the W.H.O evaluation grid to outlinethe orientations of the U.S. health care system.
Keywords: HMO, soins gérés, mécanismes de contrôle des coûts, théorie des coûts de transaction, Managed Care, HMO, Cost-Control mechanism, cost transaction theory, Managed Care
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50358.More information
Research on miracle-working images has shown that devotees attributed their power to the authentic likeness of the holy people these images possessed. An authentic likenss of Christ, for instance, possessed his seemingly infinite agency. Using the miraculous painting of the Annunciation at the Santissima (SS.) Annunziata in Florence as a case study, this article questions whether an image’s agency was indeed limitless. Based on an examination of various hagiographical writings on the shrine written during the Counter-Reformation period, in particular Angelo Lottini’s Scelta d’alcuni miracoli e grazie della Santissima Nunziata di Firenze, this article proposes that certain miracles were connected with the image’s origins. In light of James Frazer’s theory of sympathetic magic, and Alfred Gell’s more recent theory of art and agency, this article argues that these post-Tridentine writings define the Annunziata image’s agency by the circumstances of its origins, which made it especially (though not exclusively) powerful over problems relating directly or conceptually to the mind, imagination, and eyes.
Keywords: Counter-Reformation Art, Florence, Santissima Annunziata, Miracle-working Images, Hagiography, Agency, Giovanni Angelo Lottini, Luca Ferrini, Francesco Bocchi, Fertility
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50359.More information
This article offers a comprehensive account of Théodore de Bèze’s views on the punishment of heretics and a reflection on their broader significance. The core of its analysis focuses on Bèze’s earliest political work, the Anti-Bellius. It provides an assessment of five aspects of Bèze’s discussion: the legal basis for the punishment of heresy; the respective roles of civil and ecclesiastical authorities in disciplining heretics; the definition of heresy; the consensus of all relevant authorities on the matter; and the possibility of grounding justifications for coercion on absolute claims to religious truth. The concluding section examines the enduring role played by these ideas both in Bèze’s own later writings and in subsequent Reformed discussions of the subject. The historical import of Bèze’s formulations is shown to lie in their lasting influence and in the deeper reflections on the nature of political authority on which these formulations rested.
Keywords: Théodore de Bèze, heresy, religious coercion, Reformed political thought, Sebastian Castellio
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50360.More information
The most controversial of the recent amendments to Ontario’s Class Proceedings Act is the addition of two requirements to the certification test: to meet the preferable procedure criterion, s. 5(1.1) requires that common issues in the litigation must now “predominate” over individual issues, and a class action must be “superior” to all other forms of resolution. The importance of the interpretation of Ontario’s new certification test to the continued viability of class actions in the province merits a thorough and rigorous analysis of s. 5(1.1). The language of predominance and superiority is strikingly similar to requirements that have long applied to US class actions for monetary damages. As courts in Ontario begin to grapple with the new predominance and superiority requirements, however, the authors caution against turning to American jurisprudence for guidance. Several important structural differences between the Ontario and American class action regimes, as well as different constitutional considerations and a variety of approaches within US case law diminish its utility. Instead, the authors examine the history and language of the amendments to propose an interpretation of the predominance and superiority requirements that is informed by Canada’s own procedural and constitutional framework and that avoids the pitfalls of legal transplants.