scholarly journals When ideal and real culture clash - trust, infidelity and condom use

Curationis ◽  
2003 ◽  
Vol 26 (2) ◽  
Author(s):  
L Ackermann

With high rates of HIV transmission in South Africa, the correct and consistent use of condoms has become critically important. The findings reported in this article form part of a larger study that investigated the vulnerability of women to HIV infection. This article concentrates on one dimension of the study: how a clash between real and ideal culture negatively impacts upon condom use. This study, conducted in Bloemfontein, revealed that an ideal culture of trust, resulted in non condom use. On the other hand, this study also revealed that despite the emphasis on an ideal culture of trust, a real culture of infidelity exists. This places individuals at risk of contracting HIV, as condom use is guided by ideal rather than real culture.

Author(s):  
Tebogo Morajane

This contribution examines the provisions of the constitutive documents of companies under two specific provisions, namely s 65(2) of the Companies Act 61 of 1973 and s 15(6) of the Companies Act 71 of 2008.  The aim is to determine who is bound by these provisions, the circumstances which give rise to being bound by them, and the possible effect thereof on various parties. The provisions of the constitutive documents under section 65(2) of the 1973 Companies Act are interpreted by courts and academic writers to amount to a statutory contract between a company and its members and between members inter se. The members are said to be bound by the provisions of these documents only in their capacity as members. It is submitted, however, that the rights and obligations are granted to members in their capacity as such if they are membership rights which are granted by virtue on one’s membership. So far the courts have failed to provide a logical explanation of the concept “capacity of a member as such”. This failure and the “qua membership test” resulted in limitations in the interpretation of section 65(2): for example, the exclusion of persons who are regarded as outsiders. The directors, despite the fact that numerous provisions of the applicable article provides for their rights, have rights that are unenforceable via the articles, for being regarded as outsiders. The company on the other hand can enforce the obligations against the directors on the basis of breach of their fiduciary duties. These limitations called for a redraft of section 65(2).  This contribution raises the legal challenges raised by the above. It arrives inter alia at the conclusion that the “qua membership test” may find application under the 2008 Companies Act, since members/shareholders may be allowed to exercise rights that are membership rights granted to them by virtue of their membership, and directors may be allowed to exercise rights that are granted to them in their official capacities as such.


2016 ◽  
Vol 6 (4) ◽  
pp. 503-509 ◽  
Author(s):  
Hlako Choma ◽  
Thifulufhelwi Cedric Tshidada ◽  
Tshegofatso Kgarabjang

The purpose of this paper is to examine two South Africa legislations dealing with over indebtedness of a consumer. It is clear that in terms of the South African law, section 129 (1) and 130 (3) of the National Credit Act provide that a creditor provider who wishes to enforce a debt under a credit agreement must first issue a section 129 (1) (a) notice to the consumer (the purpose of the notice is to notify the consumer of his/her arrears). On the other hand, the South African National Credit Act encourages the consumers to fulfil the financial obligations for which they are responsible. The second legislation to be examined which serve or appear to serve same purpose as the National Credit Act is the Insolvency Act. It therefore, postulated that the compulsory sequestration of a consumer in terms of the Insolvency Act would stand as an alternative remedy for a credit provider before she/he can have recourse mechanisms, such as debt review that are focused on satisfaction of the consumer’s financial obligation , in terms of the provisions of the National Credit Act. The paper determines to what extend these measures comply with the constitutional consumer protection demands. The legislature had been pertinently cognizant of the Insolvency Act when it lately enacted the National Credit Act. This is much apparent from the express amendment of section 84 of the Insolvency Act to the extent set out in schedule 2 of the National Credit Act


Author(s):  
Hinne Hettema

This contribution addresses Hempel’s well-known “The Theoretician’s Dilemma” from the viewpoint of philosophy of chemistry. While from the viewpoint of mainstream philosophy of science it might appear that the issues raised by this paper, published in 1958, are well settled, philosophy of chemistry has the potential to reopen the debate on theoretical terms in an interesting way. In this contribution I will reopen the debate and approach the problem of theoretical terms in a fashion which may be instructive to the wider philosophy of science. In “The Theoretician’s Dilemma” the argument hinges on the purpose of theoretical terms. Theoretical terms either serve their purpose (that is, they form part of a deductive chain that establishes definite connections between observables), or they don’t. Hempel then mounts an argument to show that if theoretical terms serve their purpose, they can be dispensed with. On the other hand, of course, if the theoretical terms don’t serve their purpose, they should be dispensed with. Hence the dilemma shows that theoretical terms are unnecessary. Hempel’s way out of the dilemma is to attack its premise. Hempel argues that theoretical terms do more than just establish a convenient shorthand to describe observations. Theoretical terms, argues Hempel, serve an ontological function in addition to theoretical systematization. Theoretical terms pick out some essential feature of nature such that they allow theories to “track truth” (in the words of Psillos 1999). From the viewpoint of philosophy of chemistry, the issue is this. Chemical theories frequently refer to entities, such as “atoms,” “chemical elements,” “electrons,” and “orbitals” that have some counterpart of the same name in theories of physics. Such chemical theories, as per the quote from Nagel above, are generally formulated with great care, as are their counterparts in physics. Yet is also the case that the use of such terms in the theories of chemistry is in many cases inconsistent with how these same terms are conceived in physics.


1997 ◽  
Vol 8 (1) ◽  
pp. 40-43 ◽  
Author(s):  
Chuanchom Sakondhavat ◽  
Yuthapong Werawatanakul ◽  
Anthony Bennett ◽  
Chusri Kuchaisit ◽  
Sugree Suntharapa

Brothel workers in Thailand are at high risk of HIV infection but they alone do not have adequate bargaining power to insist on condom use with all clients. Brothel managers, on the other hand, are a source of influence over both clients and their workers and can promote universal condom use in their establishments. To test whether brothel managers in Khon Kaen City would adopt and successfully implement a condom-only policy in their establishments, all 24 brothel managers in Khon Kaen City attended a meeting on the dangers of HIV and benefits of an all-condom policy. Ideas on how to implement the policy were discussed. Follow-up visits were made once a month to brothels to resupply condoms, provide reinforcement and to collect data. All brothel managers approved of the condom-only in principle and are now implementing the policy. Results of the evaluation of condom use and degree of solidarity in these 24 brothels are available for the AIDS prevention programme. However, a condom-only policy in brothels can only succeed if managers and brothel workers show solidarity in rejecting all noncondom using clients. Laws to promote condom use may not be needed if brothels are given the opportunity to implement a condom-only policy using their own resourcefulness and determination.


2005 ◽  
Vol 4 (4) ◽  
pp. 314-323 ◽  
Author(s):  
Margareta Brännström ◽  
Christine Brulin ◽  
Astrid Norberg ◽  
Kurt Boman ◽  
Gunilla Strandberg

Advanced homecare for persons with congestive heart failure is a ‘new’ challenge for palliative nurses. The aim of this study is to illuminate the meaning of being a palliative nurse for persons with severe congestive heart failure in advanced homecare. Narrative interviews with 11 nurses were conducted, tape-recorded, and transcribed verbatim. A phenomenological-hermeneutic method was used to interpret the text. One meaning of being a palliative nurse is being firmly rooted and guided by the values of palliative culture. Being adaptable to the patient's way of life carries great weight. On one hand nurses live out this value, facilitating for the patients to live their everydaylife as good as possible. Being a facilitator is revealed as difficult, challenging, but overall positive. On the other hand nurses get into a tight corner when values of palliative culture clash and do not correspond with the nurses interpretation of what is good for the person with congestive heart failure. Being in such a tight corner is revealed as frustrating and giving rise to feelings of inadequacy. Thus, it seems important to reflect critical on the values of palliative culture.


Author(s):  
Hang Su ◽  
Susan Hunston

Abstract This study takes a lexical-grammatical approach to exploring the evaluation of human behaviour and/or character. It uses adjective complementation patterns as the starting point to examine the lexical-grammatical resources at risk in the appraisal system of judgement, aiming to explore the extent to which we can arrive at the same categorization of the resources realizing judgement if a formal or lexical-grammatical approach, rather than a discourse-semantic one, is taken. Using a corpus compiled of texts categorized as ‘Biography’ in the British National Corpus, the study, on the one hand, shows that most of the items identified can be very satisfactorily classified in terms posited in the judgement system, suggesting that the nomenclature from that model is useful. On the other hand, a considerable number of items have also been identified which construe attitudes towards emotional types of personality traits, leading to the proposal of a potentially useful new judgement category and further an adjusted system of judgement. The heuristic potential of aligning the lexical-grammatical and discourse-semantic approaches to appraisal is further discussed.


2010 ◽  
Vol 38 (2) ◽  
pp. 132-146 ◽  
Author(s):  
Wendee M. Wechsberg ◽  
Winnie K. Luseno ◽  
Tracy L. Kline ◽  
Felicia A. Browne ◽  
William A. Zule

1997 ◽  
Vol 14 (1) ◽  
pp. 223-227
Author(s):  
Gillian Paterson

AbstractThe worldwide epidemic of HIV/AIDS has in recent years begun to affect women, and infants born to them, in an alarming degree. Research done in a WCC program entitled "Women and Health and the Challenge of HIV/AIDS" has suggested that this situation is intimately linked both to patriarchy and irresponsible capitalism. The challenge for the church's mission is to work, on the one hand, to prevent the spread of HIV infection in very direct ways; on the other hand, it is to work for the dignity and autonomy of women in all cultures, including giving women voice and responsibility in the churches themselves.


1940 ◽  
Vol 10 (1) ◽  
pp. 213-221
Author(s):  
S. A. Rochlin

Writing about life in Mecca in 1884–5 Professor C. Snouck Hurgronje made this observation: ”A class of Jâwah who dwell outside the geographical boundaries but who in late years have made regular pilgrimages to Mekka are people from the Cape of Good Hope. They are derived from Malays, formerly brought to the Cape by the Dutch, with a small mixture of Dutch blood. Some words of their Malay speech have passed into the strange, clipped Dutch dialect of the Boers. On the other hand they have exchanged their mother tongue for Cape Dutch, of course retaining many Malay expressions. Taking into consideration the genuinely Dutch names of many of these Ahl Kâf (as they are called in Mekka) one is tempted to believe that degenerated Dutch have been drawn by them into their religion, and many types among them increase the probability of this suggestion. Separated from intercourse with other Moslims they would scarcely have had the moral strength to hold their religion had not eager co-religionists come to them from abroad. When and whence these came is not known to me; however this may be, the mosques in Cape Colony have been more fervently supported in the last twenty years than ever before, more trouble is taken in teaching religion and every year some of the Ahl Kâf fare on pilgrimage to the Holy City.“


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