Search results for: online judges
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 2745

Search results for: online judges

2745 Towards Expanding the Use of the Online Judge UnitJudge for Java Programming Exercises and Web Development Practices in Computer Science Education

Authors: Iván García-Magariño, Javier Bravo-Agapito, Marta López-Fernández

Abstract:

Online judges have proven their utility in partial auto-evaluation of programming short exercises in the last decades. UnitJudge online judge has the advantage of facilitating the evaluation of separate units to provide more segregate and meaningful feedback to students in complex exercises and practices. This paper discusses the use of UnitUdge in advanced Java object-oriented programming exercises and web development practices. This later usage has been proposed by means of the Selenium Java library and classes to provide the web address. Consequently, UnitJudge is an online judge system that can be applied in several subjects, and therefore, many other students would take advantage of self-testing their exercises. This paper presents the experiments with a Java programming exercise for learning Java object-oriented classes with a generic type. Considering 10 students who voluntarily used UnitJudge, 80% successfully learned this concept, passing the judge exercise with correct results.

Keywords: online judges, programming skills, computer science education, auto-evaluation

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2744 The Influence of Immunity on the Behavior and Dignity of Judges

Authors: D. Avnieli

Abstract:

Immunity of judges from liability represents a departure from the principle that all are equal under the law, and that victims may be granted compensation from their offenders. The purpose of the study is to determine if judicial immunity coincides with the need to ensure the existence of highly independent and incorruptible judiciary. Judges are immune from civil and criminal liability for their judicial acts. Judicial immunity is justified by the need to maintain complete independence and discretion of the judiciary. Scholars and judges believe that absolute immunity is needed to shield judges from pressures, threats, or outside interference. It is commonly accepted, that judges should be free to perform their judicial role in accordance with their assessment of the fact and their understanding of the law, without any restrictions, influences, inducements or interferences. In most countries, immunity applies when judges act in excess of jurisdiction. In some countries, it applies even when they act maliciously or corruptly. The only exception to absolute immunity applicable in all judicial systems is when judges act without jurisdiction over the subject matter. The Israeli Supreme Court recently decided to embrace absolute immunity and strike off a lawsuit of a refugee, who was unlawfully incarcerated. The Court ruled that the plaintiff cannot sue the State or the judge for damages. The questions of malice, dignity, and public scrutiny were not discussed. This paper, based on comparative analysis of many cases, aims to determine if immunity affects the dignity and behavior of judges. It demonstrates that most judges maintain their dignity and ethical code of behavior, but sometimes do not hesitate to act consciously in excess of jurisdiction, and in rare cases even corruptly. Therefore, in order to maintain independent and incorruptible judiciary, immunity should not be applied where judges act consciously in excess of jurisdiction or with malicious incentives.

Keywords: incorruptible judiciary, immunity, independent, judicial, judges, jurisdiction

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2743 The Interaction of Lay Judges and Professional Judges in French, German and British Labour Courts

Authors: Susan Corby, Pete Burgess, Armin Hoeland, Helene Michel, Laurent Willemez

Abstract:

In German 1st instance labour courts, lay judges always sit with a professional judge and in British and French 1st instance labour courts, lay judges sometimes sit with a professional judge. The lay judges’ main contribution is their workplace knowledge, but they act in a juridical setting where legal norms prevail. Accordingly, the research question is: does the professional judge dominate the lay judges? The research, funded by the Hans-Böckler-Stiftung, is based on over 200 qualitative interviews conducted in France, Germany and Great Britain in 2016-17 with lay and professional judges. Each interview lasted an hour on average, was audio-recorded, transcribed and then analysed using MaxQDA. Status theories, which argue that external sources of (perceived) status are imported into the court, and complementary notions of informational advantage suggest professional judges might exercise domination and control. Furthermore, previous empirical research on British and German labour courts, now some 30 years old, found that professional judges dominated. More recent research on lay judges and professional judges in criminal courts also found professional judge domination. Our findings, however, are more nuanced and distinguish between the hearing and deliberations, and also between the attitudes of judges in the three countries. First, in Germany and Great Britain the professional judge has specialist knowledge and expertise in labour law. In contrast, French professional judges do not study employment law and may only seldom adjudicate on employment law cases. Second, although the professional judge chairs and controls the hearing when he/she sits with lay judges in all three countries, exceptionally in Great Britain lay judges have some latent power as they have to take notes systematically due to the lack of recording technology. Such notes can be material if a party complains of bias, or if there is an appeal. Third, as to labour court deliberations: in France, the professional judge alone determines the outcome of the case, but only if the lay judges have been unable to agree at a previous hearing, which only occurs in 20% of cases. In Great Britain and Germany, although the two lay judges and the professional judge have equal votes, the contribution of British lay judges’ workplace knowledge is less important than that of their German counterparts. British lay judges essentially only sit on discrimination cases where the law, the purview of the professional judge, is complex. They do not sit routinely on unfair dismissal cases where workplace practices are often a key factor in the decision. Also, British professional judges are less reliant on their lay judges than German professional judges. Whereas the latter are career judges, the former only become professional judges after having had several years’ experience in the law and many know, albeit indirectly through their clients, about a wide range of workplace practices. In conclusion, whether or if the professional judge dominates lay judges in labour courts varies by country, although this is mediated by the attitudes of the interactionists.

Keywords: cross-national comparisons, labour courts, professional judges, lay judges

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2742 The Emerging Global Judicial Ethics: Issues and Problems

Authors: Caroline Foulquier-Expert

Abstract:

In many states around the world, actions to improve judicial ethics are developing significantly through the production of professional standards for judges. The quest to improve the ethics of judges is legitimate. However, as this development tends to be very important at the moment, some risks it presents must be highlighted. Indeed, if the objective of improving Judges’ Ethics is legitimate, it can also lead to banalization of justice, reinforcement of criticism against the judiciary and to broach incidentally the question of the limits of judgment, which is most perilous for the independence of the judiciary. This research, based on case studies, interviews with judges and an analysis of the literature on this topic (mainly from the United States of America and European Union Member States), tends to draw attention to the fact that the result of the development of these professional standards is that the ethical requirements of judges become ethical requirements of justice, which is an undesirable effect of which we must be aware, in order to prevent it.

Keywords: judicial ethics, codes of conduct, independence, limits of judgment

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2741 Judicial Personality: Observing the Acceptable Limits

Authors: Sonia Anand Knowlton

Abstract:

In many ways, judges can express their personality within and beyond their role as a judge. Judges can use their unique backgrounds and life experiences to inform their legal reasons and can also participate in certain extrajudicial activities outside of their role on the bench. For many judges, the line between the expression of this judicial personality, on the one hand, and the consequence of jeopardizing the public’s perception of their impartiality, on the other, is ambiguous if not wholly unclear. In the famous Canadian decision R v RDS, for instance, a Black judge who was hearing a case about police violence against a Black person was accused of being biased after she acknowledged that her community’s racial dynamics may have impacted the police’s conduct. Many within the legal community might find comfort in the belief that judges do not need to bring their ‘personality’ to the bench in order to uncover the law’s truths and impartially apply it. Indeed, and for a good reason, judges are often discouraged from allowing their personality to shine through in their role as a judge – because the expression of judicial personality can compromise the public perception of the impartiality of the administration of justice. This paper evaluates the theoretical constraints on the expression of judicial personality as a tool for legal decision-making and argues that judges from minority groups are held to a higher level of impartiality. Specifically, minority judges are disproportionately constrained from 1) using life experience to apply the law and 2) engaging in certain extrajudicial activities.

Keywords: judging, legal decision making, judicial personality, extrajudicial activities

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2740 Psychopathic Disorders and Judges Sentencing: Can Neurosciences Change this Aggravating Factor in a Mitigating Factor?

Authors: Kevin Moustapha

Abstract:

Psychopathy is perceived today as being «the most important concept in the criminal justice system» and as «the most important legal notion of the early 21 th century». The explosion of research related to psychopathy seems to perfectly illustrate this trend. Traditionally, many studies tend to focus on links between insanity defense and psychopathy. That is why our purpose in this article is to analyze psychopathic disorders in the scope of judges sentencing in Canada. Indeed, in every Canadian case related to dangerous offenders, judges must balance between fairness and protection of the individuals rights of the accused and protection of society from dangerous predators who may commit future acts of physical or sexual violence. Increasingly, psychopathic disorders are taking an important part in judge sentencing, especially in Canada. This phenomenon can be illustrated by the high proportion of psychopath offenders incarcerated in North American prisons. Many decisions in Canadians courtrooms seem to point out that psychopathy is often used as a strong argument by the judges to preserve public safety. The fact that psychopathy is often associated with violence, recklessness and recidivism, it could explain why many judges consider psychopathic disorders as an aggravating factor. Generally, the judge reasoning is based on article 753 of Canadian Criminal Code related to dangerous offenders, which is used for individuals who show a pattern of repetitive and persistent aggressive behaviour. However, with cognitive neurosciences, the psychopath’s situation in courtrooms would probably change. Cerebral imaging and news data provided by the neurosciences show that emotional and volitional functions in psychopath’s brains are impaired. Understanding these new issues could enable some judges to recognize psychopathic disorders as a mitigating factor. Two important questions ought to be raised in this article: can exploring psychopaths ‘brains really change the judge sentencing in Canadian courtrooms? If yes, can judges consider psychopathy more as a mitigating factor than an aggravating factor?

Keywords: criminal law, judges sentencing, neurosciences, psychopathy

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2739 The Meaning of the Best Interests of the Child in Indonesia’s Rampant Phenomenon of Child Marriage

Authors: Elisabeth Sundari, Anny Retnowati

Abstract:

This research aims to examine the meaning of 'the best interests of the child' in Indonesia's rampant phenomenon of child marriage. The methodology used empirical and normative legal research by examining the parent's reason and the judges' considerations in granting child marriage dispensation applications. It takes data samples from judges' decisions purposively in two courts that differ in geographical and religious backgrounds to see data variation. Namely, the District Court and Religious Court of Yogyakarta City, as well as Gunung Kidul Regency, in the last three years (2020-2022). It analyses the data qualitatively to explore how judges interpreted 'the best interests of the child' in their decision. The results show that judges granted 100% of all child marriage dispensation applications filed by parents. The three reasons parents gave for applying for dispensation were that they were ashamed of having a pregnant child without being married, followed religious teachings, and obtained legal status for the baby. The judges supported those reasons by granting the dispensation application. The external factor of the child itself influenced the meaning of 'The best interests of the child' in marrying off children in Indonesia, such as cultural taboos, religious teachings, and obtaining legal status for the baby, rather than internal factors of the child, such as the will to marry, the mental and psychological readiness of the child to become a mother, as well as a wife. This research contributes to the finding that external factors, such as local culture and religion, can influence the meaning of 'the best interests of the child.'

Keywords: interests, child, Indonesia, marriage

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2738 Another Justice: Litigation Masters in Chinese Legal Story

Authors: Lung-Lung Hu

Abstract:

Ronald Dworkin offered a legal theory of ‘chain enterprise’ that all the judges in legal history altogether create a ‘law’ aiming a specific purpose. Those judges are like co-writers of a chain-story who not only create freely but also are constrained by the story made by the judges before them. The law created by Chinese traditional judges is another case, they, compared with the judges mentioned by Ronald Dworkin, have relatively narrower space of making a legal sentence according to their own discretions because the statutes in Chinese traditional law at the very beginning have been designed as panel code that leaves small room to judge’s discretion. Furthermore, because law is a representative of the authority of the government, i.e. the emperor, any misjudges and misuses deviated from the law will be considered as a challenge to the supreme power. However, different from judges as the defenders of law, Chinese litigation masters who want to win legal cases have to be offenders challenging the verdict that does not favor his or his client’s interest. Besides, litigation master as an illegal or non-authorized profession does not belong to any legal system, therefore, they are relatively freer to ‘create’ the law. According to Stanley Fish’s articles that question Ronald Dworkin and Owen Fiss’ ideas about law, he construes that, since law is made of language, law is open to interpretations that cannot be constrained by any rules or any particular legal purposes. Stanley Fish’s idea can also be applied on the analysis about the stories of Chinese litigation masters in traditional Chinese literature. These Chinese litigation masters’ legal opinions in the so-called chain enterprise are like an unexpected episode that tries to revise the fixed story told by law. Although they are not welcome to the officials and also to the society, their existence is still a phenomenon representing another version of justice different from the official’s and can be seen as a de-structural power to the government. Hence, in this present paper the language and strategy applied by Chinese litigation masters in Chinese legal stories will be analysed to see how they refute made legal judgments and challenge the official standard of justice.

Keywords: Chinese legal stories, interdisciplinary, litigation master, post-structuralism

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2737 The Jurisprudential Evolution of Corruption Offenses in Spain: Before and after the Economic Crisis

Authors: Marta Fernandez Cabrera

Abstract:

The period of economic boom generated by the housing bubble created a climate of social indifference to the problem of corruption. This resulted in the persecution and conviction for these criminal offenses being low. After the economic recession, social awareness about the problem of corruption has increased. This has led to the Spanish citizenship requiring the public authorities to try to end the problem in the most effective way possible. In order to respond to the continuous social demands that require an exemplary punishment, the legislator has made changes in crimes against the public administration in the Spanish Criminal Code. However, from the point of view of criminal law, the social change has not served to modify only the law, but also the jurisprudence. After the recession, judges are punishing more severely these conducts than in the past. Before the crisis, it was usual for criminal judges to divert relevant behavior to other areas of the legal system such as administrative law and acquit in the criminal field. Criminal judges have considered that administrative law already has mechanisms that can effectively deal with this type of behavior in order to respect the principle of subsidiarity or ultima ratio. It has also been usual for criminal judges to acquit civil servants due to the absence of requirements unrelated to the applicable offense. For example, they have required an economic damage to the public administration when the offense in the criminal code does not require it. Nevertheless, for some years, these arguments have either partially disappeared or considerably transformed. Since 2010, a jurisprudential stream has been consolidated that aims to provide a more severe response to corruption than it had received until now. This change of opinion, together with greater prosecution of these behaviors by judges and prosecutors, has led to a significant increase in the number of individuals convicted of corruption crimes. This paper has two objectives. The first one is to show that even though judges apply the law impartially, they are flexible to social changes. The second one is to identify the erroneous arguments the courts have used up until now. To carry out the present paper, it has been done a detailed analysis of the judgments of the supreme court before and after the year 2010. Therefore, the jurisprudential analysis is complemented with the statistical data on corruption available.

Keywords: corruption, public administration, social perception, ultima ratio principle

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2736 The Relevance of the Generalist Judge’s Discretionary Limits in the Institutional Debate

Authors: Antonio Sepúlveda, Camila Marques, Carlos Bolonha, Igor De Lazari, Henrique Rangel

Abstract:

The judicial practice faces a tension between normative discretion and institutional capacities. There are clarity graduations of the statutory text that might induce different specialization levels of the judges. A major problem stemming from that tension is a greater discretion without a proportional specialization. The normative clarity, although its absence can be overcome through specialization, avoids problems related to disproportionate discretion and judicial dissonance. When judicial interpretation deals with the lack of legal clarity, a significant juridical insecurity frame is verified. Decisional uniformity mechanisms are created in order to surpass these problems. Brazil brings great examples, such as the súmulas, the enunciados, and the súmulas vinculantes. Despite of the resistance presented to the latter, mainly based on judges’ independence, even countries of the Common Law tradition develop such mechanisms. The British Guidelines face the lack of legal clarity problem and promote a decisional consonance system.

Keywords: generalist judges, institutional capacities, normative clarity, normative discretion

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2735 The Role of Validity and Reliability in the Development of Online Testing

Authors: Ani Demetrashvili

Abstract:

The purpose of this paper is to show how students trust online tests and determine validity and reliability in the development of online testing. The pandemic situation changed every field in the world, and it changed education as well. Educational institutions moved into the online space, which was the only decision they were able to make at that time. Online assessment through online proctoring was a totally new challenge for educational institutions, and they needed to deal with it successfully. Participants were chosen from the English language center. The validity of the questionnaire was identified according to the Likert scale and Cronbach’s alpha; later, data from the participants was analyzed as well. The article summarizes literature that is available about online assessment and is interesting for people who are interested in this kind of assessment. Based on the research findings, students favor in-person testing over online assessment due to their lack of experience and skills in the latter.

Keywords: online assessment, online proctoring

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2734 The Investigation on the Role of Colonial Judges in Protecting the Rights of Muslim Women to Dower and Divorce in British India: From the Period between 1800-1939

Authors: Sunil Tirkey

Abstract:

The colonial court records between 1800 to 1939 in India show the existence of excessive dower, which were usually paid at the dissolution of marriage to discourage divorce. Supporting this view of excessive dower as a useful device, Mitra Sharafi (legal historian of modern South Asia) argues that inflated dower and divorce law protected Muslim women against instant divorce, making it too expensive for husbands to use it. Further, according to her, British judges enhanced women’s rights to dower and divorce by pronouncing rulings in favour of a high amount of dower to protect the women against the one-sided authority of men to divorce. Contrary to the view of Sharafi, this paper will argue that inflated dower did not protect the rights of women against instant divorce and undesirable marriage, and British judges did not really work to better the lives of Muslim women. To prove so, we shall firstly argue from the court cases that it was challenging for women to prove divorce on the husbands’ denial of divorce in order to avoid the payment of dower. Secondly, it was almost impossible for women to get rid of their undesirable marriage, as divorce was impartially dependent on their husbands. Thirdly, Muslim women were often deprived of their unpaid prompt dower due to the rigorous application of colonial law of limitation by British judges. Furthermore, the abolition of the office of Muslim legal experts from the colonial courts in 1864 deprived Muslim women not only to avail the interpretation of Islamic law but to benefit from the diversity and flexibility of Islamic law in obtaining their right to dower and divorce.

Keywords: courts, divorce, inflated dower, Islamic law, women’s rights

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2733 Fear of Isolation, Online Efficacy, and Selective Exposure in Online Political Discourse

Authors: Kyujin Shim

Abstract:

This study explores how individual motivations in political psychology will lead to political expression and online discourse, and how those online political discourses result in individuals’ exposure to extreme/ personally-entertaining/ disinhibiting content. This study argues that a new framework beyond the conventional paradigm (e.g., selective exposure based on partisanship/ ideology) is needed for better grasp of non-ideological/ anarchic, and/or of nonpartisan yet anonymity-/ extremity-/ disinhibition-related online behaviors regarding political conversations. Further, this study proposes a new definition of ‘selective exposure,’ with special attention to online efficacy and psychological motivations/gratifications sought in the online sphere.

Keywords: selective exposure, fear of isolation, political psychology, online discourse

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2732 Internet Shopping: A Study Based On Hedonic Value and Flow Theory

Authors: Pui-Lai To, E-Ping Sung

Abstract:

With the flourishing development of online shopping, an increasing number of customers see online shopping as an entertaining experience. Because the online consumer has a double identity as a shopper and an Internet user, online shopping should offer hedonic values of shopping and Internet usage. The purpose of this study is to investigate hedonic online shopping motivations from the perspectives of traditional hedonic value and flow theory. The study adopted a focus group interview method, including two online and two offline interviews. Four focus groups of shoppers consisted of online professionals, online college students, offline professionals and offline college students. The results of the study indicate that traditional hedonic values and dimensions of flow theory exist in the online shopping environment. The study indicated that online shoppers seem to appreciate being able to learn things and grow to become competitive achievers online. Comparisons of online hedonic motivations between groups are conducted. This study serves as a basis for the future growth of Internet marketing.

Keywords: flow theory, hedonic motivation, internet shopping

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2731 Research on the Online Learning Activities Design and Students’ Experience Based on APT Model

Authors: Wang Yanli, Cheng Yun, Yang Jiarui

Abstract:

Due to the separation of teachers and students, online teaching during the COVID-19 epidemic was faced with many problems, such as low enthusiasm of students, distraction, low learning atmosphere, and insufficient interaction between teachers and students. The essay designed the elaborate online learning activities of the course 'Research Methods of Educational Science' based on the APT model from three aspects of multiple assessment methods, a variety of teaching methods, and online learning environment and technology. Student's online learning experience was examined from the perception of online course, the perception of the online learning environment, and satisfaction after the course’s implementation. The research results showed that students have a positive overall evaluation of online courses, a high degree of engagement in learning, positive acceptance of online learning, and high satisfaction with it, but students hold a relatively neutral attitude toward online learning. And some dimensions in online learning experience were found to have positive influence on students' satisfaction with online learning. We suggest making the good design of online courses, selecting proper learning platforms, and conducting blended learning to improve students’ learning experience. This study has both theoretical and practical significance for the design, implementation, effect feedback, and sustainable development of online teaching in the post-epidemic era.

Keywords: APT model, online learning, online learning activities, learning experience

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2730 In Online and Laboratory We Trust: Comparing Trust Game Behavior in Three Environments

Authors: Kaisa M. Herne, Hanna E. Björkstedt

Abstract:

Comparisons of online and laboratory environments are important for assessing whether the environment influences behavioral results. Trust game behavior was examined in three environments: 1) The standard laboratory setting with physically present participants (laboratory), 2) An online environment with an online meeting before playing the trust game (online plus a meeting); and 3) An online environment without a meeting (online without a meeting). In laboratory, participants were present in a classroom and played the trust game anonymously via computers. Online plus a meeting mimicked the laboratory in that participants could see each other in an online meeting before sessions started, whereas online without a meeting was a standard online experiment in which participants did not see each other at any stages of the experiment. Participants were recruited through pools of student subjects at two universities. The trust game was identical in all conditions; it was played with the same software, anonymously, and with stranger matching. There were no statistically significant differences between the treatment conditions regarding trust or trustworthiness. Results suggest that conducting trust game experiments online will yield similar results to experiments implemented in a laboratory.

Keywords: laboratory vs. online experiment, trust behavior, trust game, trustworthiness behavior

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2729 Factor Driving Consumer Intention in Online Shopping

Authors: Wanida Suwunniponth

Abstract:

The objectives of this research paper was to study the influencing factors that contributed the willingness of consumers to purchase products online included quality of website, perceived ease of use, perceived usefulness, trust on online purchases, attitude towards online shopping and intentions to online purchases. The research was conducted in both quantitative and qualitative methods, by utilizing both questionnaire and in-depth interview. A questionnaire was used to collect data from 350 consumers who had online shopping experiences in Bangkok, Thailand. Statistics utilized in this research included descriptive statistics and path analysis. The findings revealed that the factors concerning with quality of website, perceived ease of use and perceived usefulness played an influence on trust in online shopping. Trust also played an influence on attitude towards online purchase, whereas trust and attitude towards online purchase manipulated the intention of online purchase.

Keywords: e-commerce, intention, online shopping, TAM, technological acceptance model

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2728 Online Metacognitive Reading Strategies Use by Postgraduate Libyan EFL Students

Authors: Najwa Alsayed Omar

Abstract:

With the increasing popularity of the Internet, online reading has become an essential source for EFL readers. Using strategies to comprehend information on online reading texts play a crucial role in students’ academic success. Metacognitive reading strategies are effective factors that enhance EFL learners reading comprehension. This study aimed at exploring the use of online metacognitive reading strategies by postgraduate Libyan EFL students. Quantitative data was collected using the Survey of Online Reading Strategies (OSORS). The findings revealed that the participants were moderate users of metacognitive online reading strategies. Problem solving strategies were the most frequently reported used strategies, while support reading strategies were the least. The five most and least frequently reported strategies were identified. Based on the findings, some future research recommendations were presented.

Keywords: metacognitive strategies, online reading, online reading strategies, postgraduate students

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2727 Legal Interpretation of the Transplanted Law

Authors: Wahyu Kurniawan

Abstract:

Indonesia developed the legal system radically since 1999. Several laws have been established and mostly the result of transplantation. Laws were made general but legal problems have been growing. In the legal enforcement, the judges have authority to interpret the laws. Authority and freedom are the source of corruption by the courts in Indonesia. Therefore, it should be built the conceptual framework to interpret the transplanted laws as the legal basis in deciding the cases. This article describes legal development based on interpretation of transplanted law in Indonesia by using the Indonesian Supervisory Commission for Business Competition (KPPU) decisions between 2000 and 2010 as the object of the research. The study was using law as a system theory and theories of legal interpretation especially the static and dynamic interpretations. The research showed that the KPPU interpreted the concept that exists in the Competition Law by using static and dynamic interpretation. Static interpretation was used to interpret the legal concepts based on two grounds, minute of meeting during law making process and the definitions that have been recognized in the Indonesian legal system. Dynamic interpretation was used when the KPPU developing the definition of the legal concepts. The general purpose of the law and the theories of the basis of the law were the conceptual framework in using dynamic interpretation. There are two recommendations in this article. Firstly, interpreting the laws by the judges should be based on the correct conceptual framework. Secondly, the technique of interpreting the laws would be the method of controlling the judges.

Keywords: legal interpretation, legal transplant, competition law, KPPU

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2726 Independence of the Judiciary in South Africa: An Assessment After Twenty Years of Democracy

Authors: Serges Djoyou Kamga, Gerard Emmanuel Kamdem Kamga

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Any serious constitutionalism entails a system of government characterised by the separation of powers between the executive, the legislature, and the judiciary. The latter is generally in charge of upholding the rule of law and the respect for human rights which are vital for the functioning of any democracy. Therefore, for the judiciary to play its role as a watchdog, it should be independent from other branches of government. The aim of this paper is to examine the independence of the judiciary in South Africa after 20 of democracy. Defining judicial independence as the courts’ ability ‘to decide cases on the basis of established law and the merits of the case, without interference from other political or governmental agents’, the paper examines the extent to which the South African judiciary is independent after twenty years of democracy. As part of assessing the independence of the judiciary, the paper begins by looking at the situation during apartheid, then proceeds with an examination of the post-apartheid legal order. It also examines the institutional independence of the judiciary by looking into its day to day activities which revolve around its self-governance, or administrative and financial independence. In addition, the paper assesses the judges’ individual independence by examining whether judicial appointment, security of tenure, judges’ remuneration and disciplinary actions and the removal of judges from office do not contain loopholes that can hinder judicial independence. Ultimately, the chapter argues that although the South African model of judicial independence is yet to be perfect, it is a good practice that can be emulated by other African countries.

Keywords: judical independence, South Africa, democracy, separation of powers

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2725 Online Teaching Methods and Student Satisfaction during a Pandemic

Authors: Anita Kéri

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With the outbreak of the global pandemic of COVID-19, online education characterizes today’s higher education. For some higher education institutions (HEIs), the shift from classroom education to online solutions was swift and smooth, and students are continuously asked about their experience regarding online education. Therefore, there is a growing emphasis on student satisfaction with online education, a field that had emerged previously, but has become the center of higher education and research interest today. The aim of the current paper is to give a brief overview of the tools used in the online education of marketing-related classes at the examined university and to investigate student satisfaction with the applied teaching methodologies with the tool of a questionnaire. Results show that students are most satisfied with their teachers’ competences and preparedness, while they are least satisfied with online class quality, where it seems that further steps are needed to be taken.

Keywords: netnography, online teaching, pandemic, satisfaction

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2724 Enhancing Pedagogical Practices in Online Arabic Language Instruction: Challenges, Opportunities, and Strategies

Authors: Salah Algabli

Abstract:

As online learning takes center stage; Arabic language instructors face the imperative to adapt their practices for the digital realm. This study investigates the experiences of online Arabic instructors to unveil the pedagogical opportunities and challenges this format presents. Utilizing a transcendental phenomenological approach with 15 diverse participants, the research shines a light on the unique realities of online language teaching at the university level, specifically in the United States. The study proposes theoretical and practical solutions to maximize the benefits of online language learning while mitigating its challenges. Recommendations cater to instructors, researchers, and program coordinators, paving the way for enhancing the quality of online Arabic language education. The findings highlight the need for pedagogical approaches tailored to the online environment, ultimately shaping a future where both instructors and learners thrive in this digital landscape.

Keywords: online Arabic language learning, pedagogical opportunities and challenges, online Arabic teachers, online language instruction, digital pedagogy

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2723 Investigating Factors Influencing Online Formal and Informal Learning Satisfaction of College Students

Authors: Lei Zhang, Li Ji

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Formal learning and informal learning represent two distinct learning styles: one is systematic and organized, another is causal and unstructured. Although there are many factors influencing online learning satisfaction, including self-regulation, self-efficacy, and interaction, factors influencing online formal learning and informal learning satisfaction may differ from each other. This paper investigated and compared influential factors of online formal and informal learning. Two questionnaires were created based on previous studies to explore factors influencing online formal learning and online informal learning satisfaction, respectively. A sample of 105 college students from different departments in a university located in the eastern part of China was selected to participate in this study. They all had an online learning experience and agreed to fill out questionnaires. Correlation analysis, variance analysis, and regression analysis were employed in this study. In addition, five participants were chosen for interviews. The study found that student-content, interaction, self-regulation, and self-efficacy related positively to both online formal learning and informal learning satisfaction. In addition, compared to online formal learning, student-content interaction in informal learning was the most influential factor for online learning satisfaction, perhaps that online informal learning was more goal-oriented and learners paid attention to the quality of content. In addition, results also revealed that interactions among students or teachers had little impact on online informal learning satisfaction. This study compared influential factors in online formal and informal learning satisfaction helped to add discussions to online learning satisfaction and contributed to further practices of online learning.

Keywords: learning satisfaction, formal learning, informal learning, online learning

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2722 Factors Determining the Purchasing Intentions towards Online Shopping: An Evidence from Twin Cities of Pakistan

Authors: Muhammad Waiz, Rana Maruf Tahir, Fatima Javaid

Abstract:

Technology in the recent times is available for everyone in the world that no one is left behind. After getting technology into our daily routine, there is a need to study the different factors regarding online shopping. This study examines the impact of online reviews, mobile shopping and computer literacy on online purchasing intention. The sample size was 200 from which 167 complete questionnaires were collected from students and employees of twin cities. SPSS programming software was used to analyze the impact of different factors on purchasing intention. The results of this study showed that those websites which have good ratings and have online shopping application will attract more customers towards them whereas the results showed that the computer literacy has no impact on online purchasing intention. Findings may help for those who want to increase their sales or to start a new online business. Future research, limitations, and implications are discussed.

Keywords: computer literacy, mobile shopping, online purchase intention, online reviews, theory of planned behavior

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2721 The Role of Online Deliberation on Citizens’ Attitudes

Authors: Amalia Triantafillidoy, Georgios Lappas, Prodromos Yannas, Alexandros Kleftodimos

Abstract:

In this paper an experiment was conducted to assess the impact of online deliberation on citizens’ attitudes. Specifically, this research compared pre and post deliberation opinions of participants who deliberated online via an asynchronous platform regarding the issue of political opinion polls. Results indicate that online deliberation had a positive effect on citizens’ attitudes since it was found that following deliberation participants changed their views regarding public opinion polls. Specifically, online deliberation improved discussants perceptions regarding the reliability of polls, while suppressing their negative views about the misuse of polls by media, polling organizations and politicians.

Keywords: attitudes change, e-democracy, online deliberation, opinion polls

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2720 The Information-Seeking Behaviour of Kuwaiti Judges (KJs)

Authors: Essam Mansour

Abstract:

The key purpose of this study is to show information-seeking behaviour of Kuwaiti Judges (KJs). Being one of the few studies about the information needs and information-seeking behaviour conducted in Arab and developing countries, this study is a pioneer one among many studies conducted in information seeking, especially with this significant group of information users. The authors tried to investigate this seeking behavior in terms of KJs' thoughts, perceptions, motivations, techniques, preferences, tools and barriers met when seeking information. The authors employed a questionnaire, with a response rate 77.2 percent. This study showed that most of KJs were likely to be older, educated and with a work experience ranged from new to old experience. There is a statistically reliable significant difference between KJs' demographic characteristics and some sources of information, such as books, encyclopedias, references and mass media. KJs were using information moderately to make a decision, to be in line with current events, to collect statistics and to make a specific/general research. The office and home were the most frequent location KJs were accessing information from. KJs' efficiency level of the English language is described to be moderately good, and a little number of them confirmed that their efficiency level of French was not bad. The assistance provided by colleagues, followed by consultants, translators, sectaries and librarians were found to be most strong types of assistance needed when seeking information. Mobile apps, followed by PCs, information networks (the Internet) and information databases were the highest technology tool used by KJs. Printed materials, followed by non-printed and audiovisual materials were the most preferred information formats KJs use. The use of languages, the recency of information and the place of information, the deficit role of the library to deliver information were at least significant barriers to KJs when seeking information.

Keywords: information users, information-seeking behaviour, information needs, judges, Kuwait

Procedia PDF Downloads 307
2719 The Effect of Online Learning During the COVID-19 Pandemic on Student Mental

Authors: Adelia Desi Agnesita

Abstract:

The advent of a new disease called covid-19 made many major changes in the world, one of which is the process of learning and teaching. Learning formerly offline but now is done online, which makes students need adaptation to the learning process. The covid-19 pandemic that occurs almost worldwide causes activities that involve many people to be avoided, one of which is learning to teach. In Indonesia, since March 2020, the process of college learning is turning into online/ long-distance learning. It's to prevent the spread of the covid-19. Student online learning presents some of the obstacles to poor signals, many of the tasks, lack of focus, difficulty sleeping, and resulting stress.

Keywords: learning, online, covid-19, pandemic

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2718 Effectiveness of Online Language Learning

Authors: Shazi Shah Jabeen, Ajay Jesse Thomas

Abstract:

The study is aimed at understanding the learning trends of students who opt for online language courses and to assess the effectiveness of the same. Multiple factors including use of the latest available technology and the skills that are trained by these online methods have been assessed. An attempt has been made to answer how each of the various language skills is trained online and how effective the online methods are compared to the classroom methods when students interact with peers and instructor. A mixed method research design was followed for collecting information for the study where a survey by means of a questionnaire and in-depth interviews with a number of respondents were undertaken across the various institutes and study centers located in the United Arab Emirates. The questionnaire contained 19 questions which included 7 sub-questions. The study revealed that the students find learning with an instructor to be a lot more effective than learning alone in an online environment. They prefer classroom environment more than the online setting for language learning.

Keywords: effectiveness, language, online learning, skills

Procedia PDF Downloads 589
2717 Current Judicial Discourse Regarding the Impact of Alcohol Use Disorders on Crime in Canada

Authors: Ellen McClure

Abstract:

It is generally well-known that a number of inmates suffer from some form of substance or alcohol use disorder. This study identifies, analyses, classifies and codifies the most recent Canadian criminal judgments involving an accused diagnosed with an alcohol use disorder specifically. From this research, patterns in judicial discourse and sentencing norms can be established, and these findings can be juxtaposed with existing relevant academic literature, particular attention will be given to this discussion at the sentencing stage, and the subsequent incarceration of those with alcohol use disorders. This topic will be explored with an overarching emphasis on the effects that a lack of conversation regarding a possible correlation between alcohol consumption and crime may have. Although comparisons may be made in order to clarify or highlight certain issues, particular attention will be paid to jurisdictions within Canada. This paper explores the existing judicial discourse in sentencing regarding the relationship between alcohol and crime, and how this might explain the higher incarceration rates of those suffering from alcohol use disorders in Canada. The research questions are as follows: (1) What are the existing judicial discourses in sentencing around the relationship between alcohol and crime? (2) To what extent has the current discourse on alcohol addiction among judges and legal academics contributed to the incarceration of alcoholics?The major findings of this research indicate a strong correlation between a lack of judicial discussion regarding the accused’s alcohol use disorder and an increased tendency to consider an alcohol use disorder as an aggravating factor. Furthermore, it was found that an 82% of judges who discussed the alcohol use disorder meaningfully referred to the disorder as a mitigating factor. This can be compared with 6.7% of judges who referred to the alcohol use disorder as a mitigating factor in cases where the disorder was not meaningfully discussed.

Keywords: alcohol use disorder, addiction, criminal justice, judicial discourse

Procedia PDF Downloads 266
2716 Experts' Opinions of Considerations for Competition Landings in Gymnastics

Authors: Helmut Geiblinger

Abstract:

Dismounts performed by elite gymnasts during competition require great courage and virtuoso displays of precisely organized movements and skills. The dismount and landing leave the final impression in a routine and are often the key to a successful evaluation by the judges. Landings require precise body control and the skillful dissipation of substantial body momentum. The aim of this research study was to investigate landing techniques and strategies used by elite male gymnasts through the eyes of gymnastics experts. It drew from the accrued knowledge and experience of 21 male expert participants who were elite coaches, elite gymnasts, international judges or combinations of these. The experts made a number of subtle points, many of which are not in the extant literature. The experts highlighted concerns about safety and the study concluded that on-going monitoring of the rules on competition landings within the Code of Points would be beneficial to the sport.

Keywords: controlled competition landings, landing technique, landing strategies, optimal body segment coordination

Procedia PDF Downloads 211