Search results for: comparative constitutional law

Authors: Aram Yeretzian, Yaser Abunnasr, Zahraa Makki, Betina Abi Habib

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Developments in architectural building typologies that are informed by prevalent construction techniques and socio-cultural practices generate different adaptations in the building envelope. While different building envelope types exhibit different climate responsive passive strategies, the individual and comparative thermal performance analysis resulting from these technologies is yet to be understood. This research aims to develop this analysis by selecting three building envelope types from three distinct building traditions by measuring the heat transmission in the city of Beirut. The three typical residential buildings are selected from the 1920s, 1940s, and 1990s within the same street to ensure similar climatic and urban conditions. Climatic data loggers are installed inside and outside of the three locations to measure indoor and outdoor temperatures, relative humidity, and heat flow. The analysis of the thermal measurements is complemented by site surveys on window opening, lighting, and occupancy in the three selected locations and research on building technology from the three periods. Apart from defining the U-value of the building envelopes, the collected data will help evaluate the indoor environments with respect to the thermal comfort zone. This research, thus, validates and contextualizes the role of building technologies in relation to climate responsive design.

Keywords: architecture, wall construction, envelope performance, thermal comfort

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Authors: K. P. v. R. de Silva, R. W. Senevirathna, M. M. A. J. Kumara, J. P. M. Kumarasinghe, R. L. Gunawardana, S. M. Uluwitiya, G. C. P. Jayawickrama, W. K. T. I. Madushani

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Introduction: The limited literature supporting the utilization of mechanical bowel preparation (MBP) for patients undergoing laparoscopic anterior resection (LAR) remains a notable issue. This study was conducted to examine the clinical consequences of anastomosis in colorectal surgery with MBP compared to cases where MBP was not utilized (no-MBP) in the context of LAR. Methods: This was a retrospective comparative study conducted in the professorial surgical wards of the teaching hospital karapitiya (THK). Colorectal cancer patients(n=306) participated in the study, including 151 MBP patients and 155 no-MBP patients, where the postoperative complications and mortality rates were compared. Results: The anastomotic leakage rate was 2.6%(n=4) in the no-MBP group and 6.0%(n=9) in the MBP group (p=0.143). The postoperative paralytic ileus rate was 18.5%(n=28) and 5.8%(n=9) in the MBP group and no-MBP group, respectively, displaying a statistically significant difference (p=0.001). Wound infection, pneumonia, urinary tract infection, and cardiac complication rates also were higher in the MBP group. The overall mortality rate was 1.3%(n=3) in the no-MBP group and 2.0%(n=2) in the MBP group. Conclusions: The evidence concludes that MBP increases post-operative complications. Therefore, prophylactic MBP in LAR has not been proven to benefit patients. However, further research is necessary to understand the comparative effects of MBP versus no preparation comprehensively.

Keywords: MBP, anastomosis, LAR, paralytic ileus

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Authors: Amrin Moger, Martin Mathew, Sagar Bhalerao

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Mass media may be categorized into print and digital, former being the traditional form of reaching the masses to inform and educate on various issues. The Indian print media is more than two centuries old. Its strengths have largely been shaped by its historical experience and, in particular, by its association with the freedom struggle as well as movements for social emancipation, reform, and amelioration. Therefore, it is highly regarded in the Indian society. Persons with disability are part of Indian Society. Persons with Disability have always been looked down upon and not considered as part of the society. People with disabilities were commonly feared, pitied, and neglected. Much of the literature on disability in India has pointed to the importance of the concept of karma in attitudes to disability, with disability perceived either as punishment for misdeeds in the past lives of the PWD, or the wrongdoings of their parents. Some Indian authors consider the passage of the PWD Act as a landmark step in the history of rehabilitation services in India have put it, ‘At a profoundly serious and spiritual level, disability represents divine justice’. The newspaper has to play a role where it changes this attitude of the people. A short comparative content analysis of two English newspapers of Mumbai edition was selected, to analyze the language that is used for reporting disability issues. Software Package for Social Science (SPSS) was used to gather and analyze data.

Keywords: content analysis, disability, newspaper dailies, language

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Authors: Anam Nawaz

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The present study is an attempt to compare the translations of Faiz’s poetry made by native and non-native translators, to determine the role of the translator in terms of preserving the cultural ethos of the original text. Peter Newmark and Katharine Reiss’s approaches to translation criticism have been used to provide a theoretical framework for the study. This study also emphasizes those cultural and semantic aspects of the original which are translated more convincingly by a native translator, and contrasting those features which the non-natives can tackle more ably. The research also highlights the linguistic sockets, ignored by the interpreters in the translation process. The analysis showed that both native and non-native translators have made an admirable effort to stay as close to the original as possible. The natives with their advantage of belonging to the same culture have excelled in preserving the original subject matter, whereas the non-native renderings have been presented in a much rhythmic and poetic manner with an excellent choice of words. Though none of the four translators has been successfully able to recreate Faiz’s magic, however V. G. Kiernan and Sarvat Rahman’s translations can be regarded as the closest to the original. Whereas V. G. Kiernan with his outstanding command over English mesmerizes the readers, Sarvat Rahman’s profound understanding of cultural ties helps establish her translations as a brilliant example of faithful re-renderings.

Keywords: comparative translations, linguistic and cultural constraints, native translators, non-native translators, poetry and translation, Faiz Ahmad Faiz

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Authors: Kahandawala Arachchige Thani Chathurika Kahandawala

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This research is attempted to analyse, Sri Lanka’s current situation regarding the recognition and enforcement of international commercial arbitration awards. Sri Lanka has been involved with commercial arbitration for a long time period. But there are good and bad legal practices in place in proceedings in Sri Lanka legal system. The common perception and reality of Sri Lanka’s arbitration law and practices regarding recognition and enforcement of international arbitral awards is far behind the international standards. Therefore arbitration as a dispute resolution method has become a time-consuming and costly method in Sri Lanka. This research is employed with the qualitative method based on both primary and secondary resources. This carried out the comparative analysis of recognition and enforcement in international arbitration laws established jurisdiction in Singapore and the United Kingdom, which are known as best counties as a seat of arbitration in Asia and Europe. International conventions, act and all the legal proceedings regarding recognition and enforcement of an international arbitral award in Sri Lanka are going to be discussed in the research. In the Jurisdiction of Sri Lanka, critically need to value an international arbitral award in the domestic legal system. Therefore an award has to be recognised in Sri Lanka. Otherwise, it doesn’t have any value. After recognizing it, court can enforce it. This research intends to provide a comparative analysis to overcome the drawbacks.

Keywords: arbitration, alternative dispute method, recognition and enforcement, foreign arbitral awards, Sri Lankan legal system, arbitral award in Singapore

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Authors: Avdasheva Svetlanaa, Kryuchkova Polinab

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Comparative social efficiency of private and public enforcement of law is debated. This question is not of academic interest only, it is also important for the development of the legal system and regulations. Generally, involvement of ‘common citizens’ in public law enforcement is considered to be beneficial, while involvement of interest groups representatives is not. Institutional economics as well as law and economics consider the difference between public and private enforcement to be rather mechanical. Actions of bureaucrats in government agencies are assumed to be driven by the incentives linked to social welfare (or other indicator of public interest) and their own benefits. In contrast, actions of participants in private enforcement are driven by their private benefits. However administrative law enforcement may be designed in such a way that it would become driven mainly by individual incentives of alleged victims. We refer to this system as reactive public enforcement. Citizens may prefer using reactive public enforcement even if private enforcement is available. However replacement of public enforcement by reactive version of public enforcement negatively affects deterrence and reduces social welfare. We illustrate the problem of private vs pure public and private vs reactive public enforcement models with the examples of three legislation subsystems in Russia – labor law, consumer protection law and competition law. While development of private enforcement instead of public (especially in reactive public model) is desirable, replacement of both public and private enforcement by reactive model is definitely not.

Keywords: public enforcement, private complaints, legal errors, competition protection, labor law, competition law, russia

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Authors: Hebert Sihle Ntuli

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Traditional cultural practices mirror or replicate the values and beliefs held by members of the community. Throughout the world, every social grouping has specific traditional practices, some of which are beneficial to all, while others have become harmful to specific group such as women. Like in some African states, these traditional cultural practices are performed in South Africa and are violating women’s rights. Women’s rights are human rights. The South African Constitution is one of the most progressive in the world, and notable includes the Bill of Rights which provides protection of socio-economic and cultural rights. Cultural rights are protected in Section 30 and 31 of the constitution, although such protection is not without limitation. This highly complex interplay and competition between human rights and cultural rights, which are manifested through cultural practices, is the golden thread that traces through this paper. The paper argues that there is conflict and the lack of balance between diverse cultural and legal or constitutional framework which promotes the value of human dignity and equality, especially for women. These practices are reviewed in connection with the South African government laws. This work adopted qualitative research method.

Keywords: cultural practices, conflict, South African constitution, laws

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Authors: Sonia Mannan, M. Jobair Alam

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The concept of palliative care in Bangladesh largely remained limited to the sympathetic caring of patients with a life-limiting illness. Quality of Life (QoL) issues are rarely practiced in Bangladesh. Furthermore, palliative medicine, in the perspective of holistic palliative care service, does not have its proper recognition in Bangladesh. Apart from those socio-medical aspects, palliative care patients face legal issues that impact their quality of life, including access to health services and social benefits and dealing with other life-transactions of the patients and their families (such as disposing of property; planning for children). This paper is an attempt to articulate these legal dimensions of the right to palliative care in the context of Bangladesh. The major focus of this paper will be founded on the doctrinal analysis of the constitutional provisions and other relevant legislation on the right to health and their judicial interpretation, which is argued to offer a meaningful space for the right to palliative care. This paper will also investigate the gaps in the said legal framework to better secure such care. In conclusion, a few recommendations are made so that the palliative care practices in Bangladesh are better aligned with international standards, and it can respond more humanely to the patients who need palliative care.

Keywords: Bangladesh, constitution, legal regime, palliative care, quality of life

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Authors: Joy Olayemi Gbala, Fatai Olatokunbo, Philip Cloud

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Catastrophic dictatorship has been discovered to be the major leadership challenge that orchestrates stagnated and contrasted economy with dysfunctional democracy in Africa through willful misappropriation of resources and egregious subversion of the rule of law. Almost invariably, most African leaders inexplicably often become power drunk and addicted which usually leads to abuse of state power, abdication of constitutional duties, unjustly withdrawal of business license of operation, human right violation, election malpractices, financial corruption, disruptions of policies of democratic government transition, annulment of free and fair election, and disruptions of legal electoral procedures and unachievable dividends of democracy and many more. Owing to this, most African nations have gone and still go through political unrest and insurgencies leading to loss of lives and property, violent protests, detention of detractors and political activists and massive human displacement. This research work is concerned with, and investigates the causes, menace, consequences and impacts of subverting the rule of law in Africa on the economy and the development of the continent with a suggested practical solution to the plights.

Keywords: corruption, law, leadership, violation

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Authors: Astha Saxena

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The present study is based in Indian subcontinent and aims at exploring students’ conceptions about ethical issues related to Biotechnology at both high school and undergraduate level. The data collection methods involved taking classroom notes, recording students’ observations and arguments, and focussed group discussions with students. The data was analysed using classroom discourse analysis and interpretive approaches. The findings depicted different aspects of students’ thinking, meaning making and ethical understanding with respect to complex bioethical issues such as genetically modified crops, in-vitro fertilization (IVF), human genomic project, cloning, etc., at high school as well as undergraduate level. The paper offers a comparative account of students’ arguments with respect to ethical issues in biotechnology at the high school & undergraduate level, where it shows a clear gradation in their ethical understanding from high school to undergraduate level, which can be attributed to their enhanced subject-matter knowledge. The nature of students’ arguments reveal that there is more reliance on the utilitarian aspect of these biotechnologies as against a holistic understanding about a particular bioethical issue. This study has implications for science teachers to delve into students’ thinking and notions about ethical issues in biotechnology and accordingly design appropriate pedagogical approaches.

Keywords: ethical issues, biotechnology, ethical understanding, argument, ethical reasoning, pedagogy

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Authors: Zaid Haris

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Since the beginning of time, transgender people have faced difficult circumstances, particularly in Pakistan. They have experienced discrimination, physical abuse, sexual assault, and murder in their lives. In response to their complaints, the Pakistani Supreme Court established a landmark that enables them to participate in society on an equal base. As a result, transgendered people living all around Pakistan have seen their legal, political, and cultural advocacy blossom since 2009. In order to provide and defend the human rights of Pakistan's transgender persons, this paper aims to identify and analyse the constitutional and legal framework set out there. The Supreme Court's momentous decision sparked legal reform in the nation for these rights, most notably the Transgender Persons (Protection of Rights) Act of 2017, a bill that was filed in Parliament. The implementation of the rights granted to transgender people in Pakistan, whether it relates to education, health, or any other area, requires close inspection. Additionally, for society to be accepting and inclusive, a significant and radical change in behaviour is required. This paper also includes the interviews of a few transgenders from Pakistan.

Keywords: discrimination, islam, pakistan, physical abuse, sexual assault, transgenders

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Authors: Wenhao Wang, Xinzhi Xu, Limin Feng, Wei Cong

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This paper comprehensively investigates current development status of global power grids and fossil energy pipelines (oil and natural gas), proposes a standard visual platform of global power and fossil energy based on Geographic Information System (GIS) technology. In this visual platform, a series of systematic visual models is proposed with global spatial data, systematic energy and power parameters. Under this visual platform, the current Global Power Grids Map and Global Fossil Energy Pipelines Map are plotted within more than 140 countries and regions across the world. Using the multi-scale fusion data processing and modeling methods, the world’s global fossil energy pipelines and power grids information system basic database is established, which provides important data supporting global fossil energy and electricity research. Finally, through the systematic and comparative study of global fossil energy pipelines and global power grids, the general status of global fossil energy and electricity development are reviewed, and energy transition in key areas are evaluated and analyzed. Through the comparison analysis of fossil energy and clean energy, the direction of relevant research is pointed out for clean development and energy transition.

Keywords: energy transition, geographic information system, fossil energy, power systems

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Authors: Puzanova Zhanna Vasilyevna, Larina Tatiana Igorevna, Tertyshnikova Anastasia Gennadyevna

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In this day and age, extremism in various forms of its manifestation is a real threat to the world community, the national security of a state and its territorial integrity, as well as to the constitutional rights and freedoms of citizens. Extremism, as it is known, in general terms described as a commitment to extreme views and actions, radically denying the existing social norms and rules. Supporters of extremism in the ideological and political struggles often adopt methods and means of psychological warfare, appeal not to reason and logical arguments, but to emotions and instincts of the people, to prejudices, biases, and a variety of mythological designs. They are dissatisfied with the established order and aim at increasing this dissatisfaction among the masses. Youth extremism holds a specific place among the existing forms and types of extremism. In this context in 2015, we conducted a survey among Moscow college and high school students. The aim of this study was to determine how great or small is the difference in understanding and attitudes towards extremism manifestations, inclination and readiness to take part in extremist activities and what causes this predisposition, if it exists. We performed multivariate analysis and found the Russian college and high school students' opinion about the extremism and terrorism situation in our country and also their cognition on these topics. Among other things, we showed, that the level of aggressiveness of young people were not above the average for the whole population. The survey was conducted using the questionnaire method. The sample included college and high school students in Moscow (642 and 382, respectively) by method of random selection. The questionnaire was developed by specialists of RUDN University Sociological Laboratory and included both original questions (projective questions, the technique of incomplete sentences), and the standard test Dayhoff S. to determine the level of internal aggressiveness. It is also used as an experiment, the technique of study option using of FACS and SPAFF to determine the psychotypes and determination of non-verbal manifestations of emotions. The study confirmed the hypothesis that in respondents’ opinion, the level of aggression is higher today than a few years ago. Differences were found in the understanding of and respect for such social phenomena as extremism, terrorism, and their danger and appeal for the two age groups of young people. Theory of psychotypes, SPAFF (specific affect cording system) and FACS (facial action cording system) are considered as additional techniques for the diagnosis of a tendency to extreme views. Thus, it is established that diagnostics of acceptance of extreme views among young people is possible thanks to simultaneous use of knowledge from the different fields of socio-humanistic sciences. The results of the research can be used in a comparative context with other countries and as a starting point for further research in the field, taking into account its extreme relevance.

Keywords: extremism, youth extremism, diagnostics of extremist manifestations, forecast of behavior, sociological polls, theory of psychotypes, FACS, SPAFF

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Authors: Thirayu Jumsai Na Ayudhya

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The study of what architecture means to people in their everyday lives inadequately addresses the contextualized and holistic theoretical framework. This article succinctly presents theoretical framework obtained from the comparative study of how people experience the everyday architecture in three different contexts including 1) Bangkok CBD, 2) Phuket island old-town, and 3) Nan province old-town. The way people make sense of the everyday architecture can be addressed in four super-ordinate themes; (1) building in urban (text), (2) building in (text), (3) building in human (text), (4) and building in time (text). In this article, these super-ordinate themes were verified whether they recur in three studied-contexts. In each studied-context, the participants were divided into two groups, 1) local people, 2) visitors. Participants were asked to take photographs of the everyday architecture during the everyday routine and to participate the elicit-interview with photographs produced by themselves. Interpretative phenomenological analysis (IPA) was adopted to interpret elicit-interview data. Sub-themes emerging in each studied-context were brought into the cross-comparison among three studied- contexts. It is found that four super-ordinate themes recur with additional distinctive sub-themes. Further studies in other different contexts, such as socio-political, economic, cultural differences, are recommended to complete the theoretical framework.

Keywords: sense of place, the everyday architecture, architectural experience, the everyday

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Authors: Shweta Jha, Digambar Darekar, Krishna Kadam

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Major Depressive Disorder (MDD) is one of the most common of psychiatric disorders. It has a wide range of symptoms, aetiologies and risk factors, and these reasons make MDD affect not only the primary patient, but also their family, caregivers and associates; by negatively impacting their self dignity, economic condition and self-confidence. Thus, it is important to help individuals suffering from MDD learn adaptive mechanism and deal effectively with their environment, with that aim this study focused on a comparative therapeutic intervention using Behaviour Activation (BA), Rational Emotive Behaviour Therapy (REBT) and Waiting list control (WLC) for management of MDD. This study apart from enhancing personal skills will also help us understand which therapeutic method would be more beneficial in treating and prolonging relapse in patients with MDD in Indian population. Fifteen individuals following application of inclusion and exclusion criteria were selected as study samples. They were randomly assigned to three treatment groups. Ten sessions of therapy, forty-five minutes each according to the proposed sessions plan were conducted for each group. The individuals selected as samples were re–assessed after 2 months and 6 months post intervention. The overall result showed that individuals treated with BA and REBT showed more improvement in comparison to those in WLC.

Keywords: behaviour activation, major depressive disorder, rational emotive behaviour therapy, therapeutic intervention

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Authors: Ritvik Chauhan, Vijay Kumar Baraik

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Women are most vulnerable to crime despite occupying central position in shaping a society as the first teacher of children. In India too, having equal rights and constitutional safeguards, the incidences of crime against them are large and grave. In this context of crime against women, especially rape has been increasing over time. This paper explores the spatial and temporal aspects of crime against women in India with special reference to rape. It also examines the crime against women with its spatial, socio-economic and demographic associates using related data obtained from the National Crime Records Bureau India, Indian Census and other government sources of the Government of India. The simple statistical, choropleth mapping and other cartographic representation methods have been used to see the crime rates, spatio-temporal patterns of crime, and association of crime with its correlates.  The major findings are visible spatial variations across the country and are also in the rising trends in terms of incidence and rates over the reference period. The study also indicates that the geographical associations are somewhat observed. However, selected indicators of socio-economic factors seem to have no significant bearing on crime against women at this level.

Keywords: crime against women, crime mapping, trend analysis, society

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Authors: Mangesh Govindrao Acharya

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The influence of religion on politics in India can be seen in the British period. The British used partition politics to create a schism between Hindus and Muslims in India. India was partitioned in1947 due to this policy of the British. In independent India, the principle of secularism was prioritized as a solution to this in the constitution created by the people. Secularism was provided for in 1978 by the 42nd Constitutional Amendment. Although India has embraced secularism, the role of religion in politics has not ended. Although 75 years of India's independence have been completed, politics is still done in the name of religion in India. Political parties choose their candidates, keeping in mind the influence of religion in a particular constituency. People think more about religion and caste while choosing their candidates. Caste riots occur due to the influence of religion-influenced politics. There is a new dispute between the minority and the majority. The Temple-Masjid controversy has become a focal point of Indian politics. Religious hatred in India is causing a huge loss of lives and property and is creating tension among the citizens. All the aspects of Indian politics that have been corrupted by religious fanaticism have been studied in this research paper. This paper mainly explores the causality of the influence of religion on Indian politics.

Keywords: religion, Indian politics, equality and justice, Muslim society, political parties

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Authors: Agata Twardoch

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The processes of commodification of real estate and changes in housing markets have led to a situation where the prices of free market housing in European capitals are significantly higher than the purchasing value of average wages. This phenomenon has many negative social and spatial consequences. At the same time, the attractiveness of real estate as an asset makes these processes progress. Out of concern for sustainable social development, city authorities apply solutions to balance the burdensome effects of codification of housing. One of them is a social provision for housing investments. The article presents a comparative study of solutions applied in selected European capitals, on the example of Warsaw, Paris, London, Berlin, Copenhagen, and Vienna. The study was conducted along with works on expert report for the master plan for Warsaw. The forms of commissions applied in Local Planning Acts were compared, with particular reference to spatial solutions. The results of the analysis made it possible to determine common features of the solutions applied and to establish recommendations for further practice. Major findings of the study indicate that requirement of social provision is achievable in spatial planning documents. Study shows that application of social provision in private housing investments is a useful tool in housing policy against commodification.

Keywords: affordable housing, housing provision, spatial planning, sustainable social development

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Authors: Rachel Falconer

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Background: The United Nations Convention on the Rights of the Child sets out the duties placed on signatory nations to take measures to protect children from all forms of violence, abuse, neglect and maltreatment. The systems for ensuring this protection vary globally, shaped by national welfare policies. In England and Finland, past research has highlighted differences in how child protection issues are framed and how state agencies respond. However, less is known about how such differences impact processes of social work judgment and decision making in practice. Method: Data was collected as part of a wider PhD project in three stages. First, social workers in sites across England and Finland were asked to complete a short questionnaire. Participants were then asked to comment on two constructed case vignettes, and were interviewed about their experiences of child protection decision making at the point of referral. Interviews were analyzed using NVivo to draw out key themes. Findings: There were similarities in how the English and Finnish social workers responded to the case vignettes; for example, participants in both countries expressed concerns about similar risk factors and all felt further assessment was needed. Differences were observed, in particular, in regard to the sources of support and guidance participants referred to, with the English social workers appearing to rely more upon managerial input for their decisions than the Finnish social workers. These findings suggest evidence for two distinct decision making approaches: ‘supervised’ and ‘supported’ judgement. Implications for practice: The findings have relevance to the conference theme of research and evaluation of social work practice, and support the findings of previous studies that have emphasized the significance of organizational factors in child protection decision making. The comparative methodology has also helped to demonstrate how organizational factors can influence practice in different child protection system ‘orientations’. The presentation will discuss the potential practice implications of ‘supervised’, manager-led approaches to decision making as contrasted with ‘supported’, team-led approaches, inviting discussion about the relevance of these findings for social work in other countries.

Keywords: child protection, comparative research, decision making, social work, vignettes

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Authors: Ronli Sifris

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The last Australian Parliamentary inquiry into surrogacy took place in 2016. Since then, a number of countries have reviewed their surrogacy laws, including countries such as New Zealand and the United Kingdom, which traditionally have invoked similar legal approaches to Australia on a broad range of issues. The time is ripe to reform Australia’s surrogacy laws with a view to putting in place a system that best protects the rights of all parties to a surrogacy arrangement, and especially the rights of the child. There are two specific, linked issues which tend to be particularly contentious in the surrogacy context. The first relates to legal parentage. There are questions around whether the surrogate or the intended parents should be deemed the legal parents of a child born through surrogacy and what should be the process for any transfer of parentage. The second key issue relates to compensation and whether a surrogate should be compensated for the reproductive labour inherent in conceiving, gestating, and birthing a child. This paper will invoke a comparative analysis with a view to considering how different countries are regulating surrogacy and which approach best protects the rights all parties involved in the surrogacy arrangement, especially the rights of the children born through surrogacy. The specific countries to be considered are Australia, Canada, and California (United States). I have selected these countries for the following reasons: Australia is the jurisdiction where the author is based, it is, therefore, the jurisdiction with which she has the most familiarity. It allows altruistic surrogacy only and post-birth parentage orders in favour of the intended parents of children born through altruistic surrogacy California, as a jurisdiction allowing for compensated surrogacy and pre-birth parentage orders in favour of the intended parents, sits at the other end of the spectrum to Australia thereby providing an interesting point of comparison. Canada sits somewhere in the middle; it ostensibly allows only altruistic surrogacy, but in practice, many aspects of the Canadian process resemble compensated surrogacy. In addition to conducting a comparative analysis with other countries, the paper will also consider international human rights law as its overarching framework for determining the approach that best protects the rights of a child born through surrogacy. Particular attention will be paid to the United Nations Convention on the Rights of the Child as the key children’s rights treaty. The European Court of Human Rights will also be extensively considered as it has decided a number of cases relating to the rights of children born through surrogacy.

Keywords: surrogacy, children’s rights, australia, compensation, parentage

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Authors: M. van der Bank, C. M. van der Bank

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Alternative Dispute Resolution denotes all forms of dispute resolution other than litigation or adjudication through the courts. This definition of Alternative Dispute Resolution, however, makes no mention of a vital consideration. ADR is the generally accepted acronym for alternative dispute resolution. Despite the choice not to proceed before a court or statutory tribunal, ADR will still be regulated by law and by the Constitution. Fairness is one of the core values of the South African constitutional order. Environmental disputes occur frequently, but due to delays and costs, ADR is a mechanism to resolve this kind of disputes which is a resolution of non-judicial mechanism. ADR can be used as a mechanism in environmental disputes that are less expensive and also more expeditious than formal litigation. ADR covers a broad range of mechanisms and processes designed to assist parties in resolving disputes creatively and effectively. In so far as this may involve the selection or design of mechanisms and processes other than formal litigation, these mechanisms and processes are not intended to supplant court adjudication, but rather to supplement it. A variety of ADR methods have been developed to deal with numerous problems encountered during environmental disputes. The research questions are: How can ADR facilitate environmental disputes in South Africa? Are they appropriate? And what improvements should be made?

Keywords: alternative dispute, environmental disputes, non-judicial, resolution and settlement

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Authors: Sajadian Akram, Tavasoli F.

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Breast cancer is the second most common cancer in the world and certainly the most frequent cancer mostly among women. This study was aimed to compare the effectiveness of individual counseling and group narrative therapy on female patients' life expectancy afflicted by breast cancer. The present study is a pre-test-post-test clinical trial. Fifty-five patients with breast cancer were randomly selected in the follow-up period and after their active medical treatment completion. Then, they were randomly divided into two groups: individual counseling and group counseling. Herth hope index (HHI) was used to measure the patients' hope level. Data were analyzed using t-test and SPSS software. hope rate was statistically significant in both groups receiving individual and group narrative therapy in the post-test compared to the pre-test (P <00000). Moreover, the comparative evaluation of hope in both groups (individual & group counseling) in the post-test showed that group narrative counseling is more effective than individual narrative counseling (P <00000). Conclusion: Narrative therapy promotes hope in breast cancer patients effectively. Due to the nature of breast cancer and its psychological effects in the post-treatment period, providing narrative group therapy can improve life quality. Patients' life quality changes in tandem with changes in hope.

Keywords: hope, narrative therapy, counseling, breast cancer

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Authors: Roham Rafiee, Behzad Mazhari

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Composite structures, having incredible properties, have gained considerable popularity in the last few decades. Among all types, polymer matrix composites are being used extensively due to their unique characteristics including low weight, convenient fabrication process and low cost. Having polymer as matrix, these type of composites show different creep behavior when compared to metals and even other types of composites since most polymers undergo creep even in room temperature. One of the most challenging topics in creep is to introduce new techniques for predicting long term creep behavior of materials. Depending on the material which is being studied the appropriate method would be different. Methods already proposed for predicting long term creep behavior of polymer matrix composites can be divided into five categories: (1) Analytical Modeling, (2) Empirical Modeling, (3) Superposition Based Modeling (Semi-empirical), (4) Rheological Modeling, (5) Finite Element Modeling. Each of these methods has individual characteristics. Studies have shown that none of the mentioned methods can predict long term creep behavior of all PMC composites in all circumstances (loading, temperature, etc.) but each of them has its own priority in different situations. The reason to this issue can be found in theoretical basis of these methods. In this study after a brief review over the background theory of each method, they are compared in terms of their applicability in predicting long-term behavior of composite structures. Finally, the explained materials are observed through some experimental studies executed by other researchers.

Keywords: creep, comparative study, modeling, composite materials

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Authors: Zameerpal Kaur

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Ecocriticism comes into existence in 1990s, it tries to explore the relationship of literature with the natural world and further it examines the role that natural surroundings and environment play in the minds of the creative writers during their imagination and creative process. The present study is an attempt to focus on the comparative ecocritical analysis of Shiv Kumar Batalvi and Surjit Patar’s selected poetry in the theoretical framework of ecocriticism in order to shed light on the poet’s vigilant views about the relationship of human life and nature. Shiv Kumar Batalvi is a renowned modern Punjabi poet. He is essentially a poet of nature and love. His opinions towards nature support his position to be considered as a major representative of recent environmental issues and ecocritical concerns in Punjabi literature. He is one of the most outstanding modern Punjabi poets, is endowed with the most artistic temperament in whose poetry nature always has a dominating existence. He seems to consciously portray the scenes of natural surroundings into his poetry; in fact the titles of his poems in themselves signify his love for the nature. Surjit Patar, an imminent modern Punjabi poet tries to present a different picture of nature into his poems; he also uses to write poems about contemporary problems. Surjit Patar’s radical quarrel with the modern cultural context makes him reject all the absolutes and finalities in the form of transcendental reason and religion, history and evolution, he freely writes about the deterioration of nature at selfish materialistic society. He is modern poet who weaves the natural imagery with the syntax of his poems. Patar’s work reflects a universal voice that is dribbled with nuanced humanism and a sense of modernity that seemed neither dated, nor trapped in regional boundaries. Through his poetry he has given a voice to the fragile, disrupting borders, disturbing the status quo. An attempt to analyse the poetic works of above said poets from ecocritical perspective as well as especially focussing on various aspects of ecocriticism like ecocentric ethics, ecoaesthetics, anthropomorphism etc. has been made throughout the comparative study of the selected works.

Keywords: anthropocentrism, degradation, environment and literature, nature

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Authors: Saidu Garba Okereafor Stella

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The presence of 15 organochlorine pesticides residue was assessed from 29 different fruits and fruit juice samples from selected farms in Kaduna and Niger States using the quick easy cheap effective rugged and safe (QuEChERS), followed by gas chromatography-tandem mass spectrometry (GC-MS/MS). The results showed the presence of varying concentrations of ten (10) organochlorine pesticide residues in all the samples with Endrin ketone showing the highest concentration in 3 samples from Kaduna (guava juice 1 and 2 0.099 to 0.145 mg/kg) and Niger States (orange juice J19 0.102 mg/kg). The heptachlor was detected at high concentration in 11 samples, 7 samples from Kaduna State (mango juice 0.011 mg/kg, Washington orange 0.014 mg/kg, Valencia orange fruit 0.020 mg/kg, orange juice 0.011, white guava fruit 0.024 mg/kg, guava juice 0.023 mg/kg, guava juice 2 0.024 mg/kg) and 4 samples from (mango juice 1 0.015 mg/kg, pineapple juice 1 0.0120 mg/kg pineapple juice 2 011 mg/kg and mix juice 2 0.012 mg/kg) from Niger State. Dieldrine and endosulfansulfate were detected at high levels in one sample each from Niger (guava fruit 0.019 mg/kg and mixed juice1 0.011mg/kg), respectively. However, all were above the maximum residue limits (MRLs) set by WHO/FAO which suggest that people consuming these type of contaminated fruits and fruits juices may contact diseases associated with those organochlorine pesticides residue. Minute concentrations of other organochlorines (α- BHC, δ- BHC, β- BHC, Lindane, and p’p DDT) ranged from 0.003 to 0.015 were recorded below the MRLs.

Keywords: fruits and fruits juices, organochlorine pesticide residue, comparative studies, gc-ms spectrophometer

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Authors: Kolawole Taiwo Olabode

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This is a comparative study of ICTs adoption and use in selected manufacturing industries in for development. This study was carried out 2004 and was repeated 2013 (nine years after) using the same selected manufacturing industries to assess the level, improvement and extent ICT facilities used in these companies. The theory of modernization was explored to explain some developmental issues in this study. The same semi-structured questionnaire and IDI were used to elicit data on the subject matter. About 24.9% of the total workers (1,247) were sampled for this study using quota sampling technique. SPSS was used to analysis the quantitative data. The qualitative data was used to buttress the quantitative data. Findings indicated that Seven-Up Bottling Company and Frigoglass Glass Industry still remained Intensive ICT Users while only Niger Match Nigeria Limited still remained Non-Intensive ICT User while unfortunately, Askar Paint Nigeria Limited has gone liquidated. It is also important to discover that only the Intensive ICT users improved on relevant ICT facilities. The existing problems of ICT adoption and used in these companies remained the same in Niger Match Limited. The study concluded that for a society to be developed, management and government at all levels must do all things necessary to ensure that all existing organisations must be ICT compliance for workers and organisational performance and to enhance nation’s development in order to compete with other companies for global standard or recognition.

Keywords: ICT, intensive ICT-users, entrepreneurial, manufacturing industries, industries and development

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Authors: L. Siva Rama Krishna, Sriram Venkatesh, M. Sastish Kumar, M. Uma Maheswara Chary

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Rapid Prototyping (RP) is a technology that produces models and prototype parts from 3D CAD model data, CT/MRI scan data, and model data created from 3D object digitizing systems. There are several RP process like Stereolithography (SLA), Solid Ground Curing (SGC), Selective Laser Sintering (SLS), Fused Deposition Modelling (FDM), 3D Printing (3DP) among them SLS and FDM RP processes are used to fabricate pattern of custom cranial implant. RP technology is useful in engineering and biomedical application. This is helpful in engineering for product design, tooling and manufacture etc. RP biomedical applications are design and development of medical devices, instruments, prosthetics and implantation; it is also helpful in planning complex surgical operation. The traditional approach limits the full appreciation of various bony structure movements and therefore the custom implants produced are difficult to measure the anatomy of parts and analyse the changes in facial appearances accurately. Cranioplasty surgery is a surgical correction of a defect in cranial bone by implanting a metal or plastic replacement to restore the missing part. This paper aims to do a comparative study on the dimensional error of CAD and SLS RP Models for reconstruction of cranial defect by comparing the virtual CAD with the physical RP model of a cranial defect.

Keywords: rapid prototyping, selective laser sintering, cranial defect, dimensional error

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Authors: K. Debkowska

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The aim of this article is presenting the possibilities of using Fuzzy Set Qualitative Comparative Analysis (fsQCA) in researches concerning business models of enterprises. FsQCA is a bridge between quantitative and qualitative researches. It's potential can be used in analysis and evaluation of business models. The article presents the results of a study conducted on the basis of enterprises belonging to different sectors: transport and logistics, industry, building construction, and trade. The enterprises have been researched taking into account the components of business models and the financial condition of companies. Business models are areas of complex and heterogeneous nature. The use of fsQCA has enabled to answer the following question: which components of a business model and in which configuration influence better financial condition of enterprises. The analysis has been performed separately for particular sectors. This enabled to compare the combinations of business models' components which actively influence the financial condition of enterprises in analyzed sectors. The following components of business models were analyzed for the purposes of the study: Key Partners, Key Activities, Key Resources, Value Proposition, Channels, Cost Structure, Revenue Streams, Customer Segment and Customer Relationships. These components of the study constituted the variables shaping the financial results of enterprises. The results of the study lead us to believe that fsQCA can help in analyzing and evaluating a business model, which is important in terms of making a business decision about the business model used or its change. In addition, results obtained by fsQCA can be applied by all stakeholders connected with the company.

Keywords: business models, components of business models, data analysis, fsQCA

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Authors: Dewi Juliah Ratnaningsih, Imas Sukaesih Sitanggang

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Classification is one of data mining techniques that aims to discover a model from training data that distinguishes records into the appropriate category or class. Data mining classification methods can be applied in education, for example, to determine the classification of non-active students in Indonesia Open University. This paper presents a comparison of three methods of classification: Naïve Bayes, Bagging, and C.45. The criteria used to evaluate the performance of three methods of classification are stratified cross-validation, confusion matrix, the value of the area under the ROC Curve (AUC), Recall, Precision, and F-measure. The data used for this paper are from the non-active Indonesia Open University students in registration period of 2004.1 to 2012.2. Target analysis requires that non-active students were divided into 3 groups: C1, C2, and C3. Data analyzed are as many as 4173 students. Results of the study show: (1) Bagging method gave a high degree of classification accuracy than Naïve Bayes and C.45, (2) the Bagging classification accuracy rate is 82.99 %, while the Naïve Bayes and C.45 are 80.04 % and 82.74 % respectively, (3) the result of Bagging classification tree method has a large number of nodes, so it is quite difficult in decision making, (4) classification of non-active Indonesia Open University student characteristics uses algorithms C.45, (5) based on the algorithm C.45, there are 5 interesting rules which can describe the characteristics of non-active Indonesia Open University students.

Keywords: comparative analysis, data mining, clasiffication, Bagging, Naïve Bayes, C.45, non-active students, Indonesia Open University

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Authors: Muhammad Feteha

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The socio-political Middle East scene has radically changed over the last decade, and one major contributor to this change was the Egyptian revolution of 2011. The massive impact of this revolution that originally started as a small protest in the Tahrir square has attracted more scholars to study the public space in Egypt, where it has become a necessity in order to understand and improve the socio-political conditions. The status of public space in Egypt has been deteriorating due to many reasons, including privatization and neglect. This paper studies one of the major problems of the contemporary public space in Cairo, which is the lack of identity. This takes place through a comparative analysis between selected case studies from both medieval and contemporary Cairo. The theoretical framework upon which the analysis is based views public space as a ‘container of social action’ and a ‘product of spatial practice’. Through the ‘deciphering of space’, differences in the socio-political role, symbolism, and identity of public spaces between both eras are shown. The paper aims to extract some lessons from public space in medieval Cairo, which was truly the ‘centerpiece of the public realm’ and a ‘fundamental expressions’ of the unique trans-dynastic architectural identity of Cairo. In addition, it suggests some strategies to revive the Cairene identity of public space instead of constructing new ones to be only ‘utilitarian spaces used for circulation’ and lack any identity.

Keywords: architectural identity, Cairene public space, Islamic architectural history, production of space

Procedia PDF Downloads 171