Search results for: conceptual understanding of reforms

Authors: Haruo Okabayashi

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The mutual understanding in conversation is very important for human relations. This study investigates the mental function of the formation of mutual understanding between two people in conversation using the embodied approach. Forty people participated in this study. They are divided into pairs randomly. Four conversation situations between two (make/listen to fun or pleasant talk, make/listen to regrettable talk) are set for four minutes each, and the finger plethysmogram (200 Hz) of each participant is measured. As a result, the attractors of the participants who reported “I did not understand my partner” show the collapsed shape, which means the fluctuation of their rhythm is too small to match their partner’s rhythm, and their cross correlation is low. The autonomic balance of both persons tends to resonate during conversation, and both LLEs tend to resonate, too. In human history, in order for human beings as weak mammals to live, they may have been with others; that is, they have brought about resonating characteristics, which is called self-organization. However, the resonant feature sometimes collapses, depending on the lifestyle that the person was formed by himself after birth. It is difficult for people who do not have a lifestyle of mutual gaze to resonate their biological signal waves with others’. These people have features such as anxiety, fatigue, and confusion tendency. Mutual understanding is thought to be formed as a result of cooperation between the features of self-organization of the persons who are talking and the lifestyle indicated by mutual gaze. Such an entanglement phenomenon is called a nonlinear relation. By this research, it is found that the formation of mutual understanding is expressed by the rhythm of a biological signal showing a nonlinear relationship.

Keywords: embodied approach, finger plethysmogram, mutual understanding, nonlinear phenomenon

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Authors: Philemon Wokoma Iyagba, Obey Onenee Christie

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From the hindbrain, which is responsible for motor activities, to the forebrain, responsible for processing information related to complex cognitive activities, the human brain has continued to evolve over the years. This evolution- has been progressive, leading to advancements in science and technology. However, the development of science and technology in Africa, where ancient civilization arguably began, has been retrogressive. Dialectics was done by dissecting different opinions on the reason behind the stunted development of science and technology in Africa. The researchers proposed that the inability to sustain the technological advancements made by early Africans is due to poor or lack of replicability of the African knowledge-based system, almost no or poor documentation of adopted procedures and the approval-seeking mentality that cheaply paved the way for westernization which also led to the adulteration of the African way of life and education without making room for incorporating her identity and proper alignment of her rich cultural heritage in education and her enormous achievements before and during the middle age. This article discussed conceptual issues, with its positions based on established facts, the discussion was based on relevant literature and recommendations were made accordingly.

Keywords: forebrain, hindbrain, dialectics from African perspective, development in science and technology

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Authors: Lorraine Ramos

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The question of heritage language learners in foreign language classrooms has been widely debated in second language education, especially with Spanish in a U.S. Instructors of Spanish as a foreign language have brought pedagogical focus to Spanish heritage language students in order to retain, develop and maintain their first language. This paper proposes a thorough examination of the use of conceptual metaphors within autobiographical linguistic narratives as a key indicator of the writing development of advanced Spanish-language students. By pairing genre theory from Systemic Functional Linguistics with metaphor theory, this paper will examine the metaphors used by 3rd and 4th year university Spanish students within the narrative genre from a corpus of 16, 091 words. The investigation has found that heritage language students use a variety of bicultural metaphors, transferred from both languages to conceptualize their linguistic development, in addition to using metaphor in specific narrative stages as a literary strategy. Since it has been found that the metaphors used were transcultural, the use of conceptual metaphors in heritage language learners can be further examined to help these students achieve their linguistic and academic goals in the Spanish by transferring from their knowledge in English. In conclusion, by closely examining the function of student discourse through their multicultural metaphoric competence, this study provides important insights on how to enable instructors to best further their students’ writing development in the target language.

Keywords: academic writing development, heritage language learners, language attitudes and ideologies, metaphor

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Authors: Na Xiao

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Animal metaphors have many different connotations, ranging from loving emotions to derogatory epithets, but gender expressions using animal metaphors are often imbalanced. Generally, animal metaphors related to females tend to be negative. Little known about the reasons for the negative expressions of animal female metaphors in Chinese contexts still have not been quantified. The Modern Chinese Corpus at the Center for Chinese Linguistics at Peking University (CCL Corpus) provided the data for this research, which aims to identify the influencing variables of gender differences in the description of animal metaphors mapping humans in Chinese by observing the percentage of "tiger" metaphor, which is based on the conceptual metaphor theory. A quantitative research method was used in this study to statistically examine the gender attitude percentage of the "tiger" metaphor using corpus data. This study has proved that the tiger metaphors associated with humans in the Chinese context tend to be negative. Importantly, this study has also shown that the high proportion of tiger metaphorical idioms is what causes the high proportion of negative tiger metaphors that are related to women. This finding can be used as crucial information for future studies on other gender-related animal metaphorical idioms and can offer additional insights for understanding trends in other animal metaphors.

Keywords: Chinese, CCL corpus, gender differences, metaphorical idioms, tigers

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Authors: Martial Amou

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This study was carried out to assess the situation of households’ livelihood under a changing climate pattern in the Zio district of Togo, West Africa. The study examined three important aspects: (i) assessment of households’ livelihood situation under a changing climate pattern, (ii) farmers’ perception and understanding of local climate change, (iii) determinants of adaptation strategies undertaken in cropping pattern to climate change. To this end, secondary sources of data, and survey data collected from 235 farmers in four villages in the study area were used. Adapted conceptual framework from Sustainable Livelihood Framework of DFID, two steps Binary Logistic Regression Model and descriptive statistics were used in this study as methodological approaches. Based on Sustainable Livelihood Approach (SLA), various factors revolving around the livelihoods of the rural community were grouped into social, natural, physical, human, and financial capital. Thus, the study came up that households’ livelihood situation represented by the overall livelihood index in the study area (34%) is below the standard average households’ livelihood security index (50%). The natural capital was found as the poorest asset (13%) and this will severely affect the sustainability of livelihood in the long run. The result from descriptive statistics and the first step regression (selection model) indicated that most of the farmers in the study area have clear understanding of climate change even though they do not have any idea about greenhouse gases as the main cause behind the issue. From the second step regression (output model) result, education, farming experience, access to credit, access to extension services, cropland size, membership of a social group, distance to the nearest input market, were found to be the significant determinants of adaptation measures undertaken in cropping pattern by farmers in the study area. Based on the result of this study, recommendations are made to farmers, policy makers, institutions, and development service providers in order to better target interventions which build, promote or facilitate the adoption of adaptation measures with potential to build resilience to climate change and then improve rural livelihood.

Keywords: climate change, rural livelihood, cropping pattern, adaptation, Zio District

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Authors: Ebrahim Gharleghi

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This paper aims to examine how customer knowledge management (CKM) can be implemented in Iranian Banks in practice, with the focus on the human resource (people, technology and processes) as important factors of CKM. A conceptual model of an analytical CKM strategy for CKM in this Iranian Banks is developed from the findings and literature review. This article has been based on interviews and distributing the questionnaire. Data were collected from 260 managers from bank managers. The paper finds that hypotheses were tested using student’s t-test (one-sample t-test), Pearson correlation analysis and regression analysis. Test of hypotheses revealed that human, technology and processes factors positively and significantly influenced the implementation of CKM practices. These findings tend to corroborate our conceptual model. Human factor of CKM was found to be more significantly affecting appropriate CKM implementation than others CKM factors, indicating that this factor is more important than the others aspects of CKM. On the other hand, this factor is appropriate in Iranian Banks. Process is in second part and technology is in final part. This indicates that technology infrastructures are so weak in Iranian Banks for CKM implementation. In this paper there is little or no empirical evidence investigating the amount of the execution of the CKM in Iranian Banks. This paper rectifies this imbalance by clarifying the significance human, technology and processes factors in CKM implementation.

Keywords: knowledge management, customer relationship management, customer knowledge management, integration, people, technology, process

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Authors: Nwachi Prosper Louis, Cynthia Ogonna Ikesee

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The urban planning system of cities varies by country, but in general, it is an instrument for establishing long-term sustainable frameworks and plans for social, institutional and economic development. There is limited knowledge, development, and implementation of effective and sustainable urban planning structures and plans that encourage social inclusion in most communities. This has led to social, economic and environmental deficiencies resulting in community isolation and segregation in class, ethnicity, and race. Encouraging public participation in the urban planning process is one of the instruments that cities can utilise to achieve better social inclusion outcomes. This paper explores how public participation can be used as a social inclusion tool in the urban planning process to achieve better outcomes in Abuja urban planning system. The purpose of this study is to investigate the effectiveness of this approach. Also, a conceptual model was developed which evaluates the relationship between public participation and social inclusion outcomes in the urban planning process. It was seen that every community has its peculiar way of life and challenges, and an understanding of these social societal needs is paramount in the urban planning process. Therefore, the involvement of the public in identifying their needs, selecting priorities and identifying strategies offer better chances for developing solutions that are sustainable, feasible and implementable.

Keywords: public participation, social inclusion, urban planning, urban planning process

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Authors: Afef Badri

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Metaphorical creativity does not constitute a static property of discourse. It is an interactive dynamic process created online. There has been a lack of research concerning online produced metaphorical creativity. This paper intends to account for metaphorical creativity in online talk-in-interaction as a dynamic process that emerges as discourse unfolds. It brings together insights from the emergentist approach to the study of metaphor in verbal interactions and insights from conceptual blending approach as a model for analysing online metaphorical constructions to propose a model for studying metaphorical creativity in interactive talk. The model is based on three focal points. First, metaphorical creativity is a dynamic emergent and open-to-change process that evolves in real time as interlocutors constantly blend and re-blend previous metaphorical contributions. Second, it is not a product of isolated individual minds but a joint achievement that is co-constructed and co-elaborated by interlocutors. The third and most important point is that the emergent process of metaphorical creativity is tightly shaped by contextual variables surrounding talk-in-interaction. It is grounded in the framework of interpretation of interlocutors. It is constrained by preceding contributions in a way that creates textual cohesion of the verbal exchange and it is also a goal-oriented process predefined by the communicative intention of each participant in a way that reveals the ideological coherence/incoherence of the entire conversation.

Keywords: communicative intention, conceptual blending, the emergentist approach, metaphorical creativity

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Authors: Hee Soo Kim, Ha Young Kyung

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This paper examines the role of positive emotions in human psychology. By understanding Fredrickson and Lyubomirsky et al.’s on positive emotions, one can better understand people’s intuitive understanding, mental health and well-being. Fredrickson asserts that positive emotions create positive affects and personal resources, and Lyubomirsky et al. relate such positive resources to the creation of happiness and personal development. This paper finds that positive emotions play a significant role in the learning process, and they are instrumental in creating a long-lasting repertoire of personal resources and play an essential role in the development of the intuitive understanding of life variables, resilience in coping with life challenges, and ability to build more successful lives.

Keywords: Positive emotions, positive affects, personal resources, negative emotions, development

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Authors: Joy Chadwick

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There is no doubt that classrooms of today are more complex and diverse than ever before. Preparing teacher candidates to meet these challenges is essential to ensure the retention of teachers within the profession and to ensure that graduates begin their teaching careers with the knowledge and understanding of how to effectively meet the diversity of students they will encounter. Creating inclusive classrooms requires teachers to have a repertoire of effective instructional skills and strategies. Teachers must also have the mindset to embrace diversity and value the uniqueness of individual students in their care. This qualitative study analyzed teacher candidates' experiences as they completed a fourteen-week teaching practicum while simultaneously completing a university course focused on inclusive pedagogy. The research investigated the challenges and successes teacher candidates had in navigating the translation of theory related to inclusive pedagogy into their teaching practice. Applying threshold concept theory as a framework, the research explored the troublesome concepts, liminal spaces, and transformative experiences as connected to inclusive practices. Threshold concept theory suggests that within all disciplinary fields, there exists particular threshold concepts that serve as gateways or portals into previously inaccessible ways of thinking and practicing. It is in these liminal spaces that conceptual shifts in thinking and understanding and deep learning can occur. The threshold concept framework provided a lens to examine teacher candidate struggles and successes with the inclusive education course content and the application of this content to their practicum experiences. A qualitative research approach was used, which included analyzing twenty-nine course reflective journals and six follow up one-to-one semi structured interviews. The journals and interview transcripts were coded and themed using NVivo software. Threshold concept theory was then applied to the data to uncover the liminal or stuck spaces of learning and the ways in which the teacher candidates navigated those challenging places of teaching. The research also sought to uncover potential transformative shifts in teacher candidate understanding as connected to teaching in an inclusive classroom. The findings suggested that teacher candidates experienced difficulties when they did not feel they had the knowledge, skill, or time to meet the needs of the students in the way they envisioned they should. To navigate the frustration of this thwarted vision, they relied on present and previous course content and experiences, collaborative work with other teacher candidates and their mentor teachers, and a proactive approach to planning for students. Transformational shifts were most evident in their ability to reframe their perceptions of children from a deficit or disability lens to a strength-based belief in the potential of students. It was evident that through their course work and practicum experiences, their beliefs regarding struggling students shifted as they saw the value of embracing neurodiversity, the importance of relationships, and planning for and teaching through a strength-based approach. Research findings have implications for teacher education programs and for understanding threshold concepts theory as connected to practice-based learning experiences.

Keywords: inclusion, inclusive education, liminal space, teacher education, threshold concepts, troublesome knowledge

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Authors: M. Kolotylo, H. Zheng, R. Parente, R. Dahiya

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Large number of organizations, frequently motivated by budget and cost cuts, outsource their Information Technology (IT) positions every year. Although the objective of reduction in financial obligations is often not accomplished, many buyer companies still manage to benefit from outsourcing projects. Knowledge Transfer (KT), being one of the major processes that take place during IT outsourcing partnership, may exert a strong impact on the performance of the parties involved, particularly that of the buyer. Research, however, lacks strong conceptual basis for the possible benefits that KT from supplier may bring to the buyer; and for the mechanisms that may be adopted by the buyer to maximize such benefit. This paper aims to fill this gap by proposing a conceptual framework of organizational learning and development of dynamic capabilities enabled by KT from the supplier to the buyer. The study examines buyer-supplier relationships in the context of IT outsourcing transactions, and theorizes how KT from the supplier to the buyer helps the performance of the buyer. It warrants that more research is carried out in order to explicate and provide evidence regarding the role that KT plays in strategic improvements for the buyer. The paper proposes to take up a two-fold approach to the research: conceptual development that utilizes logical argumentation and interpretive historical research, as well as a qualitative case study which aims to capture and understand the complex processes involved. Thus, the study provides a comprehensive visualization of the dynamics of the conditions under which participation in IT outsourcing partnership might be of benefit to the buyer company. The framework demonstrates the mechanisms involved in buyer’s achievement of strategic alignment through organizational learning enabled by KT from the supplier. It highlights that organizational learning involves a balance between exploitation of assets and exploration of new possibilities, and further notes that the dynamic capabilities mediate the effect of organizational learning on firm performance. The paper explicates in what ways managers can leverage outsourcing projects to execute strategy, which would enable their organization achieve better performance. The study concludes that organizational learning enables the firm to develop IT capabilities of strategic planning, IT integration, and IT relationships in the outsourcing context, and that IT capabilities developed through the organizational learning would help the firm in achieving strategic alignment.

Keywords: dynamic capabilities, it outsourcing, knowledge transfer, organizational learning, strategic alignment

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Authors: Guerriche Amina

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The recent trends in foreign language teaching -influenced widely by the process of globalization, interculturalism, and global flows and migration- are leaning towards adopting an intercultural perspective to help in developing students who are global citizens able to effectively function across diverse boundaries (cultural, social, geographical). Researchers call for intercultural learning and teaching perspective that would foster and increase intercultural awareness and understanding (e.g., Guilherme, 2002; Byram et al., 2002). The present research aims at unfolding whether including the cultural dimension in foreign language instruction can help in developing students’ intercultural understanding and awareness. In doing so, a cultural pedagogical experiment was designed and conducted for the period of one year at the level of the university. Data were collected qualitatively and analyzed thematically. Results help in drawing important implications for educational institutions, foreign language teachers, and syllabus designers about the importance and effectiveness of perceiving foreign language instruction as a social activity that can nurture interculturally competent individuals who adequately respond to the demands of today’s intercultural and globalized societies.

Keywords: foreign language teaching, intercultural awareness, language and culture, intercultural understanding

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Authors: Mark De Ste Croix, Jonathan Hughes, Francisco Ayala, Michal Lehnert

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There are well-known challenges to implementing injury prevention training for youth players but no data are available on the knowledge and understanding of deliverers of such programmes at grass root level. To increase adoption and adherence to such programmes coach knowledge and understanding of injury risk and prevention is essential. Therefore, the purpose of this study was to examine grass-root coaches knowledge and understanding of injury risk and prevention in youth players. 68 grass root coaches (18 females and 50 males) who were attending a one-day injury prevention workshop completed a modified validated questionnaire exploring knowledge and understanding of injury risk and prevention in youth players. Only 59% of coaches agreed that youth players are at a high risk of suffering an injury. There were high levels of agreement that injuries can have negative impacts on team performance (75%) and can cause physical problems in later life (85%), however only around half of coaches felt that injuries affect youth players current quality of life (59%). There was strong agreement that it is possible to prevent injuries in youth players (84%), but coaches were generally unaware of programs to help prevent injuries (84%), and only 9% used some form of injury prevention program. Despite this, nearly all coaches felt that their coaching could benefit from a greater understanding of growth and maturation (91%), injury prevention programmes (91%) and specific exercises (93%) for youth athletes. 17% of coaches rated their knowledge of injury prevention as good/very good at the start of the workshop and this increased to 94% at the end of the workshop. 62% of coaches identified their attitude towards injury prevention as indifferent at the start of the workshop compared with only 1% at the end. Only 14% of coaches at the start of the workshop were confident to deliver an injury prevention session but 83% stated they were confident by the end of the workshop. Finally, 98% of coaches felt that the workshop provided them with the confidence and the knowledge to deliver an injury prevention session and 98% suggested that they would implement injury prevention into their coaching. These data suggest that there is a lack of understanding of grass root coaches that children are a high-risk group for injuries, and that such injuries impact on current quality of life. Despite understanding that injuries can be prevented most grass root coaches do not have the knowledge to implement injury prevention into their coaching and very few do. There is a common consensus amongst these coaches that a greater understanding of such programmes will enhance their coaching. The injury prevention workshop appears to have increased the knowledge and changed the attitude of coaches towards injury prevention. All coaches felt that the workshop provided them with the tools to adopt, implement and deliver injury prevention in their coaching. These data highlight that there is a clear need for education regarding injury risk and prevention to be embedded within the coach education pathway, especially at grass root level.

Keywords: coach education, injury prevention, knowledge, and understanding, youth

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Authors: Daniel Edem Adzovie, Jakub Kudlac

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The subtle institutionalization of male dominance in the film industry in the 1930s and its rippling effect of gender imbalance especially, regarding female active participation in film industries across the globe in terms of number and influence, is a worrying trend. The main purpose of the study is to explore the role of gender themes, especially patriarchal themes in films, in influencing the disparity experienced in film industries. Partially, we examine the motivations vis-à-vis the demotivating factors that attract and or refract females from enrolling in film schools against their male contemporaries. Employing a qualitative inquiry with a specific focus on document analysis as well as experts’ opinions in order to ascertain the antecedents and consequences of patriarchal themes in films on female participation in film industries, we drew extant literature from reputable databases such as EBSCO, Scopus, Web of Science, ERIH Plus, Google Scholar as well as notable books on gender and film. Secondly, we conceptualized a research model for a future qualitative research design that could take into consideration a study from at least three different film industries and analyze using thematic analysis. This could help validate the proposed conceptual model of the study. The literature review revealed that culture, to a large extent, influences the patriarchal themes conveyed in films, which inhibits active female participation in film industries. Research implications have been discussed.

Keywords: film industry, female, gender, male dominance, patriarchal themes

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Authors: Ana Cristina García-Luna Romero

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This document seeks to reflect on the urban project from its conceptual identity root. In the first instance, a proposal is made on how the city project is sustained from the conceptual root, from the logos: it opens a way to assimilate the imagination; what we imagine becomes a reality. In this way, firstly, the need to use language as a vehicle for transmitting the stories that sustain us as humanity can be deemed as an important social factor that enables us to social behavior. Secondly, the need to attend to the written language as a mechanism of power, as a means to consolidate a dominant ideology or a political position, is raised; as it served to carry out the modernization project, it is therefore addressed differences between the real and the literate city. Thus, the consolidated urban-architectural project is based on logos, the project, and planning. Considering the importance of materiality and its relation to subjective well-being contextualized from a socio-urban approach, we question ourselves into how we can look at something that is doubtful. From a philosophy perspective, the truth is considered to be nothing more than a matter of correspondence between the observer and the observed. To understand beyond the relative of the gaze, it is necessary to expose different perspectives since it depends on the understanding of what is observed and how it is critically analyzed. Therefore, the analysis of materiality, as a political field, takes a proposal based on this research in the principles in transgenesis: principle of communication, representativeness, security, health, malleability, availability of potentiality or development, conservation, sustainability, economy, harmony, stability, accessibility, justice, legibility, significance, consistency, joint responsibility, connectivity, beauty, among others. The (urban) human being acts because he wants to live in a certain way: in a community, in a fair way, with opportunity for development, with the possibility of managing the environment according to their needs, etc. In order to comply with this principle, it is necessary to design strategies from the principles in transgenesis, which must be named, defined, understood, and socialized by the urban being, the companies, and from themselves. In this way, the technical status of the city in the neoliberal present determines extraordinary conditions for reflecting on an almost emergency scenario created by the impact of cities that, far from being limited to resilient proposals, must aim at the reflection of the urban process that the present social model has generated. Therefore, can we rethink the paradigm of the perception of life quality in the current neoliberal model in the production of the character of public space related to the practices of being urban. What we are trying to do within this document is to build a framework to study under what logic the practices of the social system that make sense of the public space are developed, what the implications of the phenomena of the inscription of action and materialization (and its results over political action between the social and the technical system) are and finally, how we can improve the quality of life of individuals from the urban space.

Keywords: cities, nature, society, urban quality of life

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Authors: Péter Restás, Andrea Czibor, Zsolt Péter Szabó

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Purpose: This article aims to rethink the phenomena of employee behavior as a product of a system. Both organizational culture and Complex Adaptive Systems (CAS) theory emphasize that individual behavior depends on the specific system and the unique organizational culture. These two major theories are both represented in the field of organizational studies; however, they are rarely used together for the comprehensive understanding of workplace behavior. Methodology: By reviewing the literature we use key concepts stemming from organizational culture and CAS theory in order to show the similarities between these theories and create an enriched understanding of employee behavior. Findings: a) Workplace behavior is defined here as social cognition issue. b) Organizations are discussed here as complex systems, and cultures which drive and dictate the cognitive processes of agents in the system. c) Culture gives CAS theory a context which lets us see organizations not just as ever-changing and unpredictable, but as such systems that aim to create and maintain stability by recurring behavior. Conclusion: Applying the knowledge from culture and CAS theory sheds light on our present understanding of employee behavior, also emphasizes the importance of novel ways in organizational research and management.

Keywords: complex adaptive systems theory, employee behavior, organizational culture, stability

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Authors: Nuray Gökçek Karaca

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This study aims to examine the application of occupational health and safety supervision in Turkey and EU countries in terms of legal regulations. The results of research reveal that occupational health and safety supervision in EU countries, whatever the understanding of welfare state, is effectively carried out and almost all legal regulations on this subject are consistent with the EU directives. On the other hand, there are serious problems in applications, not legal regulations, of occupational health and safety supervision in Turkey by the side of EU countries. Indeed, Turkey has modern regulations on occupational health and safety supervision whereas there are several problems such as ignoring prevention policy on occupational health and safety supervision, understanding of monotype inspector, problems resulting from this understanding and dispersed structure of occupational health and safety organizations in workplaces. As a result, Turkey needs to carry out effective supervision mechanisms.

Keywords: legal rules, occupational health and safety, inspection, supervision, legislation

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Authors: Linhan Sun

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With the gradual strengthening of China's economic development, more and more people around the world are learning Chinese due to economic and trade needs, which has also promoted the research related to Chinese language education for foreigners. Because the Chinese language system is different from the Western language system, learning Chinese is not easy for many learners. In addition, language learning cannot be separated from the learning and understanding of culture. How to integrate cultural learning into the curriculum of Chinese language education for foreigners is the focus of this study. Through a semi-structured in-depth interview method, 15 foreigners who have studied or are studying Chinese participated in this study. This study found that cultural learning and Chinese as a foreign language are relatively disconnected. In other words, learners were able to acquire a certain degree of knowledge of the Chinese language through textbooks or courses but did not gain a deeper understanding of Chinese culture.

Keywords: Chinese language education, Chinese culture, qualitative methods, intercultural communication

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Authors: Charles A. Khamala

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In 2003, constrained by an absent “rule of law culture” and negative economic growth, the new Kenyan government chose to pursue incremental judicial reforms rather than comprehensive constitutional reforms. President Mwai Kibaki’s first administration’s judicial reform strategy was two pronged. First, to implement unprecedented “radical surgery,” he appointed a new Chief Justice who instrumentally recommended that half the purportedly-corrupt judiciary should be removed by Presidential tribunals of inquiry. Second, the replacement High Court judges, initially, instrumentally-endorsed the “radical surgery’s” administrative decisions removing their corrupt predecessors. Meanwhile, retention of the welfare-reducing Constitution perpetuated declining public confidence in judicial institutions culminating in refusal by the dissatisfied opposition party to petition the disputed 2007 presidential election results, alleging biased and corrupt courts. Fatefully, widespread post-election violence ensued. Consequently, the international community prompted the second Kibaki administration to concede to a new Constitution. Suddenly, the High Court then adopted a non-instrumental interpretation to reject the 2003 “radical surgery.” This paper therefore critically analyzes whether the Kenyan court’s inconsistent interpretations–pertaining to the constitutionality of the 2003 “radical surgery” removing corruption from Kenya’s courts–was predicated on political expediency or human rights principles. If justice “must also seen to be done,” then pursuit of the CJ’s, Judicial Service Commission’s and president’s political or economic interests must be limited by respect for the suspected judges and magistrates’ due process rights. The separation of powers doctrine demands that the dismissed judges should have a right of appeal which entails impartial review by a special independent oversight mechanism. Instead, ignoring fundamental rights, Kenya’s new Supreme Court’s interpretation of another round of vetting under the new 2010 Constitution, ousts the High Court’s judicial review jurisdiction altogether, since removal of judicial corruption is “a constitutional imperative, akin to a national duty upon every judicial officer to pave way for judicial realignment and reformulation.”

Keywords: administrative decisions, corruption, fair hearing, judicial review, (non) instrumental

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Authors: Reza Mohammadzadeh

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The major challenges in geotechnical engineering in underground spaces arise from uncertainties and different probabilities. The collection, collation, and collaboration of existing data to incorporate them in analysis and design for given prospect evaluation would be a reliable, practical problem solving method under uncertainty. Machine learning (ML) is a subfield of artificial intelligence in statistical science which applies different techniques (e.g., Regression, neural networks, support vector machines, decision trees, random forests, genetic programming, etc.) on data to automatically learn and improve from them without being explicitly programmed and make decisions and predictions. In this paper, a conceptual database schema of geotechnical risks in underground coal mining based on a cloud system architecture has been designed. A new approach of risk assessment using a three-dimensional risk matrix supported by the level of knowledge (LoK) has been proposed in this model. Subsequently, the model workflow methodology stages have been described. In order to train data and LoK models deployment, an ML platform has been implemented. IBM Watson Studio, as a leading data science tool and data-driven cloud integration ML platform, is employed in this study. As a Use case, a data set of geotechnical hazards and risk assessment in underground coal mining were prepared to demonstrate the performance of the model, and accordingly, the results have been outlined.

Keywords: data model, geotechnical risks, machine learning, underground coal mining

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Authors: Enoch F. Sam, Kris Brijs, Stijn Daniels, Tom Brijs, Geert Wets

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Notwithstanding the growing body of literature that recognises the importance of personal safety to public transport (PT) users, it remains unclear what PT users consider regarding their safety. In this study, we explore the criteria PT users in Ghana use to assess bus safety. This knowledge will afford a better understanding of PT users’ risk perceptions and assessments which may contribute to theoretical models of PT risk perceptions. We utilised phenomenological research methodology, with data drawn from 61 purposively sampled participants. Data collection (through focus group discussions and in-depth interviews) and analyses were done concurrently to the point of saturation. Our inductive data coding and analyses through the constant comparison and content analytic techniques resulted in 4 code categories (conceptual dimensions), 27 codes (safety items/criteria), and 100 quotations (data segments). Of the number of safety criteria participants use to assess bus safety, vehicle condition, driver’s marital status, and transport operator’s safety records were the most considered. With each criterion, participants rightly demonstrated its respective relevance to bus safety. These findings imply that investment in and maintenance of safer vehicles, and responsible and safety-conscious drivers, and prioritization of passengers’ safety are key-targets for public bus/minibus operators in Ghana.

Keywords: safety evaluations, public bus/minibus, passengers, phenomenology, Ghana

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Authors: Amrisha Pandey

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Indian constitution has distributed the powers to govern and legislate between the centre and the state governments based on the list of subject-matter provided in the seventh schedule. By that schedule, the states are authorized to regulate the water resource within their territory. However, the centre/union government is authorized to regulate the inter-state water disputes. The powers entrusted to the union government mainly deals with the sharing of river water which flows through the territory of two or more states. For that purpose, a provision enumerated in Article 262 of the Constitution of India which empowers the parliament to resolve any such inter-state river water dispute. Therefore, the parliament has enacted the - ‘Inter-State River Water Dispute Tribunal, Act’, which allows the central/union government to constitute the tribunal for the adjudication of the disputes and expressly bars the jurisdiction of the judiciary in the concerned matter. This arrangement was intended to resolve the dispute using political or diplomatic means, without deliberately interfering with the sovereign power of the states to govern the water resource. The situation in present context is complicated and sensitive. Due to the change in climatic conditions; increasing demand for the limited resource; and the advanced understanding of the freshwater cycle, which is missing from the existing legal regime. The obsolete legal and political tools, the existing legislative mechanism and the institutional units do not seem to accommodate the rising challenge to regulate the resource. Therefore, resulting in the rise of the politicization of the inter-state water disputes. Against this background, this paper will investigate the inter-state river water dispute in India and will critically analyze the ability of the existing constitutional, and institutional units involved in the task. Moreover, the competence of the tribunal as the adjudicating body in present context will be analyzed using the long ongoing inter-state water dispute in India – The Cauvery Water Dispute, as the case study. To conduct the task undertaken in this paper the doctrinal methodology of the research is adopted. The disputes will also be investigated through the lens of sovereignty, which is accorded to the states using the theory of ‘separation of power’ and the ‘grant of internal sovereignty’, to its federal units of governance. The issue of sovereignty in this paper is discussed in two ways: 1) as the responsibility of the state - to govern the resource; and 2) as the obligation of the state - to govern the resource, arising from the sovereign power of the state. Furthermore, the duality of the sovereign power coexists in this analysis; the overall sovereign authority of the nation-state, and the internal sovereignty of the states as its federal units of governance. As a result, this investigation will propose institutional, legislative and judicial reforms. Additionally, it will suggest certain amendments to the existing constitutional provisions in order to avoid the contradictions in their scope and meaning in the light of the advanced hydrological understanding.

Keywords: constitution of India, federalism, inter-state river water dispute tribunal of India, sovereignty

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Authors: Maria Ukolova

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Social and cultural processes over the past decades have largely affected the understanding of conventional female beauty all over the world. Fine arts and design tendencies could not remain unchanged and show a dynamic interplay with female rights, gender equality, and other social processes. As of now, the area lacks comprehensive academic research on the tendencies of understanding female beauty in contemporary art. This article makes an attempt to outline and analyse the main tendencies of contemporary works of art that turn to the image of a woman, including photography, digital art, and various forms of design. The research bases itself on paintings, performing arts, photography, digital art, and various forms of design, mainly on the principle of the most broadly resonated in society, as an empirical basis, and on existing researches in the sphere. The results of the research show a general trend that the concept of female beauty in art is either challenged as such or its understanding has shifted to individuality, diversity, and the state of mental health. However, some categories of art, such as digital art in the gaming industry, remain resistant to change and retain the appearance-based understanding of beauty. Specific tendencies are, firstly, aestheticization of all types of appearances; secondly, a ubiquitous interest in mental health issues and understanding the state of mental health as a part of beauty; thirdly, a certain infantilization of the image of the woman is observed as compared to previous decades. The significance of the findings of the research is to contribute to a scientific understanding of the concept of beauty in contemporary art and to give ground for prospective further related research in sociology, phycology, etc. The findings might be perceived not only by academics but also by artists and practitioners in the spheres of art and society.

Keywords: fine arts, history of art, contemporary art, concept of beauty

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Authors: Gregory Kelly, Gary Chai, Sittampalam Manoharan, Deborah Delaney

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A Structural Number (SN) can be calculated for a road pavement from the properties and thicknesses of the surface, base course, sub-base, and subgrade. Historically, the cost of collecting structural data has been very high. Data were initially collected using Benkelman Beams and now by Falling Weight Deflectometer (FWD). The structural strength of pavements weakens over time due to environmental and traffic loading factors, but due to a lack of data, no structural deterioration curve for pavements has been implemented in a Pavement Management System (PMS). International Roughness Index (IRI) is a measure of the road longitudinal profile and has been used as a proxy for a pavement’s structural integrity. This paper offers two conceptual methods to develop Pavement Structural Deterioration Curves (PSDC). Firstly, structural data are grouped in sets by design Equivalent Standard Axles (ESA). An ‘Initial’ SN (ISN), Intermediate SN’s (SNI) and a Terminal SN (TSN), are used to develop the curves. Using FWD data, the ISN is the SN after the pavement is rehabilitated (Financial Accounting ‘Modern Equivalent’). Intermediate SNIs, are SNs other than the ISN and TSN. The TSN was defined as the SN of the pavement when it was approved for pavement rehabilitation. The second method is to use Traffic Speed Deflectometer data (TSD). The road network already divided into road blocks, is grouped by traffic loading. For each traffic loading group, road blocks that have had a recent pavement rehabilitation, are used to calculate the ISN and those planned for pavement rehabilitation to calculate the TSN. The remaining SNs are used to complete the age-based or if available, historical traffic loading-based SNI’s.

Keywords: conceptual, pavement structural number, pavement structural deterioration curve, pavement management system

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Authors: Ryan Villafuerte Lansangan

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Assessing students’ understanding in the microscopic level of an abstract subject like chemistry poses a challenge to teachers. Literature reveals that the use of representations serves as an essential avenue of measuring the extent of understanding in the discipline as an alternative to traditional assessment methods. This undertaking explored the representational competence profile of high school students from the University of Santo Tomas High School in understanding selected chemical principles and correlate this with their academic profile in chemistry based on their performance in the academic achievement examination in chemistry administered by the Center for Education Measurement (CEM). The common misconceptions of the students on the selected chemistry principles based on their representations were taken into consideration as well as the students’ views regarding their understanding of the role of chemical representations in their learning. The students’ level of representation task instrument consisting of the main lessons in chemistry with a corresponding scoring guide was prepared and utilized in the study. The study revealed that most of the students under study are unanimously rated as Level 2 (symbolic level) in terms of their representational competence in understanding the selected chemical principles through the use of chemical representations. Alternative misrepresentations were most observed on the students’ representations on chemical bonding concepts while the concept of chemical equation appeared to be the most comprehensible topic in chemistry for the students. Data implies that teachers’ representations play an important role in helping the student understand the concept in a microscopic level. Results also showed that the academic achievement in the chemistry of the students based on the standardized CEM examination has a significant association with the students’ representational competence. In addition, the students’ responses on the students’ views in chemical representations questionnaire evidently showed a good understanding of what a chemical representation or a mental model is by drawing a negative response that these tools should be an exact replica. Moreover, the students confirmed a greater appreciation that chemical representations are explanatory tools.

Keywords: chemical representations, representational competence, academic profile in chemistry, secondary students

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Authors: Tessa Berg, Emma Guion Akdag

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Summative feedback forms are used in academia for gathering data on course quality and student understanding. Students answer a series of questions based on the course they are soon to finish in these forms. Feedback forms are notorious for being homogenised and limiting and thus the data captured is often neutral and lacking in tacit emotional responses. This paper contrasts student feedback forms with collaborative drawing. We analyse 19 pictures drawn by international students on a pre-sessional course. Through visuals we present an approach to enable a holistic level of student understanding. Visuals communicate irrespective of possible language, cultural and educational barriers. This paper sought to discover if the pictures mirrored the feedback given on a typical feedback form. Findings indicate a considerable difference in the two approaches and thus we highlight the value of collaborative drawing as a complimentary resource to aid the understanding of student experience.

Keywords: feedback forms, visualisation, student experience, collaborative drawing

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Authors: Pınar Yardımcı

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This paper tries to answer to the questions whether or not trade openness cause economic growth and trade policy changes is good for Turkey as a developing country in global economy before and after 1980. We employ Johansen cointegration and Granger causality tests with error correction modelling based on vector autoregressive. Using WDI data from the pre-1980 and the post-1980, we find that trade openness and economic growth are cointegrated in the second term only. Also the results suggest a lack of long-run causality between our two variables. These findings may imply that trade policy of Turkey should concentrate more on extra complementary economic reforms.

Keywords: globalization, trade policy, economic growth, openness, cointegration, Turkey

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Authors: Ali Alavi, Hong-Oanh Nguyen, ‎Jiangang Fei, Jafar Sayareh

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The recent competitive market in the port sector highly depend on logistics practices, functions ‎and activities and seaports play a key role in port logistics chains. Despite the well-articulated importance of ports and terminals in integrated logistics, the role of success factors in port logistics integration has been rarely mentioned‎. The objective of this paper is to ‎fill this gap in the literature and provide an insight into how seaports and terminals may improve their logistics integration. First, a literature review of studies on logistics integration in seaports and terminals is conducted. Second, a new conceptual framework for port logistics integration is proposed to incorporate the role of the new variables emerging from the recent developments in the global business environment. Third, the model tested in Iranian port and maritime sector using self-administered and online survey among logistics chain actors in Iranian seaports such shipping line operators, logistics service providers, port authorities, logistics companies and other related actors. The results have found the logistics process and operations, information integration, ‎value-added services, and logistics practices being influential to logistics integration. A proposed conceptual framework is developed to extend the existing ‎framework and incorporates the variables namely organizational activities, resource ‎sharing, and institutional support.‎ Further examination of the proposed model across multiple contexts is necessary for the validity of the findings. The framework could be more detailed on each factor and consider actors perspective.

Keywords: maritime logistics‎, port integration‎, logistics integration‎, supply chain integration

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Authors: Camila Plaza, Stefan Felder

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In October 2014, the TARMED reform was implemented in Switzerland. In an effort to even out the financial standing of general practitioners (including pediatricians) relative to that of specialists in the outpatient sector, the reform tackled two aspects: on the one hand, GPs would be able to bill an additional 9 CHF per patient, once per consult per day. This is referred to as the surcharge position. As a second measure, it reduced the fees for certain technical services targeted to specialists (e.g., imaging, surgical technical procedures, etc.). Given the fee-for-service reimbursement system in Switzerland, we predict that physicians reacted to the economic incentives of the reform by increasing the consults per patient and decreasing the average amount of time per consult. Within this framework, our treatment group is formed by GPs and our control group by those specialists who were not affected by the reform. Using monthly insurance claims panel data aggregated at the physician praxis level (provided by SASIS AG), for the period of January 2013-December 2015, we run difference in difference panel data models with physician and time fixed effects in order to test for the causal effects of the reform. We account for seasonality, and control for physician characteristics such as age, gender, specialty, and physician experience. Furthermore, we run the models on subgroups of physicians within our sample so as to account for heterogeneity and treatment intensities. Preliminary results support our hypothesis. We find evidence of an increase in consults per patients and a decrease in time per consult. Robustness checks do not significantly alter the results for our outcome variable of consults per patient. However, we do find a smaller effect of the reform for time per consult. Thus, the results of this paper could provide policymakers a better understanding of physician behavior and their sensitivity to financial incentives of reforms (both past and future) under the current reimbursement system.

Keywords: difference in differences, financial incentives, health reform, physician behavior

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Authors: Guangyan Chen

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This study examined Chinese teachers’ perceptions of assessing U.S. college students’ L2 (second language) Chinese oral performances at different levels. Ten oral performances were videotaped from which three were chosen as samples to represent three different proficiency levels based on professionals’ judgments according to the ACTFL proficiency guidelines. The three samples were shown to L2 Chinese teachers who completed questionnaires about their assessments for each speech sample. In total, 104 L2 Chinese teachers responded to each of the three samples. The Exploratory Factor Analyses (EFA) of the teachers’ responses revealed three similar rating criteria patterns for assessing the three levels of oral performances. The teachers’ responses to Samples 2 and 3 revealed five rating criteria: Global proficiency, Chinese conceptual framework, content richness, communication appropriateness, and communication clarity. The teachers’ responses to Sample 1 revealed four rating criteria: global proficiency, Chinese conceptual framework, communication appropriateness/content richness, and communication clarity. However, the analyses of variance (ANOVAs) revealed that the proficiency levels of the three oral performances differed significantly across all rating criteria. Therefore, the data suggests that L2 classroom teachers could use the similar rating criteria pattern to assess college-level L2 Chinese students’ oral performances at different proficiency levels.

Keywords: language assessment, L2 Chinese, oral performance, rating criteria

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