Search results for: jungle justice
169 Keyword Advertising: Still Need Construction in European Union; Perspective on Interflora vs. Marks and Spencer
Authors: Mohammadbagher Asghariaghamashhadi
Abstract:
Internet users normally are automatically linked to an advertisement sponsored by a bidder when Internet users enter any trademarked keyword on a search engine. This advertisement appears beside the search results. Through the process of keyword advertising, advertisers can connect with many Internet users and let them know about their goods and services. This concept has generated heated disagreements among legal scholars, trademark proprietors, advertisers, search engine owners, and consumers. Therefore, use of trademarks in keyword advertising has been one of the most debatable issues in trademark law for several years. This entirely new way of using trademarks over the Internet has provoked a discussion concerning the core concepts of trademark law. In respect to legal issues, European Union (EU) trademark law is mostly governed by the Trademark Directive and the Community Trademark Regulation. Article 5 of the directive and Article 9 of the trademark regulation determine the circumstances in which a trademark owner holds the right to prohibit a third party’s use of his/her registered sign. Harmonized EU trademark law proved to be ambiguous on whether using of a trademark is amounted to trademark infringement or not. The case law of the European Court of Justice (ECJ), with reference to this legislation, is mostly unfavorable to trademark owners. This ambivalence was also exhibited by the case law of EU Member States. European keyword advertisers simply could not tell which use of a competitor‘s trademark was lawful. In recent years, ECJ has continuously expanded the scope and reach of trademark protection in the EU. It is notable that Inconsistencies in the Court’s system of infringement criteria clearly come to the fore and this approach has been criticized by analysts who believe that the Court should have adopted a more traditional approach to the analysis of trademark infringement, which was suggested by its Advocate General, in order to arrive at the same conclusion. Regarding case law of keyword advertising within Europe, one of the most disputable cases is Interflora vs. Marks and Spencer, which is still on-going. This study examines and critically analyzes the decisions of the ECJ, the high court of England, and the Court of Appeals of England and address critically keyword advertising issue within European trademark legislation.Keywords: ECJ, Google, Interflora, keyword advertising, Marks and Spencer, trademark infringement
Procedia PDF Downloads 345168 Non-State Actors and Their Liabilities in International Armed Conflicts
Authors: Shivam Dwivedi, Saumya Kapoor
Abstract:
The Israeli Supreme Court in Public Committee against Torture in Israel v. Government of Israel observed the presence of non-state actors in cross-border terrorist activities thereby making the role of non-state actors in terrorism the center of discussion under the scope of International Humanitarian Law. Non-state actors and their role in a conflict have also been traversed upon by the Tadic case decided by the International Criminal Tribunal for the former Yugoslavia. However, there still are lacunae in International Humanitarian Law when it comes to determining the nature of a conflict, especially when non-state groups act within the ambit of various states, for example, Taliban in Afghanistan or the groups operating in Ukraine and Georgia. Thus, the objective of writing this paper would be to observe the ways by which non-state actors particularly terrorist organizations could be brought under the ambit of Additional Protocol I. Additional Protocol I is a 1977 amendment protocol to the Geneva Conventions relating to the protection of victims of international conflicts which basically outlaws indiscriminate attacks on civilian populations, forbids conscription of children and preserves various other human rights during the war. In general, the Additional Protocol I reaffirms the provisions of the original four Geneva Conventions. Since provisions of Additional Protocol I apply only to cases pertaining to International Armed Conflicts, the answer to the problem should lie in including the scope for ‘transnational armed conflict’ in the already existing definition of ‘International Armed Conflict’ within Common Article 2 of the Geneva Conventions. This would broaden the applicability of the provisions in cases of non-state groups and render an international character to the conflict. Also, the non-state groups operating or appearing to operate should be determined by the test laid down in the Nicaragua case by the International Court of Justice and not under the Tadic case decided by the International Criminal Tribunal for Former Yugoslavia in order to provide a comprehensive system to deal with such groups. The result of the above proposal, therefore, would enhance the scope of the application of International Humanitarian Law to non-state groups and individuals.Keywords: Geneva Conventions, International Armed Conflict, International Humanitarian Law, non-state actors
Procedia PDF Downloads 377167 Legal Judgment Prediction through Indictments via Data Visualization in Chinese
Authors: Kuo-Chun Chien, Chia-Hui Chang, Ren-Der Sun
Abstract:
Legal Judgment Prediction (LJP) is a subtask for legal AI. Its main purpose is to use the facts of a case to predict the judgment result. In Taiwan's criminal procedure, when prosecutors complete the investigation of the case, they will decide whether to prosecute the suspect and which article of criminal law should be used based on the facts and evidence of the case. In this study, we collected 305,240 indictments from the public inquiry system of the procuratorate of the Ministry of Justice, which included 169 charges and 317 articles from 21 laws. We take the crime facts in the indictments as the main input to jointly learn the prediction model for law source, article, and charge simultaneously based on the pre-trained Bert model. For single article cases where the frequency of the charge and article are greater than 50, the prediction performance of law sources, articles, and charges reach 97.66, 92.22, and 60.52 macro-f1, respectively. To understand the big performance gap between articles and charges, we used a bipartite graph to visualize the relationship between the articles and charges, and found that the reason for the poor prediction performance was actually due to the wording precision. Some charges use the simplest words, while others may include the perpetrator or the result to make the charges more specific. For example, Article 284 of the Criminal Law may be indicted as “negligent injury”, "negligent death”, "business injury", "driving business injury", or "non-driving business injury". As another example, Article 10 of the Drug Hazard Control Regulations can be charged as “Drug Control Regulations” or “Drug Hazard Control Regulations”. In order to solve the above problems and more accurately predict the article and charge, we plan to include the article content or charge names in the input, and use the sentence-pair classification method for question-answer problems in the BERT model to improve the performance. We will also consider a sequence-to-sequence approach to charge prediction.Keywords: legal judgment prediction, deep learning, natural language processing, BERT, data visualization
Procedia PDF Downloads 121166 Construction Strategy of Urban Public Space in Driverless Era
Authors: Yang Ye, Hongfei Qiu, Yaqi Li
Abstract:
The planning and construction of traditional cities are oriented by cars, which leads to the problems of insufficient urban public space, fragmentation, and low utilization efficiency. With the development of driverless technology, the urban structure will change from the traditional single-core grid structure to the multi-core model. In terms of traffic organization, with the release of land for traffic facilities, public space will become more continuous and integrated with traffic space. In the context of driverless technology, urban public reconstruction is characterized by modularization and high efficiency, and its planning and layout features accord with points (service facilities), lines (smart lines), surfaces (activity centers). The public space of driverless urban roads will provide diversified urban public facilities and services. The intensive urban layout makes the commercial public space realize the functions of central activities and style display, respectively, in the interior (building atrium) and the exterior (building periphery). In addition to recreation function, urban green space can also utilize underground parking space to realize efficient dispatching of shared cars. The roads inside the residential community will be integrated into the urban landscape, providing conditions for the community public activity space with changing time sequence and improving the efficiency of space utilization. The intervention of driverless technology will change the thinking of traditional urban construction and turn it into a human-oriented one. As a result, urban public space will be richer, more connected, more efficient, and the urban space justice will be optimized. By summarizing the frontier research, this paper discusses the impact of unmanned driving on cities, especially urban public space, which is beneficial for landscape architects to cope with the future development and changes of the industry and provides a reference for the related research and practice.Keywords: driverless, urban public space, construction strategy, urban design
Procedia PDF Downloads 114165 Argumentation Frameworks and Theories of Judging
Authors: Sonia Anand Knowlton
Abstract:
With the rise of artificial intelligence, computer science is becoming increasingly integrated in virtually every area of life. Of course, the law is no exception. Through argumentation frameworks (AFs), computer scientists have used abstract algebra to structure the legal reasoning process in a way that allows conclusions to be drawn from a formalized system of arguments. In AFs, arguments compete against each other for logical success and are related to one another through the binary operation of the attack. The prevailing arguments make up the preferred extension of the given argumentation framework, telling us what set of arguments must be accepted from a logical standpoint. There have been several developments of AFs since its original conception in the early 90’s in efforts to make them more aligned with the human reasoning process. Generally, these developments have sought to add nuance to the factors that influence the logical success of competing arguments (e.g., giving an argument more logical strength based on the underlying value it promotes). The most cogent development was that of the Extended Argumentation Framework (EAF), in which attacks can themselves be attacked by other arguments, and the promotion of different competing values can be formalized within the system. This article applies the logical structure of EAFs to current theoretical understandings of judicial reasoning to contribute to theories of judging and to the evolution of AFs simultaneously. The argument is that the main limitation of EAFs, when applied to judicial reasoning, is that they require judges to themselves assign values to different arguments and then lexically order these values to determine the given framework’s preferred extension. Drawing on John Rawls’ Theory of Justice, the examination that follows is whether values are lexical and commensurable to this extent. The analysis that follows then suggests a potential extension of the EAF system with an approach that formalizes different “planes of attack” for competing arguments that promote lexically ordered values. This article concludes with a summary of how these insights contribute to theories of judging and of legal reasoning more broadly, specifically in indeterminate cases where judges must turn to value-based approaches.Keywords: computer science, mathematics, law, legal theory, judging
Procedia PDF Downloads 60164 Women Mayors and Management of Spanish Councils: An Empirical Analysis
Authors: Carmen Maria Hernandez-Nicolas, Juan Francisco Martín-Ugedo, Antonio Mínguez-Vera
Abstract:
This paper analyses the influence of gender of the mayors of Spanish local governments on different budget items using a sample of 8,243 town councils between 2002 and 2010 period and 64,361 observations. The system Generalized Method of Moments (GMM) technique was employed to examine this panel data. This powerful methodology allows controlling for the endogenity of the variables and the heterogeneity of the sample. Unlike previous works focused on the study of gender influence on firm decisions, the present work analyzes the influence of the gender of the major in the council’s decisions. Specifically, we examine the differences in financial liabilities, security, protection and social promotion expenses and income items relating to public management. In addition, the study focuses on the Spanish context, which is characterized by the presence of decentralization of public responsibility to a greater extent than in neighboring countries, feeding the debate on the operational efficiency of local government increased with an open debate on the importance of gender in public management. The results show that female mayors tend to have lower expenses in general without significant differences in incomes obtained for men and women majors. We also find that female majors incur fewer financial liabilities, one of the most important problems in the Spanish public sector. However, despite of cutting in the public sector, these councils have higher expenditure on security, protection and social promotion. According to these evidences, the presence of women in politics may serve to improve the councils’ economic situation and it is not only necessary for social justice but for economics efficiency. Besides, in councils with more inhabitants, women mayors are more common, but women who served for a very long time are less common.Keywords: councils, gender, local budgets, public management, women mayors
Procedia PDF Downloads 400163 Right to Information in Egypt and the Prospects of Renegotiating a New Social Order
Authors: Farida Ibrahim
Abstract:
Right to information is the public's right to know through having access to public information held by state bodies. Recognized as a cornerstone in transparent, participatory and open democracies, the right to information is increasingly perceived today as an emerging human right on the international level. While this right is conceptualized in a range of different contexts, the paper focuses on its conceptualization as a force for socio-economic change for disadvantaged groups. The paper's goal is study the instrumental capacity of this right in empowering the public to access state-held information pertinent to their socio-economic rights. In this regard, the paper views the right to information as an inclusionary tool that is capable of spurring inclusion for individuals excluded from the ambits of both: public participation and social justice. For exploring this, the paper examines the advocacy role played by civil society groups in furthering this instrumental capacity. In particular, the paper presents a focused account on the Egyptian case. While Egypt has recently adopted its constitutional provision on access to information, doubts arise on Egyptian citizens' genuine ability to access information held by state bodies. The politico-economic environment, long term culture of bureaucratic secrecy, and legal framework do not provide promising outcomes on access to public information. Within the particular context of the Egyptian case, this paper questions the extent to which civil society in Egypt is capable of instrumentally employing the political opportunity offered by the constitutional entitlement to information access for pressuring public authorities to disclose information. Through four lawsuits brought by civil society groups in Egypt, the paper argues that the right to information has instrumentally provided civil society actors with new domains of mobilization for furthering the realization of social and economic rights, and ultimately, for renegotiating a new social order lining the relationship between the Egyptian state and its citizens marginalized by socio-economic imbalances.Keywords: civil society, Egypt, right to information, socio-economic rights
Procedia PDF Downloads 281162 Monitoring and Evaluation in Community-Based Tourism: An Analysis and Model
Authors: Ivan Gunass Govender, Andrea Giampiccoli
Abstract:
A developmental state should use community engagement to facilitate socio-economic development for disadvantaged groups and individual members of society through empowerment, social justice, sustainability, and self-reliance. In this regard, community-based tourism (CBT) as a growing market should be an indigenous effort aided by external facilitation. Since this form of tourism presents its own preconditions, characteristics, and challenges, it could be guided by higher education institutions engagement. In particular, the facilitation should not only serve to assist the community members to reach their own goals; but rather also focus on learning through knowledge creation and sharing with the engagement of higher education institutions. While the increased relevance of CBT has produced various CBT manuals (or handbooks/guidelines) documents aimed to ‘teach’ and assist various entities in CBT development, this research aims to analyse the current monitoring & evaluation (M&E) manuals and thereafter, propose an M&E model for CBT. It is important to mention that all too often effective monitoring is seldom carried out thus risking the long-term sustainability and improvement of the CBT ventures. Therefore, the proposed model will also consider some inputs external to the tourism field, but in relation to local economic development (LED) matters from the previously proposed development monitoring and evaluation system framework. M&E should be seen as fundamental components of any CBT initiative, and the whole CBT intervention should be evaluated. In this context, M&E in CBT should go beyond strict ‘numerical’ economic matters and should be understood in a holistic development. In addition, M&E in CBT should not consider issues in various ‘compartments’ such as tourists, tourism attractions, CBT owners/participants, and stakeholder engagement but as interdependent components of a macro-ecosystem. Finally, the external facilitation process should be structured in a way to promote community self-reliance in both the intervention and the M&E process. The research will attempt to propose an M&E model for CBT so as to enhance the CBT possibilities of long-term growth and success through effective collaborations with key stakeholders.Keywords: community-based tourism, community-engagement, monitoring and evaluation, stakeholders
Procedia PDF Downloads 303161 Metagovernance and Sustainable Development Goals: Importance of Sustainable Policies and Democratic Institutions
Authors: Ghulam Rasool Madni
Abstract:
Global economies are prioritizing the attainment of Sustainable Development Goals (SDGs) for well-being of their people. An emphasis lies on the concept of metagovernance when contemplating the role of government in SDGs, especially in the context of its influence and guidance. Existing literature acknowledges the pivotal role of metagovernance in achieving the SDGs, but aspects of metagovernance unclear that are important for 17 SDGs. Using data from 41 countries, a comparative analysis is conducted for the year 2022. Utilizing a multiple regression analysis, the impact of different dimensions of metagovernance to achieve SDGs is explored, with a particular focus on sustainable policies, strategic capacity, policy coherence, democratic institutions, reflexivity, and adaptation. It is found that sustainable policies have a positive and significant relationship with different SDGs, including no poverty, zero hunger, health, sanitation and clean water, affordable and clean energy, decent work and economic growth, industry, innovation and infrastructure, reduced inequalities while democratic institutions also have a positive relationship with no poverty, good health and well-being, quality education, gender equality, clean water and sanitation, clean and affordable energy, and peace, justice, and strong institutions in these countries. Policymakers are suggested to ensure that sustainable policies are backed by legislation to provide them with a strong legal foundation. It is suggested to develop a long-term vision for sustainability that goes beyond short-term political cycles. Economies are encouraged to invest in building the capacity of government agencies, civil society organizations, and other stakeholders to effectively implement sustainable policies. Moreover, democratic institutions may be established through a constitution providing a solid foundation for democratic governance, including protection of human rights, separation of powers, and mechanisms for accountability and transparency.Keywords: metagovernance, sustainable development goals, sustainable policies, democratic institutions
Procedia PDF Downloads 19160 Performing Marginality and Contestation of Ethnic Identity: Dynamics of Identity Politics in Assam, India
Authors: Hare Krishna Doley
Abstract:
Drawing upon empirical data, this paper tries to examine how ethnic groups like Ahom, Moran, Motok, and Chutia creates and recreates ethnic boundaries while making claims for recognition as Scheduled Tribes (STs) under the Sixth Schedule of the Constitution of India, in the state of Assam. Underlying such claim is the distinct identity consciousness amongst these groups as they assert themselves originally as tribe drawing upon primordial elements. For them, tribal identity promises social justice and give credence to their claims of indigeneity while preserving their exclusivity within the multifarious society of Assam. Having complex inter-group relationships, these groups under study displays distinct as well as overlapping identities, which demonstrate fluidity of identities across groups while making claims for recognition. In this process, the binary of ‘us’ and ‘them’ are often constructed amongst these groups, which are in turn difficult to grasp as they share common historical linkages. This paper attempts to grapple with such complex relationships the studied groups and their assertion as distinct cultural entities while making ethnic boundaries on the basis of socio-cultural identities. Such claims also involve frequent negotiation with the Sate as well as with other ethnic groups, which further creates strife among indigenous groups for tribal identity. The paper argues that identity consciousnesses amongst groups have persisted since the introduction of resource distribution on ethnic lines; therefore, issues of exclusive ethnic identity in the state of Assam can be contextualised within the colonial and post-colonial politics of redrawing ethnic and spatial boundaries. Narrative of the ethnic leaders who are in the forefront of struggle for ST status revealed that it is not merely to secure preferential treatment, but it also encompasses entitlement to land and their socio-cultural identity as aboriginal. While noting the genesis of struggle by the ethnic associations for ST status, this paper will also delineate the interactions among ethnic groups and how the identity of tribe is being performed by them to be included in the official categories of ST.Keywords: ethnic, identity, sixth schedule, tribe
Procedia PDF Downloads 202159 The Lived Experience of Thai Mothers Living with HIV in Southern Thailand
Authors: Dusanee Suwankhong, Pranee Liamputtong
Abstract:
Mothers living with HIV tend to experience stigma and discrimination which has an impact on their psychological and social well-being and their human rights. This paper explores the lived experience of Thai mothers with HIV in their family. In-depth interviewing and drawing methods were employed to gain a deep understanding on the experience of 30 HIV-positive mothers in the southern community of Thailand. The data was analyzed using thematic analysis method. We found that the majority of HIV-positive mothers learned about their HIV status through blood test services during their antenatal care, but some decided to visit a doctor when their partner became chronically frail and showed some signs indicating HIV/AIDS. Learning about their HIV gave them a great shock, and they could not believe that they were infected with HIV/AIDS. They feared that their illness would be disclosed and hence attempted to keep their HIV secret. This was due to the fact that people in their community would blame and labeled them as a ‘disgusting person’. Besides, they would be separated from social contacts and networks, their individual rights would be disregarded, and their potential roles would be restricted. Although participants suggested that people had more positive view on HIV-infected person nowadays, all still wanted to keep it secret because of fear of stigma and discrimination. Thai health care has provided various kinds of support programs, but many mothers chose not to participate due to the fear of disclosure. However, the women attempted to seek some strategies to live a life which would be more acceptable by the community. We conclude that HIV is still seen as a stigmatised disease in rural community of southern Thailand. Local health care providers and relevant sectors in the locality should create suitable programs to enhance self-worth among those HIV-positive mothers because this could increase a quality of life of this vulnerable mothers. Providing sufficient and appropriate supports for better emotional wellbeing is an essential role of health professionals so that the feeling of isolation among these women could be eliminated and positive social justice can be achieved.Keywords: HIV-positive mothers, lived experience, southern Thailand, stigma and discrimination
Procedia PDF Downloads 187158 Farmers’ Perception and Response to Climate Change Across Agro-ecological Zones in Conflict-Ridden Communities in Cameroon
Authors: Lotsmart Fonjong
Abstract:
The livelihood of rural communities in the West African state of Cameroon, which is largely dictated by natural forces (rainfall, temperatures, and soil), is today threatened by climate change and armed conflict. This paper investigates the extent to which rural communities are aware of climate change, how their perceptions of changes across different agro-ecological zones have impacted farming practices, output, and lifestyles, on the one hand, and the extent to which local armed conflicts are confounding their efforts and adaptation abilities. The paper is based on a survey conducted among small farmers in selected localities within the forest and savanna ecological zones of the conflict-ridden Northwest and Southwest Cameroon. Attention is paid to farmers’ gender, scale, and type of farming. Farmers’ perception of/and response to climate change are analysed alongside local rainfall and temperature data and mobilization for climate justice. Findings highlight the fact that farmers’ perception generally corroborates local climatic data. Climatic instability has negatively affected farmers’ output, food prices, standards of living, and food security. However, the vulnerability of the population varies across ecological zones, gender, and crop types. While these factors also account for differences in local response and adaptation to climate change, ongoing armed conflicts in these regions have further complicated opportunities for climate-driven agricultural innovations, inputs, and exchange of information among farmers. This situation underlines how poor communities, as victims, are forced into many complex problems outsider their making. It is therefore important to mainstream farmers’ perceptions and differences into policy strategies that consider both climate change and Anglophone conflict as national security concerns foe sustainable development in Cameroon.Keywords: adaptation policies, climate change, conflict, small farmers, cameroon
Procedia PDF Downloads 156157 Caring and Sustainable Government: An Examination of Political Vision of Jeong Do-Jeon
Authors: Hyeon Sop Baek
Abstract:
This paper will briefly investigate Jeong Do-jeon’s political philosophy. Jeong Do-jeon was a Korean Confucian philosopher and politician during the turbulent 14th Century who revolted against the old order, founded Joseon Dynasty, and significantly impacted the development of Korean culture. Jeong’s vision of an ideal state involved a polity that has its roots in the people -that is, an ideal government prioritizes caring for the welfare of the people, respecting and attending to the diverse opinions and concerns of the people, and relies on the genuine, voluntary support of the people. With the neo-Confucian worldview in mind -that every human being has the equal potential to become a moral person- Jeong sought to create a world suitable for everybody to contribute to the decision-making procedure and be able to realize their potential fully. This paper will first examine his works and present a quick overview of his vision of the ideal government. Then, it will examine the Confucian virtues of ren (仁) and yi (義) and how they formulate the basis of his philosophy, and then discuss the central features of his vision of government: popular mandate, equity of wealth, promoting freedom of expression and political participation, and elevating caring disposition as the paramount quality of the political leaders. Furthermore, this paper aims to analyze the element of care inherent within his political philosophy, namely his view on the dynamics of power, nurturing the people, and noncoercive justice. Finally, a discussion on why his philosophy is still relevant in the contemporary context will be provided. Jeong’s view aimed at building a sustainable model of government, by proposing that the people should be the foundation of a state and that they need to be carefully nurtured so they can realize their inborn potential and continue to contribute to the sustenance of the world, is the focal point of Jeong’s philosophy. Just as he sought to rebuild his world following the turmoils of the 14th Century, his philosophy still has a substantial implication on how we should strive to rebuild our society today.Keywords: Korea, Confucianism, Jeong Do-jeon, Joseon, Korean philosophy, political philosophy
Procedia PDF Downloads 80156 Brand Tips of Thai Halal Products
Authors: Pibool Waijittragum
Abstract:
The purpose of this research is to analyze the marketing strategies of Thai Halal products which related to the way of life for Thai Muslims. The expected benefit is the marketing strategy for brand building process for Halal products in Thailand. 4 elements of marketing strategies which necessary for the brand identity creation is the research framework: Consists of Attributes, Benefits, Values and Personality. The research methodology was applied using qualitative and quantitative; 19 marketing experts with dynamic roles in Thai consumer products were interviewed. In addition, a field survey of 122 Thai Muslims selected from 175 Muslim communities in Bangkok was studied. Data analysis will be according to 5 categories of Thai Halal product: 1) Meat 2) Vegetable and Fruits 3) Instant foods and Garnishing ingredient 4) Beverages, desserts and snacks 5) Hygienic daily products; such as soap, shampoo and body lotion. The results will explain some suitable representation in the marketing strategies of Thai Halal products as are: 1) Benefit; the characteristics of the product with its benefit. Consumers will purchase this product with the reason of; it is beneficial nutrients product, there are no toxic or chemical residues. Fresh and clean materials 2) Attribute; the exterior images that attract to consumer. Consumers will purchase this product with the reason of; there is a standard proof mark, food and drug secure proof mark and Halal products mark. Packaging and its materials should be draw attention. Use an attractive graphic. Use outstanding images of product, material or ingredients. 3) Value; the value of products that affect to consumers perception; it is healthy products. Accumulate quality of life. It is a product of expertise, manufacturing of research result. Consumers are important. It’s sincere, honest and reliable to all. 4) Personality; reflection of consumers thought. The personality feedback to them after they were consumes this product; they are health care persons. They are the rational person, moral person, justice person and thoughtful person like a progressive thinking.Keywords: marketing strategies, product identity, branding, Thai Halal products
Procedia PDF Downloads 386155 Intellectual Property Rights and Health Rights: A Feasible Reform Proposal to Facilitate Access to Drugs in Developing Countries
Authors: M. G. Cattaneo
Abstract:
The non-effectiveness of certain codified human rights is particularly apparent with reference to the lack of access to essential drugs in developing countries, which represents a breach of the human right to receive adequate health assistance. This paper underlines the conflict and the legal contradictions between human rights, namely health rights, international Intellectual Property Rights, in particular patent law, as well as international trade law. The paper discusses the crucial links between R&D costs for innovation, patents and new medical drugs, with the goal of reformulating the hierarchies of priorities and of interests at stake in the international intellectual property (IP) law system. Different from what happens today, International patent law should be a legal instrument apt at rebalancing an axiological asymmetry between the (conflicting) needs at stake The core argument in the paper is the proposal of an alternative pathway, namely a feasible proposal for a patent law reform. IP laws tend to balance the benefits deriving from innovation with the costs of the provided monopoly, but since developing countries and industrialized countries are in completely different political and economic situations, it is necessary to (re)modulate such exchange according to the different needs. Based on this critical analysis, the paper puts forward a proposal, called Trading Time for Space (TTS), whereby a longer time for patent exclusive life in western countries (Time) is offered to the patent holder company, in exchange for the latter selling the medical drug at cost price in developing countries (Space). Accordingly, pharmaceutical companies should sell drugs in developing countries at the cost price, or alternatively grant a free license for the sale in such countries, without any royalties or fees. However, such social service shall be duly compensated. Therefore, the consideration for such a service shall be an extension of the temporal duration of the patent’s exclusive in the country of origin that will compensate the reduced profits caused by the supply at the price cost in developing countries.Keywords: global health, global justice, patent law reform, access to drugs
Procedia PDF Downloads 246154 Connecting Life and Learning: Transformative Learning to Increase Student Engagement
Authors: Kashi Raj Pandey
Abstract:
Transformative learning is a form of learning rooted in learners' life experiences and their inherent love for learning. It emphasizes the importance of incorporating students' everyday work through the use of learning diaries and reflective journals. It encourages learners to take a proactive role in their own improvement, fostering creativity and promoting informed discussions about the learning process. Reflecting on the personal experience with English language learning in a rural village in Nepal where rote memorization was the prevailing teaching method, this traditional approach hindered a deeper understanding of the language, prompting the author to recognize the need for more effective pedagogy. In this study, the author delved into the cultural contextualization of English language learning, taking into account learners' backgrounds. The study’s findings highlighted the importance of equity, inclusion, mutuality, and social justice in the classroom, emphasizing the significance of integrating students' lived experiences into the pedagogical approach. This, in turn, can encourage students to engage in profound and collaborative learning practices within the realm of English language education. Upon successfully implementing the research findings, including the eight key conditions of transformative learning, in multiple classrooms, the author collaborated with international educationists and government stakeholders in Nepal. The purpose was to disseminate the research findings, conduct teacher training workshops, and systematically enhance Nepali students’ English language learning. These methods have already demonstrated a significant improvement in student engagement within the same school where the author once learned English as a child. This study aims to explore teachers’ decision-making process regarding the transition from traditional teaching methods to interactive ones, which have gained national recognition within the ESL/EFL teaching community in Nepal. By sharing these experiences, it is expected that other teachers will also contemplate adopting transformative learning pedagogy in their own classrooms.Keywords: reflection, student engagement, pedagogy, transformative learning
Procedia PDF Downloads 80153 Youth Voices on Experiences of (Dis)Advantage: A Case Study at a South African University
Authors: Oliver T. Gore
Abstract:
Social inequalities and inequity of outcomes in higher education (HE) persist in South Africa despite the government introducing policy that seeks to address social injustices brought about by previous apartheid policies. In addressing these social injustices, HE policy conceptualises inequalities under the concept of historical ‘disadvantage’ which is understood to be primarily race-based. The study adds on to the existing knowledge on inequalities through developing the dimensions of (dis)advantage, which have the potential to inform the South African HE policy on providing equal opportunities amongst diverse students to participate and succeed in their studies. Drawing from the capabilities approach, this study argues that (dis)advantage can be richly understood in terms of students’ capabilities, functionings and agency as opposed to a sole focus on race. The study argues that limited freedoms, lack of effective opportunities, and reduced agency for students to turn university resources into real achievements such as personal development, economic skills and social responsibility amounts to disadvantage, while the converse is also true. The study draws from qualitative interview data with honours students, university staff and Student Representative Council members from five different university departments at one South African university. This presentation uses results from 20 students and reveals what their university experiences tell us regarding students’ unfreedoms in relation to: the inability to make decisions, poor schooling backgrounds, inadequate finances, emotional stress, lack of social support, inability to understand the language of instruction, lack of safe transport and accommodation issues. Despite these unfreedoms, the data shows that the students aspired and persevered with their studies. Using theory and empirical data in conversation, the paper shows that there is a need to nuance the definition of (dis)advantage, particularly by focusing on how different forms of disadvantage intersect with each other.Keywords: capabilities approach, (dis)advantage, higher education, social justice
Procedia PDF Downloads 140152 Procedures and Strategies in Translation: Two Marathi Translations of Train to Pakistan by Khushwant Singh
Authors: Manoj Gujar
Abstract:
The present paper is an attempt to interpret two Marathi translations of Khushwant Singh’s (1915-2014) novel Train to Pakistan (1956). The 20th century was branded as an era of Liberalization, Privatization and Globalization. Different countries and cultures have enunciated interaction with one another in an unprecedented manner. The world is becoming multilingual and multicultural. The democratic countries such as the U.S.A., the U.K., and India have become pivotal centers of interlingual and cross-cultural exchange. People belonging to different nationalities showed keen interest in knowing the characteristic features of different languages and of their cultures. Here, ‘Translation’ plays an important role in such multilingual and multicultural contexts. Translation is not only translation of a language but a translation of a culture. However, in the act of translation a translator makes use of such procedures as borrowing, definition, literal translation, substitution, lexical creation, omission, addition as well as their various combinations. To him, a text produced in one linguistic and cultural context can reach other linguistic and cultural contexts through these processes of translation. A worthy work of art appeals many readers. India, being a multilingual country we find that there goes multiple translations of the same text in different Indian languages. But sometimes, if can be found that a same text appeals to different ages and the same text gets translated into the same language by the two or more authors. In this reference, the present paper is an attempt to study how different translations of the same text differ in terms of procedures and strategies during the process of the translation of culture. The source text is Khushwant Singh’s historical novel Train to Pakistan (1956). The novel was widely appreciated and so translated into different regional languages in India. The novel has two Marathi translations: Agniratha (1972) by Hidayatkhan and Train to Pakistan (1980) by Anil Kinikar. This paper is an attempt to evaluate the strategies and procedures in translation to analyze these two Marathi translations. Hidayat Khan made a lot of omissions of the significant details and distorted the original text to a large extent, whereas, Anil Kinikar has done justice to the Source Text by rendering it in Marathi as faithfully as possible.Keywords: culture, multilingual, procedures and strategies, translation
Procedia PDF Downloads 378151 Human Capital Discourse and Higher Education Policy
Authors: Tien-Hui Chiang
Abstract:
Human capital discourse encourages many countries to expand the capacity of HEIs. Along with this expansion, the higher education system is redefined as a free market and in turn it is privatized and commercialized. However, the state’s role in education is to balance social justice and capital accumulation. This role is further regulated by a specific form of neoliberalism constituted by social contexts. These correlations call for exploring the influence of human capital discourse on interwoven issues, such as the state’s role in education, higher education policy, and employability. Method: According to the perspective of neoliberal governmentality, answers to the above four research questions are likely to be embedded within discourses in documents related to higher education policies. Consequently, this study adopts a qualitative approach by analyzing official documents, including government reports, official statistics, circulars and official statements. Documents were collected and subjected to content analysis, with a particular focus on the period from 2005 to 2021. The technique of content analysis was applied to decode keywords and core concepts of these documents. Findings: Neoliberalism is exerted through human capital discourse in China particularly in the changes in higher education policies moving from quantitative expansion to quality control via employment or employability. Such changes highlight that the principle of “n”eoliberalism is more suitable for illustrating the practice of free market logic in different social contexts. The modifications of neoliberalism adopted by the Chinese government reflect that the state’s mission is to secure social security or the common good, so that public managerialism - in the form of programs for employment, internship and entrepreneurship - is adopted in the name of the public interest and the collective mission. Public managerialism now is not only targeted towards social institutions but the population more generally, incarnated here by college graduates. Its practice is not only to renovate organizational cultures but to activate people’s commitment to national development.Keywords: employability, higher education expansion, neoliberalism, human capital discourse
Procedia PDF Downloads 78150 Studying Perceived Stigma, Economic System Justification and Social Mobility Beliefs of Socially Vulnerable (Poor) People: The Case of Georgia
Authors: Nazi Pharsadanishvili, Anastasia Kitiashvili
Abstract:
The importance of studying the social-psychological features of people living in poverty is often emphasized in international research. Building a multidimensional economic framework for reducing poverty grounded in people’s experiences and values is the main goal of famous Poverty Research Centers (such as Oxford Poverty and Human Development Initiative, Abdul Latif Jameel Poverty Action Lab). The aims of the proposed research are to investigate the following characteristics of socially vulnerable people living in Georgia: 1) The features of the perceived stigma of poverty; 2) economic system justification and social justice beliefs; 3) Perceived social mobility and actual attempts at upward social mobility. Qualitative research was conducted to address the indicated research goals and descriptive research questions. Conducting in-depth interviews was considered to be the most appropriate method to capture the vivid feelings and experiences of people living in poverty. 17 respondents (registered in the unified database of socially vulnerable families) participated in in-depth interviews. According to the research results, socially vulnerable people living in Georgia perceive stigma targeted toward them. Two sub-dimensions were identified in perceived stigma: experienced stigma and internalized stigma. Experienced stigma reflects the instances of being discriminated and perceptions of negative treatment from other members of society. Internalized stigma covers negative personal emotions, the feelings of shame, the fear of future stigmatization, and self-isolation. The attitudes and justifications of the existing economic system affect people’s attempts to cope with poverty. Complex analysis of those results is important during the planning and implementing of social welfare reforms. Particularly, it is important to implement poverty stigma reduction mechanisms and help socially vulnerable people to see real perspectives on upward social mobility.Keywords: coping with poverty, economic system justification, perceived stigma of poverty, upward social mobility
Procedia PDF Downloads 190149 The Liberal Tension of the Adversarial Criminal Procedure
Authors: Benjamin Newman
Abstract:
The picture of an adverse contest between two parties has often been used as an archetypal description of the Anglo-American adversarial criminal trial. However, in actuality, guilty pleas and plea-bargains have been dominating the procedure for over the last half-a-century. Characterised by two adverse parties, the court adjudicative system in the Anglo-American world adhere to the adversarial procedure, and while further features have been attributed and the values that are embedded within the procedure vary, it is a system that we have no adequate theory. Damaska had argued that the adversarial conflict-resolution mode of administration of justice stems from a liberal laissez-faire concept of a value neutral liberal state. Having said that, the court’s neutrality has been additionally rationalised in light of its liberal end as a safeguard from the state’s coercive force. Both conceptions of the court’s neutrality conflict in cases where the by-standing role disposes of its liberal duty in safeguarding the individual. Such is noticeable in plea bargains, where the defendant has the liberty to plead guilty, despite concerns over wrongful convictions and deprivation of liberty. It is an inner liberal tension within the notion of criminal adversarialism, between the laissez-faire mode which grants autonomy to the parties and the safeguarding liberal end of the trial. Langbein had asserted that the adversarial system is a criminal procedure for which we have no adequate theory, and it is by reference to political and moral theories that the research aims to articulate a normative account. The paper contemplates on the above liberal-tension, and by reference to Duff’s ‘calling-to-account’ theory, argues that autonomy is of inherent value to the criminal process, being considered a constitutive element in the process of being called to account. While the aspiration is that the defendant’s guilty plea should be genuine, the guilty-plea decision must be voluntary if it is to be considered a performative act of accountability. Thus, by valuing procedural autonomy as a necessary element within the criminal adjudicative process, it assimilates a liberal procedure, whilst maintaining the liberal end by holding the defendant to account.Keywords: liberal theory, adversarial criminal procedure, criminal law theory, liberal perfectionism, political liberalism
Procedia PDF Downloads 92148 The Ethical Healthcare Paradigm with in Corporate Framework: CSR for Equitable Access to Drugs
Authors: Abhay Vir Singh Kanwar
Abstract:
The pharmaceutical industry today is a multi-billion dollar business and yet disadvantages people in many corners of the globe who are still dying in large numbers from curable illnesses for lack of access to drugs. The astronomical prices of essential and life-saving drugs is not just an economic problem that can be settled through clever market strategies but is an ethical issue, given the accumulated wealth of today’s humanity and the sense of global justice that it increasingly comes to share. In this paper, I make a very practical argument for what I shall call ‘the ethical healthcare paradigm’, which, I propose, can replace the economistic paradigm that can still drive the healthcare sector without creating spillover effects on the market. Taking off from the ethical-philosophical argument for recognizing every individual’s right to capability to be healthy, I shall come to the focused practical proposal of the cost-rationalization and universal availability of essential, life-saving drugs through the undertaking of research and development funding for drug innovation by the business establishment as such in terms of the concept of CSR. The paper will first expose the concepts of basic and fundamental capabilities in relation to education and health, after which it will focus on the right to capability to be healthy of every person. In the third section, it will discuss the ‘ethical healthcare paradigm’ as opposed to the economistic health paradigm and will argue that the patient will have to be considered the primary stakeholder of this paradigm or the very ‘subject’ of healthcare. The next section will be on an ethical-historical critique of the pharmaceutical industry’s profit driven economism. The section after that will look at the business operation and the stages in the life cycle of a drug that comes to the market in order to understand the risks, strengths and problems of the pharmaceutical industry. Finally, the paper will discuss the concept of CSR in relation to the ethical healthcare paradigm in order to propose CSR funding in research and development for innovation on drugs so that life-saving drugs can be made available to every sick person cost-effectively.Keywords: capability approach, healthcare, CSR, patient
Procedia PDF Downloads 313147 Boundary Crossings: Brahmanical Patriarchy, Power, and Sexual Violence in COVID-19 in Odisha, India
Authors: Saraswati Suna
Abstract:
The outbreak of the COVID-19 epidemic and the subsequent lockdown have significantly impacted India's political, structural, and economic systems and a rising gap between the rich and the disadvantaged, upper and lower caste. For Dalit women, such forms of subjugation were followed by socioeconomic uncertainty due to the pandemic's economic shutdown and labour oppressions. Dalit women have been the victims of the most oppression among the nation's underprivileged groups. Dalit women undergo systemic oppression at the hands of the state, caste, class, gender, and religious hegemons historically. Dalit women hold a subordinate position within the gender to their male counterparts and caste to their upper-caste counterparts. This paper examines how Brahminical patriarchy and state power severely affected Dalit/Adivasi women during COVID-19 in Odisha, India. In order to understand caste-based sexual violence, a total of five cases have been analysed from newspapers. Findings revealed that Covid-19 appears to have a significant physical, psychological, and economic impact on Dalit women. The intention of sexual harassment and rape perpetrated by upper caste men is to maintain power and patriarchal culture in society. Dalit women are economically, socially, and culturally marginalised, which effectively exacerbates the sense of impunity by perpetrators of violence against Dalit women. This issue requires special attention to end atrocities against Dalit women. Dalit women become the target of rape, sexual assault, and murder. Sexual violence against Dalit women cannot be fully explained without linkage to caste, gender, and power. Dominant caste comes through caste privilege-socio-economic and politically; these factors contribute to sexual violence against Dalit women. The findings revealed that state police manipulate sexual violence, and in so doing, they create and deny access to both services to get justice. This article has argued that understanding Brahminical culture and the legal impacts of state police on Dalit women's identity requires a nuanced analysis.Keywords: COVID-19, dalit women, sexual violence, brahminical patriarchy, power
Procedia PDF Downloads 176146 Organizational Commitment in Islamic Boarding School: The Implementation of Organizational Behavior Integrative Model
Authors: Siswoyo Haryono
Abstract:
Purpose – The fundamental goal of this research is to see if the integrative organizational behavior model can be used effectively in Islamic boarding schools. This paper also seeks to assess the effect of Islamic organizational culture, leadership, and spiritual intelligence on teachers' organizational commitment to Islamic Boarding schools. The goal of the mediation analysis is to see if the Islamic work ethic has a more significant effect on the instructors' organizational commitment than the direct effects of Islamic organizational culture, leadership, and Islamic spiritual intelligence. Design/methodology/approach – A questionnaire survey was used to obtain data from teachers at Islamic Boarding Schools. This study used the AMOS technique for structural equation modeling to evaluate the expected direct effect. To test the hypothesized indirect effect, employed Sobel test. Findings – Islamic organizational culture, Islamic leadership, and Islamic spiritual intelligence significantly affect Islamic work ethic. When it comes to Islamic corporate culture, Islamic leadership, Islamic spiritual intelligence, and Islamic work ethics have a significant impact. The findings of the mediation study reveal that Islamic organizational culture, leadership, and spiritual intelligence influences organizational commitment through Islamic work ethic. The total effect analysis shows that the most effective path to increasing teachers’ organizational commitment is Islamic leadership - Islamic work ethic – organizational commitment. Originality/value – This study evaluates the Integrative Model of Organizational Behavior by Colquitt (2016) applied in Islamic Boarding School. The model consists of contemporary leadership and individual characteristic as the antecedent. The mediating variables of the model consist of individual mechanisms such as trust, justice, and ethic. Individual performance and organizational commitment are the model's outcomes. These variables, on the other hand, do not represent the Islamic viewpoint as a whole. As a result, this study aims to assess the role of Islamic principles in the model. The study employs reliability and validity tests to get reliable and valid measures. The findings revealed that the evaluation model is proven to improve organizational commitment at Islamic Boarding School.Keywords: Islamic leadership, Islamic spiritual intelligence, Islamic work ethic, organizational commitment, Islamic boarding school
Procedia PDF Downloads 161145 Maqasid and the Global Digital Economy Opportunities and Challenges for Business and Management
Authors: Yasser Mohamed Abdelrahman Tarshany
Abstract:
The emergence of the digital economy has transformed global business and created new opportunities for growth and development. However, as digital technologies continue to reshape the global economy, there is a growing need to ensure that these transformations are guided by ethical principles that serve the common good. In this context, Maqasid, the Islamic ethical framework that focuses on the higher objectives and values of Shariah, offers a valuable lens for examining the ethical implications of digital transformation. The research objective of this study is to explore the opportunities and challenges of integrating Maqasid into the global digital economy from a business and management perspective. Specifically, the study aims to analyze the ethical implications of digital technologies for the economy and to identify strategies for leveraging Maqasid to promote ethical and socially responsible practices in the digital age. The study adopts a qualitative research methodology, drawing on existing literature and empirical data to develop a conceptual framework for understanding the relationship between Maqasid and the global digital economy. The study also employs case studies and interviews with business leaders and policymakers to explore practical strategies for integrating Maqasid into digital business practices. The research findings reveal that Maqasid can serve as a powerful framework for promoting ethical and socially responsible practices in the digital economy. Specifically, the study identifies several key strategies for leveraging Maqasid in digital business practices, including promoting social justice, protecting privacy and personal data, and ensuring transparency and accountability in business operations. The research outcomes of this study provide a valuable contribution to the field of business and management by demonstrating the importance of integrating ethical principles into the digital economy. Furthermore, the study highlights the potential of Maqasid as a powerful framework for promoting ethical and socially responsible practices in the digital age. Finally, the study suggests several avenues for future research, including exploring the role of Maqasid in promoting digital inclusion and reducing inequality in the global economy.Keywords: Maqasid, global digital, economy, opportunities, challenges for business, management
Procedia PDF Downloads 14144 Effective, Affordable, and Accessible Treatment for Pregnancy’s Commonest Complication: Online Synchronous Interpersonal Psychotherapy for Mothers with Postpartum Depression
Authors: Vivian Polak, Lena Verdeli, Wendy Lou, Caroline Lovett
Abstract:
Postnatal depression (PND) is a common complication of childbirth that increases the risk of future depressive episodes in women, postpartum depression in partners, as well as social, emotional, behavioural, language, and cognitive problems in offspring. Although psychotherapy, and in particular Group Interpersonal Psychotherapy (IPT-G), has been proven effective in treating PND, it remains largely inaccessible. However, research has indicated that online synchronous group therapy can be equally as effective as in-person therapy and is a more affordable and accessible modality of treatment. This study aimed to ascertain whether delivering IPT-G virtually when compared to treatment as usual, could more effectively reduce depressive and anxiety symptoms, enhance mother-infant attachment, improve the couple relationship, augment social support, improve overall functioning, and enhance the quality of life for women in rural and northern Ontario who are suffering from PND. By bridging the gap in access to mental health services during the postpartum period, this study seeks to improve the well-being of mothers and their families in rural and northern Ontario, Canada. A randomized controlled trial was conducted to determine whether virtual IPT-G plus treatment as usual would be more effective than treatment as usual alone in treating women with PND in Ontario, Canada. Preliminary results indicate that women who received virtual IPT-G had a clinically and statistically significant decrease in overall depressive symptoms compared to their counterparts who received only the treatment as usual. As such, providing online synchronous IPT-G in the perinatal period not only has the potential to improve women's outcomes in the present but also to decrease future health costs, reduce the burden on the educational and justice systems, and decrease the number of disability life years lost to postnatal depression.Keywords: family wellbeing, group psychotherapy, interpersonal psychotherapy, postnatal depression, virtual psychotherapy
Procedia PDF Downloads 68143 An Empirical Study of Shariah Legitimacy of Islamic Banking Operations in Pakistan
Authors: Muhammad Khaleequzzaman, Muhammad Mansoori, Abdul Rashid
Abstract:
The legitimacy of Islamic banking refers to the compliance with the precepts of Shariah (Islamic law) of the pronouncements and their implementation, requisites of various contracts, as well as, observance of the welfare objectives. Therefore, the Islamic banks are supposed to follow the Islamic values focused to bring benefit to the society alongside the commercial motive. These distinguishing features establish identity of the Islamic banks separate from their conventional counterparts and require pursuing normative values of Islamic injunctions instead of profit maximization merely through commercial motive. Given this, the efficiency of the Islamic banks should be evaluated against the value judgements prescribed by the Islamic economic philosophy and their role in establishing the just economy. Nevertheless, the empirical evidence on such value-oriented role of Islamic banking is limited that is filled by this research. The primary focus of the research is two folds; developing a theoretical framework that affords a holistic approach of Shariah legitimacy of Islamic banking practices, including welfare pursuits in addition to the usual compliance mechanism, to help evaluating legitimacy of Islamic banking practices in Pakistan. Therefore, the research has been commissioned by developing the constructs of Shariah legitimacy through extensive review of the relevant literature. At the same time, the empirical analysis based on the opinion of 836 customers of Islamic and conventional banks in all the four provinces and the capital city of Pakistan has produced important conclusions regarding their perception about legitimacy of the Islamic banking practices. The results have helped to know as to how the legitimacy through Shariah perspective is viewed by them. The data analysis using various statistical techniques has yielded results consistent with the objectives of the study. The key findings of the theoretical framework conclude that the value judgements have been grossly ignored by the Islamic banks. The empirical research achieves that about half of the customers perceived Islamic banking as Shariah legitimate. On overall basis, the other half viewed contrary to this or preferred to remain indifferent. There is a need that Islamic banks should look into the desired goals of Shariah legitimacy in both contexts; the value judgement and the perception of the customers.Keywords: Islamic banking, Shariah legitimacy, Maqasid al Shariah (higher purposes of the lawgiver), value judgment, distributive justice
Procedia PDF Downloads 411142 Representations of Race and Social Movement Strategies in the US
Authors: Lee Artz
Abstract:
Based on content analyses of major US media, immediately following the George Floyd killing in May 2020, some mayors and local, state, and national officials offered favorable representations of protests against police violence. As the protest movement grew to historic proportions with 26 million joining actions in large cities and small towns, dominant representations of racism by elected officials and leading media shifted—replacing both the voices and demands of protestors with representations by elected officials. Major media quoted Black mayors and Congressional representatives who emphasized concerns about looting and the disruption of public safety. Media coverage privileged elected officials who criticized movement demands for defunding police and deplored isolated instances of property damaged by protestors. Subsequently, public opinion polls saw an increase in concern for law and order tropes and a decrease in support for protests against police violence. Black Lives Matter and local organizations had no coordinated response and no effective means of communication to counter dominant representations voiced by politicians and globally disseminated by major media. Politician and media-instigated public opinion shifts indicate that social movements need their own means of communication and collective decision-making--both of which were largely missing from Black Lives Matter leaders, leading to disaffection and a political split by more than 20 local affiliates. By itself, social media by myriad individuals and groups had limited purchase as a means for social movement communication and organization. Lacking a collaborative, coordinated strategy, organization, and independent media, the loose network of Black Lives Matter groups was unable to offer more accurate, democratic, and favorable representations of protests and their demands for more justice and equality. The fight for equality was diverted by the fight for representation.Keywords: black lives matter, public opinion, racism, representations, social movements
Procedia PDF Downloads 179141 Bridging Cultures in Distance Education: A Confluence of Critical Pedagogy of Place and Indigenous Education Philosophy (Case-Study Reference in Fiji and Vanuatu)
Authors: Dan Frederick Orcherton
Abstract:
This research explores the fusion of "Critical Pedagogy of Place" and "Indigenous Education Philosophy" to create a holistic pedagogical framework within Instructional Theory, focusing on its application in Distance Education, specifically within two Pacific Island cultures. The study's objectives included investigating culturally relevant instructional techniques, strategies, and technologies for the Itaukei (Indigenous Fijian) and ni-Vanuatu cultures, enhancing appreciation for culturally sensitive pedagogical methods. Methodologically, a qualitative inquiry phenomenological approach was employed within a constructivist paradigm, utilizing a comprehensive qualitative scoping review and online literature search. Key findings include the prioritization of cultural inclusivity and indigenous knowledge integration in both indigenous education philosophies and various instructional approaches. Learner-centered methods like constructivist andragogy and the learning cycle are applicable and effective in distance education within these cultures, aligning with indigenous learners' values and preferences. Place-based education and critical pedagogy of place are particularly pertinent, fostering a deeper connection between education, local environments, and social justice. Integrating digital technologies in culturally responsive education bridges geographical gaps and preserves cultural knowledge. Lastly, blending Western and Indigenous Science, influenced by a Two-Eyed Seeing approach, informs pedagogy by combining Western and Indigenous Science. This research underscores the importance of acknowledging cultural diversity and respecting indigenous knowledge in distance education. It highlights the value of learner-centered approaches, place-based education, and technology integration. The study enriches the educational experience within the Itaukei and niVanuatu cultures and provides insights for educators and policymakers aiming to bridge cultural gaps in distance education.Keywords: critical pedegory of place, Itaukei (indigenous Fijian) and ni-Vanuatu cultures, placed-based education, indigenous knowledge, distance education
Procedia PDF Downloads 16140 The Urgenda and Juliana Cases: Redefining the Notion of Environmental Democracy
Authors: Valentina Dotto
Abstract:
Climate change cases used to take the form of statutory disputes rather than constitutional or common law disputes. This changed in 2015, with the Urgenda Climate case in the Netherlands (Urgenda Foundation v. The State of the Netherlands, C/09/456689/HAZA 13-1396) and, the Juliana case in the U.S. (United States v. U.S. District Court for District of Oregon, 17-71692, 9th Cir.). The two cases represent a new type of climate litigation, the claims brought against the federal government were in fact grounded in constitutional rights. The complaints used the Doctrine of Public Trust as a cornerstone for the lawsuits asserting that government's actions against climate change failed to protect essential public trust resources; thus, violating a generation's constitutional rights to life, liberty, and property. The Public Trust Doctrine –a quintessentially American legal concept-, reserved to the States by virtue of the 9th and 10th amendment of the federal Constitution, gives them considerable jurisdiction over natural resources and has been refined by a number of Supreme Court rulings. The Juliana case exemplifies the Doctrine’s evolutionary nature because it attempts to apply it to the federal government, and establish a right to a climate system capable of sustaining human life as a fundamental right protected by a substantive due process. Furthermore, the flexibility of the Doctrine makes it permissible to be applied to a variety of different legal systems as in the Urgenda case. At the very heart of the lawsuits stands the question of who owns the Earth resources and, to what extent the general public can claim the services that the Earth provides as common property. By employing the widest possible definition of the Doctrine of Public Trust these lawsuits tried to redefine environmental resources as a collective right of all people. By doing case analysis, the paper explores how these cases can contribute to widening the public access to information and broadening the public voice in decision making as well as providing a precedent to equal access in seeking justice and redress from environmental failures.Keywords: climate change, doctrine of public trust, environmental democracy, Juliana case, Urgenda climate case
Procedia PDF Downloads 174