Search results for: criminal law norms
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 1075

Search results for: criminal law norms

415 An Exploratory Study on the Difference between Online and Offline Conformity Behavior among Chinese College Students

Authors: Xinyue Ma, Dishen Zhang, Yijun Liu, Yutian Jiang, Huiyan Yu, Chufeng Gu

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Conformity is defined as one in a social group changing his or her behavior to match the others’ behavior in the group. It is used to find that people show a higher level of online conformity behavior than offline. However, as anonymity can decrease the level of online conformity behavior, the difference between online and offline conformity behavior among Chinese college students still needs to be tested. In this study, college students (N = 60) have been randomly assigned into three groups: control group, offline experimental group, and online experimental group. Through comparing the results of offline experimental group and online experimental group with the Mann-Whitney U test, this study verified the results of Asch’s experiment, and found out that people show a lower level of online conformity behavior than offline, which contradicted the previous finding found in China. These results can be used to explain why some people make a lot of vicious remarks and radical ideas on the Internet but perform normally in their real life: the anonymity of the network makes the online group pressure less than offline, so people are less likely to conform to social norms and public opinions on the Internet. What is more, these results support the importance and relevance of online voting, because fewer online group pressures make it easier for people to expose their true ideas, thus gathering more comprehensive and truthful views and opinions.

Keywords: anonymity, Asch’s group conformity, Chinese college students, online conformity

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414 International Humanitarian Law and the Challenges of New Technologies of Warfare

Authors: Uche A. Nnawulezi

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Undoubtedly, despite all efforts made to achieve overall peace through the application of the principles of international humanitarian law, crimes against mankind which are of unprecedented concern to the whole world have remained unabated. The fall back on war as a technique for settling disputes between nations, individuals, countries and ethnic groups with accompanying toll of deaths and destruction of properties have remained a conspicuous component of human history. Indeed, to control this conduct of warfare and the dehumanization of individuals, a body of law aimed at regulating the impacts of conflicts and hostilities in the theater of war has become necessary. Thus, it is to examine the conditions in which international humanitarian law will apply and also to determine the extent of the challenges of new progressions of warfare that this study is undertaken. All through this examination, we grasped doctrinal approach wherein we used text books, journals, international materials and supposition of law specialists in the field of international humanitarian law. This paper shall examine the distinctive factors responsible for the rebelliousness to the rules of International Humanitarian Law and furthermore, shall proffer possible courses of action that will address the challenges of new technologies of warfare all over the world. Essentially, the basic proposals made in this paper if totally utilized may go far in ensuring a sufficient standard in the application of the rules of international humanitarian law as it relates to an increasingly frequent phenomenon of contemporary developments in technologies of warfare which has in recent past, made it more difficult for the most ideal application of the rules of international humanitarian law. This paper deduces that for a sustainable global peace to be achieved, the rules of International Humanitarian Law as it relates to the utilization of new technologies of warfare should be completely clung to and should be made a strict liability offense. Likewise, this paper further recommends the introduction of domestic criminal law punishment of serious contraventions of the rules of international humanitarian law.

Keywords: international, humanitarian law, new technologies, warfare

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413 The Effect of Theory of Mind Training on Adolescents with Low Social Cognition and Eudaimonic Well-Being

Authors: Leema Jacob

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The concept of psychological well-being is complex and has familiar use not only in psychology but also in the area of lifespan development. Eudaimonic well-being is finding a purpose and meaning in life, and this depends on both the individual and society, especially during adolescence; the social-cognitive environment can be decisive. The social environment of adolescents, including family, school, and friends, is recognized as an essential context for successful human life. The development of mature social relationships is also undoubtedly important. Theory of Mind is an emerging domain in cognitive neuroscience that involves the ability to attribute mental states to oneself and others. ToM skills training constitutes a new aspect of the adolescent’s social development, including four domains: cognitive ToM, affective ToM, and an inter-intra-personal understanding of social norms. Still, little effort has been made to promote this training as a modality to foster their psychological well-being. This study aims to use the eudaimonic approach to evaluate psychological well-being with a quasi-experimental research design (pre-post-test). The major objective of the study was to identify the effect of ToM skills training on the eudaimonic well-being of adolescents with low social cognition. The data was analyzed to find their effect size from a sample of 74 adolescents from India between 17 and 19 years old. The result revealed that ToM skills training has a positive outcome on the well-being of adolescents post-training. The results are discussed based on the effect of ToM skills training on psychological well-being during adolescence, as well as on the importance of focusing on mental health as a developmental asset that can potentially influence mental well-being in the future.

Keywords: ToM training, adolescents, eudaimonic well-being, social cognition

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412 Exploring the Intricate Microbiology of Street Cuisine: Delving into Potential Dangers in Order to Enhance Safety and Quality

Authors: Raana Babadi Fathipour

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Street foods hold a significant place in the tapestry of socioeconomic and cultural norms, beloved across the globe. Serving as a convenient and affordable option for city dwellers seeking nourishment, these culinary delights also serve as a vital source of income for vendors, particularly women. Additionally, street food acts as a mirror reflecting traditional local customs and practices, an element that draws tourists to experience the authenticity of a culture firsthand. Despite its many virtues, concerns have emerged regarding the microbiological safety of street food worldwide. Often prepared and sold in subpar conditions without proper oversight or regulation, street food has become synonymous with potential health risks. The presence of elevated levels of fecal indicator bacteria and various pathogens in these unregulated delicacies further perpetuates anxieties surrounding their consumption. This analysis delves into the intricate microbiological intricacies inherent in street food, shedding light on the pertinent safety concerns and prevalent pathogens. Additionally, it elaborates on the worldwide standing of this vital economic endeavor. Moreover, it advocates for the adoption of molecular detection techniques over conventional culture-based methods to gain a more comprehensive grasp of the true microbial risks posed by street cuisine. Acknowledgment marks the initial step towards resolving any given issue.

Keywords: foodborne pathogens, microbiological safety, street food, viruses

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411 reconceptualizing the place of empire in european women’s travel writing through the lens of iberian texts

Authors: Gayle Nunley

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Between the mid-nineteenth and early twentieth century, a number of Western European women broke with gender norms of their time and undertook to write and publish accounts of their own international journeys. In addition to contributing to their contemporaries’ progressive reimagining of the space and place of female experience within the public sphere, these often orientalism-tinged texts have come to provide key source material for the analysis of gendered voice in the narration of Empire, particularly with regard to works associated with Europe’s then-ascendant imperial powers, Britain and France. Incorporation of contemporaneous writings from the once-dominant Empires of Iberian Europe introduces an important additional lens onto this process. By bringing to bear geographic notions of placedness together with discourse analysis, the examination of works by Iberian Europe’s female travelers in conjunction with those of their more celebrated Northern European peers reveals a pervasive pattern of conjoined belonging and displacement traceable throughout the broader corpus, while also underscoring the insufficiency of binary paradigms of gendered voice. The re-situating of women travelers’ participation in the European imperial project to include voices from the Iberian south creates a more robust understanding of these writers’ complex, and often unexpectedly modern, engagement with notions of gender, mobility, ‘otherness’ and contact-zone encounter acted out both within and against the imperial paradigm.

Keywords: colonialism, orientalism, Spain, travel writing, women travelers

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410 Border Between the Violation of Dental Ethics and the Occurrence of Dental Malpractice

Authors: Saimir Heta, Rialda Xhizdari, Kers Kapaj, Ilma Robo

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Background: The interests of both individuals involved, both the dentist with his professionalism, and the patient who claims and expects the proper professional dental service, are determined in cases of dental malpractice. The latter is a phenomenon that is also wearing the "cloak" of bilateral manipulations, which in themselves require strong legal control to regulate the relations between the involved parties. The two individuals are involved both individually and even professionally and emotionally, with support in the "ultimate" interests of the two people, which in the case of conflicts or grievances, which as a result are transported to the family or society of the affected individual. Main text: The reason for malpractice is the most difficult part to find and then to interpret. It can be professional in the view of "so much I know how to do, so much done", or in the view of the impossibility of individual health conditions to achieve high professional expectations. But, the reason can also be individual with the intention of doing bad without reason or with the source of an unhealthy mind and the source of malicious thinking. The professional himself is a human being and as such may be under the effect of individual treatments or vices, therefore causing misuse, a case that must be distinguished from intentional misuse and which must be judged for the results or damages caused by the professional based on criminal law. Conclusions: Malpractice in some cases may be unavoidable, beyond the good intention of the dental intervention, which should be well understood by both parties involved in this relationship. Malpractice is not necessarily related only to difficult clinical cases, but sometimes also appears as a random deviation of a dental treatment with a welldefined professional protocol. The legal support in the interpretation of malpractice cases should be much more specific according to previous cases, this practice specifically, perhaps also according to different religious states.

Keywords: dental ethics, malpractice, professional dental service, legal support

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409 The Impact of Regulatory Changes on the Development of Mobile Medical Apps

Authors: M. McHugh, D. Lillis

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Mobile applications are being used to perform a wide variety of tasks in day-to-day life, ranging from checking email to controlling your home heating. Application developers have recognized the potential to transform a smart device into a medical device, by using a mobile medical application i.e. a mobile phone or a tablet. When initially conceived these mobile medical applications performed basic functions e.g. BMI calculator, accessing reference material etc.; however, increasing complexity offers clinicians and patients a range of functionality. As this complexity and functionality increases, so too does the potential risk associated with using such an application. Examples include any applications that provide the ability to inflate and deflate blood pressure cuffs, as well as applications that use patient-specific parameters and calculate dosage or create a dosage plan for radiation therapy. If an unapproved mobile medical application is marketed by a medical device organization, then they face significant penalties such as receiving an FDA warning letter to cease the prohibited activity, fines and possibility of facing a criminal conviction. Regulatory bodies have finalized guidance intended for mobile application developers to establish if their applications are subject to regulatory scrutiny. However, regulatory controls appear contradictory with the approaches taken by mobile application developers who generally work with short development cycles and very little documentation and as such, there is the potential to stifle further improvements due to these regulations. The research presented as part of this paper details how by adopting development techniques, such as agile software development, mobile medical application developers can meet regulatory requirements whilst still fostering innovation.

Keywords: agile, applications, FDA, medical, mobile, regulations, software engineering, standards

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408 Role of Collaborative Cultural Model to Step on Cleaner Energy: A Case of Kathmandu City Core

Authors: Bindu Shrestha, Sudarshan R. Tiwari, Sushil B. Bajracharya

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Urban household cooking fuel choice is highly influenced by human behavior and energy culture parameters such as cognitive norms, material culture and practices. Although these parameters have a leading role in Kathmandu for cleaner households, they are not incorporated in the city’s energy policy. This paper aims to identify trade-offs to transform resident behavior in cooking pattern towards cleaner technology from the questionnaire survey, observation, mapping, interview, and quantitative analysis. The analysis recommends implementing a Collaborative Cultural Model (CCM) for changing impact on the neighborhood from the policy level. The results showed that each household produces 439.56 kg of carbon emission each year and 20 percent used unclean technology due to low-income level. Residents who used liquefied petroleum gas (LPG) as their cooking fuel suffered from an energy crisis every year that has created fuel hoarding, which ultimately creates more energy demand and carbon exposure. In conclusion, the carbon emission can be reduced by improving the residents’ energy consumption culture. It recommended the city to use holistic action of changing habits as soft power of collaboration in two-way participation approach within residents, private sectors, and government to change their energy culture and behavior in policy level.

Keywords: energy consumption pattern, collaborative cultural model, energy culture, fuel stacking

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407 Geospatial Techniques and VHR Imagery Use for Identification and Classification of Slums in Gujrat City, Pakistan

Authors: Muhammad Ameer Nawaz Akram

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The 21st century has been revealed that many individuals around the world are living in urban settlements than in rural zones. The evolution of numerous cities in emerging and newly developed countries is accompanied by the rise of slums. The precise definition of a slum varies countries to countries, but the universal harmony is that slums are dilapidated settlements facing severe poverty and have lacked access to sanitation, water, electricity, good living styles, and land tenure. The slum settlements always vary in unique patterns within and among the countries and cities. The core objective of this study is the spatial identification and classification of slums in Gujrat city Pakistan from very high-resolution GeoEye-1 (0.41m) satellite imagery. Slums were first identified using GPS for sample site identification and ground-truthing; through this process, 425 slums were identified. Then Object-Oriented Analysis (OOA) was applied to classify slums on digital image. Spatial analysis softwares, e.g., ArcGIS 10.3, Erdas Imagine 9.3, and Envi 5.1, were used for processing data and performing the analysis. Results show that OOA provides up to 90% accuracy for the identification of slums. Jalal Cheema and Allah Ho colonies are severely affected by slum settlements. The ratio of criminal activities is also higher here than in other areas. Slums are increasing with the passage of time in urban areas, and they will be like a hazardous problem in coming future. So now, the executive bodies need to make effective policies and move towards the amelioration process of the city.

Keywords: slums, GPS, satellite imagery, object oriented analysis, zonal change detection

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406 Facilitators and Barriers of Family Resilience in Cancer Patients Based on the Theoretical Domains Framework: An Integrative Review

Authors: Jiang Yuqi

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Aims: The aim is to analyze the facilitators and barriers of family resilience in cancer patients based on the theoretical domain framework, provide a basis for intervention in the family resilience of cancer patients, and identify the progress and enlightenment of existing intervention projects. Methods: NVivo software was used to code the influencing factors using the framework of 14 theoretical domains as primary nodes; secondary nodes were then refined using thematic analysis, and specific influencing factors were aggregated and analyzed for evaluator reliability. Data sources: PubMed, Embase, CINAHL, Web of Science, Cochrane Library, MEDLINE, CNKI, and Wanfang (search dates: from construction to November 2023). Results: A total of 35 papers were included, with 142 coding points across 14 theoretical domains and 38 secondary nodes. The three most relevant theoretical domains are social influences (norms), the environment and resources, and emotions (mood). The factors with the greatest impact were family support, mood, confidence and beliefs, external support, quality of life, economic circumstances, family adaptation, coping styles with illness, and management. Conclusion: The factors influencing family resilience in cancer patients cover most of the theoretical domains in the Theoretical Domains Framework and are cross-cutting, multi-sourced, and complex. Further in-depth exploration of the key factors influencing family resilience is necessary to provide a basis for intervention research.

Keywords: cancer, survivors, family resilience, theoretical domains framework, literature review

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405 Twitter Ego Networks and the Capital Markets: A Social Network Analysis Perspective of Market Reactions to Earnings Announcement Events

Authors: Gregory D. Saxton

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Networks are everywhere: lunch ties among co-workers, golfing partnerships among employees, interlocking board-of-director connections, Facebook friendship ties, etc. Each network varies in terms of its structure -its size, how inter-connected network members are, and the prevalence of sub-groups and cliques. At the same time, within any given network, some network members will have a more important, more central position on account of their greater number of connections or their capacity as “bridges” connecting members of different network cliques. The logic of network structure and position is at the heart of what is known as social network analysis, and this paper applies this logic to the study of the stock market. Using an array of data analytics and machine learning tools, this study will examine 17 million Twitter messages discussing the stocks of the firms in the S&P 1,500 index in 2018. Each of these 1,500 stocks has a distinct Twitter discussion network that varies in terms of core network characteristics such as size, density, influence, norms and values, level of activity, and embedded resources. The study’s core proposition is that the ultimate effect of any market-relevant information is contingent on the characteristics of the network through which it flows. To test this proposition, this study operationalizes each of the core network characteristics and examines their influence on market reactions to 2018 quarterly earnings announcement events.

Keywords: data analytics, investor-to-investor communication, social network analysis, Twitter

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404 Combining the Noble Values of Traditional Architecture on Modern Architecture

Authors: Dwi Retno Sri Ambarwati

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Recently, the traditional architecture were getting lost, replaced by modern architecture. The existence of many traditional houses often changing the function and change the values in an effort to adjust to the modern lifestyle, whereas the spiritual background of traditional architectural design is very specific and be the basis for consideration in the construction of the building, both in terms of determining the location of the building, the direction toward building, the spatial pattern and organization of space, zoning, hierarchical space, building form, ornamentation, the selection of building materials, and so on. The changes in function and form will transformed the spiritual values contained in it, because the architecture affects human behavior and reflects the culture. The traditional architecture views the architecture as a concept that has different tendencies in terms of orientation, shape, and attitude toward nature that tends to harmony with the social environment and local culture. The concept of the spirit of place made the architecture looks familiar, not arrogant and give a positive value to the surrounding environment. Every culture has a traditional architecture that full of spiritual values, although in the simplest form. Humans can learn about human values and local wisdom through the positive values that contained in traditional architecture, the desire to balance themselves with nature and the environment, not overbearing, strict adherence to the prevailing norms, openness in public life and intimacy family life that form a harmonious in life. The great and the wise value of traditional architecture should be revived in modern architecture that tends to ignore the spiritual values and more concerned with the functional and aesthetic pleasure, by combining the noble values of traditional architecture into modern architecture.

Keywords: architecture, combining noble values, local wisdom, traditional architecture

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403 The Test of Memory Malingering and Offence Severity

Authors: Kenji Gwee

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In Singapore, the death penalty remains in active use for murder and drug trafficking of controlled drugs such as heroin. As such, the psychological assessment of defendants can often be of high stakes. The Test of Memory Malingering (TOMM) is employed by government psychologists to determine the degree of effort invested by defendants, which in turn inform on the veracity of overall psychological findings that can invariably determine the life and death of defendants. The purpose of this study was to find out if defendants facing the death penalty were more likely to invest less effort during psychological assessment (to fake bad in hopes of escaping the death sentence) compared to defendants facing lesser penalties. An archival search of all forensic cases assessed in 2012-2013 by Singapore’s designated forensic psychiatric facility yielded 186 defendants’ TOMM scores. Offence severity, coded into 6 rank-ordered categories, was analyzed in a one-way ANOVA with TOMM score as the dependent variable. There was a statistically significant difference (F(5,87) = 2.473, p = 0.038). A Tukey post-hoc test with Bonferroni correction revealed that defendants facing lower charges (Theft, shoplifting, criminal breach of trust) invested less test-taking effort (TOMM = 37.4±12.3, p = 0.033) compared to those facing the death penalty (TOMM = 46.2±8.1). The surprising finding that those facing death penalties actually invested more test taking effort than those facing relatively minor charges could be due to higher levels of cooperation when faced with death. Alternatively, other legal avenues to escape the death sentence may have been preferred over the mitigatory chance of a psychiatric defence.

Keywords: capital sentencing, offence severity, Singapore, Test of Memory Malingering

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402 Jurisprudential Terms of Istiḥālah (Transformation) in Cosmetic Products (An Analytical Study)

Authors: Hassan Sher

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God has made this world with all of his essences and beautified it with his countless blessings. In Islam, no doubt, beauty is a very important characteristic but also an aspect of the body and the heart. In a world where the standards of beauty seem to change from year to year according to trends and norms. Moreover, in this world, many people want to look good and feel satisfied and will be willing to go through many ways for their ideal look. likewise, several products came into use for beautifying, cleansing, and promoting attractiveness. These products include components of cosmetics, they are utilized for health and beauty purposes. There are concerns regarding the existence of harmful or ḥarām chemicals, but With the advancement in (technology), it results in the transformation of unlawful and forbidden cosmetic products into permissible several new ingredients and products. The process of transforming certain items or products from one form to another, Muslim jurists tend to use terms like Istiḥālah (transformation).Istiḥālah is an Islamic principle unknown to many Muslims. LinguisticallyIstiḥālah carries the meaning of a transformation or a change in the nature of a thing into something else.According to the religious contact, Istiḥālah signifies a turning of a matter from a state of impurity or inedibility into a matter of different nature, name, properties, and characteristics (colour, taste, and smell) (Zuhayli, 1997). This principle, which is unanimously accepted by Muslim scholars, are breaths of fresh air to Muslims suffering from the suffocation of excessive prohibition. This will allow the invention to be utilized fully. This research tends to highlight the different ideological concepts of Istiḥālah from the perspective of Islamic Shariah and jurisprudence and its application in cosmetic products. However, the study focuses on the issues related to alcohol and pig ingredients in beauty products.

Keywords: istiḥālah. harām, jurisprudence, cosmetic, pig

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401 Identifying Issues of Corporate Governance and the Effect on Organizational Performance

Authors: Abiodun Oluwaseun Ibude

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Every now and then we hear of companies closing down their operations due to unethical practices like an overstatement of company’s balance sheet, concealing company’s debt, embezzlement of company’s fund, declaring false profit and so on. This has led to the liquidation of companies and the loss of investments of shareholders as well as the interest of other stakeholders. As a result of these ugly trends, there is need to put in place a formidable mechanism that will ensure that business activities are conducted in a healthy manner. It should also promote good ethics as well as ensure that the interest of stakeholders and the objectives of any organization is achieved within the confines of the law; wherein law exists to provide criminal penalties for falsification of documents and for conducting other irregularities. Based on the foregoing, it becomes imperative to ensure that steps are taken to stop this menace and face the challenges ahead. This calls for the practice of good governance. The purpose of this study is to identify various components of corporate governance and determine the impact of it on the performance of established organizations. A survey method with the use of questionnaire was applied in collecting data useful for this study which were later analyzed using correlation co-efficiency statistical tools in generating finding, making a conclusion, and necessary recommendation. From the research conducted, it was discovered that there are systems within organizations apart from regulatory agencies that ensure effective control of activities, promote accountability, and operational efficiency. However, some members of organizations fail to explore the usage of corporate governance and impact negatively of an organization’s performance. In conclusion, good corporate governance will not be achieved unless there is openness, honesty, transparency, accountability, and fairness.

Keywords: corporate governance, formidable mechanism, company’s balance sheet, stakeholders

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400 Igbo Art: A Reflection of the Igbo’s Visual Culture

Authors: David Osa-Egonwa

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Visual culture is the expression of the norms and social behavior of a society in visual images. A reflection simply shows you how you look when you stand before a mirror, a clear water or stream. The mirror does not alter, improve or distort your original appearance, neither does it show you a caricature of what stands before it, this is the case with visual images created by a tribe or society. The ‘uli’ is hand drawn body design done on Igbo women and speaks of a culture of body adornment which is a practice that is appreciated by that tribe. The use of pattern of the gliding python snake ‘ije eke’ or ‘ijeagwo’ for wall painting speaks of the Igbo culture as one that appreciates wall paintings based on these patterns. Modern life came and brought a lot of change to the Igbo-speaking people of Nigeria. Change cloaked in the garment of Westernization has influenced the culture of the Igbos. This has resulted in a problem which is a break in the cultural practice that has also affected art produced by the Igbos. Before the colonial masters arrived and changed the established culture practiced by the Igbos, visual images were created that retained the culture of this people. To bring this point to limelight, this paper has adopted a historical method. A large number of works produced during pre and post-colonial era which range from sculptural pieces, paintings and other artifacts, just to mention a few, were studied carefully and it was discovered that the visual images hold the culture or aspects of the culture of the Igbos in their renditions and can rightly serve as a mirror of the Igbo visual culture.

Keywords: artistic renditions, historical method, Igbo visual culture, changes

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399 Official Secrecy and Confidentiality in Tax Administration and Its Impact on Right to Access Information: Nigerian Perspectives

Authors: Kareem Adedokun

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Official secrecy is one of the colonial vestiges which upholds non – disclosure of essential information for public consumption. Information, though an indispensable tool in tax administration, is not to be divulged by any person in an official duty of the revenue agency. As a matter o fact, the Federal Inland Revenue Service (Establishment) Act, 2007 emphasizes secrecy and confidentiality in dealing with tax payer’s document, information, returns and assessment in a manner reminiscent of protecting tax payer’s privacy in all situations. It is so serious that any violation attracts criminal sanction. However, Nigeria, being a democratic and egalitarian state recently enacted Freedom of Information Act which heralded in openness in governance and takes away the confidentialities associated with official secrets Laws. Official secrecy no doubts contradicts the philosophy of freedom of information but maintaining a proper balance between protected rights of tax payers and public interest which revenue agency upholds is an uphill task. Adopting the Doctrinal method, therefore, the author of this paper probes into the real nature of the relationship between taxpayers and Revenue Agencies. It also interfaces official secrecy with the doctrine of Freedom of Information and consequently queries the retention of non – disclosure clause under Federal Inland Revenue Service (Establishment) Act (FIRSEA) 2007. The paper finds among others that non – disclosure provision in tax statutes particularly as provided for in FIRSEA is not absolute; so also is the constitutional rights and freedom of information and unless the non – disclosure clause finds justification under any recognized exemption provided under the Freedom of Information Act, its retention is antithesis to democratic ethos and beliefs as it may hinder public interest and public order.

Keywords: confidentiality, information, official secrecy, tax administration

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398 Like a Bridge over Troubled Waters: The Value of Joint Learning Programs in Intergroup Identity-Based Conflict in Israel

Authors: Rachelly Ashwall, Ephraim Tabory

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In an attempt to reduce the level of a major identity-based conflict in Israel between Ultra-orthodox and secular Jews, several initiatives in recent years have tried to bring members of the two societies together in facilitated joint discussion forums. Our study analyzes the impact of two types of such programs: joint mediation training classes and confrontation-based learning programs that are designed to facilitate discussions over controversial issues. These issues include claims about an unequal shouldering of national obligations such as military service, laws requiring public observance of the Sabbath, and discrimination against women, among others. The study examines the factors that enabled the two groups to reduce their social distance, and increase their understanding of each other, and develop a recognition and tolerance of the other group's particular social identity. The research conducted over a course of two years involved observations of the activities of the groups, interviews with the participants, and analysis of the social media used by the groups. The findings demonstrate the progression from a mutual initial lack of knowledge about habits, norms, and attitudes of the out-group to an increasing desire to know, understand and more readily accept the identity of a previously rejected outsider. Participants manifested more respect, concern for and even affection for those whose identity initially led them to reject them out of hand. We discuss the implications for seemingly intractable identity-based conflict in fragile societies.

Keywords: identity-based conflict, intergroup relations, joint mediation learning, out-group recognition, social identity

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397 Transgression, Resistance and Independent Art in Russia

Authors: Oxana Vasilyeva

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This paper draws on research in progress focusing on independent art in the Russian Federation. I am using the concept of independent art to mean art free from state control and established restrictive narratives. The Russian state pursues its interests by supporting or forbidding certain forms of art, and art that promotes values in opposition to the official political course is often forbidden. Arguments presented below draw from fieldwork carried out in Russian cities of Moscow and Saint Petersburg in June – August 2019, which included in-depth interviews with artists. This research explores socially engaged artistic works and their effect on socio-political state of affairs. It argues that artistic works entering public places have a potential to challenge autocratic system and inspire civil society to be critically engaged and to be capable to resist state propaganda. I am focusing on those artists who have a critical stance towards the current Russian political regime and analyzing their works in terms of transgression. By using the framework of transgression I aim to demonstrate how artists step across existing norms with their art influencing political and social order. To show the connection between the factors mentioned above, I will turn to two examples of transgressive aesthetics; one is individual and another is collective. The first example is Konstantin Benkovich, an artist who makes his works out of steel rebar, which is considered to be a symbol of the lack of freedom, as it is usually encountered in prison settings. The second example is a collective art practice called Monstration. It combines techniques of a demonstration and a carnival atmosphere. In 2019 Monstration was held in 30 Russian cities, despite the dissatisfaction of the authorities.

Keywords: art, culture, resistance, Russia

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396 The Communist Party of China’s Approach to Human Rights and the Death Penalty in China since 1979

Authors: Huang Gui

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The issues of human rights and death penalty are always drawing attentions from international scholars, critics and observers, activities and Chinese scholars, and most of them looking at these problems are just doing with such legal or political from a single perspective, but the real relationship between Chinese political regime and legislation is often ignored. In accordance with the Constitution of P.R.C., Communist Party of China (CPC) does not merely play a key role in political field, but in legislation and law enforcement as well. Therefore, the legislation has to implement the party’s theory and outlook, and realize the party’s policies. So is the death penalty system, though it is only concrete punishment system. Considering this point, basic upon the introducing the relationship between CPC and legislation, this paper would like to explore the shifting of CPC’s outlook on human rights and the death penalty system changes in different eras. In Maoist era, the issue of human rights was rejected and deemed as an exclusion zone, and the death penalty was unjustifiably imposed; human rights were politically recognized and accepted in Deng era, but CPC has its own viewpoints on it. CPC emphasized on national security and stability in that era, and the individual human rights weren’t taken correspondingly and reasonably account of. The death penalty was abused and deemed as an important measure to control crime. In post-Deng, human rights were gradually developed and recognized. The term of ‘state respect and protect human rights’ is contained in Constitution of P.R.C., and the individual human rights are gradually valued, but the CPC still focus on state security, development, and stability, the individual right to life hasn’t been enough valued like the right to substance. Although the steps of reforming death penalty are taking, there are still 46 crimes punishable by death. CPC should change its outlook and pay more attention to the right to life, and try to abolish death penalty de facto and de jure.

Keywords: criminal law, communist party of China, death penalty, human rights, China

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395 Caste of Women: An Inquiry into the Differences in Inter-Caste Marriages in an Adivasi Samaj

Authors: Dhiraj Kumar

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The paper attempts to argue that the regulation of the rural lower caste woman’s life-world is at the core of the reproduction of hierarchy in an Adivasi samaj (society). It has been established in studies on caste and Adivasi that the two societies are distinct and operate through different structures, norms, rituals, beliefs, etc. This is as opposed to the colonial and certain post-independence anthropology in/of India that collapsed the two into single categories for analysis. However, how the two seemingly different social structures affect each other has attracted little attention. The paper is inspired by an action-research at Gadh-Bansla, an Adivasi village in the Kanker district of Chhattisgarh that houses different caste groups – OBCs and SCs, as well as two different Adivasi groups: Gond and Halba. The action-research, taken place across a year, has worked with six families of the different groups present (i.e., Gond, Halba, OBCs, and SCs) in which inter-caste marriages have taken place. Through in-depth interviews and free association discussions with these six families, the paper presents the ways in which the samaj and caste society have interacted. It has been observed that there is a difference in treatment in marriages between a lower caste woman marrying into an upper caste or Halba household, and an upper caste or Halba woman marrying into a lower caste household. While the upper caste woman is easily accepted into the Adivasi samaj and the husband’s family, the same does not hold true for the lower caste woman. The lower caste woman has to face humiliation through untouchability, fine on the family, or in some cases excommunication of the couple. The paper concludes with a need to use caste as a central analytic to understand gender discrimination even in Adivasi contexts.

Keywords: caste, Adivasi, Samaj, humiliation, woman

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394 Eroticism as a Tool for Addressing Socio-Cultural Inequalities

Authors: Amin Khaksar

Abstract:

The popular music scene is a highly speculative field of cultural production in which eroticism plays an essential role in attracting audiences. The juxtaposition of eroticism and cultural products possibly implies the importance of the representation of cultural values in popular music videos. As with norms in conservative societies, however, there are some types of inequalities, most of which are dominated by institutional inclinations as opposed to socio-cultural inclinations. This paper explores the challenges that increasing structural inequality poses to erotic representations, focusing on Iranian popular music videos. It outlines how eroticism is becoming a leading tool for circumventing institutional inequalities that affect some cultural values. Using the value-based approach, which draws on visual semiotics and content analysis of Iranian popular music videos compared to Western popular music videos, this study contends that the problematic nature of eroticism emerges when sexual representation takes on meaning beyond its commercial purpose. Indeed, erotica has more to say about freedom, social violence, gender discrimination, and, most importantly, values that can be shared and communicated. The concept of eroticism used in this study functions as a shared practice and can be perceived through symbols. Furthermore, the conclusions show that music artists (performers) use eroticism in three ways to represent cultural values: erotic performances, erotic qualities, and erotic narratives. The expected contribution highlights the role that eroticism can play in the encounter with institutional inequality and injustice. Consider a female celebrity whose erotic qualities help her body gain attention.

Keywords: inequality, value- based economics, eroticism, popular music video

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393 A Case-Study Analysis on the Necessity of Testing for Cyber Risk Mitigation on Maritime Transport

Authors: Polychronis Kapalidis

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In recent years, researchers have started to turn their attention to cyber security and maritime security independently, neglecting, in most cases, to examine the areas where these two critical issues are intertwined. The impact of cybersecurity issues on the maritime economy is emerging dramatically. Maritime transport and all related activities are conducted by technology-intensive platforms, which today rely heavily on information systems. The paper’s argument is that when no defense is completely effective against cyber attacks, it is vital to test responses to the inevitable incursions. Hence, preparedness in the form of testing existing cybersecurity structure via different tools for potential attacks is vital for minimizing risks. Traditional criminal activities may further be facilitated and evolved through the misuse of cyberspace. Kidnap, piracy, fraud, theft of cargo and imposition of ransomware are the major of these activities that mainly target the industry’s most valuable asset; the ship. The paper, adopting a case-study analysis, based on stakeholder consultation and secondary data analysis, namely policy and strategic-related documentation, presents the importance of holistic testing in the sector. Arguing that poor understanding of the issue leads to the adoption of ineffective policies the paper will present the level of awareness within the industry and assess the risks and vulnerabilities of ships to these cybercriminal activities. It will conclude by suggesting that testing procedures must be focused on three main pillars within the maritime transport sector: the human factor, the infrastructure, and the procedures.

Keywords: cybercrime, cybersecurity, organized crime, risk mitigation

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392 The Contribution of the Lomé Charter to Combating Drugs Trafficking at Sea: Nigerian and South African Legal Perspectives

Authors: Obinna Emmanuel Nkomadu

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The sea attracts many criminal activities including drug trafficking. The illicit traffic in narcotic drugs and psychotropic substances by sea poses a serious threat to maritime security globally. The seizure of drugs, particularly, on the African continent is on the raise. In terms of Southern Africa, South Africa is a major transit point for Latin American drugs and South Africa is the largest market for illicit drugs entering the Southern African region. Nigeria and South Africa have taken a number of steps to address this scourge, but, despite those steps, drugs trafficking at sea continues. For that reason and to combat a number of other threats to maritime security around the continent, a substantial number of AU members in 2016 adopted the African Charter on Maritime Security and Safety and Development in Africa (“the Charter”). However, the Charter is yet to come into force due to the number of States required to accede or ratify the Charter. This paper set out the pre-existing international instruments on drugs, to ascertain the domestic laws of Nigeria and South Africa relating to drugs with the relevant provisions of the Lomé Charter in order to establish whether any legal steps are required to ensure that Nigeria and South Africa comply with its obligations under the Charter. Indeed, should Nigeria and South Africa decide to ratify it and should it come into force, both States must cooperate with other relevant States in establishing policies, as well as a regional and continental institutions, and ensure the implementation of such policies. The paper urged the States to urgently ratify the Charter as it is a step in the right direction in the prevention and repression of drugs trafficking on the African maritime domain.

Keywords: cooperation against drugs trafficking at sea, Lomé Charter, maritime security, Nigerian and South Africa legislation on drugs

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391 A Comparative Study on Occupational Fraud and Prosecution

Authors: Michelle Odudu

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Ghana and Nigeria are known for their high levels of Occupational Fraud in public offices. The governments of both countries have emphasised their commitment to reducing the losses caused to the state by pledging their allegiance to the counter-fraud agencies to help tackle Occupational Fraud. Yet it seems that the prosecution of such cases is ineffective as high-profile fraudsters can operate with immunity and their cases remain unprosecuted. This research project was based on in-depth examinations of 50 occupational fraud cases involving high-profile individuals in both countries. In doing so, it established the characteristics of those who were prosecuted; the extent to which prosecutions were effectively managed; the barriers to effective prosecutions; and the similarities or differences between the occurrences in both countries. The aim of the project is to examine the practice of and barriers to prosecution of large-scale occupational fraud of those in senior public positions in Ghana and Nigeria. The study drew on the experiences of stakeholders such as defence and prosecution barristers, academics, and fraud analysts via semi-structured interviews and questionnaires. 13 interviews were conducted in Ghana and in Nigeria, where respondents were recruited using a snowball approach. Questionnaires were physically distributed: 20 of the staff at EOCO and 10 to NGO staff in Ghana; 6 and 5 came back, respectively. The empirical data collected suggests that there is no lack of will on the agencies’ part to at least commence proceedings. However, various impediments hamper a successful completion of prosecution. Challenges were more evident in Nigeria, where agencies are less effective at retrieving stolen assets and changing social norms. This is further compounded by several cultural and political factors, which create limitations leaving many cases ‘still pending’.

Keywords: comparative, prosecution, punishment, international, whitecollar, fraud

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390 Credible Autopsy Report for Investigators and Judiciary

Authors: Sudhir K. Gupta

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Introduction: When a forensic doctor determines that a suspicious death is a suicide, homicide, or accident, the decision virtually becomes incontestable by the investigating police officer, and it becomes an issue whether the medical opinion was created with necessary checks and balances on the other probabilities of the case. It is suggested that the opinion of Forensic Medical experts is conventional, mutable, and shifting from one expert to another. The determination of suicide, accident, or homicide is mandatorily required, which is the Gold Standard for conducting death investigations. Forensic investigations serve many audiences, but the court is by far the most critical. The likely questions on direct and cross-examination determine how forensic doctors gather and handle evidence and what conclusions they reach. Methodology: The author interacted with the investigative authority, and a crime scene visit was also done along with the perusal of the Postmortem report, subsequent opinion, and crime scene photographs and statements of the witness and accused. Further analysis of all relevant scientific documents and opinions of other forensic doctors, forensic scientists, and ballistic experts involved in these cases was done to arrive at an opinion with scientific justification. Findings: The opinions arrived at by the author and how they helped the judiciary in delivering justice in these cases have been discussed in this article. This can help the readers to understand the process involved in formulating a credible forensic medical expert opinion for investigators and the judiciary. Conclusion: A criminal case might be won or lost over doubt cast on the chain of custody. Medically trained forensic doctors, therefore, learn to practice their profession in legally appropriate ways, and opinions must be based on medical justifications with credible references.

Keywords: forensic doctor, professional credibility, investigation, expert opinion

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389 Minimizing thought Communication Gap between Designer and Client Using the Projective Personality Tests

Authors: Hira, Nisar Bhatti, Ezza

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Contemporary studies support the strong co-relation between psychology and design. This study elaborates how different psychological personality test can help a fashion designer to judge the needs of their clients with respect to the customized clothing. This study will also help the designer to improve the lacking in the personality and will enable him to put his effort in required areas for grooming the customer. The use of psychology test to support the choice of certain design strategies that how the right clothing can make client a better intellectual with enhanced self-esteem and confidence. Different projective personality test are being used to suggest to evaluate personality traits. The Rorschach Inkblot Test is projective mental comprising of 10 ink-blots synonymous with the clinical brain research. Lüsher Color Diagnostics measures a person’s psycho physical state, his or her ability to withstand stress to perform and communicate. HTP is a projective responsibility test measuring self-perception, attitudes. The TAT test intend to evaluate a person’s patterns of thoughts, attitudes, observation, capacity and emotional response to this ambiguous test materials. No doubt designers are already crucially redesigning the individuals by their attires, but to expose the behavioral mechanism of the customer, designers should be able to recognize the hidden complexity behind his client by using the above mentioned methods. The study positively finds the design and psychology need to become substantially contacted in order to create a new regime of norms to groom a personality under the concentration and services of a fashion designer in terms of clothing.

Keywords: projective personality tests, customized clothing, Rorschach Inkblot Test, TAT, HTP, Lüsher Color Diagnostics

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388 Interrogating Economic Growth and Development in Nigeria: The Challenges

Authors: Enojo Kennie Enojo

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The paper focuses on the contradictions of economic growth and development in Nigeria with specific reference to the plethora issues and challenges associated with the sordid situation. The broad objective is to investigate the major causes of agitation for restructuring the entire political spectrum that promote and guarantee economic growth and development with empirical intellectual standpoint. The specific aim is to surgically examine the organic linkage between weaker institutions, lack of vibrant civil society, poor governance and the agitation for restructuring. The paper adopts the secondary source of data collection as its methodological strategy. Our findings reveals that most urban and rural dwellers where goods and services are either extracted, produced, or manufactured lack infrastructural facilities, preventing economic growth and development, which has been the consequence of poverty, inequality and unemployment. There is equally the issue of disconnection of the political class from the electorate, this is evident in lack of political power base not located in the society but rather with either the elites or godfathers this and many factors are responsible for flawed electoral system from 1999 to 2023 general elections. These egregious factors and others have resulted in the subscription of religion and ethnicity thereby the devaluation of national norms, identities and values. We adopt the combination of structural-functional approach, relative deprivation; rising expectation, frustration and aggression model to enable us critically interrogate these contradictions as subterfuge with both the centrifugal and centripetal forces constantly in fatality. We recommend among others that, there should be development across the federating units without prejudice.

Keywords: restructuring, infrastructure, economic development, governance

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387 The Posthuman Condition and a Translational Ethics of Entanglement

Authors: Shabnam Naderi

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Traditional understandings of ethics considered translators, translations, technologies and other agents as separate and prioritized human agents. In fact, ethics was equated with morality. This disengaged understanding of ethics is superseded by an ethics of relation/entanglement in the posthuman philosophy. According to this ethics of entanglement, human and nonhuman agents are in constant ‘intra-action’. The human is not separate from nature, from technology and from other nonhuman entities, and an ethics of translation in this regard cannot be separated from technology and ecology and get defined merely within the realm of human-human encounter. As such, a posthuman ethics offers opportunities for change and responds to the changing nature of reality, it is negotiable and reveals itself as a moment-by-moment practice (i.e. as temporally emergent and beyond determinacy and permanence). Far from the linguistic or cultural, or individual concerns, posthuman translational ethics discusses how the former rigid norms and laws are challenged in a process ontology which puts emphasis on activity and activation and considers ethics as surfacing in activity, not as a predefined set of rules and values. In this sense, traditional ethical principles like faithfulness, accuracy and representation are superseded by principles of privacy, sustainability, multiplicity and decentralization. The present conceptual study, drawing on Ferrando’s philosophical posthumanism (as a post-humanism, as a post-dualism and as a post-anthropocentrism), Deleuze-Guattarian philosophy of immanence and Barad’s physics-philosophy strives to destabilize traditional understandings of translation ethics and bring an ethics that has loose ends and revolves around multiplicity and decentralization into the picture.

Keywords: ethics of entanglement, post-anthropocentrism, post-dualism, post-humanism, translation

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386 Galtung’s Violence Triangle: We Need to Be Thinking Upside Down

Authors: Michael Fusi Ligaliga

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Peace and Conflict Studies (PACS), despite being a new pedagogical discipline, is a growing interdisciplinary academic field that has expanded its presence from the traditional lens of war, conflict, and violence to addressing various social issues impacting society. Family and domestic violence (FDV) has seldom been explored through the PACS lens despite some studies showing that “on average, nearly 20 people per minute are physically abused by an intimate partner in the United States. Over one year, this equates to more than 10 million women and men.” In the Pacific, FDV rates are some of the highest in the world. The friction caused by cultural practices reinforcing patriarchy and male impunity, compounded by historical colonial experiences, as well as the impact of Christianity on the Pacific region, creates a complex social landscape when thinking about and addressing FDV in the Pacific. This paper seeks to re-examine Johan Galtung’s violence triangle (GVT) theory and its application to understanding FDV in the Pacific. Galtung argues that there are three forms of violence – direct, structural, and cultural. Direct violence (DV) is behaviors that threaten life itself or diminishes the ability of a person to meet his or her basic needs. This form of violence is visible because it is manifested in behaviors such as killing, maiming, sexual assault, etc. Structural violence (SV) exists when people do not get equal access to goods and services (health, education, justice) that enable them to reach their full potential. When ideologies embedded in cultural norms and practices are used to justify and advocate acts of violence by shifting the moral parameters from being wrong to right or acceptable, this, according to Galtung, is referred to as Cultural violence (CV).

Keywords: direct violence, cultural violence, structural violence, indigenous peacebuilding, samoa

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