Search results for: patent claim interpretation
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 1545

Search results for: patent claim interpretation

825 Foucault and Governmentality: International Organizations and State Power

Authors: Sara Dragisic

Abstract:

Using the theoretical analysis of the birth of biopolitics that Foucault performed through the history of liberalism and neoliberalism, in this paper we will try to show how, precisely through problematizing the role of international institutions, the model of governance differs from previous ways of objectifying body and life. Are the state and its mechanisms still a Leviathan to fight against, or can it be even the driver of resistance against the proponents of modern governance and the biopolitical power? Do paradigmatic examples of biopolitics still appear through sovereignty and (international) law, or is it precisely this sphere that shows a significant dose of incompetence and powerlessness in relation to, not only the economic sphere (Foucault’s critique of neoliberalism) but also the new politics of freedom? Have the struggle for freedom and human rights, as well as the war on terrorism, opened a new spectrum of biopolitical processes, which are manifested precisely through new international institutions and humanitarian discourse? We will try to answer these questions, in the following way. On the one hand, we will show that the views of authors such as Agamben and Hardt and Negri, in whom the state and sovereignty are seen as enemies to be defeated or overcome, fail to see how such attempts could translate into the politicization of life like it is done in many examples through the doctrine of liberal interventionism and humanitarianism. On the other hand, we will point out that it is precisely the humanitarian discourse and the defense of the right to intervention that can be the incentive and basis for the politicization of the category of life and lead to the selective application of human rights. Zizek example of the killing of United Nations workers and doctors in a village during the Vietnam War, who were targeted even before police or soldiers, because they were precisely seen as a powerful instrument of American imperialism (as they were sincerely trying to help the population), will be focus of this part of the analysis. We’ll ask the question whether such interpretation is a kind of liquidation of the extreme left of the political (Laclau) or on this basis can be explained at least in part the need to review the functioning of international organizations, ranging from those dealing with humanitarian aid (and humanitarian military interventions) to those dealing with protection and the security of the population, primarily from growing terrorism. Based on the above examples, we will also explain how the discourse of terrorism itself plays a dual role: it can appear as a tool of liberal biopolitics, although, more superficially, it mostly appears as an enemy that wants to destroy the liberal system and its values. This brings us to the basic problem that this paper will tackle: do the mechanisms of institutional struggle for human rights and freedoms, which is often seen as opposed to the security mechanisms of the state, serve the governance of citizens in such a way that the latter themselves participate in producing biopolitical governmental practices? Is the freedom today "nothing but the correlative development of apparatuses of security" (Foucault)? Or, we can continue this line of Foucault’s argumentation and enhance the interpretation with the important question of what precisely today reflects the change in the rationality of governance in which society is transformed from a passive object into a subject of its own production. Finally, in order to understand the skills of biopolitical governance in modern civil society, it is necessary to pay attention to the status of international organizations, which seem to have become a significant place for the implementation of global governance. In this sense, the power of sovereignty can turn out to be an insufficiently strong power of security policy, which can go hand in hand with freedom policies, through neoliberal governmental techniques.

Keywords: neoliberalism, Foucault, sovereignty, biopolitics, international organizations, NGOs, Agamben, Hardt&Negri, Zizek, security, state power

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824 State of Emergency in Turkey (July 2016-July 2018): A Case of Utilization of Law as a Political Instrument

Authors: Neslihan Cetin

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In this study, we will aim to analyze how the period of the state of emergency in Turkey lead to gaps in law and the formation of areas in which there was a complete lack of supervision. The state of emergency that was proclaimed following the coup attempt of July 15, 2016, continued until July 18, 2018, that is to say, 2 years, without taking into account whether the initial circumstances persisted. As part of this work, we claim that the state of emergency provided the executive power with important tools for governing, which it took constant use. We can highlight how the concern for security at the center of the basic considerations of the people in a city was exploited as a foundation by the military power in Turkey to interfere in the political, legal, and social spheres. The constitutions of 1924, 1961, and 1982 entrusted the army with the role of protector of the integrity of the state. This became an instrument at the hands of the military to legitimize their interventions in the name of public security. Its interventions in the political field are indeed politically motivated. The constitution, the legislative, and regulatory systems are modified and monopolized by the military power that dominates the legislative, regulatory, and judicial power, leading to a state of exception. With the political convulsions over a decade, the government was able to usurp the instrument called the state of exception. In particular, the decree-laws of the state of emergency, which the executive makes frequent and generally abusive use, became instruments in the hands of the government to take measures that it wishes to escape from the rules and the pre-established control mechanisms. Thus the struggle against the political opposition becomes more unbalanced and destructive. To this must also be added the ineffectiveness of ex-post controls and domestic remedies. This research allows us to stress how a legal concept, such as ‘the state of emergency’ can be politically exploited to make it a legal weapon that continues to produce victims.

Keywords: constitutional law, state of emergency, rule of law, instrumentalization of law

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823 Access to Health Data in Medical Records in Indonesia in Terms of Personal Data Protection Principles: The Limitation and Its Implication

Authors: Anny Retnowati, Elisabeth Sundari

Abstract:

This research aims to elaborate the meaning of personal data protection principles on patient access to health data in medical records in Indonesia and its implications. The method uses normative legal research by examining health law in Indonesia regarding the patient's right to access their health data in medical records. The data will be analysed qualitatively using the interpretation method to elaborate on the limitation of the meaning of personal data protection principles on patients' access to their data in medical records. The results show that patients only have the right to obtain copies of their health data in medical records. There is no right to inspect directly at any time. Indonesian health law limits the principle of patients' right to broad access to their health data in medical records. This restriction has implications for the reduction of personal data protection as part of human rights. This research contribute to show that a limitaion of personal data protection may abuse the human rights.

Keywords: access, health data, medical records, personal data, protection

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822 Combating Islamophobia in Australia: An Analysis of Six Legal and Holistic Strategies to Help Address Discrimination towards Muslims

Authors: F. Zamani Ashni, P. Gerber

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In today's religious and political climate, Muslims find themselves the focus of much attention, often in the form of discrimination and vilification. There is a widely held belief that Islam and terrorism are inextricably intertwined. An anti-Muslim narrative has been shaping policy around the world for some time now. This study, which focuses on the experience of Muslims in Australia, provides guidance on legislative and other steps that can be taken by Australia to help address Islamophobia. This study provides a doctrinal analysis of the state, territory, and federal anti-discrimination laws in Australia. Using principles of statutory interpretation along aside an analysis of relevant jurisprudence, this study concludes that Australian anti-discrimination laws are ill-equipped to address modern-day Islamophobia. The study also finds that laws alone are insufficient to combat Islamophobia, and a more holistic approach is required. Six strategies are identified, which can, in combination, help to successfully respond to Islamophobia. In addition to legislative initiatives, combating Islamophobia requires Australia to promote inclusive human rights education, fair media coverage, strong leadership, integration of the Islamic community, and comprehensive documentation of anti-Muslim attacks.

Keywords: Australia, discrimination, Islamophobia, Muslim

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821 The Evaluation of Islamic Concept in Contemporary Mosque Design with the Case of Study: Jogokariyan Mosque Yogyakarta Indonesia

Authors: Ibrahim Malik, M. Ikramullah al Kambuna

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Today the crisis of understanding in Islamic values has been extended to the architectural design. The majority of Muslim Architects when they designed Islamic Architectural building always stuck in cultural symbols, forms of facade, carvings calligraphy, and all of things which intimately associated with middle eastern culture. As well as the interpretation of symbols form, by designing a dome in every mosque, calligraphy carving in the interior of the mosque, and the other elements in the building which interpreted to the middle east culture. So here there are problems in understanding the meaning of Islam with Kaffah (overall), which appeared a distortion of understanding to distinguish between cultural and theological values in a design. This paper will try to evaluate the design of a contemporary mosque in Indonesia, with case studies in Jogokariyan Mosque Yogyakarta Indonesia. The building evaluation are focused in building function , aesthetic, comfort, and security. And finally from this research should be found the results of the integrated design evaluation of a contemporary mosque which based on the study of the Quran and Hadith.

Keywords: evaluation, islamic concept, mosque, Hadith, Quran

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820 The Promotion of a Risk Culture: a Descriptive Study of Ghanaian Banks

Authors: Gerhard Grebe, Johan Marx

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The aim of the study is to assess the state of operational risk management and the adoption of an appropriate risk culture in Ghanaian banks. The Bank of Ghana (BoG) joined the Basel Consultative Group (BCG) of the Basel Committee on Bank Supervision (BCBS) in 2021 and is proceeding with the implementation of the Basel III international regulatory framework for banks. The BoG’s Directive about risk management encourages, inter alia, the creation of an appropriate risk culture by Ghanaian banks. However, it is not evident how the risk management staff of Ghanaian banks experience the risk culture and the implementation of operational risk management in the banks where they are employed. Ghana is a developing economy, and it is addressing challenges with its organisational culture. According to Transparency International, successive Ghanaian governments claim to be fighting corruption, but little success has been achieved so far. This points to a possible lack of accountability, transparency, and integrity in the environment in which Ghanaian banks operate and which could influence their risk culture negatively. Purposive sampling was used for the survey, and the questionnaire was completed byGhanaian bank personnel who specializesin operational risk management, risk governance, and compliance, bank supervision, risk analyses, as well as the implementation of the operational risk management requirements of the Basel regulatory frameworks. The respondents indicated that they are fostering a risk culture and implementing monitoring and reporting procedures; the three lines of defence (3LOD); compliance; internal auditing; disclosure of operational risk information; and receiving guidance from the bank supervisor in an attempt to improve their operational risk management practices. However, the respondents reported the following challenges with staff members who are not inside the risk management departments(in order of priority), namelydemonstrating a risk culture, training and development; communication; reporting and disclosure; roles and responsibilities; performance appraisal; and technological and environmental barriers. Recommendations to address these challenges are provided

Keywords: ghana, operational risk, risk culture, risk management

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819 Functional to Business Process Orientation in Business Schools

Authors: Sunitha Thappa

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Business environment is a set of complex interdependent dimensions that corporates have to always be vigil in identifying the influential waves. Over the year business environment has evolved into a basket of uncertainties. Every organization strives to counter this dynamic nature of business environment by recurrently evaluating the primary and support activities of its value chain. This has led to companies redesigning their business models, reinvent business processes and operating procedure on unremitting basis. A few specific issues that are placed before the present day managers are breaking down the functional interpretation of any challenge that organizations confronts, reduction in organizational hierarchy and tackling the components of the value chain to retain their competitive advantage. It is how effectively managers detect the changes and swiftly reorient themselves to these changes that define their success or failure. Given the complexity of decision making in this dynamic environment, two important question placed before the B-schools of today. Firstly, are they grooming and nurturing managerial talent proficient enough to thrive in this multifaceted business environment? Secondly, are the management graduates walking through their portals, able to view challenges from a cross-functional perspective with emphasis to customer and process rather than hierarchy and functions. This paper focuses on the need for a process oriented approach to management education.

Keywords: management education, pedagogy, functional, process

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818 Evaluation of Postural Stability in Female Patients with Structural Scoliosis

Authors: Ghada M. R. Koura, Ahmed M. F. El Shiwi

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Background: structural scoliosis is a twisting deformity in the curve of vertebral column to the lateral side with simultaneous rotation of the vertebrae, which occurs during the growing years from 10 years to the puberty. Purpose: Studies investigating balance problems specific to scoliotic patients showed that those patients reveal variable balance abnormalities. In this study we evaluated the difference in postural stability responses between female patients (students, office worker and shish weapon players) with structural scoliosis and normal subjects. Methods: sixty subjects participated in this study. Thirty female patients with structural scoliosis with a mean age of (19.5 ± 3.26) years, with Cobb's angle ranged from 20º to 40° in the major curves, and thirty healthy female subjects with a mean age of (19.36 ± 2.41) years. Postural stability of both groups were evaluated by the Biodex Stability System. Results: There was no significant difference between both groups in dynamic balance test. Interpretation/Conclusion: As there was no significant difference between both groups in balance response, it is not recommended to add balance training as an extra physical therapy program for AIS female patients.

Keywords: structural scoliosis, postural stability, female patients, evaluation

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817 Reconstruction of the 'Bakla' as an Identity

Authors: Oscar H. Malaco Jr.

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Homosexuality has been adapted as the universal concept that defines the deviations from the heteronormative parameters of society. Sexual orientation and gender identities have been used in a concretely separate manner the same way as the dynamics between man and woman, male and female, gender and sex operate. These terms are all products of human beings’ utilization of language. Language has proven its power to define and determine the status and the categories of the subjects in society. This tool developed by human beings provides a definition of their own specific cultural community and their individual selves that either claim or oppugn their space in the social hierarchy. The label ‘bakla’ is reasoned as an identity which is a reaction to the spectral disposition of gender and sexuality in the Philippine society. To expose the Filipino constitutes of bakla is the major attempt of this study. Through the methods of Sikolohiyang Pilipino (Filipino Psychology), namely Pagtatanung-tanong (asking questions) and Pakikipagkuwentuhan (story-telling), the utterances of the bakla were gathered and analyzed in a rhetorical and ideological manner. Furthermore, the Dramatistic Pentad of Kenneth Burke was adapted as a methodology and also utilized as a perspective of analysis. The results suggest that the bakla as an identity carries the hurdles of class. The performativity of the bakla is proven to be a cycle propelled by their guilt to be identified and recognized as subjects in a society where heteronormative power contests their gender and sexual expressions as relatively aberrational to the binary gender and sexual roles. The labels, hence, are potent structures that control the disposition of the bakla in the society, reflecting an aspect of the disposition of Filipino identities. After all, performing kabaklaan in the Philippine society is interplay between resistance and conformity to the hegemonic dominions as a result of imperial attempts to universalize the concept of homosexuality between and among distant cultural communities.

Keywords: gender identity, sexual orientation, rhetoric, performativity

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816 Designing Cultural-Creative Products with the Six Categories of Hanzi (Chinese Character Classification)

Authors: Pei-Jun Xue, Ming-Yu Hsiao

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Chinese characters, or hanzi, represent a process of simplifying three-dimensional signs into plane signifiers. From pictograms at the beginning to logograms today, a Han linguist thus classified them into six categories known as the six categories of Chinese characters. Design is a process of signification, and cultural-creative design is a process translating ideas into design with creativity upon culture. Aiming to investigate the process of cultural-creative design transforming cultural text into cultural signs, this study analyzed existing cultural-creative products with the six categories of Chinese characters by treating such products as representations which accurately communicate the designer’s ideas to users through the categorization, simplification, and interpretation of sign features. This is a two-phase pilot study on designing cultural-creative products with the six categories of Chinese characters. Phase I reviews the related literature on the theory of the six categories of Chinese characters investigated and concludes with the process and principles of character evolution. Phase II analyzes the design of existing cultural-creative products with the six categories of Chinese characters and explores the conceptualization of product design.

Keywords: six categories of Chinese characters, cultural-creative product design, cultural signs, cultural product

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815 Revised Risk Priority Number in Failure Mode and Effects Analysis Model from the Perspective of Healthcare System

Authors: Fatemeh Rezaei, Mohammad H. Yarmohammadian, Masoud Ferdosi, Abbas Haghshnas

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Background: Failure Modes and Effect Analysis is now having known as the main methods of risk assessment and the accreditation requirements for many organizations. The Risk Priority Number (RPN) approach is generally preferred, especially for its easiness of use. Indeed it does not require statistical data, but it is based on subjective evaluations given by the experts about the Occurrence (O i), the Severity (Si) and the Detectability (D i) of each cause of failure. Methods: This study is a quantitative – qualitative research. In terms of qualitative dimension, method of focus groups with inductive approach is used. To evaluate the results of the qualitative study, quantitative assessment was conducted to calculate RPN score. Results; We have studied patient’s journey process in surgery ward and the most important phase of the process determined Transport of the patient from the holding area to the operating room. Failures of the phase with the highest priority determined by defining inclusion criteria included severity (clinical effect, claim consequence, waste of time and financial loss), occurrence (time- unit occurrence and degree of exposure to risk) and preventability (degree of preventability and defensive barriers) and quantifying risks priority criteria in the context of RPN index. Ability of improved RPN reassess by root cause (RCA) analysis showed some variations. Conclusions: Finally, It could be concluded that understandable criteria should have been developed according to personnel specialized language and communication field. Therefore, participation of both technical and clinical groups is necessary to modify and apply these models.

Keywords: failure mode, effects analysis, risk priority number(RPN), health system, risk assessment

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814 An Inquiry into Bioregionalism as a Holistic Development Paradigm in Developing Small Towns

Authors: K. C. Surekha

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The natural habitat forms the setting for every urban development. The tangible and intangible characteristics of the site contributed to the sustenance of various urban dimensions of early civilizations. However, as the towns were continuously evolving and developing, the attitude towards the natural habitat changed. The after effects of this self-centered attitude resulted in various natural and manmade catastrophes. At the same time the social habitat, cities and new towns were increasingly over-populated; and will become even more numerous and crowded in the future. The coexistence of natural and urban components is necessary for a sustainable future and preserving the region’s unique features. Therefore, there is an urgent need to rethink actively on alternative development paradigms to achieve sustenance of all living forms on the planet in a more sustainable way. The main aim of this paper is to understand bioregionalism as an alternative development paradigm, its theory, concepts as well as the key aspects of bioregional planning. The paper will try to understand the concept of bioregionalism theoretically and take case studies. The critical interpretation of theory and analysis of case studies will be used to form a set of design parameters which can be physically implemented from an urban design and planning standpoint.

Keywords: bioregion, bioregionalism, holistic, sustainable

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813 Perception of Violence through the Drawing: A Research with Mexican University Students

Authors: Yessica Martinez Soto, Cesar E. Jimenez Yanez, Margarita Barak Velasquez, Yaralin Aceves Villanueva

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The presence of violent behavior in society is growing rapidly, which causes people to live in an environment of constant tension due to fear of becoming victims of violent acts. It is up to social scientists to be able to carry out analyzes in this regard to identify the different ways in which violence is normalized among people. The interest of this research work focuses on investigating the perception of violence in Mexican University students through the technique of drawing. To carry out this research, we worked with 67 university students from the Autonomous University of Baja California in Mexico, who drew an image of how they understood the concept of violence. His works showed us a variety of emotions, actions, and elements that relate and link with violence. One of the methodological tools to recognize and establish the link between the knowledge of a concept between discourse and practice is through graphic representations, that is, drawings. Although the drawing gives us a personal interpretation of the reality of each artist, the repetition of elements and the representation of similar situations allowed us to identify the degrees of incidence of the different types of violence and the areas in which it manifests itself.

Keywords: college students, Mexico, social representations, violence

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812 Stress and Rhythm in the Educated Nigerian Accent of English

Authors: Nkereke M. Essien

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The intention of this paper is to examine stress in the Educated Nigerian Accent of English (ENAE) with the aim of analyzing stress and rhythmic patterns of Nigerian English. Our aim also is to isolate differences and similarities in the stress patterns studied and also know what forms the accent of these Educated Nigerian English (ENE) which marks them off from other groups or English’s of the world, to ascertain and characterize it and to provide documented evidence for its existence. Nigerian stress and rhythmic patterns are significantly different from the British English stress and rhythmic patterns consequently, the educated Nigerian English (ENE) features more stressed syllables than the native speakers’ varieties. The excessive stressed of syllables causes a contiguous “Ss” in the rhythmic flow of ENE, and this brings about a “jerky rhythm’ which distorts communication. To ascertain this claim, ten (10) Nigerian speakers who are educated in the English Language were selected by a stratified Random Sampling technique from two Federal Universities in Nigeria. This classification belongs to the education to the educated class or standard variety. Their performance was compared to that of a Briton (control). The Metrical system of analysis was used. The respondents were made to read some words and utterance which was recorded and analyzed perceptually, statistically and acoustically using the one-way Analysis of Variance (ANOVA). The Turky-Kramer Post Hoc test, the Wilcoxon Matched Pairs Signed Ranks test, and the Praat analysis software were used in the analysis. It was revealed from our findings that the Educated Nigerian English speakers feature more stressed syllables in their productions by spending more time in pronouncing stressed syllables and sometimes lesser time in pronouncing the unstressed syllables. Their overall tempo was faster. The ENE speakers used tone to mark prominence while the native speaker used stress to mark pronounce, typified by the control. We concluded that the stress pattern of the ENE speakers was significantly different from the native speaker’s variety represented by the control’s performance.

Keywords: accent, Nigerian English, rhythm, stress

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811 Hate Speech in Selected Nigerian Newspapers

Authors: Laurel Chikwado Madumere, Kevin O. Ugorji

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A speech is said to be full of hate when it appropriates disparaging and vituperative locutions and/or appellations, which are riddled with prejudices and misconceptions about an antagonizing party on the grounds of gender, race, political orientation, religious affiliations, tribe, etc. Due largely to the dichotomies and polarities that exist in Nigeria across political ideological spectrum, tribal affiliations, and gender contradistinctions, there are possibilities for the existence of socioeconomic, religious and political conditions that would induce, provoke and catalyze hate speeches in Nigeria’s mainstream media. Therefore the aim of this paper is to investigate, using select daily newspapers in Nigeria, the extent and complexity of those likely hate speeches that emanate from the pluralism in Nigeria and to set in to relief, the discrepancies and contrariety in the interpretation of those hate words. To achieve the above, the paper shall be qualitative in orientation as it shall be using the Speech Act Theory of J. L. Austin and J. R. Searle to interpret and evaluate the hate speeches in the select Nigerian daily newspapers. Also this paper shall help to elucidate the conditions that generate hate, and inform the government and NGOs how best to approach those conditions and put an end to the possible violence and extremism that emanate from extreme cases of hate.

Keywords: extremism, gender, hate speech, pluralism, prejudice, speech act theory

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810 Deciphering Chinese Calligraphy as the Architectural Essence of Tao Fong Shan Christian Center in Hong Kong

Authors: Chak Kwong Lau

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Many buildings in Hong Kong are graced with enchanting works of Chinese calligraphy. An excellent example is Tao Fong Shan Christian Center founded by a Norwegian missionary, Karl Ludvig Reichelt (1877-1952) in 1930. Adorned with many inspiring works of Chinese calligraphy, the center functions as a place for the study of Christianity where people of different religions can meet to have religious discussions and intellectual exchanges. This paper examines the pivotal role played by Chinese calligraphy in creating a significant context for the center to fulfill her visions and missions. The methodology of this research involves stylistic and textual analyses of works of calligraphy, in particular through an examination and interpretation of their extended meanings in terms of architectural symbology and social and cultural contexts. Findings showed that Chinese calligraphy was effectively used as a powerful vehicle for a purposeful development of contextual Christian spirituality in Hong Kong.

Keywords: Chinese calligraphy, Hong Kong architecture, Hong Kong calligraphy, Johannes Prip-Møller, Karl Ludvig Reichelt, Norwegian missionary, Tao Fong Shan Christian Center, traditional Chinese architecture

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809 Delineation of the Geoelectric and Geovelocity Parameters in the Basement Complex of Northwestern Nigeria

Authors: M. D. Dogara, G. C. Afuwai, O. O. Esther, A. M. Dawai

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The geology of Northern Nigeria is under intense investigation particularly that of the northwest believed to be of the basement complex. The variability of the lithology is consistently inconsistent. Hence, the need for a close range study, it is, in view of the above that, two geophysical techniques, the vertical electrical sounding employing the Schlumberger array and seismic refraction methods, were used to delineate the geoelectric and geovelocity parameters of the basement complex of northwestern Nigeria. A total area of 400,000 m² was covered with sixty geoelectric stations established and sixty sets of seismic refraction data collected using the forward and reverse method. From the interpretation of the resistivity data, it is suggestive that the area is underlain by not more than five geoelectric layers of varying thicknesses and resistivities when a maximum half electrode spread of 100m was used. The result of the interpreted seismic data revealed two geovelocity layers, with velocities ranging between 478m/s to 1666m/s for the first layer and 1166m/s to 7141m/s for the second layer. The results of the two techniques, suggests that the area of study has an undulating bedrock topography with geoeletric and geovelocity layers composed of weathered rock materials.

Keywords: basement complex, delineation, geoelectric, geovelocity, Nigeria

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808 The Right to State Lands: A Case Study of a Squatter Community in Egypt

Authors: Salwa Salman

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On February 2016, Egypt’s President Abdel Fattah Al-Sisi ordered the former Prime Minister, Ibrahim Mehleb, to establish a committee responsible for retrieving looted state lands or providing squatters with land titles according to their individual cases. The specificity of desert lands emerges from its unique position in both Islamic law and Egypt’s Civil Code. In Egypt, desert lands can be transferred to private ownership through peaceful occupation and cultivation. This study explores the (re-) conceptualization of land rights, state territoriality, and sovereignty as a part of an emerging narrative on informal land tenure. Through the lens of an informal settlement, the study employs methodological insights from studies in the anthropology of development and their interpretation of Foucauldian discourse analysis to examine official representations on squatting over state lands and put them in conversation with individual narratives on land ownership and dispossession. It also employs Bruno Latour’s actor-network theory to explore the development of social networks through primary land contracts and informal local resource management.

Keywords: State lands, squatter community, Islamic law, Egypt’s Civil Code

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807 Family Models in Contemporary Multicultural Society: Exploratory Study Applied to Immigrants of Second and Third Generations

Authors: Danièle Peto

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A qualitative research based on twenty-eight semi-structured interviews of students in Social Work, in Brussels (Belgium), showed specific results for the Arab and Muslim students: second and third generations immigrants build their identity on the basis of a mix of differentiation with and recognition of their parents' culture of origin. Building a bridge between Modernity and Tradition, they claim active citizenship; at the same time they show and live by values and religious believes which reinforce the link to their parents’ origins. But they present those values and believes as their own rational choices among other choices, all available and rich for our multicultural society. The way they speak of themselves is highly modern. But, they still have to build a third way to find a place for themselves in society: one allowing them to live their religion as a partially public matter (when the Occidental society leaves no such place for religion) while ensuring, at the same time, the development of independent critical thought. On this basis, other semi-structured interviews are being laid with Social workers working with families from diverse ethnic backgrounds. They will verify the reality of those identity and cultural bricolages when those young adults of second and third generations build their own family. In between the theoretical models of traditional family and modern family, shall we find a new model, hybrid and more or less stable, combining some aspects of the former and the latter? The exploratory research phase focuses on three aspects of building a family life in this context : the way those generations play, discursively or not, in between their parents and the society in which they grew up; the importance of intercultural dialogue in this process of building; and testing the hypothesis that some families, in our society, show a special way of courting Modernity.

Keywords: family models, identity bricolages, intercultural, modernity and tradition

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806 The Effect of a New Reimbursement Policy for Discharge Planning Service

Authors: Chueh Chi-An, Chan Hui-Ya

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Background and Aim: National Health Insurance (NHI) Administration released a new reimbursement policy for hospital patients who received a superior discharge plan on April 1, 2016. Each case could be claimed 1,500 points for fee-of service with related documents. The policy is considered a solution to help reducing the crowding in the emergency department, the length of stay of hospital, unplanned readmission rate and unplanned ER visit. This study aim is to explore the effect of the new reimbursement policy for discharge planning service in a medical center. Methods: The discharge team explained to general wards the new policy and encouraged early assessment, communication and connecting to community care for patients. They stated the benefit from the policy and asked documenting for reimbursement claiming from April to May 2016. The imbursement fee of NHI declaration from June 2015 to October 2017 was collected. The indicators included hospital occupancy rate, hospital bed turnover rate, long-term hospitalization rate, and patients’ satisfaction were analyzed after the policy implemented. Results: The results showed that the amount of service declaration was increasing from 2 cases in February 2016 to 110 cases in October 2017, the application rate was increasing from 0.029% to 1.576% of all inpatient cases, and the average payment from NHI was around 148,500 NT dollars per month in 2017. There are no significant differences in the indicators among hospital occupancy rate, hospital bed turnover rate, long-term hospitalization rate, and patients’ satisfaction. Conclusion: To provide a good discharge plan require a specialized case manager, the new reimbursement policy is too complicated and the total fee-of-service hospital could claim is too limited to hiring one. The results suggest more strategies combine with the new reimbursement policy will be needed.

Keywords: discharge planning, reimbursement, unplanned ER visit, readmission rate

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805 Sharia, Legal Pluralism and Muslim Personal Law in Contemporary India

Authors: K. C. Mujeebu Rahman

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Over the years, discussions in India regarding personal law in India have focused on its deficiencies, increasing involvement of the judiciary, and the pursuit of uniformity. However, little attention has been given to understanding how the law functions in a multicultural nation committed to political secularism. This paper addresses this gap by exploring the mahallu system in Malabar, shedding light on the decision-making process within Muslim personal law. It reveals that this process is deeply rooted in everyday micro-politics, sectarian dynamics, social pressure, and emotions. Through an in-depth examination of a triple talaq case, the paper demonstrates how love (or the lack of it), family expectations, and community authority intersect in resolving marital disputes. Instead of a straightforward legal interpretation, this process leads to a complex maze of micro-politics involving local religious factions and authorities. The paper underscores that the non-state quasi-legal institutions within the mahallu system represent a distinct form of legal pluralism characterized by intricate power dynamics at multiple levels. Moreover, it highlights the interplay between what is considered legally valid and what is deemed socially legitimate.

Keywords: islamic law, sharia, fatwa, muslim personal law

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804 Additive Weibull Model Using Warranty Claim and Finite Element Analysis Fatigue Analysis

Authors: Kanchan Mondal, Dasharath Koulage, Dattatray Manerikar, Asmita Ghate

Abstract:

This paper presents an additive reliability model using warranty data and Finite Element Analysis (FEA) data. Warranty data for any product gives insight to its underlying issues. This is often used by Reliability Engineers to build prediction model to forecast failure rate of parts. But there is one major limitation in using warranty data for prediction. Warranty periods constitute only a small fraction of total lifetime of a product, most of the time it covers only the infant mortality and useful life zone of a bathtub curve. Predicting with warranty data alone in these cases is not generally provide results with desired accuracy. Failure rate of a mechanical part is driven by random issues initially and wear-out or usage related issues at later stages of the lifetime. For better predictability of failure rate, one need to explore the failure rate behavior at wear out zone of a bathtub curve. Due to cost and time constraints, it is not always possible to test samples till failure, but FEA-Fatigue analysis can provide the failure rate behavior of a part much beyond warranty period in a quicker time and at lesser cost. In this work, the authors proposed an Additive Weibull Model, which make use of both warranty and FEA fatigue analysis data for predicting failure rates. It involves modeling of two data sets of a part, one with existing warranty claims and other with fatigue life data. Hazard rate base Weibull estimation has been used for the modeling the warranty data whereas S-N curved based Weibull parameter estimation is used for FEA data. Two separate Weibull models’ parameters are estimated and combined to form the proposed Additive Weibull Model for prediction.

Keywords: bathtub curve, fatigue, FEA, reliability, warranty, Weibull

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803 A Qualitative Analysis of People Views of Microfinance in Lebanon

Authors: Ali Abu Ali, Mohammad Salhab

Abstract:

Introduction: In the Middle East and North Africa (MENA) microfinance struggles to find momentum. The Lebanese economy has been struggling through the years due to domestic and external, political and social instability. Although as of 2014 there are around 23 MFIs that are mainly subsidized by the USAID, operating in the country, the Lebanese microfinance market is mostly dominated by three microfinance institutions: Al Majmoua, Vitas, and Al Quard Al Hassan Association. Methodology: A quantitative approach using a standardized questionnaire would analyse the perception of the average Lebanese towards microfinance. A questionnaire was designed and validated. Results: Almost half of the respondents earn a monthly income ranged between $100 and $600. Almost 52% of the respondents were university graduates, around 25% finished secondary and high school, and 12% hold a masters or MBA degree. Topic understanding towards microfinance differs across Lebanese areas. The highest percentage of respondents who claim that microfinance offers financial services to low income people are the residents of Beirut (35.1%), Bekaa (30.8%), and South of Lebanon (24.7%). Higher levels of topic understanding were associated with lower levels of age range. Al Quard el Hassan foundation was regarded as the most known micro financial institution operating in Lebanon. In general, Lebanese people tend to believe that microfinance can play an important role in reducing unemployment rates and poverty levels in Lebanon. When people were asked what would motivate you to get a loan from MFIs, most of the respondent (57.4%) across all the Lebanese region claimed that it was the need for money to satisfy a need such as paying back a loan, to fix something at home, or for self-consideration like buying a car. Conclusion: Our findings showed that in general Lebanese tend to have a positive perception towards microfinance. However, most Lebanese perceive microfinance as the process of just providing loans without specifying for whom it is intended. We advise that government introduces laws to regulate the microfinance market.

Keywords: microfinance, economics, finance, business, analysis, theory

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802 Several Aspects of the Conceptual Framework of Financial Reporting

Authors: Nadezhda Kvatashidze

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The conceptual framework of International Financial Reporting Standards determines the basic principles of accounting. The said principles have multiple applications, with professional judgments being one of those. Recognition and assessment of the information contained in financial reporting, especially so the somewhat uncertain events and transactions and/or the ones regarding which there is no standard or interpretation are based on professional judgments. Professional judgments aim at the formulation of expert assumptions regarding the specifics of the circumstances and events to be entered into the report based on the conceptual framework terms and principles. Experts have to make a choice in favor of one of the aforesaid and simulate the situations applying multi-variant accounting estimates and judgment. In making the choice, one should consider all the factors, which may help represent the information in the best way possible. Professional judgment determines the relevance and faithful representation of the presented information, which makes it more useful for the existing and potential investors. In order to assess the prospected net cash flows, the information must be predictable and reliable. The publication contains critical analysis of the aforementioned problems. The fact that the International Financial Reporting Standards are developed continuously makes the issue all the more important and that is another point discussed in the study.

Keywords: conceptual framework, faithful representation, professional judgement, relevance

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801 Interaction between River and City Morphology

Authors: Ehsan Abshirini

Abstract:

Rivers as one of the most important topographic factors have played a strategic role not only on the appearance of cities but they also affect the structure and morphology of cities. In this paper author intends to find out how a city in its physical network interacts with a river flowing inside. The pilot study is Angers, a city in western France, in which it is influenced by the Maine River. To this purpose space syntax method integrating with GIS is used to extract the properties of physical form of cities in terms of global and local integration value, accessibility and choice value. Simulating the state of absence of river in this city and comparing the result to the current state of city according to the effect of river on the morphology of areas located in different banks of river is also part of interest in this paper. The results show that although a river is not comparable to the city based on size and the area occupied by, it has a significant effect on the form of the city in both global and local properties. In addition, this study endorses that tracking the effect of river-cities and their interaction to rivers in a hybrid of space syntax and GIS may lead researchers to improve their interpretation of physical form of these types of cities.

Keywords: river-cities, Physical form, space syntax properties, GIS, topographic factor

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800 The Effect of Recycling on Price Volatility of Critical Metals in the EU (2010-2019): An Application of Multivariate GARCH Family Models

Authors: Marc Evenst Jn Jacques, Sophie Bernard

Abstract:

Electrical and electronic applications, as well as rechargeable batteries, are common in any economy. They also contain a number of important and valuable metals. It is critical to investigate the impact of these new materials or volume sources on the metal market dynamics. This paper investigates the impact of responsible recycling within the European region on metal price volatility. As far as we know, no empirical studies have been conducted to assess the role of metal recycling in metal market price volatility. The goal of this paper is to test the claim that metal recycling helps to cushion price volatility. A set of circular economy indicators/variables, namely, 1) annual total trade values of recycled metals, 2) annual volume of scrap traded and 3) circular material use rate, and 4) information about recycling, are used to estimate the volatility of monthly spot prices of regular metals. A combination of the GARCH-MIDAS model for mixed frequency data sampling and a simple GARCH (1,1) model for the same frequency variables was adopted to examine the potential links between each variable and price volatility. We discovered that from 2010 to 2019, except for Nickel, scrap consumption (Millions of tons), Scrap Trade Values, and Recycled Material use rate had no significant impact on the price volatility of standard metals (Aluminum, Lead) and precious metals (Gold and Platinum). Worldwide interest in recycling has no impact on returns or volatility. Specific interest in metal recycling did have a link to the mean return equation for Aluminum, Gold and to the volatility equation for lead and Nickel.

Keywords: recycling, circular economy, price volatility, GARCH, mixed data sampling

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799 The Problems with the Amendment of a Living Trust in South Africa

Authors: Rika van Zyl

Abstract:

It was ruled that an inter vivos trust must be amended according to the rules of the stipulatio alteri, or ‘contract in favour of a third party’, that South African adopted from its Roman-Dutch common law. The application of the principles of the stipulatio alteri on the inter vivos trust has developed in case law to imply that once the beneficiary has accepted benefits, he becomes a party to the contract. This consequently means that he must consent to any amendments that the trustees want to make. This poses practical difficulties such as finding all the beneficiaries that have accepted to sign the amendment that the trustees would want to circumvent in administering the trust. One of the questions relating to this issue is, however, whether the principles of the stipulatio alteri are correctly interpreted and consequently applied to the inter vivos trust to mean that the beneficiaries who accepted must consent to any amendment. The subsequent question relates to the rights the beneficiary receives upon acceptance. There seems to be a different view of what a vested right or a contingent right of the beneficiary means in relation to the inter vivos trust. These rights also have an impact on the amendment of a trust deed. Such an investigation and refining of the interpretation of the stipulatio alteri’s application on the inter vivos trust may result in solutions to circumvent the adverse effects of getting the beneficiary’s consent for amendments.

Keywords: inter vivos trust, stipulatio alteri, amendment, beneficiary rights

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798 Mapping the Metamorphosis of the Nigerian Female: A Womanist Approach to the Novels of Chimamanda Ngozi Adichie

Authors: Vidhya R

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The claim of feminists that women are made and not born is neither to set women on par with men nor to discriminate one from the other, but to establish and reiterate the fact that both the sexes have to understand, recognize and appreciate each other’s ability and responsibility thus to contribute to the peaceful co-existence of both, leading to the creation of a better and brave new world, which is neither patriarchal nor matriarchal. But history has repeatedly recorded the relegation of women to the secondary position consummated through the highly biased cultural, ritualistic and customary practices across the globe. In Africa, bracing herself against many odds through generations, the African woman who has been facing multiple jeopardy promulgated by racial, cultural, economic and gender discrimination has slowly started moving from the margins towards the center. The African woman was able to undertake the journey from the margins to the center bravely only because of her grit, grace, courage, confidence, and spirituality. This journey has resulted in the metamorphosis of the African woman’s psyche. Economic independence fortified with education has empowered the African woman. The various stages of metamorphosis are well delineated in the works of the contemporary Nigerian writer Chimamanda Ngozi Adichie. The objective of this research paper is to study the above said metamorphosis, the female protagonists undergo in Adichie’s novels. The approaches on which the study is based on are the Africana Womanist theory propounded by Clenora Hudson –Weems and African feminism of Carole Boyce Davies. The findings of this study lead towards establishing the proposition that the emergence and evolution of the Nigerian woman has resulted in the birth of a new breed of women – the Emphatic Female, manifested in the power packed portrayal of the female protagonists of Purple Hibiscus, Half of a Yellow Sun and Americanah by Chimamanda Ngozi Adichie.

Keywords: Africana womanism, African feminism, chimamanda ngozi adichie, metamorphosis, the emphatic female

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797 Lung Disease Detection from the Chest X Ray Images Using Various Transfer Learning

Authors: Aicha Akrout, Amira Echtioui, Mohamed Ghorbel

Abstract:

Pneumonia remains a significant global health concern, posing a substantial threat to human lives due to its contagious nature and potentially fatal respiratory complications caused by bacteria, fungi, or viruses. The reliance on chest X-rays for diagnosis, although common, often necessitates expert interpretation, leading to delays and potential inaccuracies in treatment. This study addresses these challenges by employing transfer learning techniques to automate the detection of lung diseases, with a focus on pneumonia. Leveraging three pre-trained models, VGG-16, ResNet50V2, and MobileNetV2, we conducted comprehensive experiments to evaluate their performance. Our findings reveal that the proposed model based on VGG-16 demonstrates superior accuracy, precision, recall, and F1 score, achieving impressive results with an accuracy of 93.75%, precision of 94.50%, recall of 94.00%, and an F1 score of 93.50%. This research underscores the potential of transfer learning in enhancing pneumonia diagnosis and treatment outcomes, offering a promising avenue for improving healthcare delivery and reducing mortality rates associated with this debilitating respiratory condition.

Keywords: chest x-ray, lung diseases, transfer learning, pneumonia detection

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796 Scientific Interpretation of “Fertilizing Winds” Mentioned in Verse 15:22 of Al-Quran

Authors: Md. Mamunur Rashid

Abstract:

Allah (SWT) bestowed us with the Divine blessing, providing the wonderful source of water as stated in verse 15:22 of Al-Quran. Arabic “Ar-Riaaha Lawaaqiha (ٱلرِّيَـٰحَ لَوَٰقِحَ)” of this verse is translated as “fertilizing winds.” The “fertilizing winds” literally, refer the winds of having the roles: to fertilize something similar to the “zygotes” in humans and animals (formation of clouds in the sky in this case); to produce fertilizers for the plants, crops, etc.; and to pollinate the plants. In this paper, these roles of “fertilizing winds” have been validated by presenting the modern knowledge of science in this regard. Existing interpretations are mostly focused on the “formation of clouds in the sky” while few of them mention about the pollination of trees. However, production of fertilizers, in this regard, has not been considered by any translator or interpreter. It has been observed that the winds contain, the necessary components of forming the clouds; the necessary components of producing the fertilizers; and the necessary components to pollinate the plants. The Science of Meteorology gives us the clear understanding of the formation of clouds. Moreover, we know that the lightning bolts breaks the nitrogen molecules of winds and the water molecules of vapor to form fertilizers. Pollination is a common role of winds in plants fertilization. All the scientific phenomena presented here give us the better interpretations of “fertilizing winds.”

Keywords: Al-Quran, fertilizing winds, meteorology, scientific

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