Search results for: religious court
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 1296

Search results for: religious court

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

Authors: Chak Kwong Lau

Abstract:

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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515 U-Turn on the Bridge to Freedom: An Interaction Process Analysis of Task and Relational Messages in Totalistic Organization Exit Conversations on Online Discussion Boards

Authors: Nancy Di Tunnariello, Jenna L. Currie-Mueller

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Totalistic organizations include organizations that operate by playing a prominent role in the life of its members through embedding values and practices. The Church of Scientology (CoS) is an example of a religious totalistic organization and has recently garnered attention because of the questionable treatment of members by those with authority, particularly when members try to leave the Church. The purpose of this study was to analyze exit communication and evaluate the task and relational messages discussed on online discussion boards for individuals with a previous or current connection to the totalistic CoS. Using organizational exit phases and interaction process analysis (IPA), researchers coded 30 boards consisting of 14,179 thought units from the Exscn.net website. Findings report all stages of exit were present, and post-exit surfaced most often. Posts indicated more tasks than relational messages, where individuals mainly provided orientation/information. After a discussion of the study’s contributions, limitations and directions for future research are explained.

Keywords: Bales' IPA, organizational exit, relational messages, scientology, task messages, totalistic organizations

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514 Intestacy and Business Continuity among Entrepreneurs in Ondo State, Nigeria

Authors: Igbekoyi Olusola Esther, Olurankinse Felix

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This paper examined the factors that militate against Will writing among entrepreneurs in Ondo State Nigeria and the effect of intestate death on business continuity after the exit of the entrepreneurs. The paper was written with a view to providing information on the reasons why intestate death is common among entrepreneurs in Ondo State and the effects on continuity of business after death of the initial owners. Data were obtained from primary source through the administration of questionnaires to entrepreneurs drawn from 50 registered manufacturing companies. These companies have been in existence for a minimum of 10 years with minimum staff strength of 20 workers each. These companies were selected using the purposive random sampling technique in order to capture firms that meet the requirements of this paper. Data obtained were analyzed using descriptive statistics, chi-square and regression analysis. The findings of the paper revealed that administration of Will, traditional beliefs, Will execution procedures, age and non- admissibility of Wills in court are the major factors that militates against Will writing among entrepreneurs in Ondo State. It was also discovered that chaos and instability in business, reduction in sales and productivity, poor succession planning, polygamous nature of marriages, difficulty in sourcing for funds and gender preference are joint predictors of business continuity in event intestate death which is evident in the result where R2 =.954;(F 6, 26)= 89.644; (P < 0.01). The individual beta co-efficient, t- statistics and significance of each variable revealed that gender preference (.735; 7.031; .000) and poor succession plan (.402; 2.840; .009) have significant positive effect on business continuity; while reduction in sales and productivity (-.059; -.335; .740) and difficulty in sourcing for funds (-.217; -1.367; .188) have negative effect; other variables also have positive relationship but they are not significant. It is therefore concluded that business continuity after the exit of the entrepreneur is highly dependent on the rebuilding of confidence on Wills administration in ondo state Nigeria, proper succession planning and elimination of gender preferences.

Keywords: intestacy, business continuity, entrepreneurs, will, succession planning

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513 Integrating a Universal Forensic DNA Database: Anticipated Deterrent Effects

Authors: Karen Fang

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Investigative genetic genealogy has attracted much interest in both the field of ethics and the public eye due to its global application in criminal cases. Arguments have been made regarding privacy and informed consent, especially with law enforcement using consumer genetic testing results to convict individuals. In the case of public interest, DNA databases have the strong potential to significantly reduce crime, which in turn leads to safer communities and better futures. With the advancement of genetic technologies, the integration of a universal forensic DNA database in violent crimes, crimes against children, and missing person cases is expected to deter crime while protecting one’s privacy. Rather than collecting whole genomes from the whole population, STR profiles can be used to identify unrelated individuals without compromising personal information such as physical appearance, disease risk, and geographical origin, and additionally, reduce cost and storage space. STR DNA profiling is already used in the forensic science field and going a step further benefits several areas, including the reduction in recidivism, improved criminal court case turnaround time, and just punishment. Furthermore, adding individuals to the database as early as possible prevents young offenders and first-time offenders from participating in criminal activity. It is important to highlight that DNA databases should be inclusive and tightly governed, and the misconception on the use of DNA based on crime television series and other media sources should be addressed. Nonetheless, deterrent effects have been observed in countries like the US and Denmark with DNA databases that consist of serious violent offenders. Fewer crimes were reported, and fewer people were convicted of those crimes- a favorable outcome, not even the death penalty could provide. Currently, there is no better alternative than a universal forensic DNA database made up of STR profiles. It can open doors for investigative genetic genealogy and fostering better communities. Expanding the appropriate use of DNA databases is ethically acceptable and positively impacts the public.

Keywords: bioethics, deterrent effects, DNA database, investigative genetic genealogy, privacy, public interest

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512 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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511 Redefining of Islamic Unity based on Imam Khomeini Points of View

Authors: Mohammad Molavi, Mohsen Nourai

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The emancipation of the Muslim nation from the numerous problems and achieving to the decent position is one of the old desires of Muslim. Increasing efforts to realize this wish based on religious and rational teachings is the main goal for Muslim reformist. Almost all scholars relying on the Qur'an teaching emphasize on the significant role of Islamic Unity for the revival of Islamic civilization. But their methods for achieving to the Islamic Unity are not so clear. Generally speaking, failure to provide specific solutions, uncertainty in the face of universal literature in politics and governance, and etc. are some of the challenges facing the Islamic Unity.This paper via the descriptive-analytical method and by focusing on theoretical aspects of the subject has attempted to analyze Imam Khomeini points of view. Research findings show that there are several significant differences between Imam Khomeini's idea of Islamic Unity and ideas like 'Pan-Turkism', 'Pan-Arabism' and so on. Some of Imam Khomeini's principles in this regard are as follow: Strategic approach to unity, relying on juridical certain and systematic attitude, comprehensive approach, Holistic, rationality, and moderation. So, there is no any generality speaking or ambiguity in Khomeini's thought.

Keywords: Qur'an, Imam Khomeini, islamic unity, islamic nation, islamic political thought

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510 Justice and the Juvenile: Changing Trends and Developments

Authors: Shikhar Shrivastava, Varun Khare

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Background: We are confronted by a society that is becoming more complex, more mobile, and more dysfunctional. Teen pregnancy, suicide, elopement, and the perusal of dangerous drugs have become commonplace. In addition, children do not settle their disputes as they once did. Guns and knives are quotidian. Therefore, it has been an exigent to have a "Juvenile Code" that would provide specific substantive and procedural rules for juveniles in the justice system. However, until the twentieth century, there was little difference between how the justice system treated adults and children. Age was considered only in terms of appropriate punishment and juveniles were eligible for the same punishment as adults. Findings: The increased prevalence and legislative support for specialized courts, Juvenile Justice Boards, including juvenile drug, mental health and truancy court programs, as well as diversion programs and evidence-based approaches into the fabric of juvenile justice are just a few examples of recent advances. In India, various measures were taken to prosecute young offenders who committed violent crimes as adults. But it was argued that equating juveniles with adult criminals was neither scientifically correct nor normatively defensible. It would defeat the very purpose of the justice system. Methodology and Conclusion: This paper attempts to bring forth the results of analytical and descriptive research that examined changing trends in juvenile justice legislation. It covers the investigative and inspective practices of police, the various administrative agencies who have roles in implementing the legislation, the courts, and the detention centers. In this paper we shall discuss about how the juvenile justice system is the dumping ground for many of a youths’ problem. The changing notions of justice, from retributive to restorative and rehabilitative shall be discussed. A comparative study of the Juvenile act in India and that of the U.S has been discussed. Specific social institutions and forces that explain juvenile delinquency are identified. In addition, various influences on juvenile delinquency are noted, such as families, schools, peer groups and communities. The text concludes by addressing socialization, deterrence, imprisonments, alternatives, restitution and preventions.

Keywords: juvenile, justice system, retributive, rehabilitative, delinquency

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509 The Land of a Thousand Temples and the Place Where America’s Day Begins: A Religious Point of View

Authors: Ulysses Story

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The two vast island regions of Indonesia and Micronesia are linked through ancient connections and share similar cultural and spiritual values. The islands of Bali and Guam are the focus of this paper, and the research explores the foundational values and beliefs of each island community and the challenges they face in the modern world. Each community has been sustained for thousands of years through rich cultural and spiritual philosophies that give them meaning and purpose in their lives and help connect individuals and families to each other, to the natural world, and to spiritual forces. Each share a similar history of colonial rule marked with violence and struggle. This research is informed through ethnographic methodologies, drawing particularly on participant observation and in-depth interviews conducted in both Bali and Guam. An appreciation of the collective viewpoint of these communities was gained through cultural immersion in the philosophies of Inafamaolek in Guam and Tri Hita Karana in Bali. The research highlights how spiritual and cultural values and philosophies serve indigenous people as they strive to hold on to their foundational beliefs and practices and yet move forward in the modern world.

Keywords: Inafamaolek, Guam, Tri Hita Karana, Bali

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508 Religiosity and Social Factors on Alcohol Use among South African University Students

Authors: Godswill Nwabuisi Osuafor, Sonto Maria Maputle

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Background: Abounding studies found that religiosity and social factors modulate alcohol use among university students. However, there is a scarcity of empirical studies examining the protective effects of religiosity and other social factors on alcohol use and abuse in South African universities. The aim of this study was therefore to assess the protective effects of religiosity and roles of social factors on alcohol use among university students. Methodology: A survey on the use of alcohol among 416 university students was conducted using structured questionnaire in 2014. Data were sourced on religiosity and contextual variables. Students were classified as practicing intrinsic religiosity or extrinsic religiosity based on the response to the measures of religiosity. Descriptive, chi square and binary logistic analyses were used in processing the data. Result: Results revealed that alcohol use was associated with religiosity, religion, sex, family history of alcohol use and experimenting with alcohol. Reporting alcohol abuse was significantly predicted by sex, family history of alcohol use and experimenting with alcohol. Religiosity mediated lower alcohol use whereas family history of alcohol use and experimenting with alcohol promoted alcohol use and abuse. Conclusion: Families, religious groups and societal factors may be the specific niches for intervention on alcohol use among university students.

Keywords: religiosity, alcohol use, protective factors, university students

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507 Re-Victimization of Sex Trafficking Victims in Canada: Literature Review

Authors: Adrianna D. Hendricks

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This paper examines the factors that contribute to the re-traumatization of victims of sex trafficking within the Canadian context. Sex trafficking occurring domestically in Canada is severely under-researched, stigmatized, and under-prosecuted, leading to the re-traumatization of victims by various levels of government. This is in part due to the Canadian criminal justice system unethically utilizing prostitution laws in cases of sex trafficking and partially due to the unaddressed stigmatization victims face within the justice system itself. Utilizing evidence from a current literature review, personal correspondence, and personal life experiences, this paper will demonstrate the need for victim involvement in policy reform. The current literature review was done through an academic database search using the terms: “Sex Trafficking, Exploitation, Canada”, with the limitation of articles written within the last five years and written within the Canadian context. Overall, from the results, only eight articles precisely matched the criteria. The current literature argues strongly and unanimously for more research and education of professionals who have close contact with high-risk populations (doctors, police officers, social workers, etc.) to protect both minors and adults from being sexually trafficked. Additionally, for women and girls who do not have Canadian citizenship, the fear of deportation becomes a barrier to disclosing exploitation experiences to professionals. There is a desperate need for more research done in tandem with survivors and victims to inform policymaking in a meaningful way. The researcher is a survivor of sex trafficking both as a youth and as an adult, giving the researcher a unique insight into the realities of the criminal justice system for victims of sex trafficking. Congruent to the current research, the author calls for standardized professional training for people in healthcare, police officers, court officials, and victim services, with the additional layer of victim involvement. Justice for victims/survivors can only be obtained if they have been consulted and believed. Without meaningful consultation with survivors, victims who are both minors and adults will continue to fall through the cracks in policy.

Keywords: Canadian policy, re-traumatization, sex-trafficking, stigmatization

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506 The Jurisprudential Evolution of Corruption Offenses in Spain: Before and after the Economic Crisis

Authors: Marta Fernandez Cabrera

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The period of economic boom generated by the housing bubble created a climate of social indifference to the problem of corruption. This resulted in the persecution and conviction for these criminal offenses being low. After the economic recession, social awareness about the problem of corruption has increased. This has led to the Spanish citizenship requiring the public authorities to try to end the problem in the most effective way possible. In order to respond to the continuous social demands that require an exemplary punishment, the legislator has made changes in crimes against the public administration in the Spanish Criminal Code. However, from the point of view of criminal law, the social change has not served to modify only the law, but also the jurisprudence. After the recession, judges are punishing more severely these conducts than in the past. Before the crisis, it was usual for criminal judges to divert relevant behavior to other areas of the legal system such as administrative law and acquit in the criminal field. Criminal judges have considered that administrative law already has mechanisms that can effectively deal with this type of behavior in order to respect the principle of subsidiarity or ultima ratio. It has also been usual for criminal judges to acquit civil servants due to the absence of requirements unrelated to the applicable offense. For example, they have required an economic damage to the public administration when the offense in the criminal code does not require it. Nevertheless, for some years, these arguments have either partially disappeared or considerably transformed. Since 2010, a jurisprudential stream has been consolidated that aims to provide a more severe response to corruption than it had received until now. This change of opinion, together with greater prosecution of these behaviors by judges and prosecutors, has led to a significant increase in the number of individuals convicted of corruption crimes. This paper has two objectives. The first one is to show that even though judges apply the law impartially, they are flexible to social changes. The second one is to identify the erroneous arguments the courts have used up until now. To carry out the present paper, it has been done a detailed analysis of the judgments of the supreme court before and after the year 2010. Therefore, the jurisprudential analysis is complemented with the statistical data on corruption available.

Keywords: corruption, public administration, social perception, ultima ratio principle

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505 Changing Trends of Population in Nashik District, Maharashtra, India

Authors: Pager Mansaram Pandit

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The present paper aims to changing trends of population in Nashik district. The spatial variation of changing trends of population from 1901 to 2011. Nasik, lying between 19° 33’ and 20° 53’ north latitude and 73° 16’ and 75° 16’, with an area of 15530 Sq. K.M.North South length is 120 km. East West length is 200 km. Nashik has a population of 6,109,052 of which 3,164,261 are males and 2,944,791 and females. Average literacy rate of Nashik district in 2011 was 82.91 compared to 80.96 in 2001. In 1901 the density was 52 and in 2011 the density was 393 per sq. km. The progressive growth rate from 1901 to 2012 was 11.25 to 642.22 percent, respectively. The population trend is calculated with the help of time series. In 1901 population was 45.44% more and less in 1941 i.e. -13.86. From 1921 to 1981 the population was below the population trend but after 1991 population it gradually increased. The average rainfall it receives is 1034 mm. In the present times, because of advances in good climate, industrialization, development of road, University level educational facilities, religious importance, cargo services, good quality of grapes, pomegranates and onions, more and more people are being attracted towards Nashik districts. Another cause for the increase in the population is the main attraction of Ramkund, Muktidham Temple, Kalaram Temple, Coin Museum, and Trimbakeshwar.

Keywords: density, growth, population, population trend

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504 The Emerging Post-Islamism and the Politics of Pakistan’s Jamaat-i-Islami in the Contemporary Muslim World

Authors: Shahzada Gulfam

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Islamism was considered as a new phenomenon in Muslim World to revolt against static Religious Traditionalists and the Imperialists. Islamist political parties viewed the establishment of an Islamic state within the limits of Sharia’h as their destination. The Islamists movements like Ikhwan-ul Muslimun, Jamaat-i-Islami etc. did appear with revolutionary agenda but were contained by military forces and the secular modernists of Muslim World. The Muslim rulers, historically could not respect the democratic and moral norms and equally emerged as dictators in democracies, military rule as well as in monarchies. The Arab Spring did not follow the Islamists agenda but gathered the common masses against the corrupt rulers to have a just democratic political system. The Islamic State and Sharia’h were not their immediate targets but the achievement of moral norms in Muslim societies and eradication of dictatorial rule were the basic aims. This phenomenon is named as post-Islamism. The political struggle of PAT (Pakistan Awami Tehreek) and the PTI (Pakistan Tehreek-i-Insaf) has been following the footsteps of Arab Spring and can be noted as the extension of Arab Spring in Muslim World. The results of this struggle would define the fate of Post-Islamism in Pakistan. Has Jamaat-i-Islami got the potential to reform its agenda accordingly? This paper intends to study the Jamaat’s struggle and tries to predict Jamaat’s role in post-Islamism scenario. There is a clear distinction between the people of religion and the people following the popular materialistic westernized value system. This division is also evident in political parties. Pakistan has been ruled mostly by the secular parties and rulers. The inability to establish Islamic system by replacing the imperial system has created militancy and revolt which requires the establishment of a sound model Islamic based system in the country. The political parties of Pakistan could not device a modernize agenda, equally acceptable in modernized world and addressing the prevailing issues and also having the indigenous religious and cultural roots. The inability of Jamaat-i-Islami Pakistan to transform its agenda accordingly to serve the post-Islamism has made it irrelevant in Pakistan’s politics. Once Jamaat leaves behind its hard position as an Islamist party and accepts the post-Islamism as beginning to create its idealized state and society, it can pursue its agenda gradually. The phenomenon of post-Islamism does not make Islamists irrelevant but invites them to listen to the priorities of masses rather than insisting on the agenda of their respective ideologues to be followed for all times. The ruling Muslim democrats and military dictators of Pakistan have been following unfair means to sustain their political power which gave rise to space for the new political parties to emerge and organize agitation successfully in Pakistani Politics. Jamaat-i-Islami could not fill that space to be an agent of Post-Islamism and could not break their chains which had been tying them to the prevailing failed democracy of Pakistan. Post-Islamists are the addressers of the rulers corruption and are struggling for reforms in system. Jamaat due to its ideological compulsions could not transform its agenda accordingly. The new scenario indicates that the Post-Islamism which emerged in Arab World can be taken as first step to establish democracy and justice in state and society and then the establishment of Islamic law and the establishment of an Islamic state should have been the next targets. This gradual agenda would have delivered public support to the Jamaat which deserved that but PTI & PAT have cashed this opportunity in Pakistani politics by strengthening their respective vote banks.

Keywords: arab spring, islamic state, islamic political parties, muslim world, post-islamism

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503 Influence of Age and Religion on Sexual Behaviours of Undergraduates in Southwest, Nigeria

Authors: Tosin Emmanuel Akinduyo, F. O. Ojewola

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This study investigated the influence of age and religion on the sexual behaviours of undergraduates in southwest Nigeria. The aim of this study is to examine the sexual behaviour of undergraduates based on moderating variables of age and religion. The research design was a descriptive research design of the survey type. The sample for the study was 1,200 undergraduates selected through a multi-stage sampling procedure. A self-constructed questionnaire titled “Sexual Behaviours Questionnaire” (SBCUQ) with Pearson reliability (r) of 0.68 was used to elicit information from the respondents. Two research questions were answered using frequency count, percentage, means, and standard deviation. The two hypotheses were tested using t-test and ANOVA. Where the result of ANOVA showed a significant difference, the Scheffe Posthoc test was used to show where the significant difference (s) occurred. The findings of the study revealed that age and religion influenced undergraduates’ sexual behaviour. Based on the findings, the government at all tiers, in collaboration with the university management, should introduce sex education as a course to enlighten undergraduates and inform them of moderation needed as expected in their sexual expressions. Professional counsellors and religious organizations should always line up seminars and workshops for undergraduates on acceptable engagement in their sexual behaviours.

Keywords: age, religion, sexual behaviuors, undergraduates

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502 Recovery in Serious Mental Illness: Perception of Health Care Trainees in Morocco

Authors: Sophia El Ouazzani, Amer M. Burhan, Mary Wickenden

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Background: Despite improvements in recent years, the Moroccan mental healthcare system still face disparity between available resources and the current population’sneeds. The societal stigma, and limited economic, political, and human resources are all factors in shaping the psychiatric system, exacerbating the discontinuity of services for users after discharged from the hospital. As a result, limited opportunities for social inclusion and meaningful community engagement undermines human rights and recovery potential for people with mental health problems, especially those with psychiatric disabilities from serious mental illness (SMI). Recovery-oriented practice, such as mental health rehabilitation, addresses the complex needs of patients with SMI and support their community inclusion. The cultural acceptability of recovery-oriented practice is an important notion to consider for a successful implementation. Exploring the extent to which recovery-oriented practices are used in Morocco is a necessary first step to assess the cultural relevance of such a practice model. Aims: This study aims to explore understanding and knowledge, perception, and perspective about core concepts in mental health rehabilitation, including psychiatric disability, recovery, and engagement in meaningful occupations for people with SMI in Morocco. Methods: A pilot qualitative study was undertaken. Data was collected via semi-structured interviews and focusgroup discussions with healthcare professional students. Questions were organised around the following themes: 1) students’ perceptions, understanding, and expectations around concepts such as SMI, mental health disability, and recovery, and 2) changes in their views and expectations after starting their professional training. Further analysis of students’ perspectives on the concept of ‘meaningful occupation’ and how is this viewed within the context of the research questions was done. The data was extracted using an inductive thematic analysis approach. This is a pilot stage of a doctoral project, further data will be collected and analysed until saturation is reached. Results: A total of eight students were included in this study which included occupational therapy and mental health nursing students receiving training in Morocco. The following themes emerged as influencing students’ perceptions and views around the main concepts: 1) Stigma and discrimination, 2) Fatalism and low expectations, 3) Gendered perceptions, 4) Religious causation, 5) Family involvement, 6) Professional background, 7) Inaccessibility of services and treatment. Discussion/Contribution: Preliminary analysis of the data suggests that students’ perceptions changed after gaining more clinical experiences and being exposed to people with psychiatric disabilities. Prior to their training, stigma shaped greatly how they viewed people with SMI. The fear, misunderstanding, and shame around SMI and their functional capacities may contribute to people with SMI being stigmatizedand marginalised from their family and their community. Religious causations associated to SMIsare understood as further deepening the social stigma around psychiatric disability. Perceptions are influenced by gender, with women being doubly discriminated against in relation to recovery opportunities. Therapeutic pessimism seems to persist amongst students and within the mental healthcare system in general and regarding the recovery potential and opportunities for people with SMI. The limited resources, fatalism, and stigma all contribute to the low expectations for recovery and community inclusion. Implications and future directions will be discussed.

Keywords: disability, mental health rehabilitation, recovery, serious mental illness, transcultural psychiatry

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501 Effectiveness of Qanun Number 14 of 2013 on Khalwat, Nasty in the Enforcement of Islamic Shari'a in Banda Aceh, Aceh Province

Authors: Muhadam Labolo, Mughny Ibtisyam Mukhlis, Zulkarnaen, Safira Maulida Rahman Soulisa

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This research is motivated by one of the functions of government is a regulatory function. Aceh Province, especially in Banda Aceh City has special autonomy, one of them is in the application of Islamic law, but when the law implemented to the citizen, there are many problems happens. One of the problems faced by the Government and people of Banda Aceh was Seclusion. Seclusion/nasty silent act between two people mukallafor more of the opposite sex who is not mahram or without marriage. This study aims to determine and analyze how the effectiveness of the policy as well as enabling and inhibiting factors of Qanun Number 14 of 2003 On Khalwat (nasty) in sharia Islam Islamic law in the city of Banda Aceh. This type of research is qualitative research method is a descriptive and inductive approach. The source of data used is People, Problem, Phenomenon, and programs, while the data collection through field studies and literature such as interviews, observation, and documentation. The results of this study were analyzed by using data reduction, display data, conclusions, and verification. The results showed that the Qanun Number 14 of 2003 on Khalwat (nasty) in the establishment of Islamic law in Banda Aceh is still not effective. It is seen from the high number of violations seclusion committed by Banda Aceh citizen, especially among teenagers, lack of socialization, as well as a lack of budgetary support for the implementation of Islamic Law in Banda Aceh. The supporting factors are 1) Coordination and communication among agencies had been walking steadily. 2) Facilities and infrastructure Syar'iah Court of Banda Aceh and the Office of Sharia Islam Banda Aceh that very good. 3) The Cultural majority of the people of Banda Aceh that support. Inhibiting factors: 1) There are no written duties of each institution for the prosecution case Seclusion. 2) The lack of socialization programs. 3) Lack of facilities and infrastructure Municipal Police Unit and the WH less. 4) Lack of control by the family. 5) The absence of training for officials Municipal Police Units and the Wilayatul Hisbah Banda Aceh.

Keywords: effectiveness, Islamic Sharia, Khalwat, Qanun

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500 Countering Violent Extremism: Challenges and Possibilities for Muslim Ummah

Authors: Altaf Ahmed

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Unhindered progress and advancement of life are directly associated with peace and development. Unfortunately, many modern states are prone to the perilous of social challenges; Violent Extremism is the most ubiquitous adversary among all. Islam in its origin fully supports peace and security; the charter of Madina, the treaty of Hudabia and conquer of Mecca are the biggest examples in this reference. The holy Prophet Muhammad ﷺ always gave priority to peace in these cases. Today, the majority of the Muslim World faces VE and terrorism due to multiple reasons ranging from religious interpretations to political, social and economic conditions. This research will try to explore challenges for Muslim Ummah in maintaining peace and what steps have been taken by it to resolve conflicts among states. In this context, Sustainable development goals (SDGs) will be particularly analysed. SDGs were adopted by all United Nations Member States in 2015. It is an undeniable fact that these are the best peace-building tools. Although there are 17 SDGs, the paper will mainly focus on quality education, zero hunger, end of poverty (social protection), women empowerment, reduced inequalities and economic growth as the best peace-building approaches for eradication of violent extremism.

Keywords: violent extremism, Muslim Ummah, peace, modern world, education

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499 The States of Stage Indigenous Operatic Production in Nigeria

Authors: David Bolaji

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Operatic production in Nigeria emanates from the traditional theatrical performances rooted in the ritual festival and traditional religious ceremonies among different cultures in Nigeria. The existence and the performative continuum of opera in Nigeria have been in the limelight of stage productions and diverse performances before the presence of Europeans in Nigeria. However, the transformation of this musical genre evolved from an indigenous concept into an art form that is acceptable within the circumference theatrical platform globally. The present state of stage operatic production has gone into extinction as the result of diverse factors, which include: a lack of scripted operatic works by Nigerian art composers, disconnection and lack of continuation from the artistic, theatrical contributions of the foremost folk operatic practitioners in Nigeria and lack of progressive transformation of stage operatic production into screen production in Nigeria. The bibliography method was employed in this study. Also, the use of interviews and questionnaires was adopted. Findings reveal that the extinction of operatic production can be corrected through the intentional act of composing scripted operatic works by Nigerian art composers; by establishing a collaborative effort between the scriptwriters (librettists) and the Nigerian art composers, operatic stage performance could be transformed in screen production to create more awareness of it in the society.

Keywords: operatic production, extinction, nigerian art music, and nigerian art composers

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498 Visible Expression of Social Identity: The Clothing and Fashion

Authors: Nihan Akdemir

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Clothes are more than a piece of fabric, and the most visible material item of the fashion symbol is the garment, which carries multiple and various meanings. The dynamism of the clothing symbol can carry open or closed codes depending on culture, gender, and social location. And each one can be the expression of social identity over ethnicity, religious beliefs, age, education and social class. Through observation of clothing styles over these items, the assumptions could be made about a person’s identity. A distinctive and typical style, form or character of the clothing such as ‘zoot suits’, ‘ao dai’, removes the garment from functional and ordinary element to the symbolic area. Clothing is an 'identification' tool that functions in determining the symbolic boundaries between people in a sense. And this paper includes the investigation of the relation between social identity and clothing and also fashion. And this relationship has been taken into consideration over the visual expression because even during the ancient times, the clothes were the basic and simple way of representing the identity and social classes. The visible expression of identity over clothing from Ancient Egypt to today’s clothing and fashion has been researched in this article. And all these items have been explained with visual images and supported by the literature investigations. Then the results have shown that every piece of clothing from fabric to coloring have visual significations about social identity.

Keywords: social identity, clothing, fashion, visual expression, visual signification

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497 An Appraisal of the Attitude and Motivation of Almajiri (Teenage-Beggars) to Tsangaya Education System in Katsina and Zamfara States, Nigeria

Authors: Rasaq Ayodeji Iliyas

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Almajiris are teenage beggars who under the guise of been enlisted in religious study beg perpetually on the streets and homes. A poorly attended bridge gap juvenile education system called Tsangaya was instituted for them. This study appraised the attitude and motivation of the over 9 million Almajiris largely domiciled in the Northern Nigeria to the Government’s efforts at getting them educated. The study, a survey research design, employed validated structured interview instrument that showed a high reliability index (Alpha Cronbach- 0.86) to gather data. 950 Almajiris sampled across the 50 Local Government Areas of Katsina (36) and Zamfara (14) States, Nigeria participated in the study. Outcomes of the study revealed a chronic attitudinal problem from the Almajiris; and a peculiarly low motivation to the Tsangaya School. It was, however, recommended that traditional rulers should be mandated by government to sensitize parents on the many risks involved in the inhuman cultural practice, and the grave consequences of unskilled adult life of the children; and state governments should legislate against the demeaning Almajiri practice, which already misrepresents Islam.

Keywords: Almajiri, apraissal, Tsangaya education, motivation, attitude, motivation

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496 Socio-Cultural and Religious Contributions to Gender Wage Gap: A Meta-Analysis

Authors: R. Alothaim, T. Mishra

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Different researchers have reviewed the gender wage gap since early days between women and men to point out their difference to help bring about equality in production among them. Many fingers have been pointed out towards culture and religion as one of the major factors contributing to the gender wage gap throughout the years passed. Recent research has been done to give out equalization to this gap between men and women. The gender wage gap has raised serious concerns among nations and societies. Additionally, data, methodology and time periods have been affected by the gender wage gap, thus needing special decision making to help in the meta-study in the provision of quantitative review. Quality indicators have played a crucial role towards the education through stressing on enough consideration to help give a solution of equality and worth in the research study. The different research reviewed have given enough evidence and impact to point out that the major causes of this gender wage gap has resulted due to culture. On the other pedestal, religion may play a role to the issues of gender wage gap but with more emphasis on culture playing the bigger part. Furthermore, social status of individual has contributed to the wage gap difference between men and women. Labor market has played a vital role in empowering women, leading to the lower rate of the raw wage difference in the recent years.

Keywords: culture, gender wage gap, social, religion

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495 Juxtaposing Constitutionalism and Democratic Process in Nigeria Vis a Vis the South African Perspective

Authors: Onyinyechi Lilian Uche

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Limiting arbitrariness and political power in governance is expressed in the concept of constitutionalism. Constitutionalism acknowledges the necessity for government but insists upon a limitation being placed upon its powers. It is therefore clear that the essence of constitutionalism is obviation of arbitrariness in governance and maximisation of liberty with adequate and expedient restraint on government. The doctrine of separation of powers accompanied by a system of checks and balances in Nigeria like many other African countries is marked by elements of ‘personal government’ and this has raised questions about whether the apparent separation of powers provided for in the Nigerian Constitution is not just a euphemism for the hegemony of the executive over the other two arms of government; the legislature and the judiciary. Another question raised in the article is whether the doctrine is merely an abstract philosophical inheritance that lacks both content and relevance to the realities of the country and region today? The current happenings in Nigeria and most African countries such as the flagrant disregard of court orders by the Executive, indicate clearly that the concept constitutionalism ordinarily goes beyond mere form and strikes at the substance of a constitution. It, therefore, involves a consideration of whether there are provisions in the constitution which limit arbitrariness in the exercise of political powers by providing checks and balances upon such exercise. These questions underscore the need for Africa to craft its own understanding of the separation of powers between the arms of government in furtherance of good governance as it has been seen that it is possible to have a constitution in place which may just be a mere statement of unenforceable ‘rights’ or may be bereft of provisions guaranteeing liberty or adequate and necessary restraint on exercise of government. This paper seeks to expatiate on the importance of the nexus between constitutionalism and democratic process and a juxtaposition of practices between Nigeria and South Africa. The article notes that an abstract analysis of constitutionalism without recourse to the democratic process is meaningless and also analyses the structure of government of some selected African countries. These are examined the extent to which the doctrine operates within the arms of government and concludes that it should not just be regarded as a general constitutional principle but made rigid or perhaps effective and binding through law and institutional reforms.

Keywords: checks and balances, constitutionalism, democratic process, separation of power

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494 The Impact of Artificial Intelligence on Sustainable Architecture and Urban Design

Authors: Alfons Aziz Asaad Hozain

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The goal of sustainable architecture is to design buildings that have the least negative impact on the environment and provide better conditions for people. What forms of development enhance the area? This question was asked at the Center for the Study of Spatial Development and Building Forms in Cambridge in the late 1960s. This has resulted in many influential articles that have had a profound impact on the practice of urban planning. This article focuses on the sustainability outcomes caused by the climatic conditions of traditional Iranian architecture in hot and dry regions. Since people spend a lot of time at home, it is very important that these homes meet their physical and spiritual needs as well as the cultural and religious aspects of their lifestyle. In a country as large as Iran with different climates, traditional builders have put forward a number of logical solutions to ensure human comfort. With these solutions, the environmental problems of the have long been solved. Taking into account the experiences of traditional architecture in Iran's hot and dry climate, sustainable architecture can be achieved.

Keywords: sustainable development, human rights, the right to development, the human rights-based approach to development, environmental rights, economic development, social sustainability human rights protection, human rights violations, workers’ rights, justice, security

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493 Imposing Personal Liability on Shareholder's/Partner's in a Corporate Entity; Implementation of UK’s Personal Liability Institutions in Georgian Corporate Law: Content and Outcomes

Authors: Gvantsa Magradze

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The paper examines the grounds for the imposition of a personal liability on shareholder/partner, mainly under Georgian and UK law’s comparative analysis. The general emphasis was made on personal responsibility grounds adaptation in practice and presents the analyze of court decisions. On this base, reader will be capable to find a difference between the dogmatic and practical grounds for imposition personal liability. The first chapter presents the general information about discussed issue and notion of personal liability. The second chapter is devoted to an explanation the concept – ‘the head of the corporation’ to make it clear who is the subject of responsibility in the article and not to remain individuals beyond the attention, who do not hold the position of director but are participating in governing activities and, therefore, have to have fiduciury duties. After short comparative analysis of personal responsibility, the Georgian Corporate law reality is further discussed. Here, the problem of determining personal liability is a problematic issue, thus a separate chapter is devoted to the issue, which explains the grounds for personal liability imposition in details. Within the paper is discussed the content and the purpose of personal liability institutions under UK’s corporate law and an attempt to implement them, and especially ‘Alter Ego’ doctrine in Georgian corporate Law reality and the outcomes of the experiment. For the research purposes will be examined national case law in regard to personal liability imposition, as well as UK’s experience in that regard. Comparative analyze will make it clear, wherein the Georgian statute, are gaps and how to fill them up. The articles major finding as stated, is that Georgian Corporate law does not provide any legally consolidated grounds for personal liability imposition, which in fact, leads to unfaithful, unlawful actions on partners’/shareholders’ behalf. In order to make business market fair, advancement of a national statute is inevitable, and for that, the experience sharing from developed countries is an irreplaceable gift. Overall, the article analyses, how discussed amendments might influence case law and if such amendments were made years ago, how the judgments could look like (before and after amendments).

Keywords: alter ego doctrine, case law, corporate law, good faith, personal liability

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492 Reviewing the Relation of Language and Minorities' Rights

Authors: Mohsen Davarzani, Ehsan Lame, Mohammad Taghi Hassan Zadeh

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Language is considered as a powerful and outstanding feature of ethnicity. However, humiliating and prohibiting using human language is one the most heinous and brutal acts in the form of racism. In other words, racism can be a product of physiological humiliations and discrimination, such as skin color, and can also be resulted from ethnic humiliation and discrimination such as language, customs and so on. Ethnic and racial discrimination is one of the main problems of the world that minorities and occasionally the majority have suffered from. Nowadays, few states can be found in which all individuals and its citizens are of the same race and ethnicity, culture and language. In these countries, referred to as the multinational states, (eg, Iran, Switzerland, India, etc.), there are the communities and groups which have their own linguistic, cultural and historical characteristics. Characteristics of human rights issues, diversity of issues and plurality of meanings indicate that they appear in various aspects. The states are obliged to respect, as per national and international obligations, the rights of all citizens from different angles, especially different groups that require special attention in order of the particular aspects such as ethnicity, religious and political minorities, children, women, workers, unions and in case the states are in breach of any of these items, they are faced with challenges in local, regional or international fields.

Keywords: law, language, minorities, ethnicity

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491 Migration and Displacement: A Study on the Impact of Bangladeshi and Nepali Migration to North-Eastern India

Authors: Sri Mahan Borah

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The issue of migration and displacement is considered so sensitive that states have often linked it with their sovereignty, independence and even existence. Therefor, even in the era of globalisation no nation-state is ready to compromise with its territorial boundaries. The problem of migration and displacement has generated a range of socio-political, economic, ethnic, and communal tensions in India in general and northeastern States in particular. In such situation it becomes unpreventable to look over the issue so that a viable elucidation may emerge. The present paper is an attempt to understand the impact of Bangladeshi and Nepali migration to North-Eastern states of India through historical and analytical methods. In this course it will look into the emergence of the migration and displacement problem, its causes, impacts on security and other issues of national interest especially when the migration is illegal and poses multi-layered challenges to the Indian state. The nature of migration from these countries to India has been dissimilar. This is because of their different historical backgrounds, geographical variants, ethno-religious affinities, political systems and bilateral arrangements with India. It concludes inter alia that, India’s borders with Bangladesh and Nepal must be regulated and that resident migrants need to be strategically dealt with, keeping in mind age-old relationships with these countries and, more importantly, the nature and construct of our geography.

Keywords: migration, displacement, North-East, India

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490 Feeling Sorry for Some Creditors

Authors: Hans Tjio, Wee Meng Seng

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The interaction of contract and property has always been a concern in corporate and commercial law, where there are internal structures created that may not match the externally perceived image generated by the labels attached to those structures. We will focus, in particular, on the priority structures created by affirmative asset partitioning, which have increasingly come under challenge by those attempting to negotiate around them. The most prominent has been the AT1 bonds issued by Credit Suisse which were wiped out before its equity when the troubled bank was acquired by UBS. However, this should not have come as a surprise to those whose “bonds” had similarly been “redeemed” upon the occurrence of certain reference events in countries like Singapore, Hong Kong and Taiwan during their Minibond crisis linked to US sub-prime defaults. These were derivatives classified as debentures and sold as such. At the same time, we are again witnessing “liabilities” seemingly ranking higher up the balance sheet ladder, finding themselves lowered in events of default. We will examine the mechanisms holders of perpetual securities or preference shares have tried to use to protect themselves. This is happening against a backdrop that sees a rise in the strength of private credit and inter-creditor conflicts. The restructuring regime of the hybrid scheme in Singapore now, while adopting the absolute priority rule in Chapter 11 as the quid pro quo for creditor cramdown, does not apply to shareholders and so exempts them from cramdown. Complicating the picture further, shareholders are not exempted from cramdown in the Dutch scheme, but it adopts a relative priority rule. At the same time, the important UK Supreme Court decision in BTI 2014 LLC v Sequana [2022] UKSC 25 has held that directors’ duties to take account of creditor interests are activated only when a company is almost insolvent. All this has been complicated by digital assets created by businesses. Investors are quite happy to have them classified as property (like a thing) when it comes to their transferability, but then when the issuer defaults to have them seen as a claim on the business (as a choice in action), that puts them at the level of a creditor. But these hidden interests will not show themselves on an issuer’s balance sheet until it is too late to be considered and yet if accepted, may also prevent any meaningful restructuring.

Keywords: asset partitioning, creditor priority, restructuring, BTI v Sequana, digital assets

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489 Resiliency, Peer and Parental Support as Determinants of Adolescents' Social Adjustment among Secondary Students in Ilorin, Kwara State

Authors: Titilola Adebowale

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Some factors are responsible for the social adjustment among the adolescents. The study investigated resiliency, peer and parental support as factors that could determine social adjustment among adolescents in Ilorin, Kwara state. The study adopted descriptive survey research design. A sample size of 300 SS1 & SS2 students from ten secondary schools, six public and four private schools were randomly selected within Ilorin Metropolis. Self-structured questionnaire that was validated and the reliability ensured was used to collect data from the respondents. Four hypotheses were postulated and tested at 0.05 level of significance. Data collected was analysed using Pearson Product Moment Correlation (PPMC) and Regression Analysis. The findings revealed that there was a positive relationship between resiliency and social adjustment: r (298) = .402, p<0.01, r2 = .162; that there was a positive relationship between peer support and social adjustment: r (298) = .570, p<0.01, r2 = .325; that there was a positive relationship between parental support and social adjustment: r (298) = .451, p<0.01, r2 = .203; also reveals significant joint contribution of the independent variables (resilience, peer support, parental support) to the prediction of social adjustment: F (3,296) = 55.587, P<0.01. Various recommendations were given which includes the roles of government, agencies, individuals, parents, teachers, religious and marriage institutions.

Keywords: resiliency, peer support, parental support, adolescents, social adjustment

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488 Data Monetisation by E-commerce Companies: A Need for a Regulatory Framework in India

Authors: Anushtha Saxena

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This paper examines the process of data monetisation bye-commerce companies operating in India. Data monetisation is collecting, storing, and analysing consumers’ data to use further the data that is generated for profits, revenue, etc. Data monetisation enables e-commerce companies to get better businesses opportunities, innovative products and services, a competitive edge over others to the consumers, and generate millions of revenues. This paper analyses the issues and challenges that are faced due to the process of data monetisation. Some of the issues highlighted in the paper pertain to the right to privacy, protection of data of e-commerce consumers. At the same time, data monetisation cannot be prohibited, but it can be regulated and monitored by stringent laws and regulations. The right to privacy isa fundamental right guaranteed to the citizens of India through Article 21 of The Constitution of India. The Supreme Court of India recognized the Right to Privacy as a fundamental right in the landmark judgment of Justice K.S. Puttaswamy (Retd) and Another v. Union of India . This paper highlights the legal issue of how e-commerce businesses violate individuals’ right to privacy by using the data collected, stored by them for economic gains and monetisation and protection of data. The researcher has mainly focused on e-commerce companies like online shopping websitesto analyse the legal issue of data monetisation. In the Internet of Things and the digital age, people have shifted to online shopping as it is convenient, easy, flexible, comfortable, time-consuming, etc. But at the same time, the e-commerce companies store the data of their consumers and use it by selling to the third party or generating more data from the data stored with them. This violatesindividuals’ right to privacy because the consumers do not know anything while giving their data online. Many times, data is collected without the consent of individuals also. Data can be structured, unstructured, etc., that is used by analytics to monetise. The Indian legislation like The Information Technology Act, 2000, etc., does not effectively protect the e-consumers concerning their data and how it is used by e-commerce businesses to monetise and generate revenues from that data. The paper also examines the draft Data Protection Bill, 2021, pending in the Parliament of India, and how this Bill can make a huge impact on data monetisation. This paper also aims to study the European Union General Data Protection Regulation and how this legislation can be helpful in the Indian scenarioconcerning e-commerce businesses with respect to data monetisation.

Keywords: data monetization, e-commerce companies, regulatory framework, GDPR

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487 Standard Essential Patents for Artificial Intelligence Hardware and the Implications For Intellectual Property Rights

Authors: Wendy de Gomez

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Standardization is a critical element in the ability of a society to reduce uncertainty, subjectivity, misrepresentation, and interpretation while simultaneously contributing to innovation. Technological standardization is critical to codify specific operationalization through legal instruments that provide rules of development, expectation, and use. In the current emerging technology landscape Artificial Intelligence (AI) hardware as a general use technology has seen incredible growth as evidenced from AI technology patents between 2012 and 2018 in the United States Patent Trademark Office (USPTO) AI dataset. However, as outlined in the 2023 United States Government National Standards Strategy for Critical and Emerging Technology the codification through standardization of emerging technologies such as AI has not kept pace with its actual technological proliferation. This gap has the potential to cause significant divergent possibilities for the downstream outcomes of AI in both the short and long term. This original empirical research provides an overview of the standardization efforts around AI in different geographies and provides a background to standardization law. It quantifies the longitudinal trend of Artificial Intelligence hardware patents through the USPTO AI dataset. It seeks evidence of existing Standard Essential Patents from these AI hardware patents through a text analysis of the Statement of patent history and the Field of the invention of these patents in Patent Vector and examines their determination as a Standard Essential Patent and their inclusion in existing AI technology standards across the four main AI standards bodies- European Telecommunications Standards Institute (ETSI); International Telecommunication Union (ITU)/ Telecommunication Standardization Sector (-T); Institute of Electrical and Electronics Engineers (IEEE); and the International Organization for Standardization (ISO). Once the analysis is complete the paper will discuss both the theoretical and operational implications of F/Rand Licensing Agreements for the owners of these Standard Essential Patents in the United States Court and Administrative system. It will conclude with an evaluation of how Standard Setting Organizations (SSOs) can work with SEP owners more effectively through various forms of Intellectual Property mechanisms such as patent pools.

Keywords: patents, artifical intelligence, standards, F/Rand agreements

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