Search results for: underpinning legal theory

Authors: Martha Matashu

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This study examined corporate governance and economic growth trends in Sub Saharan African (SSA) countries. The need for corporate governance arise from the fact that the day to day running of the business is done by management who in accordance with the neoclassical theory and agency theory have inborn tendencies to use the resources of the company to their advantage. This prevails against a background where the endogenous economic growth theory hold the assumption that economic growth is an outcome of the overall performance of all companies within an economy. This suggest that corporate governance at firm level determine economic growth through its impact on the overall performance. Nevertheless, insight into literature suggest that efforts to promote corporate governance in countries across SSA since the 1980s to date have not yet yielded desired outcomes. The board responsibilities, shareholder rights, disclosure and transparency, protection of minority shareholder, and liability of directors were thus used as proxies of corporate governance because these are believed to be mechanisms that are believed to enhance company performance their effect on enhancing accountability and transparency. Using panel data techniques, corporate governance and economic growth data for 29 SSA countries from the period of 2008 to 2019 was analysed. The findings revealed declining economic growth trend despite an increase in corporate governance aspects such as director liability, shareholders’ rights, and protection of minority shareholder in SSA countries. These findings are in contradiction to the popularly held theoretical principles of economic growth and corporate governance. The study reached the conclusion thata nonlinearrelationship exists between corporate governance and economic growth within the selectedSSA countries during the period under investigation. This study thus recommends that measures should be taken to create conditions for corporate governance that would bolster significant positive contributions to economic growth in the region.

Keywords: corporate governance, economic growth, sub saharan Africa, agency theory, endogenous theory

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Authors: Vathya Anindita Putri, Henny Saptatia Drajati Nugrahani

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This research aims to explore the representation of Nordic mythology in the commercial film titled “Thor” produced by the Marvel Cinematic Universe. First, the Nordic mythology adaptation and representation in “Thor” compared to other media. Second, the importance of using the mise en scene technique, the comprehensive portrayal of Nordic mythology and the audience's experiences in enjoying the film. This research is conducted using qualitative methods. The two research questions are analyzed using three theories: Adaptation theory by Robert Stam, Mise en Scene theory by Jean-Luc Godard, and Cultural Criticism theory by Michel Foucault. Robert Stam emphasizes the importance of social and historical in understanding film adaptations. Film adaptations always occur in a specific cultural and historical context; therefore, authors and producers must consider these factors when creating a successful adaptation. Jean-Luc Godard uses the “politiques des auteurs” approach to understand that films are not just cultural products made for entertainment, but they are works of art by authors and directors. It is important to explore how authors and directors convey their ideas and emotions in their films, in this case, a film set in Nordic mythology. Foucault takes an approach to analyzing power that considers how power operates and influences social relationships in a specific context. Foucault’s theory is used to analyze how the representation of Nordic mythology is used as an instrument of power by the Marvel Cinematic Universe to influence how the audience views Nordic mythology. The initial findings of this research are that the fusion of Nordic mythology with modern superhero storytelling in the film “Thor” produced by Marvel, is successful. The film contains conflicts in the modern world and represents the symbolism of Nordic mythology. The rich and interesting atmosphere of Nordic mythology is presented through epic battle scenes, captivating character roles, and the use of visual effects that make the film more vivid and real.

Keywords: adaptation theory, cultural criticism theory, film criticism, Marvel cinematic universe, Mise en Scene theory, Nordic mythology

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Authors: Luljeta Plakolli-Kasumi

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In the digital age, the relationship between traditional property rights and online intellectual property rights is becoming increasingly complex. On the one hand, the internet and advancements in technology have allowed for the widespread distribution and use of digital content, making it easier for individuals and businesses to access and share information. On the other hand, the rise of digital piracy and illegal file-sharing has led to increased concerns about the protection of intellectual property rights. This paper aims to examine the relationship between traditional property rights and online intellectual property rights in the digital age by analyzing the current legal frameworks, key challenges and controversies that arise, and potential solutions for addressing these issues. The paper will look at how traditional property rights concepts such as ownership and possession are being applied in the online context and how they intersect with new and evolving forms of intellectual property such as digital downloads, streaming services, and online content creation. It will also discuss the tension between the need for strong intellectual property protection to encourage creativity and innovation and the public interest in promoting access to information and knowledge. Ultimately, the paper will explore how the legal system can adapt to better balance the interests of property owners, creators, and users in the digital age.

Keywords: intellectual property, traditional property, digital age, digital content

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Authors: Kwan U. Kim, Jin Sim, Ryong Jin Jang, Sung Duk Kim

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It is Leverrier that discovered the precession of the perihelion in the planetary orbits for the first time in the world, while it is Einstein that explained the astronomical phenomenom for the first time in the world. The amount of the precession of the perihelion for Einstein’s theory of gravitation has been explained by means of the inverse fourth power force(inverse third power potential) introduced totheory of gravitation through Schwarzschild metric However, the methodology has a serious shortcoming that it is impossible to explain the cause for the precession of the perihelion in the planetary orbits. According to our study, without taking the cause for the precession of the perihelion, 6 methods can explain the amount of the precession of the perihelion discovered by Leverrier. Therefore, the problem of what caused the perihelion to precess in the planetary orbits must be solved for physics because it is a profound scientific and technological problem for a basic experiment in construction of relativistic theory of gravitation. The scientific solution to the problem proved that Einstein’s explanation for the planetary orbits is a magic made by the numerical expressions obtained from fictitious gravitation introduced to theory of gravitation and wrong definition of proper time The problem of the precession of the perihelion seems solved already by means of general theory of relativity, but, in essence, the cause for the astronomical phenomenon has not been successfully explained for astronomy yet. The right solution to the problem comes from generalized theory of gravitation. Therefore, in this paper, it has been shown that by means of Schwarzschild field and the physical quantities of relativistic Lagrangian redflected in it, fictitious gravitation is not the main factor which can cause the perihelion to precess in the planetary orbits. In addition to it, it has been shown that the main factor which can cause the perihelion to precess in the planetary orbits is the inverse third power force existing really in the relativistic region in the Solar system.

Keywords: inverse third power force, precession of the perihelion, fictitious gravitation, planetary orbits

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Authors: Brittany L. Kang

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One familiar theory of the origin of multiple personalities focuses on how symptoms of trauma or abuse are central causes, as seen in paradigmatic examples of the condition. The theory states that multiple personalities constitute a congenital condition, as babies all exhibit multiplicity, and that generally alters only remain separated due to trauma. In more typical cases, the alters converge and become a single identity; only in cases of trauma, according to this account, do the alters remain separated. This theory is misleading in many aspects, the most prominent being that not all multiple personality patients are victims of child abuse or trauma, nor are all cases of multiple personality observed in early childhood. The use of this criterion also causes clinical problems, including an inability to identify multiple personalities through the variety of symptoms and traits seen across observed cases. These issues present a need for revision in the currently applied criterion in order to separate the notion of child abuse and to be able to better understand the origins of multiple personalities itself. Identifying multiplicity through the application of identity theories will improve the current criterion, offering a bridge between identifying existing cases and understanding their origins. We begin by applying arguments from Wiggins, who held that each personality within a multiple was not a whole individual, but rather characters who switch off. Wiggins’ theory is supported by observational evidence of how such characters are differentiated. Alters of older ages are seen to require different prescription lens, in addition to having different handwriting. The alters may also display drastically varying styles of clothing, preferences in food, their gender, sexuality, religious beliefs and more. The definitions of terms such as 'personality' or 'persons' also become more distinguished, leading to greater understanding of who is exactly able to be classified as a patient of multiple personalities. While a more common meaning of personality is a designation of specific characteristics which account for the entirety of a person, this paper argues from Wiggins’ theory that each 'personality' is in fact only partial. Clarification of the concept in question will allow for more successful future clinical applications.

Keywords: identification, multiple personalities, origin, Wiggins' theory

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Authors: Malik Imtiaz Ahmad

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The prime sources of Islamic Law or Shariah are Quran and Sunnah and is applied to the personal and public affairs of Muslims. Islamic law is deemed to be divine and furnishes a complete code of conduct based upon universal values to build honesty, trust, righteousness, piety, charity, and social justice. The primary focus of this paper was to examine the development of Islamic jurisprudence (Fiqh) over time and its relevance to the field of Islamic finance. This encompassed a comprehensive analysis of the historical context, key legal principles, and their application in contemporary financial systems adhering to Islamic principles. This study aimed to elucidate the deep-rooted connection between Islamic law and finance, offering valuable insights for practitioners and policymakers in the Islamic finance sector. Understanding the historical context and legal underpinnings is crucial for ensuring the compliance and ethicality of modern financial systems adhering to Islamic principles. Fintech solutions are developing fields to accelerate the digitalization of Islamic finance products and services for the harmonization of global investors' mandate. Through this study, we focus on institutional governance that will improve Sharia compliance, efficiency, transparency in decision-making, and Islamic finance's contribution to humanity through the SDGs program. The research paper employed an extensive literature review, historical analysis, examination of legal principles, and case studies to trace the evolution of Islamic law and its contemporary application in Islamic finance, providing a concise yet comprehensive understanding of this intricate relationship. Through these research methodologies, the aim was to provide a comprehensive and insightful exploration of the historical evolution of Islamic law and its relevance to contemporary Islamic finance, thereby contributing to a deeper understanding of this unique and growing sector of the global financial industry.

Keywords: sharia, sequencing Islamic jurisprudence, Islamic congruent marketing, social development goals of Islamic finance

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Authors: Todd Sayre

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The proprietary balance sheet represents equity as the shareholders’ net worth. FASB (1985) codified the proprietary format with the justification that shareholders, like partners and proprietors, owned and had “ownership interests” in the net assets. The results of the hypotheses tests imply that shareholders do not resemble owners nor do they have ownership interests in the net assets. Accordingly, the paper argues that replacing the proprietary format with an entity format in corporate reporting would not only help corporate reports to be more representationally faithful, but would also help people to recognize that are entities onto themselves.

Keywords: proprietary theory, entity theory, earned capital approach, corporate governance

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Authors: Thapelo Jacob Moloi

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This paper purports to present the findings in relation to the competencies of commercial grain farmers using a classic grounded theory method. A total of about eighteen semi-structured interviews with farmers, former farmers, farm workers, and agriculture experts were conducted. Findings explored competencies in the form of skills, knowledge and personal attributes that commercial grain farmers possess. Skills range from production skills, financial management skill, time management skill, human resource management skill, planning skill to mechanical skill. Knowledge ranges from soil preparation, locality, and technology to weather knowledge. The personal attributes that contribute to shaping a commercial grain farmer are so many, but for this study, seven stood out as a passion, work dedication, self-efficacy, humbleness, intelligence, emotional stability, and patience.

Keywords: grain farming, farming competencies, classic grounded theory, competency model

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Authors: Eurico Lima Basto, Ofélia Pinto, Anabela Silva, Amélia Ferreira-Da-Silva

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The purpose if this study is two-fold: on the one hand, to identify the accounting information systems implemented in third sector organizations, as well as its components, its tools and the decisions and control purposes they serve; on the other hand, and by confronting these two theories - institutional theory versus rational choice – we intent to go further by understanding the reasons behind the adoption of the aforementioned tools. Data has been collected from third sector organizations operating in Portugal. Our sample includes all juridical types of organizations such as foundations, cooperative, associations or private institutions of social solidarity. The questionnaire contained sixteen close-ended questions and four open-questions. Results confirm the theoretical perspective of institutionalism. Most third sector organizations operating in Portugal implemented only traditional accounting tools like standard accounting statements, cost accounting, budgeting. Moreover, there is clear evidence that the decisions about the implementation of these tools were coercive oriented. With this study it is intended to contribute to a better understanding of the context of third sector organizations in Portugal, in particular the role that accounting plays in this sector, with a special focus on management accounting tools, and the factors that influence their use and the degree of their usefulness in the process of decision making.

Keywords: third sector, accounting tools, institutional theory, Portugal, descriptive research

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Authors: Pippa Sipanoun, Jo Wray, Kate Oulton, Faith Gibson

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Background: With rapidly evolving digital health innovation, there is a need for digital health transformation that is accessible and sustainable, that demonstrates utility for all stakeholders while maintaining data safety. Great Ormond Street Hospital for Children aimed to future-proof the hospital by transitioning to an electronic patient record (EPR) system with a tethered patient portal (MyGOSH) in April 2019. MyGOSH patient portal enables patients 12 years or older (with their parent's consent) to access their digital health data. This includes access to results, documentation, and appointments that facilitate communication with their care team. As part of the Going Digital Study conducted between 2018-2021, data were collected from a sample of all relevant stakeholders before and after EPR and MyGOSH implementation. Data collection reach was wide and included the hospital legal and ethics teams. Aims: This study aims to understand the ethical and legal implications of young people and their parents accessing their digital health data. Methods: A focus group was conducted. Recruited participants were members of the Great Ormond Street Hospital Paediatric Bioethics Centre. Participants included expert and lay members from the Committee from a variety of professional or academic disciplines. Written informed consent was provided by all participants (n=7). The focus group was recorded, transcribed verbatim, and analyzed using thematic analysis. Results: Six themes were identified: access, competence and capacity - granting access to the system; inequalities in access resulting in inequities; burden, uncertainty and responding to change - managing expectations; documenting, risks and data safety; engagement, empowerment and understanding – how to use and manage personal information; legal considerations and obligations. Discussion: If healthcare professionals are to empower young people to be more engaged in their care, the importance of including them in decisions about their health is paramount, especially when they are approaching the age of becoming the consenter for treatment. Complexities exist in assessing competence or capacity when granting system access, when disclosing sensitive information, and maintaining confidentiality. Difficulties are also present in managing clinician burden, managing user expectations whilst providing an equitable service, and data management that meets professional and legal requirements. Conclusion: EPR and tethered-portal implementation at Great Ormond Street Hospital for Children was not only timely, due to the need for a rapid transition to remote consultations during the COVID-19 pandemic, which would not have been possible had EPR/MyGOSH not been implemented, but also integral to the digital health revolution required in healthcare today. This study is highly relevant in understanding the complexities around young people and their parents accessing their digital health data and, although the focus of this research related to portal use and access, the findings translate to young people in the wider digital health context. Ongoing support is required for all relevant stakeholders following MyGOSH patient portal implementation to navigate the ethical and legal complexities. Continued commitment is needed to balance the benefits and burdens, promote inclusion and equity, and ensure portal utility for patient benefit, whilst maintaining an individualized approach to care.

Keywords: patient portal, young people and their parents, ethical, legal

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Authors: Andrea Musumeci

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General theory of translation has suffered the lack of a homogeneous academic dialect, a holistic methodology to account for the diversity of factors involved in the discipline. An underlying pattern amongst theories of translation belonging to different periods and schools has been identified. Such pattern, which is linguistics oriented, could play a role towards unified academic and professional environments, both in terms of research and as a professional category. The implementation of such an approach has also led to a critique of the concept of equivalence, as being not the best of ways to account for translating phenomena.

Keywords: optimal, translating, research translation theory, methodology, descriptive analysis

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Authors: Adel Atta Youssef Rezkalla

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Russia's invasion of Ukraine tested the international community and prompted not only states but also non-state actors to take deterrent measures in response. In fact, international sports federations, notably FIFA and UEFA, have managed to shift the power dynamic quite effectively by imposing a blanket ban on Russian national teams and clubs. The purpose of this article is to examine the human rights consequences of such actions by international sports organizations. First, the article moves away from assessing the legal status of FIFA and UEFA under international law and examines the question of how a legal connection can be established with their human rights obligations. Secondly, the human rights aspects of the controversial FIFA and UEFA measures against Russian athletes are examined and these are analyzed in more detail using the proportionality test than the principle of non-discrimination under international human rights law. Finally, the main avenues for redress for possible human rights violations related to the actions taken by these organizations are identified and the challenges of arbitration and litigation in Switzerland are highlighted.

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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Authors: Mahmoudi Noureddine

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In this study the use of two variable refined plate theories of laminated composite plates to static response of laminated plates. The plate theory accounts for parabolic distribution of the transverse shear strains, and satisfies the zero traction boundary conditions on the surfaces of the plate without using shear correction factor. The validity of the present theory is demonstrated by comparison with solutions available in the literature and finite element method. The result is presented for the static response of simply supported rectangular plates under uniform sinusoidal mechanical loadings.

Keywords: bending, composite, laminate, plates, fem

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Authors: Jie Zhang, Chaomin Zhang, Jihua Zhang, Haitong Li

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Using the theory of optimal distinctiveness, this study examines the effects of conformity and differentiation within corporate social responsibility (CSR) practices on capital market performance. Analysing data from Chinese A-share listed firms from 2007 to 2022, this paper demonstrates that when firms conform to the expected scope of CSR, such behaviour enhances investor attention and market acceptance, thereby boosting stock liquidity. Conversely, emphasising differentiation in CSR practices more effectively mitigates stock price crash risk by addressing principal–agent problems and decreasing information asymmetry. This paper also investigates how organisational and environmental factors moderate the relationship between conformity and differentiation in CSR practices and their impact on capital market performance. The results also show that the influence of conformity on stock liquidity is accentuated in smaller firms and environments with stringent legal oversight. By contrast, the benefits of differentiation in reducing stock price crash risk are amplified in firms with robust corporate governance and markets characterised by high uncertainty.

Keywords: corporate social responsibility, social responsibility practices, capital market performance, optimal distinctiveness

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Authors: Anna Kizinska

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The research aims at discussing Polish and British incongruent terms that refer to company law. The Polish terms under analysis appear in the Polish Code of Commercial Partnerships and Companies and constitute legal terms or factual terms. The English equivalents of each Polish term under research appear in two Polish Code of Commercial Partnerships and Companies translations into English. The theoretical part of the paper includes the presentation of the definitions of a system-bound term and incongruity of terms. The aim of the analysis is to check if the classification of translation methods used in civil law terms translation comprehends the translation methods applied while translating company law terms into English. The translation procedures are defined according to Newmark. The stages of the research include 1) presentation of a definition of a Polish term, 2) enumerating the so-far published English equivalents of a given Polish term and comparing their definitions (as long as they appear in English law dictionaries ) with the definition of a given Polish term under analysis, 3) checking whether an English equivalent appears or not in, among others, the sources of the British law (legislation.gov.uk database) , 4) identifying the translation method that was applied while forming a given English equivalent.

Keywords: translation, legal terms, equivalence, company law, incongruency

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Authors: Abilio Avila, Orestis Terzidis

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A fundamental principle of Grounded Theory (GT) is to prevent the formation of preconceived theories. This implies the need to start a research study with an open mind and to avoid being absorbed by the existing literature. However, to start a new study without an understanding of the research domain and its context can be extremely challenging. This paper presents a research approach that simultaneously supports a researcher to identify and to focus on critical areas of a research project and prevent the formation of prejudiced concepts by the current body of literature. This approach comprises of four stages: Selection of secondary case studies, analysis of secondary case studies, development of an initial conceptual framework, development of an initial interview guide. The analysis of secondary case studies as a starting point for a research project allows a researcher to create a first understanding of a research area based on real-world cases without being influenced by the existing body of theory. It enables a researcher to develop through a structured course of actions a firm guide that establishes a solid starting point for further investigations. Thus, the described approach may have significant implications for GT researchers who aim to start a study within a given research area.

Keywords: grounded theory, interview guide, qualitative research, secondary case studies, secondary data analysis

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Authors: Berhane Tewelday Weldhiwot

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This research investigates the pivotal role of modular forms in modern cryptographic systems, particularly focusing on their applications in secure communications and data integrity. Modular forms, which are complex analytic functions with rich arithmetic properties, have gained prominence due to their connections to number theory and algebraic geometry. This study begins by outlining the fundamental concepts of modular forms and their historical development, followed by a detailed examination of their applications in cryptographic protocols such as elliptic curve cryptography and zero-knowledge proofs. By employing techniques from analytic number theory, the research delves into how modular forms can enhance the efficiency and security of cryptographic algorithms. The findings suggest that leveraging modular forms not only improves computational performance but also fortifies security measures against emerging threats in digital communication. This work aims to contribute to the ongoing discourse on integrating advanced mathematical theories into practical applications, ultimately fostering innovation in cryptographic methodologies.

Keywords: modular forms, cryptography, elliptic curves, applications, mathematical theory

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Authors: Didem Aslantaş

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In this study, the reforms carried out by the Justice and Development Party, which came to power in 2002, and how the foreign policy understanding it transformed reflected on the relations with Syria will be analyzed from the social constructivist theory. Contrary to the increasing security concerns of the states after the September 11 attacks, the main problem of the research is how the relations between Syria and Turkey developed and how they progressed in non-security dimensions. In order to find an answer to this question, the basic assumptions of the constructivist theory will be used. Since there is a limited number of studies in the literature, a comparative analysis of the Adana Consensus and the Cooperation Agreement between the Republic of Turkey and the Syrian Arab Republic, and the Joint Cooperation Agreement Against Terrorism and Terrorist Organizations will be included. In order to answer the main problem of the research and to support the arguments, document and archive scanning methods from qualitative research methods will be used. In the first part of the study, what the social constructivist theory is and its basic assumptions are explained, while in the second part, Turkey-Syria relations between 2002-2011 are included. In the third and last part, the relations between the two countries will be tried to be read through social constructivism by referring to the foreign policy features of the Ak Party period.

Keywords: Social Constructivist Theory, foreign policy analysis, Justice and Development Party, Syria

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Authors: Diana A. Sokolova

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This article is devoted to one of the possibilities for identifying the author of an oral or written text - sociolinguistic profiling. Sociolinguistic profiling is utilized as a forensic linguistics technique to identify individuals through language patterns, particularly in criminal cases. It examines how social factors influence language use. This study aims to showcase the significance of linguistic profiling for attributing authorship in texts and emphasizes the necessity for its continuous enhancement while considering its strengths and weaknesses. The study employs semantic-syntactic, lexical-semantic, linguopragmatic, logical, presupposition, authorization, and content analysis methods to investigate linguistic profiling. The research highlights the relevance of sociolinguistic profiling in authorship attribution and underscores the importance of ongoing refinement of the technique, considering its limitations. This study emphasizes the practical application of linguistic profiling in legal settings and underscores the impact of social factors on language use, contributing to the field of forensic linguistics. Data collection involves collecting oral and written texts from criminal and civil court cases to analyze language patterns for authorship attribution. The collected data is analyzed using various linguistic analysis methods to identify individual characteristics and patterns that can aid in authorship attribution. The study addresses the effectiveness of sociolinguistic profiling in identifying authors of texts and explores the impact of social factors on language use in legal contexts. In spite of advantages challenges in linguistics profiling have spurred debates and controversies in academic circles, legal environments, and the public sphere. So, this research highlights the significance of sociolinguistic profiling in authorship attribution and emphasizes the need for further development of this method, considering its strengths and weaknesses.

Keywords: authorship attribution, detection of identifying, dialect, features, forensic linguistics, social influence, sociolinguistics, unique speech characteristics

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Authors: Ram Dayal

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Since inception of the modern Olympic Games in 1896 in Athens, Greece, it has undergone a paradigm shift over a period of more than a century. It originated with the purpose of inculcating physical and moral qualities, sense of aesthetics, ethical and spiritual value and educating young people, through the spread of the philosophy of amateurism, which is free from the vices of racial discrimination, any country’s domination, corruption, doping menace and political interference. Now, it has metamorphosed into the arena where only professionalism matters and has been reduced to the show of strength for countries analogous to the cold war. Rather than spirit of sports, the economics of sports is the more relevant underpinning. Changes in medal tally over a period of time and its correlation with the changing geo-political structure have been evaluated quantitatively using regression analyses, which have yielded statistically significant relationship among variables. The present study also tries to explore this shift in Olympic spirit through historical approach, using books, thesis, dissertations, articles, related documents. The present study will help evaluate the Olympic ideals with modern perspective and the need to replace or reinstall the same in order to nurture and rejuvenate the modern Olympic movement.

Keywords: challenges, games, olympic, sports

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Authors: Iyad Jadalhaq, Mohammed El Hadi El Maknouzi

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The place of Islamic law in the legal system of the UAE is best understood by introducing a differentiation between its role as a formal source of law and its influence as a material source of law. What this differentiation helps clarify is that the corpus of Islamic law constitutes a much deeper influence on adjudication, law-making and the legal profession in the UAE, than it might appear at first sight, by considering its formal position in the division of labor between courts, or legislative lists of sources of law. This paper aims to examine the role of Shariah in the UAE private law system by determining the comprehensiveness of Sharia in the legal system as a whole, and not in a limited way related to it as a source of law according to Article 1 of the Civil Transactions Law. Turning to the role of the Shariah as a formal source of law, it is useful to start from Article 1 of the UAE Civil Code. This provision lays out the formal hierarchy of sources of UAE private law, these being legislation, Islamic law, and custom. Hence, when deciding a civil dispute, a judge should first refer to positive legislation in force in the UAE. Lacking the rule to cover the case before him/her, the judge ought then to refer directly to Islamic law. If the matter lacks regulation in Islamic law, only then may the judge appeal to custom. Accordingly, in connection to civil transactions, Shariah is presented here, formally, as the second source of law. Still, Shariah law addresses many other issues beyond civil transactions, including matters of morals, worship, and belief. However, in Article 1 of the UAE Civil Code, the reference to Islamic law ought to be understood as limited to the rules it lays out for civil transactions. There are four main sets of courts in the judicial systems of the UAE, whose competence is based on whether a dispute touches upon civil and commercial transactions, criminal offenses, personal statuses, or labor relations. This sectorial and multi-tiered organization of courts as a whole constitutes an institutional development compatible with the long-standing affirmation in the Shariah of the legitimacy of the judiciary. Indeed, Islamic law authorizes the governing authorities to organize the judiciary, including by allocating specific types of cases to particular kinds of judges depending on the value of the case, or by assigning judges to a specific place in which they are to exercise their jurisdictional function. In view of this, the contemporary organization of courts in the UAE can be regarded as an organic adaptation, aligned with Shariah rules on the assignment of jurisdictional authority, to the growing complexity of modern society. Therefore, we can conclude to the comprehensive role of Shariah in the entire legal system of the United Arab Emirates, including legislation, a judicial system, institutional, and administrative work.

Keywords: Islamic jurisprudence, Shariah, UAE civil code, UAE private law

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Authors: Belete Abebaw, Mulugeta Atinafu, Awoke Shishigu

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The study aimed to examine students’ problem-solving skills through mixed instruction (variation theory based Geogerba assisted problem-solving instructional approaches). A total of 125 students divided into 4 intact groups participated in the study. The study employed a quasi-experimental research design. Three intact groups were randomly assigned as a treatment group, while one group was taken as a comparison group. Each of the groups took a specific instructional approach, while the comparison group proceeded as usual without any changes to the instructional process for all sessions. Both pre and post problem-solving tests were administered to all groups. To analyze the data and examine the differences (if any) in each group, ANCOVA and Paired samples t-tests were employed. There was a significant mean difference between students pre-test and post-test in their conceptual understanding of each treatment group. Furthermore, the mixed treatment had a large mean difference. It was recommended that teachers give attention to using variation theory-based geometry problem-solving approaches for students’ better understanding. Administrators should emphasize launching Geogebra software through IT labs in schools, and government officials should appreciate the implementation of technology in schools.

Keywords: conceptual understanding, Geogebra, learning geometry, problem solving approaches, variation theory

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Authors: Abosede Priscilla Ipadeola

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The quest for egalitarian justice requires a suitable theoretical foundation that can address the problem of marginalization and subjugation arising from various forms of oppression, such as sexism, racism, classism, and others. Many thinkers and societies have appealed to contractarianism, a theory that has been widely regarded as a doctrine of egalitarianism by some political theorists for about five centuries. Despite its numerous criticisms, the social contract still enjoys a prominent status as a key theory for egalitarian justice. However, Pateman and Mills have contended that the contractarian approach legitimizes gender and racial inequalities by excluding and marginalizing women and people of color from the original agreement. Therefore, the social contract is incapable of generating or fostering equality. This study proposes postcontractarianism, which is a viable alternative to the social contract. Postcontractarianism argues that the basis for egalitarianism cannot be grounded on agreement but rather on understanding. Postcontractarianism draws on Jorge Nef’s idea of mutual vulnerability and Obiri (an African theory of cosmology) to argue for the imperative of social equality.

Keywords: postcontractarianism, obiri, mutual vulnerability, egalitarianism, the social contract

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Authors: Arnaud Deshais

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The supply chain industry has integrated the need for supplier Diversity and Inclusion (D&I), mostly from an ethical and moral argument. In addition, in some countries, it is also a legal requirement for companies reaching a certain size. As a matter of fact, a lot of successful companies have developed a Corporate Social Responsibility Program that encourages diversity and inclusion in the supply chain, such as building strong relationships with minority owned businesses (women, LGBT, veterans, etc.). Outside ethical and legal perspectives, it is also worth researching the economic and financial benefits of pursuing such efforts. Through surveys of purchasing and supply chain managers in their current roles as well as review of some case studies on supplier based D&I programs, it becomes apparent that a financial return on investment is to be expected as well for companies who make a concerted effort to grow their D&I programs. The study explores the levers to increase shareholder value and business efficiencies. Finally, the research highlights the competitive advantage related to a broad minority based supplier network. The benefits manifest themselves in the areas of competitiveness, innovation, and collaboration. The economic reward ends up being at the forefront of those programs while being an opportunity for organizations to become 'a good citizen'.

Keywords: diversity, inclusion, purchasing, supplier

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Authors: Lilia Righi

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Recently, the fashion industry has demonstrated a keen interest in sustainability and the environment. Sustainable fashion has huge potential and appeals to environmentally conscious Generation Z shoppers. Meanwhile, Generation Z customers have attracted researchers' interest due to their overconsumption of clothing. However, most studies in this area focus on designing or producing sustainable clothing, with little exploration of consumers. To fill this gap, the present study aims to determine the important factors influencing Generation Z consumers' decisions to purchase sustainable fashion by mobilizing the theory of planned behavior (TPB). It uses deductive qualitative research based on 18 semi-structured interviews with Generation Z consumers in France. Qualitative data will be analyzed using reflective thematic analysis. On a theoretical level, this research contributes to enriching the literature by mobilizing, for the first time, the theory of planned behavior in the context of sustainable fashion. On a practical level, the results can help practitioners determine effective marketing strategies to persuade Generation Z to consume sustainable clothing.

Keywords: generation Z, qualitative methodology, sustainable fashion, theory of planned behavior (TPB).

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Authors: A. Kellou, L. Rouaiguia, L. Rabahi

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In the present work, the atomic hydrogen absorption trend in the GdNi5 and GdNi4Cu rare earth compounds within the hexagonal CaCu5 type of crystal structure (space group P6/mmm) is investigated. The density functional theory (DFT) combined with the generalized gradient approximation (GGA) is used to study the site preference of atomic hydrogen at 0K. The octahedral and tetrahedral interstitial sites are considered. The formation energies and structural properties are determined in order to evaluate hydrogen effects on the stability of the studied compounds. The energetic diagram of hydrogen storage is established and compared in GdNi5 and GdNi4Cu. The magnetic properties of the selected compounds are determined using spin polarized calculations. The obtained results are discussed with and without hydrogen addition taking into account available theoretical and experimental results.

Keywords: density functional theory, hydrogen storage, rare earth compounds, structural and magnetic properties

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Authors: Ramzi Suleiman

Abstract:

Recently, the author proposed an observationally-based relativity theory termed information relativity theory (IRT). The theory is simple and is based only on basic principles, with no prior axioms and no free parameters. For the case of a body of mass in uniform rectilinear motion relative to an observer, the theory transformations uncovered a matter-dark matter duality, which prescribes that the sum of the densities of the body's baryonic matter and dark matter, as measured by the observer, is equal to the body's matter density at rest. It was shown that the theory transformations were successful in predicting several important phenomena in small particle physics, quantum physics, and cosmology. This paper extends the theory transformations to the cases of rotating disks and spheres. The resulting transformations for a rotating disk are utilized to derive predictions of the radial distributions of matter and dark matter densities in rotationally supported galaxies based solely on their observed rotation curves. It is also shown that for galaxies with flattening curves, good approximations of the radial distributions of matter and dark matter and of the dark matter fraction could be obtained from one measurable scale radius. Test of the model on five galaxies, chosen randomly from the SPARC database, yielded impressive predictions. The rotation curves of all the investigated galaxies emerged as accurate traces of the predicted radial density distributions of their dark matter. This striking result raises an intriguing physical explanation of gravity in galaxies, according to which it is the proximal drag of the stars and gas in the galaxy by its rotating dark matter web. We conclude by alluding briefly to the application of the proposed model to stellar systems and black holes. This study also hints at the potential of the discovered matter-dark matter duality in fixing the standard model of elementary particles in a natural manner without the need for hypothesizing about supersymmetric particles.

Keywords: dark matter, galaxies rotation curves, SPARC, rotating disk

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Authors: Wenjin Zhu, Ian E. Jacobs, Henning Sirringhaus

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We have demonstrated a model system for the controlled incorporation of tie-chains into semicrystalline conjugated polymers using blends of different molecular weights that leads to a significant increase in electrical conductivity. Through careful assessment of the microstructural evolution upon tie chain incorporation we have demonstrated that no major changes in phase morphology or structural order in the crystalline domains occur and that the observed enhancement in electrical conductivity can only be explained consistently by tie chains facilitating the transport across grain boundaries between the crystalline domains. Here we studied the thermoelectric properties of aligned, ion exchange-doped ribbon phase PBTTT with blends of different molecular weight components. We demonstrate that in blended films higher electrical conductivities (up to 4810.1 S/cm), Seebeck coefficients and thermoelectric power factors of up to 172.6 μW m-1 K-2 can be achieved than in films with single component molecular weights. We investigate the underpinning thermoelectric transport physics, including structural and spectroscopic characterization, to better understand how controlled tie chain incorporation can be used to enhance the thermoelectric performance of aligned conjugated polymers.

Keywords: organic electronics, thermoelectrics, conjugated polymers, tie chain

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Authors: Nikoletta G. Karytsioti

Abstract:

The European Union’s function and effectiveness are still an issue that minds, bringing about division even in the member-states interior. Recently, more serious issues have been added in the Union’s malfunction, which affects not only the Union’s function but also their residents’ safety. One of these issues is the migration crisis, which frustrates the European Union’s balances and the stability. The present paper’s aim to frame and interpret the Greek public opinion in basic migration matters, throughout the political philosophy and specifically via John Rawls ‘Theory of Justice’. The theory is deployed to examine if it may be used in a practical way, on a tangible issue and in a specific area. In order to obtain a real frame of the public opinion about the matter of migration, a questionnaire was addressed to Greek people. The sample was chosen for three main reasons: a) Greeks are experienced in the migration as they had migrated in the past, b) many young people migrated the recent years after the debt crisis, c) Greece is a reception state. Being based in the Theory of Justice and specifically in the ‘veil of ignorance’, is tried to overcome the obstacles of human nature’s subjectivity, while examining the variations in the responses per social group. The questionnaire will have demographic questions and special interest questions, related with the crisis, before and after ‘the veil of ignorance’. The paper’s originality comes from the fact that it is the first time that a philosophical theory is used to examine the migration issue in a practical manner. The main goals of the paper are three: - To examine the differences/similarities in the responses before and after the veil of ignorance, - to reveal opinions on migration crisis from E.U. citizens and - to confirm or not the practical usefulness of the Political Philosophy as a highlighting tool

Keywords: European Union, immigrants, migration crisis, political philosophy, theory of justice, veil of ignorance

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Authors: Vesna Lukovic

Abstract:

Online platforms as new business models play an important role in today’s economy and the functioning of the EU’s internal market. In the travel industry, algorithms used by online platforms for short-stay accommodation provide suggestions and price information to travelers. Those suggestions and recommendations are displayed in search results via recommendation (ranking) systems. There has been a growing consensus that the current legal framework was not sufficient to resolve problems arising from platform practices. In order to enhance the potential of the EU’s Single Market, smaller businesses should be protected, and their rights strengthened vis-à-vis large online platforms. The Regulation (EU) 2019/1150 of the European Parliament and of the Council on promoting fairness and transparency for business users of online intermediation services aims to level the playing field in that respect. This research looks at Airbnb through the lenses of this regulation. The research explores key determinants and finds that although regulation is an important step in the right direction, it is not enough. It does not entail sufficient clarity obligations that would make online platforms an intermediary service which both accommodation providers and travelers could use with ease.

Keywords: algorithm, online platforms, ranking, consumers, EU regulation

Procedia PDF Downloads 130