Search results for: underpinning legal theory
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 6082

Search results for: underpinning legal theory

5212 Improved Simultaneous Performance in the Time Domain and in the Frequency Domain

Authors: Azeddine Ghodbane, David Bensoussan, Maher Hammami

Abstract:

An innovative approach for controlling unstable and invertible systems has demonstrated superior performance compared to conventional controllers. It has been successfully applied to a levitation system and drone control. Simulations have yielded satisfactory performances when applied to a satellite antenna controller. This design method, based on sensitivity analysis, has also been extended to handle multivariable unstable and invertible systems that exhibit dominant diagonal characteristics at high frequencies, enabling decentralized control. Furthermore, this control method has been expanded to the realm of adaptive control. In this study, we introduce an alternative adaptive architecture that enhances both time and frequency performance, helpfully mitigating the effects of disturbances from the input plant and external disturbances affecting the output. To facilitate superior performance in both the time and frequency domains, we have developed user-friendly interactive design methods using the GeoGebra platform.

Keywords: control theory, decentralized control, sensitivity theory, input-output stability theory, robust multivariable feedback control design

Procedia PDF Downloads 95
5211 Balancing Security and Human Rights: A Comprehensive Approach to Security and Defense Policy

Authors: Babatunde Osabiya

Abstract:

Cybersecurity has emerged as a pressing policy problem in recent years, affecting individuals, businesses, and governments worldwide. This research paper aims to critically review the literature on cybersecurity policy and apply policy theory to propose a policy approach that balances the freedom to access and use technology with the human rights risks and threats posed by cyber. Drawing on various credible sources, the paper examines the scale and seriousness of cyber threats, highlighting the growing threat posed by cybercriminals, hackers, and nation-states. The paper also identifies the key challenges facing policymakers, including the need for more significant investment in cybersecurity research and development and the importance of balancing the benefits of technological innovation with the risks to privacy, security, and human rights. To address these challenges, the paper proposes a policy approach emphasizing investing in cybersecurity research and development to maintain a technological edge over potential adversaries. This approach also highlights the need for greater collaboration between government, industry, and civil society to develop effective cybersecurity policies and practices that protect the rights and freedoms of people while mitigating the risks posed by cyber threats. This paper will contribute to the growing body of literature on cybersecurity policy and offers a policy framework for addressing this critical policy challenge.

Keywords: security risk, legal framework, cyber security and policy, national security

Procedia PDF Downloads 76
5210 An Analysis of the Role of Watchdog Civil Society Organisations in the Public Governance in Southern Africa: A study of South Africa and Zimbabwe

Authors: Julieth Gudo

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The prevalence of corruption in African countries and persisting unsatisfactory distribution by governments of state resources among the citizens are clear indicators of a festering problem. Civil society organisations (CSOs) in Southern African countries, as citizen representatives, have been involved in challenging the ongoing corruption and poor governance in the public sector that have caused tensions between citizens and their governments. In doing so, civil society organisations demand accountability, transparency, and citizen participation in public governance. The problem is that CSOs’ role in challenging governments is not clearly defined in both law and literature. This uncertainty has resulted in an unsatisfying operating and legal environment for CSOs and a strained relationship between themselves and the governments. This paper examines civil society organisations' role in advancing good public governance in South Africa and Zimbabwe. The study will be conducted by means of a literature review and case studies. The state of public governance in Southern Africa will be discussed. The historical role of CSOs in the region of Southern Africa will be explored, followed by their role in public governance in contemporary South Africa and Zimbabwe. The relationship between state and civil society organisations will be examined. Furthermore, the legal frameworks that regulate and authoriseCSOs in their part in challenging poor governance in the public sector will be identified and discussed. Loopholes in such provisions will be identified, and measures that CSOs use to hold those responsible for poor governance accountable for their actions will be discussed, consequently closing the existing gap on the undefined role of CSOs in public governance in Southern Africa. The research demonstrates the need for an enabling operating environment through better cooperation, communication, and the relationship between governments and CSOs, the speedy and effective amendment of existing laws, and the introduction of legal provisions that give express authority to CSOs to challenge poor governance on the part of Southern African governments. Also critical is the enforcement of laws so that those responsible for poor governance and corruption in government are held accountable.

Keywords: civil society organisations, public governance, southern Africa, South Africa, zimbabwe

Procedia PDF Downloads 98
5209 Media Engagement and Ethnic Identity: The Case of the Aeta Ambala of Pastolan Village

Authors: Kriztine R. Viray, Chona Rita R. Cruz

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The paper explores the engagement of indigenous group, Aeta Ambala with different media and how this engagement affects their perception of their own ethnic identity. The researchers employed qualitative research as their approach and descriptive research method as their design. The paper integrates two theories. These are communication theory of identity by Michael Hecht and the Uses and Gratification Theory of Katz, Blumler, and Gurevitch. Among others, the paper exposes that the engagement of the Aeta-Ambala with the various forms of media certainly affected the way they perceived the outside world and their own ethnic group.

Keywords: Aeta Ambala, culture, ethnic, media engagement, Philippines

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5208 Benefit Sharing of Research Participants in Human Genomic Research: Ethical Concerns and Ramifications

Authors: Tamanda Kamwendo

Abstract:

The concept of benefit sharing has been a prominent global debate in the world, gaining traction in human research ethics. Despite its prevalence, the concept of benefit sharing is not without controversy over its meaning and justification. This is due to the fact that it lacks a broadly accepted definition and many proponents discuss benefit sharing by arguing for its necessity rather than engaging in critical intellectual engagement with technical issues such as what it implies. What is clear in the literature is that the underlying premise of benefit-sharing is that research involving underprivileged and marginalized people is currently unjust and inequitable because these people are denied access to these gains; thus, benefit-sharing arrangements are required for these research projects to be just and equitable. This paper, therefore, investigates the discourses and justifications behind the concept of benefit sharing to human participants, particularly when dealing with human genomics research. Furthermore, considering that benefit sharing is generally viewed as a transaction between research organizations and research participants, it raises ethical concerns concerning the commodification of human material and undermines the sanctity of the human genome. This is predicated on the idea that research sponsors would be compelled to deliver a minimum set of possible benefits to research participants and communities in exchange for their involvement in the study. There is, therefore, need to protect benefit-sharing practices in international health research by developing a governance legal framework. A legal framework of benefit sharing will also dispel the issue of commodification of human material where human genomic research is done.

Keywords: benefit sharing, human participants, human genomic research, ethical concerns

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5207 Beyond Sexual Objectification: Moderation Analysis of Trauma and Overexcitability Dynamics in Women

Authors: Ritika Chaturvedi

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Introduction: Sexual objectification, characterized by the reduction of an individual to a mere object of sexual desire, remains a pervasive societal issue with profound repercussions on individual well-being. Such experiences, often rooted in systemic and cultural norms, have long-lasting implications for mental and emotional health. This study aims to explore the intricate relationship between experiences of sexual objectification and insidious trauma, further investigating the potential moderating effects of overexcitability as proposed by Dabrowski's theory of positive disintegration. Methodology: The research involved a comprehensive cohort of 204 women, spanning ages from 18 to 65 years. Participants were tasked with completing self-administered questionnaires designed to capture their experiences with sexual objectification. Additionally, the questionnaire assessed symptoms indicative of insidious trauma and explored overexcitability across five distinct domains: emotional, intellectual, psychomotor, sensory, and imaginational. Employing advanced statistical techniques, including multiple regression and moderation analysis, the study sought to decipher the intricate interplay among these variables. Findings: The study's results revealed a compelling positive correlation between experiences of sexual objectification and the onset of symptoms indicative of insidious trauma. This correlation underscores the profound and detrimental effects of sexual objectification on an individual's psychological well-being. Interestingly, the moderation analyses introduced a nuanced understanding, highlighting the differential roles of various overexcitability. Specifically, emotional, intellectual, and sensual overexcitability were found to exacerbate trauma symptomatology. In contrast, psychomotor overexcitability emerged as a protective factor, demonstrating a mitigating influence on the relationship between sexual objectification and trauma. Implications: The study's findings hold significant implications for a diverse array of stakeholders, encompassing mental health practitioners, educators, policymakers, and advocacy groups. The identified moderating effects of overexcitability emphasize the need for tailored interventions that consider individual differences in coping and resilience mechanisms. By recognizing the pivotal role of overexcitability in modulating the traumatic consequences of sexual objectification, this research advocates for the development of more nuanced and targeted support frameworks. Moreover, the study underscores the importance of continued research endeavors to unravel the intricate mechanisms and dynamics underpinning these relationships. Such endeavors are crucial for fostering the evolution of informed, evidence-based interventions and strategies aimed at mitigating the adverse effects of sexual objectification and promoting holistic well-being.

Keywords: sexual objectification, insidious trauma, emotional overexcitability, intellectual overexcitability, sensual overexcitability, psychomotor overexcitability, imaginational overexcitability

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5206 The ICC, International Criminal Justice and International Politics

Authors: Girma Y. Iyassu Menelik

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The international community has gone through indescribable atrocities resulting from acts of war. These atrocities turned Europe and Africa into a wilderness of bloodshed and crime. In the period 1960- 1970s Africa witnessed unprecedented and well-documented assaults on life and property. This necessitated the adoption, signing and ratification of the International Criminal Court, establishment of the International Court of Justice which is a great achievement for the protection and fulfilling of human rights in the context of international political instability. The ICC came as an important opportunity to advance justice for serious crimes committed in violation of international law. Thus the Rome statute has become a formidable contribution to peace and security. There are concerns that the ICC is targeting African states. However, the ICC cannot preside over cases that are not parties to the Rome statute unless the UN Security council refers the situation or the relevant state asks the court to become involved. The instable international political situation thus deals with criminal prosecutions where amnesty is not permissible or is strongly repudiated. The court has become important justice instruments for states that are unable or unwilling to fulfill their obligation to address legacies of massive human rights violations. The ICJ as a court has a twofold role; to settle legal disputes submitted to it by states, and to give advisory opinions on legal questions referred to it by duly authorized United Nations organs and specialized agencies. All members of the UN are ipso facto parties to the statute of the ICJ. The court gives advisory opinion on any legal question. These courts are the most appropriate fora to pronounce on international crimes and are in a better position to know and apply international law. Cases that have been brought to the courts include Rwanda’s genocide, Liberia’s Charles Taylor etc. The receptiveness and cooperation of the local populations are important to the courts and if the ICC and ICJ can provide appropriate protections for the physical and economic safety of victims then peace and human rights observance can be attained. This paper will look into the effectiveness and impediments of these courts in handling criminal and injustices in international politics as while as what needs to be done to strengthen the capacity of these courts.

Keywords: ICC, international politics, justice, UN security council, violence, protection, fulfilling

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5205 Healthcare Social Entrepreneurship: A Positive Theory Applied to the Case of YOU Foundation in Nepal

Authors: Simone Rondelli, Damiano Rondelli, Bishesh Poudyal, Juan Jose Cabrera-Lazarini

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One of the main obstacles for Social Entrepreneurship is to find a business model that is financially sustainable. In other words, the captured value generates enough cash flow to ensure business continuity and reinvestment for growth. Providing Health Services in poor countries for the uninsured population affected by a high-cost chronical disease is not the exception for this challenge. As a prime example, cancer has become a high impact on a global disease not only because of the high morbidity but also of the financial impact on both the patient family and health services in underdeveloped countries. Therefore, it is relevant to find a Social Entrepreneurship Model that provides affordable treatment for this disease while maintaining healthy finances not only for the patient but also for the organization providing the treatment. Using the methodology of Constructive Research, this paper applied a Positive Theory and four business models of Social Entrepreneurship to a case of a Private Foundation model whose mission is to address the challenge previously described. It was found that the Foundation analyzed, in this case, is organized as an Embedded Business Model and complies with the four propositions of the Positive Theory considered. It is recommended for this Private Foundation to explore implementing the Integrated Business Model to ensure more robust sustainability in the long term. It evolves as a scalable model that can attract investors interested in contributing to expanding this initiative globally.

Keywords: affordable treatment, global healthcare, social entrepreneurship theory, sustainable business model

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5204 A Comparative Study of Generalized Autoregressive Conditional Heteroskedasticity (GARCH) and Extreme Value Theory (EVT) Model in Modeling Value-at-Risk (VaR)

Authors: Longqing Li

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The paper addresses the inefficiency of the classical model in measuring the Value-at-Risk (VaR) using a normal distribution or a Student’s t distribution. Specifically, the paper focuses on the one day ahead Value-at-Risk (VaR) of major stock market’s daily returns in US, UK, China and Hong Kong in the most recent ten years under 95% confidence level. To improve the predictable power and search for the best performing model, the paper proposes using two leading alternatives, Extreme Value Theory (EVT) and a family of GARCH models, and compares the relative performance. The main contribution could be summarized in two aspects. First, the paper extends the GARCH family model by incorporating EGARCH and TGARCH to shed light on the difference between each in estimating one day ahead Value-at-Risk (VaR). Second, to account for the non-normality in the distribution of financial markets, the paper applies Generalized Error Distribution (GED), instead of the normal distribution, to govern the innovation term. A dynamic back-testing procedure is employed to assess the performance of each model, a family of GARCH and the conditional EVT. The conclusion is that Exponential GARCH yields the best estimate in out-of-sample one day ahead Value-at-Risk (VaR) forecasting. Moreover, the discrepancy of performance between the GARCH and the conditional EVT is indistinguishable.

Keywords: Value-at-Risk, Extreme Value Theory, conditional EVT, backtesting

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5203 The Inclusive Human Trafficking Checklist: A Dialectical Measurement Methodology

Authors: Maria C. Almario, Pam Remer, Jeff Resse, Kathy Moran, Linda Theander Adam

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The identification of victims of human trafficking and consequential service provision is characterized by a significant disconnection between the estimated prevalence of this issue and the number of cases identified. This poses as tremendous problem for human rights advocates as it prevents data collection, information sharing, allocation of resources and opportunities for international dialogues. The current paper introduces the Inclusive Human Trafficking Checklist (IHTC) as a measurement methodology with theoretical underpinnings derived from dialectic theory. The presence of human trafficking in a person’s life is conceptualized as a dynamic and dialectic interaction between vulnerability and exploitation. The current papers explores the operationalization of exploitation and vulnerability, evaluates the metric qualities of the instrument, evaluates whether there are differences in assessment based on the participant’s profession, level of knowledge, and training, and assesses if users of the instrument perceive it as useful. A total of 201 participants were asked to rate three vignettes predetermined by experts to qualify as a either human trafficking case or not. The participants were placed in three conditions: business as usual, utilization of the IHTC with and without training. The results revealed a statistically significant level of agreement between the expert’s diagnostic and the application of the IHTC with an improvement of 40% on identification when compared with the business as usual condition While there was an improvement in identification in the group with training, the difference was found to have a small effect size. Participants who utilized the IHTC showed an increased ability to identify elements of identity-based vulnerabilities as well as elements of fraud, which according to the results, are distinctive variables in cases of human trafficking. In terms of the perceived utility, the results revealed higher mean scores for the groups utilizing the IHTC when compared to the business as usual condition. These findings suggest that the IHTC improves appropriate identification of cases and that it is perceived as a useful instrument. The application of the IHTC as a multidisciplinary instrumentation that can be utilized in legal and human services settings is discussed as a pivotal piece of helping victims restore their sense of dignity, and advocate for legal, physical and psychological reparations. It is noteworthy that this study was conducted with a sample in the United States and later re-tested in Colombia. The implications of the instrument for treatment conceptualization and intervention in human trafficking cases are discussed as opportunities for enhancement of victim well-being, restoration engagement and activism. With the idea that what is personal is also political, we believe that the careful observation and data collection in specific cases can inform new areas of human rights activism.

Keywords: exploitation, human trafficking, measurement, vulnerability, screening

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5202 Affordances in Boating Performative Practices: The Case of Leisure Boating from the Swedish West Coast

Authors: Neva Leposa

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While environmental policy makers are trying to increase pro-environmental behavior among tourists or outdoor recreation users through changing users’ attitudes, the focus of this paper is turned to the importance of so far marginalized – materiality in the users’ practices. The case study of leisure boating in Sweden used in this paper demonstrates how through the change of materiality (i.e. equipment and physical size of the leisure boats) emergent affordances in materially bound practices are transformed, and the boater-boat-sea nexus is redefined. Participatory observation and in-depth interviewing of Swedish West Coast visitors reveal two stories, first one points to the fact that sail boating practice is becoming increasingly motorized and second one describes how leisure boats are becoming increasingly perceived and used as mobile summer houses. Hence, such practice increases energy and matter consumption. This paper describes how that change happens through practice theory and affordance theory, thus points to visibility and the importance of materiality in shaping human nature nexus. Boating practice changes through the change of the materiality of the boats. In particular, energy consumption increases through the change of engagement with the matter. This study puts focus environmental attitudes focused strivings in question, for the fact that it is too individual-centered and lacks contextual understanding of the materially bound practices and may fail in the very thing it is aiming to do - reduce the environmental impacts.

Keywords: practice theory, affordance theory, leisure boating, materiality

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5201 Theory of Mind and Its Brain Distribution in Patients with Temporal Lobe Epilepsy

Authors: Wei-Han Wang, Hsiang-Yu Yu, Mau-Sun Hua

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Theory of Mind (ToM) refers to the ability to infer another’s mental state. With appropriate ToM, one can behave well in social interactions. A growing body of evidence has demonstrated that patients with temporal lobe epilepsy (TLE) may have damaged ToM due to impact on regions of the underlying neural network of ToM. However, the question of whether there is cerebral laterality for ToM functions remains open. This study aimed to examine whether there is cerebral lateralization for ToM abilities in TLE patients. Sixty-seven adult TLE patients and 30 matched healthy controls (HC) were recruited. Patients were classified into right (RTLE), left (LTLE), and bilateral (BTLE) TLE groups on the basis of a consensus panel review of their seizure semiology, EEG findings, and brain imaging results. All participants completed an intellectual test and four tasks measuring basic and advanced ToM. The results showed that, on all ToM tasks; (1)each patient group performed worse than HC; (2)there were no significant differences between LTLE and RTLE groups; (3)the BTLE group performed the worst. It appears that the neural network responsible for ToM is distributed evenly between the cerebral hemispheres.

Keywords: cerebral lateralization, social cognition, temporal lobe epilepsy, theory of mind

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5200 Judicial Analysis of the Burden of Proof on the Perpetrator of Corruption Criminal Act

Authors: Rahmayanti, Theresia Simatupang, Ronald H. Sianturi

Abstract:

Corruption criminal act develops rapidly since in the transition era there is weakness in law. Consequently, there is an opportunity for a few people to do fraud and illegal acts and to misuse their positions and formal functions in order to make them rich, and the criminal acts are done systematically and sophisticatedly. Some people believe that legal provisions which specifically regulate the corruption criminal act; namely, Law No. 31/1999 in conjunction with Law No. 20/2001 on the Eradication of Corruption Criminal Act are not effective any more, especially in onus probandi (the burden of proof) on corruptors. The research was a descriptive analysis, a research method which is used to obtain description on a certain situation or condition by explaining the data, and the conclusion is drawn through some analyses. The research used judicial normative approach since it used secondary data as the main data by conducting library research. The system of the burden of proof, which follows the principles of reversal of the burden of proof stipulated in Article 12B, paragraph 1 a and b, Article 37A, and Article 38B of Law No. 20/2001 on the Amendment of Law No. 31/1999, is used only as supporting evidence when the principal case is proved. Meanwhile, how to maximize the implementation of the burden of proof on the perpetrators of corruption criminal act in which the public prosecutor brings a corruption case to Court, depends upon the nature of the case and the type of indictment. The system of burden of proof can be used to eradicate corruption in the Court if some policies and general principles of justice such as independency, impartiality, and legal certainty, are applied.

Keywords: burden of proof, perpetrator, corruption criminal act

Procedia PDF Downloads 300
5199 Romantic Theory in Comparative Perspective: Schlegel’s Philosophy of History and the Spanish Question

Authors: Geena Kim

Abstract:

The Romantic movements in Spain and Germany served as turning points in European literary history, advancing cognitive-emotional ideals of the essential unity between literature, life, and the natural world in reaction against the rising tide of mechanization, urban growth, and industrial progress. This paper offers a comparative study of the literary-theoretic underpinnings of the Romantic movements in Spain and Germany, particularly with regard to the reception history of Schlegel’s Romantic philosophy of history. By far one of the better-known figures of the period, Schlegel has traditionally been considered one of the principal theorists of German Romanticism, one of the first to embrace and acknowledge the more radical changes that the movement brought forth. His well-studied contributions to the German Romanticism were certainly significant domestically, but their impact on comparatively less industrialized Spain have been largely neglected, a puzzling oversight in light of Schlegel’s extensive efforts in advocating for the dissemination of Spanish literature under the guise of a kind of pan-European Romanticism. Indeed, Schlegel’s somewhat problematically exoticizing view of Spain as the quintessential embodiment of the spirit of Romanticism was itself enormously influential on the genesis and growth of the Spanish Romantic theory. This was especially significant considering earlier, pre-Romantic tropes of the ‘black legend,’ by which means Spain was demonized with even cruder essentializing, nationalistic language. By comparing Schlegel’s theorizing around Spain with contributions to Romantic theory by Hispanophone writers, this paper sheds light on questions of linguistic identity and national influence from two alas infrequently compared contexts of European Romanticism.

Keywords: schlegel, Spanish romantic theory, German romanticism, romantic philosophy

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5198 Clash of Civilizations without Civilizational Groups: Revisiting Samuel P. Huntington´s Clash of Civilizations Theory

Authors: Jamal Abdi

Abstract:

This paper is largely a response/critique of Samuel P. Huntington´s Clash of Civilizations thesis. The overriding argument is that Huntington´s thesis is characterized by failure to distinguish between ´groups´ and ´categories´. Multinational civilizations overcoming their internal collective action problems, which would enable them to pursue a unified strategy vis-à-vis the West, is a rather foundational assumption in his theory. Without assigning sufficient intellectual attention to the processes through which multinational civilizations may gain capacity for concerted action i.e. become a group, he contended that the post-cold-war world would be shaped in large measure by interactions among seven or eight major civilizations. Thus, failure in providing a convincing analysis of multi-national civilizations´ transition from categories to groups is a significant weakness in Huntington´s clash theory. It is also suggested that so-called Islamic terrorism and the war on terror is not to be taken as an expression of presence of clash between a Western and an Islamic civilization, as terrorist organizations would be superfluous in a world characterized by clash of civilizations. Consequences of multinational civilizations becoming a group are discussed in relation to contemporary Western superiority.

Keywords: categories, civilizations, clash, groups, groupness

Procedia PDF Downloads 156
5197 Chilled Books: Managing Defamatory Content in Non-fiction Trade Publishing

Authors: Katherine Day

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Non-fiction genres (autobiographies and biographies, true stories and criticism, investigative journalism and narrative journalism) have enjoyed increasing sales in the English-language publishing territories over the last decade, but writing the tell-all or exposé is not without consequences: defamation laws cast a “chilling effect” by regarding reputation above publications with a public interest element. This is evident in the many publications that have been amended or pulped after publication. These communications, alterations and negotiations indicate that the threat of legal action forms part of the editorial decision-making around such publications, the presence of which could be attributed to strict defamation laws. In the UK and Australia, particularly, defamation law has proved notoriously biased in favour of plaintiffs. The legal obstacles have prompted law reform by way of section 4 of the UK Defamation Act, which allows for editorial assessment into whether the statement/s made are in the public interest; as of July 1st 2021, the NSW Government in Australia also implemented reforms to help steer the law towards more flexibility in the digital age – the most interesting of these developments for commercial publishing being the new ‘public interest’ defence (s 29A), which is modelled on the UK’s section 4 and which most states in Australia have now integrated into their respective state laws (Queensland, new South Wales, Victoria and South Australia, with the remaining states committing at a later date). This paper will outline and discuss the preliminary findings of a 1-year project that aims to explore how potentially litigious content is managed in unpublished non-fiction manuscripts in two countries identified as having strict defamation laws: Australia and the UK. Significantly, it expects to indicate the burden of current defamation laws on publishing practice and publishing outputs in these countries by interrogating in-house editorial processes and the likelihood of editorial management in a ‘post negotiation space’, where the activities and communication between authors and editors are reconstructed, if necessary, to correct the author/publisher power balance and affirm the business relationship. In doing so, the project asks: has the threat, explicit or implicit, of defamation action produced a significant chilling effect in trade non-fiction publishing in the UK and Australia?

Keywords: defamation, publishing, socio-legal, authorship, editing, literature

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5196 Localising the Alien: Language, Literature and Theory in the Indian Classroom

Authors: Asima Ranjan Parhi

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English language teaching-learning in higher education departments in Indian and Asian contexts needs to be one of innovation and experimentation rather than rigid prescription. The communicative language teaching has been proposing the context to be of primary importance in this process. Today, English print and electronic media have flooded the market with plenty of material suitable to the classroom context. The entries are poetic, catchy and contain a deliberate method in them which could be utilized to teach not only English language but literature, literary terms and the theory of literature. The Bollywood movies, especially through their songs have been propagating a package which may be useful to teach language and even theory in the sub-continent. While investigating, one may be fascinated to see how such material in the body of media (print and electronic), movies and popular songs generate a data for our classroom in our context, thereby developing a mass language with huge pedagogical implications. Harping on the four skills of teaching and learning of a language in general and English language in particular appears stale and mechanical in a decontextualised, matter of fact classroom. So this discussion visualizes a model beyond these skills as well as the conventional theory, literature, language classroom practices in order to build up a systematic pattern stressing the factors responsible in the particular context, that of specific language, society and culture in tune with language-literature teaching. This study intends to examine certain catchy use of the language entries in mass media which could be in the direction of inviting more such investigations in the Asian context in order to develop a common platform of decolonized pedagogy.

Keywords: pedagogy, electronic media, Bollywood, decolonized, mass media

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5195 Dual Language Immersion Models in Theory and Practice

Authors: S. Gordon

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Dual language immersion is growing fast in language teaching today. This study provides an overview and evaluation of the different models of Dual language immersion programs in US K-12 schools. First, the paper provides a brief current literature review on the theory of Dual Language Immersion (DLI) in Second Language Acquisition (SLA) studies. Second, examples of several types of DLI language teaching models in US K-12 public schools are presented (including 50/50 models, 90/10 models, etc.). Third, we focus on the unique example of DLI education in the state of Utah, a successful, growing program in K-12 schools that includes: French, Chinese, Spanish, and Portuguese. The project investigates the theory and practice particularly of the case of public elementary and secondary school children that study half their school day in the L1 and the other half in the chosen L2, from kindergarten (age 5-6) through high school (age 17-18). Finally, the project takes the observations of Utah French DLI elementary through secondary programs as a case study. To conclude, we look at the principal challenges, pedagogical objectives and outcomes, and important implications for other US states and other countries (such as France currently) that are in the process of developing similar language learning programs.

Keywords: dual language immersion, second language acquisition, language teaching, pedagogy, teaching, French

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5194 Perception of Value Affecting Engagement Through Online Audio Communication

Authors: Apipol Penkitti

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The new normal or a new way of life stemmed from the COVID-19 outbreak, gave rise to a new form of social media: audio-based social platforms (ABSPs), known as Clubhouse, Twitter space, and Facebook live audio room. These platforms, on which audio-based communication is featured, became popular in a short span of time. The objective of the research study is to understand ABSPs users’ behaviors in Thailand. The study, in which functional attitude theory, uses and gratifications theory, and social influence theory are referred to, is conducted through consumer perceived utilitarian, hedonic, and social value that affect engagement. This research study is mixed method paradigm, utilizing Model of Triangulation as its framework. The data acquisition is proceeded through questionnaires from a sample of 384 male, female and LGBTQA+ individuals aged 25 - 34 who, from various occupations, have used audio-based social platform applications. This research study employs the structural equation modeling to analyze the relationships between variables, and it uses the semi - structured interviewing to comprehend the rationality of the variables in the study. The study found that hedonic value directly affects engagement.

Keywords: audio based social platform, engagement, hedonic, perceived value, social, utilitarian

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5193 Legal Regulation of Personal Information Data Transmission Risk Assessment: A Case Study of the EU’s DPIA

Authors: Cai Qianyi

Abstract:

In the midst of global digital revolution, the flow of data poses security threats that call China's existing legislative framework for protecting personal information into question. As a preliminary procedure for risk analysis and prevention, the risk assessment of personal data transmission lacks detailed guidelines for support. Existing provisions reveal unclear responsibilities for network operators and weakened rights for data subjects. Furthermore, the regulatory system's weak operability and a lack of industry self-regulation heighten data transmission hazards. This paper aims to compare the regulatory pathways for data information transmission risks between China and Europe from a legal framework and content perspective. It draws on the “Data Protection Impact Assessment Guidelines” to empower multiple stakeholders, including data processors, controllers, and subjects, while also defining obligations. In conclusion, this paper intends to solve China's digital security shortcomings by developing a more mature regulatory framework and industry self-regulation mechanisms, resulting in a win-win situation for personal data protection and the development of the digital economy.

Keywords: personal information data transmission, risk assessment, DPIA, internet service provider, personal information data transimission, risk assessment

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5192 Construction Contractor Pre-Qualification Using Multi-Attribute Utility Theory: A Multiplicative Approach

Authors: B. Vikram, Y. Anu Leena, Y. Anu Neena, M. V. Krishna Rao, V. S. S. Kumar

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The industry is often criticized for inefficiencies in outcomes such as time and cost overruns, low productivity, poor quality and inadequate customer satisfaction. To enhance the chances for construction projects to be successful, selecting an able contractor is one of the fundamental decisions to be made by clients. The selection of the most appropriate contractor is a multi-criteria decision making (MCDM) process. In this paper, multi-attribute utility theory (MAUT) is employed utilizing the multiplicative form of utility function for ranking the prequalified contractors. Performance assessment criteria covering contracting company attributes, experience record, past performance, performance potential, financial stability and project specific criteria are considered for contractor evaluation. A case study of multistoried building for which four contractors submitted bids is considered to illustrate the applicability of multiplicative approach of MAUT to rank the prequalified contractors. The proposed MAUT decision making methodology can also be employed to other decision making situations.

Keywords: multi-attribute utility theory, construction industry, prequalification, contractor

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5191 Foundations for Global Interactions: The Theoretical Underpinnings of Understanding Others

Authors: Randall E. Osborne

Abstract:

In a course on International Psychology, 8 theoretical perspectives (Critical Psychology, Liberation Psychology, Post-Modernism, Social Constructivism, Social Identity Theory, Social Reduction Theory, Symbolic Interactionism, and Vygotsky’s Sociocultural Theory) are used as a framework for getting students to understand the concept of and need for Globalization. One of critical psychology's main criticisms of conventional psychology is that it fails to consider or deliberately ignores the way power differences between social classes and groups can impact the mental and physical well-being of individuals or groups of people. Liberation psychology, also known as liberation social psychology or psicología social de la liberación, is an approach to psychological science that aims to understand the psychology of oppressed and impoverished communities by addressing the oppressive sociopolitical structure in which they exist. Postmodernism is largely a reaction to the assumed certainty of scientific, or objective, efforts to explain reality. It stems from a recognition that reality is not simply mirrored in human understanding of it, but rather, is constructed as the mind tries to understand its own particular and personal reality. Lev Vygotsky argued that all cognitive functions originate in, and must therefore be explained as products of social interactions and that learning was not simply the assimilation and accommodation of new knowledge by learners. Social Identity Theory discusses the implications of social identity for human interactions with and assumptions about other people. Social Identification Theory suggests people: (1) categorize—people find it helpful (humans might be perceived as having a need) to place people and objects into categories, (2) identify—people align themselves with groups and gain identity and self-esteem from it, and (3) compare—people compare self to others. Social reductionism argues that all behavior and experiences can be explained simply by the affect of groups on the individual. Symbolic interaction theory focuses attention on the way that people interact through symbols: words, gestures, rules, and roles. Meaning evolves from human their interactions in their environment and with people. Vygotsky’s sociocultural theory of human learning describes learning as a social process and the origination of human intelligence in society or culture. The major theme of Vygotsky’s theoretical framework is that social interaction plays a fundamental role in the development of cognition. This presentation will discuss how these theoretical perspectives are incorporated into a course on International Psychology, a course on the Politics of Hate, and a course on the Psychology of Prejudice, Discrimination and Hate to promote student thinking in a more ‘global’ manner.

Keywords: globalization, international psychology, society and culture, teaching interculturally

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5190 On the Use of Reliability Factors to Reduce Conflict between Information Sources in Dempster-Shafer Theory

Authors: A. Alem, Y. Dahmani, A. Hadjali, A. Boualem

Abstract:

Managing the problem of the conflict, either by using the Dempster-Shafer theory, or by the application of the fusion process to push researchers in recent years to find ways to get to make best decisions especially; for information systems, vision, robotic and wireless sensor networks. In this paper we are interested to take account of the conflict in the combination step that took the conflict into account and tries to manage such a way that it does not influence the decision step, the conflict what from reliable sources. According to [1], the conflict lead to erroneous decisions in cases where was with strong degrees between sources of information, if the conflict is more than the maximum of the functions of belief mass K > max1...n (mi (A)), then the decision becomes impossible. We will demonstrate in this paper that the multiplication of mass functions by coefficients of reliability is a decreasing function; it leads to the reduction of conflict and a good decision. The definition of reliability coefficients accurately and multiply them by the mass functions of each information source to resolve the conflict and allow deciding whether the degree of conflict. The evaluation of this technique is done by a use case; a comparison of the combination of springs with a maximum conflict without, and with reliability coefficients.

Keywords: Dempster-Shafer theory, fusion process, conflict managing, reliability factors, decision

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5189 Society and Cinema in Iran

Authors: Seyedeh Rozhano Azimi Hashemi

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There is no doubt that ‘Art’ is a social phenomena and cinema is the most social kind of art. Hence, it’s clear that we can analyze the relation’s of cinema and art from different aspects. In this paper sociological cinema will be investigated which, is a subdivision of sociological art. This term will be discussed by two main approaches. One of these approaches is focused on the effects of cinema on the society, which is known as “Effects Theory” and the second one, which is dealing with the reflection of social issues in cinema is called ” Reflection Theory”. "Reflect theory" approach, unlike "Effects theory" is considering movies as documents, in which social life is reflected, and by analyzing them, the changes and tendencies of a society are understood. Criticizing these approaches to cinema and society doesn’t mean that they are not real. Conversely, it proves the fact that for better understanding of cinema and society’s relation, more complicated models are required, which should consider two aspects. First, they should be bilinear and they should provide a dynamic and active relation between cinema and society, as for the current concept social life and cinema have bi-linear effects on each other, and that’s how they fit in a dialectic and dynamic process. Second, it should pay attention to the role of inductor elements such as small social institutions, marketing, advertisements, cultural pattern, art’s genres and popular cinema in society. In the current study, image of middle class in cinema of Iran and changing the role of women in cinema and society which were two bold issue that cinema and society faced since 1979 revolution till 80s are analyzed. Films as an artwork on one hand, are reflections of social changes and with their effects on the society on the other hand, are trying to speed up the trends of these changes. Cinema by the illustration of changes in ideologies and approaches in exaggerated ways and through it’s normalizing functions, is preparing the audiences and public opinions for the acceptance of these changes. Consequently, audience takes effect from this process, which is a bi-linear and interactive process.

Keywords: Iranian Cinema, Cinema and Society, Middle Class, Woman’s Role

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5188 The Effects of Normal Aging on Reasoning Ability: A Dual-Process Approach

Authors: Jamie A. Prowse Turner, Jamie I. D. Campbell, Valerie A. Thompson

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The objective of the current research was to use a dual-process theory framework to explain these age-related differences in reasoning. Seventy-two older (M = 80.0 years) and 72 younger (M = 24.6 years) adults were given a variety of reasoning tests (i.e., a syllogistic task, base rate task, the Cognitive Reflection Test, and a perspective manipulation), as well as independent tests of capacity (working memory, processing speed, and inhibition), thinking styles, and metacognitive ability, to account for these age-related differences. It was revealed that age-related differences were limited to problems that required Type 2 processing and were related to differences in cognitive capacity, individual difference factors, and strategy choice. Furthermore, older adults’ performance can be improved by reasoning from another’s’ perspective and cannot, at this time, be explained by metacognitive differences between young and older adults. All of these findings fit well within a dual-process theory of reasoning, which provides an integrative framework accounting for previous findings and the findings presented in the current manuscript.

Keywords: aging, dual-process theory, performance, reasoning ability

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5187 Moral Dilemmas, Difficulties in the Digital Games

Authors: YuPei Chang

Abstract:

In recent years, moral judgement tasks have served as an increasingly popular plot mechanism in digital gameplay. As a moral agency, the player's choice judgment in digital games is to shuttle between the real world and the game world. The purpose of the research is to explore the moral difficulties brewed by the interactive mechanism of the game and the moral choice of players. In the theoretical level, this research tries to combine moral disengagement, moral foundations theory, and gameplay as an aesthetic experience. And in the methodical level, this research tries to use methods that combine text analysis, diary method, and in-depth interviews. There are three research problems that will be solved in three stages. In the first stage, this project will explore how moral dilemmas are represented in game mechanics. In the second stage, this project will analyze the appearance and conflicts of moral dilemmas in game mechanics based on the five aspects of moral foundations theory. In the third stage, this project will try to understand the players' choices when they face the choices of moral dilemmas, as well as their explanations and reflections after making the decisions.

Keywords: morality, moral disengagement, moral foundations theory, PC game, gameplay, moral dilemmas, player

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5186 “It Isn’t a State Problem”: The Minas Conga Mine Controversy and Exemplifying the Need for Binding International Obligations on Corporate Actors

Authors: Cindy Woods

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After years of implacable neoliberal globalization, multinational corporations have moved from the periphery to the center of the international legal agenda. Human rights advocates have long called for greater corporate accountability in the international arena. The creation of the Global Compact in 2000, while aimed at fostering greater corporate respect for human rights, did not silence these calls. After multiple unsuccessful attempts to adopt a set of norms relating to the human rights responsibilities of transnational corporations, the United Nations succeeded in 2008 with the Guiding Principles on Business and Human Rights (Guiding Principles). The Guiding Principles, praised by some within the international human rights community for their recognition of an individual corporate responsibility to respect human rights, have not escaped their share of criticism. Many view the Guiding Principles to be toothless, failing to directly impose obligations upon corporations, and call for binding international obligations on corporate entities. After decades of attempting to promulgate human rights obligations for multinational corporations, the existing legal frameworks in place fall short of protecting individuals from the human rights abuses of multinational corporations. The Global Compact and Guiding Principles are proof of the United Nations’ unwillingness to impose international legal obligations on corporate actors. In June 2014, the Human Rights Council adopted a resolution to draft international legally binding human rights norms for business entities; however, key players in the international arena have already announced they will not cooperate with such efforts. This Note, through an overview of the existing corporate accountability frameworks and a study of Newmont Mining’s Minas Conga project in Peru, argues that binding international human rights obligations on corporations are necessary to fully protect human rights. Where states refuse to or simply cannot uphold their duty to protect individuals from transnational businesses’ human rights transgressions, there must exist mechanisms to pursue justice directly against the multinational corporation.

Keywords: business and human rights, Latin America, international treaty on business and human rights, mining, human rights

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5185 South African Municipal Service Delivery Failure and Public Value Theory

Authors: Andrew Enaifoghe

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Municipalities are the most fundamental units of governance, and they are responsible for providing basic services and supporting growth in the areas they rule. South African local government is primarily understood in terms of service delivery, and the South African constitution provides municipalities with the responsibility of mobilizing economic resources, to better the lives of all people. Essential public services are the primary pillars of enhanced quality of life, and appropriate supplies of safe water and sanitation are required for life, well-being, and human dignity. Therefore, having access to basic services is directly tied to social inclusion and social capital, and towns' inability to offer services can have a negative influence on social and economic growth. The problem of service delivery is seen as one of the biggest challenges facing South African municipalities today. This study attempts to assess South African municipal service delivery. Focusing on the main causes of service delivery challenges, the study also looks at the impact of these challenges to identify ways to minimize such challenges by introducing legal instruments such as municipal budgeting and annual reports. A qualitative design was adopted, and data were collected using a desktop technique and analyzed based on content. While public engagement in municipal affairs is required by law, considerable work has to be done to ensure successful participation. Finally, municipalities were deemed to need to do more to improve human capacity to offer services.

Keywords: municipalities, service delivery, corruption, monitoring, South Africa

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5184 Exact Vibration Analysis of a Rectangular Nano-Plate Using Nonlocal Modified Sinusoidal Shear Deformation Theory

Authors: Korosh Khorshidi, Mohammad Khodadadi

Abstract:

In this paper, exact close form solution for out of plate free flexural vibration of moderately thick rectangular nanoplates are presented based on nonlocal modified trigonometric shear deformation theory, with assumptions of the Levy's type boundary conditions, for the first time. The aim of this study is to evaluate the effect of small-scale parameters on the frequency parameters of the moderately thick rectangular nano-plates. To describe the effects of small-scale parameters on vibrations of rectangular nanoplates, the Eringen theory is used. The Levy's type boundary conditions are combination of six different boundary conditions; specifically, two opposite edges are simply supported and any of the other two edges can be simply supported, clamped or free. Governing equations of motion and boundary conditions of the plate are derived by using the Hamilton’s principle. The present analytical solution can be obtained with any required accuracy and can be used as benchmark. Numerical results are presented to illustrate the effectiveness of the proposed method compared to other methods reported in the literature. Finally, the effect of boundary conditions, aspect ratios, small scale parameter and thickness ratios on nondimensional natural frequency parameters and frequency ratios are examined and discussed in detail.

Keywords: exact solution, nonlocal modified sinusoidal shear deformation theory, out of plane vibration, moderately thick rectangular plate

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5183 Attachment Systems and Psychotherapy: An Internal Secure Caregiver to Heal and Protect the Parts of Our Clients: InCorporer Method

Authors: Julien Baillet

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In light of 30 years of scientific research, InCorporer Method was created in 2019 as a new approach to heal traumatic, developmental, and dissociative injuries. Following natural nervous system functions, InCorporer aims to heal, develop, and update the different defensive mammalian subsystems: fight, flight, freeze, feign death, cry for help, & energy regulator. The dimensions taken into account are: (i) Heal the traumatic injuries who are still bleeding, (ii) Develop the systems that never received the security, attention, and affection they needed. (iii) Update the parts that stayed stuck in the past, ignoring for too long that they are out of danger now. Through the Present Part and its caregiving skills, InCorporer method enables a balanced, soothed, and collaborative personality system. To be as integrative as possible, InCorporer method has been designed according to several fields of research, such as structural dissociation theory, attachment theory, and information processing theory. In this paper, the author presents how the internal caregiver is developed and trained to heal all the different parts/subsystems of our clients through mindful attention and reflex movement integration.

Keywords: PTSD, attachment, dissociation, part work

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