Search results for: legal psychology

Authors: Monty Vacura

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Hamilton’s Rule is a universal law of biology expressed in protists, plants and animals. When applied to human populations, this model explains: 1) Origin of religion in society as a biopsychological need selected to increase population size; 2) Instincts of racism expressed through intergroup competition; 3) Simultaneous selection for human cooperation and conflict, love and hate; 4) Connection between sporting events and instinctive social messaging for stimulating offensive and defensive responses; 5) Pathway to reduce human sacrifice. This chapter discusses the deep psychological influences of Hamilton’s Rule. Suggestions are provided to reduce human deaths via our instinctive sacrificial behavior, by consciously monitoring Hamilton’s Rule variables highlighted throughout our media outlets.

Keywords: psychology, Hamilton’s rule, evolution, human instincts

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Authors: Jian Wu

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Since a few years, some French companies have integrated CRS (corporate social responsibility) criteria in their variable remuneration plans to ‘restore a good working atmosphere’ and ‘preserve the natural environment’. These CSR criteria are based on concerns on environment protection, social aspects, and corporate governance. In June 2012, a report on this practice has been made jointly by ORSE (which means Observatory on CSR in French) and PricewaterhouseCoopers. Facing this initiative from the business world, we need to examine whether it has a real economic utility. We adopt a theoretical approach for our study. First, we examine the debate between the ‘orthodox’ point of view in economics and the CSR school of thought. The classical economic model asserts that in a capitalist economy, exists a certain ‘invisible hand’ which helps to resolve all problems. When companies seek to maximize their profits, they are also fulfilling, de facto, their duties towards society. As a result, the only social responsibility that firms should have is profit-searching while respecting the minimum legal requirement. However, the CSR school considers that, as long as the economy system is not perfect, there is no ‘invisible hand’ which can arrange all in a good order. This means that we cannot count on any ‘divine force’ which makes corporations responsible regarding to society. Something more needs to be done in addition to firms’ economic and legal obligations. Then, we reply on some financial theories and empirical evident to examine the sound foundation of CSR. Three theories developed in corporate governance can be used. Stakeholder theory tells us that corporations owe a duty to all of their stakeholders including stockholders, employees, clients, suppliers, government, environment, and society. Social contract theory tells us that there are some tacit ‘social contracts’ between a company and society itself. A firm has to respect these contracts if it does not want to be punished in the form of fine, resource constraints, or bad reputation. Legitime theory tells us that corporations have to ‘legitimize’ their actions toward society if they want to continue to operate in good conditions. As regards empirical results, we present a literature review on the relationship between the CSR performance and the financial performance of a firm. We note that, due to difficulties in defining these performances, this relationship remains still ambiguous despite numerous research works realized in the field. Finally, we are curious to know whether the integration of CSR criteria in variable remuneration plans – which is practiced so far in big companies – should be extended to other ones. After investigation, we note that two groups of firms have the greatest need. The first one involves industrial sectors whose activities have a direct impact on the environment, such as petroleum and transport companies. The second one involves companies which are under pressures in terms of return to deal with international competition.

Keywords: corporate social responsibility, corporate governance, variable remuneration, stakeholder theory

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Authors: Nqobizwe Mvelo Ngema

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Botswana has a dual legal system, one based on customary law and the other on the received law. This appears clearly from the Constitution that ring-fenced customary law from any constitutional scrutiny. A customary practice may continue even if it discriminates against women and children. As a result of this, numerous human rights of children are infringed. Firstly, if parents are married under customary law and separated, the custody is granted to the father and the mother merely having the right to visit. Secondly, female children are not entitled to inherit property. Thirdly, there is no age for marriage under customary law and even a child at the age of 10 years can get married. Lastly, marital power of a husband still continues under customary law and therefore females are still treated as perpetual minors. The latter infringement of rights is not in the best interests of children and conflicts with Botswana’s international obligations. Botswana is a signatory of various international and regional human rights instruments and it is suggested that it has to accelerate the incorporation of human rights instruments into domestic law in order to safeguard the best interest of children.

Keywords: custody, marital power, children's best interest, customary law

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Authors: Dini Dewi Heniarti

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This One of criminal sanctions that are often imposed by the judge is imprisonment. The issue on the imposition of imprisonment has been subject of contentious debate and criticism among various groups for a long time. In practice, the problematics of imprisonment lead to complicated problems. The impact of the reckless imposition of the imprisonment includes among others overcapacity of the correctional institution and increasing crimes within the correctional facilities. Therefore, there is a need for renewal of the existing condemnation paradigm, considering the developing phenomena associated with the penal imposition. Imprisonment as one element of the Indonesian penal system is an important and integral part of the other elements. The philosophy of the current penal system, which still refers to the Criminal Code, still carries the values of retaliation and fault-finding toward the offender. Therefore, it is important to reconstruct a new thought in order to realize a penal system that is represented in the formulation of a more humanistic criminal sanction

Keywords: criminal code, criminal sanction, Indonesian legal system, reconstruction of thought

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Authors: Mehdi Ghaemi

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Within the current paper, there is an attempt to examine the legal system that overrules economic stability and legitimate expectations of foreign investment rights. Studies show that Meeting the legitimate expectations of foreign investment is one of the rights and privileges which obviously are to be benefited from by all types of foreign investments. The legitimate expectations of foreign investors are protected and structured strongly with the help of international investment laws. The body of international investment laws is faced with multiple challenges with respect to the legitimate expectations of foreign investments, including the Economic stability and the public interest of the host country, the attitude of the host country towards the legitimate rights and privileges of the foreign investment, the ways to meet and to control those expectations, and also the assessment of the regulations of the host country which would affect the investing bodies within different circumstances.

Keywords: foreign investment, legitimate expectations, regulating investments, international investment

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Authors: Rafael Tedrus Bento

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The analysis of proportionality as a test is raised as a basic foundation for the achievement of Fundamental Rights. We used legal dogmatics and empirical analysis to seek the expected results, from the reading of the RV Oakes trial by the Supreme Court of Canada. In cases involving freedom of expression, two tests are used to resolve disputes. The first examines whether, in fact, the case can be characterized as a violation of freedom of expression; the second assesses whether this violation can be justified by the reasonable limit clause. This test was defined in the RV Oakes trial by the Supreme Court of Canada, concluding with the Oakes Test, used worldwide as a proportionality test. Resulting is a proportionality between the effects of the limiting measure and the objective - the more serious the harmful effects of a measure, the more important the objective must be.

Keywords: Oakes, proportionality, fundamental rights, Supreme Court of Canada

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Authors: Rica Jell de Laza, Jose Alberto Fernandez, Andrea Marie Mendoza, Qristin Jeuel Regalado

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This study investigates whether participants experience different levels of persuasion depending on the hemisphere of the brain and the tone of voice. The experiment was performed on 96 volunteer undergraduate students taking an introductory course in psychology. The participants took part in a 2 x 3 (Hemisphere: left, right x Tone of Voice: positive, neutral, negative) Mixed Factorial Design to measure how much a person was persuaded. Results showed that the hemisphere of the brain and the tone of voice used did not significantly affect the results individually. Furthermore, there was no interaction effect. Therefore, the hemispheres of the brain and the tone of voice employed play insignificant roles in persuading a person.

Keywords: dichotic listening, brain hemisphere, tone of voice, persuasion

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Authors: Oya Isik, Filiz Yurtal, Kubilay Vursavus, Muge K. Davran, Metehan Celik, Munire Akgul, Olcay Karacan

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In this study, to discuss the causes and problems of women by bringing together different disciplines engaged in women's studies were aimed. Also, to solve these problems, to share information and experiences in different disciplines about women, and to reach the task areas and decision mechanisms in practice were other objectives. For this purpose, proceedings presented at the Second Congress of Women's Studies held in Adana, Turkey, on 28-30 November 2018 was evaluated. The document analysis model, which is one of the qualitative research methods, was used in the evaluation of the congress proceedings. A total of 86 papers were presented in the congress and the topic distributions of the papers were determined. At the evaluation stage, the papers were classified according to their subjects and descriptive analyses were made on the papers. According to the analysis results of the papers presented in the congress, 64 % of the total 86 papers presented in the Congress were review-based and 36 % were research-based studies. When the distribution of these reports was examined based on subject, the biggest share with the rate of 34.9% (13 reviews and 17 research-based papers) has been studied on women's issues through sociology, psychology and philosophy. This was followed by the economy, employment, organization, and non-governmental organizations with 20.9% (9 reviews and nine research-based papers), arts and literature with 17.4% (15 reviews based papers) and law with 12.8% (11 reviews based papers). The lowest share of the congress was presented in politics with one review based paper (1.2%), health with two research-based paper (2.3%), history with two reviews based papers (2.3%), religion with two reviews and one research-based papers (3.5%) and media-communication with two compilations and two researches based papers (4.7%). In the papers categorized under main headings, women were examined in terms of gender and gender roles. According to the results, it was determined that discrimination against women continued, changes in-laws were not put into practice sufficiently, education and economic independence levels of women were insufficient, and violence against women continued increasingly. To eliminate all these problems and to make the society conscious, it was decided that scientific studies should be supported. Furthermore, support policies should be realized jointly for women and men to make women visible in public life, tolerance or mitigation should not be put forward for any reason or in any group in cases of harassment and assault against women. However, it has been determined that women in Turkey should be in a better position in the social, cultural, psychological, economic and educational areas, and future studies should be carried out to improve women's rights and to create a positive perspective.

Keywords: gender, gender roles, sociology, psychology and philosophy, women studies

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Authors: Marianna Russo

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Ageing population and youth unemployment are the major challenges that Western Countries – and Italy in particular – are facing in recent years. These phenomena have a significant impact not only on the labour market and the welfare system, but also on the organisational models of work. Therefore, in Italy, in the past few years, there have been some attempts to regulate the management of generational turn-over: intergenerational pacts, early retirement incentives, solidarity contracts, etc. In particular, this paper aims to focus on the expansive solidarity contracts, that were introduced in the Italian legal system for the first time in 1984. Indeed, they have been little used during the thirty years of their lives, so the Legislative Decree no. 148/2015, implementing the so-called Jobs Act, has given them another opportunity. The paper tries to analyse the rules and the empirical data, looking for a sustainable model of generational turn-over management.

Keywords: ageing population, generational turn-over, Italian jobs' act, solidarity contracts

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Authors: J. Zavodny Pospisil, L. S. Zavodna, K. Cerna

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The goal of this paper is to identify the main differences in the way men and women perceive TV ads. This paper is based on a research project conducted partly as a review of relevant papers, which deals with gender influence on the cognitive process and postmodern perception of advertising. In addition to that, qualitative research was conducted by means of interviews and structured questionnaires. Furthermore, data acquired from the research were used to evaluate our objectives and hypotheses. The goal of this paper is to compare women's and men's perception of advertisement. Although women are able to perceive more details than men, men are more susceptible to sexual appeals in advertising. Significant differences were also found in the perception of sexual appeals in the context of gender.

Keywords: advertising, consumer, emotion, gender, psychology of advertising

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Authors: Anthony R. Townsend, Robyn L. Fasser

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This research project provides an interpretative phenomenological analysis of a proposed conceptual model of parenting ability that has been designed to offer recommendations to guide intervention in child custody evaluations in South Africa. A recent review of the literature on child custody evaluations reveals that while there have been significant and valuable shifts in the capacity of the legal system aided by mental health professionals in understanding children and family dynamics, there remains a conceptual gap regarding the nature of parenting ability. With a view to addressing this paucity of a theoretical basis for considering parenting ability, this research project reviews a dimensional model for the assessment of parenting ability by conceiving parenting ability as a combination of good parenting and parental fitness. This model serves as a conceptual framework to guide child-custody evaluation and refine intervention in such cases to better meet the best interests of the child in a manner that bridges the professional gap between parties, legal entities, and mental health professionals. Using a model of good parenting as a point of theoretical departure, this model incorporates both intra-psychic and interpersonal attributes and behaviours of parents to form an impression of parenting ability and identify areas for potential enhancement. This research, therefore, hopes to achieve the following: (1) to provide nuanced descriptions of parents’ parenting ability; (2) to describe parents’ parenting potential; (3) to provide a parenting assessment tool for investigators in forensic family matters that will enable more useful recommendations and interventions; (4) to develop a language of consensus for investigators, attorneys, judges and parents, in forensic family matters, as to what comprises parenting ability and how this can be assessed; and (5) that all of the aforementioned will serve to advance the best interests of the children involved in such litigious matters. The evaluative promise and post-assessment prospects of this model are illustrated through three interlinking data sets: (1) the results of interviews with South African psychologists about the model, (2) retrospective analysis of care and contact evaluation reports using the model to determine if different conclusions or more specific recommendations are generated with its use and (3) the results of an interview with a psychologist who piloted this model by using it in care and contact evaluation.

Keywords: alienation, attachment, best interests of the child, care and contact evaluation, children’s act (38 of 2005), child custody evaluation, civil forensics, gatekeeping, good parenting, good-enough parenting, health professions council of South Africa, family law, forensic mental healthcare practitioners, parental fitness, parenting ability, parent management training, parenting plan, problem-determined system, psychotherapy, support of other child-parent relationship, voice of the child

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Authors: Vesna Kirandziska, Nevena Ackovska, Ana Madevska Bogdanova

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The problem of emotion recognition is a challenging problem. It is still an open problem from the aspect of both intelligent systems and psychology. In this paper, both voice features and facial features are used for building an emotion recognition system. A Support Vector Machine classifiers are built by using raw data from video recordings. In this paper, the results obtained for the emotion recognition are given, and a discussion about the validity and the expressiveness of different emotions is presented. A comparison between the classifiers build from facial data only, voice data only and from the combination of both data is made here. The need for a better combination of the information from facial expression and voice data is argued.

Keywords: emotion recognition, facial recognition, signal processing, machine learning

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Authors: Khlaid Albishi

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This paper participates in giving new vision and explains the learning and acquisition processes of English language by analyzing a certain context. Five important factors in English language acquisition and learning are discussed and suitable solutions are provided. The factors are compared with the learners' linguistic background at Bisha College of Technology BCT attempting to link the issues faced by students and the research done on similar situations. These factors are phonology, age of acquisition, motivation, psychology and courses of English. These factors are very important; because they interfere and affect specific learning processes at BCT context and general English learning situations.

Keywords: language acquisition, language learning, factors, Bisha college

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Authors: Colleen Cleveland, W. Adam Baldowski

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In the dynamic realm of online education, the integration of games and entertainment has emerged as a powerful strategy to captivate learners, drive active participation, and cultivate meaningful learning experiences. This abstract presents an overview of the upcoming conference, "Game On," dedicated to exploring the transformative impact of gamification, interactive simulations, and multimedia content in the digital learning landscape. Introduction: The conference aims to blur the traditional boundaries between education and entertainment, inspiring learners of diverse ages and backgrounds to actively engage in their online learning journeys. By leveraging the captivating elements of games and entertainment, educators can enhance motivation, retention, and deep understanding among virtual classroom participants. Conference Highlights: Commencing with an exploration of theoretical foundations drawing from educational psychology, instructional design, and the latest pedagogical research, participants will gain valuable insights into the ways gamified elements elevate the quality of online education. Attendees can expect interactive sessions, workshops, and case studies showcasing best practices and innovative strategies, including game-based assessments and virtual reality simulations. Inclusivity and Diversity: The conference places a strong emphasis on inclusivity, accessibility, and diversity in the integration of games and entertainment for educational purposes. Discussions will revolve around accommodating diverse learning styles, overcoming potential challenges, and ensuring equitable access to engaging educational content for all learners. Educational Transformation: Educators, instructional designers, and e-learning professionals attending "Game On" will acquire practical techniques to elevate the quality of their online courses. The conference promises a stimulating and informative exploration of blending education with entertainment, unlocking the untapped potential of games and entertainment in online education. Conclusion: "Game On" invites participants to embark on a journey that transforms online education by harnessing the power of entertainment. This event promises to be a cornerstone in the evolution of virtual learning, offering valuable insights for those seeking to create a more engaging and effective online educational experience. Join us as we explore new horizons, pushing the boundaries of online education through the fusion of games and entertainment.

Keywords: online education, games, entertainment, psychology, therapy, pop culture

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Authors: Megan E. Davies

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The effects of climate change impact the environment and our physical health but also demonstrate a growing risk factor for Canadians’ individual and collective mental health. Past research and expert predictions are discussed while exploring the connection between mental health concerns and climate change consequences, resulting in a call to action for psychological sciences to be integrated into solution planning. With the direct and indirect effects of climate change steadily increasing, political and legal aspects of sustainability, as well as the repercussions for mental health being seen in Canada regarding climate change, are investigated. An interdisciplinary perspective for reviewing the challenges of climate change is applied in order to propose a realistic plan for how policymakers and mental health professionals can work together moving forward in applying interventions that mediate against the effects of climate change on Canadians’ mental health.

Keywords: climate change, mental health, policy change, solution planning, sustainability

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Authors: Wichuda Kunnu, Aungkana Sukwises

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Audio-lingual method (ALM) is a teaching approach that is claimed that ineffective for teaching second/foreign languages. Because some linguists and second/foreign language teachers believe that ALM is a rote learning style. However, this study is done on a belief that ALM will be able to solve Thais’ English speaking problem. This paper aims to report the findings on teaching English speaking to adult learners with an “adapted ALM”, one distinction of which is to use Thai as the medium language of instruction. The participants are consisted of 9 adult learners. They were allowed to speak English more freely using both the materials presented in the class and their background knowledge of English. At the end of the course, they spoke English more fluently, more confidently, to the extent that they applied what they learnt both in and outside the class.

Keywords: teaching English, audio lingual method, cognitive science, psychology

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Authors: Shishir Lamichhane

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Nepal neither is a party to any international refugee instruments nor does it have a national legislation to govern the refugee concerns legislated in the international legal instruments. In the absence of both of these, Nepal has adopted a rather ad hoc approach to dealing with refugees. Whereas Nepali state’s ad hocism seems to be paying off well with prominent (and mainstream) refugee populations of Bhutanese and Tibetans, urban refugees like Pakistani Ahmadiyya refugees have been left mostly at the odds. This paper is an attempt to reflect how the ad hoc approach taken by the host country (Nepal) is resulting in the further persecution of the Pakistani Ahmadiyya refugees and is lined up with arguments about how the basic rights of these refugees are being violated in the absence of a proper law. Relevant information regarding urban refugees residing in Kathmandu has been gathered by applying Empirical Research Methodology, while the paper also reviews pertinent literature already available on the case of Ahmadiya community.

Keywords: Pakistan, Ahmadiya community, Nepal, urban refugees

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Authors: Vidya Yadav

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In every society, males and females are expected to behave in certain ways, and in every culture, those expectation, values and norms are different and vary accordingly. Many of the inequalities between men and women are rooted in institutional structure such as in educational field, labour market, wages, decision-making power, access to services as well as in accessing the health and well-being care also. The marriage and kinship pattern shape both men’s and women’s lives. Earlier many studies have highlighted the gender disparities which vary tremendously between regions, social classes, and communities. This study will try to explore the prominent indicators to show the status of women and well-being condition in Indian society. Primarily this paper concern with firstly identification of indicators related to gender in each area like education, work status, mobility, women participation in public and private decision making, autonomy and domestic violence etc. And once the indicators are identified next task is to define them. The indicators which are selected here are for a comparison of women’s status across Indian states. Recent Indian Human Development Survey, 2011-12 has been procured to show the current situation of women. Result shows that in spite of rising levels of education and images of growing westernization in India, love marriages remain in rarity even among urban elite. In India marriage is universal, and most of the men and women marry at relatively young age. Even though the legal age of marriage is 18, but more than 60 percent are married before the legal age. Not surprisingly, but Bihar and Rajasthan are the states with earliest age at marriage. Most of them reported that they have very limited contact with their husband before marriages. Around 69 percent of women met their husbands on the day of the wedding or shortly before. In spite of decline in fertility, still childbearing remains essential to women’s lives. Mostly women aged 25 and older had at least one child. Women’s control over household resources, physical space and mobility is also limited. Indian women’s, mostly rely on men to purchase day to day necessities, as well as medicines, as well as other necessary items. This ultimately reduces the likelihood that women have cash in hand for such purchases. The story is quite different when it comes to have control over decision over purchasing household assets such as TVs or refrigerator, names on the bank account, and home ownership papers. However, the likelihood of ownership rises among urbanite educated women’s. Women’s still have to the cultural norms and the practice of purdah or ghunghat, familial control over women’s physical movement. Wife beating and domestic violence still remain pervasive, and beaten for minor transgression like going out without permission. Development of India cannot be realized without the very significant component of gender. Therefore detailed examinations of different indicators are required to understand, strategize, plan and formulate programmes.

Keywords: autonomy, empowerment, gender, violence

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Authors: Suhair Mereish

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This research is aimed at examining the climate for innovation in organisations with the aim of validating the psychometric properties of the Team Climate Inventory (TCI -14) for Jordan’s collectivist society. The innovativeness of teams may be improved or obstructed by the climate within the team. Further, personal factors are considered an important element that influences the climate for innovation. Accordingly, measuring the employees' personality traits using the Big Five Inventory (BFI-44) could provide insights that aid in understanding how to improve innovation. Thus, studying the climate for innovation and its associations with personality traits is valuable, considering the insights it could offer on employee performance, job satisfaction, and well-being. Essentially, the Team Climate Inventory instrument has never been tested in Jordan’s collectivist society. Accordingly, in order to address the existing gap in the literature as a whole and, more specifically, in Jordan, it is essential to investigate its factorial structure and reliability in this particular context. It is also important to explore whether the factorial structure of the Team Climate Inventory in Jordan’s collectivist society demonstrates a similar or different structure to what has been found in individualistic ones. Lastly, examining if there are associations between the Team Climate Inventory and personality traits of Jordanian employees is pivotal. The quantitative study was carried out among Jordanian employees employed in two of the top 20 companies in Jordan, a shipping and logistics company (N=473) and a telecommunications company (N=219). To generalise the findings, this was followed by collecting data from the general population of this country (N=399). The participants completed the Team Climate Inventory. Confirmatory factor analyses and reliability tests were conducted to confirm the factorial structure, validity, and reliability of the inventory. Findings presented that the four-factor structure of the Team Climate Inventory in Jordan revealed a similar structure to the ones in Western culture. The four-factor structure has been confirmed with good fit indices and reliability values. Moreover, for climate for innovation, regression analysis identified agreeableness (positive) and neuroticism (negative) from the Big Five Inventory as significant predictors. This study will contribute to knowledge in several ways. First, by examining the reliability and factorial structure in a Jordanian collectivist context rather than a Western individualistic one. Second, by comparing the Team Climate Inventory structure in Jordan with findings for the Team Climate Inventory from Western individualistic societies. Third, by studying its relationships with personality traits in that country. Furthermore, findings from this study will assist practitioners in the field of organisational psychology and development to improve the climate for innovation for employees working in organisations in Jordan. It is also expected that the results of this research will provide recommendations to professionals in the business psychology sector regarding the characteristics of employees who hold positive and negative perceptions of the workplace climate.

Keywords: big five inventory, climate for innovation, collectivism, individualism, Jordan, team climate inventory

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Authors: Hashim Ali, Sheheryar Khan

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Security for applications is always been a keen issue of concern. In general, security is to allow access of grant to legal user or to deny non-authorized access to the system. Shoulder surfing is an observation technique to hack an account or to enter into a system. When a malicious observer is capturing or recording the fingers of a user while he is entering sensitive inputs (PIN, Passwords etc.) and may be able to observe user’s password credential. It is very rigorous for a novice user to prevent himself from shoulder surfing or unaided observer in a public place while accessing his account. In order to secure the user account, there are five factors of authentication; they are: “(i) something you have, (ii) something you are, (iii) something you know, (iv) somebody you know, (v) something you process”. A technique has been developed of fifth-factor authentication “something you process” to provide novel approach to the user. In this paper, we have applied position based operational code authentication in such a way to more easy and user friendly to the user.

Keywords: shoulder surfing, malicious observer, sensitive inputs, authentication

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Authors: Prince Amartey

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Water is critical to public health, quality of life, environmental preservation, economic activity, and long-term growth. In this environment, it is critical to ensure the ongoing improvement of all processes and practices that contribute to the quality and safety of water. Water safety plans (WSPs) developed by water companies are an essential public policy instrument for achieving these objectives. This manuscript examines international evidence of water safety planning adoption and implementation and reports on the current situation in Portugal as part of the necessary adaptation of the national legal framework to the publication of the Directive on water quality for human consumption. The goal is to take lessons from various successful WSP projects throughout the world while writing new legislation in Ghana and elsewhere. According to the findings, four crucial aspects and key factors of success in establishing and implementing WSPs exist commitment from leadership, technical proficiency, administration, and cooperation among agencies.

Keywords: safe drinking, risk, policy, implementation

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Authors: Helyeh Doutaghi

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The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations. Under the Charter of the United Nations (UN Charter), the UNSC’s primary responsibility is maintaining international peace and security, which it does through establishing and adopting a Security Council resolution. United Nations resolutions are formal expressions of the opinion or will of United Nations organs. However, there have been times when powerful politicians (or governments with great political power) had the first say in situations where the UNSC should have had jurisdiction based on the principle of rule of law, which is the notion that people are governed by the law rather than by officials. This paper will assess the effectiveness of the UNSC by analyzing its actions during the Iran-Iraq war for it has been found that one of the major reasons for the prolongation of the war was a result of the one-sided positions taken by the UNSC and many nations. The UNSC’s success in achieving its primary goal during the war will be discussed, including an examination of the duties and structure of the UNSC by reviewing the articles in the UN Charter; this will include examples of the UNSC’s role in other international disputes as well.

Keywords: UN Security Council, Iran, Iraq, charter, international law

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Authors: Ardawan Mustafa Ismail, Rebaz Sdiq Ismail

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The subject of minorities takes an exceptional importance at all levels, around the world, especially those whose population is composed of many nationalities, and this subject became a very affective part in every country for its security, entity and stability, such as the nationality, religion or culture, as a result of internal factors and external influences, and at the same time it became clear that enslaving minorities had become a matter of reality. Which made the rights of minorities one of the legal, political and geographical issues, many attempts emerged that specialists and non-specialists have given the minorities ’problems their realistic solutions away from theorizing and assumption. On this chosen topic, there are many researches that are written in general places, but… It is believed did not see any in-depth studies dealing with the protection of minority rights of the Region of Kurdistan/ Iraq, because in the Region of Kurdistan/ Iraq there are many minorities living in this area, such as: Muslims, Yazidi, Assyrian, Christian, Chaldeans, and others.

Keywords: minority, international law, protection, Kurdistan, people

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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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Authors: Nino Grigolaia

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The paper discusses the importance of the development of the gig economy in the economy of Georgia, analyzes the trends of the development of the gig economy, and identifies the main challenges in this field. Objective. The objective of the study is to assess the role of the gig economy, identify the main challenges and develop recommendations. Methodologies. Analysis, synthesis, comparison, induction and other methods are used; A desk study has been conducted. Findings. The advantages and disadvantages of the gig economy are identified, and the impact of the changes caused by the development of the gig economy on labor relations and employment is determined. It is argued that the ongoing technological changes have led to the emergence of new global trends in the labor market and increased the inequality of income distribution. Conclusions. Based on the analysis of the gig economy in the world and in Georgia, relevant recommendations are proposed, namely: establishing a new system of regulating the incomes of employees in this field, developing a real social protection mechanism, Development of political and legal instruments for regulation of gig economy and others.

Keywords: gig economy, economy of Georgia, digital platforms, labor relations

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Authors: Elitaria Bestri Agustina Siregar, Boni Fasius Siregar

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The paper concerned with the transitivity in the reading passage of English textbook for Senior High School. The six types of process were occurred in the passages with percentage as follows: Material Process is 166 (42%), Relational Process is 155 (39%), Mental Process is 39 (10%), Verbal Process is 21 (5%), Existential Process is 13 (3), and Behavioral Process is 5 (1%). The material processes were found to be the most frequently used process type in the samples in our corpus (41,60 %). This indicates that the twenty reading passages are centrally concerned with action and events. Related to developmental psychology theory, this book fits the needs of students of this age.

Keywords: transitivity, types of processes, reading passages, developmental psycholoy

Procedia PDF Downloads 407

Authors: Tahraoui Boualem

Abstract:

Researching the historical framework of international crime means examining the historical facts that have contributed to uncovering this serious crime affecting international interests, and the law by which the study of the subject of international crime is determined is international criminal law, which is a branch of public international law. In this context, the historical study of international crime means recognizing the existence of an international community governed by international law, which makes us acknowledge that ancient societies lacked such stable and recurring international relations. Therefore, an attempt to monitor international crime in those ancient societies is only to demonstrate a historical fact that those societies have known some features of this crime, and have contributed in one way or another to the development of international criminal law without defining its concept or legal nature. The international community has affirmed the principle of establishing peace, achieving security, and respecting human rights. As a basis for friendly relations between the people of the international community and in case of prejudice, such as the aggressors breaching the obligations imposed on them, whether in time of peace or war.

Keywords: historical framework, of international crime, peace or war., international law

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Authors: Tahraoui Boualem

Abstract:

The International Labor Organization is one of the specialized agencies of the United Nations, and it is the only organization within the United Nations system that is distinguished by its tripartite legitimacy and which simultaneously includes governments, workers' and employers' organizations of its member states in a joint effort to set standards and policies Work to promote decent work in various parts of the world, and the expression of international labor standards basically means two types of documents, namely international labor agreements and international labor recommendations, and so far its general conference, which is held annually, has set a number of standards, the number of which has reached 184 agreements and 192 recommendations so far. For this reason, it is decided to clarify the International Labor Organization and the formulation of international labor standards within two sections. In the first topic, the researcher discusses the concept of the International Labor Organization, and in the second topic, it highlights the legal basis for the authority of the International Labor Organization in protecting the rights of workers.

Keywords: international labor, international labor standards, rights of workers, nation’s system

Procedia PDF Downloads 68

Authors: Xiaochen Mu

Abstract:

Data rights confirmation, as a key legal issue in the development of the digital economy, is undergoing a transition from a traditional rights paradigm to a more complex private-economic paradigm. In this process, data rights confirmation has evolved from a simple claim of rights to a complex structure encompassing multiple dimensions of personality rights and property rights. Current data rights confirmation practices are primarily reflected in two models: holistic rights confirmation and process rights confirmation. The holistic rights confirmation model continues the traditional "one object, one right" theory, while the process rights confirmation model, through contractual relationships in the data processing process, recognizes rights that are more adaptable to the needs of data circulation and value release. In the design of the data property rights system, there is a hierarchical characteristic aimed at decoupling from raw data to data applications through horizontal stratification and vertical staging. This design not only respects the ownership rights of data originators but also, based on the usufructuary rights of enterprises, constructs a corresponding rights system for different stages of data processing activities. The subjects of data property rights include both data originators, such as users, and data producers, such as enterprises, who enjoy different rights at different stages of data processing. The intellectual property rights system, with the mission of incentivizing innovation and promoting the advancement of science, culture, and the arts, provides a complete set of mechanisms for protecting innovative results. However, unlike traditional private property rights, the granting of intellectual property rights is not an end in itself; the purpose of the intellectual property system is to balance the exclusive rights of the rights holders with the prosperity and long-term development of society's public learning and the entire field of science, culture, and the arts. Therefore, the intellectual property granting mechanism provides both protection and limitations for the rights holder. This perfectly aligns with the dual attributes of data. In terms of achieving the protection of data property rights, the granting of intellectual property rights is an important institutional choice that can enhance the effectiveness of the data property exchange mechanism. Although this is not the only path, the granting of data property rights within the framework of the intellectual property rights system helps to establish fundamental legal relationships and rights confirmation mechanisms and is more compatible with the classification and grading system of data. The modernity of the intellectual property rights system allows it to adapt to the needs of big data technology development through special clauses or industry guidelines, thus promoting the comprehensive advancement of data intellectual property rights legislation. This paper analyzes data protection under the virtual property layer theory and two-fold virtual property rights system. Based on the “bundle of right” theory, this paper establishes specific three-level data rights. This paper analyzes the cases: Google v. Vidal-Hall, Halliday v Creation Consumer Finance, Douglas v Hello Limited, Campbell v MGN and Imerman v Tchenquiz. This paper concluded that recognizing property rights over personal data and protecting data under the framework of intellectual property will be beneficial to establish the tort of misuse of personal information.

Keywords: data protection, property rights, intellectual property, Big data

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Authors: Sabera Sultana

Abstract:

In today's war-torn world, it is crucial to identify, understand, and apply the laws aimed at minimizing civilian casualty during wartime. The purpose of this paper is to analyze the provisions of protected status under international humanitarian law and evaluate the historical facts and shreds of evidences of violation of protected status during the Liberation War of Bangladesh. This legal research paper evaluates the international humanitarian laws and case laws regarding protected status of people during wartime and evaluates them against the historical facts and well-documented evidences of violation of protected status during the Liberation War of Bangladesh. This paper will help to create a brief guideline on Protected Status under international humanitarian law, which will help to protect our civilians during wartime if ever required.

Keywords: civilian protection, international humanitarian laws, liberation war of Bangladesh, protected status

Procedia PDF Downloads 209