Search results for: moral rights

Authors: Valentina Tereshkova

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The paper shows how the relationship between international law and national sovereignty is viewed through the implementation of European Court of Human Right judgments. Methodology: Сonclusions are based on a survey of representatives of the legislative authorities and judges of the Krasnoyarsk region, the Rostov region, Sverdlovsk region and Tver region. The paper assesses the activities of the Russian Constitutional Court from 1998 to 2015 related to the establishment of the implementation mechanism and the Russian Constitutional Court judgments of 14.07.2015, № 21-P and of 19.04.2016, № 12-P where the Constitutional Court stated the impossibility of executing ECtHR judgments. I. Implementation of ECHR judgments by courts and other authorities. Despite the publication of the report of the RF Ministry of Justice on the implementation, we could not find any formal information on the Russian policy of the ECtHR judgment implementation. Using the results of the survey, the paper shows the effect of ECtHR judgments on law and legal practice in Russia. II. Implementation of ECHR judgments by Russian Constitutional Court. Russian Constitutional Court had implemented the ECtHR judgments. However, the Court determined on July, 14, 2015 its competence to consider the question of implementation of ECHR judgments. Then, it stated that the execution of the judgment [Anchugov and Gladkov case] was impossible because the Russian Constitution has the highest legal force on April, 19, 2016. Recently the CE Committee of Ministers asked Russia to provide ‘without further delay’ a compensation plan for the Yukos case. On November 11, 2016, Constitutional Court accepted a request from the Ministry of Justice to consider the possibility of execution of the ECtHR judgment in the Yukos case. Such a request has been made possible due to a lack of implementation mechanism. Conclusion: ECtHR judgments are as an effective tool to solve the structural problems of a legal system. However, Russian experts consider the ECHR as a tool of protection of individual rights. The paper shows link between the survey results and the absence of the implementation mechanism. New Article 104 par. 2 and Article 106 par. 2 of the Federal Law of the Constitutional Court are in conflict with international obligations of the Convention on the Law on Treaties 1969 and Article 46 ECHR. Nevertheless, a dialogue may be possible between Constitutional Court and the ECtHR. In its judgment [19.04.2016] the Constitutional Court determined that the general measures to ensure fairness, proportionality and differentiation of the restrictions of voting rights were possible in judicial practice. It also stated the federal legislator had the power ‘to optimize the system of Russian criminal penalties’. Despite the fact that the Constitutional Court presented the Görgülü case [Görgülü v Germany] as an example of non-execution of the ECtHR judgment, the paper proposes to draw on the experience of German Constitutional Court, which in the Görgülü case, on the one hand, stressed national sovereignty and, on the other hand, took advantage of this sovereignty, to resolve the issue in accordance with the ECHR.

Keywords: implementation of ECtHR judgments, sovereignty, supranational jurisdictions, principle of subsidiarity

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Authors: Xiaochen Mu

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Whether in common law countries that adhere to the "commercial copyright theory" or in civil law countries that center around "author's rights," the standards for judging originality have undergone continuous adjustments in response to the development of information technology. The adherence to originality standards does not arbitrarily dictate that all types of works be judged according to a single standard of originality, nor does it rigidly ignore the changes in creative methods and dissemination models brought about by technology. Adjustments and interpretations should be allowed based on the different forms of expression of works. Appropriate adjustments and interpretations are our response to technological advancements. However, what should be upheld are the principles and bottom lines of these adjustments and interpretations, namely the legislative intent and purpose of copyright law, which are to encourage the creation and dissemination of outstanding cultural works and to promote the flourishing of culture.

Keywords: generative artificial intelligence, originality, works, copyright

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Authors: Ryan Dale B. Elnar

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This study developed a multidimensional need assessment scale for college students called The University of Mindanao Needs Assessment Scale (UMNAS). Although there are context-specific instruments measuring the needs of clinical and non-clinical samples, literature reveals no standardized scales to measure the needs of the college students thus a four-phase item development process was initiated to support its content validity. Comprising seven broad facets namely spiritual-moral, intrapersonal, socio-personal, psycho-emotional, cognitive, physical and sexual, a pyramid model of college needs was deconstructed through FGD sample to support the literature review. Using various construct validity procedures, the model was further tested using a total of 881 Filipino college samples. The result of the study revealed evidences of the reliability and validity of the UMNAS. The reliability indices range from .929-.933. Exploratory and confirmatory factor analyses revealed a one-factor-six-dimensional instrument to measure the needs of the college students. Using multivariate regression analysis, year level and course are found predictors of students’ needs. Content analysis attested the usefulness of the instrument to diagnose students’ personal and academic issues and concerns in conjunction with other measures. The norming process includes 1728 students from the different colleges of the University of Mindanao. Further validation is recommended to establish a national norm for the instrument.

Keywords: needs assessment scale, validity, factor analysis, college students

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Authors: Itze Coronel Salomon

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The rise of organized crime and violence related to drug cartels in Mexico has created serious challenges for the authorities to provide security to those who live within its borders. However, to achieve a significant improvement in security is absolute respect for fundamental human rights by the authorities. Irregular migrants in Mexico are at serious risk of abuse. Research by Amnesty International as well as reports of the NHRC (National Human Rights) in Mexico, have indicated the major humanitarian crisis faced by thousands of migrants traveling in the shadows. However, the true extent of the problem remains invisible to the general population. The fact that federal and state governments leave no proper record of abuse and do not publish reliable data contributes to ignorance and misinformation, often spread by the media that portray migrants as the source of crime rather than their victims. Discrimination and intolerance against irregular migrants can generate greater hostility and exclusion. According to the modus operandi that has been recorded criminal organizations and criminal groups linked to drug trafficking structures deprive migrants of their liberty for forced labor and illegal activities related to drug trafficking, even some have been kidnapped for be trained as murderers . If the victim or their family cannot pay the ransom, the kidnapped person may suffer torture, mutilation and amputation of limbs or death. Migrant women are victims of sexual abuse during her abduction as well. In 2011, at least 177 bodies were identified in the largest mass grave found in Mexico, located in the town of San Fernando, in the border state of Tamaulipas, most of the victims were killed by blunt instruments, and most seemed to be immigrants and travelers passing through the country. With dozens of small graves discovered in northern Mexico, this may suggest a change in tactics between organized crime groups to the different means of obtaining revenue and reduce murder profile methods. Competition and conflict over territorial control drug trafficking can provide strong incentives for organized crime groups send signals of violence to the authorities and rival groups. However, as some Mexican organized crime groups are increasingly looking to take advantage of income and vulnerable groups, such as Central American migrants seem less interested in advertising his work to authorities and others, and more interested in evading detection and confrontation. This paper pretends to analyze the introduction of this new trend of kidnapping migrants for forced labors by drug cartels in Mexico into the forms of contemporary slavery and its implications.

Keywords: international law, migration, transnational organized crime

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Authors: Talita Cavaignac

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Adorno's critique of totality, especially in a split society marked by reification, also rests on the impossibility of generalizing normative principles. Given the unfeasibility of normative universalizations, which conditions can justify the possibility of criticism and normativity in Adorno's thought? If reason itself is still entangled in alienation from the model of the domination of nature, how could be possible a critical theory? In political terms, if the notion of totality is challenged by the critique of identity, how can Adorno maintain the ideal of liberation and reconciliation between private interests and the possibility of some sort of ethics without giving up a materialist theory of society and without betting in a necessary link between redemption and history? Faced with this complex of questions, it is intended to reflect on the sense in which the notion of ‘suffering’ could throw help to the epistemological problem of the foundations of criticism in Adorno's work. The idea is that, in contrast to a universalizable model of justice, Adorno mobilizes in the notion of ‘suffering’ a gateway to the critical reflection of society. He would thus develop an approach to moral problems through the sensual-bodily perspective, fear, pain, and somatic factors. Nevertheless, due to the attention to the damaged experience and to the constitution of subjectivity -a sense in which the concept of mimesis continues to stand out- we understand suffering as an expression of an objective reification. Following the statement of other authors, the intention is to think how the resources linked to the idea of ‘suffering’ in Adorno's writings are engaged in the reflection of the problem of morality and of the contradictions between universal and particular (articulated in Hegel's tradition).

Keywords: ethics, morality, sensitive, Theodor Adorno

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Authors: Yi Yin Chen, Changsoo Hur

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This study explores the role of totems and decorative texts on an indigenous primary school campus in Taiwan, as well as how they affect the building of the cultural identity of indigenous students. By employing Roland Barthes' semiotic theory, this research aims to uncover the cultural meanings and social functions contained in these visual symbols, as well as their significance for building a cultural identity among indigenous students. The study uses a qualitative method, combining observations, interviews, and document analysis to explore how these symbols perform as carriers of hidden meaning and contribute to educational and cultural settings. The findings show that totems on the indigenous school campus reflect the ethnic group's cultural background knowledge, allowing students to study their cultural heritage and providing a sense of belonging. However, certain textual decorations also reflect the historical influence of the hegemonic government attempting to establish moral norms in the ethnic group. This coexistence of traditional ethnic totems and hegemonic textual admonitions in the school environment creates a complex identity landscape for students, leading to a multiplicity of cultural identities. It underlines the importance of culturally relevant symbols in enhancing students' cultural heritage and identity and presents the challenges posed by conflicting cultural messages within the educational context.

Keywords: Roland Barthes, semiotic, Indigenous, Bunun

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Authors: Yusra Ibrahim

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Parental involvement in their children’s education and behavioral modification is important. This article provides a policy analysis that describes laws and public education regulations concerning justice-involved youth and youth at risk of delinquency in the United Arab Emirates. The article aims to clarify the UAE laws for parents and guardians regarding their involvement in addressing school violations and crimes committed by their children, particularly those with emotional and behavioral disorders, youths at risk for delinquency, and justice-involved youths. The article concludes with implications for parents, policymakers, and educators and suggests ways to improve services and support for these parents and their youth.

Keywords: justice-involved youth, parents, incarceration, incarcerated youth, United Arab Emirates.

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Authors: Peristera Baziana

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In this paper, we present a network configuration for a WDM LANs of passive star topology that assume that the set of data WDM channels is split into two separate sets of channels, with different access rights over them. Especially, a synchronous transmission WDMA access algorithm is adopted in order to increase the probability of successful transmission over the data channels and consequently to reduce the probability of data packets transmission cancellation in order to avoid the data channels collisions. Thus, a control pre-transmission access scheme is followed over a separate control channel. An analytical Markovian model is studied and the average throughput is mathematically derived. The performance is studied for several numbers of data channels and various values of control phase duration.

Keywords: access algorithm, channels division, collisions avoidance, wavelength division multiplexing

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Authors: Djehich Mohamed Yousri

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This paper aims to address the dialectic of law and politics in the philosophy of the state of the philosopher Hegel by addressing the concept of law, which refers to its general meaning to the set of rules and legislation that man sets to apply them within society, as it is considered one of the primary and necessary conditions for the functioning of And organizing social life, when it defines the rights and duties of every individual belonging to the state, by approaching it with central concepts in political philosophy, such as the state, freedom and the people. The most prominent result that we reached through our analysis of the details of the problematic research is the relationship between law and politics in the philosophical system of Hegel; on the one hand, We find that the state is rational only to the extent that it resorts to the law and works under it, and the latter does not realize its essence and effectiveness unless it is extracted from the customs, traditions, and culture of the people so that it does not conflict with the ideal goal of its existence, which is to achieve freedom and protect it from all possible. A state does not mean at all to reduce the freedom of the people, so there is no conflict between law and freedom.

Keywords: hegel, the law, country, freedom, citizen

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Authors: Ebru Ozgur Guler, Huseyin Guler, Sera Sanli

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Social Progress Index (SPI) whose fundamentals have been thrown in the World Economy Forum is an index which aims to form a systematic basis for guiding strategy for inclusive growth which requires achieving both economic and social progress. In this research, it has been aimed to determine the relations among “Basic Human Needs” (BHN) (including four variables of ‘Nutrition and Basic Medical Care’, ‘Water and Sanitation’, ‘Shelter’ and ‘Personal Safety’) and “Opportunity” (OPT) (that is composed of ‘Personal Rights’, ‘Personal Freedom and Choice’, ‘Tolerance and Inclusion’, and ‘Access to Advanced Education’ components) dimensions of 2016 SPI for 138 countries which take place in the website of Social Progress Imperative by carrying out canonical correlation analysis (CCA) which is a data reduction technique that operates in a way to maximize the correlation between two variable sets. In the interpretation of results, the first pair of canonical variates pointing to the highest canonical correlation has been taken into account. The first canonical correlation coefficient has been found as 0.880 indicating to the high relationship between BHN and OPT variable sets. Wilk’s Lambda statistic has revealed that an overall effect of 0.809 is highly large for the full model in order to be counted as statistically significant (with a p-value of 0.000). According to the standardized canonical coefficients, the largest contribution to BHN set of variables has come from ‘shelter’ variable. The most effective variable in OPT set has been detected to be ‘access to advanced education’. Findings based on canonical loadings have also confirmed these results with respect to the contributions to the first canonical variates. When canonical cross loadings (structure coefficients) are examined, for the first pair of canonical variates, the largest contributions have been provided by ‘shelter’ and ‘access to advanced education’ variables. Since the signs for structure coefficients have been found to be negative for all variables; all OPT set of variables are positively related to all of the BHN set of variables. In case canonical communality coefficients which are the sum of the squares of structure coefficients across all interpretable functions are taken as the basis; amongst all variables, ‘personal rights’ and ‘tolerance and inclusion’ variables can be said not to be useful in the model with 0.318721 and 0.341722 coefficients respectively. On the other hand, while redundancy index for BHN set has been found to be 0.615; OPT set has a lower redundancy index with 0.475. High redundancy implies high ability for predictability. The proportion of the total variation in BHN set of variables that is explained by all of the opposite canonical variates has been calculated as 63% and finally, the proportion of the total variation in OPT set that is explained by all of the canonical variables in BHN set has been determined as 50.4% and a large part of this proportion belongs to the first pair. The results suggest that there is a high and statistically significant relationship between BHN and OPT. This relationship is generally accounted by ‘shelter’ and ‘access to advanced education’.

Keywords: canonical communality coefficient, canonical correlation analysis, redundancy index, social progress index

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Authors: Oyekan Kolawole Jamiu

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The right to life is a moral principle based on the belief that a human being has the right to life and, in particular, should not be unjustly killed by another human being. However, the most worrisome security challenge in Nigeria which has cut short the lives of innocent Nigerians is the activities of the dreaded terrorist group known as Boko Haram (which means Western Education is a sin). Between 2004 till date, over 15000 people have been gruesomely murdered by this terrorist group. However, despite the facts that suspected terrorists are arrested and paraded almost on a daily basis, cases of terrorism in our courts in Nigeria today have not been expeditiously dealt with by the judiciary. This paper examines the concept of right to life. The right to life is an inherent right for each and every person. From his or her birth; the individual is considered a living being that must be protected. The right to life connotes also right to live and grow in a healthy environment where there is appropriate health care, qualitative education and adequate security of lives and property. The paper also examines the fight against terrorism and the duty of the government to protect right to life of every individual even in the midst of the fight against terrorism. The paper further reviews the Terrorism Act 2011(as amended) and the clogs in the wheel of prosecution of suspected terrorists. The paper concludes that since terrorism is a new security challenge, to prevent conflict of interest, only one security agency should be trained and saddled with the responsibility of prosecuting suspected terrorist, Law should be enacted to compel intelligent gathering and sharing of information among security agencies and in addition, a special court should be established to deal expeditiously with cases of terrorism in Nigeria.

Keywords: terrorism, intelligent gathering, right to life, prosecution

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Authors: Karnsunaphat Balthip, Bunrome Suwanphahu

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Purpose in life is one attribute of the concept of spirituality which is used in health promotion to promote holistic wellbeing. Purpose is a significant foundation of motivation and achievement that guides adolescents down positive life paths. Adolescents who have life purpose are more likely to achieve greater success and wellbeing in their lives. The current study used qualitative research methodology to describe the experiences that enhanced the purpose in life of 27 Thai adolescents from different backgrounds, living in urban areas in southern Thailand. Data were gathered through in-depth interviews and observation. Thematic analysis methods guided data analysis. The results showed that love and connectedness are important in enhancing purpose in life. They illustrate four attributes of love and connection reflecting the four attributes of gratitude that enhance purpose in life: (1) self-love, or gratitude to oneself, whereby participants endeavor to live life in a positive way by taking care of themselves based on moral and ethical values; (2) connectedness or gratitude to parents or significant others, whereby participants are committed to taking holistic care (physical, psychological, and spiritual) of their significant others; (3) connectedness or gratitude to peers, whereby participants support their peers to help them live their own lives in a positive way; and (4) connectedness or gratitude to the wider world (environment, society, nation and beyond), through a sense of altruism towards others. The findings provide helpful insights for parents, nurses, and other health professionals supporting adolescents to obtain a purpose in life.

Keywords: adolescent, gratitude, purpose in life, spirituality

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Authors: Majed Aldusaimani

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Introduction: The researcher aims to verify the extent of the criminal investigator's commitment to the Islamic morals set out in the Holy Quran, their application in his work, and to understand the point of view of police officers, clerks and suspects regarding the investigator's commitment to moral and ethics in practice. Research question: Are the criminal investigators at the Bureau of Investigation and Public Prosecution in the Kingdom of Saudi Arabia committed to the application of the practical morals set out in the Holy Quran in the view of the police officers, clerks and suspects with whom they work? Objectives of the study: 1. Identifying the standing of morality in Islam. 2. Identifying the practical morals outlined in the Holy Quran. 3. Identifying the most important practical morals in the Holy Quran that must be met by the criminal investigator from the viewpoint of the investigator himself. 4. Identifying the criminal investigator's commitment to the practical morals set out in the Holy Quran as perceived from the perspectives of police officers, clerks and suspects. Methodology: This study will use a descriptive methodology through quantitative and qualitative analysis of the data from respondents, who will be asked to answer questions about the extent of the commitment to the practical morals set out in the Holy Quran of the criminal investigators at the Bureau of Investigation and Public Prosecution that they have encountered.

Keywords: Islamic, investigator, Morals, Quran

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Authors: Robyn Heitzman

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The traditional method of punitive justice in Brazil has failed to prevent high levels of recidivism. Combined with overcrowding, a lack of resources, and human rights abuses, the conventional prison approach in Brazil is being questioned; one alternative approach is the association of protection and assistance to convicts (APAC) method. Justice -according to the principles of the APAC methodology- is served through education, reformation, and human development. The model has reported relatively low levels of recidivism and has been internationally recognised for its progress. Through qualitative research such as interviews and case studies, this paper explains why, applying the theory of restorative justice, the APAC methodology yields lower rates of recidivism compared to the traditional models of prisons in Brazil. 

Keywords: Brazil, justice, prisons, restorative

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Authors: Nivedita Roy, Aparajita Chattopadhyay

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Gender discrimination is already one of the major factors why India is still in the list of the 3rd World Countries, but, when it comes to gender inclusion in the environmental arena, this umbrella concept is quite unheard of by our countrymen. The main objective was to assess gender equality for the environment through calculating Environment and Gender Index on a country level, India, in this case. 22 states out of 29 were considered for calculation. Also, out of the 72 countries chosen by IUCN to calculate EGI, the lower middle income group of countries was chosen to assess the position of India, also a lower middle income group country, among them. Linear Regression is executed through SPSS and simple graphs and tables are prepared through MS-EXCEL for analysis. India portrays good governance, reporting activities well to the UN but in terms of basic livelihood and gender equality, the performance is comparatively weak.

Keywords: environment, gender, livelihood, rights, participation, development, conservation

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Authors: Wen-Shan Lin, Shu-Lu Hsu

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Environmental concern and consumer rights have entailed e-tailers to adopt better strategies to facilitate product returns from customers. As the demand for reverse logistics (RL) continues to grow, little is known about what motivates e-tailers to enhance their RL capabilities and about the role RL capabilities plays in enabling e-tailers to achieve better customer satisfaction and economic performance. Based on resource-based theory and institutional theory, this article proposes that the following factors play a critical role in influencing the RL capability of e-tailers: (a) Financial resource commitment to RL, (b) managerial resource commitment to RL, and (c) institutional pressure to implement RL. Based on the role of these factors, the study provides a framework and propositions that serve to guide future research addressing the link among resources, institutional pressure, and RL capability.

Keywords: reverse logistics, e-tailing, resource-based theory, institutional theory

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Authors: Mohammed Huraysi

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This research will investigate the historical coverage of foreign issues in U.S. newspapers. The study will focus on three main areas, which are coverage of wars, foreign leaders, and human rights in foreign countries, and analyze them by applying the framing theory to news stories about Saudi Arabia, used as a case study, within two different newspapers over some time Wall Street Journal and The New York Times will be investigated and representative of two distinct newspaper orientations, which are conservative and liberal ideological orientations. By the end of this research study, comprehensive coverage of these topics in U.S. newspapers from past to present will be provided, leading to an ability to discover consistency or lack thereof, explain the present, and devise future expectations.

Keywords: framing theory, US newspapers, historical research, Saudi Arabia

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Authors: Crystal Shackleford, Michael Pasek, Allon Vishkin, Jeremy Ginges

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In the Middle East, conflict is often viewed as religiously motivated. In this context, an important question is how we think the religion of the other drives their behavior. If people see conflicts as religious, they may expect the belief of the other to motivate intergroup bias. Beliefs about the motivations of the other impact how we engage with them. Conflict may result if actors believe the other’s religion promotes parochialism. To examine how actors on the ground in Israel-Palestine think about the God of the other as it relates to the other’s behavior towards them, we ran two studies in winter 2019 with an online sample of Jewish Israelis and fieldwork with Palestinians in the West Bank. We asked participants to predict the behavior of an outgroup member participating in an economic game task, dividing the money between themselves and another person, who is either an ingroup or outgroup member. Our experimental manipulation asks participants to predict the behavior of the other when the other is thinking of their God. Both Israelis and Palestinians believed outgroup members would show in-group favoritism, and that group members would give more to their in-group when thinking of their God. We also found that participants thought outgroup members would give more to their own ingroup when thinking of God. In other words, Palestinians predicted that Israelis would give more to fellow Israelis when thinking of God, but also more to Palestinians. Our results suggest that religious belief is seen to promote universal moral reasoning, even in a context with over 70 years of intense conflict. More broadly, this challenges the narrative that religion necessarily motivates intractable conflict.

Keywords: conflict, psychology, religion, meta-cognition, morality

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Authors: Nathalie Quinto, Danielle Solancho

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In 1986, after Marcos’ Martial Law of 1972, the Philippines revised its constitution for the fifth time, under the Aquino Administration. Extrajudicial violence was expected to be lessened, if not completely eradicated after this was passed. However, state-sponsored executions continued to persist even in the present time. There are currently identified policy gaps when it comes to extrajudicial cases, as there is no generally accepted definition of the term in the Philippines. In this paper, a triangulation method of historically published papers, key informant interviews, and focus group discussions of academics, scholars, and people who are involved in various cases found, was utilized for the methodology. This paper explores the establishment of a normalized system of state-sponsored executions in the country and why the state resorts to this kind of action. It found that due to a weak political, and social institution, a culture of extrajudicial executions was established.

Keywords: extrajudicial execution, human rights, justice, security

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Authors: Abdelkadir Elhaouari

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The priciest thing in human life since his birth is his freedom, basing on this idea, the conflict exists till now, the fight against oppression, injustice, tyranny and slavery, searching for freedom and political resistances, and this makes the freedom is deeply related to the defense for its existence all over years. This project attempts using any way to preserve this freedom, and building and maintaining bases and rules to organize this life. Appeal is a one of the most important method that human uses to protect his freedom, and we will mention in this thesis our attempt to clarify this aspect to the individual. We can say that the law does not know just one color or one logic, and is not based on one rule to be taken by heart, but the law is neutrality, the diversity, abstraction and diligence diversity. The penal law is a valued law and it deserves to be studied and searched more… so that to attempt to master it. Our thesis is just a brief explanation of an important point in this law, where we attempt to clarify and simplify the image to the normal person, so that he can preserve his rights, and we hope that we had succeeded to choose the right topic for that.

Keywords: appeal, penalization, judgement, criminal

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Authors: Ivannys Cappas Perez

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Worldwide the population of older adults is increasing. The World Health Organization (2022) estimates that it will double by 2050. Informal caregivers of older adults may experience contradictory impulses, overload, and multiple losses before the death of the older adult in their care. The general purpose of research was to identify and describe the affective ambivalence in informal caregivers of older adults in the face of loss and grief processes. The dimensions under study were affective ambivalence, informal caregivers of older adults, loss processes and the grieving process. A qualitative approach methodology and an empirical phenomenological design were used through Clark Moustakas' Multiangulation Model to describe, categorize and interpret, intentionality, temporality and intersubjectivity a problem never studied. Among the findings was the feminization of the role. Affective ambivalence is manifested through emotions, feelings, thoughts and behavior, including non-verbal language. The assumption of the role is highly influenced by an affective and moral factor, where a minimum of 35 hours per week are invested in without family and financial support. It was found that the participants experience objective and subjective overload. Furthermore, because of the role, they experienced loss of life, loss of aspects of themselves, loss of objects, emotional losses, and losses linked to development. On the other hand, up to two types of grief were found simultaneously. Finally, the presence of affective ambivalence was found with the same intensity 13 years after the loss of the older adult under care.

Keywords: affective ambivalence, informal caregivers of older adults, loss processes, grief processes

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Authors: Foluke Dada

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Prisons all over the world are set up by law to provide restraint and custody for individuals accused or convicted of crimes by the state. The Nigerian prison dates back to the colonial era and is modelled after the British system. It is a system that lays emphasis on punishment and deterrence. It emphasises retribution rather than reformation. These, it can be argued, results in the inhuman conditions of Nigerian prisons and the conscienceless treatment of convicts and awaiting trial inmates in Nigerian prisons. This paper attempts an examination of the challenges currently beguiling Nigerian prisons, the need for reforms in the prison systems and the imperative of these reforms to an efficient criminal justice delivery system in the country. This paper further postulates that rehabilitation should be favoured as against retribution f the development of the Nigerian criminal justice system in line with the shift towards reform.

Keywords: criminal justice, human rights, prison reforms, rehabilitation and retribution

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Authors: Tamriko Pavliashvili

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Marriage is such an important institution of family law, which is an indicator of the development of society. Although a family can be created by the birth of a child between an unmarried couple, marriage is still the main basis for the creation of a family, during which the rights and duties imposed require legal regulation. At present, in the conditions of globalization, there are different types of marriage, although in the main countries, it is still a union of a woman and a man, which involves voluntary cohabitation and assuming and fulfilling the norms and responsibilities established on the basis of the law. Modern society is at the stage where there is a need to create a family, and therefore marriage provides the best opportunity for relationships and existence between people. The mentioned paper about the state institution - marriage gives us the opportunity to get more information about the existing habits, legal norms from the ancient times to the modern period in Georgia, and also through comparison we will see what the differences and commonalities were and are in the marriage law of the countries of the world and Georgia.

Keywords: marriage, family law, the union of man and woman, church law

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Authors: Shilpi Tyagi, D. K. Nauriyal

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This study investigates the firm level determinants of profitability of Indian drug and pharmaceutical industry. The study uses inflation adjusted panel data for a period 2000-2013 and applies OLS regression model with Driscoll-Kraay standard errors. It has been found that export intensity, A&M intensity, firm’s market power and stronger patent regime dummy have exercised positive influence on profitability. The negative and statistically significant influence of R&D intensity and raw material import intensity points to the need for firms to adopt suitable investment strategies. The study suggests that firms are required to pay far more attention to optimize their operating expenditures, advertisement and marketing expenditures and improve their export orientation, as part of the long term strategy.

Keywords: Indian pharmaceutical industry, profits, TRIPS, performance

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Authors: Qiang Ren

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In the past 20 years, under the high standard of international investment protection, there have been numerous cases of investors ignoring the host country's measures to protect human health. Examples include investment disputes triggered by the Argentine government's measures related to human health, quality, and price of drinking water under the North American Free Trade Agreement. Examples also include Philip Morris v. Australia, in which case the Australian government announced the passing of the Plain Packing of Cigarettes Act to address the threat of smoking to public health in 2010. In order to take advantage of the investment treaty protection between Hong Kong and Australia, Philip Morris Asia acquired Philip Morris Australia in February 2011 and initiated investment arbitration under the treaty before the passage of the Act in July 2011. Philip Morris claimed the Act constitutes indirect expropriation and violation of fair and equitable treatment and claimed 4.16 billion US dollars compensation. Fortunately, the case ended at the admissibility decision stage and did not enter the substantive stage. Generally, even if the host country raises a human health defense, most arbitral tribunals will rule that the host country revoke the corresponding policy and make huge compensation in accordance with the clauses in the bilateral investment treaty to protect the rights of investors. The significant imbalance in the rights and obligations of host states and investors in international investment treaties undermines the ability of host states to act in pursuit of human health and social interests beyond economic interests. This squeeze on the nation's public policy space and disregard for the human health costs of investors' activities raises the need to include human health in investment rulemaking. The current international investment law system that emphasizes investor protection fails to fully reflect the requirements of the host country for the healthy development of human beings and even often brings negative impacts to human health. At a critical moment in the reform of the international investment law system, in order to achieve mutual enhancement of investment returns and human health development, human health should play a greater role in influencing and shaping international investment rules. International investment agreements should not be limited to investment protection tools but should also be part of national development strategies to serve sustainable development and human health. In order to meet the requirements of the new sustainable development goals of the United Nations, human health should be emphasized in the formulation of international investment rules, and efforts should be made to shape a new generation of international investment rules that meet the requirements of human health and sustainable development.

Keywords: human health, international investment law, Philip Morris v. Australia, investor protection

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Authors: Qinglu Wu, Anna Wai-Man Choi, Peilian Chi

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Gratitude is one individual strength that not only facilitates the mental health, but also fosters the relationship satisfaction in the romantic relationship. In terms of moral effect theory and stress-and-coping theory of forgiveness, present study not only investigated the association between grateful disposition and relationship satisfaction, but also explored the mechanism by comprehensively examining the potential mediating roles of three profiles of forgiveness (trait forgivingness, decisional forgiveness, emotional forgiveness), another character strength that highly related to the gratitude and relationship satisfaction. Structural equation modeling was used to conduct the multiple mediator model with a sample of 103 Chinese college students in dating relationship (39 male students and 64 female students, Mage = 19.41, SD = 1.34). Findings displayed that both gratitude and relationship satisfaction positively correlated with decisional forgiveness and emotional forgiveness. Emotional forgiveness was the only mediator, and it completely mediated the relationship between gratitude and relationship satisfaction. Gratitude was helpful in enhancing individuals’ perception of satisfaction in romantic relationship through replacing negative emotions toward partners with positive ones after transgression in daily life. It highlighted the function of emotional forgiveness in personal healing and peaceful state, which is important to the perception of satisfaction in relationship. Findings not only suggested gratitude could provide a stability for forgiveness, but also the mechanism of prosocial responses or positive psychological processes on relationship satisfaction. The significant roles of gratitude and emotional forgiveness could be emphasized in the intervention working on the romantic relationship development or reconciliation.

Keywords: decisional forgiveness, emotional forgiveness, gratitude, relationship satisfaction, trait forgivingness

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Authors: Uche A. Nnawulezi

Abstract:

Over the past decades, the acquisition and utilization of nuclear energy have remained a standout amongst the most intractable issues which past world leaders have unsuccessfully endeavored to grapple with. This study analyzes the present advancement and enactment on the acquisition and utilization of nuclear energy in contemporary international law. It seeks to address international co-operations in the field of nuclear energy by looking at what nuclear energy is all about and how it came into being. It also seeks to address concerns expressed by a few researchers on the position of nuclear law in the most extensive domain of the law by looking at the authoritative procedure for nuclear law, system of arrangements and traditions. This study also agrees in favour of treaty on non-proliferation of nuclear weapons based on human right and humanitarian principles that are not duly moral, but also legal ones. Specifically, the past development activities on nuclear weapon and the practical system of the nuclear energy institute will be inspected. The study noted among others, former president Obama's remark on nuclear energy and Pakistan nuclear policies and its attendant outcomes. Essentially, we depended on documentary evidence and henceforth scooped a great part of the data from secondary sources. The study emphatically advocates for the adoption of absolute liability principles and setting up of a viability trust fund, all of which will help in sustaining global peace where global best practices in acquisition and use of nuclear energy will be widely accepted in the contemporary international law. Essentially, the fundamental proposals made in this paper if completely adopted, might go far in fortifying the present advancement and enactment on the application and utilization of nuclear energy and accordingly, addressing a portion of the intractable issues under international law.

Keywords: nuclear energy, international law, acquisition, development

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Authors: Karen V. Lee

Abstract:

The significance of this study involves autoethnographic research about a music teacher learning about the socialization of gender issues in teaching. Mentorship involving intervention helps with the consequences influencing a transgendered music teacher. Basic storytelling methodology involves the qualitative method of research as a theoretical framework where the author provides a storied reflection about political issues surrounding teachers and the sociology of gender. Sub-themes involve counseling, adult education to ensure students and teachers receive social, emotional, physical, spiritual, and educational resources that evoke visceral, emotional responses from the audience. Major findings share how stories are helpful resources for others who struggle with the socialization of gender. It is hoped the research dramatizes an episodic yet incomplete story that highlights the circumstances surrounding the protagonist having his sex reassignment surgery during his undergraduate education degree. In conclusion, the research is a reflexive storied framework that embraces a positive outlook about a transgendered teacher during his masectomy. The sensory experience seeks verisimilitude by evoking lifelike and believable feelings from others. Thus, the scholarly importance of the sociology of gender and society provides transformative aspects that contributes to social change. Overall, the surgery surrounding the story about transgendered issues are not uncommon in society. Thus, continued education supports the moral mission to help teachers overcome and understand issues of gender that can socially impacts their professional lives as teachers.

Keywords: sociology of gender, transgender, music teachers, story, autoethnography as research, ideology

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Authors: Nareenad Panbun

Abstract:

The objective is to study the knowledge utilization from the participants of the announcer training program by National Broadcasting and Telecommunications Commission (NBTC). This study is a quantitative research based on surveys and self-answering questionnaires. The population of this study is 100 participants randomly chosen by non-probability sampling method. The results have shown that most of the participants were satisfied with the topics of general knowledge about the broadcasting and television business for 37 people representing 37%, followed by the topics of broadcasting techniques. The legal issues, consumer rights, television business ethics, and credibility of the media are, in addition to the media's role and responsibilities in society, the use of language for successful communication. Therefore, the communication language skills are the most important for all of the trainees and will also build up the image of the broadcasting center.

Keywords: announcer training program, participant, requirements announced, theory of utilization

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Authors: Sakshi Ghai

Abstract:

The word ‘emotion’ has been microscopically studied through psychological, anthropological and biological lenses and have indubitably been one of the most researched concepts as, in all situations and reactions that constitute human life, emotions form the very niche of our mutual existence. While understanding the social aspects of cognition, one can realize that emotions are deeply interwoven with language and thereby are pivotal in inducing human actions and behavior. The society or the outward social structure is the result of the inward psychological structure of our human relationships, for the individual is the result of the total experience, knowledge and conduct of man. The aim of this paper is threefold: first, to establish the relation between mental representations of emotions and its neuropsychological connection with language on a conscious and sub-conscious level; secondly, to describe how innate, basic and higher cognitive emotions affect the constantly changing state of an agent and peruse its assistance in determining the moral compass within all beings. Lastly, in the course of this paper, the concept of the architecture of mind is explored considering how it has developed an ability to display adaptive emotional states and responses, which are in sync with the language of thought. For every response to the social environment is so deeply determined by the very social milieu in which one is situated, language has a fundamental role in constructing emotions and articulating behavior. Being linguistic beings, we tend to associate emotion, feelings and other aspects of inwards mental states intrinsically with the language we use. This paper aims to devise a discursive approach to understand how emotions are fabricated, intertwined with the mental constructs further expressed and communicated through the various units of language.

Keywords: mental representation, emotion, language, psychology

Procedia PDF Downloads 280