Search results for: underpinning legal theory
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 6085

Search results for: underpinning legal theory

4555 Prisoners for Sexual Offences: Custodial Regime, Prison Experience and Reintegration Interventions

Authors: Nikolaos Koulouris, Anna Kasapoglou, Dimitris Koros

Abstract:

The paper aims to present the course of ongoing research concerning the treatment of pretrial detainees, convicted or released prisoners for sexual offenses, an area that has not received much attention in Greece in terms of the prison experience and the reintegration potentials regarding this specific category of prisoners. The study plan provides for the use of a combination of research methods (focus groups with prisoners, structured individual interviews with prisoners and prison staff). Also, interviews with ex-prisoners detained regarding sexual offenses will take place. In Greece, there are no special provisions for the treatment of sexual offenders in prison, nor are there any special programs in place for their rehabilitation. Sexual offenders are usually separated from other prisoners, as the informal code of the social organization of the prison community dictates, despite no relevant legal framework. The study aims to explore the reasons for the separate detention of sexual offenders and discuss their special (non) treatment from different points of view, namely the legality and legitimacy of this discriminatory practice in terms of prisoners’ protection, safety, stigmatization, and possible social exclusion, as well as their post-release expectations and social reintegration potentials. The purpose of the research is the exploration of the prison experience of sexual offenders, the exercise of their legal rights, their adjustment to the demands of social life in prison, as well as the role of prison officers and various interventions aiming to their preparation for reentry to society. The study will take into consideration the European and international prison/penitentiary standards and best practices in order to examine the issue comparatively, while the contribution of the United Nations and the Council of Europe and its standards will be used to assess the treatment of sexual offenders in terms of its compatibility to international and European model-rules and trends. The outcome will be utilized to form main directions and propositions for a coherent and consistent human rights-based and social integration-oriented penal policy regarding the treatment of persons accused or convicted of sexual offenses in Greece.

Keywords: prisoners’ treatment, sex offenders, social exclusion, social reintegration

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4554 Nonlinear Modelling and Analysis of Piezoelectric Smart Thin-Walled Structures in Supersonic Flow

Authors: Shu-Yang Zhang, Shun-Qi Zhang, Zhan-Xi Wang, Xian-Sheng Qin

Abstract:

Thin-walled structures are used more and more widely in modern aircrafts and some other structures in aerospace field nowadays. Accompanied by the wider applications, the vibration of the structures has been a bigger problem. Because of the direct and converse piezoelectric effect, piezoelectric materials combined to host thin-walled structures, named as piezoelectric smart structures, can be an effective way to suppress the vibration. So, an accurate model for piezoelectric thin-walled structures in air flow is necessary and important. In our recent work, an electromechanical coupling nonlinear aerodynamic finite element model of piezoelectric smart thin-walled structures is built based on the Reissner-Mindlin plate theory and first-order piston theory for aerodynamic pressure of supersonic flow. Von Kármán type nonlinearity is considered in the present model. Finally, the model is validated by experimental and numerical results from the literature, which can describe the vibration of the structures in supersonic flow precisely.

Keywords: piezoelectric smart structures, aerodynamic, geometric nonlinearity, finite element analysis

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4553 Examining the Factors Impeding the Preservation of African Architectural Heritage

Authors: Okafor Calistus Chibuzor

Abstract:

Preserving African architectural heritage is a multifaceted endeavor that intersects with socio-cultural, economic, and environmental factors. Despite growing recognition of the importance of safeguarding these invaluable cultural assets, numerous challenges persist, hindering effective preservation efforts across the continent. This paper investigates the underlying factors impeding the preservation of African architectural heritage, aiming to provide insights for addressing this critical issue. The study begins with an exploration of the historical background and significance of African architectural heritage, highlighting its rich diversity and cultural significance. The study acknowledges that there is an urgent need to address the threats facing these heritage sites, including urbanization, rapid development, lack of funding, inadequate legal protection, and insufficient public awareness. The primary aim of this research is to identify and analyze the key factors contributing to the deterioration and loss of African architectural heritage, with the objective of formulating strategies to mitigate these challenges. A mixed-use research methodology combining archival research, field surveys, stakeholder interviews, and case studies is employed to gather comprehensive data and insights. The findings reveal a complex interplay of socio-economic, political, and institutional factors shaping the preservation landscape in Africa, including issues related to funding, governance, community engagement, and capacity building. The paper concludes by highlighting the urgent need for coordinated efforts among government agencies, heritage organizations, local communities, and international stakeholders to address the identified challenges and develop sustainable preservation strategies. Recommendations are provided for enhancing legal frameworks, promoting community involvement, fostering public awareness, and mobilizing resources to safeguard Africa's rich architectural heritage for future generations.

Keywords: African architectural heritage, preservation challenges, preservation strategies, factors

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4552 Self-Marketing on Line Person-to-Person Social Media

Authors: Chih-Ping Chen

Abstract:

Today, technology does not necessitate change; rather, social media has afforded a new arena and digital tools for users/individuals to be symbolized and marketed in meaningful exchanges of digital identities. We argue that these symbolic interactions may afford individuals the ability to create and present less restricted Line person-to-person (P2P) chats than would be possible in face-to-face communications. Individuals can select flexible influence strategies to market themselves, which enables them to create and present their digital identities and impressions in alternative ways within a dynamic sociocultural context. Therefore, this paper aims to explore the novel phenomenon of how individuals market themselves to manage their digital identities and impressions to connect with other users through the symbolic interactions created by new digital tools (e.g., stickers). A netnographic approach was developed by applying a triangulated methodology consisting of user self-diary reports, in-depth interviews, and observations. Totally, 20 participants (10 females and 10 males) were of Taiwanese origin, and their ages ranged from 20–47 years old. The findings of this research showed that individuals on Line P2P social media where traditional cultural gender norms have shifted. Both male and female participants market their modern digital identities by adopting a combination of flexible influence tactics/strategies when using digital stickers. Some findings showed that their influence tactics/strategies often flouted Taiwanese cultural gender norms or skirted traditional rules to fit individual or P2P needs. Finally, these findings potentially contributed to the literature regarding the consumer culture theory and symbolic interaction theory in digital marketing and social media fields.

Keywords: Consumer culture theory, Digital sticker, Self-marketing, Impression, Symbolic interaciton

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4551 Public Transport Planning System by Dijkstra Algorithm: Case Study Bangkok Metropolitan Area

Authors: Pimploi Tirastittam, Phutthiwat Waiyawuththanapoom

Abstract:

Nowadays the promotion of the public transportation system in the Bangkok Metropolitan Area is increased such as the “Free Bus for Thai Citizen” Campaign and the prospect of the several MRT routes to increase the convenient and comfortable to the Bangkok Metropolitan area citizens. But citizens do not make full use of them it because the citizens are lack of the data and information and also the confident to the public transportation system of Thailand especially in the time and safety aspects. This research is the Public Transport Planning System by Dijkstra Algorithm: Case Study Bangkok Metropolitan Area by focusing on buses, BTS and MRT schedules/routes to give the most information to passengers. They can choose the way and the routes easily by using Dijkstra STAR Algorithm of Graph Theory which also shows the fare of the trip. This Application was evaluated by 30 normal users to find the mean and standard deviation of the developed system. Results of the evaluation showed that system is at a good level of satisfaction (4.20 and 0.40). From these results we can conclude that the system can be used properly and effectively according to the objective.

Keywords: Dijkstra algorithm, graph theory, public transport, Bangkok metropolitan area

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4550 Vertical Urbanization Over Public Structures: The Example of Mostar Junction in Belgrade, Serbia

Authors: Sladjana Popovic

Abstract:

The concept of vertical space urbanization, defined in English as "air rights development," can be considered a mechanism for the development of public spaces in urban areas of high density. A chronological overview of the transformation of space within the vertical projection of the existing traffic infrastructure that penetrates through the central areas of a city is given in this paper through the analysis of two illustrative case studies: more advanced and recent - "Plot 13" in Boston, and less well-known European example of structures erected above highways throughout Italy - the "Pavesi auto grill" chain. The backbone of this analysis is the examination of the possibility of yielding air rights within the vertical projection of public structures in the two examples by considering the factors that would enable its potential application in capitals in Southeastern Europe. The cession of air rights in the Southeastern Europe region, as a phenomenon, has not been a recognized practice in urban planning. In a formal sense, legal and physical feasibility can be seen to some extent in local models of structures built above protected historical heritage (i.e., archaeological sites); however, the mechanisms of the legal process of assigning the right to use and develop air rights above public structures is not a recognized concept. The goal of the analysis is to shed light on the influence of institutional participants in the implementation of innovative solutions for vertical urbanization, as well as strategic planning mechanisms in public-private partnership models that would enable the implementation of the concept in the region. The main question is whether the manipulation of the vertical projection of space could provide for innovative urban solutions that overcome the deficit and excessive use of the available construction land, particularly above the dominant public spaces and traffic infrastructure that penetrate central parts of a city. Conclusions reflect upon vertical urbanization that can bridge the spatial separation of the city, reduce noise pollution and contribute to more efficient urban planning along main transportation corridors.

Keywords: air rights development, innovative urbanism, public-private partnership, transport infrastructure, vertical urbanization

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4549 The Role of Lifetime Stress in the Relation between Socioeconomic Status and Health-Risk Behaviors

Authors: Teresa Smith, Farrah Jacquez

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Health-risk behaviors (e.g., smoking, poor diet) directly increase the risk for chronic disease and morbidity. There is substantial evidence of a negative association between socioeconomic status (SES) and engagement in health-risk behaviors. However, due to the complexity of SES, researchers have suggested looking beyond this factor to fully understand the mechanisms that underlie engagement in health-risk behaviors. Stress is one plausible mechanism through which SES impacts health-risk behaviors. Currently, it remains unclear how stress occurring across the life course might impact health behaviors and explain the association between SES and these behaviors. To address the gaps in the literature, 172 adults between the ages of 18-49 were surveyed about their lifetime stress exposure, sociodemographic variables, and health-risk behaviors via an online recruitment portal, Prolific. Five major findings emerged from the current study. First, SES was negatively associated with engagement in health-risk behaviors and lifetime stress above and beyond current stress and other relevant demographics. Second, lifetime stress was significantly associated with health-risk behaviors above and beyond current stress and relevant demographic variables. Third, lifetime stress fully mediated the association between SES and health-risk behaviors above and beyond current stress and other demographics. Fourth, the severity of stress experienced emerged as the most significant lifetime stress variable that explains the relation between SES and health-risk behaviors. Fifth and finally, lower SES and experiencing financial and legal/crime stressors increased the likelihood of engaging in health-risk behaviors. The current study results align with previous research and suggest that stress occurring over the lifespan impacts the relation between SES and health-risk behaviors, which are in turn known to impact health outcomes. However, our findings move the current literature forward by providing a more nuanced understanding of the specific aspects of stress that influence this association. Specifically, the severity of stress experienced across the entire lifespan was the most important aspect of stress when examining the association between SES and health-risk behaviors. Further, individuals most at risk for engaging in health-risk behaviors are those of the lowest SES and experience financial and legal/crime stressors. These findings have the potential to inform interventions and policies aimed at addressing health-risk behaviors by providing a more sophisticated understanding of the impact of stress.

Keywords: stress, health behaviors, socioeconomic status, health

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4548 Development of Automated Quality Management System for the Management of Heat Networks

Authors: Nigina Toktasynova, Sholpan Sagyndykova, Zhanat Kenzhebayeva, Maksat Kalimoldayev, Mariya Ishimova, Irbulat Utepbergenov

Abstract:

Any business needs a stable operation and continuous improvement, therefore it is necessary to constantly interact with the environment, to analyze the work of the enterprise in terms of employees, executives and consumers, as well as to correct any inconsistencies of certain types of processes and their aggregate. In the case of heat supply organizations, in addition to suppliers, local legislation must be considered which often is the main regulator of pricing of services. In this case, the process approach used to build a functional organizational structure in these types of businesses in Kazakhstan is a challenge not only in the implementation, but also in ways of analyzing the employee's salary. To solve these problems, we investigated the management system of heating enterprise, including strategic planning based on the balanced scorecard (BSC), quality management in accordance with the standards of the Quality Management System (QMS) ISO 9001 and analysis of the system based on expert judgment using fuzzy inference. To carry out our work we used the theory of fuzzy sets, the QMS in accordance with ISO 9001, BSC according to the method of Kaplan and Norton, method of construction of business processes according to the notation IDEF0, theory of modeling using Matlab software simulation tools and graphical programming LabVIEW. The results of the work are as follows: We determined possibilities of improving the management of heat-supply plant-based on QMS; after the justification and adaptation of software tool it has been used to automate a series of functions for the management and reduction of resources and for the maintenance of the system up to date; an application for the analysis of the QMS based on fuzzy inference has been created with novel organization of communication software with the application enabling the analysis of relevant data of enterprise management system.

Keywords: balanced scorecard, heat supply, quality management system, the theory of fuzzy sets

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4547 Artificial Intelligence and Liability within Healthcare: A South African Analysis

Authors: M. Naidoo

Abstract:

AI in healthcare can have a massive positive effect in low-resource states like South Africa, where patients outnumber personnel greatly. However, the complexity and ‘black box’ aspects of these technologies pose challenges for the liability regimes of states. This is currently being discussed at the international level. This research finds that within the South African medical negligence context, the current common law fault-based inquiry proves to be wholly inadequate for patient redress. As a solution to this, this research paper culminates in legal reform recommendations designed to solve these issues.

Keywords: artificial intelligence, law, liability, policy

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4546 Research on Localized Operations of Multinational Companies in China

Authors: Zheng Ruoyuan

Abstract:

With the rapid development of economic globalization and increasingly fierce international competition, multinational companies have carried out investment strategy shifts and innovations, and actively promoted localization strategies. Localization strategies have become the main trend in the development of multinational companies. Large-scale entry of multinational companies China has a history of more than 20 years. With the sustained and steady growth of China's economy and the optimization of the investment environment, multinational companies' investment in China has expanded rapidly, which has also had an important impact on the Chinese economy: promoting employment, foreign exchange reserves, and improving the system. etc., has brought a lot of high-tech and advanced management experience; but it has also brought challenges and survival pressure to China's local enterprises. In recent years, multinational companies have gradually regarded China as an important part of their global strategies and began to invest in China. Actively promote localization strategies, including production, marketing, scientific research and development, etc. Many multinational companies have achieved good results in localized operations in China. Not only have their benefits continued to improve, but they have also established a good corporate image and brand in China. image, which has greatly improved their competitiveness in the international market. However, there are also some multinational companies that have difficulties in localized operations in China. This article will closely follow the background of economic globalization and comprehensively use the theory of multinational companies and strategic management theory and business management theory, using data and facts as the entry point, combined with typical cases of representative significance for analysis, to conduct a systematic study of the localized operations of multinational companies in China. At the same time, for each specific link of the operation of multinational companies, we provide multinational enterprises with some inspirations and references.

Keywords: localization, business management, multinational, marketing

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4545 A Fuzzy Structural Equation Model for Development of a Safety Performance Index Assessment Tool in Construction Sites

Authors: Murat Gunduz, Mustafa Ozdemir

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In this research, a framework is to be proposed to model the safety performance in construction sites. Determinants of safety performance are to be defined through extensive literature review and a multidimensional safety performance model is to be developed. In this context, a questionnaire is to be administered to construction companies with sites. The collected data through questionnaires including linguistic terms are then to be defuzzified to get concrete numbers by using fuzzy set theory which provides strong and significant instruments for the measurement of ambiguities and provides the opportunity to meaningfully represent concepts expressed in the natural language. The validity of the proposed safety performance model, relationships between determinants of safety performance are to be analyzed using the structural equation modeling (SEM) which is a highly strong multi variable analysis technique that makes possible the evaluation of latent structures. After validation of the model, a safety performance index assessment tool is to be proposed by the help of software. The proposed safety performance assessment tool will be based on the empirically validated theoretical model.

Keywords: Fuzzy set theory, safety performance assessment, safety index, structural equation modeling (SEM), construction sites

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4544 Interpretation as Ontological Determination and Negotiation

Authors: Nicolas Cuevas-Alvear

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The subject of this paper is the concept of interpretation. Its purpose is to expose the need for a new concept of interpretation and to trace the construction route of interpretation as determination and negotiation. The thesis it defends is that interpretation is the determination of events and the negotiation of those determinations in communication. To meet its objective, this manuscript is divided into five sections. The first section introduces the subject and the need for a new concept of interpretation. The second section explicitly formulates the research questions and the objectives of the project for the construction of a new concept of interpretation. The third section presents the state of the art, specifically, the theory of Radical interpretation proposed by Donald Davidson and the theory of the Hermeneutic Circle proposed by Hans Georg Gadamer. In addition, in this section, there is a reconstruction of Ernst Cassirer's explanation of language as a symbolic form. The fourth section is an explanation of the proposal based on the theories presented. Specifically: language as a symbolic form explains interpretation as a determination of events using objective, subjective and intersubjective elements, and these three elements are negotiated in interpretation as communication. The last section is the bibliography proposed to carry out the project.

Keywords: interpretation, metaphysics, semantics, Donald Davidson, ERNST Cassirer

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4543 "IS Cybernetics": An Idea to Base the International System Theory upon the General System Theory and Cybernetics

Authors: Petra Suchovska

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The spirit of post-modernity remains chaotic and obscure. Geopolitical rivalries raging at the more extreme levels and the ability of intellectual community to explain the entropy of global affairs has been diminishing. The Western-led idea of globalisation imposed upon the world does not seem to bring the bright future for human progress anymore, and its architects lose much of global control, as the strong non-western cultural entities develop new forms of post-modern establishments. The overall growing cultural misunderstanding and mistrust are expressions of political impotence to deal with the inner contradictions within the contemporary phenomenon (capitalism, economic globalisation) that embrace global society. The drivers and effects of global restructuring must be understood in the context of systems and principles reflecting on true complexity of society. The purpose of this paper is to set out some ideas about how cybernetics can contribute to understanding international system structure and analyse possible world futures. “IS Cybernetics” would apply to system thinking and cybernetic principles in IR in order to analyse and handle the complexity of social phenomena from global perspective. “IS cybernetics” would be, for now, the subfield of IR, concerned with applying theories and methodologies from cybernetics and system sciences by offering concepts and tools for addressing problems holistically. It would bring order to the complex relations between disciplines that IR touches upon. One of its tasks would be to map, measure, tackle and find the principles of dynamics and structure of social forces that influence human behaviour and consequently cause political, technological and economic structural reordering, forming and reforming the international system. “IS cyberneticists” task would be to understand the control mechanisms that govern the operation of international society (and the sub-systems in their interconnection) and only then suggest better ways operate these mechanisms on sublevels as cultural, political, technological, religious and other. “IS cybernetics” would also strive to capture the mechanism of social-structural changes in time, which would open space for syntheses between IR and historical sociology. With the cybernetic distinction between first order studies of observed systems and the second order study of observing systems, IS cybernetics would also provide a unifying epistemological and methodological, conceptual framework for multilateralism and multiple modernities theory.

Keywords: cybernetics, historical sociology, international system, systems theory

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4542 Physical Interaction Mappings: Utilizing Cognitive Load Theory in Order to Enhance Physical Product Interaction

Authors: Bryan Young, Andrew Wodehouse, Marion Sheridan

Abstract:

The availability of working memory has long been identified as a critical aspect of an instructional design. Many conventional instructional procedures impose irrelevant or unrelated cognitive loads on the learner due to the fact that they were created without contemplation, or understanding, of cognitive work load. Learning to physically operate traditional products can be viewed as a learning process akin to any other. As such, many of today's products, such as cars, boats, and planes, which have traditional controls that predate modern user-centered design techniques may be imposing irrelevant or unrelated cognitive loads on their operators. The goal of the research was to investigate the fundamental relationships between physical inputs, resulting actions, and learnability. The results showed that individuals can quickly adapt to input/output reversals across dimensions, however, individuals struggle to cope with the input/output when the dimensions are rotated due to the resulting increase in cognitive load.

Keywords: cognitive load theory, instructional design, physical product interactions, usability design

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4541 Resilience Perspective on Response Strategies for Super-Standard Rain and Flood Disasters: A Case Study of the “Zhengzhou 7.20 Heavy Rain” Event

Authors: Luojie Tang

Abstract:

The article takes the "7.20 Heavy Rainstorm in Zhengzhou" as a starting point, collects relevant disaster data, reproduces the entire process of the disaster, and identifies the main problems exposed by the city in responding to super-standard rain and flood disasters. Based on the review of resilience theory, the article proposes a shift in thinking about the response to super-standard rain and flood disasters from the perspective of resilience, clarifies the differences in the emphasis on resilience at different stages of disasters, and preliminarily constructs a response system for super-standard rain and flood disasters based on the guidance of resilience theory. Finally, combined with the highlighted problems in the 7.20 Heavy Rainstorm in Zhengzhou, the article proposes targeted response strategies from three perspectives: institutional management, technological support, and infrastructure, under the perspective of resilience.

Keywords: resilient city, exceedance-based stormwater management, disaster risk reduction, megalopolis

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4540 The Use of Religious Symbols in the Workplace: Remarks on the Latest Case Law

Authors: Susana Sousa Machado

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The debate on the use of religious symbols has been highlighted in modern societies, especially in the field of labour relationships. As litigiousness appears to be growing, the matter requires a careful study from a legal perspective. In this context, a description and critical analysis of the most recent case law is conducted regarding the use of symbols by the employee in the workplace, delivered both by the European Court of Human Rights and by the Court of Justice of the European Union. From this comparative analysis we highlight the most relevant aspects in order to seek a common core regarding the juridical-argumentative approach of case law.

Keywords: religion, religious symbols, workplace, discrimination

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4539 Effect of Temperature on the Binary Mixture of Imidazolium Ionic Liquid with Pyrrolidin-2-One: Volumetric and Ultrasonic Study

Authors: T. Srinivasa Krishna, K. Narendra, K. Thomas, S. S. Raju, B. Munibhadrayya

Abstract:

The densities, speeds of sound and refractive index of the binary mixture of ionic liquid (IL) 1-Butyl-3-methylimidazolium bis(trifluoromethylsulfonyl)imide ([BMIM][Imide]) and Pyrrolidin-2-one(PY) was measured at atmospheric pressure, and over the range of temperatures T= (298.15 -323.15)K. The excess molar volume, excess isentropic compressibility, excess speed of sound, partial molar volumes, and isentropic partial molar compressibility were calculated from the values of the experimental density and speed of sound. From the experimental data excess thermal expansion coefficients and isothermal pressure coefficient of excess molar enthalpy at 298.15K were calculated. The results were analyzed and were discussed from the point of view of structural changes. Excess properties were calculated and correlated by the Redlich–Kister and the Legendre polynomial equation and binary coefficients were obtained. Values of excess partial volumes at infinite dilution for the binary system at different temperatures were calculated from the adjustable parameters obtained from Legendre polynomial and Redlich–Kister smoothing equation. Deviation in refractive indices ΔnD and deviation in molar refraction, ΔRm were calculated from the measured refractive index values. Equations of state and several mixing rules were used to predict refractive indices of the binary mixtures and compared with the experimental values by means of the standard deviation and found to be in excellent agreement. By using Prigogine–Flory–Patterson (PFP) theory, the above thermodynamic mixing functions have been calculated and the results obtained from this theory were compared with experimental results.

Keywords: density, refractive index, speeds of sound, Prigogine-Flory-Patterson theory

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4538 The Marriage of a Sui Juris Girl: Permission of Wali (Guardian) or Consent of Ward in the Context of Personal Law in Pakistan

Authors: Muhammad Farooq

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The present article explores the woman's consent as a paramount element in contracting a Muslim marriage. Also, whether permission of the wali (guardian) is a condition per se for a valid nikah (marriage deed) in the eye of law and Sharia. The researcher attempts to treat it through the related issues, inter alia; the marriage guardian, the women's legal capacity to give consent whether she is a virgin or nonvirgin and how that consent is to be given or may be understood. Does her laugh, tears or salience needs a legal interpretation as well as other female manifestations of emotion explained by the Muslim jurists? The silence of Muslim Family Law Ordinance 1961 (hereafter; MFLO 1961) in this regard and the likely reasons behind such silence is also inquired in brief. Germane to the theme, the various cases in which the true notion of woman's consent is interpreted by courts in Pakistan are also examined. In order to address the issue in hand, it is proposed to provide a brief overview of a few contemporary writers' opinions in which the real place of woman's consent in Muslim marriage is highlighted. Key to the idea of young Muslim woman's marriage, the doctrine of kafa'a (equality or suitability) between the man and woman is argued here to be grounded in the patriarchal and social norms. It is, therefore, concluded that such concept was the result of analogical reasoning and has less importance in the present time. As such it is not a valid factor in current scenarios to validate or invalidate marital bonds. A standard qualitative convention is used for this research. Among primary and secondary sources; for examples, Qur'an, Sunnah, Books, Scholarly articles, texts of law and case law is used to point out the researcher's view. In summation, the article is concluded with a bold statement that a young woman being a party to the contract, is absolutely entitled to 'full and free' consent for the Muslim marriage contract. It is the woman, an indispensable partaker and her consent (not the guardian' permission) that does validate or invalidate the said agreement in the eye of contemporary personal law and in Sharia.

Keywords: consent of woman, ejab (declaration), Nikah (marriage agreement), qabol (acceptance), sui juris (of age; independent), wali (guardian), wilayah (guardianship)

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4537 CompleX-Machine: An Automated Testing Tool Using X-Machine Theory

Authors: E. K. A. Ogunshile

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This paper is aimed at creating an Automatic Java X-Machine testing tool for software development. The nature of software development is changing; thus, the type of software testing tools required is also changing. Software is growing increasingly complex and, in part due to commercial impetus for faster software releases with new features and value, increasingly in danger of containing faults. These faults can incur huge cost for software development organisations and users; Cambridge Judge Business School’s research estimated the cost of software bugs to the global economy is $312 billion. Beyond the cost, faster software development methodologies and increasing expectations on developers to become testers is driving demand for faster, automated, and effective tools to prevent potential faults as early as possible in the software development lifecycle. Using X-Machine theory, this paper will explore a new tool to address software complexity, changing expectations on developers, faster development pressures and methodologies, with a view to reducing the huge cost of fixing software bugs.

Keywords: conformance testing, finite state machine, software testing, x-machine

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4536 Incentive-Based Motivation to Network with Coworkers: Strengthening Professional Networks via Online Social Networks

Authors: Jung Lee

Abstract:

The last decade has witnessed more people than ever before using social media and broadening their social circles. Social media users connect not only with their friends but also with professional acquaintances, primarily coworkers, and clients; personal and professional social circles are mixed within the same social media platform. Considering the positive aspect of social media in facilitating communication and mutual understanding between individuals, we infer that social media interactions with co-workers could indeed benefit one’s professional life. However, given privacy issues, sharing all personal details with one’s co-workers is not necessarily the best practice. Should one connect with coworkers via social media? Will social media connections with coworkers eventually benefit one’s long-term career? Will the benefit differ across cultures? To answer, this study examines how social media can contribute to organizational communication by tracing the foundation of user motivation based on social capital theory, leader-member exchange (LMX) theory and expectancy theory of motivation. Although social media was originally designed for personal communication, users have shown intentions to extend social media use for professional communication, especially when the proper incentive is expected. To articulate the user motivation and the mechanism of the incentive expectation scheme, this study applies those three theories and identify six antecedents and three moderators of social media use motivation including social network flaunt, shared interest, perceived social inclusion. It also hypothesizes that the moderating effects of those constructs would significantly differ based on the relationship hierarchy among the workers. To validate, this study conducted a survey of 329 active social media users with acceptable levels of job experiences. The analysis result confirms the specific roles of the three moderators in social media adoption for organizational communication. The present study contributes to the literature by developing a theoretical modeling of ambivalent employee perceptions about establishing social media connections with co-workers. This framework shows not only how both positive and negative expectations of social media connections with co-workers are formed based on expectancy theory of motivation, but also how such expectations lead to behavioral intentions using career success model. It also enhances understanding of how various relationships among employees can be influenced through social media use and such usage can potentially affect both performance and careers. Finally, it shows how cultural factors induced by social media use can influence relations among the coworkers.

Keywords: the social network, workplace, social capital, motivation

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4535 Uncanny Orania: White Complicity as the Abject of the Discursive Construction of Racism

Authors: Daphne Fietz

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This paper builds on a reflection on an autobiographical experience of uncanniness during fieldwork in the white Afrikaner settlement Orania in South Africa. Drawing on Kristeva’s theory of abjection to establish a theory of Whiteness which is based on boundary threats, it is argued that the uncanny experience as the emergence of the abject points to a moment of crisis of the author’s Whiteness. The emanating abject directs the author to her closeness or convergence with Orania's inhabitants, that is a reciprocity based on mutual Whiteness. The experienced confluence appeals to the author’s White complicity to racism. With recourse to Butler’s theory of subjectivation, the abject, White complicity, inhabits both the outside of a discourse on racism, and of the 'self', as 'I' establish myself in relation to discourse. In this view, the qualities of the experienced abject are linked to the abject of discourse on racism, or, in other words, its frames of intelligibility. It then becomes clear, that discourse on (overt) racism functions as a necessary counter-image through which White morality is established instead of questioned, because here, by White reasoning, the abject of complicity to racism is successfully repressed, curbed, as completely impossible in the binary construction. Hence, such discourse endangers a preservation of racism in its pre-discursive and structural forms as long as its critique does not encompass its own location and performance in discourse. Discourse on overt racism is indispensable to White ignorance as it covers underlying racism and pre-empts further critique. This understanding directs us towards a form of critique which does necessitate self-reflection, uncertainty, and vigilance, which will be referred to as a discourse of relationality. Such a discourse diverges from the presumption of a detached author as a point of reference, and instead departs from attachment, dependence, mutuality and embraces the visceral as a resource of knowledge of relationality. A discourse of relationality points to another possibility of White engagement with Whiteness and racism and further promotes a conception of responsibility, which allows for and highlights dispossession and relationality in contrast to single agency and guilt.

Keywords: abjection, discourse, relationality, the visceral, whiteness

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4534 Gestural Pragmatic Inference among Primates: An Experimental Approach

Authors: Siddharth Satishchandran, Brian Khumalo

Abstract:

Humans are able to derive semantic content from syntactic and pragmatic sources. Multimodal evidence from signaling theory, which examines communication between individuals within and across species, suggests that non-human primates possess similar syntactic and pragmatic capabilities. However, the extent remains unknown because primate pragmatics are relatively under-examined. Our paper reviews research within communication theory amongst non-human primates to understand current theoretical trends. We examine evidence for primate pragmatic capacities through observational, experimental, and theoretical work on gestures. Given fragmented theoretical perspectives, we provide a unified framework of communication for future research that contextualizes the available research under code biology. To achieve this, we rely on biological semiotics (biosemiotics), the philosophy of biology investigating prelinguistic meaning-making as a function of signs and codes. We close by discussing areas of potential research for studying gestural pragmatics amongst non-human primates, particularly chimpanzees (Pan troglodytes), Diana monkeys (Cercopithecus diana), and other potential candidates.

Keywords: pragmatics, non-human primates, gestural communication, biological semiotics

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4533 The Urgenda and Juliana Cases: Redefining the Notion of Environmental Democracy

Authors: Valentina Dotto

Abstract:

Climate change cases used to take the form of statutory disputes rather than constitutional or common law disputes. This changed in 2015, with the Urgenda Climate case in the Netherlands (Urgenda Foundation v. The State of the Netherlands, C/09/456689/HAZA 13-1396) and, the Juliana case in the U.S. (United States v. U.S. District Court for District of Oregon, 17-71692, 9th Cir.). The two cases represent a new type of climate litigation, the claims brought against the federal government were in fact grounded in constitutional rights. The complaints used the Doctrine of Public Trust as a cornerstone for the lawsuits asserting that government's actions against climate change failed to protect essential public trust resources; thus, violating a generation's constitutional rights to life, liberty, and property. The Public Trust Doctrine –a quintessentially American legal concept-, reserved to the States by virtue of the 9th and 10th amendment of the federal Constitution, gives them considerable jurisdiction over natural resources and has been refined by a number of Supreme Court rulings. The Juliana case exemplifies the Doctrine’s evolutionary nature because it attempts to apply it to the federal government, and establish a right to a climate system capable of sustaining human life as a fundamental right protected by a substantive due process. Furthermore, the flexibility of the Doctrine makes it permissible to be applied to a variety of different legal systems as in the Urgenda case. At the very heart of the lawsuits stands the question of who owns the Earth resources and, to what extent the general public can claim the services that the Earth provides as common property. By employing the widest possible definition of the Doctrine of Public Trust these lawsuits tried to redefine environmental resources as a collective right of all people. By doing case analysis, the paper explores how these cases can contribute to widening the public access to information and broadening the public voice in decision making as well as providing a precedent to equal access in seeking justice and redress from environmental failures.

Keywords: climate change, doctrine of public trust, environmental democracy, Juliana case, Urgenda climate case

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4532 The Case for Reparations: Systemic Injustice and Human Rights in the United States

Authors: Journey Whitfield

Abstract:

This study investigates the United States' ongoing violation of Black Americans' fundamental human rights, as evidenced by mass incarceration, social injustice, and economic deprivation. It argues that the U.S. contravenes Article 9 of the International Covenant on Civil and Political Rights through policies that uphold systemic racism. The analysis dissects current practices within the criminal justice system, social welfare programs, and economic policy, uncovering the racially disparate impacts of seemingly race-neutral policies. This study establishes a clear lineage between past systems of oppression – slavery and Jim Crow – and present-day racial disparities, demonstrating their inextricable link. The thesis proposes that only a comprehensive reparations program for Black Americans can begin to redress these systemic injustices. This program must transcend mere financial compensation, demanding structural reforms within U.S. institutions to dismantle systemic racism and promote transformative justice. This study explores potential forms of reparations, drawing upon historical precedents, comparative case studies from other nations, and contemporary debates within political philosophy and legal studies. The research employs both qualitative and quantitative methods. Qualitative methods include historical analysis of legal frameworks and policy documents, as well as discourse analysis of political rhetoric. Quantitative methods involve statistical analysis of socioeconomic data and criminal justice outcomes to expose racial disparities. This study makes a significant contribution to the existing literature on reparations, human rights, and racial injustice in the United States. It offers a rigorous analysis of the enduring consequences of historical oppression and advocates for bold, justice-centered solutions.

Keywords: Black Americans, reparations, mass incarceration, racial injustice, human rights, united states

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4531 Convergence Analysis of Training Two-Hidden-Layer Partially Over-Parameterized ReLU Networks via Gradient Descent

Authors: Zhifeng Kong

Abstract:

Over-parameterized neural networks have attracted a great deal of attention in recent deep learning theory research, as they challenge the classic perspective of over-fitting when the model has excessive parameters and have gained empirical success in various settings. While a number of theoretical works have been presented to demystify properties of such models, the convergence properties of such models are still far from being thoroughly understood. In this work, we study the convergence properties of training two-hidden-layer partially over-parameterized fully connected networks with the Rectified Linear Unit activation via gradient descent. To our knowledge, this is the first theoretical work to understand convergence properties of deep over-parameterized networks without the equally-wide-hidden-layer assumption and other unrealistic assumptions. We provide a probabilistic lower bound of the widths of hidden layers and proved linear convergence rate of gradient descent. We also conducted experiments on synthetic and real-world datasets to validate our theory.

Keywords: over-parameterization, rectified linear units ReLU, convergence, gradient descent, neural networks

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4530 Behavioral Intentions and Cognitive-Affective Effects of Exposure to YouTube Advertisements among College Students

Authors: Abd El-Basit Ahmed Hashem Mahmoud, Othman Fekry Abdelbaki

Abstract:

This study attempts to investigate the exposure to YouTube ads among Egyptian college students, their attitudes towards these ads, behavioral intentions to watch them, and the effects of this exposure and to examine the relationships among these variables as well. The current study is theoretically guided by the theory of reasoned action (TRA) and cognitive-affective behavioral model (CAB) through a questionnaire survey administered to a convenience sample of 390 college students who watch YouTube videos from Cairo University, Egypt from February to May 2019. The results showed that 98.7% of respondents exposed to YouTube ads, and both of their attitudes towards YouTube ads exposure and their intentions to this exposure were moderately positive. The findings also indicated that respondents' gender had a significant impact on their intention to expose these ads. One-way ANOVA indicated that their attitudes towards exposure to YouTube ads influenced their behavioral intentions to watch these ads, and it also demonstrated that their behavioral intentions to watch these ads had an impact on the exposure to such ads. Pearson correlation revealed that there was a significant positive relationship between respondents' attitudes towards YouTube ads exposure and the cognitive, affective, and behavioral effects of this exposure.

Keywords: attitudes, behavioral intentions, theory of reasoned action, YouTube ads

Procedia PDF Downloads 135
4529 Filling the Gaps with Representation: Netflix’s Anne with an E as a Way to Reveal What the Text Hid

Authors: Arkadiusz Adam Gardaś

Abstract:

In his theory of gaps, Wolfgang Iser states that literary texts often lack direct messages. Instead of using straightforward descriptions, authors leave the gaps or blanks, i.e., the spaces within the text that come into existence only when readers fill them with their understanding and experiences. This paper’s aim is to present Iser’s literary theory in an intersectional way by comparing it to the idea of intersemiotic translation. To be more precise, the author uses the example of Netflix’s adaption of Lucy Maud Montgomery’s Anne of Green Gables as a form of rendering a book into a film in such a way that certain textual gaps are filled with film images. Intersemiotic translation is a rendition in which signs of one kind of media are translated into the signs of the other media. Film adaptions are the most common, but not the only, type of intersemiotic translation. In this case, the role of the translator is taken by a screenwriter. A screenwriter’s role can reach beyond the direct meaning presented by the author, and instead, it can delve into the source material (here – a novel) in a deeper way. When it happens, a screenwriter is able to spot the gaps in the text and fill them with images that can later be presented to the viewers. Anne with an E, the Netflix adaption of Montgomery’s novel, may be used as a highly meaningful example of such a rendition. It is due to the fact that the 2017 series was broadcasted more than a hundred years after the first edition of the novel was published. This means that what the author might not have been able to show in her text can now be presented in a more open way. The screenwriter decided to use this opportunity to represent certain groups in the film, i.e., racial and sexual minorities, and women. Nonetheless, the series does not alter the novel; in fact, it adds to it by filling the blanks with more direct images. In the paper, fragments of the first season of Anne with an E are analysed in comparison to its source, the novel by Montgomery. The main purpose of that is to show how intersemiotic translation connected with the Iser’s literary theory can enrich the understanding of works of art, culture, media, and literature.

Keywords: intersemiotic translation, film, literary gaps, representation

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4528 Constructal Enhancement of Fins Design Integrated to Phase Change Materials

Authors: Varun Joshi, Manish K. Rathod

Abstract:

The latent heat thermal energy storage system is a thrust area of research due to exuberant thermal energy storage potential. The thermal performance of PCM is significantly augmented by installation of the high thermal conductivity fins. The objective of the present study is to obtain optimum size and location of the fins to enhance diffusion heat transfer without altering overall melting time. Hence, the constructal theory is employed to eliminate, resize, and re-position the fins. A numerical code based on conjugate heat transfer coupled enthalpy porosity approached is developed to solve Navier-Stoke and energy equation.The numerical results show that the constructal fin design has enhanced the thermal performance along with the increase in the overall volume of PCM when compared to conventional. The overall volume of PCM is found to be increased by half of total of volume of fins. The elimination and repositioning the fins at high temperature gradient from low temperature gradient is found to be vital.

Keywords: constructal theory, enthalpy porosity approach, phase change materials, fins

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4527 Building and Development of the Stock Market Institutional Infrastructure in Russia

Authors: Irina Bondarenko, Olga Vandina

Abstract:

The theory of evolutionary economics is the basis for preparation and application of methods forming the stock market infrastructure development concept. The authors believe that the basis for the process of formation and development of the stock market model infrastructure in Russia is the theory of large systems. This theory considers the financial market infrastructure as a whole on the basis of macroeconomic approach with the further definition of its aims and objectives. Evaluation of the prospects for interaction of securities market institutions will enable identifying the problems associated with the development of this system. The interaction of elements of the stock market infrastructure allows to reduce the costs and time of transactions, thereby freeing up resources of market participants for more efficient operation. Thus, methodology of the transaction analysis allows to determine the financial infrastructure as a set of specialized institutions that form a modern quasi-stable system. The financial infrastructure, based on international standards, should include trading systems, regulatory and supervisory bodies, rating agencies, settlement, clearing and depository organizations. Distribution of financial assets, reducing the magnitude of transaction costs, increased transparency of the market are promising tasks in the solution for questions of services level and quality increase provided by institutions of the securities market financial infrastructure. In order to improve the efficiency of the regulatory system, it is necessary to provide "standards" for all market participants. The development of a clear regulation for the barrier to the stock market entry and exit, provision of conditions for the development and implementation of new laws regulating the activities of participants in the securities market, as well as formulation of proposals aimed at minimizing risks and costs, will enable the achievement of positive results. The latter will be manifested in increasing the level of market participant security and, accordingly, the attractiveness of this market for investors and issuers.

Keywords: institutional infrastructure, financial assets, regulatory system, stock market, transparency of the market

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4526 A Composite Beam Element Based on Global-Local Superposition Theory for Prediction of Delamination in Composite Laminates

Authors: Charles Mota Possatti Júnior, André Schwanz de Lima, Maurício Vicente Donadon, Alfredo Rocha de Faria

Abstract:

An interlaminar damage model is combined with a beam element formulation based on global-local superposition to assess delamination in composite laminates. The variations in the mechanical properties in the laminate, generated by the presence of delamination, are calculated as a function of the displacements in the interface layers. The global-local superposition of displacement fields ensures the zig-zag behaviour of stresses and displacement, and the number of degrees of freedom (DOFs) is independent of the number of layers. The displacements and stresses are calculated as a function of DOFs commonly used in traditional beam elements. Finally, the finite element(FE) formulation is extended to handle cases of different thicknesses, and then the FE model predictions are compared with results obtained from analytical solutions and commercial finite element codes.

Keywords: delamination, global-local superposition theory, single beam element, zig-zag, interlaminar damage model

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