Search results for: legality judgments

Authors: Poonamdeep kaur

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With the increase in number of Non-Resident Indian marriages there is also increase in foreign decree divorces which inevitably causes the problem of recognition and enforcement of foreign judgments in India. The Hindus in India are governed by the Hindu Marriage Act, 1956. According to the said Act the courts in India have jurisdiction to try the matrimonial dispute if the marriage is performed in India or the parties to the marriage have domicile in India irrespective of their nationality status. But, sometimes one of the parties to the marriage whose marriage is solemnized in India obtains divorce in foreign courts and prays for the recognition and enforcement of such divorce in India. In such case section 13 of the Indian Civil Procedure Code, 1908, comes into play for the recognition and enforcement of foreign divorces in India. The section makes a foreign judgment conclusive in India subject to the fulfilment of certain conditions. Even if a foreign decree divorce is given on personal connecting factors of the parties to the matrimonial dispute like domicile, such divorce may still be refused recognition in India by virtue of section 13 of the Indian Civil Procedure Code, 1908. It is a universal truth that municipal law of countries is not the same throughout the world. Comity plays an important role in recognition and enforcing a foreign judgment, but, now in India the principle is not applied mechanically as the divorce matter is dealt strictly with regard to Indian Law. So in this paper there will be deep analysis of Indian case laws relating to recognition and enforcement of foreign divorces and based on this a comparative study will be made with the laws of Canada and England on the same subject to find out whether the Indian law on recognition and Enforcement of foreign judgment are in line with the laws of Canada and England and whether in recent years the Indian courts have evolved some new principles of private international law to deal with limping marriages. At last conclusions will be drawn out from the comparative study and suggestions would be given to make the rules of recognition and enforcement of foreign judgments on divorce more certain.

Keywords: divorce, foreign decree, private international law, recognition and enforcement of foreign judgment

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Authors: Hadia Rafi

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To make any decision in any work/task/project it involves many factors that needed to be looked. The analytic Hierarchy process (AHP) is based on the judgments of experts to derive the required results this technique measures the intangibles and then by the help of judgment and software analysis the comparisons are made which shows how much a certain element/unit leads another. AHP includes how an inconsistent judgment should be made consistent and how the judgment should be improved when possible. The Priority scales are obtained by multiplying them with the priority of their parent node and after that they are added.

Keywords: AHP, priority scales, parent node, software analysis

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Authors: Chikae Isobe, Toshihiko Souma, Yoshiya Furukawa

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In Japan, an organization is sometimes asked for responsibility and apology toward the organization for the annoying behavior of employees, even though the behavior is not relevant to the organization. Our studies have repeatedly shown that it is important for organizational evaluation to organization propose compensatory behavior for such annoying behavior, even though the behavior is not relevant to the organization. In this study, it was examined how such an organizational response (apology) was likely to evaluate by members of the organization who were not related to the annoying behavior. Three independent variables were manipulated that is organization emotion (guilt and shame), compensation (proposal or not), and the relation between organization and the annoying behavior (relate or not). And the effects of organizational identity (high and low) were also examined. We conducted an online survey for 240 participants through a crowdsourcing company. Participants were asked to imagine a situation in which an incident in which some people in your company did not return an important document that they borrowed privately (vs. at work) became the topic of discussion, and the company responded. For the analysis,189 data (111 males and 78 females, mean age = 40.6) were selected. The results of ANOVA of 2 by2 on organizational appraisal, perceived organizational responsibility, and so on were conducted. Organization appraisal by members was also higher when the organization proposed compensatory behavior. In addition, when the annoying behavior was related to their work (than no related), for those who were high in organization identity (than low), organization appraisal was high. The interaction between relatedness and organizational identity was significant. Differences in relatedness between the organization and annoying behavior were significant in those with low organizational identity but not in those with high organizational identity. When the organization stated not taking compensatory action, members were more likely to perceive the organization as responsible for the annoying behavior. However, the interaction results indicated this tendency was limited to when the annoying behavior was not related to the organization. Furthermore, it tended to be perceived as responsible for the organization when the organization made a statement that felt shame for the annoying behavior not related to the organization and would compensate for the annoying behavior. These results indicate that even members of the organization do not consider the organization's compensatory actions to be unjustified. In addition, because those with high organizational identity perceived the organization to be responsible when it showed strong remorse (shame and compensation), they would be a tendency to make judgments that are consistent with organizational judgments. It would be considered that the Japanese have the norm that even if the organization is not at fault for a member's disruptive behavior, it should respond to it.

Keywords: appraisal for organization, annoying behavior, group shame and guilt, compensation, organizational apologies

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Authors: Tosin Ige

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Ethics must be a condition of the world, like logic. (Ludwig Wittgenstein, 1889-1951). As important as data mining is, it possess a significant threat to ethics, privacy, and legality, since data mining makes it difficult for an individual or consumer (in the case of a company) to control the accessibility and usage of his data. This research focuses on Current issues and the latest research and development on Privacy preserving data mining methods as at year 2022. It also discusses some advances in those techniques while at the same time highlighting and providing a new technique as a solution to an existing technique of privacy preserving data mining methods. This paper also bridges the wide gap between Data mining and the Web Application Programing Interface (web API), where research is urgently needed for an added layer of security in data mining while at the same time introducing a seamless and more efficient way of data mining.

Keywords: data, privacy, data mining, association rule, privacy preserving, mining technique

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Authors: Katarina Rogulj, Ivana Racetin, Jelena Kilic

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In this study, the fuzzy logic approach (FLA) was developed for construction project management (CPM) under uncertainty and duality. The focus was on decision making in selecting the type of the glass facade for a residential-commercial building in the main design. The adoption of fuzzy sets was capable of reflecting construction managers’ reliability level over subjective judgments, and thus the robustness of the system can be achieved. An α-cuts method was utilized for discretizing the fuzzy sets in FLA. This method can communicate all uncertain information in the optimization process, taking into account the values of this information. Furthermore, FLA provides in-depth analyses of diverse policy scenarios that are related to various levels of economic aspects when it comes to the construction projects' valid decision making. The developed approach is applied to CPM to demonstrate its applicability. Analyzing the materials of glass facades, variants were defined. The development of the FLA for the CPM included relevant construction projec'ts stakeholders that were involved in the criteria definition to evaluate each variant. Using fuzzy Decision-Making Trial and Evaluation Laboratory Method (DEMATEL) comparison of the glass facade was conducted. This way, a rank, according to the priorities for inclusion into the main design, of variants is obtained. The concept was tested on a residential-commercial building in the city of Rijeka, Croatia. The newly developed methodology was then compared with the existing one. The aim of the research was to define an approach that will improve current judgments and decisions when it comes to the material selection of buildings facade as one of the most important architectural and engineering tasks in the main design. The advantage of the new methodology compared to the old one is that it includes the subjective side of the managers’ decisions, as an inevitable factor in each decision making. The proposed approach can help construction projects managers to identify the desired type of glass facade according to their preference and practical conditions, as well as facilitate in-depth analyses of tradeoffs between economic efficiency and architectural design.

Keywords: construction projects management, DEMATEL, fuzzy logic approach, glass façade selection

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Authors: Danielle Jablanski

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This article addresses the use of drone strikes under international law and the intersection between Islamic law and current terrorist trends worldwide. It breaks down the legality of drone strikes under international law and dissects certain aspects of their usage in modern warfare; i.e. concepts of directly participating in hostilities and the role of CIA operators. The article then looks at international paradigms of law enforcement versus the use of military force in relation to terrorism. Lastly, it describes traditional aspects of Islamic law and several interpretations of the law today as applied to widespread campaigns of terrorism, namely that of the recent group ISIS or ISIL operating between the battlegrounds of Iraq and Syria. The piece concludes with appraisals for moving forward on the basis of honing in on reasons for terrorism and negative opinions of solely military campaigns to dismantle or disrupt terror organizations and breeding grounds.

Keywords: international law, terrorism, ISIS, islamic law

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Authors: Serdal AKYUZ

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The smart power is the use of soft and hard power together in consideration of existing circumstances. Soft power can be defined as the capability of changing perception of any target mass by employing policies based on legality. The hard power, generally, uses military and economic instruments which are the concrete indicator of general power comprehension. More than providing a balance between soft and hard power, smart power creates a proactive combination by assessing existing resources. Military targeting process (MTP), as stated in smart power methodology, benefits from a wide scope of lethal and non-lethal weapons to reach intended end state. The Smart powers components can be used in military targeting process similar to using of lethal or non-lethal weapons. This paper investigates the current use of Smart power concept, MTP and presents a new approach to MTP from smart power concept point of view.

Keywords: future security environment, hard power, military targeting process, soft power, smart power

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Authors: Jihane Abdessadak, Hicham Achelhi, Kamal Reklaoui

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For any company or organization, change must be natural and binding in order to evolve its business, protect its durability and remain competitive. "Adapt or disappear". But how often managers, leaders or employees develop astonishing ideas that could improve several aspects of the organization and the feedback is less that encouraging and people give unrealistic judgments just to escape change. In this paper, we are going to discuss what we do know about change and resistance to change and what we can do to tame this phenomenon and, above all, the main steps that can follow an idea man in the delicate and decisive implementation of innovations.

Keywords: innovation, change, resistance to change/innovation, barriers to innovation, levers of innovation

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Authors: Rahul Ranjan

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Using gender as a category to cull out historical analysis, feminist scholars have produced plethora of literature on the sexual symbolics and carnal practices of modern European empires. At a symbolic level, the penetration and conquest of faraway lands was charged with sexual significance and intrigue. The white male’s domination and possession of dark and fertile lands in Africa, Asia and the Americas offered, in Anne McClintock’s words, ‘a fantastic magic lantern of the mind onto which Europe projected its forbidden sexual desires and fears’. The politics of rape were also symbolically a question significant to the politics of empire. To the colonized subject, rape was a fearsome factor, a language that spoke of violent and voracious nature of imperial exploitation. The colonized often looked at rape as an act which colonizers used as tool of oppression. The rape as act of violence got encoded into the legal structure under the helm of Lord Macaulay in the so called ‘Age of Reform’ in 1860 under IPC (Indian penal code). Initially Lord Macaulay formed Indian Law Commission in 1837 in which he drafted a bill and defined the ‘crime of rape as sexual intercourse by a man to a woman against her will and without her consent , except in cases involving girls under nine years of age where consent was immaterial’. The modern English law of rape formulated under the colonial era introduced twofold issues to the forefront. On the one hand it deployed ‘technical experts’ who wrote textbooks of medical jurisprudence that were used as credential citation to make case more ‘objective’, while on the other hand the presumptions about barbaric subjects, the colonized women’s body that was docile which is prone to adultery reflected in cases. The untrustworthiness of native witness also remained an imperative for British jurists to put extra emphasis making ‘objective’ and ‘presumptuous’. This sort of formulation put women down on the pedestrian of justice because it disadvantaged her doubly through British legality and their thinking about the rape. The Imperial morality that acted as vanguards of women’s chastity coincided language of science propagated in the post-enlightenment which not only annulled non-conformist ideas but also made itself a hegemonic language, was often used as a tool and language in encoding of law. The medico-legal understanding of rape in the colonial India has its clear imprints in the post-colonial legality. The onus on the part of rape’s victim was dictated for the longest time and still continues does by widely referred idea that ‘there should signs, marks of resistance on the body of the victim’ otherwise it is likely to be considered consensual. Having said so, this paper looks at the textual continuity that had prolonged the colonial construct of women’s body and the self.

Keywords: body, politics, textual construct, phallocentric

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Authors: Vesali Naseh Morteza, Najafi Mohammad Hosein

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The possibility of trading in-game items for real money provides a high economic capacity for online games and turns them into a business model. Nowadays, the market for in-game item purchases and microtransactions or micropayments has been growing increasingly. Since the market should be legal, lawyers and lawmakers around the world have expressed concerns over the legality of online gaming and in-game transactions. The issue is highlighted by the recent emergence of an in-game business model in the name of loot boxes. Similarities between loot boxes gaming and gambling features activities have started a legal debate as to whether loot boxes constitute a form of gambling or whether the game’s use of loot boxes should be considered gambling. Hence, based on the relationship between loot boxes purchasing and problem gambling, the paper investigates the legal effect of the newly emergent phenomenon of loot boxes on online games from the perspective of Iranian law.

Keywords: serious games, loot boxes, online gambling, in-game purchase, virtual items

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Authors: Khairul Hasni

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A Memorandum of Understanding (MoU) for the cessation of hostilities was signed by Aceh's longstanding adversaries (the Government of Indonesia and the Free Aceh Movement (GAM) in August 2005. The Government of Indonesia has given the autonomy to Aceh Province of Indonesia, the Law Number 11 of 2006 the authority of the Aceh government to the implementation of the Islamic Sharia. The implementation of Islamic Sharia, Aceh can be a role model of Islam that glorifies women, the implementation of Islamic law in Aceh when enacted and got legality because it supported the socio-cultural and historical community. The value of the value of women's lives is shifted under the pressure of applying Islamic law, with this argument, the importance of justice and equality of policy enforcement in women's lives. Based on interviews conducted in 2016 and 2017 with women's activists, government officials, women non-governmental organizations in Aceh, this paper finds that there is lack of gender balance because of the many problems involving women in the enactment of regional regulations and control policies on women's bodies. The research points to ensure the implementation of Islamic Sharia practitioners have only directed to women and discrimination against women.

Keywords: women, policy, Islamic law, social

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Authors: Nandita Narayan

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In most constitutional democracies, courts have been the gatekeepers of fundamental rights. The task of determining whether a violation is in fact justified, therefore, is judicial. Any state action, legislative or administrative, has to be tested by the application of two standards – first, the action must be within the scope of the authority conferred by law and, second, it must be reasonable. If any action, within the scope of the authority conferred by law is found to be unreasonable, it will be struck down as unconstitutional or ultra vires. This paper seeks to analyse the varying standards of reasonableness adopted by the Supreme Court of India where there is a violation of fundamental rights by state action. This is sought to be done by scrutinising case laws and classifying the legality of the violation under one of three levels of judicial scrutiny—strict, intermediate, or weak. The paper concludes by proving that there is an irregularity in the standards adopted, thus resulting in undue discretionary power of the judiciary which strikes at the very concept of reasonableness and ultimately becomes arbitrary in nature. This conclusion is reached by the comparison of reasonableness review of fundamental rights in other jurisdictions such as the USA and Canada.

Keywords: constitutional law, judicial review, fundamental rights, reasonableness, India

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Authors: L. Bruckert, A. Mansourzadeh

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The voice has a major influence on interpersonal communication in everyday life via the perception of pleasantness. The evolutionary perspective postulates that the mechanisms underlying the pleasantness judgments are universal adaptations that have evolved in the service of choosing a mate (through the process of sexual selection). From this point of view, the favorite voices would be those with more marked sexually dimorphic characteristics; for example, in men with lower voice pitch, pitch is the main criterion. On the other hand, one can postulate that the mechanisms involved are gradually established since childhood through exposure to the environment, and thus the prosodic elements could take precedence in everyday life communication as it conveys information about the speaker's attitude (willingness to communicate, interest toward the interlocutors). Our study focuses on voice pleasantness and its relationship with social impression formation, exploring both the spectral aspects (pitch, timbre) and the prosodic ones. In our study, we recorded the voices through two vocal corpus (five vowels and a reading text) of 25 French males speaking French and 25 Iranian males speaking Farsi. French listeners (40 male/40 female) listened to the French voices and made a judgment either on the voice's pleasantness or on the speaker (judgment about his intelligence, honesty, sociability). The regression analyses from our acoustic measures showed that the prosodic elements (for example, the intonation and the speech rate) are the most important criteria concerning pleasantness, whatever the corpus or the listener's gender. Moreover, the correlation analyses showed that the speakers with the voices judged as the most pleasant are considered the most intelligent, sociable, and honest. The voices in Farsi have been judged by 80 other French listeners (40 male/40 female), and we found the same effect of intonation concerning the judgment of pleasantness with the corpus «vowel» whereas with the corpus «text» the pitch is more important than the prosody. It may suggest that voice perception contains some elements invariant across culture/language, whereas others are influenced by the cultural/linguistic background of the listener. Shortly in the future, Iranian people will be asked to listen either to the French voices for half of them or to the Farsi voices for the other half and produce the same judgments as the French listeners. This experimental design could potentially make it possible to distinguish what is linked to culture and what is linked to language in the case of differences in voice perception.

Keywords: cross-cultural psychology, impression formation, pleasantness, voice perception

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Authors: Nirmal Singh, Rajesh Kumar

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Abstract- Information literacy aims to develop both critical understanding and active participation in scholars. It enables scholars to interpret and make informed judgments as users of information sources, and it also enables them to become producers of information in their own right, and thereby to become more powerful participants in society. Information literacy is about developing people‘s critical and creative abilities. Digital media – and particularly the Internet – significantly increase the potential for such active participation of the individual, provided scholars have the means and training to effectively access and use them. This paper provides definition, standards and importance of information literacy (IL). Keywords: Information literacy, Digital Media, Training, Communications Technologies.

Keywords: Information literacy, Digital Media, Training, , Communications Technologies

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Authors: Tiffany Wicks

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Queer patients can face issues with self-advocating due to the factors of implicit provider bias, lack of tools and resources to self-advocate, and lack of comfortability in self-advocating based on prior experiences. In this study, five participants who identify as queer discussed their interactions with their healthcare providers. This exploratory study revealed that there is a need for healthcare provider education to reduce implicit bias and judgments about queer patients. There is also an important need for peer advocates in order to further inform healthcare promotion and decision-making before and during provider visits in an effort for a better outcome. Through this exploration, queer patients voiced their experiences and concerns to inform a need for change in healthcare collaboration between providers and patients in the queer community.

Keywords: queer, LGBT, patient, self-advocacy, healthcare

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Authors: Ameen Alshugaa, Farrukh Habib

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Shariah (the Islamic law) sanctions a plethora of profit-sharing arrangements for financial transactions. However, when it comes to the practice of Islamic banking, it is felt by the scholars and practitioners that many of these arrangements often fail to compensate different parties of a financial transaction compared to conventional banking, due to the Riba (interest / usury) element. This issue is caused by the parties inability to codify these compensations in any contract so as to avoid Riba. Here, hibah (gift) may be regarded as one of the solutions. In essence, hibah is a unilateral charity contract where a party voluntarily gives away something to another party without any counter value. This paper attempts to analyse theoretical and practical aspects of hibah from the perspective of Islamic law, enunciating its legality and detailing its allowance in Islamic banking. It also discusses several practices evaluating the role of hibah in resolving issues related to Riba. In particular, these practices demonstrate the validity of hibah as a way to distribute revenues and compensate parties in Islamic financial transactions, while achieving competitive advantage over conventional banking, and avoiding the element of Riba.

Keywords: hibah (gift), Islamic Finance, Islamic Law of Contract, profit distribution, Shariah

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Authors: Seyedeh Sajedeh Salehi

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The Regulation No. 1215/2012/EC also known as the Brussels I Regulation (Recast) deals with jurisdictional disputes in civil and commercial matters. The main aim of the Recast (as in-line with its predecessor Regulation) is to bring a reform in procuring more simplified and faster circulation of civil and commercial judgments within the EU. Hence it is significant to take a closer look at the function of this regulatory tool. Therefore, the main objective of this paper is to analyze a clear understanding of the post-Recast situation on e-commerce relevant jurisdictional matters. The e-consumer protection and the choice-of-court agreements along with the position of the Court of Justice of the European Union in its decisions within the Recast Regulation will be also taken into consideration throughout this paper.

Keywords: choice-of-court agreements, consumer protection, e-commerce, jurisdiction, Recast Brussels I Regulation

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Authors: Yrfet Shkreli

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To determine the content of human rights norms in national constitutions, international law - in the form of treaties, declarations and case law from international monitoring bodies, and comparative case law from other countries - is often discussed in the judgments of domestic courts. This paper explores the extent to which international law has influenced domestic human rights case law in Africa. The paper first explores how the human rights provisions of African constitutions came into being before turning to the role played by international law in the constitutional order of various African states and how treaties, declarations and findings of international monitoring bodies have been used in African countries to interpret and expand on constitutional human rights provisions.

Keywords: European Union, global governance, globalization, normative power

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Authors: Hasan Alrashid

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The 2005 Hague Convention seeks to ensure legal certainty and predictability between parties in international business transactions. It harmonies exclusive choice of court agreements at the international level between parties to commercial transactions and to govern the recognition and enforcement of judgments resulting from proceedings based on such agreements to promote international trade and investment. Although the choice of court agreements is significant in international business transactions, the United Arab Emirates refuse to recognise it by Article 24 of the Federal Law No. 11 of 1992 of the Civil Procedure Code. A review of judicial judgments in United Arab Emirates up to the present day has revealed that several cases appeared before the Court in different states of United Arab Emirates regarding the recognition of exclusive choice of court agreements. In all the cases, the courts regarded the exclusive choice of court agreements as a direct assault on state authority and sovereignty and refused categorically to recognize choice of court agreements by refusing to stay proceedings in favor of the foreign chosen court. This has created uncertainty and unpredictability in international business transaction in the United Arab Emirates. In June 2011, the first Gulf Judicial Seminar on Cross-Frontier Legal Cooperation in Civil and Commercial Matters was held in Doha, Qatar. The Permanent Bureau of the Hague Conference attended the conference and invited the states of the Gulf Cooperation Council (GCC) namely, The United Arab Emirates, Bahrain, Saudi Arabia, Oman, Qatar and Kuwait to adopt some of the Hague Conventions, one of which was the Hague Convention on Choice of Court Agreements. One of the recommendations of the conference was that the GCC states should research ‘the benefits of predictability and legal certainty provided by the 2005 Convention on Choice of Court Agreements and its resulting advantages for cross-border trade and investment’ for possible adoption of the Hague Convention. Up to today, no further step has been taken by the any of the GCC states to adapt the Hague Convention nor did they conduct research on the benefits of predictability and legal certainty in international business transactions. This paper will argue that the approach regarding the recognition of choice of court agreements in United Arab Emirates states can be improved in order to help the parties in international business transactions avoid parallel litigation and ensure legal certainty and predictability. The focus will be the uncertainty and gaps regarding the choice of court agreements in the United Arab Emirates states. The Hague Convention on choice of court agreements and the importance of harmonisation of the rules of choice of court agreements at international level will also be discussed. Finally, The feasibility and desirability of recognizing choice of court agreements in United Arab Emirates legal system by becoming a party to the Hague Convention will be evaluated.

Keywords: choice of court agreements, party autonomy, public authority, sovereignty

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Authors: Monia Hassan Abdulrahman

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Resource-based view is built on many theories in addition to diverse perspectives, we extend this view placing emphasis on human resources addressing the tools required to sustain competitive advantage. Highlighting on several theories and judgments, assumptions were established to clearly reach if resource possession alone suffices for the sustainability of competitive advantage, or necessary accommodation are required for better performance. New practices were indicated in terms of resources used in firms, these practices were implemented on the human resources in particular, and results were developed in compliance to the mentioned assumptions. Such results drew attention to the significance of practices that provide enhancement of human resources that have a core responsibility of maintaining resource-based view for an organization to lead the way to gaining competitive advantage.

Keywords: competitive advantage, resource based value, human resources, strategic management

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Authors: Tugba Ayas Onol

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The paper revisits Jean-François Lyotard’s interpretation of the Kantian Sublime as a tool for understanding politics after modernity. In 1985 Lyotard announces the end of rational politics based on consensus and claims that new strategies are urged to recognize the political imperatives of marginalized groups. The charm of the sublime as a reflective judgment is grounded on the fact that the judgment of sublime is free from any notion of consensus or common sense in particular. Lyotard interprets this feature of the sublime as a respect for heterogeneity and for him aesthetic judgments can be a model for understanding justice in postmodern times, in which it seems hard to follow a single universal law among different phrase regimes. More importantly, the Kantian sublime speaks to what Lyotard addresses as the incommensurability of phase genres. The present paper shall try to evaluate Lyotard’s employment of the Kantian notion of the sublime in relation to its possible political import.

Keywords: Kant, Lyotard, sublime, politics

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Authors: Yukinori Fuse, Masato Kawaguchi

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A quantitative risk assessment method was developed for fiber emissions from sprayed asbestos-containing materials (ACMs). In Japan, instead of being quantitative, these risk assessments have relied on the subjective judgment of skilled engineers, which may vary from one person to another. Therefore, this closed sampling method aims at avoiding any potential variability between assessments. This method was used to assess emissions from ACM sprayed in eleven buildings and the obtained results were compared with the subjective judgments of a skilled engineer. An approximate correlation tendency was found between both approaches. In spite of existing uncertainties, the closed sampling method is useful for public health protection. We firmly believe that this method may find application in the management and renovation decisions of buildings using friable and sprayed ACM.

Keywords: asbestos, renovation, risk assessment, maintenance

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Authors: Yichen Liu, Gexing Ding

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Past research seeking to understand our ability to update social impressions in light of behavioral inconsistencies has shown that morality is more dominant in impression formation and updating than ability (e.g. friendly vs. efficient). In this study, we aim to test whether this pattern holds among the teenage population in an eastern society. Our findings revealed that competency and moral judgments go beyond impression formation in social cognition by influencing physical attractiveness evaluation. Moreover, our results confirmed that moral description has a leading role over the other basic dimensions of human social cognition (i.e., competency) in driving the impression formation process in an eastern society. However, competency information was generally perceived as more favorable than moral information, regardless of valence. Further investigation is needed to understand the mechanism of such effects.

Keywords: impression formation, social cognition, moral judgment, cross-cultural

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Authors: Olgun Akbulut

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Turkey has entered in the European human rights monitoring in the early 1990s. Since then many improvements have been observed in domestic law. However, one area stays the least developed one: gender discrimination. Although the country is proud of the fact that electoral rights for women were recognized in Turkey even before many developed countries in the west, interestingly the first Turkish case where the European Court of Human Rights (ECrtHR) found discrimination concerned gender discrimination. With the proposed paper, the author is willing to determine and analyze the findings of the ECrtHR in cases decided against Turkey concerning gender discrimination, identify whether Turkish public institutions display coordination in engagement or disengagement in implementing the judgments where the ECrtHR found discrimination on the basis of gender and evaluate the effectiveness of the Court's jurisprudence on Turkish gender policy.

Keywords: equality, gender discrimination, human rights, Turkey

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Authors: Mete Ulaş Aksoy

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In contemporary politics, the state of emergency has become a permanent and salient feature of politics. This study aims to clarify the anthropological and ontological dimensions of the permanent state of emergency. It pays special attention to the structural relation between the exception and play. Focusing on the play in the context of emergency and exception enables the recognition of the difference and sometimes the discrepancy between the exception and emergency, which has passed into oblivion because of the frequency and normalization of emergency situations. This study coins the term “ludic exception” in order to highlight the difference between the exceptions in which exuberance and paroxysm rule over the socio-political life and the permanent emergency that protects the authority with a sort of extra-legality. The main thesis of the study is that the ludic elements such as risk, conspicuous consumption, sacrificial gestures, agonism, etc. circumscribe the exceptional moments temporarily, preventing them from being routine and normal. The study also emphasizes the decline of ludic elements in modernity as the main factor in the transformation of the exceptions into permanent emergency situations. In the introduction, the relationship between play and exception is taken into consideration. In the second part, the study elucidates the concept of ludic exceptions and dwells on the anthropological examples of the ludic exceptions. In the last part, the decline of ludic elements in modernity is addressed as the main factor for the permanent emergency.

Keywords: emergency, exception, ludic exception, play, sovereignty

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Authors: Jan Podkowik

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The article discusses issues of mutual relationships of human dignity and personal autonomy. According to constitutions of many countries and international human rights law, human dignity is a fundamental and inviolable value. It is the source of all freedoms and rights, including personal autonomy. Human dignity, as an inherent, inalienable and non-gradable value comprising an attribute of all people, justifies freedom of action according to one's will and following one's vision of good life. On the other hand, human dignity imposes immanent restrictions to personal autonomy regarding decisions on commercialization of the one’s body, etc. It points to the paradox of dignity – the source of freedom and conditions (basic) of its limitations. The paper shows the theoretical concept of human dignity as an objective value among legal systems, determining the boundaries of legal protection of personal autonomy. It is not, therefore, the relevant perception of human dignity and freedom as opposite values. Reference point has been made the normative provisions of the Polish Constitution and the European Convention on Human Rights and Fundamental Freedoms as well as judgments of constitutional courts.

Keywords: autonomy, constitution, human dignity, human rights

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Authors: Mohammad Reza Haji Babai, Sepideh Ahmadkhan Beigi

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Internationalization and modernization of the globe have played their roles in the process of cultural interaction between globalized societies and, consequently, found their way to the world of literature under the name of ‘imagology’. Imagology has made it possible for the reader to understand the author’s thoughts and judgments of others. The present research focuses on the intercultural images portrayed in the novel of a popular Turkish-French writer, Elif Shafak, about the lifestyle, traditions, habits, and social norms of Turkish, Americans, and Armenians. The novel seeks to articulate a more intricate multicultural memory of Turkishness by grieving over the Armenian massacre. This study finds that, as a mixture of multiple lifestyles and discourses, The Bastard of Istanbul reflects not only images of oriental culture but also occidental cultures. This means that the author has attempted to maintain selfhood through historical and cultural recollection, which resulted in constructing the self and another identity.

Keywords: imagology, Elif Shafak, The Bastard of Istanbul, self-image, other-image

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Authors: Francesca Marsili

Abstract:

The reliability assessment of existing structures with probabilistic methods is becoming an increasingly important and frequent engineering task. However probabilistic reliability methods are based on an exhaustive knowledge of the stochastic modeling of the variables involved in the assessment; at the moment standards for the modeling of variables are absent, representing an obstacle to the dissemination of probabilistic methods. The framework according to probability distribution functions (PDFs) are established is represented by the Bayesian statistics, which uses Bayes Theorem: a prior PDF for the considered parameter is established based on information derived from the design stage and qualitative judgments based on the engineer past experience; then, the prior model is updated with the results of investigation carried out on the considered structure, such as material testing, determination of action and structural properties. The application of Bayesian statistics arises two different kind of problems: 1. The results of the updating depend on the engineer previous experience; 2. The updating of the prior PDF can be performed only if the structure has been tested, and quantitative data that can be statistically manipulated have been collected; performing tests is always an expensive and time consuming operation; furthermore, if the considered structure is an ancient building, destructive tests could compromise its cultural value and therefore should be avoided. In order to solve those problems, an interesting research path is represented by investigating Artificial Intelligence (AI) techniques that can be useful for the automation of the modeling of variables and for the updating of material parameters without performing destructive tests. Among the others, one that raises particular attention in relation to the object of this study is constituted by Case-Based Reasoning (CBR). In this application, cases will be represented by existing buildings where material tests have already been carried out and an updated PDFs for the material mechanical parameters has been computed through a Bayesian analysis. Then each case will be composed by a qualitative description of the material under assessment and the posterior PDFs that describe its material properties. The problem that will be solved is the definition of PDFs for material parameters involved in the reliability assessment of the considered structure. A CBR system represent a good candi¬date in automating the modelling of variables because: 1. Engineers already draw an estimation of the material properties based on the experience collected during the assessment of similar structures, or based on similar cases collected in literature or in data-bases; 2. Material tests carried out on structure can be easily collected from laboratory database or from literature; 3. The system will provide the user of a reliable probabilistic description of the variables involved in the assessment that will also serve as a tool in support of the engineer’s qualitative judgments. Automated modeling of variables can help in spreading probabilistic reliability assessment of existing buildings in the common engineering practice, and target at the best intervention and further tests on the structure; CBR represents a technique which may help to achieve this.

Keywords: reliability assessment of existing buildings, Bayesian analysis, case-based reasoning, historical structures

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Authors: Djehich Mohamed Yousri

Abstract:

Nowadays, migration has become a phenomenon that attracts the attention of researchers, countries, agencies, and national and international bodies. Wars and climate change, demographics, poverty, natural disasters, and epidemics are all threats that are contributing daily to forcing more people to migrate. There are those who resort to emigration because of the deteriorating political conditions in their country, others resort to emigration to improve their financial situation, and others emigrate from their country for fear of some penalties and judgments issued against them. In the field of migration, becoming a member of the United Nations as a "relevant organization" gives the United Nations a clear mandate on migration. Its primary goal is to facilitate the management of international migration in an orderly and humane manner. In order to achieve this goal, the organization adopts an international policy to meet the challenges posed in the field of migration. This paper attempts to study the structure of this international organization and its strategy in dealing with the phenomenon of international migration.

Keywords: international organization for migration, immigrants, immigrant rights, resettlement, migration organization strategy

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Authors: Veljko Turanjanin

Abstract:

In this article, an author deals with the issue of life imprisonment. Life imprisonment represents a new sentence in the Serbian legislature, in addition to the standard one, imprisonment. The author elaborated on judgments of the European Court of Human Rights (ECtHR), imposing the possibility of parole for the person sentenced to life imprisonment, emphasizing rehabilitation as the primary goal of penalties. According to the ECtHR, life imprisonment without parole is not permitted. The right to rehabilitation is very strictly set in the ECtHR jurisprudence. Life imprisonment represents a new sentence in the Serbian legislature, in addition to the standard one, imprisonment. The legislator provided the possibility of parole for most criminal offenses after 27 years in prison, while for some of them, a possibility of parole is explicitly prohibited. The author points out the shortcomings of the legal solution that exists in Serbia, which flagrantly threatens to violate the human rights of the offenders.

Keywords: European Court of Human Rights, life imprisonment, parole, rehabilitation

Procedia PDF Downloads 76