Search results for: normative discretion

Authors: Antonio Sepúlveda, Camila Marques, Carlos Bolonha, Igor De Lazari, Henrique Rangel

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The judicial practice faces a tension between normative discretion and institutional capacities. There are clarity graduations of the statutory text that might induce different specialization levels of the judges. A major problem stemming from that tension is a greater discretion without a proportional specialization. The normative clarity, although its absence can be overcome through specialization, avoids problems related to disproportionate discretion and judicial dissonance. When judicial interpretation deals with the lack of legal clarity, a significant juridical insecurity frame is verified. Decisional uniformity mechanisms are created in order to surpass these problems. Brazil brings great examples, such as the súmulas, the enunciados, and the súmulas vinculantes. Despite of the resistance presented to the latter, mainly based on judges’ independence, even countries of the Common Law tradition develop such mechanisms. The British Guidelines face the lack of legal clarity problem and promote a decisional consonance system.

Keywords: generalist judges, institutional capacities, normative clarity, normative discretion

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Authors: Lina Dagilienė

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The article explores the impact of normative institutional factors on the development of sustainability reporting. The vast majority of research in the scientific literature focuses on mandatory institutional factors, i.e. how public institutions and market regulators affect sustainability reporting. Meanwhile, there is lack of empirical data for the impact of normative institutional factors. The effect of normative factors in this paper is based on the role of non-governmental organizations (NGO) and institutional theory. The case of Global Compact Local Network in the developing country was examined. The research results revealed that in the absence of regulated factors, companies were not active with regard to social disclosures; they presented non-systemized social information of a descriptive nature. Only 10% of sustainability reports were prepared using the GRI methodology. None of the reports were assured by third parties.

Keywords: institutional theory, normative, sustainability reporting, Global Compact Local Network

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Authors: Anna K. Wood, Terri Friedline

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In April and May 2020, the private banking industry approved over 1.7 million emergency small business loans, totaling over $650 billion in federal relief funds as part of the Paycheck Protection Program (PPP). Since the program’s rollout, the extensive evidence of discriminatory lending and misuse of funds has been revealed by investigative journalism and academic studies. This study is based on 41 interviews with frontline banking industry professionals conducted during the days and weeks of the PPP rollout, presenting a real-time narrative of the program rollout through the eyes of those in the role of a street-level bureaucrat. We present two themes from this data about the conditions under which these frontline workers experienced the PPP: Exigent Timelines and Defaulting to Existing Workplace Norms and Practices. We analyze these themes using literature on street-level organizations, bureaucratic discretion, and the differences between public and private sector logic. The results of this study present new directions for theorizing sector-level differences in street-level bureaucratic discretion in the context of mixed-sector collaboration on public service delivery, particularly under conditions of crisis and urgency.

Keywords: street level bureaucracy, social policy, bureaucratic discretion, public private partnerships

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Authors: Kate Whitman, Zahra Murad, Joe Cox, Adam Cox

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This study investigates the influence of normative communications on digital piracy intentions. Although descriptive norms are thought to influence behavior, the study examines the potential bias in one's own behavior, leading to false consensus—a phenomenon perpetuating undesirable activities. The research tests the presence of false consensus and the effect of correcting normative predictions on changes in piracy intentions, examining gender differences. Results from a controlled experiment (N = 684) indicate that normative communications, reflecting the "real" norm based on government data (N=5000), increase (decrease) piracy intentions among men (women) underestimating their peers' behavior. Conversely, neither men nor women overestimating their peers' piracy show any notable change in intentions. Considering men consume more illegal content than women, suggesting they pose a higher risk, the study highlights the need for cautious use of normative communications. Therefore, policymakers should minimize the visibility of piracy behavior for effective digital piracy management.

Keywords: digital piracy, false consensus, normative interventions, persuasive messages

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Authors: Liza Michaeli

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Fermata, from fermare, means to be on hold, conjoining contenere (contain), fissare (fasten), and rimanere (stay). It is a musical indication that a note should be (that is, calls to be) prolonged beyond the "normal duration" the note value would indicate. To be "held up" is to be held impractically in the lunga pausa, where the breath "is to be taken," taken in, but the release is impeded. In this pause of unspecified length, life is being prolonged against your discretion but given to you to inhabit. That is why the note value, the recognized "normative value," does not "accept" the significance of the prolongation. The value is interested in "saving time." The query at the heart of "Life in the fermata" will therefore be: is this life on hold, or rather, life holding. The paper shall meditate, via musical notation, on the significance of experience "inside": namely, the hold.

Keywords: fermata, experience, significance, the hold, prolongation

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Authors: Bitopi Dutta

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This paper attempts to understand the constructs of binaries while taking into account the politics of the body. It delves into how these constructs get fashioned and recreated while performing the same across normative and non-normative discourses. While it may be almost mundane and commonplace to see the performance of body within binary constructs across the normative discourses, this is to a great extent also true for those queer discourses that have challenged the conventional/normative. With a queer feminist perspective, the paper challenges this performativity while simultaneously engaging with the subtle nuances of blurring the borders of gender markers. The problem with this polarization within binary constructs is that there remains a tendency to reinstate patriarchy within queerness. To substantiate this argument further, the paper will draw from narratives and accounts of identities with alternate sexualities and genders. The paper concludes with problematising this hegemony within queer discourses locating the question of acceptance and visibility of fluidities.

Keywords: binary, body, gender, identity, performativity, queer

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Authors: Christina Volioti, Sotiris Manitsaris, Eleni Katsouli, Vasiliki Tsekouropoulou, Leontios J. Hadjileontiadis

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The piano sonatas of Beethoven represent part of the Intangible Cultural Heritage. The aims of this research were to further explore this intangibility by placing emphasis on defining emotional normative ratings for the “Waldstein” (Op. 53) and “Tempest” (Op. 31) Sonatas of Beethoven. To this end, a musicological analysis was conducted on these particular sonatas and referential patterns in these works of Beethoven were defined. Appropriate interactive questionnaires were designed in order to create a statistical normative rating that describes the emotional status when an individual listens to these musical excerpts. Based on these ratings, it is possible for emotional annotations for these same referential patterns to be created and integrated into the music score.

Keywords: emotional annotations, intangible cultural heritage, musicological analysis, normative ratings

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Authors: Tomer Einat, Sharon Rabinovitz, Inbal Harel-Aviram

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This study explores men’s motivation and justification to remain married to their criminal, imprisoned wives. Using semi-structured interviews and content-analysis, data were collected and analyzed from eight men who maintain stable marriage relationships with their incarcerated wives. Participants are normative men who describe incarceration as a challenge that enhances mutual responsibility and commitment. They exaggerate the extent to which their partners resemble archetypal romantic ideals. They use motivational accounts to explain the woman’s criminal conduct, which is perceived as non-relevant to her real identity. Physical separation and lack of physical intimacy are perceived as the major difficulties in maintaining their marriage relations. Length of imprisonment and marriage was found to be related to the decision whether to continue or terminate the relationships. Women-inmates’ partners experience difficulties and use coping strategies very similar to those cited by other normative spouses facing lengthy separation.

Keywords: female inmates, marriage, normative spouses, romantic accounts

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Authors: Antoine Miguel Borromeo, Kristian Anthony Menez, Moira Louise Ordonez, David Carl Rabaya

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This study aimed to test if induced mood and normative conformity have any effect specifically on prosocial behavior, which was operationalized as the willingness to donate to a non-government organization. The effect of current attitude towards the object of the prosocial behavior was also considered with a covariate test. Undergraduates taking an introductory course on psychology (N = 132) from the University of the Philippines Diliman were asked how much money they were willing to donate after being presented a video about coral reef destruction and a website that advocates towards saving the coral reefs. A 3 (Induced mood: Positive vs Fear and Sadness vs Anger, Contempt, and Disgust) x 2 (Normative conformity: Presence vs Absence) between-subjects analysis of covariance was used for experimentation. Prosocial behavior was measured by presenting a circumstance wherein participants were given money and asked if they were willing to donate an amount to the non-government organization. An analysis of covariance revealed that the mood induced has no significant effect on prosocial behavior, F(2,125) = 0.654, p > 0.05. The analysis also showed how normative conformity has no significant effect on prosocial behavior, F(1,125) = 0.238, p > 0.05, as well as their interaction F(2, 125) = 1.580, p > 0.05. However, the covariate, current attitude towards corals was revealed to be significant, F(1,125) = 8.778, p < 0.05. From this, we speculate that inherent attitudes of people have a greater effect on prosocial behavior than temporary factors such as mood and conformity.

Keywords: attitude, induced mood, normative conformity, prosocial behavior

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Authors: Rebecca Hafner, Daniel Read, David Elmes

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The persuasive potential of normative and feedback (financial vs. environmental) information in ‘nudging’ people towards making environmentally sound decisions was explored in a hypothetical choice experiment. The research was specifically focused on determining how subtle variations in the decision frame could be used to increase the selection of energy efficient vs. standard technologies, using the context of home heating choice. Participants were given a choice of a standard heating system (a gas boiler) and a relatively more-energy efficient option (a heat pump). The experiment had a 2 (normative vs. no normative information) by 3 feedback type (financial, environmental, none) design. The last group constituted the control. Half of the participants were given normative information about what the majority of others in their neighbourhood had opted to do when faced with the same choice set, prior to making their decision. The other half received no such information. Varying feedback frames were incorporated by providing participants with information on either financial or environmental savings that could be achieved by choosing the heat pump. No such information was provided in the control group. A significant interaction was found between normative information and feedback frame type. Specifically, the impact of feedback frames was found to be reduced when normative information was provided; illustrating the overriding influence of normative information on option preference. Participants were significantly more likely to select the heat pump if they were vs. were not given normative information. Yet when no normative information was provided, the persuasive influence of the financial frame was increased – highlighting this as an effective means of encouraging uptake of new technologies in this instance. Conversely, the environmental frame was not found to differ significantly from the control. Marginal carryover effects were also found for stated future real-life decision-making behaviour, with participants who were versus were not given normative information being marginally more likely to state they would consider installing a heat pump when they next need to replace their heating system in real life. We conclude that normative and financial feedback framing techniques are highly effective in increasing uptake of new, energy efficient heating technologies involving significant upfront financial outlay. The implications for researchers looking to promote ‘green’ choice in the context of new technology adoption are discussed.

Keywords: energy-efficient technology adoption, environmental decision making, financial vs. environmental feedback framing techniques, social norms

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Authors: E. A. Krasikov

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Influence of neutron irradiation on RPV steel degradation are examined with reference to the possible reasons of the substantial experimental data scatter and furthermore – nonstandard (non-monotonous) and oscillatory embrittlement behavior. In our glance, this phenomenon may be explained by presence of the wavelike component in the embrittlement kinetics. We suppose that the main factor affecting steel anomalous embrittlement is fast neutron intensity (dose rate or flux), flux effect manifestation depends on state-of-the-art fluence level. At low fluencies, radiation degradation has to exceed normative value, then approaches to normative meaning and finally became sub normative. Data on radiation damage change including through the ex-service RPVs taking into account chemical factor, fast neutron fluence and neutron flux were obtained and analyzed. In our opinion, controversy in the estimation on neutron flux on radiation degradation impact may be explained by presence of the wavelike component in the embrittlement kinetics. Therefore, flux effect manifestation depends on fluence level. At low fluencies, radiation degradation has to exceed normative value, then approaches to normative meaning and finally became sub normative. Moreover as a hypothesis we suppose that at some stages of irradiation damaged metal have to be partially restored by irradiation i.e. neutron bombardment. Nascent during irradiation structure undergo occurring once or periodically transformation in a direction both degradation and recovery of the initial properties. According to our hypothesis, at some stage(s) of metal structure degradation neutron bombardment became recovering factor. As a result, oscillation arises that in turn leads to enhanced data scatter.

Keywords: annealing, embrittlement, radiation, RPV steel

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Authors: Thomas Benson

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This paper leverages theoretical insights into two different justice approaches – environmental justice and ecological justice – to examine the effectiveness of sustainable development within smart cities and related smart city technology initiatives. Through theoretical development, the author seeks to establish an Eco Framework for smart cities and urban sustainable development. In turn, this paper aims to proffer the notion that there are ecologically sustainable ways in which smart cities can get smarter, and that such strategies can be compatible with ecological justice and environmental justice. Ultimately, a single conceptual framework is put forward to integrate the above approaches and concepts with normative prescriptions, which can serve researchers in the continued examination of smart cities and policymakers in their sustainable development of smart cities.

Keywords: ecological justice, environmental justice, normative framework, smart cities, sustainable development

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Authors: Chineduum Okpala

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Nigeria, since her independence, has been engulfed in financial crimes of different forms. From embezzlement and conversion of public funds by public servants to stealing, contract inflation, and money laundering. Money laundering in Nigeria, particularly by political exposed persons, has been an issue of concern since independence. Corruption has been endemic, and Nigeria needs to integrate pro-active measures to show to the international community that it is ready to move against this vice. This paper discusses the negative effect of corruption and its effect on prosecutorial discretion. It also takes cognisance of the policy and aims of the anti-money laundering (AML) policy as enacted in Nigeria. It also takes as valid the assumption that the effective application of the rule of law will improve the efficacy of the Nigerian regime. In this regard, the perspective is internal to the Nigerian regime and its internal policy discourse which also reflect its policy discourse at international level. This paper takes notice of the typology of money laundering (ML) offences that most affect Nigeria, which hinges on corruption and abuse of office by a specific type of person, politically exposed persons (PEP). This typology of money laundering offence appears to be the most prevalent in developing nations like Nigeria. The application of essential principles of law provides an opportunity for the internalisation of the rule of law in the anti-money laundering regime in Nigeria, which could aid the successful prosecution of politically exposed persons on money laundering offences. The rule of law and how well the Nigerian legal system manages to deal with the interface between high level politics and the criminal justice system in Nigeria cannot be understood from internal sources but must be developed as a genuine but critical account informed by perspectives external to the Nigerian regime. If the efficacy of the regime is to be assessed in view of notorious failures of the regime, an external assessment is needed. Hence the paper discusses the need to integrate the essential principles of law in the application of prosecutorial discretion in the anti-money laundering regime in Nigeria, particularly with politically exposed persons. The paper highlights jurisdiction where prosecutorial discretion is integrated into the anti-money laundering regime in accordance to the rule of law which forms a basis for comparative analysis of the success of the anti-money laundering regime in Nigeria. This paper discusses why the application of prosecutorial discretion should not be used as a tool to extricate or avail the rich and powerful in the society from justice. The paper aims to argue that the successful prosecution of politically exposed persons, will raise the confidence of the citizens and the international community in the anti-money laundering regime in Nigeria.

Keywords: money laundering, politically exposed persons, corruption, Nigeria

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Authors: Annis Lai Chu Fung

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This study is to fill up a research gap on examining the differences in normative beliefs (namely acceptance of weaknesses, acceptance of provoked aggression, and acceptance of unprovoked aggression) among different subtypes of aggressors and non-aggressors (reactive aggressors, proactive aggressors, reactive-proactive aggressors, and non-aggressors,). 2,236 students (1,372 males and 864 females), aged from 11 to 18, completed a self-reported questionnaire. Results revealed that (a) schoolchildren with reactive-proactive aggression have the highest acceptance of provoked aggression, the highest acceptance of unprovoked aggression, and the lowest acceptance of weakness; (b) schoolchildren with proactive aggression have higher acceptance of unprovoked aggression and lower acceptance of weakness than reactive aggressors; and (c) schoolchildren without aggression have the lowest acceptance of provoked aggression, the lowest acceptance of unprovoked aggression, and the highest acceptance of weakness.

Keywords: normative belief, schoolchildren, reactive, proactive, aggression

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Authors: Chu Chen, Giorgio Gotti, Tony Kang, Michael Wolfe

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This study examines the role of codes of ethics in reducing the extent to which managers’ act opportunistically in reporting earnings. Corporate codes of ethics, by clarifying the boundaries of ethical corporate behaviors and making relevant social norms more salient, have the potential to deter managers from engaging in opportunistic financial reporting practices. In a sample of international companies, we find that the quality of corporate codes of ethics is associated with higher earnings quality, i.e., lower discretionary accruals. Our results are confirmed for a subsample of firms more likely to be engaging in opportunistic reporting behavior, i.e., firms that just meet or beat analysts’ forecasts. Further, codes of ethics play a greater role in reducing earnings management for firms in countries with weaker investor protection mechanisms. Our results suggest that corporate codes of ethics can be a viable alternative to country-level investor protection mechanisms in curbing aggressive reporting behaviors.

Keywords: corporate ethics policy, code of ethics, business ethics, earnings discretion, accruals

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Authors: Karlijn Van Den Broek, Ian Walker, Christian Klöckner

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Campaigns aiming to induce energy-saving behaviour among householders use a wide range of approaches that address many different drivers thought to underpin this behaviour. However, little research has compared the relative importance of the different factors that influence energy behaviour, meaning campaigns are not informed about where best to focus resources. Therefore, this study applies the Comprehensive Action Determination Model (CADM) to compare the role of normative, intentional, habitual, and situational processes on energy-saving behaviour. An online survey on a sample of households (N = 247) measured the CADM variables and the data was analysed using structural equation modelling. Results showed that situational and habitual processes were best able to account for energy saving behaviour while normative and intentional processes had little predictive power. These findings suggest that policymakers should move away from motivating householders to save energy and should instead focus their efforts on changing energy habits and creating environments that facilitate energy saving behaviour. These findings add to the wider development in social and environmental psychology that emphasizes the importance of extra-personal variables such as the physical environment in shaping behaviour.

Keywords: energy consumption, behavioural modelling, environmental psychology theory, habits, values

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Authors: Paula C. Ferreira, Ana Margarida Veiga Simão, Nádia Pereira, Aristides Ferreira, Alexandra Marques Pinto, Alexandra Barros, Vitor Martinho

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Cyberbullying is a phenomenon of worldwide concern regarding children and adolescents’ mental health and risk behavior. Bystanders of this phenomenon can help diminish the incidence of this phenomenon if they engage in pro-social behavior. However, different social-cognitive and affective bystander reactions may surface because of the lack of contextual information and emotional cues in cyberbullying situations. Hence, this study investigated how cyberbullying bystanders’ unpleasant emotions could be related to their personal moral beliefs and their behavioral intentions to cyberbully or defend the victim. It also proposed to investigate how their normative beliefs of perceived severity about cyberbullying behavior could be related to their personal moral beliefs and their behavioral intentions. Three groups of adolescents participated in this study, namely a first of group 402 students (5th – 12th graders; Mage = 13.12; SD = 2.19; 55.7% girls) to compute explorative factorial analyses of the instruments used; a second group of 676 students (5th – 12th graders; Mage = 14.10; SD = 2.74; 55.5% were boys) to run confirmatory factor analyses; and a third group (N = 397; 5th – 12th graders; Mage = 13.88 years; SD = 1.45; 55.5% girls) to perform the main analyses to test the research hypotheses. Self-report measures were used, such as the Personal moral beliefs about cyberbullying behavior questionnaire, the Normative beliefs of perceived severity about cyberbullying behavior questionnaire, the Unpleasant emotions about cyberbullying incidents questionnaires, and the Bystanders’ behavioral intentions in cyberbullying situations questionnaires. Path analysis results revealed that unpleasant emotions were mediators of the relationship between adolescent cyberbullying bystanders’ personal moral beliefs and their intentions to help the victims in cyberbullying situations. Moreover, adolescent cyberbullying bystanders’ normative beliefs of gravity were mediators of the relationship between their personal moral beliefs and their intentions to cyberbully others. These findings provide insights for the development of prevention and intervention programs that promote social and emotional learning strategies as a means to prevent and intervene in cyberbullying.

Keywords: cyberbullying, normative beliefs of perceived severity, personal moral beliefs, unpleasant emotions

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Authors: Chukwuemeka Castro Nwabuzor

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The 2015 Administration of Criminal Justice Act in Nigeria clearly sets out conditions for bail for felonies, lesser offenses and capital offenses. Even where the conditions for bail are met, granting an application for bail is not automatic as it is subject to the discretion of the court. Where the court, however, grants bail to an accused, the detaining authority which usually is the executive arm of government is bound to comply with the order of the court. This paper discusses the constitutionality of the continued detention of criminal suspects in disobedience to an order of the court and in the absence of an appeal. Particularly, the paper looks at the rights to personal liberty, the dignity of the human person and also the presumption of innocence which remains one of the crucial pillars of our criminal jurisprudence. The paper analyses the reasons posed by the executive for the continued detention of a suspect including State security and security of the suspect and questions whether the reasons are reasonable justifiable in a constitutional democratic society and whether they breach the principles of separation of powers. The paper concludes that the continued detention criminal of suspects in disobedience to court orders constitutes contempt of court and dishonours the principles of separation of powers enshrined in the Nigerian Constitution. This paper makes a strong case for the donation of more enforceable powers to the judiciary particularly with regards to the granting of compensation orders against the executive and ensuring compliance by the executive to bail orders.

Keywords: breach of fundamental rights, contempt of court, discretion of court, right to bail, separation of powers

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Authors: Sharon Truter, Ann B. Shuttleworth-Edwards

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South Africa is a developing country with significant diversity in languages spoken and quality of education available, creating challenges for fair and accurate neuropsychological assessments when most available neuropsychological tests are obtained from English-speaking developed countries. The aim of this research was to compare normative data on a spectrum of commonly used neuropsychological tests for English- and Afrikaans-speaking South Africans with relatively high quality of education and South Africans with relatively low quality of education who speak Afrikaans, Sesotho, Setswana, Sepedi, Tsonga, Venda, Xhosa or Zulu. The participants were all healthy adults aged 18-60 years, with 8-12 years of education. All the participants were tested in their first language on the following tests: two non-verbal tests (Rey Osterrieth Complex Figure Test and Bell Cancellation Test), four verbal fluency tests (category, phonemic, verb and 'any words'), one verbal learning test (Rey Auditory Verbal Leaning Test) and three tests that have a verbal component (Trail Making Test A & B; Symbol Digit Modalities Test and Digit Span). Descriptive comparisons of mean scores and standard deviations across the language groups and between the groups with relatively high versus low quality of education highlight the importance of using normative data that takes into account language and quality of education.

Keywords: cross-cultural, language, multi-lingual, neuropsychological testing, quality of education

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Authors: Tzuli Lin

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This paper aims to explore that the EU and Member State (UK) converges on cultural diplomacy to constitute an influential European external relations. It will address the development of EU cultural diplomacy and practice at Member state level. It also discusses the EU and Member States suffering in cultural resource overlapped. In contrast to the literature on the EU external relations, studies of the cultural dimension are rare. Thus, this paper will utilise the broad policy papers to explore how the cultural diversity among the Member States and the EU has a constructive progress at European level but not at Member State level. It can be argued that cultural component is the pivotal strategy for the stagnated EU external relations since the Euro crisis. The EU recognises that if it wants to promote the trade relations from the inside of Europe to outside, it requires the broad culture context among its traditional diplomacy, which brings the cultural component into a significant role. Even though in the area of Member State level, they share the fundamental value and idea, it does not elaborate Member States regarding the EU as a representative of European cultural diplomacy. In theory and practice, the discourse of Normative Power Europe (NPE) can be the analytic framework to construct the research of cultural diplomacy in Europe. NPE is an idea of the EU’s global role and spreading its norms to others. Moreover, Member States’ national interest has supreme priority rather than the EU. Therefore, this paper will utilise the UK as a case study to explore that cultural diplomacy shows fragmentation at European level. In the result, this paper will illustrate that the EU and the UK have mutual recognised each other as a partner not a leader.

Keywords: EU cultural diplomacy, cultural policy, cultural diversity, normative power

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Authors: David Schafer

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Critical Theory is in sore need of a workable account of technology. It had one in the writings of Herbert Marcuse, or so it seemed until Jürgen Habermas mounted a critique in 'Technology and Science as Ideology' (Habermas, 1970) that decisively put it away. Ever since Marcuse’s work has been regarded outdated – a 'philosophy of consciousness' no longer seriously tenable. But with Marcuse’s view has gone the important insight that technology is no norm-free system (as Habermas portrays it) but can be laden with social bias. Andrew Feenberg is among a few serious scholars who have perceived this problem in post-Habermasian critical theory and has sought to revive a basically Marcusean account of technology. On his view, while so-called ‘technical elements’ that physically make up technologies are neutral with regard to social interests, there is a sense in which we may speak of a normative grammar or ‘technical code’ built-in to technology that can be socially biased in favor of certain groups over others (Feenberg, 2002). According to Feenberg, those perspectives on technology are reified which consider technology only by their technical elements to the neglect of their technical codes. Nevertheless, Feenberg’s account fails to explain what is normatively problematic with such reified views of technology. His plausible claim that they represent false perspectives on technology by itself does not explain how such views may be oppressive, even though Feenberg surely wants to be doing that stronger level of normative theorizing. Perceiving this deficit in his own account of reification, he tries to adopt Habermas’s version of systems-theory to ground his own critical theory of technology (Feenberg, 1999). But this is a curious move in light of Feenberg’s own legitimate critiques of Habermas’s portrayals of technology as reified or ‘norm-free.’ This paper argues that a better foundation may be found in Axel Honneth’s recent text, Freedom’s Right (Honneth, 2014). Though Honneth there says little explicitly about technology, he offers an implicit account of reification formulated in opposition to Habermas’s systems-theoretic approach. On this ‘normative functionalist’ account of reification, social spheres are reified when participants prioritize individualist ideals of freedom (moral and legal freedom) to the neglect of an intersubjective form of freedom-through-recognition that Honneth calls ‘social freedom.’ Such misprioritization is ultimately problematic because it is unsustainable: individual freedom is philosophically and institutionally dependent upon social freedom. The main difficulty in adopting Honneth’s social theory for the purposes of a theory of technology, however, is that the notion of social freedom is predicable only of social institutions, whereas it appears difficult to conceive of technology as an institution. Nevertheless, in light of Feenberg’s work, the idea that technology includes within itself a normative grammar (technical code) takes on much plausibility. To the extent that this normative grammar may be understood by the category of social freedom, Honneth’s dialectical account of the relationship between individual and social forms of freedom provides a more solid basis from which to ground the normative claims of Feenberg’s sociological account of technology than Habermas’s systems theory.

Keywords: Habermas, Honneth, technology, Feenberg

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Authors: Ronel Solis, Leonardo Collado

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Migration law in the Republic of Panama has been regulated mainly by the executive branch. This has created a crisis not only institutional but also social because the evolution of these norms has rested greatly from the discretion of the government in office. This has created instability in immigration regulation and more now, with the migration crisis of which Panama is also part. Different migration policies have been established. The most recent is that of the controlled migration flow, in which, for humanitarian reasons, migrants move from the border with Colombia to the border with Costa Rica. Unfortunately, such control is not enough, and in some cases, unprotected migrants have been confined for months, their passports have been withheld, and no recognition of their rights is offered. The Inter-American Court of Human Rights has condemned Panama for the unfair detention of an irregular migrant, who was detained for two years in Panamanian prisons, without having committed a crime and without accessing a just defense. This is the case Vélez Loor vs. the Republic of Panama. Uncontrollable migration has been putting pressure on Panamanian public health services. The recent denunciation of HIV-related NGOs that warns that there are hundreds of foreigners who receive expensive antiretroviral therapy in Panama is serious, and several of them are irregular migrants. On the other hand, there are no border control posts with the Republic of Colombia, because it is a jungle area and migrants are exposed to arms and drug trafficking, and unfortunately, also to prostitution. Government entities such as the border police service have provided humanitarian support to migrants on the border with Colombia, although it is not their administrative function, and various entities discuss who should address this crisis. However, few economic resources are allocated by the government to solve this problem, especially with the recent mass migration of Venezuelans who have fled their country. The establishment of a migratory normative code is necessary to establish uniformity in the recognition and application of migratory rights. In this way, dependence on the changing migration policies of the different Panamanian governments would be eliminated, and the rights of migrants and nationals would be guaranteed.

Keywords: executive branch, irregular migration, migration code, Republic of Panama

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Authors: Salam Kodsi

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In this research, we sought to focus on constructive play and examine its components in the context of two different educational approaches: Waldorf and normative schools. When they are free to choose, construction is one of the forms of play most favored by children. Its short-term and long-term cognitive contributions are apparent in various areas of development. The lack of empirical studies about play in Waldorf schools, which addresses the possibility of this incidental learning inspired the need to enrich the body of existing knowledge. 90 children (4-6 yrs.old) four preschools ( two normative, two Waldorf) participated in a small homogeneous city. Naturalistic observations documented the time frame, physical space, and construction materials related to the freeform building; processes of construction among focal representative children and its products. The study’s main finding with respect to the construction output points to a connection between educational approach and level of construction sophistication. Higher levels of sophistication were found at the Waldorf preschools than at the mainstream preschools. This finding emerged due to the differences in the level of sophistication among the older children in the two types of preschools, while practically no differences emerged among the younger children. Discussion of the research findings considered the differences between the play environments in terms of time, physical space, and construction materials. The construction processes were characterized according to the design model stages. The construction output was characterized according to the sophistication scale dimensions and the connections between approach, age and gender, and sophistication level.

Keywords: constructive play, preschool, design process model, complexity

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Authors: L. M. Hayyan ul Haq, Lalu Sabardi

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This research is aimed at exploring an appropriate regulatory model in coherencing a diametrical interest between the state, Adat legal community, and private interests in utilising and optimizing land in Indonesia. This work is also highly relevant to coherencing the obligation of the state to respect, to fulfill and to protect the fundamental rights of people, especially to protect the communal or adat community rights to the land. In visualizing those ideas, this research will use the normative legal research to elaborate the normative problem in land use, as well as redesigning and creating an appropriate regulatory model in bridging and protecting all interest parties, especially, the state, Adat legal community, and private parties. In addition, it will also employ an empirical legal research for identifying some operational problems in protecting and optimising the land. In detail, this research will not only identify the problems at the normative level, such as conflicted norms, the absence of the norms, and the unclear norm in land law, but also the problems at operational level, such as institutional relationship in managing the land use. At the end, this work offers an appropriate regulatory model at the systems level, which covers value and norms in land use, as well as the appropriate mechanism in managing the utilization of the land for the state, Adat legal community, and private sector. By manifesting this objective, the government will not only fulfill its obligation to regulate the land for people and private, but also to protect the fundamental rights of people, as mandated by the Indonesian 1945 Constitution.

Keywords: adat community rights, fundamental rights, investment, land law, private sector

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Authors: Anne Jane M. Hallasgo

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This study assessed the level of job satisfaction and organizational commitment among job order personnel at the Overseas Workers Welfare Administration (OWWA) Regional Welfare Office Caraga. The primary objective of the study was to determine a correlation between the employees’ level of organizational commitment, job satisfaction, and their work performance. A carefully selected sample of twenty-five job orders from the OWWA Regional Welfare Office Caraga participated in the study. These individuals were chosen to represent the organization’s job order workforce. For accuracy and dependability, various types of statistical methods and instruments were employed, including advanced statistical tests like the independent sample T-test, one-way analysis of variance (ANOVA), and Spearman's rank correlation coefficient, as well as descriptive statistics like mean, frequency, and percentage. The study found an acceptable level of job satisfaction regarding work performance. It revealed a significant relationship between affective commitment and job satisfaction concerning leadership and coworkers. A correlation was observed between normative commitment and work performance. The findings suggest that organizations emphasizing positive leadership, fostering supportive coworker relationships, aligning with employee values, and promoting a culture of commitment are likely to enhance both affective and normative commitment, thereby improving overall employee satisfaction. The study recommends designing and implementing a holistic employee well-being program that addresses physical, mental, and emotional health contributing to increased job satisfaction and organizational commitment, creating a healthier and engaged workforce. This research contributes to the understanding of the dynamics of organizational commitment and job satisfaction among job order employees in the public sector.

Keywords: affective commitment, continuous commitment, normative commitment, job satisfaction

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Authors: Guenther Schuh, Michael Riesener, Frederic Diels

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Nowadays, manufacturing companies are faced with the challenge of meeting heterogeneous customer requirements in short product life cycles with a variety of product functions. So far, some of the functional requirements remain unknown until late stages of the product development. A way to handle these uncertainties is the highly iterative product development (HIP) approach. By structuring the development project as a highly iterative process, this method provides customer oriented and marketable products. There are first approaches for combined, hybrid models comprising deterministic-normative methods like the Stage-Gate process and empirical-adaptive development methods like SCRUM on a project management level. However, almost unconsidered is the question, which development scopes can preferably be realized with either empirical-adaptive or deterministic-normative approaches. In this context, a development scope constitutes a self-contained section of the overall development objective. Therefore, this paper focuses on a methodology that deals with the uncertainty of requirements within the early development stages and the corresponding selection of the most appropriate development approach. For this purpose, internal influencing factors like a company’s technology ability, the prototype manufacturability and the potential solution space as well as external factors like the market accuracy, relevance and volatility will be analyzed and combined into an Agile-Indicator. The Agile-Indicator is derived in three steps. First of all, it is necessary to rate each internal and external factor in terms of the importance for the overall development task. Secondly, each requirement has to be evaluated for every single internal and external factor appropriate to their suitability for empirical-adaptive development. Finally, the total sums of internal and external side are composed in the Agile-Indicator. Thus, the Agile-Indicator constitutes a company-specific and application-related criterion, on which the allocation of empirical-adaptive and deterministic-normative development scopes can be made. In a last step, this indicator will be used for a specific clustering of development scopes by application of the fuzzy c-means (FCM) clustering algorithm. The FCM-method determines sub-clusters within functional clusters based on the empirical-adaptive environmental impact of the Agile-Indicator. By means of the methodology presented in this paper, it is possible to classify requirements, which are uncertainly carried out by the market, into empirical-adaptive or deterministic-normative development scopes.

Keywords: agile, highly iterative development, agile-indicator, product development

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Authors: Marleen Onwezen

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It is often assumed that specific consumer groups do or do not have a sustainable lifestyle or that a specific context does or does not trigger sustainable choices. Based on goal-framing theory, this article aims to understand variation in sustainable choices across contexts. We add to the literature by showing the added value of including a moral goal frame (Study 1; N = 1,100) beyond the hedonic, gain, and normative goal frames. Moreover, we add to the literature by revealing how these goal frames are recalled in real-life consumption contexts (Study 2; N = 1,100) and how they can be activated (Study 3; N = 1,651). The results reveal that different goal frames result in different preferences and consumption choices, and that the normative frames showed the most consistent association with sustainable intentions. A contrast exists between frames currently activated in food choice contexts, mainly the gain and hedonic frames, and those associated with sustainable behaviours, the moral and social frames. This indicates the relevance of further understanding and adapting the environment to activate moral and social frames to further enforce sustainable food transitions.

Keywords: goal frames, sustainable behaviour, food choice, moral

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Authors: Onabajo Paul

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The testing and assessment of physical fitness of school-aged adolescents in Nigeria has been going on for several decades. Originally, these tests strictly focused on identifying health and physical fitness status and comparing the results of adolescents with others. There is a considerable interest in health and performance fitness of adolescents in which results attained are compared with criteria representing positive health rather than simply on score comparisons with others. Despite the fact that physical education program is being studied in secondary schools and physical activities are encouraged, it is observed that regular assessment of students’ fitness level and health status seems to be scarce or not being done in these schools. The purpose of the study was to assess the heath and performance fitness of adolescents in middle-income schools in Lagos State. A total number of 150 students were selected using the simple random sampling technique. Participants were measured on hand grip strength, sit-up, pacer 20 meter shuttle run, standing long jump, weight and height. The data collected were analyzed with descriptive statistics of means, standard deviations, and range and compared with fitness norms. It was concluded that majority 111(74.0%) of the adolescents achieved the healthy fitness zone, 33(22.0%) were very lean, and 6(4.0%) needed improvement according to the normative standard of Body Mass Index test. For muscular strength, majority 78(52.0%) were weak, 66(44.0%) were normal, and 6(4.0%) were strong according to the normative standard of hand-grip strength test. For aerobic capacity fitness, majority 93(62.0%) needed improvement and were at health risk, 36(24.0%) achieved healthy fitness zone, and 21(14.0%) needed improvement according to the normative standard of PACER test. Majority 48(32.0%) of the participants had good hip flexibility, 38(25.3%) had fair status, 27(18.0%) needed improvement, 24(16.0%) had very good hip flexibility status, and 13(8.7%) of the participants had excellent status. Majority 61(40.7%) had average muscular endurance status, 30(20.0%) had poor status, 29(18.3%) had good status, 28(18.7%) had fair muscular endurance status, and 2(1.3%) of the participants had excellent status according to the normative standard of sit-up test. Majority 52(34.7%) had low jump ability fitness, 47(31.3%) had marginal fitness, 31(20.7%) had good fitness, and 20(13.3%) had high performance fitness according to the normative standard of standing long jump test. Based on the findings, it was concluded that majority of the adolescents had better Body Mass Index status, and performed well in both hip flexibility and muscular endurance tests. Whereas majority of the adolescents performed poorly in aerobic capacity test, muscular strength and jump ability test. It was recommended that to enhance wellness, adolescents should be involved in physical activities and recreation lasting 30 minutes three times a week. Schools should engage in fitness program for students on regular basis at both senior and junior classes so as to develop good cardio-respiratory, muscular fitness and improve overall health of the students.

Keywords: adolescents, health-related fitness, performance-related fitness, physical fitness

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Authors: Robin C. Ladwig

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Diversity Management, as a substantial element of Human Resource Management, aims to secure the economic benefit that assumingly comes with a diverse workforce. Consequently, diversity managers focus on the protection of employees and securing equality measurements to assure organisational gender diversity. Gender diversity as one aspect of Diversity Management seems to adhere to gender binarism and cis-normativity. Workplaces are gendered spaces which are echoing the binary gender-normativity presented in Diversity Management, sold under the label of gender diversity. While the expectation of Diversity Management implies the inclusion of a multiplicity of marginalised groups, such as trans and gender diverse people, in current literature and practice, the reality is curated by gender binarism and cis-normativity. The qualitative multi-method research showed a lack of knowledge about trans and gender diverse matters within the profession of Diversity Management and Human Resources. The semi-structured interviews with trans and gender diverse individuals from various backgrounds and occupations in Australia exposed missing considerations of trans and gender diverse experiences in the inclusivity and gender equity of various workplaces. Even if practitioners consider trans and gender diverse matters under gender diversity, the practical execution is limited to gender binary structures and cis-normative actions as the photo-elicit questionnaire with diversity managers, human resource officers, and personnel management demonstrates. Diversity Management should approach a broader source of informed practice by extending their business focus to the knowledge of humanity studies. Humanity studies could include diversity, queer, or gender studies to increase the inclusivity of marginalised groups such as trans and gender diverse employees and people. Furthermore, the definition of gender diversity should be extended beyond the gender binary and cis-normative experience. People may lose trust in Diversity Management as a supportive ally of marginalised employees if the understanding of inclusivity is limited to a gender binary and cis-normativity value system that misrepresents the richness of gender diversity.

Keywords: cis-normativity, diversity management, gender binarism, trans and gender diversity

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Authors: Suci Lestari Yuana, Shofi Fatihatun Sholihah, Derarika Ensta Jesse

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Textile is one of buyer-driven industry which rely on label trust from the consumers. Most of textile manufacturers produce textile and textile products based on consumer demands. The company’s policy is highly depend on the dynamic evolution of consumers behavior. Recently, ecofriendly has become one of the most important factor of western consumers to purchase the textile and textile product (TPT) from the company. In that sense, companies from developing countries are encouraged to follow western consumers values. Some examples of ecolabel certificate are ISO (International Standard Organisation), Lembaga Ekolabel Indonesia (Indonesian Ecolabel Instution) and Global Ecolabel Network (GEN). The submission of national company to international standard raised a critical question whether this is a reflection towards the legitimation of global norms into national policy or it is actually a practical strategy of the company to gain global consumer. By observing one of the prominent textile company in Indonesia, this research is aimed to discuss what kind of impetus factors that cause a company to use ecolabel and what is the meaning behind it. Whether it comes from normative power or the strategy of the company. This is a qualitative research that choose a company in Sukoharjo, Central Java, Indonesia as a case study in explaining the pratice of ecolabelling by textitle company. Some deep interview is conducted with the company in order to get to know the ecolabelling process. In addition, this research also collected some document which related to company’s ecolabelling process and its impact to company’s value. The finding of the project reflected issues that concerned several issues: (1) role of media as consumer information (2) role of government and non-government actors as normative agency (3) role of company in social responsibility (4) the ecofriendly consciousness as a value of the company. As we know that environmental norms that has been admitted internationally has changed the global industrial process. This environmental norms also pushed the companies around the world, especially the company in Sukoharjo, Central Java, Indonesia to follow the norm. The neglection toward the global norms will remained the company in isolated and unsustained market that will harm the continuity of the company. So, in buyer-driven industry, the characteristic of company-consumer relations has brought a fast dynamic evolution of norms and values. The creation of global norms and values is circulated by passing national territories or identities.

Keywords: ecolabeling, waste management, CSR, normative power

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