Search results for: professional judges
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 1929

Search results for: professional judges

1929 The Interaction of Lay Judges and Professional Judges in French, German and British Labour Courts

Authors: Susan Corby, Pete Burgess, Armin Hoeland, Helene Michel, Laurent Willemez

Abstract:

In German 1st instance labour courts, lay judges always sit with a professional judge and in British and French 1st instance labour courts, lay judges sometimes sit with a professional judge. The lay judges’ main contribution is their workplace knowledge, but they act in a juridical setting where legal norms prevail. Accordingly, the research question is: does the professional judge dominate the lay judges? The research, funded by the Hans-Böckler-Stiftung, is based on over 200 qualitative interviews conducted in France, Germany and Great Britain in 2016-17 with lay and professional judges. Each interview lasted an hour on average, was audio-recorded, transcribed and then analysed using MaxQDA. Status theories, which argue that external sources of (perceived) status are imported into the court, and complementary notions of informational advantage suggest professional judges might exercise domination and control. Furthermore, previous empirical research on British and German labour courts, now some 30 years old, found that professional judges dominated. More recent research on lay judges and professional judges in criminal courts also found professional judge domination. Our findings, however, are more nuanced and distinguish between the hearing and deliberations, and also between the attitudes of judges in the three countries. First, in Germany and Great Britain the professional judge has specialist knowledge and expertise in labour law. In contrast, French professional judges do not study employment law and may only seldom adjudicate on employment law cases. Second, although the professional judge chairs and controls the hearing when he/she sits with lay judges in all three countries, exceptionally in Great Britain lay judges have some latent power as they have to take notes systematically due to the lack of recording technology. Such notes can be material if a party complains of bias, or if there is an appeal. Third, as to labour court deliberations: in France, the professional judge alone determines the outcome of the case, but only if the lay judges have been unable to agree at a previous hearing, which only occurs in 20% of cases. In Great Britain and Germany, although the two lay judges and the professional judge have equal votes, the contribution of British lay judges’ workplace knowledge is less important than that of their German counterparts. British lay judges essentially only sit on discrimination cases where the law, the purview of the professional judge, is complex. They do not sit routinely on unfair dismissal cases where workplace practices are often a key factor in the decision. Also, British professional judges are less reliant on their lay judges than German professional judges. Whereas the latter are career judges, the former only become professional judges after having had several years’ experience in the law and many know, albeit indirectly through their clients, about a wide range of workplace practices. In conclusion, whether or if the professional judge dominates lay judges in labour courts varies by country, although this is mediated by the attitudes of the interactionists.

Keywords: cross-national comparisons, labour courts, professional judges, lay judges

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1928 The Emerging Global Judicial Ethics: Issues and Problems

Authors: Caroline Foulquier-Expert

Abstract:

In many states around the world, actions to improve judicial ethics are developing significantly through the production of professional standards for judges. The quest to improve the ethics of judges is legitimate. However, as this development tends to be very important at the moment, some risks it presents must be highlighted. Indeed, if the objective of improving Judges’ Ethics is legitimate, it can also lead to banalization of justice, reinforcement of criticism against the judiciary and to broach incidentally the question of the limits of judgment, which is most perilous for the independence of the judiciary. This research, based on case studies, interviews with judges and an analysis of the literature on this topic (mainly from the United States of America and European Union Member States), tends to draw attention to the fact that the result of the development of these professional standards is that the ethical requirements of judges become ethical requirements of justice, which is an undesirable effect of which we must be aware, in order to prevent it.

Keywords: judicial ethics, codes of conduct, independence, limits of judgment

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1927 The Influence of Immunity on the Behavior and Dignity of Judges

Authors: D. Avnieli

Abstract:

Immunity of judges from liability represents a departure from the principle that all are equal under the law, and that victims may be granted compensation from their offenders. The purpose of the study is to determine if judicial immunity coincides with the need to ensure the existence of highly independent and incorruptible judiciary. Judges are immune from civil and criminal liability for their judicial acts. Judicial immunity is justified by the need to maintain complete independence and discretion of the judiciary. Scholars and judges believe that absolute immunity is needed to shield judges from pressures, threats, or outside interference. It is commonly accepted, that judges should be free to perform their judicial role in accordance with their assessment of the fact and their understanding of the law, without any restrictions, influences, inducements or interferences. In most countries, immunity applies when judges act in excess of jurisdiction. In some countries, it applies even when they act maliciously or corruptly. The only exception to absolute immunity applicable in all judicial systems is when judges act without jurisdiction over the subject matter. The Israeli Supreme Court recently decided to embrace absolute immunity and strike off a lawsuit of a refugee, who was unlawfully incarcerated. The Court ruled that the plaintiff cannot sue the State or the judge for damages. The questions of malice, dignity, and public scrutiny were not discussed. This paper, based on comparative analysis of many cases, aims to determine if immunity affects the dignity and behavior of judges. It demonstrates that most judges maintain their dignity and ethical code of behavior, but sometimes do not hesitate to act consciously in excess of jurisdiction, and in rare cases even corruptly. Therefore, in order to maintain independent and incorruptible judiciary, immunity should not be applied where judges act consciously in excess of jurisdiction or with malicious incentives.

Keywords: incorruptible judiciary, immunity, independent, judicial, judges, jurisdiction

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1926 Judicial Personality: Observing the Acceptable Limits

Authors: Sonia Anand Knowlton

Abstract:

In many ways, judges can express their personality within and beyond their role as a judge. Judges can use their unique backgrounds and life experiences to inform their legal reasons and can also participate in certain extrajudicial activities outside of their role on the bench. For many judges, the line between the expression of this judicial personality, on the one hand, and the consequence of jeopardizing the public’s perception of their impartiality, on the other, is ambiguous if not wholly unclear. In the famous Canadian decision R v RDS, for instance, a Black judge who was hearing a case about police violence against a Black person was accused of being biased after she acknowledged that her community’s racial dynamics may have impacted the police’s conduct. Many within the legal community might find comfort in the belief that judges do not need to bring their ‘personality’ to the bench in order to uncover the law’s truths and impartially apply it. Indeed, and for a good reason, judges are often discouraged from allowing their personality to shine through in their role as a judge – because the expression of judicial personality can compromise the public perception of the impartiality of the administration of justice. This paper evaluates the theoretical constraints on the expression of judicial personality as a tool for legal decision-making and argues that judges from minority groups are held to a higher level of impartiality. Specifically, minority judges are disproportionately constrained from 1) using life experience to apply the law and 2) engaging in certain extrajudicial activities.

Keywords: judging, legal decision making, judicial personality, extrajudicial activities

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1925 Psychopathic Disorders and Judges Sentencing: Can Neurosciences Change this Aggravating Factor in a Mitigating Factor?

Authors: Kevin Moustapha

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Psychopathy is perceived today as being «the most important concept in the criminal justice system» and as «the most important legal notion of the early 21 th century». The explosion of research related to psychopathy seems to perfectly illustrate this trend. Traditionally, many studies tend to focus on links between insanity defense and psychopathy. That is why our purpose in this article is to analyze psychopathic disorders in the scope of judges sentencing in Canada. Indeed, in every Canadian case related to dangerous offenders, judges must balance between fairness and protection of the individuals rights of the accused and protection of society from dangerous predators who may commit future acts of physical or sexual violence. Increasingly, psychopathic disorders are taking an important part in judge sentencing, especially in Canada. This phenomenon can be illustrated by the high proportion of psychopath offenders incarcerated in North American prisons. Many decisions in Canadians courtrooms seem to point out that psychopathy is often used as a strong argument by the judges to preserve public safety. The fact that psychopathy is often associated with violence, recklessness and recidivism, it could explain why many judges consider psychopathic disorders as an aggravating factor. Generally, the judge reasoning is based on article 753 of Canadian Criminal Code related to dangerous offenders, which is used for individuals who show a pattern of repetitive and persistent aggressive behaviour. However, with cognitive neurosciences, the psychopath’s situation in courtrooms would probably change. Cerebral imaging and news data provided by the neurosciences show that emotional and volitional functions in psychopath’s brains are impaired. Understanding these new issues could enable some judges to recognize psychopathic disorders as a mitigating factor. Two important questions ought to be raised in this article: can exploring psychopaths ‘brains really change the judge sentencing in Canadian courtrooms? If yes, can judges consider psychopathy more as a mitigating factor than an aggravating factor?

Keywords: criminal law, judges sentencing, neurosciences, psychopathy

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1924 The Meaning of the Best Interests of the Child in Indonesia’s Rampant Phenomenon of Child Marriage

Authors: Elisabeth Sundari, Anny Retnowati

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This research aims to examine the meaning of 'the best interests of the child' in Indonesia's rampant phenomenon of child marriage. The methodology used empirical and normative legal research by examining the parent's reason and the judges' considerations in granting child marriage dispensation applications. It takes data samples from judges' decisions purposively in two courts that differ in geographical and religious backgrounds to see data variation. Namely, the District Court and Religious Court of Yogyakarta City, as well as Gunung Kidul Regency, in the last three years (2020-2022). It analyses the data qualitatively to explore how judges interpreted 'the best interests of the child' in their decision. The results show that judges granted 100% of all child marriage dispensation applications filed by parents. The three reasons parents gave for applying for dispensation were that they were ashamed of having a pregnant child without being married, followed religious teachings, and obtained legal status for the baby. The judges supported those reasons by granting the dispensation application. The external factor of the child itself influenced the meaning of 'The best interests of the child' in marrying off children in Indonesia, such as cultural taboos, religious teachings, and obtaining legal status for the baby, rather than internal factors of the child, such as the will to marry, the mental and psychological readiness of the child to become a mother, as well as a wife. This research contributes to the finding that external factors, such as local culture and religion, can influence the meaning of 'the best interests of the child.'

Keywords: interests, child, Indonesia, marriage

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1923 Another Justice: Litigation Masters in Chinese Legal Story

Authors: Lung-Lung Hu

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Ronald Dworkin offered a legal theory of ‘chain enterprise’ that all the judges in legal history altogether create a ‘law’ aiming a specific purpose. Those judges are like co-writers of a chain-story who not only create freely but also are constrained by the story made by the judges before them. The law created by Chinese traditional judges is another case, they, compared with the judges mentioned by Ronald Dworkin, have relatively narrower space of making a legal sentence according to their own discretions because the statutes in Chinese traditional law at the very beginning have been designed as panel code that leaves small room to judge’s discretion. Furthermore, because law is a representative of the authority of the government, i.e. the emperor, any misjudges and misuses deviated from the law will be considered as a challenge to the supreme power. However, different from judges as the defenders of law, Chinese litigation masters who want to win legal cases have to be offenders challenging the verdict that does not favor his or his client’s interest. Besides, litigation master as an illegal or non-authorized profession does not belong to any legal system, therefore, they are relatively freer to ‘create’ the law. According to Stanley Fish’s articles that question Ronald Dworkin and Owen Fiss’ ideas about law, he construes that, since law is made of language, law is open to interpretations that cannot be constrained by any rules or any particular legal purposes. Stanley Fish’s idea can also be applied on the analysis about the stories of Chinese litigation masters in traditional Chinese literature. These Chinese litigation masters’ legal opinions in the so-called chain enterprise are like an unexpected episode that tries to revise the fixed story told by law. Although they are not welcome to the officials and also to the society, their existence is still a phenomenon representing another version of justice different from the official’s and can be seen as a de-structural power to the government. Hence, in this present paper the language and strategy applied by Chinese litigation masters in Chinese legal stories will be analysed to see how they refute made legal judgments and challenge the official standard of justice.

Keywords: Chinese legal stories, interdisciplinary, litigation master, post-structuralism

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1922 Structuring Taiwanese Elementary School English Teachers' Professional Dialogue about Teaching and Learning through Protocols

Authors: Chin-Wen Chien

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Protocols are tools that help teachers inquire into the teaching and professional learning during the professional dialogue. This study focused on the integration of protocols into elementary school English teachers’ professional dialogue and discussed the influence of protocols on teachers’ teaching and learning. Based on the analysis of documents, observations, and interviews, this study concluded that with the introduction of protocols to elementary school English teachers, three major protocols were used during their professional dialogue. These protocols led the teachers to gain professional learning in content knowledge and pedagogical content knowledge. However, the facilitators’ lack of experience in using protocols led to interruptions during the professional dialogue. Suggestions for effective protocol-based professional dialogue are provided.

Keywords: protocols, professional learning, professional dialogue, classroom practice

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1921 The Jurisprudential Evolution of Corruption Offenses in Spain: Before and after the Economic Crisis

Authors: Marta Fernandez Cabrera

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The period of economic boom generated by the housing bubble created a climate of social indifference to the problem of corruption. This resulted in the persecution and conviction for these criminal offenses being low. After the economic recession, social awareness about the problem of corruption has increased. This has led to the Spanish citizenship requiring the public authorities to try to end the problem in the most effective way possible. In order to respond to the continuous social demands that require an exemplary punishment, the legislator has made changes in crimes against the public administration in the Spanish Criminal Code. However, from the point of view of criminal law, the social change has not served to modify only the law, but also the jurisprudence. After the recession, judges are punishing more severely these conducts than in the past. Before the crisis, it was usual for criminal judges to divert relevant behavior to other areas of the legal system such as administrative law and acquit in the criminal field. Criminal judges have considered that administrative law already has mechanisms that can effectively deal with this type of behavior in order to respect the principle of subsidiarity or ultima ratio. It has also been usual for criminal judges to acquit civil servants due to the absence of requirements unrelated to the applicable offense. For example, they have required an economic damage to the public administration when the offense in the criminal code does not require it. Nevertheless, for some years, these arguments have either partially disappeared or considerably transformed. Since 2010, a jurisprudential stream has been consolidated that aims to provide a more severe response to corruption than it had received until now. This change of opinion, together with greater prosecution of these behaviors by judges and prosecutors, has led to a significant increase in the number of individuals convicted of corruption crimes. This paper has two objectives. The first one is to show that even though judges apply the law impartially, they are flexible to social changes. The second one is to identify the erroneous arguments the courts have used up until now. To carry out the present paper, it has been done a detailed analysis of the judgments of the supreme court before and after the year 2010. Therefore, the jurisprudential analysis is complemented with the statistical data on corruption available.

Keywords: corruption, public administration, social perception, ultima ratio principle

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1920 The Relevance of the Generalist Judge’s Discretionary Limits in the Institutional Debate

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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1919 The Investigation on the Role of Colonial Judges in Protecting the Rights of Muslim Women to Dower and Divorce in British India: From the Period between 1800-1939

Authors: Sunil Tirkey

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The colonial court records between 1800 to 1939 in India show the existence of excessive dower, which were usually paid at the dissolution of marriage to discourage divorce. Supporting this view of excessive dower as a useful device, Mitra Sharafi (legal historian of modern South Asia) argues that inflated dower and divorce law protected Muslim women against instant divorce, making it too expensive for husbands to use it. Further, according to her, British judges enhanced women’s rights to dower and divorce by pronouncing rulings in favour of a high amount of dower to protect the women against the one-sided authority of men to divorce. Contrary to the view of Sharafi, this paper will argue that inflated dower did not protect the rights of women against instant divorce and undesirable marriage, and British judges did not really work to better the lives of Muslim women. To prove so, we shall firstly argue from the court cases that it was challenging for women to prove divorce on the husbands’ denial of divorce in order to avoid the payment of dower. Secondly, it was almost impossible for women to get rid of their undesirable marriage, as divorce was impartially dependent on their husbands. Thirdly, Muslim women were often deprived of their unpaid prompt dower due to the rigorous application of colonial law of limitation by British judges. Furthermore, the abolition of the office of Muslim legal experts from the colonial courts in 1864 deprived Muslim women not only to avail the interpretation of Islamic law but to benefit from the diversity and flexibility of Islamic law in obtaining their right to dower and divorce.

Keywords: courts, divorce, inflated dower, Islamic law, women’s rights

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1918 Degree in Translation and Years of Professional Experience: Predictors of Translation Quality

Authors: Mohsen Varzande

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Translators’ professional and academic characteristics may directly influence their translation quality. The present study aimed at investigating whether translators’ degree in translation and years of professional experience predict their translation quality. Following a causal-comparative study, a sample of one hundred professional translators was selected using purposive sampling method. The participants were divided into two groups each containing individuals with and without a degree in translation, respectively. The participants were asked to translate a paragraph to assess their translation quality. For data analysis, appropriate statistical procedures including correlation and regression were used. Results showed that both degree in translation and years of professional experience significantly predict translation quality. Also, the interaction of translators’ years of professional experience and degree in translation significantly affect their translation quality. An implication could be that besides providing translators with academic knowledge and theories, practical training in translation is necessary as a prerequisite for a competent translator.

Keywords: translation, degree in translation, translation quality, professional experience

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1917 Legal Interpretation of the Transplanted Law

Authors: Wahyu Kurniawan

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Indonesia developed the legal system radically since 1999. Several laws have been established and mostly the result of transplantation. Laws were made general but legal problems have been growing. In the legal enforcement, the judges have authority to interpret the laws. Authority and freedom are the source of corruption by the courts in Indonesia. Therefore, it should be built the conceptual framework to interpret the transplanted laws as the legal basis in deciding the cases. This article describes legal development based on interpretation of transplanted law in Indonesia by using the Indonesian Supervisory Commission for Business Competition (KPPU) decisions between 2000 and 2010 as the object of the research. The study was using law as a system theory and theories of legal interpretation especially the static and dynamic interpretations. The research showed that the KPPU interpreted the concept that exists in the Competition Law by using static and dynamic interpretation. Static interpretation was used to interpret the legal concepts based on two grounds, minute of meeting during law making process and the definitions that have been recognized in the Indonesian legal system. Dynamic interpretation was used when the KPPU developing the definition of the legal concepts. The general purpose of the law and the theories of the basis of the law were the conceptual framework in using dynamic interpretation. There are two recommendations in this article. Firstly, interpreting the laws by the judges should be based on the correct conceptual framework. Secondly, the technique of interpreting the laws would be the method of controlling the judges.

Keywords: legal interpretation, legal transplant, competition law, KPPU

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1916 Impact of a Professional Learning Community on the Continuous Professional Development of Teacher Educators in Myanmar

Authors: Moet Moet Myint lay

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Professional learning communities provide ongoing professional development for teachers, where they become learning leaders and actively participate in school improvement. The development of professional knowledge requires a significant focus on professional competence in the work of teachers, and a solid foundation of professional knowledge and skills is necessary for members of society to become intelligent members. Continuing professional development (CPD) plays a vital role in improving educational outcomes, as its importance has been proven over the years. This article explores the need for CPD for teachers in Myanmar and the utility of professional learning communities in improving teacher quality. This study aims to explore a comprehensive understanding of professional learning communities to support the continuing professional development of teacher educators in improving the quality of education. The research questions are: (1) How do teacher educators in Myanmar understand the concept of professional learning communities for continuing professional development? (2) What CPD training is required for all teachers in teachers' colleges? Quantitative research methods were used in this study. Survey data were collected from 50 participants (teacher trainers) from five educational institutions. The analysis shows that professional learning communities when done well, can have a lasting impact on teacher quality. Furthermore, the creation of professional learning communities is the best indicator of professional development in existing education systems. Some research suggests that teacher professional development is closely related to teacher professional skills and school improvement. As a result of the collective learning process, teachers gain a deeper understanding of the subject matter, increase their knowledge, and develop their professional teaching skills. This will help improve student performance and school quality in the future. The lack of clear understanding and knowledge about PLC among school leaders and leads teachers to believe that PLC activities are not beneficial. Lack of time, teacher accountability, leadership skills, and negative attitudes of participating teachers were the most frequently cited challenges in implementing PLCs. As a result of these findings, educators and stakeholders can use them to implement professional learning communities.

Keywords: professional learning communities, continuing professional development, teacher education, competence, school improvement

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1915 Independence of the Judiciary in South Africa: An Assessment After Twenty Years of Democracy

Authors: Serges Djoyou Kamga, Gerard Emmanuel Kamdem Kamga

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Any serious constitutionalism entails a system of government characterised by the separation of powers between the executive, the legislature, and the judiciary. The latter is generally in charge of upholding the rule of law and the respect for human rights which are vital for the functioning of any democracy. Therefore, for the judiciary to play its role as a watchdog, it should be independent from other branches of government. The aim of this paper is to examine the independence of the judiciary in South Africa after 20 of democracy. Defining judicial independence as the courts’ ability ‘to decide cases on the basis of established law and the merits of the case, without interference from other political or governmental agents’, the paper examines the extent to which the South African judiciary is independent after twenty years of democracy. As part of assessing the independence of the judiciary, the paper begins by looking at the situation during apartheid, then proceeds with an examination of the post-apartheid legal order. It also examines the institutional independence of the judiciary by looking into its day to day activities which revolve around its self-governance, or administrative and financial independence. In addition, the paper assesses the judges’ individual independence by examining whether judicial appointment, security of tenure, judges’ remuneration and disciplinary actions and the removal of judges from office do not contain loopholes that can hinder judicial independence. Ultimately, the chapter argues that although the South African model of judicial independence is yet to be perfect, it is a good practice that can be emulated by other African countries.

Keywords: judical independence, South Africa, democracy, separation of powers

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1914 Impact of Entrepreneurial Education on Entrepreneurial Success through Entrepreneurial Mindset, Professional Growth, and Innovation

Authors: Hummaira Qudsia Yousaf, Sidra Munawar

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The study aims to examine in which way entrepreneurial education and attitude affect the entrepreneur’s success with the help of an entrepreneurial mindset, professional growth, and innovation. The target population was the entrepreneurs of successful startups in Pakistan. Data was gathered through an e-questionnaire, and 230 responses were analyzed using the partial least square structural equation modeling (PLS-SEM). Resultantly, entrepreneurial education is an essential component for the development of an entrepreneurial mindset. Also, an entrepreneurial attitude is responsible for the entrepreneurial mindset, which enhances professional growth. Moreover, the study highlighted that innovation is as necessary as mindset and education are for entrepreneurs. Furthermore, the findings confirmed that professional growth brings innovation to the success of entrepreneurs. This study provides proof of how entrepreneurial education and attitude influence pupils’ success in making entrepreneurs. This study extends the scope of education by incorporating predictors, such as professional growth, innovation, and entrepreneurial success. The study is unique due to the usage of innovative techniques for professional growth that ultimately bring career success.

Keywords: entrepreneurial education, entrepreneurial attitude, entrepreneurial mindset, professional growth, entrepreneurial success, innovation

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1913 Qatari Licensure System: Giving Voice to Educators at Government-Funded Schools

Authors: Abdullah Abu-Tineh, Hissa Sadiq, Fatma Al-Mutawah, Youmen Chabaan

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The current study examined the experiences of educators in Qatar with the licensure process currently implemented at government schools. Using a survey study design, a total of 1,669 participants expressed their perceptions on the strengths and weaknesses of the licensure system, the professional standards, and the professional portfolio. Findings included participants’ beliefs on the importance of the licensure system in improving their performance, the necessity of using the professional standards as tools for professional growth and development, the importance of refining the professional portfolio for authenticity and reliability, and the inclusion of multiple sources of evidence, such as classroom observations, interviews, student learning outcomes, and surveys. Documenting teachers’ and school leaders’ voices was fundamental in finding ways to successfully drive future developments of the licensure system. The findings may also provide implications for other countries interested in developing or refining their own appraisal systems.

Keywords: licensure system, educator voice, professional standards, professional portfolio

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1912 Legal Responsibility of the External Auditor Qualitative Case Study of Libyan Environment

Authors: Bubaker F. Shareia

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The aim of this paper is to determine a general frame of the auditor's legal responsibilities in Libya which were implied in professional codes and rules, these codes and rules were concerned with the auditor's rights and duties in conducting his professional duties. This will provide a background for the Libyan accounting profession, and the challenges in tailoring Auditors to meet third party's needs. Being informed of the kinds of legal responsibilities which the external auditors could face during conducting their duties. The study is based on a literature review and archival research, reinforced by a qualitative case study comprised of interviews, questionnaire and a study of internal documents. To reach such an understanding, the researcher designed two questionnaires for collecting the data. One questionnaire was distributed among the certified public accountant firms in Libya and the second was distributed among a group of randomly selected lawyers and judges in the same country. Most auditors agreed upon the determination of their responsibilities toward the state and they emphasized that their responsibilities toward their clients were limited to the accepted standards of auditing. Moreover, all auditors who were surveyed emphasized that there has never been any juridical claims against them, and as a consequence they have never paid any legal fines. This study focuses on one country, which does limit its generalisability. However, it also suggests fruitful research areas in considering the impact and challenge of the historic factors in the accounting profession in emerging economies.

Keywords: accounting, external auditor, legal responsibilities, libyan accounting profession

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1911 The Information-Seeking Behaviour of Kuwaiti Judges (KJs)

Authors: Essam Mansour

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The key purpose of this study is to show information-seeking behaviour of Kuwaiti Judges (KJs). Being one of the few studies about the information needs and information-seeking behaviour conducted in Arab and developing countries, this study is a pioneer one among many studies conducted in information seeking, especially with this significant group of information users. The authors tried to investigate this seeking behavior in terms of KJs' thoughts, perceptions, motivations, techniques, preferences, tools and barriers met when seeking information. The authors employed a questionnaire, with a response rate 77.2 percent. This study showed that most of KJs were likely to be older, educated and with a work experience ranged from new to old experience. There is a statistically reliable significant difference between KJs' demographic characteristics and some sources of information, such as books, encyclopedias, references and mass media. KJs were using information moderately to make a decision, to be in line with current events, to collect statistics and to make a specific/general research. The office and home were the most frequent location KJs were accessing information from. KJs' efficiency level of the English language is described to be moderately good, and a little number of them confirmed that their efficiency level of French was not bad. The assistance provided by colleagues, followed by consultants, translators, sectaries and librarians were found to be most strong types of assistance needed when seeking information. Mobile apps, followed by PCs, information networks (the Internet) and information databases were the highest technology tool used by KJs. Printed materials, followed by non-printed and audiovisual materials were the most preferred information formats KJs use. The use of languages, the recency of information and the place of information, the deficit role of the library to deliver information were at least significant barriers to KJs when seeking information.

Keywords: information users, information-seeking behaviour, information needs, judges, Kuwait

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1910 Teacher Professional Development –Current Practices in a Secondary School in Brunei Darussalam

Authors: Shanthi Thomas

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This research paper presents the current practices of teacher professional development, perceived as beneficial by teachers themselves, in a private secondary school in Brunei Darussalam. This is part of the findings of a larger qualitative study on teacher empowerment, using ethnographic methods for data collection, i.e. participant observation, interviews and document analysis. The field work was carried out over a period of six months in 2013. An analysis of the field data revealed multiple pathways of teacher professional development existing in the school. The results indicate that school leaders, the teacher community in the school, students, and the teachers themselves were the agents in a school that facilitated teacher empowerment. Besides contributing to the knowledge base on teacher professional development, the results of this study provides directions for educational policy makers in their efforts to enhance professional development in secondary schools of similar characteristics. For school leaders and the teacher community, these findings offer guidelines for maximizing the opportunities for these professional development practices, by strengthening collegiality and by using the existing structures optimally for the benefit of all concerned.

Keywords: colleagues and the wider teacher community, school leaders, self-driven professional development, teacher professional development

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1909 Using Composite Flour in Bread Making: Cassava and Wheat Flour

Authors: Aishatu Ibrahim, Ijeoma Chinyere Ukonu

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The study set out to produce bread using composite cassava flour. The main objective of the work is to determine the possibility of using composite cassava flour in bread production and to find out whether it is acceptable in the hospitality industry and by the general public. The research questions were formed and analyzed. A sample size of 10 professional catering judges was used in the department of hospitality management/food science and technology. Relevant literature was received. Data collected was analyzed using mean deviation. Product A which is 20% cassava flour and 80% wheat flour product, and D which is 100% wheat flour product were competing with high acceptability. It was observed that the composite cassava dough needed to be allowed to proof for a longer period. Lastly, the researcher recommends that the caterers should be encouraged to use composite cassava flour in the production of bread in order to reduce cost.

Keywords: bread, cassava, flour, wheat

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1908 A Unique Professional Development of Teacher Educators: Teaching Colleagues

Authors: Naomi Weiner-Levy

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The Mofet Institute of Research, established a School of Professional Development, the only one of its kind in Israel and throughout the world. It offers specialized programs for teacher educators, providing them with the professional knowledge and skills. The studies aim at updating teachers about rapidly changing knowledge and skills. Teacher educators are conceptualized as shifting from first order practitioners (school teachers) to second order practitioners. Those who train teachers are referred to as third order practitioners. The instructors in the School of Professional Development are third-order practitioners – teacher educators specializing in teaching their colleagues. Collegial guidance by teachers’ college staff members is no simple task: Tutors must be expert in their field of specialization, as well as in instruction. Moreover, although colleagues, they have to position themselves within the group as authoritative figures in terms of instruction and knowledge. To date, the role and professional identity of these third-order practitioners, has not been studied. To understand the nature and development of professional identity, a qualitative study was conducted in which 12 tutors of various subjects were interviewed. These were analyzed by categorical content analysis. The findings, assessed professional identity through a post-modern prism, while examining the interplay among events that tutors experienced, the knowledge they acquired and the structuring of their professional identity. The Tutors’ identity transformed through negotiating with ‘self’ and ‘other’ in the class, and constructed by their mutual experiences as tutors and learners. Understanding the function and identity of tutors facilitates comprehension of this unique training process for teacher educators.

Keywords: professional development, professional identity, teacher education, tutoring

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1907 Case Study of Obstructive Sleep Apnea and Methods of Treatment for a Professional Driver

Authors: R. Pääkkönen, L. Korpinen, T. Kava, I. Salmi

Abstract:

This study evaluates obstructive sleep apnea treatment through a case study involving a 67-year-old male driver who had a successful continuous positive airway pressure (CPAP) treatment at home but experienced difficulties with traveling and dental care. There are many cheap sleep apnea and snoring devices available, but there is little professional advice on what kind of devices can help. Professional drivers receive yearly specialized medical care follow-up.

Keywords: sleep, apnea patient, CPAP, professional driver

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1906 A Study on Assertiveness, Stigmatization, Gender Role Beliefs and Attitudes toward Seeking Professional Psychological Help among Young Adults in South East Asian

Authors: Chee Kwan Foong, Foong Mei Kei

Abstract:

This study aimed to investigate the influence of self-stigma, perceived public stigma, assertiveness and gender role beliefs on attitudes toward seeking professional psychological help. Two hundred and fifty young adults from universities in Brunei were recruited through convenience sampling to complete a survey. Individuals facing higher stigmatisation (both self-stigma and public-stigma) had less positive attitude towards seeking professional psychological help. Individuals who were more assertive had more positive attitude towards seeking professional psychological help. For males, individuals with more traditional gender role belief showed less positive attitude towards seeking professional psychological help. For female, there was no relationship between gender role beliefs and attitude towards seeking professional psychological help. Results confirmed there was a significant mediating effect between public stigma and attitude toward seeking professional psychological help. This study could guide the mental-health professionals in promoting more positive help-seeking attitude and raise the awareness about mental challenges which could assist in reducing stigmatization, and therefore, gain a deeper understanding.

Keywords: assertiveness, attitude towards seeking professional psychological help, gender role beliefs, stigmatization

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1905 Current Judicial Discourse Regarding the Impact of Alcohol Use Disorders on Crime in Canada

Authors: Ellen McClure

Abstract:

It is generally well-known that a number of inmates suffer from some form of substance or alcohol use disorder. This study identifies, analyses, classifies and codifies the most recent Canadian criminal judgments involving an accused diagnosed with an alcohol use disorder specifically. From this research, patterns in judicial discourse and sentencing norms can be established, and these findings can be juxtaposed with existing relevant academic literature, particular attention will be given to this discussion at the sentencing stage, and the subsequent incarceration of those with alcohol use disorders. This topic will be explored with an overarching emphasis on the effects that a lack of conversation regarding a possible correlation between alcohol consumption and crime may have. Although comparisons may be made in order to clarify or highlight certain issues, particular attention will be paid to jurisdictions within Canada. This paper explores the existing judicial discourse in sentencing regarding the relationship between alcohol and crime, and how this might explain the higher incarceration rates of those suffering from alcohol use disorders in Canada. The research questions are as follows: (1) What are the existing judicial discourses in sentencing around the relationship between alcohol and crime? (2) To what extent has the current discourse on alcohol addiction among judges and legal academics contributed to the incarceration of alcoholics?The major findings of this research indicate a strong correlation between a lack of judicial discussion regarding the accused’s alcohol use disorder and an increased tendency to consider an alcohol use disorder as an aggravating factor. Furthermore, it was found that an 82% of judges who discussed the alcohol use disorder meaningfully referred to the disorder as a mitigating factor. This can be compared with 6.7% of judges who referred to the alcohol use disorder as a mitigating factor in cases where the disorder was not meaningfully discussed.

Keywords: alcohol use disorder, addiction, criminal justice, judicial discourse

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1904 Experts' Opinions of Considerations for Competition Landings in Gymnastics

Authors: Helmut Geiblinger

Abstract:

Dismounts performed by elite gymnasts during competition require great courage and virtuoso displays of precisely organized movements and skills. The dismount and landing leave the final impression in a routine and are often the key to a successful evaluation by the judges. Landings require precise body control and the skillful dissipation of substantial body momentum. The aim of this research study was to investigate landing techniques and strategies used by elite male gymnasts through the eyes of gymnastics experts. It drew from the accrued knowledge and experience of 21 male expert participants who were elite coaches, elite gymnasts, international judges or combinations of these. The experts made a number of subtle points, many of which are not in the extant literature. The experts highlighted concerns about safety and the study concluded that on-going monitoring of the rules on competition landings within the Code of Points would be beneficial to the sport.

Keywords: controlled competition landings, landing technique, landing strategies, optimal body segment coordination

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1903 Maximizing the Role of Companion Teachers for the Achievement of Professional Competencies and Pedagogics Workshop Activities of Teacher Professional Participants in the Faculty of Teaching and Education of Mulawarman University

Authors: Makrina Tindangen

Abstract:

The problems faced by participants of teacher profession program in Faculty of teaching and education Mulawarman University is professional and pedagogic competence. Professional competence related to the mastery of teaching materials, while pedagogic competence related with the ability to plan and to implement learning. Based on the problems, the purpose of the research is to maximize the role of companion teacher for the achievement of professional and pedagogic competencies in the workshop of the participants of teacher professional education in the Faculty of Teaching and Education of Mulawarman University. Qualitative research method with interview guidance and document to get in-depth data on how to maximize the role of companion teachers in the achievement of professional and pedagogic competencies in the workshop participants of professional education participants. Location of this research is on the Faculty of Teaching and Education of Mulawarman University, Samarinda City, East Kalimantan Province. Research respondents were 12 teachers of workshop facilitator. Descriptive data analysis is through interpretation of interview data. The conclusion of the research result, how to maximize the role of assistant teachers in workshop activities for the professional competence and pedagogic competence of professional teacher training program participants, through facilitation activities conducted by teachers of companion related to real problems faced by students in school, so that the workshop participants have professional competence and pedagogic as an initial competence before carrying out practical activities of field experience in school.

Keywords: companion teacher, professional and pedagogical competence, activities, workshop participants

Procedia PDF Downloads 155
1902 An Exploration on Competency-Based Curricula in Integrated Circuit Design

Authors: Chih Chin Yang, Chung Shan Sun

Abstract:

In this paper, the relationships between professional competences and school curricula in IC design industry are explored. The semi-structured questionnaire survey and focus group interview is the research method. Study participants are graduates of microelectronics engineering professional departments who are currently employed in the IC industry. The IC industries are defined as the electronic component manufacturing industry and optical-electronic component manufacturing industry in the semiconductor industry and optical-electronic material devices, respectively. Study participants selected from IC design industry include IC engineering and electronic & semiconductor engineering. The human training with IC design professional competence in microelectronics engineering professional departments is explored in this research. IC professional competences of human resources in the IC design industry include general intelligence and professional intelligence.

Keywords: IC design, curricula, competence, task, duty

Procedia PDF Downloads 349
1901 Modernization and Modernity: The Professional Education Concept in the Political Discourse of the Legislative Congress of Minas Gerais (1892-1930)

Authors: Milene Magalhães Pinto, Irlen Antônio Gonçalves

Abstract:

The purpose of this paper is to discuss how the historical processes of organization and reform of professional education contributed with the educational projects for the training/education starting from the idea of modernization of Brazil by way of industry and skilled worker. In the discourse of Congress Legislative of Minas Gerais is possible to identify the role of education as a mediating body of construction processes and rationalization modernizing of the country. The hypothesis is that education is an important instrument for promoting progress and citizenship and the way to form the professional who would serve the social and economic purposes of modernization of Brazil in the nineteenth and twentieth centuries. In this sense, we investigate the relationship of the concept of professional education with the ideas of modernization and modernity.

Keywords: education, modernization and education, legislative congress of Minas Gerais, professional education

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1900 Identity Construction of English Language Teachers from Nepal: A Narrative Inquiry

Authors: Bharat Prasad Neupane

Abstract:

Given the widespread concentration on beliefs, values, emotions, critical incidents, and practices in exploring teachers’ professional identities, this study presents the trajectories of identity construction of three English language teachers from Nepal, analyzing their storied lives from schoolteachers to university professors. For this purpose, the article considered the three-dimensional professional development model to explore the effective mediation by the state agencies, culture and the policies, appropriate support from the organizations, and the bottom-up initiatives taken by the teachers in their professional development. Besides, the professional development journey derived from the in-depth interview of the participants is analyzed by employing communities of practice theory, particularly engagement, alignment, and imagination, as theoretical categories to discover their professional identities. The analysis revealed that passion for language, creativity, and motivation to learn English during childhood initially encouraged them to study English. In addition, inspiration from their teachers during their schooling and later a competitive working environment motivated them to experiment with innovative teaching approaches and establish themselves in the profession. Furthermore, diversification in university teaching according to university requirements and resultant divergence from the professional root ultimately transformed their identity beyond English teachers. Finally, university policy, customization of teachers as per the university requirement, and their survival strategy as English teachers in a university where technical subjects are given more priority has impacted their professional identities.

Keywords: teachers’ professional development, English language teaching, professional identity, communities of practice

Procedia PDF Downloads 44