Search results for: supreme court of appeal
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 532

Search results for: supreme court of appeal

322 Conceptualizing Psycho-Social Intervention with Juvenile Offenders as Attachment Therapy: A Practical Approach

Authors: Genziana Lay

Abstract:

A wide majority of older children and adolescents who enter the juvenile court system present with an array of problematic symptoms and behaviors including anxiety, depression, aggressive acting out, detachment, and substance abuse. Attachment theory offers a framework for understanding normative and pathological functioning, which during development is influenced by emotional, social and cognitive elements. There is clear evidence that children and adolescents with the highest risk of developing adaptation problems present an insecure attachment profile. Most offending minors have experienced dysfunctional family relationships as well as social and/or economic deprivation. Their maladaptive attachment develops not only through their relationship with caregivers but with the environment at large. Activation of their faulty attachment system leads them to feel emotionally overwhelmed and engage in destructive behaviors and decision-making. A psycho-social intervention with this population conceptualized as attachment therapy is a multi-faceted, practical approach that has shown excellent results in terms of increased psychological well-being and drastically reduced rates of re-offense/ destructive behavior. Through several; components including psychotherapy, monitoring, volunteering, meditation and socialization, the program focuses on seven dimensions: self-efficacy, responsibility, empathy/reparation, autonomy/security, containment/structure, insight building, and relational health. This paper presents the program and illustrates how the framework of attachment theory practically applied to psycho-social intervention has great therapeutic and social reparation potential. Preliminary evidence drawn from the Sassari Juvenile Court is very promising; this paper will illustrate these results and propose an even more comprehensive, applicable approach to psycho-social reparative intervention that leads to greater psychological health and reduced recidivism in the child and adolescent population.

Keywords: attachment, child, adolescent, crime, juvenile, psychosocial

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321 A Comparative Analysis on the Impact of the Prevention and Combating of Hate Crimes and Hate Speech Bill of 2016 on the Rights to Human Dignity, Equality, and Freedom in South Africa

Authors: Tholaine Matadi

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South Africa is a democratic country with a historical record of racially-motivated marginalisation and exclusion of the majority. During the apartheid era the country was run along pieces of legislation and policies based on racial segregation. The system held a tight clamp on interracial mixing which forced people to remain in segregated areas. For example, a citizen from the Indian community could not own property in an area allocated to white people. In this way, a great majority of people were denied basic human rights. Now, there is a supreme constitution with an entrenched justiciable Bill of Rights founded on democratic values of social justice, human dignity, equality and the advancement of human rights and freedoms. The Constitution also enshrines the values of non-racialism and non-sexism. The Constitutional Court has the power to declare unconstitutional any law or conduct considered to be inconsistent with it. Now, more than two decades down the line, despite the abolition of apartheid, there is evidence that South Africa still experiences hate crimes which violate the entrenched right of vulnerable groups not to be discriminated against on the basis of race, sexual orientation, gender, national origin, occupation, or disability. To remedy this mischief parliament has responded by drafting the Prevention and Combatting of Hate Crimes and Hate Speech Bill. The Bill has been disseminated for public comment and suggestions. It is intended to combat hate crimes and hate speech based on sheer prejudice. The other purpose of the Bill is to bring South Africa in line with international human rights instruments against racism, racial discrimination, xenophobia and related expressions of intolerance identified in several international instruments. It is against this backdrop that this paper intends to analyse the impact of the Bill on the rights to human dignity, equality, and freedom. This study is significant because the Bill was highly contested and creates a huge debate. This study relies on a qualitative evaluative approach based on desktop and library research. The article recurs to primary and secondary sources. For comparative purpose, the paper compares South Africa with countries such as Australia, Canada, Kenya, Cuba, and United Kingdom which have criminalised hate crimes and hate speech. The finding from this study is that despite the Bill’s expressed positive intentions, this draft legislation is problematic for several reasons. The main reason is that it generates considerable controversy mostly because it is considered to infringe the right to freedom of expression. Though the author suggests that the Bill should not be rejected in its entirety, she notes the brutal psychological effect of hate crimes on their direct victims and the writer emphasises that a legislature can succeed to combat hate-crimes only if it provides for them as a separate stand-alone category of offences. In view of these findings, the study recommended that since hate speech clauses have a negative impact on freedom of expression it can be promulgated, subject to the legislature enacting the Prevention and Combatting of Hate-Crimes Bill as a stand-alone law which criminalises hate crimes.

Keywords: freedom of expression, hate crimes, hate speech, human dignity

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320 Reclaiming the House with Use of Web 2.0 Tools: Democratic Candidates and Social Media during Midterm Elections in 2018

Authors: Norbert Tomaszewski

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Modern politicians tend to resign from the traditional media as Web 2.0 tools allow them to interact with a much bigger audience while spending less money on their campaign. Current studies on this subject prove that in order to win the elections, the candidate needs to show his personal side during the campaign to appeal to the voter as an average citizen. Because of that, the internet user may engage in the politician's campaign by spreading his message along with his followers. The aim of the study is to determine how did the Democratic candidates use the Web 2.0 tools during the 2018 midterm elections campaign and whether they managed to succeed. Taking into consideration the fact that the United States as a country, has always set important milestones for the political marketing as a field of science, the result of the research can set some examples on how to manage the modern internet campaign in less developed countries.

Keywords: political campaign, midterm elections, social media, Web 2.0

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319 Redefining Intellectual Humility in Indian Context: An Experimental Investigation

Authors: Jayashree And Gajjam

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Intellectual humility (IH) is defined as a virtuous mean between intellectual arrogance and intellectual self-diffidence by the ‘Doxastic Account of IH’ studied, researched and developed by western scholars not earlier than 2015 at the University of Edinburgh. Ancient Indian philosophical texts or the Upanisads written in the Sanskrit language during the later Vedic period (circa 600-300 BCE) have long addressed the virtue of being humble in several stories and narratives. The current research paper questions and revisits these character traits in an Indian context following an experimental method. Based on the subjective reports of more than 400 Indian teenagers and adults, it argues that while a few traits of IH (such as trustworthiness, respectfulness, intelligence, politeness, etc.) are panhuman and pancultural, a few are not. Some attributes of IH (such as proper pride, open-mindedness, awareness of own strength, etc.) may be taken for arrogance by the Indian population, while other qualities of Intellectual Diffidence such as agreeableness, surrendering can be regarded as the characteristic of IH. The paper then gives the reasoning for this discrepancy that can be traced back to the ancient Indian (Upaniṣadic) teachings that are still prevalent in many Indian families and still anchor their views on IH. The name Upanisad itself means ‘sitting down near’ (to the Guru to gain the Supreme knowledge of the Self and the Universe and setting to rest ignorance) which is equivalent to the three traits among the BIG SEVEN characterized as IH by the western scholars viz. ‘being a good listener’, ‘curious to learn’, and ‘respect to other’s opinion’. The story of Satyakama Jabala (Chandogya Upanisad 4.4-8) who seeks the truth for several years even from the bull, the fire, the swan and waterfowl, suggests nothing but the ‘need for cognition’ or ‘desire for knowledge’. Nachiketa (Katha Upanisad), a boy with a pure mind and heart, follows his father’s words and offers himself to Yama (the God of Death) where after waiting for Yama for three days and nights, he seeks the knowledge of the mysteries of life and death. Although the main aim of these Upaniṣadic stories is to give the knowledge of life and death, the Supreme reality which can be identical with traits such as ‘curious to learn’, one cannot deny that they have a lot more to offer than mere information about true knowledge e.g., ‘politeness’, ‘good listener’, ‘awareness of own limitations’, etc. The possible future scope of this research includes (1) finding other socio-cultural factors that affect the ideas on IH such as age, gender, caste, type of education, highest qualification, place of residence and source of income, etc. which may be predominant in current Indian society despite our great teachings of the Upaniṣads, and (2) to devise different measures to impart IH in Indian children, teenagers, and younger adults for the harmonious future. The current experimental research can be considered as the first step towards these goals.

Keywords: ethics and virtue epistemology, Indian philosophy, intellectual humility, upaniṣadic texts in ancient India

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318 Positioning Analysis of Atlantic Canadian Provinces as Travel Destinations by Americans

Authors: Dongkoo Yun, Melissa James-MacEachern

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This study analyzes Americans’ views of four Atlantic Canadian provinces as travel destinations regarding specific destination attributes for a pleasure trip, awareness (heard) of the destinations, past visit to the destinations during the prior two years, and intention to visit in the next two years. Results indicate that American travellers perceived the four Atlantic Canadian provinces as separate and distinct when rating best-fit destination attributes to each destination. The results suggest that travel destinations, specifically the four selected destinations, must be prepared to differentiate their destination’s image and the range of experiences and services to appeal and attract more American travellers.

Keywords: American perceptions, Atlantic Canadian provinces, competitiveness, positioning analysis

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317 Punishment In Athenian Forensic Oratory

Authors: Eleni Volonaki

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In Athenian forensic speeches, the argumentation on punishment of the wrongdoers constitutes a fundamental ideal of exacting justice in court. The present paper explores the variation of approaches to punishment as a means of reformation, revenge, correction, education, example, chance to restoration of justice. As it will be shown, all these approaches reflect the social and political ideology of Athenian justice in the classical period and enhances the role of the courts and the importance of rhetoric in the process of decision-making. Punishment entails a wide range of penalties but also of ideological principles related to the Athenian constitution of democracy.

Keywords: punishment, athenian forensic speeches, justice, athenian democracy

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316 Monte Carlo and Biophysics Analysis in a Criminal Trial

Authors: Luca Indovina, Carmela Coppola, Carlo Altucci, Riccardo Barberi, Rocco Romano

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In this paper a real court case, held in Italy at the Court of Nola, in which a correct physical description, conducted with both a Monte Carlo and biophysical analysis, would have been sufficient to arrive at conclusions confirmed by documentary evidence, is considered. This will be an example of how forensic physics can be useful in confirming documentary evidence in order to reach hardly questionable conclusions. This was a libel trial in which the defendant, Mr. DS (Defendant for Slander), had falsely accused one of his neighbors, Mr. OP (Offended Person), of having caused him some damages. The damages would have been caused by an external plaster piece that would have detached from the neighbor’s property and would have hit Mr DS while he was in his garden, much more than a meter far away from the facade of the building from which the plaster piece would have detached. In the trial, Mr. DS claimed to have suffered a scratch on his forehead, but he never showed the plaster that had hit him, nor was able to tell from where the plaster would have arrived. Furthermore, Mr. DS presented a medical certificate with a diagnosis of contusion of the cerebral cortex. On the contrary, the images of Mr. OP’s security cameras do not show any movement in the garden of Mr. DS in a long interval of time (about 2 hours) around the time of the alleged accident, nor do they show any people entering or coming out from the house of Mr. DS in the same interval of time. Biophysical analysis shows that both the diagnosis of the medical certificate and the wound declared by the defendant, already in conflict with each other, are not compatible with the fall of external plaster pieces too small to be found. The wind was at a level 1 of the Beaufort scale, that is, unable to raise even dust (level 4 of the Beaufort scale). Therefore, the motion of the plaster pieces can be described as a projectile motion, whereas collisions with the building cornice can be treated using Newtons law of coefficients of restitution. Numerous numerical Monte Carlo simulations show that the pieces of plaster would not have been able to reach even the garden of Mr. DS, let alone a distance over 1.30 meters. Results agree with the documentary evidence (images of Mr. OP’s security cameras) that Mr. DS could not have been hit by plaster pieces coming from Mr. OP’s property.

Keywords: biophysics analysis, Monte Carlo simulations, Newton’s law of restitution, projectile motion

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315 Contradictions of Contemporary Culture and Civilization, Processes of Tradition and Innovation

Authors: G. K. Abdigalieva, Z. N. Ismagambetova, T. H. Gabitov, K. A. Biazdikova, A. A. Mukhanbet , B. E. Moldagaliyev, Saira Shamahay

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In the article was shown attitude to contemporary traditional culture and cultural heritage preservation issues and features of further development of a culture. Concerning innovation, appeal to cultural heritage, ability of reception of a culture and cultural diffusion in the process of globalization, it is offered further positive development of Kazakhstan’s based human experience and achieved with time. System of traditions is considered as a phenomenon which describes unity, harmony and stability of social body. Contradictions of contemporary culture and civilization, processes of tradition and innovation, cultural changes, and creativities are considered as second side of a society development. Innovation is analyzed as a method of renewal of a culture, tradition and innovation are considered as universal feature of any culture.

Keywords: culture, civilization, innovation, tradition, reality, customs, social relations, morality, values

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314 Comeback of the Limited Precedent System in Hungary – A Critical Assessment

Authors: István János Molnár

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Hungary has a legal system that is primarily based on statutory legislation, which means that statutes are the main source of law. However, in a surprising move, the Hungarian Parliament introduced a "limited" precedent system on 1 April 2020. This reform requires Hungarian courts to consider not only statutes but also the interpretation of those statutes in decisions made by the highest court in the country, the Curia. While judge-made customary law is not completely unfamiliar in Hungarian legal practice, the introduction of this new system presents several theoretical and practical challenges that may take time to resolve.

Keywords: civil procedure, hungary, judicial practice, precedent system, sources of law

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313 Particle Swarm Optimization for Modified Spencer Model Under Different Excitations

Authors: Fatemeh Behbahani, Mehdi Behbahani

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The new materials have exposed the technological advancement that has been used to facilitate the presentation of buildings to effectively suppress vibration. Recently researchers have increased their advantages, including decreased power requirements, mechanical simplicity, and a high power capability, because of the regulated Fluids and their applications. The fluids used in magneto-rheological dampers also improved their mechanical characteristics. The damper force caused by the current excitement adjustment was applied within the damper to the electromagnet. A supreme model is needed to be able to accurately estimate damping force according to the superior present hysteresis damper behavior to use the advantage of this remarkable method. Due to the supreme coverage of the nonlinear field of the hysteresis loop among the parametric model, the Spencer model has been commonly used for MR damper to describe hysteresis behavior. Despite this, there are still essential differences in the simulation and experimental outcomes. A novelty model according to the Spencer model is being used here to simulate the damper's nonlinear hysteretic behavior by taking the excitations of frequency, current, and amplitude as displacement and velocity as input variables. This suggested model has a greater benefit than the historically uncertain parameters of the Spencer model, where it can be re-evaluated if a new grouping of excitation parameters is preferred. Experimental experiments in the damping force measuring machine were carried out for validation of the simulations using MATLAB software, as shown in the previous paper which will be mentioned in the content. This paper aims to explain the optimal value of the parameters for the proposed model using a biological-inspired algorithm called Particle Swarm Optimization. The working principles of the classical Particle Swarm Optimisation (PSO) algorithm for a better understanding of the basic framework of a PSO algorithm will be discussed and also, learn to demonstrate the functionality of a PSO algorithm in MATLAB. A PSO algorithm's design is similar to that of bird flocking and starts with a randomly generated population group. They have fitness values to determine the population. They update the population check for optimal parameters with random strategies and update the simulation resets as well. However, not all algorithms guarantee F. B. with the Department of artificial intelligence and robotics (CAIRO), Malaysia-Japan International Institute of Technology (MJIIT), UTM, 54100, Kuala Lumpur, Malaysia (corresponding author, phone: +60-1136463246; e-mail: [email protected]). success. In displacement, velocity, and time curves, a great deal was found between the prediction and experimental works with an appropriate error as a result of the confirmation that the model can correctly measure the hysteresis damping force and the error has decreased relative to the Spencer model.

Keywords: modeling and simulation, semi-active control, MR damper RD-8040-1, particle swarm optimization, magnetorheological fluid, based spencer model

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312 Study of Icons in Enterprise Application Software Context

Authors: Shiva Subhedar, Abhishek Jain, Shivin Mittal

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Icons are not merely decorative elements in enterprise applications but very often used because of their many advantages such as compactness, visual appeal, etc. Despite these potential advantages, icons often cause usability problems when they are designed without consideration for their many potential downsides. The aim of the current study was to examine the effect of articulatory distance – the distance between the physical appearance of an interface element and what it actually means. In other words, will the subject find the association of the function and its appearance on the interface natural or is the icon difficult for them to associate with its function. We have calculated response time and quality of identification by varying icon concreteness, the context of usage and subject experience in the enterprise context. The subjects were asked to associate icons (prepared for study purpose) with given function options in context and out of context mode. Response time and their selection were recorded for analysis.

Keywords: HCI, icons, icon concreteness, icon recognition

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311 Steps toward the Support Model of Decision-Making in Hungary: The Impact of the Article 12 of the UN Convention on the Rights of Persons with Disabilities on the Hungarian National Legislation

Authors: Szilvia Halmos

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Hungary was one of the first countries to sign and ratify the UN Convention on the Rights of Persons with Disabilities (hereinafter: CRPD). Consequently, Hungary assumed an obligation under international law to review the national law in the light of the Article 12 of the CRPD requiring the States parties to guarantee the equality of persons with disabilities in terms of legal capacity, and to replace the regimes of substitute decision-making by the instruments of supported decision-making. This article is often characterized as one of the key norms of the CRPD, since the legal autonomy of the persons with disabilities is an essential precondition of their participation in the social life on an equal basis with others, envisaged by the social paradigm of disability. This paper examines the impact of the CRPD on the relevant Hungarian national legal norms, with special focus on the relevant rules of the recently codified Civil Code. The employed research methodologies include (1) the specification of the implementation requirements imposed by the Article 12 of the CRPD, (2) the determination of the indicators of the appropriate implementation, (3) the critical analysis of compliance of the relevant Hungarian legal regulation with the indicators, (4) with respect to the relevant case law of the Hungarian Constitutional Court and ordinary courts, the European Court of Human Rights and the Committee of Rights of Persons with Disabilities and (5) to the available empirical figures on the functioning of substitute and supported decision-making regimes. It will be established that the new Civil Code has made large steps toward the equality of persons with disabilities in terms of legal capacity and the support model of decision-making by the introduction of some specific instruments of supported decision-making and the restriction of the application of guardianship. Nevertheless, the regulation currently in effect fails to represent some crucial principles of the Article 12 of the CRPD, such as the non-discrimination of persons with psycho-social disabilities, the support of the articulation of the will and preferences of the individual instead of his/her best interest in the course of decision-making. The changes in the practice of the substitute and the support model brought about by the new legal norms can also be assessed as significant, however, so far unsatisfactory. The number of registered supporters is rather low, and the preconditions of the effective functioning of the support (e.g. the proper training of the supporters) are not ensured.

Keywords: Article 12 of the UN CRPD, Hungarian law on legal capacity, persons with intellectual and psycho-social disabilities, supported decision-making

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310 Admissibility as a Property of Evidence in Modern Conditions

Authors: Iryna Teslenko

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According to the provisions of the current criminal procedural legislation of Ukraine, the issue of admissibility of evidence is closely related to both the right to a fair trial and the presumption of innocence. The general rule is that evidence obtained improperly or illegally cannot be taken into account in a court case. Therefore, the evidence base of the prosecution, collected at the stage of the pre-trial investigation, compliance with the requirements of the law during the collection of evidence, is of crucial importance for the criminal process, the violation of which entails the recognition of the relevant evidence as inadmissible, which can nullify all the efforts of the pre-trial investigation body and the prosecution. Therefore, the issue of admissibility of evidence in criminal proceedings is fundamentally important and decisive for the entire process. Research on this issue began in December 2021. At that time, there was still no clear understanding of what needed to be conveyed to the scientific community. In February 2022, the lives of all citizens of Ukraine have totally changed. A war broke out in the country. At a time when the entire world community is on the path of humanizing society, respecting the rights and freedoms of man and citizen, a military conflict has arisen in the middle of Europe - one country attacked another, war crimes are being committed. The world still cannot believe it, but it is happening here and now, people are dying, infrastructure is being destroyed, war crimes are being committed, contrary to the signed and ratified international conventions, and contrary to all the acquisitions and development of world law. At this time, the life of the world has divided into before and after February 24, 2022, the world cannot be the same as it was before, and the approach to solving legal issues in the criminal process, in particular, issues of proving the commission of crimes and the involvement of certain persons in their commission. An international criminal has appeared in the humane European world, who disregards all norms of law and morality, and does not adhere to any principles. Until now, the practice of the European Court of Human Rights and domestic courts of Ukraine treated with certain formalism, such a property of evidence in criminal proceedings as the admissibility of evidence. Currently, we have information that the Office of the Prosecutor of the International Criminal Court in The Hague has started an investigation into war crimes in Ukraine and is documenting them. In our opinion, the world cannot allow formalism in bringing a war criminal to justice. There is a war going on in Ukraine, the cities are under round-the-clock missile fire from the aggressor country, which makes it impossible to carry out certain investigative actions. If due to formal deficiencies, the collected evidence is declared inadmissible, it may lead to the fact that the guilty people will not be punished. And this, in turn, sends a message to other terrorists in the world about the impunity of their actions, the system of deterring criminals from committing criminal offenses (crimes) will collapse due to the understanding of the inevitability of punishment, and this will affect the entire world security and European security in particular. Therefore, we believe that the world cannot allow chaos in the issue of general security, there should be a transformation of the approach in general to such a property of evidence in the criminal process as admissibility in order to ensure the inevitability of the punishment of criminals. We believe that the scientific and legal community should not allow criminals to avoid responsibility. The evil that is destroying Ukraine should be punished. We must all together prove that legal norms are not just words written on paper but rules of behavior of all members of society, their non-observance leads to mandatory responsibility. Everybody who commits crimes will be punished, which is inevitable, and this principle is the guarantor of world security in the future.

Keywords: admissibility of evidence, criminal process, war, Ukraine

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309 Gender Construction in Contemporary Dystopian Fiction in Young Adult Literature: A South African Example

Authors: Johan Anker

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The purpose of this paper is to discuss the nature of gender construction in modern dystopian fiction, the development of this genre in Young Adult Literature and reasons for the enormous appeal on the adolescent readers. A recent award winning South African text in this genre, The Mark by Edith Bullring (2014), will be used as example while also comparing this text to international bestsellers like Divergent (Roth:2011), The Hunger Games (Collins:2008) and others. Theoretical insights from critics and academics in the field of children’s literature, like Ames, Coats, Bradford, Booker, Basu, Green-Barteet, Hintz, McAlear, McCallum, Moylan, Ostry, Ryan, Stephens and Westerfield will be referred to and their insights used as part of the analysis of The Mark. The role of relevant and recurring themes in this genre, like global concerns, environmental destruction, liberty, self-determination, social and political critique, surveillance and repression by the state or other institutions will also be referred to. The paper will shortly refer to the history and emergence of dystopian literature as genre in adult and young adult literature as part of the long tradition since the publishing of Orwell’s 1984 and Huxley’s Brave New World. Different factors appeal to adolescent readers in the modern versions of this hybrid genre for young adults: teenage protagonists who are questioning the underlying values of a flawed society like an inhuman or tyrannical government, a growing understanding of the society around them, feelings of isolation and the dynamic of relationships. This unease leads to a growing sense of the potential to act against society (rebellion), and of their role as agents in a larger community and independent decision-making abilities. This awareness also leads to a growing sense of self (identity and agency) and the development of romantic relationships. The specific modern tendency of a female protagonist as leader in the rebellion against state and state apparatus, who gains in agency and independence in this rebellion, an important part of the identification with and construction of gender, while being part of the traditional coming-of-age young adult novel will be emphasized. A comparison between the traditional themes, structures and plots of young adult literature (YAL) with adult dystopian literature and those of recent dystopian YAL will be made while the hybrid nature of this genre and the 'sense of unease' but also of hope, as an essential part of youth literature, in the closure to these novels will be discussed. Important questions about the role of the didactic nature of these texts and the political issues and the importance of the formation of agency and identity for the young adult reader, as well as identification with the protagonists in this genre, are also part of this discussion of The Mark and other YAL novels.

Keywords: agency, dystopian literature, gender construction, young adult literature

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308 Satisfaction in Supreme Financial Disbursement in the Faculty of Science and Technology, Suan Sunandha Rajabhat University

Authors: Adisai Thovicha, Jiranan Pattaphong

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The objective of this research is to study the satisfaction of the disbursement of the Faculty of Science and Technology, Suan Sunandha Rajabhat University. The sample of this study consisted of 98 participants who are faculty members and staff of the Faculty of Science and Technology. Sample was drawn by systematic random sampling technique. Questionnaire was used to collect data. Analysis involves frequency, percentage, mean and standard deviation. It was found that: (1) Most of the 98 faculty members and staff are female, aged between 31-40 years and they have been working at the university for 1-5 years. (2) The satisfaction level of the disbursement of the Faculty of Science and Technology, Suan Sunandha Rajabhat University is high. When each aspect is considered, the satisfaction level of faculty members and staff of the Faculty of Science and Technology is high in service providing staff, process and facilitation.

Keywords: satisfaction of disbursement, petition financing, faculty members, staff

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307 Influence of Bondage Discipline Sadism Masochism (BDSM) On Fashion Industry on Fashion Industry

Authors: Utkarsh Goley

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BDSM, or Bondage Discipline Sadism Masochism, is a controversial and often misunderstood practice that has had a presence in the fashion industry for decades. BDSM-inspired fashion can be seen in various forms, from leather harnesses and corsets to studded collars and latex clothing. BDSM fashion is often associated with edginess, rebellion, and sexuality. It has been embraced by subcultures such as punk, Goth, and fetish, as well as mainstream fashion designers looking to push boundaries and make a statement. However, the use of BDSM imagery in fashion has also been criticized for promoting objectification, exploitation, and the normalization of abusive behavior. Some argue that the fashion industry's depiction of BDSM often reinforces harmful stereotypes and misconceptions about the practice. Despite the controversy, BDSM-inspired fashion continues to have a place in the industry, with designers and consumers alike finding value in its aesthetic appeal and provocative nature. As with any aspect of fashion, the role of BDSM in the industry will continue to evolve and adapt to changing cultural norms and societal attitudes.

Keywords: BDSM, leather, fashion, lycra

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306 NFTs, between Opportunities and Absence of Legislation: A Study on the Effect of the Rulings of the OpenSea Case

Authors: Andrea Ando

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The development of the blockchain has been a major innovation in the technology field. It opened the door to the creation of novel cyberassets and currencies. In more recent times, the non-fungible tokens have started to be at the centre of media attention. Their popularity has been increasing since 2021, and they represent the latest in the world of distributed ledger technologies and cryptocurrencies. It seems more and more likely that NFTs will play a more important role in our online interactions. They are indeed increasingly taking part in the arts and technology sectors. Their impact on society and the market is still very difficult to define, but it is very likely that there will be a turning point in the world of digital assets. There are some examples of their peculiar behaviour and effect in our contemporary tech-market: the former CEO of the famous social media site Twitter sold an NFT of his first tweet for around £2,1 million ($2,5 million), or the National Basketball Association has created a platform to sale unique moment and memorabilia from the history of basketball through the non-fungible token technology. Their growth, as imaginable, paved the way for civil disputes, mostly regarding their position under the current intellectual property law in each jurisdiction. In April 2022, the High Court of England and Wales ruled in the OpenSea case that non-fungible tokens can be considered properties. The judge, indeed, concluded that the cryptoasset had all the indicia of property under common law (National Provincial Bank v. Ainsworth). The research has demonstrated that the ruling of the High Court is not providing enough answers to the dilemma of whether minting an NFT is a violation or not of intellectual property and/or property rights. Indeed, if, on the one hand, the technology follows the framework set by the case law (e.g., the 4 criteria of Ainsworth), on the other hand, the question that arises is what is effectively protected and owned by both the creator and the purchaser. Then the question that arises is whether a person has ownership of the cryptographed code, that it is indeed definable, identifiable, intangible, distinct, and has a degree of permanence, or what is attached to this block-chain, hence even a physical object or piece of art. Indeed, a simple code would not have any financial importance if it were not attached to something that is widely recognised as valuable. This was demonstrated first through the analysis of the expectations of intellectual property law. Then, after having laid the foundation, the paper examined the OpenSea case, and finally, it analysed whether the expectations were met or not.

Keywords: technology, technology law, digital law, cryptoassets, NFTs, NFT, property law, intellectual property law, copyright law

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305 Implementing Equitable Learning Experiences to Increase Environmental Awareness and Science Proficiency in Alabama’s Schools and Communities

Authors: Carly Cummings, Maria Soledad Peresin

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Alabama has a long history of racial injustice and unsatisfactory educational performance. In the 1870s Jim Crow laws segregated public schools and disproportionally allocated funding and resources to white institutions across the South. Despite the Supreme Court ruling to integrate schools following Brown vs. the Board of Education in 1954, Alabama’s school system continued to exhibit signs of segregation, compounded by “white flight” and the establishment of exclusive private schools, which still exist today. This discriminatory history has had a lasting impact of the state’s education system, reflected in modern school demographics and achievement data. It is well known that Alabama struggles with education performance, especially in science education. On average, minority groups scored the lowest in science proficiency. In Alabama, minority populations are concentrated in a region known as the Black Belt, which was once home to countless slave plantations and was the epicenter of the Civil Rights Movement. Today the Black Belt is characterized by a high density of woodlands and plays a significant role in Alabama’s leading economic industry-forest products. Given the economic importance of forestry and agriculture to the state, environmental science proficiency is essential to its stability; however, it is neglected in areas where it is needed most. To better understand the inequity of science education within Alabama, our study first investigates how geographic location, demographics and school funding relate to science achievement scores using ArcGIS and Pearson’s correlation coefficient. Additionally, our study explores the implementation of a relevant, problem-based, active learning lesson in schools. Relevant learning engages students by connecting material to their personal experiences. Problem-based active learning involves real-world problem-solving through hands-on experiences. Given Alabama’s significant woodland coverage, educational materials on forest products were developed with consideration of its relevance to students, especially those located in the Black Belt. Furthermore, to incorporate problem solving and active learning, the lesson centered around students using forest products to solve environmental challenges, such as water pollution- an increasing challenge within the state due to climate change. Pre and post assessment surveys were provided to teachers to measure the effectiveness of the lesson. In addition to pedagogical practices, community and mentorship programs are known to positively impact educational achievements. To this end, our work examines the results of surveys measuring educational professionals’ attitudes toward a local mentorship group within the Black Belt and its potential to address environmental and science literacy. Additionally, our study presents survey results from participants who attended an educational community event, gauging its effectiveness in increasing environmental and science proficiency. Our results demonstrate positive improvements in environmental awareness and science literacy with relevant pedagogy, mentorship, and community involvement. Implementing these practices can help provide equitable and inclusive learning environments and can better equip students with the skills and knowledge needed to bridge this historic educational gap within Alabama.

Keywords: equitable education, environmental science, environmental education, science education, racial injustice, sustainability, rural education

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304 The Impact of Using Technology Tools on Preparing English Language Learners for the 21st Century

Authors: Ozlem Kaya

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21st-century learners are energetic and tech-savvy, and the skills and the knowledge required in this century are complex and challenging. Therefore, teachers need to find new ways to appeal to the needs and interests of their students and meet the demands of the 21st century at the same time. One way to do so in English language learning has been to incorporate various technology tools into classroom practices. Although teachers think these practices are effective and their students enjoy them, students may have different perceptions. To find out what students think about the use of technology tools in terms of developing 21st-century skills and knowledge, this study was conducted at Anadolu University School of Foreign Languages. A questionnaire was administered to 40 students at elementary level. Afterward, semi-structured interviews were held with 8 students to provide deeper insight into their perceptions. The details of the findings of the study will be presented and discussed during the presentation.

Keywords: 21st century skills, technology tools, perception, English Language Learning

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303 Existence of God: Belief, Analysis and a Scientific Explanation of Resemblance with Cosmic Theory

Authors: Aarti Muley

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An ancient Vedic philosophy defines the three basic gods i.e Bramha, Vishnu and Shiva. Bramha is known as a supreme god and responsible for creating a universe. Vedic scriptures have not given the direct description of Lord Bramha but with the name Hiranyagarbha Rig Veda describes Bramha. Vedas, Bhagwat Gita, Mahabharata describes Bramha and modern science has found that many theories and principle is directly related with the life of Lord Bramha but there is no direct explanation and evidence regarding a planet Bramhaloka or also called as Satyaloka. Neither the ancient scriptures nor the Indian astrology which is based on the motion of the planet have given any evidence to the planet Bramhaloka directly. In this paper, the efforts have been made to study who is god Bramha and the planet Bramhaloka from Vedic scriptures and using the theories of modern science it has been found that it has strong resemblance with the star Sun. To the best of author’s knowledge, this is the first report which gives the explanation that the lord Bramha’s planet Bramhaloka and the Sun is one and the same.

Keywords: God Bramha, ancient scriptures, cosmic theory, scientific explanation

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302 3D Biomechanics Analysis of Tennis Elbow Factors & Injury Prevention Using Computer Vision and AI

Authors: Aaron Yan

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Tennis elbow has been a leading injury and problem among amateur and even professional players. Many factors contribute to tennis elbow. In this research, we apply state of the art sensor-less computer vision and AI technology to study the biomechanics of a player’s tennis movements during training and competition as they relate to the causes of tennis elbow. We provide a framework for the analysis of key biomechanical parameters and their correlations with specific tennis stroke and movements that can lead to tennis elbow or elbow injury. We also devise a method for using AI to automatically detect player’s forms that can lead to tennis elbow development for on-court injury prevention.

Keywords: Tennis Elbow, Computer Vision, AI, 3DAT

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301 Language in Court: Ideology, Power and Cognition

Authors: Mehdi Damaliamiri

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Undoubtedly, the power of language is hardly a new topic; indeed, the persuasive power of language accompanied by ideology has long been recognized in different aspects of life. The two and a half thousand-year-old Bisitun inscriptions in Iran, proclaiming the victories of the Persian King, Darius, are considered by some historians to have been an early example of the use of propaganda. Added to this, the modern age is the true cradle of fully-fledged ideologies and the ongoing process of centrifugal ideologization. The most visible work on ideology today within the field of linguistics is “Critical Discourse Analysis” (CDA). The focus of CDA is on “uncovering injustice, inequality, taking sides with the powerless and suppressed” and making “mechanisms of manipulation, discrimination, demagogy, and propaganda explicit and transparent.” possible way of relating language to ideology is to propose that ideology and language are inextricably intertwined. From this perspective, language is always ideological, and ideology depends on the language. All language use involves ideology, and so ideology is ubiquitous – in our everyday encounters, as much as in the business of the struggle for power within and between the nation-states and social statuses. At the same time, ideology requires language. Its key characteristics – its power and pervasiveness, its mechanisms for continuity and for change – all come out of the inner organization of language. The two phenomena are homologous: they share the same evolutionary trajectory. To get a more robust portrait of the power and ideology, we need to examine its potential place in the structure, and consider how such structures pattern in terms of the functional elements which organize meanings in the clause. This is based on the belief that all grammatical, including syntactic, knowledge is stored mentally as constructions have become immensely popular. When the structure of the clause is taken into account, the power and ideology have a preference for Complement over Subject and Adjunct. The subject is a central interpersonal element in discourse: it is one of two elements that form the central interactive nub of a proposition. Conceptually, there are countless ways of construing a given event and linguistically, a variety of grammatical devices that are usually available as alternate means of coding a given conception, such as political crime and corruption. In the theory of construal, then, which, like transitivity in Halliday, makes options available, Cognitive Linguistics can offer a cognitive account of ideology in language, where ideology is made possible by the choices a language allows for representing the same material situation in different ways. The possibility of promoting alternative construals of the same reality means that any particular choice in representation is always ideologically constrained or motivated and indicates the perspective and interests of the text-producer.

Keywords: power, ideology, court, discourse

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300 Network Connectivity Knowledge Graph Using Dwave Quantum Hybrid Solvers

Authors: Nivedha Rajaram

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Hybrid Quantum solvers have been given prime focus in recent days by computation problem-solving domain industrial applications. D’Wave Quantum Computers are one such paragon of systems built using quantum annealing mechanism. Discrete Quadratic Models is a hybrid quantum computing model class supplied by D’Wave Ocean SDK - a real-time software platform for hybrid quantum solvers. These hybrid quantum computing modellers can be employed to solve classic problems. One such problem that we consider in this paper is finding a network connectivity knowledge hub in a huge network of systems. Using this quantum solver, we try to find out the prime system hub, which acts as a supreme connection point for the set of connected computers in a large network. This paper establishes an innovative problem approach to generate a connectivity system hub plot for a set of systems using DWave ocean SDK hybrid quantum solvers.

Keywords: quantum computing, hybrid quantum solver, DWave annealing, network knowledge graph

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299 The Use of Artificial Intelligence in Digital Forensics and Incident Response in a Constrained Environment

Authors: Dipo Dunsin, Mohamed C. Ghanem, Karim Ouazzane

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Digital investigators often have a hard time spotting evidence in digital information. It has become hard to determine which source of proof relates to a specific investigation. A growing concern is that the various processes, technology, and specific procedures used in the digital investigation are not keeping up with criminal developments. Therefore, criminals are taking advantage of these weaknesses to commit further crimes. In digital forensics investigations, artificial intelligence is invaluable in identifying crime. It has been observed that an algorithm based on artificial intelligence (AI) is highly effective in detecting risks, preventing criminal activity, and forecasting illegal activity. Providing objective data and conducting an assessment is the goal of digital forensics and digital investigation, which will assist in developing a plausible theory that can be presented as evidence in court. Researchers and other authorities have used the available data as evidence in court to convict a person. This research paper aims at developing a multiagent framework for digital investigations using specific intelligent software agents (ISA). The agents communicate to address particular tasks jointly and keep the same objectives in mind during each task. The rules and knowledge contained within each agent are dependent on the investigation type. A criminal investigation is classified quickly and efficiently using the case-based reasoning (CBR) technique. The MADIK is implemented using the Java Agent Development Framework and implemented using Eclipse, Postgres repository, and a rule engine for agent reasoning. The proposed framework was tested using the Lone Wolf image files and datasets. Experiments were conducted using various sets of ISA and VMs. There was a significant reduction in the time taken for the Hash Set Agent to execute. As a result of loading the agents, 5 percent of the time was lost, as the File Path Agent prescribed deleting 1,510, while the Timeline Agent found multiple executable files. In comparison, the integrity check carried out on the Lone Wolf image file using a digital forensic tool kit took approximately 48 minutes (2,880 ms), whereas the MADIK framework accomplished this in 16 minutes (960 ms). The framework is integrated with Python, allowing for further integration of other digital forensic tools, such as AccessData Forensic Toolkit (FTK), Wireshark, Volatility, and Scapy.

Keywords: artificial intelligence, computer science, criminal investigation, digital forensics

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298 An Exploratory Study of Potential Cruisers Preferences Using Choice Experiment and Latent Class Modelling

Authors: Renuka Mahadevan, Sharon Chang

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This exploratory study is based on potential cruisers’ monetary valuation of cruise attributes. Using choice experiment, monetary trade-offs between four different cruise attributes are examined with Australians as a case study. We found 50% of the sample valued variety of onboard cruise activities the least while 30% were willing to pay A$87 for cruise-organised activities per day, and the remaining 20% regarded an ocean view to be most valuable at A$125. Latent class modelling was then applied and results revealed that potential cruisers’ valuation of the attributes can be used to segment the market into adventurers, budget conscious and comfort lovers. Evidence showed that socio demographics are not as insightful as lifestyle preferences in developing cruise packages and pricing that would appeal to potential cruisers. Marketing also needs to counter the mindset of potential cruisers’ belief that cruises are often costly and that cruising can be done later in life.

Keywords: latent class modelling, choice experiment, potential cruisers, market segmentation, willingness to pay

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297 Legal Comparative on Islam and Human Rights in Indonesia

Authors: Muhammad Ilham Agus Salim

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This study aims to reconstruct the discourse of human rights which focused on the issue of freedom of religion/belief (FORB) in Indonesia. This topic always has an appeal considering the development of Islam, both as a phenomenon of religion as well as social and political phenomenon, always in touch with human rights issues. For the majority, Islam is involved in human rights discourse needs to be viewed as a natural thing as it also occurs in the majority group in other countries. The natural state is increasingly gaining affirmation when also considering the doctrine of Islam which is also related to human rights. So the involvement of Islamic parties to human rights talks in Indonesia is not as excessive when considering the sociological position and character of Islamic doctrine. But because of who made the object of conversation, namely human rights and particularly freedom of religion or belief again, not something that is taken for granted, then the diversity within Islam itself impossible can be avoided. In this study the diversity of views presented in the trial which categorically can be grouped into two views, namely: inclusive and exclusive.

Keywords: Islam doctrine, Islamic parties, human rights, freedom of religion

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296 The Fight against Terrorist Radicalization: A French Perspective

Authors: Julia Burchett

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After France became the target of an increasing number of terrorist attacks committed by people who have been declared ‘radicalized’, the issue of radicalization has become the main component of the national Action Plan for the Prevention of terrorism, thus stressing the need to address the roots causes of this peril. Therefore, the aim of this research paper is to provide a preliminary review of Frances’s strategy in the fight against terrorist radicalization in order to point out the challenges posed by this phenomenon while also highlighting its contemporary version and the understanding the results. In this regard, it should not be forgotten that the process of radicalization does not always lead to a terrorist act. To this end, the French legal framework that applies to radicalization coupled with the judicial response provided by the National Court will be analyzed in the light of the need for a balance between the concern for security and the protection of fundamental freedoms.

Keywords: criminal law, France, fundamental freedoms, radicalization, terrorism

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295 Assessing Bus Service Quality in Dhaka City from the Perspective of Female Passengers

Authors: S. K. Subah, R. Tasnim, M. I. Jahan, M. R. Islam

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While talking about how comfortable and convenient Dhaka's bus service is, the minimum emphasis is placed on the female commuters of the Dhaka city. Recognizing the contemporary situation, the supreme focus is to develop experimental model based on statistical methods. SEM has been adopted to quantify passenger satisfaction, which is affected by the perceived service quality. The study deals with 16 observed variables and three latent variables, which were correlated to identify their significance on the regulation of perceived SQ (Service Quality). To calibrate the model, a dataset of 250 responses from female users of local buses has been utilized through survey. A questionnaire structured with SQ variables was prepared in consultation with prevailing literature, practitioners, academicians, and users. The result concludes that the attributes of safe and secured environment have the most significant impact on the overall bus service quality according to the insight of female respondents. The study outcome might be a great help for the policymakers, women's organizations, and NGOs to formulate transport policy that will ensure a women-friendly public bus service.

Keywords: bus service quality, female perception, structural equation modelling, safety-security, women friendly bus

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294 Evolution of Leather in Fashion Industry

Authors: Utkarsh Goley

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Leather has been a valued material for clothing and accessories for centuries, and its use has evolved along with fashion trends and technological advancements. From ancient times when leather was used for practical purposes, to the modern fashion industry, where it is used for both functional and decorative purposes, leather has undergone significant changes in its production and usage. In recent years, there has been a growing awareness of ethical and sustainable fashion, leading to a shift towards alternative materials and production methods. The leather industry has responded to this by exploring new techniques and materials, such as vegetable-tanned leather and leather substitutes made from plant-based materials. The evolution of leather in the fashion industry is also closely tied to cultural and social trends. The use of leather has been associated with rebellion and counterculture in the past, and today it is often used to evoke a sense of luxury and sophistication. Despite the challenges and controversies surrounding its production, leather continues to be a popular material in the fashion industry, with designers and consumers alike valuing its durability, versatility, and aesthetic appeal. As fashion continues to evolve, so will the role and use of leather in the industry. This research paper provides a detailed overview of the evolution of leather in the fashion industry throughout the different decades and centuries.

Keywords: evolution, fashion, leather, sustainable

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293 The Ethics of Corporate Social Responsibility Statements in Undercutting Sustainability: A Communication Perspective

Authors: Steven Woods

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The use of Corporate Social Responsibility Statements has become ubiquitous in society. The appeal to consumers by being a well-behaved social entity has become a strategy not just to ensure brand loyalty but also to further larger scale projects of corporate interests. Specifically, the use of CSR to position corporations as good planetary citizens involves not just self-promotion but also a way of transferring responsibility from systems to individuals. By using techniques labeled as “greenwashing” and emphasizing ethical consumption choices as the solution, corporations present themselves as good members of the community and pursuing sustainability. Ultimately, the primary function of Corporate Social Responsibility statements is to maintain the economic status quo of ongoing growth and consumption while presenting and environmentally progressive image to the public, as well as reassuring them corporate behavior is superior to government intervention. By analyzing the communication techniques utilized through content analysis of specific examples, along with an analysis of the frames of meaning constructed in the CSR statements, the practices of Corporate Responsibility and Sustainability will be addressed from an ethical perspective.

Keywords: corporate social responsibility, ethics, greenwashing, sustainability

Procedia PDF Downloads 40