Search results for: theory of justice
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 5139

Search results for: theory of justice

4899 Domestic Violence in Haryana: A Grassroot Picture of Justice System

Authors: Vandana Dave, Neelam Kumari

Abstract:

India, a fast growing global power, is climbing the ladder of success very swiftly and has been attracting the world’s attention in recent decades. But unfortunately in the modern society, women who constitute half the population of our country have been the victims of violence in different fields of life both physically, socially, mentally and economically. Women face a lot of societal pressure, gender based violence – including rape, domestic violence, dowry death, murder and sexual abuse. But none the less, it is not considered as a problem of serious concern. Among the issues related to women, domestic violence is one of the major issue in our society which is occurring within the safe confines of home at the hands of close family members and cuts across line of race, nationality, language, culture, economics, sexual orientation, physical ability and religion to affect women from all walks of life. It is not to be perceived as a law and order problem alone but it is a socio- cultural problem and it is directly affecting the family life, health of women and life of children. Structural imbalance of power, systematic gender based discrimination; inequality between women and men and other kind of subordination are the context and cause of violence against women. Understanding it as a major problem of our society, the present study was conducted to assess the status of women of Rohtak, district of Haryana. The present study is based on primary and secondary data, adopting feminist research methodology. Case study method was incorporated during the research. It was observed that violence varied according to different age groups of women, marital status, education status, economic status and sociodemography factors. The case studies depicted the inadequate justice system for the victims of domestic violence. The study also revealed that the victims failed to understand the judiciary system and considered themselves helpless and hopeless. The study indicates the need of women friendly justice system for the upliftment of the society.

Keywords: domestic violence, women, victim, justice

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4898 The Contribution of Vygotsky's Social and Cultural Theory to the Understanding of Cognitive Development

Authors: Salah Eddine Ben Fadhel

Abstract:

Lev Vygotsky (1896–1934) was one of the most significant psychologists of the twentieth century despite his short life. His cultural-historical theory is still inspiring many researchers today. At the same time, we observe in many studies a lack of understanding of his thoughts. Vygotsky poses in this theory the contribution of society to individual development and learning. Thus, it suggests that human learning is largely a social and cultural process, further mentioning the influence of interactions between people and the culture in which they live. In this presentation, we highlight, on the one hand, the strong points of the theory by highlighting the major questions it raises and its contribution to developmental psychology in general. On the other hand, we will demonstrate what Vygotsky's theory brings today to the understanding of the cognitive development of children and adolescents. The major objective is to better understand the cognitive mechanisms involved in the learning process in children and adolescents and, therefore, demonstrate the complex nature of psychological development. The main contribution is to provide conceptual insight, which allows us to better understand the importance of the theory and its major pedagogical implications.

Keywords: vygotsky, society, culture, history

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4897 Women's Pathways to Prison in Thailand

Authors: Samantha Jeffries, Chontit Chuenurah

Abstract:

Thailand incarcerates the largest number of women and has the highest female incarceration rate in South East Asia. Since the 1990s, there has been a substantial increase in the number, rate and proportion of women imprisoned. Thailand places a high priority on the gender specific contexts out of which offending arises and the different needs of women in the criminal justice system. This is manifested in work undertaken to guide the development of the United Nations Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders (the Bangkok Rules); adopted by the United Nations General Assembly in 2010. The Bangkok Rules make a strong statement about Thailand’s recognition of and commitment to the fair and equitable treatment of women throughout their contact with the criminal justice system including at sentencing and in prison. This makes the comparatively high use of imprisonment for women in Thailand particularly concerning and raises questions about the relationship between gender, crime and criminal justice. While there is an extensive body of research in Western jurisdictions exploring women’s pathways to prison, there is a relative dearth of methodologically robust research examining the possible gendered circumstances leading to imprisonment in Thailand. In this presentation, we will report preliminary findings from a qualitative study of women’s pathways to prison in Thailand. Our research aims were to ascertain: 1) the type, frequency, and context of criminal behavior that led to women’s incarceration, 2) women’s experiences of the criminal justice system, 3) the broader life experiences and circumstances that led women to prison in Thailand. In-depth life history interviews (n=77) were utilized to gain a comprehensive understanding of women’s journeys into prison. The interview schedule was open-ended consisting of prisoner responses to broad discussion topics. This approach provided women with the opportunity to describe significant experiences in their lives, to bring together distinct chronologies of events, and to analyze links between their varied life experiences, offending, and incarceration. Analyses showed that women’s journey’s to prison take one of eight pathways which tentatively labelled as follows, the: 1) harmed and harming pathway, 2) domestic/family violence victimization pathway, 3) drug connected pathway, 4) street woman pathway, 5) economically motivated pathway, 6) jealousy anger and/or revenge pathway, 7) naivety pathway, 8) unjust and/or corrupted criminal justice pathway. Each will be fully discussed during the presentation. This research is significant because it is the first in-depth methodologically robust exploration of women’s journeys to prison in Thailand and one of a few studies to explore gendered pathways outside of western contexts. Understanding women’s pathways into Thailand’s prisons is crucial to the development of effective planning, policy and program responses not only while women are in prison but also post-release. To best meet women’s needs in prison and effectively support their reintegration, we must have a comprehensive understanding of who these women are, what offenses they commit, the reasons that trigger their confrontations with the criminal justice system and the impact of the criminal justice system on them.

Keywords: pathways, prison, women, Thailand

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4896 Juvenile Justice System in India: Pre and Post Nirbhaya Case

Authors: Vaibhav Singh Parihar

Abstract:

Incidents of serious offenses being committed by children are increasing day by day thereby becoming a matter of great concern. The involvement of a 17-year-old boy in the incident that took place on 16th December 2012 (most commonly known as ‘Nirbhaya Case’)wherein a 23-year-old girl was brutally gang-raped and thrown out of the moving bus, took the entire nation by shock. Previously, the legislation dealing with juvenile delinquency in India considered a child to be juvenile if he/she was below the age of 18 years. As a consequence, the accused who was just six months short of attaining the age of 18 years was convicted for only three years. The primary objective of the study is to understand the gravity as to why the need for distinguishing a child and juvenile arose in this time and to what extent legislations are successful in this regard. It initially explains the history and evolution of juvenile legislation in India and the provisions contained in the Indian Constitution. It then goes on to explain the causes of juvenile delinquency in India. Further, the study focuses on the latest trends that have developed in juvenile delinquency, explaining how the Nirbhaya Case led to the amendments made to the Juvenile Justice Act, 2010. Also, it focuses on the Child Rights and Child Protection and the stand taken by the National Human Rights Commission and the international community. An attempt has been made to settle the debate as to whether the juvenile justice system in India is reformative or punitive. The need for amendment in the Juvenile Justice Act is also highlighted. The outcome of the study suggests that the legislation relating to juvenile delinquency have not been able to achieve the desired results. The age determination method in our system has been given paramount importance. The maximum punishment prescribed, even for heinous crimes, is only three years. Also, the reformative style of punishment is not adequate and more emphasis should be laid on penalization. Finally, the author concludes that the legislation has failed at creating a deterrent effect. It is suggested to strengthen the role of government authorities and to sensitize people in this regard to increase community participation. A non-doctrinal and analytical approach has been adopted and secondary sources of data have been relied upon by the author for conducting the research for the study.

Keywords: child, delinquency, juvenile, Nirbhaya case

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4895 Effecting the Unaffected Through the Effervescent Disk Theory, a Different Perspective of Media Effective Theories

Authors: Tarik Elaujali

Abstract:

This study examines a new media effective theory was developed by the author, it is called ‘The Effervescent Disk Theory’ (EDT). The theory main goal is to affect the unaffected audience who are either not exposing to a particular message or do not show interest in it. EDT suggest melting down messages that means to be affected within the media materials which are selected willingly by the audience themselves. A certain set of procedures to test EDT hypotheses were taken and illustrated in this study. A sample of 342 respondents (males & females) was collected from Tripoli University in Libya during the academic year 2013-2014. The designated sample is representing students who were failing to pass the English module for beginners’. This study aims to change the students’ negative notion about the importance of learning English, and to put their new idea into action. The theory seeks to affect audience cognition, emotions, and behaviors. EDT was applied in the present study alongside the media dependency theory. EDT hypotheses were confirmed, study results denoted that 73.6 percentage of the students responded positively and passed their English exam for beginners after being exposed selectively to their favorite TV program that contains a dissolved messages about the importance and vitality of learning English language.

Keywords: effervescent disk theory, selective exposure, media dependency, Libyan students

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4894 Racial Bias by Prosecutors: Evidence from Random Assignment

Authors: CarlyWill Sloan

Abstract:

Racial disparities in criminal justice outcomes are well-documented. However, there is little evidence on the extent to which racial bias by prosecutors is responsible for these disparities. This paper tests for racial bias in conviction by prosecutors. To identify effects, this paper leverages as good as random variation in prosecutor race using detailed administrative data on the case assignment process and case outcomes in New York County, New York. This paper shows that the assignment of an opposite-race prosecutor leads to a 5 percentage point (~ 8 percent) increase in the likelihood of conviction for property crimes. There is no evidence of effects for other types of crimes. Additional results indicate decreased dismissals by opposite-race prosecutors likely drive my property crime estimates.

Keywords: criminal justice, discrimination, prosecutors, racial disparities

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4893 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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4892 Rethinking International Relations Theory through the Lens of Outside-in Logic of State-Building

Authors: Nana Kwasi Amoateng

Abstract:

The paper uses secondary information to investigate some longstanding limitations in International Relations (IR) theory. Specifically, the analysis highlights IR theory through the lens of J. C. Sharman’s brilliant concept of outside-in state-building logic in which some states, particularly those in Africa, have relied mainly on foreign resources to address local threats. The key findings are that IR theory has been largely understood from the perspective of an inside-out state-building logic, whereby Western and other advanced states have heavily relied on local resources to address foreign threats. In this vein, IR theorists, including Critical Theorists, have not been able to fully grasp African states and states elsewhere that have generally relied on an outside-in logic of state-building. The paper helps to fill a major gap in IR theory, which has mainly addressed criticisms of being Euro- or Western-centric or failing to include the unique experiences of states and other actors in the Global South by developing critical theories such as post-colonial theory and neo-colonialism. Although this has helped to understand some experiences of actors in the Global South, the fundamental difference between state-building in the West and the Global South, particularly Africa, has not been adequately explored to fully comprehend why, despite the works of Critical Theorists, IR theory still fails to capture many political and socioeconomic realities in Africa and elsewhere.

Keywords: international relations theory, outside-in state-building logic, inside-out state-building logic, Africa

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4891 The Concept of Commercial Dispute Resolution through the Court in Indonesia

Authors: Anita Afriana, Efa Laela Fakhriah

Abstract:

The law of civil procedure which is currently in effect in Indonesia is still referring to the rules applicable at the time of the Dutch East Indies, that is Het Herziene Indonesisch Reglement (HIR) and Reglement Tot Regeling Van Het Rechtswezen In De gewesten Buiten Java En Madura (RBg). With the fact that the enactment of this has been very long, there are some things that are no longer suitable with the circumstances and needs of the community in seeking justice today. Therefore, a new regulation on the law of civil procedure is required and the discussions of the draft are currently being carried out. The fast examination of dispute in civil procedure is required to accelerate the growth of Indonesia’s economy by accelerating the dispute resolution method (time efficiency). With the provision of the quick examination on commercial disputes mentioned above, it is expected to benefit the community in order to obtain a tool of dispute resolution efficiently and effectively, so as making justice fast and inexpensive, especially for the resolution of commercial disputes.

Keywords: commercial dispute, civil law procedure, court, Indonesia

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4890 Formation of an Empire in the 21st Century: Theoretical Approach in International Relations and a Worldview of the New World Order

Authors: Rami Georg Johann

Abstract:

Against the background of the current geopolitical constellations, the author looks at various empire models, which are discussed and compared with each other with regard to their stability and functioning. The focus is on the fifth concept as a possible new world order in the 21st century. These will be discussed and compared to one another according to their stability and functioning. All empires to be designed will be conceptualised based on one, two, three, four, and five worlds. All worlds are made up of a different constellation of states and relating coalitions. All systems will be discussed in detail. The one-world-system, the“Western Empire,” will be presented as a possible solution to a new world order in the 21st century (fifth concept). The term “Western” in “Western Empire” describes the Western concept after World War II. This Western concept was the result of two horrible world wars in the 20th century.” With this in mind, the fifth concept forms a stable empire system, the “Western Empire,” by political measures tied to two issues. Thus, this world order provides a significantly higher long-term stability in contrast to all other empire models (comprising five, four, three, or two worlds). Confrontations and threats of war are reduced to a minimum. The two issues mentioned are “merger” and “competition.” These are the main differences in forming an empire compared to all empires and realms in the history of mankind. The fifth concept of this theory, the “Western Empire,” acts explicitly as a counter model. The Western Empire (fifth concept) is formed by the merger of world powers without war. Thus, a world order without competition is created. This merged entity secures long-term peace, stability, democratic values, freedom, human rights, equality, and justice in the new world order.

Keywords: empire formation, theory of international relations, Western Empire, world order

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4889 DGA Data Interpretation Using Extension Theory for Power Transformer Diagnostics

Authors: O. P. Rahi, Manoj Kumar

Abstract:

Power transformers are essential and expensive equipments in electrical power system. Dissolved gas analysis (DGA) is one of the most useful techniques to detect incipient faults in power transformers. However, the identification of the faulted location by conventional method is not always an easy task due to variability of gas data and operational variables. In this paper, an extension theory based power transformer fault diagnosis method is presented. Extension theory tries to solve contradictions and incompatibility problems. This paper first briefly introduces the basic concept of matter element theory, establishes the matter element models for three-ratio method, and then briefly discusses extension set theory. Detailed analysis is carried out on the extended relation function (ERF) adopted in this paper for transformer fault diagnosis. The detailed diagnosing steps are offered. Simulation proves that the proposed method can overcome the drawbacks of the conventional three-ratio method, such as no matching and failure to diagnose multi-fault. It enhances diagnosing accuracy.

Keywords: DGA, extension theory, ERF, fault diagnosis power transformers, fault diagnosis, fuzzy logic

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4888 Re-Victimization of Sex Trafficking Victims in Canada: Literature Review

Authors: Adrianna D. Hendricks

Abstract:

This paper examines the factors that contribute to the re-traumatization of victims of sex trafficking within the Canadian context. Sex trafficking occurring domestically in Canada is severely under-researched, stigmatized, and under-prosecuted, leading to the re-traumatization of victims by various levels of government. This is in part due to the Canadian criminal justice system unethically utilizing prostitution laws in cases of sex trafficking and partially due to the unaddressed stigmatization victims face within the justice system itself. Utilizing evidence from a current literature review, personal correspondence, and personal life experiences, this paper will demonstrate the need for victim involvement in policy reform. The current literature review was done through an academic database search using the terms: “Sex Trafficking, Exploitation, Canada”, with the limitation of articles written within the last five years and written within the Canadian context. Overall, from the results, only eight articles precisely matched the criteria. The current literature argues strongly and unanimously for more research and education of professionals who have close contact with high-risk populations (doctors, police officers, social workers, etc.) to protect both minors and adults from being sexually trafficked. Additionally, for women and girls who do not have Canadian citizenship, the fear of deportation becomes a barrier to disclosing exploitation experiences to professionals. There is a desperate need for more research done in tandem with survivors and victims to inform policymaking in a meaningful way. The researcher is a survivor of sex trafficking both as a youth and as an adult, giving the researcher a unique insight into the realities of the criminal justice system for victims of sex trafficking. Congruent to the current research, the author calls for standardized professional training for people in healthcare, police officers, court officials, and victim services, with the additional layer of victim involvement. Justice for victims/survivors can only be obtained if they have been consulted and believed. Without meaningful consultation with survivors, victims who are both minors and adults will continue to fall through the cracks in policy.

Keywords: Canadian policy, re-traumatization, sex-trafficking, stigmatization

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4887 Relevance of the Judgements Given by the International Court of Justice with Regard to South China Sea Vis-A-Vis Marshall Islands

Authors: Hitakshi Mahendru, Advait Tambe, Simran Chandok, Niharika Sanadhya

Abstract:

After the Second World War had come to an end, the Founding Fathers of the United Nations recognized a need for a supreme peacekeeping mechanism to act as a mediator between nations and moderate disputes that might blow up, if left unchecked. It has been more than seven decades since the establishment of the International Court of Justice (ICJ). When it was created, there were certain aim and objectives that the ICJ was intended to achieve. However, in today’s world, with change in political dynamics and international relations between countries, the ICJ has not succeeded in achieving several of these objectives. The ICJ is the only body in the international scenario that has the authority to regulate disputes between countries. However, in recent times, with countries like China disregarding the importance of the ICJ, there is no hope for the ICJ to command respect from other nations, thereby sending ICJ on a slow, yet steady path towards redundancy. The authority of the judgements given by the International Court of Justice, which is one of the main pillars of the United Nations, is questionable due to the forthcoming reactions from various countries on public platforms. The ICJ’s principal role within the United Nations framework is to settle peacefully international/bilateral disputes between the states that come under its jurisdiction and in accordance with the principles laid down in international law. By shedding light on the public backlash from the Chinese Government to the recent South China Sea judgement, we see the decreasing relevance of the ICJ in the contemporary world scenario. Philippines and China have wrangled over territory in the South China Sea for centuries but after the recent judgement the tension has reached an all-time high with China threatening to prosecute anybody as trespassers while continuing to militarise the disputed area. This paper will deal with the South China Sea judgement and the manner in which it has been received by the Chinese Government. Also, it will look into the consequences of counter-back. The authors will also look into the Marshall Island matter and propose a model judgement, in accordance with the principles of international law that would be the most suited for the given situation. Also, the authors will propose amendments in the working of the Security Council to ensure that the Marshal Island judgement is passed and accepted by the countries without any contempt.

Keywords: International Court of Justice, international law, Marshall Islands, South China Sea, United Nations Charter

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4886 Gender-Based Violence in Pakistan: Addressing the Root Causes

Authors: Hafiz Awais Ahmad

Abstract:

This paper aims to examine the root causes of gender-based violence (GBV) in Pakistan and proposes strategies to address this issue. Using a qualitative approach, this study analyzed data from various sources, including interviews with survivors of GBV and experts in the field. The findings revealed that GBV in Pakistan is deeply rooted in patriarchal attitudes and practices, economic insecurity, lack of education, and limited access to justice. The study recommends a multi-faceted approach to address GBV, including legislative reforms, awareness-raising campaigns, economic empowerment, and improved access to justice for survivors. Furthermore, the study highlights the importance of engaging men and boys in efforts to address GBV and promote gender equality. The findings of this study have important implications for policy-makers, practitioners, and researchers working towards ending GBV in Pakistan.

Keywords: gender-based violence, Pakistan, legislative reforms, advocacy

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4885 Stereotypical Perception as an Influential Factor in the Judicial Decision Making Process for Shoplifting Cases Presided over in the UK

Authors: Mariam Shah

Abstract:

Stereotypes are not generally considered to be an acceptable influence upon any decision making process, particularly those involving judicial decision making outcomes. Yet, we are confronted with an uncomfortable truth that stereotypes may be operating to influence judicial outcomes. Variances in sentencing outcomes are not easily explained away by criminological, psychological, or sociological theorem, but may be answered via qualitative research produced within the field of phenomenology. This paper will examine the current literature pertaining to the effect of stereotypes on the criminal justice system within the UK, and will also discuss what the implications are for stereotypical influences upon decision making in the criminal justice system. This paper will give particular focus to shoplifting offences dealt with in UK criminal courts, but this research has long reaching implications for the criminal process more generally.

Keywords: decision making, judicial decision making, phenomenology, shoplifting, stereotypes

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4884 Comprehensive Critical Review for Static and Dynamic Soil-Structure Interaction Between Winkler, Pasternak and Three-Dimensional Method of Buried Pipelines

Authors: N.E.Sam, S.R.Singh

Abstract:

Pipeline infrastructure are a valuable asset to the country that help in transporting fluid and gas from one place to another and contribute in keeping the country functioning both physically and economically. During seismic activity, additional loads are acted on the buried pipelines becoming a salient parameter to be studied in soil pipe interaction. Winkler Beam Theory is a commonly used approach for design of underground buried structures however this theory does not take into account shear and dynamic loading parameters in consideration. Shear can be addressed in Pasternak Theory – an improved model of Winkler Theory. However dynamic loading condition and horizontal displacement is not considered in either method. A comprehensive critical review between Winkler Beam Method, Pasternak Method and Three-Dimensional Method in finite element analysis is to be done in this paper for seismic forces. Study of the influence of depth and displacement of soil in correspondence to stiffness value and influence of horizontal displacement for design of underground structures is considered.

Keywords: finite element, pasternak theory, seismic, soil-structure interaction, three-dimensional theory, winkler theory

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4883 Understanding Narrative Transformations of Ebola in Negotiations of Epidemic Risk

Authors: N. W. Paul, M. Banerjee

Abstract:

Discussing the nexus between global health policy and local practices, this article addresses the recent Ebola outbreak as a role model for narrative co-constructions of epidemic risk. We will demonstrate in how far a theory-driven and methodologically rooted analysis of narrativity can help to improve mechanisms of prevention and intervention whenever epidemic risk needs to be addressed locally in order to contribute to global health. Analyzing the narrative transformation of Ebola, we will also address issues of transcultural problem-solving and of normative questions at stake. In this regard, we seek to contribute to a better understanding of a key question of global health and justice as well as to the underlying ethical questions. By highlighting and analyzing the functions of narratives, this paper provides a translational approach to refine our practices by which we address epidemic risk, be it on the national, the transnational or the global scale.

Keywords: ebola, epidemic risk, medical ethics, medical humanities

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4882 Reconsidering Curriculum: Educational Responses for Peace-Building in and outside the Classroom

Authors: S. Roman

Abstract:

This qualitative study used semi-structured interviews with three Canadian educators to examine peace-based pedagogies used in varied teaching contexts and the degree to which the teaching strategies implemented were aligned with goals of peace-keeping, peace-making or peace-building in the classroom. In this research, the teachers’ peace-oriented pedagogy was influenced by various strands of peace education theory, and as such shaped their conceptualization of ‘peace’. The study’s result shows that when educators implemented government-mandated curriculum, they worked around it and/or added content that increased opportunities for democratic peacebuilding. In addition, all three teachers also strengthened their peace-oriented practice by incorporating conflict resolution skills in and outside the classroom to augment a common social-justice oriented goal for peace-making and peace-keeping and made various distinctions around the conditions necessary for peace-building.

Keywords: citizenship, peace-building education, peace-building curriculum, pedagogy

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4881 The Plan for the Establishment of the Talent Organization of the United Nations

Authors: Hassan Kian

Abstract:

The future of millions of people and consequently, the future of societies and humanity is threatened by a great threat which is called wasted human resources. Perhaps Pasteur, Beethoven and Avicenna, Lavoisier and Einstein and millions of genius individuals and thinkers may have never been discovered and could not found a chance of being known due to various reasons such as poverty or social status, and other problems. So without being able to serve humanity, their talents are fully wasted. While, if a global mechanism exists to discover their talents in different countries and provide to them the right direction, during less than a generation, human society will face to a profound transformation and sustainable social justice will be formed as the basis of sustainable development of human resources. Therefore, the situation of the institution which organizes the affair of discovering and guiding talents was vacant at the level of the international community and its necessity has been felt. So in this plan, the establishment and development of such an organization have been suggested in the international context.

Keywords: talent identification, comparative advantage, sustainable justice, sustainable development

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4880 The Case for Reparations: Systemic Injustice and Human Rights in the United States

Authors: Journey Whitfield

Abstract:

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

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

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4879 Institutional Segmantation and Country Clustering: Implications for Multinational Enterprises Over Standardized Management

Authors: Jung-Hoon Han, Jooyoung Kwak

Abstract:

Distances between cultures, institutions are gaining academic attention once again since the classical debate on the validity of globalization. Despite the incessant efforts to define international segments with various concepts, no significant attempts have been made considering the institutional dimensions. Resource-based theory and institutional theory provides useful insights in assessing market environment and understanding when and how MNEs loose or gain advantages. This study consists of two parts: identifying institutional clusters and predicting the effect of MNEs’ origin on the applicability of competitive advantages. MNEs in one country cluster are expected to use similar management systems.

Keywords: institutional theory, resource-based theory, institutional environment, cultural dimensions, cluster analysis, standardized management

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4878 Conflict, Confusion or Compromise: Violence against Women, A Case Study of Pakistan

Authors: Farhat Jabeen, Syed Asfaq Hussain Bukhari

Abstract:

In the wake of the contemporary period the basic objective of the research paper points out that socio-cultural scenario of Pakistan reveals that gender-based violence is deep rooted in the society irrespective of language and ethnicity. This paper would reconnaissance the possibility reforms in Pakistan for diminishing of violence. Women are not given their due role, rights, and respect. Furthermore, they are treated as chattels. This presentation will cover the socio-customary practices in the context of discrimination, stigmatization, and violence against women. This paper envisages justice in a broader sense of recognition of rights for women, and masculine structure of society, socio-customary practices and discrimination against women are a very serious concern which needs to be understood as a multidimensional problem. The paper will specially focus on understanding the existing obstacles of women in Pakistan in the constitutional scenario. Women stumble across discrimination and human rights manipulations, voluptuous violation and manipulation including domestic viciousness and are disadvantaged by laws, strategies, and programming that do not take their concerns into considerations. This presentation examines the role of honour killings among Pakistani community. This affects their self-assurance and capability to elevation integrity campaign where gender inequalities and discrimination in social, legal domain are to be put right. This paper brings to light the range of practices, laws and legal justice regarding the status of women and also covers attitude towards compensations for murders/killings, domestic violence, rape, adultery, social behavior and recourse to justice.

Keywords: discrimination, cultural, women, violence

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4877 Self Determination Theory and Trauma Informed Approach in Women's Shelters: A Common Ground

Authors: Gamze Dogan Birer

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Women’s shelters provide service to women who had been subjected to physical, psychological, economical, and sexual violence. It is proposed that adopting a trauma-informed approach in these shelters would contribute to the ‘woman-defined’ success of the service. This includes reshaping the physical qualities of the shelter, contacts, and interventions that women face during their stay in a way that accepts and addresses their traumatic experiences. It is stated in this paper that the trauma-informed approach has commonalities with the basic psychological needs that are proposed by self-determination theory. Therefore, it is proposed that self-determination theory can be used as a theoretical background for trauma-informed approach

Keywords: self determination theory, trauma informed approach, violence against women, women's shelters

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4876 An Ab Initio Molecular Orbital Theory and Density Functional Theory Study of Fluorous 1,3-Dion Compounds

Authors: S. Ghammamy, M. Mirzaabdollahiha

Abstract:

Quantum mechanical calculations of energies, geometries, and vibrational wavenumbers of fluorous 1,3-dion compounds are carried out using density functional theory (DFT/B3LYP) method with LANL2DZ basis sets. The calculated HOMO and LUMO energies show that charge transfer occurs in the molecules. The thermodynamic functions of fluorous 1,3-dion compounds have been performed at B3LYP/LANL2DZ basis sets. The theoretical spectrograms for F NMR spectra of fluorous 1,3-dion compounds have also been constructed. The F NMR nuclear shieldings of fluoride ligands in fluorous 1,3-dion compounds have been studied quantum chemical.

Keywords: density function theory, natural bond orbital, HOMO, LOMO, fluorous

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4875 Legal Pluralism and Ideology: The Recognition of the Indigenous Justice Administration in Bolivia through the "Indigenismo" and "Decolonisation" Discourses

Authors: Adriana Pereira Arteaga

Abstract:

In many Latin American countries the transition towards legal pluralism - has developed as part of what is called Latin-American-Constitutionalism over the last thirty years. The aim of this paper is to discuss how legal pluralism in its current form in Bolivia may produce exclusion and violence. Legal sources and discourse analysis - as an approach to examine written language on discourse documentation- will be used to develop this paper. With the constitution of 2009, Bolivia was symbolically "re-founded" into a multi-nation state. This shift goes hand in hand with the "indigenista" and "decolonisation" ideologies developing since the early 20th century. Discourses based on these ideologies reflect the rejection of liberal and western premises on which the Bolivian republic was originally built after independence. According to the "indigenista" movements, the liberal nation-state generates institutions corresponding to a homogenous society. These liberal institutions not only ignore the Bolivian multi-nation reality, but also maintain the social structures originating form the colony times, based on prejudices against the indigenous. The described statements were elaborated through the image: the indigenous people humiliated by a cruel western system as highlighted by the constitution's preamble. This narrative had a considerable impact on the sensitivity of people and received great social support. Therefore the proposal for changing structures of the nation-state, is charged with an emancipatory message of restoring even the pre-Columbian order. An order at times romantically described as the perfect order. Legally this connotes a rejection of the positivistic national legal system based on individual rights and the promotion of constitutional recognition of indigenous justice administration. The pluralistic Constitution is supposed to promote tolerance and a peaceful coexistence among nations, so that the unity and integrity of the country could be maintained. In its current form, legal pluralism in Bolivia is justified on pre-existing rights contained for example in the International - Labour - Organization - Convention 169, but it is more developed on the described discursive constructions. Over time these discursive constructions created inconsistencies in terms of putting indigenous justice administration into practice: First, because legal pluralism has been more developed on level of political discourse, so a real interaction between the national and the indigenous jurisdiction cannot be observed. There are no clear coordination and cooperation mechanisms. Second, since the recently reformed constitution is based on deep sensitive experiences, little is said about the general legal principles on which a pluralistic administration of justice in Bolivia should be based. Third, basic rights, liberties, and constitutional guarantees are also affected by the antagonized image of the national justice administration. As a result, fundamental rights could be violated on a large scale because many indigenous justice administration practices run counter to these constitutional rules. These problems are not merely Bolivian but may also be encountered in other regional countries with similar backgrounds, like Ecuador.

Keywords: discourse, indigenous justice, legal pluralism, multi-nation

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4874 Investigating the Role of Organizational Politics in Human Resource Management: Effects on Performance Appraisal and Downsizing Decisions

Authors: Ibrahim Elshaer, Samar Kamel

Abstract:

Organizational politics (OP) has received a great deal of attention in the management literature due to its popularity, mystery, and potential advantages for those how can use it. It involves the use of power and social networks within an organization to promote interests and gain potential benefits. Its implication for human resource (HR) management decisions is heretofore one of its least studied aspects, and awaits further investigation. Therefore, it is our intention to investigate certain relations between organizational politics and the validity of HR decisions in addition to the expected dysfunctional consequences. The study is undertaken on two HR management practices- Performance appraisal (measured by the distributive justice scale) and downsizing- depending on data gathered from the hotel industry in Egypt; a developing Non-Western country, in which Political practices of HR management are common in public and private organizations. Data was obtained from a survey of 600 employees in the Egyptian hotel industry. A total of 500 responses were attained. 100 uncompleted questionnaires were excluded leaving 400 usable with response rate of around 80%. Structural equation modeling (SEM) was employed to test the causal relationship between the research variables. The analysis of the current study data reveals that organizational politics is negatively linked to the perception of distributive justice of performance appraisal, additionally, the perception of distributive justice in performance appraisal is positively linked to the perception of validity in the downsizing decisions and finally the perception of OP is negatively linked to the perception of downsizing decisions validity. This study makes three important contributions. First although there have been several studies on OP, the majority of these studies have focused on examining its effect on employees’ attitudes in workplace. This empirical study helps in identifying the influence of OP on the effectiveness and success of HR decisions and accordingly the organizational system. Second, it draws attention to OP as an important phenomenon that influence HR management in hospitality industry, since empirical evidences concerning OP in the hospitality management literature are meager. Third, this study contributes to the existing downsizing literature by examining OP and low distributive justice as challenges of the effectiveness of the downsizing process. Finally, to the best of the authors’ knowledge, no empirical study in the tourism and hospitality management literature has examined the effect of OP and distributive justice on the workplace using data gathered from the hotel industry in Egypt; a developing non-Western setting.

Keywords: organizational politics, performance appraisal, downsizing, structural equation modeling, hotel industry

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4873 Buckling Behavior of FGM Plates Using a Simplified Shear Deformation Theory

Authors: Mokhtar Bouazza

Abstract:

In this paper, the simplified theory will be used to predict the thermoelastic buckling behavior of rectangular functionally graded plates. The material properties of the functionally graded plates are assumed to vary continuously through the thickness, according to a simple power law distribution of the volume fraction of the constituents. The simplified theory is used to obtain the buckling of the plate under different types of thermal loads. The thermal loads are assumed to be uniform, linear, and non-linear distribution through the thickness. Additional numerical results are presented for FGM plates that show the effects of various parameters on thermal buckling response.

Keywords: buckling, functionally graded, plate, simplified higher-order deformation theory, thermal loading

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4872 Linking Business Owners’ Choice of Organizational Form to Appraisers’ Determination of Value: An Agency Theory Perspective

Authors: Majdi Anwar Quttainah, William Paczkowski, Ali Muhammad

Abstract:

Determining the value of a privately held firms confound those in academia as well as practitioners in the fields of appraisal, forensic accounting, and law. Divergent parties to the transfer look to apply the valuation technique to serve their own best interests. This paper seeks to explore how agency theory induces owners to choose the form of their businesses at inception and how this choice will affect the appraisers’ valuation of the firm at the transfer of ownership.

Keywords: organizational form, agency theory, value

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4871 Internet of Things Professional Construction Building through the School-Enterprise Cooperation

Authors: Jumin Zhao, Na Li, Dengao Li, Yujuan Yan

Abstract:

As the rapid rise of the networking industry, the shortage of Internet of Things (IoT) talented people greatly stimulates the majority of colleges to speed up the pace of professional networking reform. Caused by the construction of the original specialty, many problems appear such as the vague specialty, the mixed theoretical, the poor practical ability and the different goal. To solve the issues above, we build a ‘theory-practice-theory-improvement’ four-step model of school-enterprise integration of personnel training. Besides, we integrate the advanced teaching philosophy: flip class and Mu class, making IoT teaching more professional and the ability of students more comprehensive.

Keywords: IoT, theory-practice-theory-promotion, major construction, school-enterprise cooperation

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4870 Inter Religion Harmony and World Peace: Theory from Shah Wali Ullah's Philosophy

Authors: Muhammad Usman Ghani

Abstract:

Religious tolerance is essential for the establishment of peace in the world. In the system created by Almighty Allah where a lot of diversity is found, still, this world holds unity itself. In today's world, human beings have been divided into clashes of civilizations or divided on the basis of religions or lingual differences. A religious scholar of Indo- Pak subcontinent describes four ethics, on the basis of which all religions of the world can unite. He says in his philosophy of religion that, there is a number of elements common in all religions but four are very common and they are: cleanliness, nobel deeds, relation to Almighty (existence of Almighty) and justice. He says that this universe also holds its integrity in itself. All humans are different in their attributes but to be a human being is common in them. Similarly, all species of the universe are different in their nature, but to be the creature of God is commonly shared by all of them.

Keywords: inter-religious relation, peace and harmony, unity, four common ethics/virtues

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