Section 75 of the Criminal Justice Act (CJA) of 2003 overturned the principle in English law that a person cannot be retried for an offense of which he has been acquitted, recognizing advances in forensic science that uses modern analysis of DNA in adducing in evidence. The special plea of autrefois acquit can be overturned based on finding of compelling evidence after a previous acquittal of a suspect who can now be tried again for the same offense. The double jeopardy (...) arises only after a lawful acquittal or autrefois convict of the accused for the first offense and these principles have allowed exceptions to the rule against double jeopardy developed by the courts. There is an analogous rule in common law courts based on the unreasonable splitting of the case when there is a severing of indictments which overrides the bar on the accused being retried for the same offense. This paper examines the difficulty of trying a defendant fairly in the English courts when the defense has pleaded an abuse of process and there is no clear overall argument for trial. This question needs an appraisal of legal ethics in criminal courts because a retrial of the accused on the same charge breaches the autrefois acquit doctrine, and severing of an indictment can cause the fair trial process to be undermined. (shrink)

The rule against bias is a central tenet of English law and it also impacts on collegiate courts which typically exercise appellate/review jurisdictions over their professional or student members. This is true of the Bar Standards Board which has established the adjudicatory bodies to enforce its regulatory framework and has vested the procedure of fair trials upon the Council of the Inns of Court which is responsible for appointing the Disciplinary Tribunal panels that conduct hearings for professional misconduct. The COIC (...) has been exposed for ‘irregularities’ in the findings of guilt against barristers who have been adjudged by non-qualified judges. In R v Visitors to the Inns of Court and Ors [2014] EWCA Civ 1630, the Court of Appeal ruled that a disciplinary tribunal or a panel of visitors appointed from barristers or lay representatives outside its pool of enrolled judges would still ensure independence and guarantee freedom from outside pressure. The impugned tribunal members who were not entitled to sit nevertheless had authority to act as de facto judges. This part of the ruling reinforces the regulatory bodies inherent power to appoint its own tribunal to adjudicate and it needs a more rigorous application of natural justice principle on the part of the BSB. (shrink)

The Communist Manifesto’s salient point was set out in Critics of the Gotha Program as “From Each According to Their Abilities, to Each According to Their Needs”. The demise of communism in the former Soviet Union has caused its critics to claim that ‘revolutionary’ political theory has no basis for legal or philosophical development. The contention of those who oppose radical socialism achieved by the levelling of the classes proclaim that this is an unattainable goal. They argue that a ‘withering (...) of the state’ is not possible for the implementation of Marx’s theory because of the centralisation that is inevitable in socialism which leads to an aggregate of relationships that redistributes power at the apex of the hierarchy. However, this appraisal has to be viewed with reference to the adoption by Marxists of socio legal theory as an analytical tool that has spawned arguments based on legal realism. This article examines the construction of these arguments within the sociology of law and looks at the inception of critical race theory which projects historical injustices towards a racial minority and seeks to transform society by exposing law as an instrument of oppression. (shrink)

PurposeThis study aimed to apply “multi-criteria decision approach and attitude-change theory” to examine post-COVID-19 impact on entrepreneurial mindset by investigating the link between entrepreneurs social capital and entrepreneurial success. Specifically, this study analyzed entrepreneurs' dispositional factor as an underlying mechanism to bridge trust and entrepreneurial success. Furthermore, it also analyzed entrepreneurs' situational factor as boundary condition.Design/methodology/approachWe applied time-lagged data collection from 505 industrial entrepreneurs. Survey method was used for data collection. A 7-point Likert scale was used for the respondent response. (...) Hayes developed PROCESS models 4 and 7 were used to test the hypothesis.FindingsThe direct impact of trust on three elements of the ecosystem was found significantly positive on both startup behavior and entrepreneurial success. The direct impact of startup behavior on entrepreneurial success is also significantly positive. The impact of startup behavior on indirect mediation between trust and entrepreneurial success is visibly positive. The moderated and moderated mediation impact of entrepreneurial strategy found positively significant at low and medium values. However, this study found an insignificant moderated impact at high values of entrepreneurial strategy between trust on media and startup behavior. Furthermore, this study also found insignificant moderated mediation impact at high values of entrepreneurial strategy by interacting with two elements of ecosystem through startup behavior on entrepreneurial success.Originality/valueThe authors suggested that startup behavior is an underlying mechanism through which industrial entrepreneurs trust achieved desired entrepreneurial success. The authors also suggested that the influencing role of “low level of entrepreneurial strategy” in comparison with “high level entrepreneurial strategy” is more helpful to achieve entrepreneurial success.ImplicationsThis study contributed to the literature on entrepreneurial strategy for its conditional indirect moderated impact on startup behavior and moderated mediation impact on firm entrepreneurial success. It also contributed to owners of the manufacturing industry for their startup behavior as an underlying mechanism through which trust influences entrepreneurial success. (shrink)

This essay reviews the 38th International Conference of the Husserl Circle held at Marquette University, Wisconsin through an elaboration of the three major themes covered at the conference as well as providing a critical perspective on works presented.

Progress in psychological science can be limited by a number of factors, not least of which are the starting assumptions of scientists themselves. We believe that some influential accounts of autism rest on a questionable assumption that many of its behavioral characteristics indicate a lack of social interest – an assumption that is flatly contradicted by the testimony of many autistic people themselves. In this article, we challenge this assumption by describing alternative explanations for four such behaviors: low levels of (...) eye contact, infrequent pointing, motor stereotypies, and echolalia. The assumption that autistic people's unusual behaviors indicate diminished social motivation has had profound and often negative effects on the ways they are studied and treated. We argue that understanding and supporting autistic individuals will require interrogating this assumption, taking autistic testimony seriously, considering alternative explanations for unusual behaviors, and investigating unconventional – even idiosyncratic – ways in which autistic individuals may express their social interest. These steps are crucial, we believe, for creating a more accurate, humane, and useful science of autism. (shrink)

This article argues that there has been a significant turn in the discourse of feminist politics in the Islamic Republic of Pakistan. The author suggests that the rise of a new feminism – rooted in Islamic discourse, non-confrontational, privatized and personalized, whose objective is to ‘empower’ women within Islam – is not a post-9/11 development but rather a result of unresolved debates on the issue of religion within the progressive women's movement. It has been due to the accommodation of religion-based (...) feminist arguments by the stronger secular feminist movement of the 1980s that paved the way for its own marginalization by giving feminist legitimacy to such voices. The author argues that the second wave of feminism may have become diluted in its effectiveness and support due to discriminatory religious laws, dictatorship, NGO-ization, fragmentation, co-option by the state and political parties in the same way as the global women's movement has. Yet it has been the internal inconsistency of the political strategies as well as the personal, Muslim identities of secular feminists that have allowed Islamic feminists to redefine the feminist agenda in Pakistan. This article voices the larger concern over the rise of a new generation of Islamic revivalist feminists who seek to rationalize all women's rights within the religious framework and render secular feminism irrelevant while framing the debate on women's rights exclusively around Islamic history, culture and tradition. The danger is that a debate such as this will be premised on a polarized ‘good’ vs ‘bad’ Muslim woman, such that women who abide by the liberal interpretation of theology will be pitted against those who follow a strict and literal interpretist mode and associate themselves with male religio-political discourse. This is only likely to produce a new, radicalized, religio-political feminism dominating Pakistan's political future. (shrink)

Advertising, a form of publicity, can pass on a social message so that people understand their sobligation towards society. The purpose of this study was to look into how consumers responded to socially conscious advertisements. This study conceptualizes the antecedents of attitude towards commercial advertisements that incorporate the social message, including advertising creativity, informativeness, and emotional appeal; each one can influence consumers' behavior. This study also examined the relationship between (i) Attitude towards the ad with a social message and purchase (...) intention of the consumer and (ii) Purchase intention of the consumer and subjective well-being. The interrelationships in the proposed model were investigated using structural equation modeling (SEM). A quantitative survey of university students was conducted in order to gather the data, which was based on an experiment. A field survey of 395 students was conducted to test the hypotheses. The results of the empirical tests confirm that attitude towards the advertisement positively affects the purchase intention of the consumer and that advertising creativity and emotional appeal are the key predictors of attitude towards the advertisement that highlights a social issue. And, purchase intention positively influences the subjective well-being of the consumers. This paper contributes to the theory by giving new insight into the advertising literature. It also provides the necessary knowledge to marketers and advertisers on commercial advertisements incorporating a social message and the subjective well-being of consumers. (shrink)

A compelling argument of how human health is adversely affected by our poor treatment of non-human animals. The author contents that in order to successfully confront the 21st Century's health challenges, we need to broaden the definition of the word 'public' in public health to include non-human animals.

Background The post-trial period is the time period after the end of study drug administration. It is unclear whether post-trial arrangements for patient surveillance are routinely included in study protocols and consents, and whether research ethics boards (REB) consider the post-trial period. Objectives The objective was to determine whether trial protocols and consent forms reviewed by the REB describe procedures for post-trial period surveillance. Methods An observational study of protocols of randomised trials of chronic therapies for cardiac conditions, approved by (...) the REB of two academic institutions affiliated with the University of Toronto in Canada (University Health Network and Mount Sinai Hospital) from 1995 to 2007. Plans for patient surveillance in the post-trial period described in the protocol or in the consent form before and after REB approval were recorded. Results 42 studies were identified including 18 heart failure and 15 coronary artery disease trials. Only four studies planned a clinical visit after trial termination, and an additional three planned a telephone contact after trial completion. Five trials submitted consent forms to the REB with a discussion of the post-trial period. Conclusions The majority of protocols and consent forms did not discuss plans for post-trial period surveillance. The post-trial period and the REB approval process could be improved by systematic follow-up being described in the protocol and consent form. The small number of trial protocols evaluated in the study may impair the degree to which the results can be generalised. (shrink)

Multi-level institutional designs with distributed power and authority arrangements among federal, state, regional, and local government agencies could lead to the emergence of differential patterns of socioeconomic and infrastructure development pathways in complex social–ecological systems. Both exogenous drivers and endogenous processes in social–ecological systems can lead to changes in the number of “basins of attraction,” changes in the positions of the basins within the state space, and changes in the positions of the thresholds between basins. In an effort to advance (...) the theory and practice of the governance of policy systems, this study addresses a narrower empirical question: how do intergovernmental institutional rules set by federal, state, and regional government agencies generate and sustain basins of attraction in funding infrastructure projects? A pattern-oriented, agent-based model (ABM) of an intergovernmental network has been developed to simulate real-world transportation policy implementation processes across the federal, the state of Vermont, regional, and local governments for prioritizing transportation projects. The ABM simulates baseline and alternative intergovernmental institutional rule structures and assesses their impacts on financial investment flows. The ABM was calibrated with data from multiple focus groups, individual interviews, and analysis of federal, state, and regional scale transportation projects and programs. The results from experimental simulations are presented to test system-wide effects of alternative multi-level institutional designs, in particular different power and authority arrangements between state and regional governments, on the emergence of roadway project prioritization patterns and funding allocations across regions and towns. (shrink)

Despite the seemingly widespread agreement that racial and ethnic immigration criteria are always wrong, some cases seem potentially permissible and, in particular, do not seem to wrong either disfavored members or nonmembers. I demonstrate that an “antidiscrimination” approach to understanding when and why discrimination is wrong provides a compelling general explanation for this. The explanation’s key ingredient is the concept of global social status: many groups sharing a race or ethnicity have a social status beyond, and that can differ from, (...) their status in a particular state. (shrink)

Whilst considerable research exists on determining consumer responses to pre-determined statements within numerous ad ethics contexts, our understanding of consumer thoughts regarding ad ethics in general remains lacking. The purpose of our study therefore is to provide a first illustration of an emic and informant-based derivation of perceived ad ethics. The authors use multi-dimensional scaling as an approach enabling the emic, or locally derived deconstruction of perceived ad ethics. Given recent calls to develop our understanding of ad ethics in different (...) cultural contexts, and in particular within the Middle East and North Africa (MENA) region, we use Lebanon—the most ethically charged advertising environment within MENA—as an illustrative context for our study. Results confirm the multi-faceted and pluralistic nature of ad ethics as comprising a number of dimensional themes already salient in the existing literature but in addition, we also find evidence for a bipolar relationship between individual themes. The specific pattern of inductively derived relationships is culturally bound. Implications of the findings are discussed, followed by limitations of the study and recommendations for further research. (shrink)

This paper seeks to analyse the concept of atmosphere in the philosophical system of Hermann Schmitz, the founder of New Phenomenology, as a fundamental concept for understanding his philosophical system; he uses this concept to transcend the duality of subject-object as well as to show the hidden realities and the foundations of lived experience of reality, by looking at how phenomenological analysis is revealed. Beside being used in sciences such as physics, meteorology, and psychology, the term also refers to the (...) atmosphere as a concrete phenomenon; it is also an evidence of his understanding the phenomenology and reformulating it. This paper aims to show the connection between the concept of the felt-body (Leib), as the theoretical core of his work, and space and emotion as other key concepts in his philosophical system, by using the structural analysis of the concept and the phenomen of atmosphere.The result of the analysis in this paper shows the special place of the concept of atmosphere in Schmitz's philosophical system and its prominent role in establishing his method of New Phenomenology. (shrink)

Islamic philosophy; Ismailites; doctrines.

If states have the moral authority to decide their memberships by denying citizenship, I argue that they may also strip citizenship, from law-abiding members, for the same reasons. The only real difference is that when states revoke citizenship they may need to compensate people for their prior contributions, but that is not unlike what frequently occurs in divorce. Once just termination rules are established, stripping citizenship could become, like divorce, an everyday event. Partly because of this implication, we should reject (...) the membership authority of states. (shrink)

Although the role of leadership in fostering employee creativity has been extensively studied, it is still unclear whether and how leader humor affects employee creativity. Drawing upon cultural representation theory, we examined creative self-efficacy as a mediator and traditionality as a situational factor in the relationship between leader humor and employee creativity by analyzing a sample of 306 employees and 88 leaders collected through survey questionnaire from firms based in Hubei Province, China, covering the industries of automobile, IT, and medicine. (...) Following the multi-level examination, leader humor was positively related to employee creativity, and creative self-efficacy was found to mediate the impact of leader humor on employee creativity. Furthermore, traditionality moderated the effect of leader humor on creative self-efficacy, as well as the indirect effect of leader humor on employee creativity through creative self-efficacy. This study provides a social psychological explanation for the association between humor and employee creativity, deepens the current understanding of the influence process of leader humor. Finally, the theoretical and practical implications of the study are discussed at the end alongside limitations and recommendations for future research. (shrink)

This book is concerned with the rationality and plausibility of the Muslim faith and the Quran, and in particular how they can be interrogated and understood through western analytical philosophy. It also explores how Islam can successfully engage with the challenges posed by secular thinking. The Quran and the Secular Mind will be of interest to students and scholars of Islamic philosophy, philosophy of religion, Middle East studies, and political Islam.

Most challenges to immigration restrictions have not shown that states lack a claim-right to exclude, or a moral right against outside interference to make membership decisions. And an important, unexamined aspect of the claim-right is that states have the right against interference to wrongfully exclude, or the right to do wrong when making admission decisions. A major implication of this right is that even political or economic measures to affect states’ immigration policies are off the table – significantly compromising the (...) prospect of meaningfully addressing the world’s growing refugee crisis. In the form of a reductio argument, I provide reason to reject this position. Specifically, I try to demonstrate that, in the relevant cases, a plausible moral defense for the right to wrongfully exclude can only be given for states with objectionable character – protecting the very states whose immigration policies we should be most concerned with, which is surely morally counterintuitive. (shrink)

In today’s modern world, globalization has increased competition among the organizations. In order to meet competition every organization require high skilled work force. Organizations are becoming more dependent on skilled work force. Increase in competition has also been increasing the stress on employees that is causing hi gh turnover in organization. Increase in employee turnover and unavailability of skilled work force has an indispensable question on the future growth of organizations. Every organization has two ways to tackle this situation either (...) to hire person for the vacant key position from outside or to promote employee within the organization. The Study aims to analyze the impact of succession planning on organizational growth and association of gender variation with growth of organization. A survey of 300 persons doing an official task under the management, were interviewed through questionnaire based on five points Likert scale and developed through pilot study. Convenience sampling was used to draw the sample including 150 males and 150 females. Logistic regression was used to calculate impact of succession planning on organizational growth. Result of the study reveals effective succession plan can help the organization to meet desire objectives. It has significant positive impact of 2.5 times on growth of organization by increasing number employees through accurate hiring and by retaining key personnel on key position. Study also concludes, gender variation has no association with growth of organization. (shrink)

While emancipatory ethical social media campaigns play an imperative role for fostering relationship and facilitating peace, limited research has examined the motivational response from peace-promoting viral videos. This research scrutinizes the effects of a viral video titled “Peace Anthem”: a mash-up between Pakistani and Indian national anthems, performed by famous artists and broadcasted in the wake of Independence Day in India and Pakistan. We examine the effect of listening to the anthem medley on relationship harmony using a longitudinal study design (...) and contribute to the burgeoning body of knowledge on peace music and relational musicology fostering relationship harmony. Study 1, consisting of 1048 cases, determines the effects of the likeability of the “Peace Anthem” and education on relationship harmony, and it also examines the moderating role of education. Study 2 with 605 cases investigates the persistency of these effects over time. The results demonstrate significant relationships between the likeability of the “Peace Anthem” and education with relationship harmony, as well as validate the moderating role of education. Although these effects decrease over time, there are noteworthy changes that consequently call for the persistence of ethical social media campaigns for stimulating peace. We discuss the policy implications of these findings and conclude with study limitations and recommendations for further research. (shrink)

This book is a multi-faceted attempt to understand the psychological mysteries of land, space, native cultures, changing eras, and geographical dislocation. It shows us that many remote and seemingly peaceful areas of the world have their own dark and silent pasts in which their original inhabitants were often brutally wiped out. Weaving history, geography, myth, philosophy, and psychoanalysis together, this book tries to understand why such atrocities were committed, how those subjected to these 'crimes' might have perceived them, and what (...) are the long-term, trans-generational consequences of these historical events. (shrink)

Bound-constrained optimization has wide applications in science and engineering. In the last two decades, various evolutionary algorithms were developed under the umbrella of evolutionary computation for solving various bound-constrained benchmark functions and various real-world problems. In general, the developed evolutionary algorithms belong to nature-inspired algorithms and swarm intelligence paradigms. Differential evolutionary algorithm is one of the most popular and well-known EAs and has secured top ranks in most of the EA competitions in the special session of the IEEE Congress on (...) Evolutionary Computation. In this paper, a customized differential evolutionary algorithm is suggested and applied on twenty-nine large-scale bound-constrained benchmark functions. The suggested C-DE algorithm has obtained promising numerical results in its 51 independent runs of simulations. Most of the 2013 IEEE-CEC benchmark functions are tackled efficiently in terms of proximity and diversity. (shrink)

What was the relationship between government and religion in Middle Eastern history? In a world of caliphs, sultans, and judges, who exercised political and religious authority? In this book, Ali Humayun Akhtar investigates debates about leadership that involved ruling circles and scholars of jurisprudence and theology. At the heart of this story is a medieval rivalry between three caliphates: the Umayyads of Cordoba, the Fatimids of Cairo, and the Abbasids of Baghdad. In a fascinating revival of Late Antique Hellenism, (...) Aristotelian and Platonic notions of wisdom became a key component of how these caliphs debated their authority as political leaders. By tracing how these political debates impacted the theological scholars and their own conception of communal guidance, Akhtar offers a new picture of premodern political authority and the connections between Western and Islamic civilizations. It will be of use to students and specialists of the premodern and modern Middle East. (shrink)

Arrogance as a specific constellation of affect, fantasy, and behavior has received little attention in psychoanalysis. This is striking in light of the enormous amount of literature accumulated on the related phenomenon of narcissism. Rectifying this omission, the book in your hands addresses arrogance from multiple perspectives. Among the vantage points employed are psychoanalysis, evolutionary psychology, cross-cultural anthropology, fiction, as well as clinical work with children and adults. The result is a harmonious gestalt of insight that is bound to enhance (...) the clinician's attunement to the covert anguish of those afflicted with arrogance. (shrink)

The contributors to the book discuss the depth-psychological concepts of amae and wa, the Ajase complex, and the filial piety complex, underscoring the ...