The presumption of innocence undergirds the American criminal justice system. It is so fundamental that it is derived from the concepts of due process and the importance of a fair trial. An informed, historical understanding of the interaction between the presumption of innocence and key tenets of due process can help clarify the meaning and application of the presumption of innocence in the modern day. Due process, as developed throughout English and US. Colonial history leading up to the formation of (...) the US. Constitution, has two important implications. First, due process provides a general guarantee of liberty against punishment or imprisonment without a fair trial. Second, due process requires that a jury, as opposed to a judge, determine the factual guilt of a defendant at trial. These two key tenets were historically fundamental to due process and should guide how the presumption of innocence impacts various stages of trial, including pretrial detention decisions and sentencing. Returning to a historical understanding of due process requires that judges not determine facts or punish individuals before a trial has occurred. (shrink)

Background Workplace Incivility is a common issue in the nursing profession. Nurses who are affected by such behaviors may experience distress. Objectives This study aimed to assess the relationship between workplace incivility and nurses’ professional quality of life. Research design This cross-sectional correlational study was conducted in 2021 in “Tehran”. Data were collected using a demographic questionnaire, the Nursing Incivility Scale (NIS), and the Professional Quality Of Life scale (ProQOL). Data analysis was performed through the Pearson correlation and multiple linear (...) regression, using the SPSS v.16. Participants and research context Participants were 200 nurses randomly recruited from selected hospitals of “TUMS”. Ethical considerations The study obtained research ethics approval and all participants were informed of the voluntary and anonymous nature of their participation. Findings The mean age of participants was 32.30 ± 7.22, and 76.5% were female. There was a significant correlation between the professional quality of life and workplace incivility ( r = −0.23, p =.001). Multiple regression analysis between the subscales of workplace incivility and professional quality of life demonstrated that the incivility from the supervisor ( β = −0.29, p =.001) and incivility from patients ( β = −0.27, p <.001) can predict the compassion satisfaction dimension. The incivility from the supervisor ( β = 0.24, p =.001) and incivility from patients ( β = 0.26, p <.001) can explain burnout. The incivility of the patients can explain secondary traumatic stress ( β = 0.14, p =.02). Conclusion This study showed that workplace incivility is significantly related to professional quality of life. Therefore, the reduction of behaviors of incivility can lead to the improvement of the professional quality of life. (shrink)

Source: Author: Shima Peimanfard, Mohsen Hanif This essay sets out to study the function of hybridity and mimicry in Jean Rhy’s acclaimed novel Wide Sargasso Sea drawing on Homi K. Bhabha’s theoretical framework in this regard. In this novel, Antoinette emerges as the “Other” who aims to prove herself to the “Centre”. Undergoing extreme sufferings, the heroine wistfully ponders mimicry as an impulse to break out of her mare’s nest and to establish herself within one culture. Indeed, unlike what (...) Bhabha believes mimicry cannot upset the total authority of the “Centre”. Meanwhile, Antoinette used it as a result of her longings for the position of the “Centre” which she is unable to attain because of her hybrid existence. Countering Homi K. Bhabha’s central argument, this essay contends that Antoinette’s mimicry of Englishness fails to fend off the norms of the superior power, but partakes in celebrating the very ideals that Bhabah’s theory is trying to keep at bay. ]]>. (shrink)

This book examines key issues in gender equality and corporate social responsibility in Japan. Legal compliance, the business case and social regulation are examined as driving factors for enhancing gender equality in corporations. In turn, case studies from various contexts, such as the hotel industry, retail and financial services companies add practical insights to the theoretical debate. The role of governments, NGOs and supranational organizations is examined as well. Given its scope, the book will appeal to undergraduate and graduate students, (...) scholars, policymakers and practitioners interested in advancing the gender, CSR and sustainability debates. (shrink)

We approach the problem of the extended mind from a radically non-dualist perspective. The separation between mind and matter is an artefact of the outdated mechanistic worldview, which leaves no room for mental phenomena such as agency, intentionality, or feeling. We propose to replace it by an action ontology, which conceives mind and matter as aspects of the same network of processes. By adopting the intentional stance, we interpret the catalysts of elementary reactions as agents exhibiting desires, intentions, and sensations. (...) Autopoietic networks of reactions constitute more complex super-agents, which moreover exhibit memory, deliberation and sense-making. In the specific case of social networks, individual agents coordinate their actions via the propagation of challenges. The distributed cognition that emerges from this interaction cannot be situated in any individual brain. This non-dualist, holistic view extends and operationalises process metaphysics and Eastern philosophies. It is supported by both mindfulness experiences and mathematical models of action, self-organisation, and cognition. (shrink)

Divine Motivation theory is an ethical theory with a theological foundation, attempting to explain the relation between religion and morality in the context of Christian theology with emphasizing on neo-Aristotelian and motivation-based ethics. This theory that is presented by Linda Zagzebski, provides a new form of virtue ethics that God's motives, especially that of love, are foundations of moral life and these motivational states are considered ontologically and explanatorily the basis for all moral properties and values. This theory uses five (...) steps to advance its destination. In the first step, this theory proves the personhood of God. In the second step, it argues that God has perfect virtues and motives. In the third step, it shows that God's motive in the Creation is motive of love that is the central and fundamental divine motive. In the fourth step, it discusses the doctrine of imitatio Dei and focuses on the problems of this doctrine. In the last step, it attempts to link this doctrine to the doctrine of the incarnation to resolve its problems. (shrink)

In this article we consider certain elements of the normative theory of Jürgen Habermas in the light of the proposals of Bruce Ackerman, with a view to strengthening a concept of deliberative democracy applied to the legitimation of juridical rules. We do not construct a hierarchy of the two positions, but seek to bring together certain elements to achieve a common project. As the starting point for examining the work of the two authors, we take the scheme proposed by Habermas (...) in Faktizität und Geltung. In this connection, through the work of Ackerman, we intend to fill in some of the gaps that Habermas appears to have left in the theory of radical democracy applied to the law. The work of Ackerman can make a significant contribution to deliberative democracy, to the discourse principle that Habermas defines, and to the contractualist theories from a liberal perspective. The study of these contributions makes possible a critical judgment that enables the legitimation of juridical rules carried out by Habermas to acquire greater practicity. In examining the epistemological status of juridical science and law, we attempt to determine the weight and the performance of normative democracy. In Tarr's view, it is a matter for philosophers to examine direct democracy and its desirability. (shrink)

Background: Dignity is a fundamental concept that has been threatened by the COVID-19 pandemic. Several factors threaten the dignity of COVID-19 patients, whether in palliative care departments, medical or surgery wards, intensive care units, or long-term care facilities. This threat is exacerbated by the increasing number of affected patients, the high transmission of the virus and problems such as limited resources, shortage of workforce, and ineffective communication. Recognizing the threats and challenges that currently affect the patients’ dignity and managing them (...) can help maintain the patients’ dignity and increase their satisfaction. Research objective: This study seeks to explain the threats to the dignity of hospitalized COVID-19 patients. Research design: This qualitative study was conducted using conventional content analysis. Data were collected through in-depth, semi-structured, face-to-face interviews with 21 COVID-19 patients with maximum variation. Data were analyzed using Graneheim and Lundman’s conventional content analysis and encoded with MAXQDA-10 software. The participants had already recovered from COVID-19 when the interviews were held. Ethical considerations: The study protocol was approved by the Research Ethics Committee of medical universities in northwestern Iran (IR.UMSU.REC.1399.345). Ethical principles were observed during the study. Findings: The analysis of the interviews revealed three main categories and 11 subcategories for the threats to the dignity of COVID-19 patients. The main categories included facing imposed conditions (five subcategories), facing unprofessional performance (four subcategories), and ineffective communication (two subcategories). Conclusion: The findings of the present study can help health officials and policymakers in taking positive steps to maintain patients’ dignity by designing and implementing beneficial programs. (shrink)