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2021

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Aestheticized Tragedy (Karuṇarasa) As An Intellectual Virtue, Lisa Widdison Dec 2021

Aestheticized Tragedy (Karuṇarasa) As An Intellectual Virtue, Lisa Widdison

Comparative Philosophy

In contemporary virtue epistemology, responsibilist intellectual virtues in the tradition of Aristotle's moral theory are acquired character traits involving a motivational component and a success component. The motivational component is an emotion that regulates inquiry but which would ordinarily, and problematically, carry bias. In order to monitor the patterns of fallibility in emotions, reflection can correct beyond perceptual errors or logical fallacies. Emotions which survive reflection are less partial and hold more epistemic valance than egotistical emotions. Since the framework of virtue epistemology might be at a loss for monitoring emotions reflectively, given the fact emotions operate rapidly and tend …

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Sameness, Difference And Environmental Concern In The Metaphysics And Ethics Of Spinoza And Chan Buddhism, Michael Hemmingsen Dec 2021

Sameness, Difference And Environmental Concern In The Metaphysics And Ethics Of Spinoza And Chan Buddhism, Michael Hemmingsen

Comparative Philosophy

In this paper I contrast the metaphysical philosophies of Benedict de Spinoza and the ‘sudden enlightenment’ tradition of Chan Buddhism. Spinoza’s expressivist philosophy, in which everything can be conceived via a lineage of finite causes terminating in substance as a metaphysical ground of all things, emphasises the relative sameness of all entities. By contrast, Chan’s philosophy of emptiness, which rests on the dependent co-origination of all entities, renders such comparison fundamentally meaningless. Having no source beyond dependent co-origination to generate a thing’s distinct nature leads to a metaphysics in which, rather than being relatively similar or different, all things …

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The Yi-Jing Cosmic Model As A Framework For Comparative Philosophy, Harry Donkers Dec 2021

The Yi-Jing Cosmic Model As A Framework For Comparative Philosophy, Harry Donkers

Comparative Philosophy

Based on the symbolism of the trigrams, the Yi-Jing cosmic model offers possibilities in a coordinate system with eight octants to discuss different philosophical developments in parallel. It forms a framework for further elaboration of theory and methodology of comparative philosophy. This paper is restricted to extracting, analyzing and comparing common features from the perspectives of the Yi-Jing model. Achieving harmony is the subject of a new paper under construction. The philosophical developments in the quadrants, Naturalism, Moralism, Rationalism and Humanism, are characterized by a fundamental difference between subject and object. This difference remains intact in the octants, but specified …

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Appearance And Momentariness: The Nature Of Being Between Nāgārjuna, The Sarvāstivādins And Neo-Parmenidism, Federico Divino Dec 2021

Appearance And Momentariness: The Nature Of Being Between Nāgārjuna, The Sarvāstivādins And Neo-Parmenidism, Federico Divino

Comparative Philosophy

In this article I will try to demonstrate the existence of points in common between the eternalist instances of Parmenidean philosophy and the Buddhist formulations made by some parts of the Abhidhamma, Nāgārjuna, and the Sarvāstivādins. These three philosophies have numerous points in common with Emanuele Severino’s formulations from the point of view of what is defined as neo-Parmenidism. The purpose of this article is to demonstrate that the points in common between these systems of thought are due to a basic affinity which, despite having led them to emphasize different themes, present similar reasoning and logical consequences, which allow …

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State Revenue Dedicated For Special Purposes: A Proposed Constitutional Amendment, Mark Andrews Dec 2021

State Revenue Dedicated For Special Purposes: A Proposed Constitutional Amendment, Mark Andrews

Alaska Law Review

The Alaska State budget has decreased in recent years, and because of the lower price of oil, it is not expected to recover in the near term. This smaller budgetary pie may intensify the impulse to protect the funding of individual projects. However, the Alaska Constitution forbids the dedication of taxes for specific purposes. This Essay proposes a state constitutional amendment that would allow such dedications, subject to limits designed to avoid potential problems. The Essay describes the effect the proposal would have had on past decisions of the Alaska Supreme Court and compares the dedication of tax revenue to …

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Contested Representations Of Agent Orange’S Destruction In Vu Le My’S Where War Has Passed And Masako Sakata’S Agent Orange: A Personal Requiem, Nguyen Thi Nhu Trang Dec 2021

Contested Representations Of Agent Orange’S Destruction In Vu Le My’S Where War Has Passed And Masako Sakata’S Agent Orange: A Personal Requiem, Nguyen Thi Nhu Trang

Asia-Pacific Social Science Review

This study examines two documentaries on the impact of Agent Orange in post-war Vietnam: Where War Has Passed (1997), by the Vietnamese director Vu Le My and Agent Orange: A Personal Requiem (2007), by Japanese director Masako Sakata. In order to depict the destructiveness of Agent Orange, these directors focus exclusively neither on the footprints of war in Vietnam’s physical landscape nor the sufferings of Vietnamese victims. By highlighting the existence of Agent Orange victims in the landscape that was once the target of a series of American spraying missions, both documentaries urge the audience to remove the boundaries between …

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The Effect Of Corporate Social Responsibility On Brand Awareness: Evidence From The Insurance Sector In Zimbabwe, Kudzaishe Charlotte Gaura, Wilbert Manyanga, Lovemore Chikazhe Dec 2021

The Effect Of Corporate Social Responsibility On Brand Awareness: Evidence From The Insurance Sector In Zimbabwe, Kudzaishe Charlotte Gaura, Wilbert Manyanga, Lovemore Chikazhe

Journal of Marketing and Consumer Behaviour in Emerging Markets

The aim of this study was to establish the eff ect of corporate social responsibility (donations, sponsorship and community involvement) on brand awareness within the insurance sector in Zimbabwe. Data was gathered from 350 insurance customers using a structured questionnaire with Likert-type questions. The fi ndings show that corporate social responsibility positively infl uences brand awareness. The study contributes to studies that proved a signifi cant relationship between corporate social responsibility and brand awareness in sectors other than the insurance sector. Thus, insurance fi rms are advised to seriously plough back proceeds to their communities

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Marketing Strategies And Export Performance Of Fresh Produce Firms In Kenya, Anne Njonjo, Winnie Njeru, Francis Kibera, Joseph Owino Dec 2021

Marketing Strategies And Export Performance Of Fresh Produce Firms In Kenya, Anne Njonjo, Winnie Njeru, Francis Kibera, Joseph Owino

Journal of Marketing and Consumer Behaviour in Emerging Markets

The study objective was to examine the role of marketing strategies on export performance of fresh produce fi rms in Kenya. A major stream of research has considered marketing strategy and performance within the context of a domestic economy. A census survey was carried out among all the 100 fresh produce fi rms that were ordinary members of the Fresh Produce Export Association of Kenya (FPEAK) as at 31st June 2019. The study utilized a positivist approach. Primary data were collected using a structured questionnaire. A descriptive cross-sectional study design was adopted. The results of regression analysis revealed that the …

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Prohibitionist Drug Policy In Mexico: A Systemic Constitutional Underminer, Francisca Pou Giménez, Catalina Pérez Correa Dec 2021

Prohibitionist Drug Policy In Mexico: A Systemic Constitutional Underminer, Francisca Pou Giménez, Catalina Pérez Correa

Washington International Law Journal

This article explores and develops a comprehensive set of arguments demonstrating the unconstitutionality of drug prohibition policies in Mexico. Some of these arguments have been used to validate recreational and therapeutic uses of marijuana, while others remain unused and unexplored. There are more than ten constitutional framings that are useful to evaluate the unconstitutionality of prohibitionist drug policies. These framings can be grouped into two subcategories: rights-centered and non-rights centered. Rights-centered framings are grounded on equality, health, and the free development of the personality. Non-rights-centered framings include federalism, market regulation and preservation of basic rule of law guarantees. This paper …

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New Rules Of The Game: The Politization Of Community Courts In Mozambique, Molly Utter Dec 2021

New Rules Of The Game: The Politization Of Community Courts In Mozambique, Molly Utter

Washington International Law Journal

After a fifteen-year civil war, the Mozambique government turned to customary justice to address the conflicts that emerged during the war by creating Community Courts. The goal of the Community Courts was to mimic their successful grassroots predecessors, the Popular Courts, and to bring justice to the people, by the people. Yet one year before the creation of the Community Courts, the Mozambican government implemented the Law on the Organization of the Judiciary, which limited formal jurisdiction to the district level and excluded grassroot courts from the official judicial structure. Grassroot courts, most significantly the Popular Courts, ceased to run …

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The Importance Of Soft Law Issued By The European Banking Authority For Establishing The Normative Consumer Protection Standard On The Financial Market, Magdalena Fedorowicz Dec 2021

The Importance Of Soft Law Issued By The European Banking Authority For Establishing The Normative Consumer Protection Standard On The Financial Market, Magdalena Fedorowicz

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

In financial market legal acts, the normative accent lately underlines supervision issues, with particular emphasis of consumer protection issues, which is common for EU and domestic lawmakers. It is important to adopt a regulatory philosophy that properly supports the protection of the legal interests of consumers on the financial market. The main aim of this paper is to analyze the consumer protection standard, the normative consumer protection pattern on the financial market, reconstructed and specified from and by EBA soft law acts, within the legal space of the European System of Financial Supervision, having regard to EU and domestic binding …

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Industrial Agricultural Crops And Their Role In Industrial Development In Muthanna Governorate, Rahman Jameel Saad, Maher Nasser Abdullah Dec 2021

Industrial Agricultural Crops And Their Role In Industrial Development In Muthanna Governorate, Rahman Jameel Saad, Maher Nasser Abdullah

Uruk Journal of Human Sciences

The research aims to know the industrial agricultural crops for their important role in the development of the industry in the Governorate. The researcher uses the Analytical Approach and the Descriptive approach in the research. And the study shows that Al Muthanna Governorate possesses a large and arable area amounting to (5996098) dunams, representing (29%) of the total area of ​​the Governorate amounting (20696000) dunams. (413325) dunams is invested representing (6.9%) from the arable area. There is an abundance of water resources in Al-Muthanna Governorate. The climate of this Governorate is suitable for the cultivation of industrial crops, and there …

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An Age-Based Analysis Of The Perceptions Of Ageing And Successful Ageing In Malaysia, Ming Yu Cheng, Sew Kim Low, Kai-Shuen Pheh Dec 2021

An Age-Based Analysis Of The Perceptions Of Ageing And Successful Ageing In Malaysia, Ming Yu Cheng, Sew Kim Low, Kai-Shuen Pheh

Makara Human Behavior Studies in Asia

As ageism could have detrimental effects in the ageing society, it is important to know how people of different age groups perceive ageing and successive ageing. This study collected data from 648 respondents aged between 18 to 80 years old for an age-based analysis of the perceptions of ageing and successful ageing. Self- administered questionnaires were used. Correlation analysis was conducted to examine the relationship between perception of successful ageing and factors associated with psychological well-being. Our results revealed that generally, being healthy, happy and physically active are considered as important aspects of successful ageing. Younger people considered life satisfaction …

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Family Resilience Model: The Influence Of Cultural Identity, Coping, Family Strain, Socioeconomic Status, And Community Support To The Formation Of Family Resilience Among Batak Toba Ethnic Group, Sri Redatin Retno Pudjiati, Sri Hartati Dewi Reksodiputro, R. Urip Purwono Dec 2021

Family Resilience Model: The Influence Of Cultural Identity, Coping, Family Strain, Socioeconomic Status, And Community Support To The Formation Of Family Resilience Among Batak Toba Ethnic Group, Sri Redatin Retno Pudjiati, Sri Hartati Dewi Reksodiputro, R. Urip Purwono

Makara Human Behavior Studies in Asia

A resilient family is a family that is capable of survival, overcoming difficult challenges, and then grow stronger (Walsh, 2006). Cultural identity is one of the factors that play a role in forming family resilience, because in order to build the understanding and values of family resilience one needs to build it in accordance to local culture. The purpose of this study is to analyze the factors that build family resilience in Indonesian families, especially Batak Toba families. The measurement tool used in this study is Walsh Family Resilience Questionnaire (WFRQ) to measure family resilience (α = .879), The Responses …

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Chappell V. State, 137 Nev. Adv. Op. 83 (Dec. 30, 2021), Kalin Olson Dec 2021

Chappell V. State, 137 Nev. Adv. Op. 83 (Dec. 30, 2021), Kalin Olson

Nevada Supreme Court Summaries

In an opinion drafted by Justice Cadish, the Nevada Supreme Court considered a case in which several mandatory procedural bars apply to postconviction habeas petitions under NRS Chapter 34. A petitioner must demonstrate good cause and prejudice in order to overcome the mandatory procedural bars and avoid dismissal of a postconviction habeas petition. A claim of good cause must be raised by the petitioner within a reasonable time after it becomes available. The Court concludes that the ineffective assistance claims lack merit and affirmed the district court order dismissing Chappell's third postconviction petition for a writ of habeas corpus as …

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A Framework Of Web-Based Dark Patterns That Can Be Detected Manually Or Automatically, Ioannis Stavrakakis, Andrea Curley, Dympna O'Sullivan, Damian Gordon, Brendan Tierney Dec 2021

A Framework Of Web-Based Dark Patterns That Can Be Detected Manually Or Automatically, Ioannis Stavrakakis, Andrea Curley, Dympna O'Sullivan, Damian Gordon, Brendan Tierney

Articles

This research explores the design and development of a framework for the detection of Dark Patterns, which are a series of user interface tricks that manipulate users into actions that they do not intend to do, for example, share more data than they want to, or spend more money than they plan to. The interface does this using either deception or other psychological nudges. User Interface experts have categorized a number of these tricks that are commonly used and have called them Dark Patterns. They are typically varied in their form and what they do, and the goal of this …

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A Portrait Of The Gender Gap In Stem: A Focus On Identity Formation Among Final-Year Undergraduate Students In Tanzania, Mjege Kinyota Dec 2021

A Portrait Of The Gender Gap In Stem: A Focus On Identity Formation Among Final-Year Undergraduate Students In Tanzania, Mjege Kinyota

Journal of Humanities and Social Sciences

This study investigates whether male and female students differ with respect to their STEM identity, and how female students negotiate between being female and being students pursuing careers that are perceived as masculine. The study uses a sequential explanatory mixed method design. A total of 749 final year STEM students from three Tanzanian universities participated in a survey that investigated STEM identity using six sub-scales: identity prominence, gender identity, stereotype endorsement, self-efficacy, persistence intentions, and positive feedback. Also, 19 females were interviewed as a follow-up exploration. Findings indicated a significant difference on stereotype endorsement only, where males significantly held negative …

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Cross-Border Trust Disputes And Choice Of Law In East Asia, Ying Khai Liew Dec 2021

Cross-Border Trust Disputes And Choice Of Law In East Asia, Ying Khai Liew

Washington International Law Journal

Since its introduction in East Asia over a century ago, trust law has seen much development, refinement, and domestic transformation. However, the treatment of trusts in private international law is severely underdeveloped. Due to the lack of comprehensive and dedicated choice of law rules in East Asia regarding trusts, there is much uncertainty in how forum courts treat cross-border trust disputes. This treatment derogates from a proper recognition of the trust as a distinctive legal device and fails to properly protect the autonomy and legitimate expectations of certain parties. Worse still, it puts East Asia out of step with most …

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Research On High-Rap Mixtures With Rejuvenator - Field Implementation, Nitish R. Bastola, Mahdieh Khedmati, Hamzeh Haghshenas Dec 2021

Research On High-Rap Mixtures With Rejuvenator - Field Implementation, Nitish R. Bastola, Mahdieh Khedmati, Hamzeh Haghshenas

Nebraska Department of Transportation: Research Reports

The use of Rejuvenating Agents (RAs), as Recycled Asphalt Pavement (RAP) modifiers, has been increasing over the past years. However, the field performance of asphalt mixtures containing high-RAP materials and modified with RAs has raised some concerns regarding the long-term performance of RAs. This study evaluated the laboratory and field performance of high-RAP mixtures with and without bio-oil RA. Three sets of plant-produced specimens were collected: 1) laboratory-compacted; 2) field-compacted and cored after paving; and 3) field-compacted and cored after one and two years. The Hamburg Wheel Tracking (HWT) test was used to evaluate the specimens' resistance to rutting and …

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Implikasi Pilihan Metode Konversi Suara Terhadap Proporsionalitas Perolehan Kursi Dalam Pemilihan Umum Anggota Dewan Perwakilan Rakyat, Bimo Fajar Hantoro Dec 2021

Implikasi Pilihan Metode Konversi Suara Terhadap Proporsionalitas Perolehan Kursi Dalam Pemilihan Umum Anggota Dewan Perwakilan Rakyat, Bimo Fajar Hantoro

Jurnal Hukum & Pembangunan

Choice of vote conversion method, as an element of the general election system, has implications for the degree of proportionality. The degree of proportionality in question is divided into two elements, namely between the percentage of seats acquired and the fairness to large and small parties. The author here is interested in measuring the degree of proportionality generated by each of the vote conversion methods. The author then performs a simulation to measure these two elements from two families of vote conversion methods, namely the Quota method and the Divisor method. The simulation results show that in terms of proportionality …

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Keberlakuan Klausula Security Exceptions Dalam Perjanjian Trade-Related Aspects Of Intellectual Property Rights (Trips) Di Masa Pandemi Covid-19, Daniel Nicholas Putra, Yetty Komalasari Dewi Ykd Dec 2021

Keberlakuan Klausula Security Exceptions Dalam Perjanjian Trade-Related Aspects Of Intellectual Property Rights (Trips) Di Masa Pandemi Covid-19, Daniel Nicholas Putra, Yetty Komalasari Dewi Ykd

Jurnal Hukum & Pembangunan

WTO commitments, particularly related to intellectual property rights in the TRIPS Agreement, could potentially hinder efforts to increase access to medicines and vaccines during the Covid-19 pandemic. In time of emergency, these commitments can be overridden using the WTO security exceptions clause. This article compares the WTO security exceptions to general exceptions in Article XX of the GATT 1994 and non-precluded measures in the Argentina-US BIT, India-Germany BIT, and India-Mauritius BIT, and analyses how the Covid-19 pandemic can be a valid reason to waive the obligations under the TRIPS Agreement using the security exceptions clause. In particular, this article discusses …

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Evaluasi Kebijakan Peradilan Elektronik (E-Court) Mahkamah Agung Republik Indonesia, Abdul Rachmat Ariwijaya, Palupi Lindiasari Samputra Dec 2021

Evaluasi Kebijakan Peradilan Elektronik (E-Court) Mahkamah Agung Republik Indonesia, Abdul Rachmat Ariwijaya, Palupi Lindiasari Samputra

Jurnal Hukum & Pembangunan

This study aims to evaluate the administrative policies and electronic trial (E-Court) of the Supreme Court of the Republic of Indonesia and the judicial bodies under it in achieving the principles of administering judicial power, namely: simple, fast, and low-cost justice. The research method uses a retrospective evaluation theory that directs the present results after implementing the E-Court policy. The data used consisted of secondary data (documents) and primary data through in-depth interviews from experts and E-Court policymakers. The results showed that the E-Court policy succeeded in clarifying the Supreme Court of the Republic of Indonesia's organization in realizing simple, …

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Transition Administration, Michael Herz, Katherine A. Shaw Dec 2021

Transition Administration, Michael Herz, Katherine A. Shaw

Articles

The period from November 3, 2020 to January 20, 2021, was unlike any presidential transition in our history. President Donald Trump refused to accept his ballot-box defeat, instead battling to overturn the election’s outcome. This dramatic public campaign was waged in state and federal courts, state legislatures, the offices of state and local election officials, the Department of Justice, and finally the halls of Congress, where on January 6, 2021, a mob incited by the President stormed the Capitol with the explicit goal of preventing the final counting of electoral votes for Joe Biden. These efforts had more mundane and …

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Perkembangan Kedudukan Hukum (Legal Standing) Dalam Pengujian Administratif Di Pengadilan Tata Usaha Negara Dan Uji Materi Di Mahkamah Agung, Oce Madril, Jery Hasinanda Dec 2021

Perkembangan Kedudukan Hukum (Legal Standing) Dalam Pengujian Administratif Di Pengadilan Tata Usaha Negara Dan Uji Materi Di Mahkamah Agung, Oce Madril, Jery Hasinanda

Jurnal Hukum & Pembangunan

Legal standing is one of the most important aspect accordance citizen legal protection from government act which is general or concrete . In implementation at Indonesia, there are many changes in the legal standing rule. Nevertheless, this changes of rule is considered not to clarify related legal standing aspect that has impact to citizen who are having trouble for access to justice through Administratif Judicial at Administratif Court and Judicial Review at Supreme Court. Plus, the emergence of many judge decision from Administrative Court and Supreme Court Judge that sometimes expanding the meaning of legal standing, but sometimes restricting the …

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Pergeseran Kompetensi Absolut Dari Peradilan Umum Ke Peradilan Tata Usaha Negara: Gugatan Perbuatan Melawan Hukum Oleh Penguasa (Onrechtmatige Overheidsdaad), Muhamad Raziv Barokah, Anna Erliyana Dec 2021

Pergeseran Kompetensi Absolut Dari Peradilan Umum Ke Peradilan Tata Usaha Negara: Gugatan Perbuatan Melawan Hukum Oleh Penguasa (Onrechtmatige Overheidsdaad), Muhamad Raziv Barokah, Anna Erliyana

Jurnal Hukum & Pembangunan

The absolute competency-shifting in adjudicating a lawsuits against the law by authorities from the general court to the state administration court suddenly based on Supreme Court Regulation No. 2/2019 raises 2 (two) issues regarding differences in the parameters of evaluating government actions in terms of civil law with state administration law and a significant reduction in the time period for filing a lawsuit from 30 (thirty) years to 90 (ninety) days. This research takes the form of a normative juridical approach to the rule of law. This study concludes there are differences in the parameters of the OOD Claims between …

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Critical Hope As Vehicle For Equity: Examining Teachers’ Paradigm And Pedagogy, Heidi Strikwerda, Jose Lalas Dec 2021

Critical Hope As Vehicle For Equity: Examining Teachers’ Paradigm And Pedagogy, Heidi Strikwerda, Jose Lalas

Journal of Critical Issues in Educational Practice

This current study framed the concept of “critical hope” and examined how systemic oppression in society continuously perpetrates the “hope gap” in low-income students. We defined critical hope, in this study, as the optimistic way of viewing and acting on the world from a critically historically conscious, socially and culturally situated perspective with a personal belief that inevitable change will inspire a sense of community, advocacy, liberation, and justice (Strikwerda, 2019). This rich definition incorporates the elements of hope deduced from existing related foundational and empirical research literature (Freire, 1970; Freire, 1994; Freire, 1997, bell hooks, 2004; Edwards et al., …

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The Weak Chains Of Transmission In The Book Al-Kafi: Identification And Significance, Amal Hussein Alwan Dec 2021

The Weak Chains Of Transmission In The Book Al-Kafi: Identification And Significance, Amal Hussein Alwan

Uruk Journal of Human Sciences

pillar in the noble hadith, knowing them an ensuring their safety is to ensure the authenticity of the hadith. And the reasons are among the matters that only the critic who is expert in the isnad and its arts can undertake, because of the experience that the expert critic and the freelance researcher must possess in diagnosing what is caused by the isnad. In addition to the fact that diagnosing faulty grounds requires a folded introduction - as they say It is the knowledge of the narrators’ layers, which is the knowledge of the narrators’ relationships between them in terms …

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The Geopolitical Significance Of The Port Of Gwadar Challenges And Future Visions, Vian Ahmed Mohamed Dec 2021

The Geopolitical Significance Of The Port Of Gwadar Challenges And Future Visions, Vian Ahmed Mohamed

Uruk Journal of Human Sciences

The port of Gwadar is a major turning point in the Pakistani economy, as it is characterized by a very important strategic location and has characteristics that enable it to play an active role in the region, being a land bridge linking Central Asia, especially the countries of Central and South Asia, by the sea, and also linking the Chinese economy (west of China to the port). And due to its distinguished strategic location, which made it a center of attraction for large commercial ships, despite all the positive advantages, there are obstacles that stand in the way of completing …

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Criminal Protection Of Health Facilities In Iraqi Legislation (Comparative Study), Ghusn Manahi Khayun Alhasanawii, Latif Abdul Hussein Musa Dec 2021

Criminal Protection Of Health Facilities In Iraqi Legislation (Comparative Study), Ghusn Manahi Khayun Alhasanawii, Latif Abdul Hussein Musa

Uruk Journal of Human Sciences

In our research, we discussed the criminal protection of health facilitie as a comparative study where it has a distinct importance among the interests that the legislator aspires to protect by legal texts. Health facilities constitute a threat to the internal security of the country, especially after being accompanied by descriptions that make it inherent to influence that security, such as the terrorist description, but at the level of external security, these crimes were considered one of the means used by some countries to violate security, etc. I hope for other countries either to influence them only or to interfere …

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The Online Criminal Trial As A Public Trial, Stephen Smith Dec 2021

The Online Criminal Trial As A Public Trial, Stephen Smith

Faculty Publications

There are two ways of favorably conceiving online trials in Sixth Amendment terms. One is that an online trial is a public trial, by its terms. The other is that an online trial may not be public, for Sixth Amendment purposes, but may nonetheless satisfy applicable constitutional demands for trials considered “closed.” This Essay proposes both: that an online trial is fundamentally “public” for Sixth Amendment purposes and, if it is not, it may still be a constitutional accommodation of the Sixth Amendment’s public trial guarantee, in appropriate circumstances.

The constitutionality of an online trial may be largely an idle …

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