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Artigos de revistas sobre o assunto "Practice of law – psychological aspects"
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Chucha, S. Yu. "Artificial intelligence in justice: legal and psychological aspects of law enforcement". Law Enforcement Review 7, n.º 2 (22 de junho de 2023): 116–24. http://dx.doi.org/10.52468/2542-1514.2023.7(2).116-124.
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The subject. Artificial intelligence is considered as an interdisciplinary legal and psychological phenomenon. The special need to strengthen the psychological component in legal research of artificial intelligence and its introduction into the practice of law enforcement and justice, in particular, is substantiated.The main goal of the study is to confirm or refute hypothesis that AI may be implemented in justice and to substantiate the legal limits of such implementation.The methodology. Based on the comparison of the current legislation, the practice of its application, and other empirical data, internal and external legal and psychological factors of legal regulation and the use of artificial intelligence in jurisprudence and judicial proceed- ings are identified.The main results, scope of application. The analysis of legal and doctrinal definitions of artificial intelligence in jurisprudence has shown that their defining and integral part is relationships that are the result of psychological practices and the subject of psychological science (internal factors). Legal studies of artificial intelligence are based on a psychological conceptual apparatus, all of them legally describe artificial intelligence, first of all, as a psychological phenomenon and build an analogy between the psychology of a living intelligent subject and an inanimate object, humanizing the latter. The federal legislator is also following the path of using the psychological conceptual apparatus. Such categories like human cognitive functions and intellectual activity are applied in Russian Federal Law "On conducting an experiment to establish special regulation in order to create the necessary conditions for the development and implementation of artificial intelligence technologies in the subject of the Russian Federation - the federal city of Moscow and amending Articles 6 and 10 of the Federal Law "On Personal Data". The legal and psychological analysis of the practice of using elements of artificial intelligence in corporate governance, justice, labor relations, social insurance, electoral procedures has been subjected.The conclusion is substantiated that an indispensable condition for the introduction of arti- ficial intelligence and its elements into justice is trust on the part of the disputing parties and the court. Such trust is provided with a real possibility of verifying the actions and decisions made with artificial intelligence by psychologically acceptable and legally formalized methods (external factors). The use of artificial intelligence in law enforcement in general and justice in particular is possible in two directions: (1) solving problems related to the approximation of specialized artificial intelligence systems in legal proceedings to human capabilities and their integration to enhance intelligence; (2) creating artificial intelligence, which is the integration of already created elements of artificial intelligence into a single system capable of participating in justice, but does not have the properties of free will and does not acquire legal personality. Law enforcement using artificial intelligence should comply with the principles enshrined in the European Ethical Charter on the Use of Artificial Intelligence in Judicial Systems and their environment, the provisions of which should be implemented in domestic legislation, having previously been revised in accordance with the national legal tradition.
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Makarenko, Madina. "Interrogation of foreign citizens: Criminal procedure and psychological aspects". Applied psychology and pedagogy 4, n.º 4 (15 de dezembro de 2019): 57–67. http://dx.doi.org/10.12737/2500-0543-2019-80-90.
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The possibility of illegal movement of foreign citizens from countries of residence across state borders to the territory of the Russian Federation has led to the fact that most of them have been criminally active in recent years. Over the past three years, the rate of crimes committed by foreign citizens and stateless persons has not significantly decreased (an average decrease of 6% per year). Based on an analysis of the scientific literature and law enforcement practice, the article discusses some criminal procedural, psychological and other features of interrogation of foreign citizens in criminal investigations. The following features and factors that influence the conduct of interrogations with the participation of foreign citizens are highlighted as necessary: the legal status of a foreign citizen, including the presence or absence of legal immunity or citizenship; language barrier, a complex of ethno-social, ethno-cultural and psychological features of its existence and development.
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Gerasimova, E. N., e K. Yu Goncharov. "PSYCHOLOGY IN LEGAL EDUCATION: MODERN CHALLENGES AND THE STATE OF PRACTICE". Educational Psychology in Polycultural Space 61, n.º 1 (2023): 16–23. http://dx.doi.org/10.24888/2073-8439-2023-61-1-16-23.
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The article discusses the importance of psychology in the training of future specialists in the field of jurisprudence. The content of the discipline “Legal Psychology” is analyzed from the standpoint of theoretical and practical knowledge, the main approaches to the study of the problems of professional formation of personality, stated in the psychology of higher education, are considered. The article is devoted to an urgent topic – the role of psychology in the training of a future specialist in a transforming society. It is noted that the importance of studying the course “Legal Psychology” at universities is primarily due to the fact that psychological science makes a great contribution to solving the multi-profile tasks of strengthening the legal system and implementing the efforts of the state in the fight against offenses, crimes. As is known, the law enforcement activity of most legal professions takes place in the field of public relations and presupposes high emotional tension, self-organization and the development of skills in communication activities. The formation of psychological knowledge among lawyers is the most important task of training a specialist. Being a borderline science between psychology and jurisprudence, legal psychology is designed to provide a future specialist with an understanding of the psychological features of such a socio-cultural phenomenon as law, the socio-psychological essence of legal regulation, psychological features of human behavior in the field of relations regulated by law. It is noted that psychological knowledge will contribute to the development of psychological competence of students on issues most significant in their future professional activities. The author has made an attempt to investigate the mechanisms of organizing the training of students of law schools in psychology. Training is considered as a complex system that affects all key aspects of the educational process of the university. The objectives of the training are outlined, the methodological basis for planning and organizing psychological education of law students under the guidance of a teacher is presented. The principles of teaching in the context of the organization of the educational process are revealed, during the implementation of which the educational context of psychological disciplines is filled with practice-oriented professional content. This is achieved, according to the author of the article, by updating the content of psychological training of future specialists in the field of jurisprudence.
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Slanov, Oleg T. "Somatic Legal Consciousness: Psychological, Teaching, Philosophical and Legal Aspects". Legal education and science 1 (18 de janeiro de 2024): 26–33. http://dx.doi.org/10.18572/1813-1190-2024-1-26-33.
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Purpose. This article is devoted to the problem of somatic law and legal consciousness. The purpose of the study is an interdisciplinary analysis of the implementation of somatic and somatic legal consciousness; consideration of the issue of pedagogical influence in the educational process on the legal education of students, as a way of taking preventive measures to deform the somatic legal consciousness of the individual and forming a correct understanding of the image and value of one’s body; development of a new classification of somatic rights based on the criterion of compatibility with the legal culture of a particular state; consideration of legal aspects of responsibility in the field of realization of somatic rights; analysis of current judicial practice in the field of implementation of legal claims regarding a person’s ability to dispose of his body at his own discretion. Methodology: analysis, synthesis, synergetics, dialectics, epistemology, hermeneutics. Conclusions. The article concludes that the implementation of somatic law should be based on the principle of a responsible attitude towards it. In this regard, the article analyzes the process of forming a person’s responsible attitude towards his body from a psychological and pedagogical perspective. The specifics of body image formation in adolescents have been studied. Deviations and pathologies in the process of a person’s acceptance of himself and his own body are shown, ultimately provoking the desire for radical experiments with it. The paper concludes that there is a need for further scientific development of somatic legal consciousness and the formation in the educational environment of a student’s body image through effective legal education, the formation of students with the necessary legal attitudes, legal ideology, and value ideas — in order to prevent the occurrence of deformations of legal consciousness and spiritual personality defects. The approach to legal socialization must be implemented in the educational process based on a semantic, ideological approach to law. Scientific and practical significance. A qualitatively new perspective on the study of somatic rights through the prism of consciousness made it possible to identify the value foundations of somatic rights and its ideological specifics. The article is aimed at conceptualizing the research activities of scientists, lawyers, teachers and psychologists. The author comes to the conclusion about the need for further scientific and theoretical developments and scientific and practical studies of somatic legal consciousness, their implementation in the educational process in order to form and develop students’ body image, through legal education, modeling the necessary legal guidelines, legal ideology, culture in order to prevent the emergence of deformations of legal consciousness and the achievement of harmony in civil societ y and the rule of law.
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Rus, Velko S., Agata Zupančič e Nuska Podobnik. "Searching for a New Vision and Professional Identity—The Slovenian Psychological Association 1999-2003". European Psychologist 9, n.º 3 (janeiro de 2004): 180–83. http://dx.doi.org/10.1027/1016-9040.9.3.180.
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This article presents the structure, processes, climate, and culture of the Slovenian Psychological Association (SPA) in the period from 1999 to 2003. The contribution of the former leadership of the SPA to Slovenian psychology as a profession, science, and academic discipline is discussed. International promotion of the SPA is also covered, as are the following themes: law on psychological practice, Slovenian psychological congresses, financial affairs, some aspects of interpersonal relations, and activities related to the Euro-diploma.
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Dimitrov, Vasil. "Gender change in sport through the lens of law". SHS Web of Conferences 176 (2023): 04011. http://dx.doi.org/10.1051/shsconf/202317604011.
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This report aims to analyse gender change and legal cases related to participation in sports, sports ethics, sports legal relations, regulation and others. In order to solve the main tasks, achieve the goal and prove the hypothesis, a complex methodology is applied: a legal method oriented to the practice of law enforcement, a sociological - axiological method, a comparative analysis between methodological concepts, the judicial practice in Bulgaria and the EU. The analysis interprets decisions of the courts in Bulgaria, the EU and the IOC, as well as psychological and normative aspects related to gender change. European gender reassignment practice, as well as the conditions for legal gender reassignment, are also reviewed. Conclusion: legal gender change does not disturb the balance between personal and public relations, including civil law turnover, but this possibility introduces ambiguity, unpredictability and instability in sports legal relations.
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Dostatnii, Rodion. "OVERCOMING PSYCHOLOGICAL PROBLEMS OF STUDENTS AFFECTED BY MARTIAL LAW". Collection of Scientific Papers of Uman State Pedagogical University, n.º 1 (27 de março de 2024): 92–101. http://dx.doi.org/10.31499/2307-4906.1.2024.302207.
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In response to the military invasion by Russian forces in Ukraine educational sector faces multiple trials threatening the quality of it’s processes and acquisition of professional skills among Ukraine higher education institutions’ graduates. The primary challenges include psychological uncertainty and increased fear for the future among youth, significantly complicating new profession mastery. The novelty of this work lies in a comprehensive approach to the psychological adaptation of educational processes, incorporating curriculum modification, stress-resilient practice integration and focusing on providing emotional support for students. The article aims not merely to spotlight the issues, but also to offer effective solutions for improving educational seekers’ psychological health, ultimately enhancing education quality in extreme conditions. It seeks to identify optimal adaptation paths for the educational process amidst wartime challenges in Ukraine, ensuring uninterrupted educational activities and strengthening educational seekers’ psychological health. Moreover, it explores strategies enabling educational institutions to maintain instructional quality that meets students’ needs, facilitates their support and ensures psychological stability when traditional teaching methods become limited or irrelevant. Through extensive literature review and methodology analysis this paper highlights the necessity for immediate attention to the issues and fills the existing gap, emphasizing deeper investigation into specific challenges students face during the wartime and developing overcoming strategies. Special attention is paid to adapting educational programs to crisis conditions induced by external factors, aiming for effective psychological support for students and developing approaches to sustain their capability to assimilate and apply knowledge and skills in rapidly changing conditions. This study underscores the importance of developing comprehensive approaches to support students’ mental health and adapting the educational process under the wartime conditions, covering both the educational processes theoretical and practical aspects.
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Marchenko, G. V., A. V. Zabarin e S. Yu Chimarov. "Forming of Public Confidence in the Activities of Law Enforcement Bodies". Administrative Consulting, n.º 2 (15 de março de 2022): 93–109. http://dx.doi.org/10.22394/1726-1139-2022-2-93-109.
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The authors of the article, based on appealing to the works of home and Western researchers on the problems of studying the psychological foundations of confidence, considering the historical and legal aspects of the interaction and practice of the work of state authorities and public organizations with law enforcement bodies at various stages of national history, propose a concept for analyzing the socio-psychological factors of forming confidence to law activities. The article defines the main directions and technologies of work on the formation of public confidence in the professional activities of employees of the Ministry of Internal Affairs of Russia, staff members and troops of the Federal Service of the National Guard Troops (Rosgvardia) under the condition of the intensification of the negative information and psychological impact of external and internal destructive forces on the personnel of these departments. conclusions are drawn on the need to renew approaches in management activities and increase the effectiveness of conducting activities in this sphere, the fulfillment of it will contribute to support internal political stability in the state, strengthening the rule of law and law and order, security of public safety of citizens.
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Gruzdev, Vladimir Sergeevich. "Psychological legal realism of P. V. Delarov". Юридические исследования, n.º 6 (junho de 2021): 20–34. http://dx.doi.org/10.25136/2409-7136.2021.6.35797.
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The subject of this research is the works of the Russian legal scholar of the second half of the XIX century P. V. Delarov, better known to his contemporaries as a collector of antiques. Since the late 1870s he wrote several essays covering the fundamental and applied topics and problems of legal science and practice. His works are poorly studied within the framework of legal disciplines of historical and philosophical-legal profiles, however represent particular interest for the history of establishment of legal thought in Russia. This particular pertains to the author’s reference to the tasks on reforming legal science into psychology of law; renewing the theoretical-methodological principles and characteristics, which allowed the Russian legal scholar to resolve the fundamental contradictions in the area of cognition and interpretation of law, associated with idealistic or realistic arguments. The scientific novelty of this research lies in the following aspects: description and analysis of the legal views of P. V. Delarov, which were not been previously studied in the history of legal thought; substantiation of the conclusions that he formulated the first theoretically mature and developed psychological concept of law within the Russian legal literature; the concept of P. V. Delarov appeared much earlier than the psychological concept of L. I. Petrażycki;. Delarov’s concept in its essence represented a variety of realistic theories that rely on the tendency of “scientification” of jurisprudence within the framework of natural-scientific worldview of the XIX century. This article also presents other generalizations and explanations of P. V. Delarov's legal views, which allow introducing significant clarifications into understanding the processes of the emergence of psychological approaches towards law in the Russian and Foreign legal literature.
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Kaliuha, K. "SOME ASPECTS OF THE HISTORY OF THE APPLICATION OF THE PROFILING METHOD". Criminalistics and Forensics, n.º 65 (18 de maio de 2020): 308–16. http://dx.doi.org/10.33994/kndise.2020.65.29.
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The article is devoted to the analysis of the origins of the method of profiling the identity of an unknown criminal. The development of the application of the possibilities of profiling the personality of a criminal and the practice of its application in the activities of law enforcement agencies in the investigation of crimes are investigated. Based on the concept of profiling, as from English. Profile is an integrated crime prevention technique by highlighting the characteristics of persons who committed a crime or are preparing to make it on the basis of psychological, criminological, criminalistic and sociological knowledge; a set of methods and techniques for assessing and predicting human behavior based on the analysis of the most informative signs, forensic portrait of a person, characteristics of appearance, non-verbal and verbal behavior, location, etc. We noted that there is a lot of research by foreign and Ukrainian scientists on the problems of using profiling technology, but not enough attention has been paid to the history of the practice of applying the profiling method. The main names of scientists and the features of their teachings were listed in the abstract, as the stages of development of the introduction of the profiling method in the practice of disclosing and investigating crimes by law enforcement agencies. We said that now the technology of the profiling method is not used as a mandatory measure in the investigation and disclosure of crimes. There are fundamentals of such activities, but it is too early to talk about the widespread use of profiling. At the same time, it can be noted that profiling was successfully used in the disclosure of some resonant crimes related to serial killings. We agreed with individual authors that research on forensic profiling and the behavioral aspects of crimes in Ukraine are in the early stages of development. We noted that since profiling is a young science, it is constantly evolving, and its fields of application are expanding. Today, profiling techniques are used in the field of preventive medicine to correct and prevent the emergence of diseases of psychosomatic etiology. There is also the so-called family profiling, with the help of which specialists try to help family members in solving their family problems. In addition to forensic, criminal and criminological, there is aviation, anti-terrorist, research, psychological, information security profiling, typological. Also, transport, hotel business profiling, personnel, banking and the like. We concluded that profiling technology is a universal comprehensive and modern tool that is advisable to use in law enforcement agencies in investigative, operational, personnel and administrative activities, etc. The history of its development is only gaining momentum. However, today, in law enforcement agencies, not only the profiling technique is not widely used. They do not use this term at all.
Teses / dissertações sobre o assunto "Practice of law – psychological aspects"
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Duke, Janet School of Social Work UNSW. "Silent values : contextualising justice within the disjunctures between care discourses, regulatory requirements and nursing practice realities". Awarded by:University of New South Wales. School of Social Work, 2002. http://handle.unsw.edu.au/1959.4/19127.
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The notion of 'Care' has occupied a central place as foundation in nursing theory, ethics and practice. An examination of critical and authoritative documents reveals that the term is vague and ill defined. The literature on care does not theorise the concept as fully as expected in a profession where the concept is considered central. Moreover, even the best theories of care neglect justice. Applying Wittgenstein's concept of family resemblance allows the debate to move on from definitional issues to assess the applicability of 'care' to the practice of the profession. An examination of a range of assessments of nursing practice shows that although 'care' is frequently used in connection with nursing, it does not appear to be a major consideration in key areas of appraisal. This thesis explores the relationship between care and justice in nursing and proposes that they be integrated within nursing theory. A theory for nursing that does not exclude care, but that has justice as its basis is proposed. Care, when used in the context of justice provides nursing with a theory that is appropriate not only for nursing theory and ethics but also assists the profession meet the demands of modern practice.
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Lehrman, Ela-Joy. "A theoretical framework for nurse-midwifery practice". Diss., The University of Arizona, 1988. http://hdl.handle.net/10150/184546.
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The purpose of this research was to test the predicted relationships among a component of nurse-midwifery care, psychosocial health outcomes and other maternal psychosocial variables. The theoretical framework for the research was the Intrapartum Care Level of the Nurse-Midwifery Practice Model, a middle range theory. Previous nurse-midwifery research had been based on theories and models not specific to nurse-midwifery practice. A nonexperimental, correlational design was used, with measures in the last trimester of pregnancy and the first month following birth. The psychosocial variables measured were prenatal care satisfaction, personable environment, positive presence, labor support, transcendence, labor satisfaction and enhanced self-concept. Purposive sampling was used at a birth center in a Southwestern city where women received nurse-midwifery care for pregnancy, labor and birth. The sample of 89 women consisted of 35 primiparas and 54 multiparas, with a mean age of 29 years; 46.1% gave birth at the birth center and 53.9% gave birth at a local hospital. The primary instruments for the research included the Prenatal Satisfaction Questionnaire, the Attitude Toward Issues in Choice of Childbirth Scale, the Positive Presence Index, the Labor and Birth Support Inventory, the Coping in Labor and Delivery Scale, the Labor and Delivery Satisfaction Questionnaire, and the Self-Confidence Scale of the Adjective Check List. The secondary instruments, used for the evaluation of construct validity, included the Positive Presence Index - Alternate Format, the Labor and Birth Coping Index, the Labor and Birth Satisfaction Index, and the Self-Concept Index - Alternate Format. Acceptable levels of reliability and validity were obtained for the instruments. The predicted relationships from the Model were tested with causal analysis using multiple regression and residual analysis. The empirical rather than the theoretical model was supported by the data. Prenatal care satisfaction, personable environment, positive presence and transcendence explained 66% of the variance in labor satisfaction, with an additional 2% explained variance with the addition of the situational variable of consultation. Positive presence had the greatest direct effect (B =.70) and also explained 5% of the variance in enhanced self-concept. The empirically significant relationships were clinically relevant.
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BENJAMIN, GEORGE ANDREW HOLMES. "PSYCHOLOGICAL DISTRESS IN LAW STUDENTS AND LAWYERS: IMAGINED, INGRAINED, OR INDUCED? (STRESS, PSYCHOPATHOLOGY, SCHOOL)". Diss., The University of Arizona, 1985. http://hdl.handle.net/10150/187941.
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The anecdotal literature suggests that the process of legal education impairs the maintenance of emotional well being in law students. The purpose of this paper is to present the results of a cross-sequential research design to determine the effects of the law school process. Data was collected, using four standardized self-report instruments (Brief Symptom Inventory, Beck Depression Inventory, Multiple Affect Adjective Checklist, and Hassle Scale), on subjects prior to and during law school, and after graduation. Prior to law school, subjects expressed similar psychopathological symptom responses as compared with the normal population. Yet during law school and after graduation symptom levels were significantly elevated. The implications of these results are presented.
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Malhotra, Neha Deepak. "Exploring the role of movement specific reinvestment during practice and performance of tasks of varying complexity". Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2014. http://hdl.handle.net/10722/208559.
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Six experiments were conducted in order to examine the role of movement specific reinvestment in performance of a range of tasks of varying complexity under different performance contexts. The first experiment investigated the role of movement specific reinvestment in performance of a fundamental laparoscopic skill under time pressure. It was found that individuals with a lower propensity for movement specific reinvestment were able to meet task demands by performing faster under time pressure than individuals with a higher propensity for movement specific reinvestment. Although movement specific reinvestment is often treated as a uni-dimensional construct, it is comprised of two dimensions of conscious processing; movement self-consciousness and conscious motor processing. These dimensions appear to exert a differential influence on performance in different contexts. The second experiment therefore investigated the differential influence of the two dimensions of movement specific reinvestment on performance of a fundamental laparoscopic skill early and later in practice and on performance of a more complex, cross-handed laparoscopy task. Movement self-consciousness was found to play a more dominant role early and later in practice of a relatively simple, fundamental, laparoscopic skill than conscious motor processing, which played a more dominant role in performance of a more complex, cross-handed laparoscopic skill. The third and fourth experiments examined the differential influence of the two dimensions of movement specific reinvestment on a complex golf-putting skill early and later in practice (Experiment 3) and under low- and high-anxiety conditions (Experiment 4). Experiments 3 and 4 also examined the kinematic mechanisms underlying the influence of the two dimensions on putting performance. Findings from Experiment 3 revealed that movement self-consciousness and conscious motor processing positively influenced putting performance early in practice, when learners were consciously engaged in the control of movements. However, later in practice movement self-consciousness alone positively influenced putting performance. Analysis of kinematic measures suggested that reduced variability of both impact velocity and putter face angle at impact mediated the positive influence of both movement self-consciousness and conscious motor processing on putting performance. Findings from Experiment 4 revealed that movement self-consciousness positively influenced performance in the low-anxiety condition (and appeared to reduce variability of impact velocity), but not in the high-anxiety condition. It was argued that the attention demanding nature of anxiety (Eysenck & Calvo, 1992) potentially subdued the influence of movement self-consciousness under high-anxiety conditions. The fifth experiment confirmed this proposition as the positive influence of movement self-consciousness on quiet standing performance was no longer evident when an attention demanding dual-task was performed concurrently with a primary quiet standing task. The final experiment examined the unique influence of the two dimensions on laparoscopic performance during practice and under anxiety in a real-world anxiety provoking situation, the objective structured clinical examination (OSCE) (Muldoon, Biesty, & Smith, 2014; Nasir et al., in press). The findings of the six experiments are discussed within the framework of the Theory of Reinvestment (e.g., Masters, 1992; Masters & Maxwell, 2008).published_or_final_version
Human Performance
Doctoral
Doctor of Philosophy
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Takase, Miyuki. "Influence of public image of nurses on nursing practice". Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2000. https://ro.ecu.edu.au/theses/1346.
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Many researchers believe that nurses live in a dual structure, encompassing both the social and nursing worlds. They contend that these two worlds have contrasting views toward nurses. This is, while nurses are guided to establish professional status, society still expects them to remain in a dependent role. This conflict is assumed to have a negative impact on nurses’ psychological and functional states (Kalisch & Kalisch, 1983 & 1987). However, this assumption has not yet been explored sufficiently. The aim of this descriptive correlational study was therefore to investigate the relationships among the public image of nurses, nurses’ self concept, personal and collective self-esteem, job satisfaction, and performance. A total of eighty registered nursing students were invited to participate in this study by completing seven types of questionnaires (see Appendix C). The data were analysed by Pearson correlation and One-Way Analysis of Variance. The results of this study supported contention of the contemporary nursing scholars that the stereotypical public image of nurses could negatively affect nurses’ self-concept, self-esteem, job satisfaction and performance. The results, however, also demonstrated that the professional socialisation and cultivation of nurses’ personal self-esteem would help to buffer the negative effects of the public stereotypes on nursing practice. Based on these findings, this study suggests countermeasures to deal with the negative impacts of the public stereotypes. These strategies include public education, monitoring the media, changing nurses’ attitudes, encouraging professional socialisation, empowering nurses, and boosting nurses’ self-esteem. This study is expected to help nurses overcome the potential effects of the public stereotypes. The results of the study are also dedicated to nurses who have endeavoured to facilitate the process of professionalization in nursing.
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Lewis, Melissa Geane. "Aspects of delictual liability in pharmacy practice". Thesis, Rhodes University, 2007. http://hdl.handle.net/10962/d1005963.
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The thesis explores the various instances in which pharmacists may incur delictual liability for harm suffered by their patients or third parties. As such, it is primarily concerned with the field of professional negligence. The work focuses specifically on the wrongfulness, fault and causation enquiries in pharmacy malpractice cases. The discussion is set against the backdrop of the pharmacy profession's shift towards patient-orientated service in recent years and explores whether this change in the profession's social role has had any effect on the legal duties and standard of care to which pharmacists are currently bound. It is argued that, in light of the dangers posed by modern medicines and the extent to which pharmacists are professionally expected to involve themselves in patient care, pharmacists can no longer escape liability simply by accurately dispensing pharmaceutical products. Rather, they are expected to participate actively in avoiding drug-related injury by, for example, providing patient counselling, detecting invalid or erroneous prescriptions and monitoring prescription refills. Although the thesis places particular emphasis on the role of pharmacists in achieving risk management, it also argues that pharmacists are, in very limited circumstances, required to participate in the risk assessment process traditionally thought to fall exclusively into the realm of physicians. It is furthermore demonstrated that pharmacists can incur liability regardless of whether a patient's harm can also be partially attributed to the blameworthy conduct of another healthcare professional. Although the thesis concludes that pharmacists are currently exposed to greater risks of liability than they were in the past, it also shows that plaintiffs who seek damages from pharmacists will usually experience a number of difficulties in establishing liability. In particular, problems are likely to be encountered in satisfying a court as to the presence of factual causation, which is notoriously difficult to establish in drug-related cases.
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Martin, Christopher L. "Distribution and procedural justice : effects on satisfaction and commitment". Diss., Georgia Institute of Technology, 1987. http://hdl.handle.net/1853/29169.
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Forcada-Delgado, Claudio. "Good practice in violin pedagogy : psychological aspects related to the acquisition of motor skills". Thesis, Birmingham City University, 2014. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.680148.
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In this thesis I set out to examine current practices in violin pedagogy and to relate these to current theory in Motor Learning (hereafter, ML). This will involve particularly focusing on how teachers consider the acquisition of motor skills in terms of teaching strategies, memory and student’s motivation. The thesis sets out to answer the following research questions: • To what extent are motor-learning and associated theories applied in major violin pedagogies such as Suzuki or Rolland, albeit without the teacher’s awareness or acknowledgement? • Do teachers in fact apply the teaching pedagogies they claim? • Can their success be attributed to the use of Motor Learning principles? In Part one of the thesis various violin pedagogies and concepts associated with ML theory are laid out. A primary source for ML research is found in the sports psychology literature but my research exposes a widespread lack of awareness of ML principles in the actual practice of violin teaching in Spain, UK and the USA. Whilst many teachers of violin pedagogy follow formal teaching programmes and methods, for example Suzuki and Rolland, it is questionable to what extent these methods actually implement aspects of ML theory. I conclude that each, in its way, is drawing on certain ML principles even when the authors of the methods are evidently unaware of the link. Part two of the thesis presents the findings of an extended programme of empirical study in which aspects of Motor Learning and their influence in teachers’ practice is explored. I analyse the practices of those teachers who have participated in a case study that I have developed as part of my doctoral thesis, exploring differences between their methods, pedagogies and approaches. I then describe some aspects of ML and their influence on teachers’ practice. Following this, data collected in the case study through lesson observation, interviews and the use of questionnaires is provided, outlining comparisons between the teaching habits of the teachers. I determine this study confirms the presence in violin teachers’ methods of procedures considered as efficient under ML principles and brings to light differences in teachers’ habits depending on their level of expertise. This is particularly related to the frequency and length of the instructions, control of pupils’ feedback and the variety of strategies used to generate learning. To conclude I compare pedagogies and teachers’ procedures, emphasising those aspects related to successful teaching and ML. These outcomes open new lines for further research, which might help teachers to improve their effectiveness.
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Parker, David. "Painting as process : a Jungian approach to image and imagination as experiential practice in contemporary culture". Thesis, University of Northampton, 2012. http://nectar.northampton.ac.uk/5049/.
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Drawing on Jungian and Post Jungian Psychology as theoretical frameworks, the psychologically transformative properties of painting are explored as aesthetic process and aesthetic product in abstract painting. Consideration is given to precedents within modern culture and the arts in relation to mainstream and marginal practice, along with the concept of the Other as Outsider. Speculations on the idea of altered states of consciousness are explored in relation to different values (both cultural and a-cultural) and the primacy of imagination in the formation of affective relationships between self and world.
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Palmer, Josephine Chiara. "Factors associated with professional nursing practice in medical-surgical nurses". Thesis, The University of Arizona, 1990. http://hdl.handle.net/10150/277266.
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The purpose of this study was to identify and describe factors perceived to be important to nursing practice by registered nurses. The sample, 170 medical-surgical nurses, was 37% of the total in the primary study (N = 455). An exploratory/descriptive design was used to content analyze the qualitative data obtained from one open-ended question asked in the Differentiated Group Professional Practice in Nursing project. Results showed two concepts in the conceptual framework, Group Cohesion and Job Satisfaction, with regard to Pay and Physician/Nurse Relationships, were supported. Other categories generated included the importance of Administrative Support, both Nursing and Non-Nursing, Education, Adequate Staffing, Flexibility in Hours, and Role Recognition. Another set of responses were categorized as Conflicts - Dissatisfiers. Categories generated included Entry into Practice, Non-Nursing Functions and Changing Attitudes.
Livros sobre o assunto "Practice of law – psychological aspects"
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Advanced Family Law Seminar (5th 1989). Fifth Annual Advanced Family Law Seminar: Psychological aspects of family law practice, understanding and using the evidence. [Virginia]: The Foundation, 1989.
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Ryan, Patrick M. Profile of a litigator: Personality traits of the personal injury attorney. Sacramento, Calif: Droit Pub., 1996.
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Sells, Benjamin. The soul of the law. Rockport, Mass: Element, 1994.
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A, Arrigo Bruce, ed. Psychological jurisprudence: Critical explorations in law, crime, and society. Albany: State University of New York Press, 2004.
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Lloyd-Bostock, Sally M. Law in practice: Applications of psychology to legal decision making and legal skills. Chicago, Ill: Lyceum Books, 1989.
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Lloyd-Bostock, Sally M. Law in practice: Applications of psychology to legal decision making and legal skills. [London]: British Psychological Society, 1988.
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Sternlight, Jean R., e Jennifer K. Robbennolt. Psychology for lawyers. Chicago: American Bar Association, 2012.
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Elwork, Amiram. Stress management for lawyers: How to increase personal & professional satisfaction in the law. 2a ed. Gwynedd, Pa: Vorkell Group, 1997.
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Daicoff, Susan Swaim. Lawyer, know thyself: A psychological analysis of personality strengths and weaknesses. Washington, D.C: American Psychological Association, 2004.
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R, Simmons Jeffrey, ed. Life, law, and the pursuit of balance: A lawyer's guide to quality of life. [Maricopa County? Ariz.]: Maricopa County Bar Association in partnership with the State Bar of Arizona Young Lawyers Division and the American Bar Association Young Lawyers Division, 1996.
Encontre o texto completo da fonteCapítulos de livros sobre o assunto "Practice of law – psychological aspects"
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Szwabo, Peggy A. "Psychological Aspects of Ageing". In Pathy's Principles and Practice of Geriatric Medicine, 43–48. Chichester, UK: John Wiley & Sons, Ltd, 2012. http://dx.doi.org/10.1002/9781119952930.ch4.
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Pócza-Véger, Petra. "Health psychological aspects of pain". In Clinical health psychology in practice, 165–71. Szeged, Hungary: Szegedi Egyetemi Kiadó, 2022. http://dx.doi.org/10.14232/sztep.chpp.2022.12.
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Bousie, Leah, Emma Patten e Rebecca Ramsden. "Psychological Aspects of Obesity Management". In Bariatric Surgery in Clinical Practice, 145–52. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-83399-2_21.
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Fisch, M. "Psychological and Psychosomatic Aspects of Dentistry". In Psychosomatic Disorders in General Practice, 123–36. Berlin, Heidelberg: Springer Berlin Heidelberg, 1992. http://dx.doi.org/10.1007/978-3-642-76940-5_5.
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Fallowfield, Lesley. "Psychological Aspects of Malignant Melanoma". In Diagnosis and Management of Melanoma in Clinical Practice, 173–83. London: Springer London, 1992. http://dx.doi.org/10.1007/978-1-4471-1925-8_13.
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Strentz, Thomas. "Non-Law Enforcement/Correctional Crisis Negotiators". In Psychological Aspects of Crisis Negotiation, 56–65. Third Edition. | New York: Routledge, 2018. | Revised edition of the author’s Psychological aspects of crisis negotiation, c2012.: CRC Press, 2017. http://dx.doi.org/10.1201/9781315150581-8.
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Costantino, Domenico. "The Transgender: Legal Path to Surgery". In Practical Clinical Andrology, 283–89. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-11701-5_22.
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AbstractThe right to gender identity starts from the need to recognize to individuals a right to self-determination that is considered, in the private and family field, absolute and insusceptible of conditions and limits to its exercise, in the sense that it pertains to that field of freedom that the legal system must protect from aggression, and that it itself cannot attack. Law no. 164 of 14 April 1982 lays down rules on the rectification of the attribution of sex, for a complete regulation of the procedural aspects of the relevant procedure. According to Court of Cassation 20 July 2015 no. 15138, the desire to realize a coincidence between soma and psyche is the result of an elaboration of one’s gender identity, realized with the support of necessary medical and psychological treatments and the path of adaptation is a process of self-determination. In light of constitutional jurisprudence, the rectification of the personal data of the attribution of sex is possible, only on the medico-legal confirmation of the so-called gender dysphoria, even, that is, in the absence of a preventive surgical intervention to adapt the primary sexual characteristics to the “psychic sex.” It is left to the free and unquestionable will of the individual, the decision whether or not to precede the request for rectification of the registry from the submission to the surgical reassignment of the sex.
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Affleck, Andrew G., e Lesley Howells. "Psycho-Dermato-Oncology: Psychological Aspects of Skin Cancer". In Psychodermatology in Clinical Practice, 151–72. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-54307-5_13.
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Teleki, Szidalisz, István Tiringer e Beatrix Rafael. "Health psychological aspects in the treatment of cardiovascular patients". In Clinical health psychology in practice, 47–58. Szeged, Hungary: Szegedi Egyetemi Kiadó, 2022. http://dx.doi.org/10.14232/sztep.chpp.2022.3.
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Fischer, Horst. "Some Aspects of German State Practice Concerning IHL". In Yearbook of International Humanitarian Law, 380–92. The Hague: T.M.C. Asser Press, 1998. http://dx.doi.org/10.1007/978-90-6704-747-0_24.
Texto completo da fonteTrabalhos de conferências sobre o assunto "Practice of law – psychological aspects"
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Kulakova, Svetlana Vladimirovna, e Pavel Nikolaevich Kazberov. "Substantial Aspects of Psychological Preparation of Operational Staff to Work with Persons Convicted for Terrorist Activities". In VII INTERNATIONAL SCIENTIFIC-PRACTICAL CONFERENCE “CRIMINAL LAW AND OPERATIVE SEARCH ACTIVITIES: PROBLEMS OF LEGISLATION, SCIENCE AND PRACTICE”. SCITEPRESS - Science and Technology Publications, 2021. http://dx.doi.org/10.5220/0010632500003152.
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Suslov, Yuri Evgenievich, e Alexander Fedorovich Fedorov. "The Psychological Aspect of the Formation of Professionalism in the Employees of the Operational Service". In VII INTERNATIONAL SCIENTIFIC-PRACTICAL CONFERENCE “CRIMINAL LAW AND OPERATIVE SEARCH ACTIVITIES: PROBLEMS OF LEGISLATION, SCIENCE AND PRACTICE”. SCITEPRESS - Science and Technology Publications, 2021. http://dx.doi.org/10.5220/0010633400003152.
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Dzedone, Dace, e Anika Miltuze. "Parenting Practices, Communication about Adoption and Children’s Behavior Problems in Adoptive Families". In 81th International Scientific Conference of the University of Latvia. University of Latvia Press, 2023. http://dx.doi.org/10.22364/htqe.2023.03.
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Aspects relating to adoption have not been much in focus of psychology research in Latvia. The aim of the study was to investigate associations between parenting practices, attitude and communication about adoption and child behavior problems in adoptive families raising school-age children, as well as to investigate to what extent parenting practices, attitude and communication about adoption, as well as parent’s perception of adopted child’s adverse childhood experiences explains the internalized and externalized child behavior problems. Participants were 130 adoptive parents (94.6% women and 5.4% men) who are currently raising at least one adopted child between the ages of 7 and 18 (50.8% girls, 49.2% boys). Alabama Parenting Questionnaire, psychological control scale from Block’s Child Rearing Practices Report, parent report form of the Child Behavior Checklist were used in the study, as well as Kirk’s Adoption Questionnaire, which was adapted as part of the study. Results of the study revealed that adverse childhood experience, empathy for the child’s understanding and feelings about adoption, maladaptive parenting practices – inconsistent discipline and low involvement predict internalized behavior problems. On the other hand, poor monitoring/ supervision, psychological control, as well as adverse childhood experience and acknowledgement of differences related to adoption by adoptive parents predict externalized behavior problems. Implications for practice include recommendation to empathize the importance of positive parenting practices during pre and post-adoption trainings for adoptive parents.
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Odinochkina, Elena Victorovna. "Some aspects of psychological alienation". In IX International Research-to-practice conference. TSNS Interaktiv Plus, 2016. http://dx.doi.org/10.21661/r-113061.
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Maria, Spihenkova, Moiseev Artem, Kirichkova Margarita, Krasnoschechenko Irina e Arpentieva Mariam. "Psychological aspects of personal safety". In International Conference on the Theory and Practice of Personality Formation in Modern Society (ICTPPFMS 2018). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/ictppfms-18.2018.25.
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Bocharnikov, Andrey, e Viktor Shagaev. "CINEMA IN THE CONTEXT OF THE INFORMATION WAR: IDEOLOGICAL, MORAL AND LEGAL ASPECTS". In Law and law: problems of theory and practice. ru: Publishing Center RIOR, 2020. http://dx.doi.org/10.29039/02033-3/019-030.
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Quapp, Ulrike, e Klaus Holschemacher. "Aspects of Building Contract Law and Professional Liability Under German Law". In Research, Development and Practice in Structural Engineering and Construction. Singapore: Research Publishing Services, 2012. http://dx.doi.org/10.3850/978-981-08-7920-4_ldr-1-0036.
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Shayakhmetova, L. A., A. I. Pevneva e А. V. Chernov. "Socio-psychological aspects of self-regulation of cognitive states in educational activity". In INTERNATIONAL SCIENTIFIC AND PRACTICAL ONLINE CONFERENCE. Знание-М, 2020. http://dx.doi.org/10.38006/907345-50-8.2020.326.337.
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The article considers the problem of the effectiveness of self-regulation of cognitive states, due to various socio-psychological factors. The theoretical and methodological basis of the study is the concept of self-regulation of mental states A. O. Prokhorov. In previous studies, various aspects of the self-regulation of cognitive states were touched, however, the socio-psychological factors of self-regulation of cognitive states remain practically unstudied. The purpose of the study: to identify the role of the psychological climate in determining the effectiveness of self-regulation of cognitive conditions of students in everyday learning activities. In the course of the study, the following methods were used: 1. Test for determining the index of group cohesion K. E. Sisora. 2. Methodology for assessing the microclimate of a student group V. M. Zavyalova. 3. Methodology for the effectiveness of self-regulation of mental states A. O. Prokhorova and A. N. Nazarova. In addition, to determine the effectiveness of self-regulation of mental states, students were asked to identify and evaluate cognitive states that occurred at the beginning, in the middle, and at the end of the lecture. As a result of the study, it was revealed that in groups with an average level of favorable psychological climate prevailed interest and reflection. Students studying in groups with a low-favorable level of psychological climate are more likely to experience states of immunity and boredom. The greatest impact of the psychological climate in the group is affected by such aspects of self-regulation of conditions as physiological processes and behavior: their indicators were higher in groups with a higher level of psychological climate. Further, for a greater differentiation of data using factor analysis, various indicators of the psychological climate were identified: «mutual assistance and support», «security» and «business activity of the group». It has been established that the greatest influence among the identified factors on the effectiveness of self-regulation is exerted by the indicator «group business activity».
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Farkhutdinova, Louisa. "Physiological And Psychological Aspects Of Stress Resistance Of Students". In Humanistic Practice in Education in a Postmodern Age. European Publisher, 2020. http://dx.doi.org/10.15405/epsbs.2020.11.100.
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Strazdina, Irina, e Svetlana Lanka. "SOCIO-PSYCHOLOGICAL ASPECTS OF CRISIS INTERVENTION IN SOCIAL WORK PRACTICE". In International Technology, Education and Development Conference. IATED, 2017. http://dx.doi.org/10.21125/inted.2017.1519.
Texto completo da fonteRelatórios de organizações sobre o assunto "Practice of law – psychological aspects"
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Zankovsky, Sergey S., e Petr P. Battakhov. DISSERTATION LAW: REGULATORY FRAMEWORK, PRACTICE AND CUSTOMS IN RUSSIA. DOI CODE, 2021. http://dx.doi.org/10.18411/1556-4590-7677-88654.
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The article considers the normative and practical aspects of the dissertation law, work of dissertation councils and certain elements of the procedures for defending dissertations. The importance of thorough preparation for the defense is emphasized and its directions are defined. Special attention is paid to the quality of the provisions submitted for defense. The analysis of typical errors in the formulation of such provisions is given.
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Harris, Jody, Sarah Gibbons, O’Brien Kaaba, Tabitha Hrynick e Ruth Stirton. A ‘Right to Nutrition’ in Zambia: Linking Rhetoric, Law and Practice. Institute of Development Studies (IDS), agosto de 2021. http://dx.doi.org/10.19088/ids.2021.051.
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Zambians in all walks of life are affected by malnutrition, and working through human rights is one key way to address this injustice. Based on research aiming to understand how a ‘right to nutrition’ is perceived by different actors globally and in Zambia, this brief presents a clear framework for a rights-based approach to nutrition in Zambia. This framework identifies rhetorical, legal and practical functions of human rights, and offers a way to think through clearly how different actors might work on the different aspects of rights. Addressing these three aspects of a right to nutrition all together – instead of by very separate constituencies as happens now – is fundamental to a coherent rights-based approach to nutrition. This brief outlines which actors need to come together – from law and policy, activism and communities, across global, national and local levels – and suggests how to start. It lays out the Zambian policy, legal and practical environment as it stands, and suggests actions to move forward in each of these areas in ways that are consistent with the different aspects of rights. Through these steps, Zambia can become known as a hub of action on a right to nutrition, to join with others in using human rights to address the injustice of malnutrition.
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LEONOV, T. M., V. M. BOLSHAKOVA e P. YU NAUMOV. THEORETICAL AND LEGAL ASPECTS OF PROVIDING MEDICAL ASSISTANCE TO EMPLOYEES OF THE MILITARY PROSECUTOR’S OFFICE. Science and Innovation Center Publishing House, 2021. http://dx.doi.org/10.12731/2576-9634-2021-5-4-12.
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The work is devoted to a comprehensive study of medical support, incl. sanatorium-resort treatment of employees of the military prosecutor’s office and members of their families (persons who are dependent on them). It is noted that health care is structurally included in services that, in addition to cash payments and benefits in kind, represent the entire social security system. The main attention in the article is focused on the analysis of the normative legal regulation of the health protection of employees of the military prosecutor’s office, as well as the provision of medical assistance to them (prophylactic medical examination, medical examination, military medical examination, medical and psychological rehabilitation, sanatorium treatment, reimbursement of expenses for drugs and treatment) of proper quality and in the required volume. The key scientific results of the study are the generalization of legal information and scientific knowledge about the procedure for providing medical assistance to employees of the military prosecutor’s office. The main scientific results of the article can be applied to organize training in the discipline «Military law and military legislation». The article will be of interest to persons conducting scientific research on the problems of social protection of servicemen and their families.
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Jore Ali, Aisha, Javier Fuenzalida, Margarita Gómez e Martin Williams. FOUR LENSES ON PEOPLE MANAGEMENT IN THE PUBLIC SECTOR. People in Government Lab, maio de 2021. http://dx.doi.org/10.35489/bsg-peoplegov-wp_2021/001.
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We review the literature on people management and performance in organisations across a range of disciplines, identifying aspects of management where there is clear evidence about what works as well as aspects where the evidence is mixed or does not yet exist. We organise our discussion by four lenses, or levels of analysis, through which people management can be viewed: (i) individual extrinsic, intrinsic, and psychological factors; (ii) organisational people management, operational management, and culture; (iii) team mechanisms, composition and structural features; and (iv) relationships, including networks, leadership, and individuals’ relationships to their job and tasks. Each of these four lenses corresponds not only to a body of literature but also to a set of management tools and approaches to improving public employees’ performance; articulating the connections across these perspectives is an essential frontier for research. We find that existing people management evidence and practice have overemphasised formal management tools and financial motivations at the expense of understanding how to leverage a broader range of motivations, build organisational culture, and use informal and relational management practices. We suggest that foregrounding the role of relationships in linking people and performance – relational public management – may prove a fertile and interdisciplinary frontier for research and practices.
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Williams, Janine, Maria Hameed Khan, Robyn Mayes, Trish Obst e Benjamin Lowe. Getting on at Work: Progression and Promotion of Women with Disability in the Victorian Public Service. Queensland University of Technology, 2023. http://dx.doi.org/10.5204/rep.eprints.241144.
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Overview of the Project Gender inclusivity and equal employment opportunities are key priorities for the Victorian Government. The Gender Equality Act 2020 (the Act) commenced in March 2021 and laid the foundation to improve workplace gender equality in the Victorian public sector. The legislation requires Victorian public sector entities to explicitly address intersecting forms of inequality and disadvantage. The research project aimed to centre the voices of women with disability to provide evidence-based insights into the enablers, barriers and inclusive practices shaping their career progression and promotion in the Victorian Public Service. The research team reviewed scholarly literature, analysed data extracts from the People Matter Survey (2021) and interviewed 49 women with disability from across the Victorian Public Service. Summary of Key Findings People Matter Survey Data 2021 Analysis of the People Matter Survey 2021 data extracts identified statistically significant insights. People who identified as having a disability analysed by gender identity indicated that: ● women and people who identified as non-binary and ‘other’ reported having a disability more often than men. ● women were more likely to use one or more flexible work arrangements. ● more requests for workplace adjustments were made by women, non-binary or ‘other’ gender identities and disability was often identified as a reason for requesting workplace adjustments. ● women and men reported low perceptions of workplace culture related to disability. This was significantly lower for respondents who identified as non-binary, ‘other’ or who preferred not to state their gender. Research Interviews with Women with Disability Interviews with women with disability identified three career patterns. Firstly, broadly inclusive, and positive career experiences. Secondly, broadly non-inclusive career experiences which led participants to feel unsure they had a future career in the VPS. Thirdly, most participants experienced a range of inclusive and non-inclusive career experiences which varied depending on the VPS employer or team in which they were employed. Overall, participants highlighted a desire for: ● the VPS to move forward with more consistency in how it enables the careers of women with disability across all roles and levels of seniority. ● the VPS to move away from putting women with disability in the ‘too hard basket’ towards developing a culture where disability inclusion is characterised by relationships and interactions that reflect ‘respect’ and ‘trust’. Eight themes draw together insights from the interviews with women with disability and identify experiences of the VPS workplace that can enable or create barriers to career progression: ● Sharing Disability Information ● Requesting Workplace Adjustments ● Disability Advocacy ● Team Relations ● Impact of Managers and Supervisors ● Mentorship ● Disability Leadership ● Policy Context and Application To build on the enabling aspects of women with disabilities experiences and remove barriers, the VPS should focus on fostering VPS workplaces where respect and trust are embedded throughout the broader culture. There may be value in identifying one or a small group of VPS employers to lead on developing the inclusive practices identified by participants. The inclusive practices identified by participants were drawn together into three key areas: VPS Managers and Supervisors; Psychological Safety; and VPS Policies and Practices. Respecting the agency of women with disability, their capability and capacity to navigate their career contexts, the report suggests three key areas women with disability may want to focus their energy and sources of support: seeking out mentoring opportunities, considering how they can advocate for their inclusion requirements, and exploring opportunities to share their career experiences with other women with disability.
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Lewis, Dustin, e Naz Modirzadeh. Taking into Account the Potential Effects of Counterterrorism Measures on Humanitarian and Medical Activities: Elements of an Analytical Framework for States Grounded in Respect for International Law. Harvard Law School Program on International Law and Armed Conflict, maio de 2021. http://dx.doi.org/10.54813/qbot8406.
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For at least a decade, States, humanitarian bodies, and civil-society actors have raised concerns about how certain counterterrorism measures can prevent or impede humanitarian and medical activities in armed conflicts. In 2019, the issue drew the attention of the world’s preeminent body charged with maintaining or restoring international peace and security: the United Nations Security Council. In two resolutions — Resolution 2462 (2019) and Resolution 2482 (2019) — adopted that year, the Security Council urged States to take into account the potential effects of certain counterterrorism measures on exclusively humanitarian activities, including medical activities, that are carried out by impartial humanitarian actors in a manner consistent with international humanitarian law (IHL). By implicitly recognizing that measures adopted to achieve one policy objective (countering terrorism) can impair or prevent another policy objective (safeguarding humanitarian and medical activities), the Security Council elevated taking into account the potential effects of certain counterterrorism measures on exclusively humanitarian activities to an issue implicating international peace and security. In this legal briefing, we aim to support the development of an analytical framework through which a State may seek to devise and administer a system to take into account the potential effects of counterterrorism measures on humanitarian and medical activities. Our primary intended audience includes the people involved in creating or administering a “take into account” system and in developing relevant laws and policies. Our analysis zooms in on Resolution 2462 (2019) and Resolution 2482 (2019) and focuses on grounding the framework in respect for international law, notably the U.N. Charter and IHL. In section 1, we introduce the impetus, objectives, and structure of the briefing. In our view, a thorough legal analysis of the relevant resolutions in their wider context is a crucial element to laying the conditions conducive to the development and administration of an effective “take into account” system. Further, the stakes and timeliness of the issue, the Security Council’s implicit recognition of a potential tension between measures adopted to achieve different policy objectives, and the relatively scant salient direct practice and scholarship on elements pertinent to “take into account” systems also compelled us to engage in original legal analysis, with a focus on public international law and IHL. In section 2, as a primer for readers unfamiliar with the core issues, we briefly outline humanitarian and medical activities and counterterrorism measures. Then we highlight a range of possible effects of the latter on the former. Concerning armed conflict, humanitarian activities aim primarily to provide relief to and protection for people affected by the conflict whose needs are unmet, whereas medical activities aim primarily to provide care for wounded and sick persons, including the enemy. Meanwhile, for at least several decades, States have sought to prevent and suppress acts of terrorism and punish those who commit, attempt to commit, or otherwise support acts of terrorism. Under the rubric of countering terrorism, States have taken an increasingly broad and diverse array of actions at the global, regional, and national levels. A growing body of qualitative and quantitative evidence documents how certain measures designed and applied to counter terrorism can impede or prevent humanitarian and medical activities in armed conflicts. In a nutshell, counterterrorism measures may lead to diminished or complete lack of access by humanitarian and medical actors to the persons affected by an armed conflict that is also characterized as a counterterrorism context, or those measures may adversely affect the scope, amount, or quality of humanitarian and medical services provided to such persons. The diverse array of detrimental effects of certain counterterrorism measures on humanitarian and medical activities may be grouped into several cross-cutting categories, including operational, financial, security, legal, and reputational effects. In section 3, we explain some of the key legal aspects of humanitarian and medical activities and counterterrorism measures. States have developed IHL as the primary body of international law applicable to acts and omissions connected with an armed conflict. IHL lays down several rights and obligations relating to a broad spectrum of humanitarian and medical activities pertaining to armed conflicts. A violation of an applicable IHL provision related to humanitarian or medical activities may engage the international legal responsibility of a State or an individual. Meanwhile, at the international level, there is no single, comprehensive body of counterterrorism laws. However, States have developed a collection of treaties to pursue specific anti-terrorism objectives. Further, for its part, the Security Council has assumed an increasingly prominent role in countering terrorism, including by adopting decisions that U.N. Member States must accept and carry out under the U.N. Charter. Some counterterrorism measures are designed and applied in a manner that implicitly or expressly “carves out” particular safeguards — typically in the form of limited exceptions or exemptions — for certain humanitarian or medical activities or actors. Yet most counterterrorism measures do not include such safeguards. In section 4, which constitutes the bulk of our original legal analysis, we closely evaluate the two resolutions in which the Security Council urged States to take into account the effects of (certain) counterterrorism measures on humanitarian and medical activities. We set the stage by summarizing some aspects of the legal relations between Security Council acts and IHL provisions pertaining to humanitarian and medical activities. We then analyze the status, consequences, and content of several substantive elements of the resolutions and what they may entail for States seeking to counter terrorism and safeguard humanitarian and medical activities. Among the elements that we evaluate are: the Security Council’s new notion of a prohibited financial “benefit” for terrorists as it may relate to humanitarian and medical activities; the Council’s demand that States comply with IHL obligations while countering terrorism; and the constituent parts of the Council’s notion of a “take into account” system. In section 5, we set out some potential elements of an analytical framework through which a State may seek to develop and administer its “take into account” system in line with Resolution 2462 (2019) and Resolution 2482 (2019). In terms of its object and purpose, a “take into account” system may aim to secure respect for international law, notably the U.N. Charter and IHL pertaining to humanitarian and medical activities. In addition, the system may seek to safeguard humanitarian and medical activities in armed conflicts that also qualify as counterterrorism contexts. We also identify two sets of preconditions arguably necessary for a State to anticipate and address relevant potential effects through the development and execution of its “take into account” system. Finally, we suggest three sets of attributes that a “take into account” system may need to embody to achieve its aims: utilizing a State-wide approach, focusing on potential effects, and including default principles and rules to help guide implementation. In section 6, we briefly conclude. In our view, jointly pursuing the policy objectives of countering terrorism and safeguarding humanitarian and medical activities presents several opportunities, challenges, and complexities. International law does not necessarily provide ready-made answers to all of the difficult questions in this area. Yet devising and executing a “take into account” system provides a State significant opportunities to safeguard humanitarian and medical activities and counter terrorism while securing greater respect for international law.
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NELYUBINA, E., e L. PANFILOVA. ASSESSMENT OF THE QUALITY OF EDUCATIONAL ELECTRONIC PUBLICATIONS AND RESOURCES. Science and Innovation Center Publishing House, 2021. http://dx.doi.org/10.12731/2658-4034-2021-12-4-2-85-97.
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Now the whole life of a person has switched to online mode. These changes also affected the education system. This means the need to introduce new technologies into the educational process. Books, manuals, printed publications are being replaced by electronic educational resources. Providing up-to-date, verified information to students has always been and remains one of the most important functions of the teacher. Unfortunately, with the transition of training to the online mode, the teacher cannot use his literature when conducting classes. In this regard, there is a need to use electronic resources. On the one hand, the development of the global network implies the presence of a large number of a wide variety of sites, which cannot but be a positive aspect, because both the teacher and the student can independently choose a resource that will be most understandable. But on the other hand, the variety of Internet resources implies the presence of unverified, false information, which can negatively affect the quality of education. That is why it is necessary to analyze new information systems. The problem is the presence of a large number of information technologies and resources used in education. Purpose. The goal is to conduct a comparative analysis of educational electronic publications and resources most often used by teachers of the natural science cycle in terms of their fullness, accessibility and use in the educational process. Method or methodology of the work. The requirements for the organization of a comprehensive examination suggest an approach that includes an examination of technical and technological, psychological, pedagogical and design-ergonomic aspects of the creation and use of educational electronic publications and resources, in our work we were based precisely on generalized research methods: 1) Technical and technological expertise (technical component of the site, its position in the network). 2) Psychological and pedagogical expertise (component by the type of educational electronic publication or resource, level of education, type and form of the educational process, assessment of the content and scenario of the informatization tool). 3) Design-ergonomic expertise (assessment of the quality of interface components of educational electronic publications and resources, their compliance with uniform ergonomic, aesthetic and health-saving requirements; assessment of the quality of interface components of educational electronic editions and resources, their compliance with uniform ergonomic, aesthetic and health-saving requirements). Results. The main sites that are frequently used by teachers of the natural science cycle of disciplines are the Russian Textbook corporation, the Enlightenment group of companies, the Binom publishing house, the Digital Age School, the practical significance of the study is determined by the high level of readiness of the results obtained, during the study it was found that it is advisable to introduce an information-electronic educational site - the Russian textbook corporation - into the pedagogical practice of the implementation of natural science subjects. The advantages of this server were established and recommendations for its use in the educational process were developed. Practical implications: the results obtained are expedient to be applied in educational institutions of the Russian Federation.