2,070 results on '"voluntariness"'
Search Results
2. Why voluntariness cannot ground cultural rights restrictions for immigrants.
- Author
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Kollar, Eszter and De Schutter, Helder
- Subjects
LINGUISTIC rights ,CULTURAL rights ,CULTURAL identity ,CONTEXTUAL analysis ,IMMIGRANTS' rights ,EMIGRATION & immigration - Abstract
Should immigrants have fewer cultural and language rights than citizens and long-settled groups, and if so, on what moral ground? In the first part of the paper, we develop a novel critique of Kymlicka's account of voluntary cultural rights alienation, arguing that it is only plausible in the context of emigration, not immigration. We argue that the choice to immigrate cannot be considered voluntary without it being sufficiently clear to the migrant what her rights and duties will be in the new society. If so, then voluntariness cannot morally ground a particular rights regime in the destination country. Any such rights regime must be justified on independent moral grounds. Secondly, we argue that voluntariness can play a different role in a normative argument for cultural rights-differentiation between citizens and denizens. It can i) mitigate the overall injustice of differential treatment; and it can ii) instantiate the justice of how rules apply to the immigrant in a reasonably just society. Thirdly, we sketch an alternative moral grounding of cultural and language rights differentiation that rests, not on voluntariness, but on a contextual analysis of the relevant interests involved. While the protection of these relevant interests gives us reasons to prioritize the language(s) of long-settled groups in many cases, there is no general case for restricting the full recognition of language and culture to long-settled groups. [ABSTRACT FROM AUTHOR]
- Published
- 2025
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- View/download PDF
3. When Treatment Pressures Become Coercive: A Context-Sensitive Model of Informal Coercion in Mental Healthcare.
- Author
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Hempeler, Christin, Braun, Esther, Potthoff, Sarah, Gather, Jakov, and Scholten, Matthé
- Subjects
- *
MENTAL illness treatment , *PATIENT compliance , *CONTROL (Psychology) , *MENTAL health services , *PSYCHIATRY , *DECISION making in clinical medicine , *PHYSICIAN-patient relations , *INFORMED consent (Medical law) , *COMMUNICATION , *INTERPERSONAL relations - Abstract
Treatment pressures are communicative strategies that mental health professionals use to influence the decision-making of mental health service users and improve their adherence to recommended treatment. Szmukler and Appelbaum describe a spectrum of treatment pressures, which encompasses persuasion, interpersonal leverage, offers and threats, arguing that only a particular type of threat amounts to informal coercion. We contend that this account of informal coercion is insufficiently sensitive to context and fails to recognize the fundamental power imbalance in mental healthcare. Based on a set of counterexamples, we argue that what makes a proposal coercive is not whether service users will actually be made worse off if they reject the proposal, but rather whether they have the justified belief that this is the case. Whether this belief is justified depends on the presence of certain contextual factors, such as strong dependency on professionals and the salient possibility of formal coercion. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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- View/download PDF
4. The politics of voluntariness in modern history: introduction.
- Author
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Martschukat, Jürgen and Oeser, Alexandra
- Subjects
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MODERN history , *SEVENTEENTH century , *NINETEENTH century , *TWENTIETH century , *LIBERALISM - Abstract
The introduction to the theme issue on the Politics of Voluntariness in Modern History starts by discussing the origins and uses of the liberal discourse on voluntariness in the seventeenth century. It was during this period that philosophers and politicians began to present voluntariness as specific to liberalism. By the same token, voluntariness and authoritarian rule have been declared incompatible. This introduction and the papers in the theme issue critically discuss the exclusive linkage of voluntariness and liberalism – an interpretation that fails to capture authoritarian governing in its entirety, while ignoring compulsory and exclusionary practices in liberal societies. This theme issue shows voluntariness to be essential to policies and political practices in both liberal and illiberal societies. Political practices are at the core of our articles: amid a web of actors, institutions, discourses, and expectations, the individual means and capacity to act voluntarily, make choices, and overcome constraints are historically and socially variable. The introduction and the theme issue explore this variability to illuminate how voluntariness operates as a driving force for political practices in liberal and illiberal societies, drawing on case studies from German, Swiss, and U.S.-American history in the nineteenth and twentieth centuries. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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- View/download PDF
5. Dissolving boundaries: work, activity, and voluntariness in digitized capitalism.
- Author
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van Dyk, Silke, Graefe, Stefanie, and Lorig, Philipp
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ELECTRONIC commerce , *VALUE creation , *VALUE (Economics) , *HIGH technology industries , *CAPITALISM - Abstract
The article focuses on voluntariness as a mode of restructuring work in 21st century digitalized capitalism. What can be observed is a blurring of the boundaries between work, reproduction, leisure and engagement. We pursue the thesis that this transformation in the ‘nature’ of work corresponds to a (newly emerging) ‘mixed-activity economy’ in which people, on the one hand, create economic value in the sphere of consumption or leisure. On the other hand, reproductive requirements and economic necessities in everyday work and life can be flexibly linked through time-flexible platform work. In any case, the forms of corporate value creation and access to human productivity are changing radically insofar as they are no longer limited to classic wage labor alone. The invocation of voluntarism plays a key legitimizing role in this transformation. Based on a theoretical reconstruction of the concept of voluntariness, we bring together new forms of value creation through appropriation of resources outside of wage labor and the systematic analysis of voluntariness as a currently significant mode of action and governance in the digital economy. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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6. What does voluntariness do to participation? <italic>Mitmachen</italic> in New Deal America and National Socialist Germany, 1933−1945.
- Author
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Martschukat, Jürgen and Oeser, Alexandra
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NAZIS , *NAZI Germany, 1933-1945 , *NATION-state , *PARTICIPATION , *MOTIVATION (Psychology) - Abstract
This article interrogates the significance of voluntary participation to both liberal and illiberal societies. Based on conceptual discussions of the terms voluntariness and
mitmachen , the article merges two exemplary studies of court cases in New Deal America and Nazi Germany. Both cases bring out how liberal and illiberal societies depend on, rely on, motivate, inculcate, demand, and try to enforce their citizens’ voluntary participation, which is best captured by the German termmitmachen . In both New Deal America and National Socialist Germany, it was evidently the voluntariness of participation that constituted what was perceived as a good citizen-subject. Yet both cases show citizens’ reluctance and even refusal to comply with the state’s demand for voluntary participation. They also exhibit differences in this regard. Whereas the defendants in the American court case succeeded in denying the state the right to enforce their participation against their will, for the German defendant, accused of undermining the war effort, his voluntary engagement for the National Socialist state in other respects had only mitigating effects. [ABSTRACT FROM AUTHOR]- Published
- 2024
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7. Der Mensch ist gut: Der Beitrag der »Zürcher Schule« zur individualpsychologischen Bildungsarbeit.
- Author
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Adams, Donat, Rüedi, Jürg, and Truttmann, Paul A.
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ADLERIAN psychology , *PSYCHOLOGICAL resilience , *LEARNING , *LEARNING ability , *SCHOOL psychology - Abstract
The human being is good: The contribution of the »Zurich School« to individual psychological educational work Between 1952 and 1982, under the leadership of Friedrich Liebling, a complex structure of advisory and therapeutic individual and group work emerged in Zurich. Important impulses from Alfred Adler's school of individual psychology were included and further developed. Among other things, the traditional view of man and the concept of good and evil were revised. The discussion incorporated scientific findings of the time, such as e. g. Portmann's concept of physiological prematurity. It requires an openness and ability to learn in humans, which can be to their advantage or disadvantage. What a child learns can prove to be fatal for their entire life, especially if its perception of others is distorted. The individual examination of the notion of humanity was expanded to include cultural analysis. The resulting cognitive guidelines for emotional changes in psychotherapy and education also make it possible to clarify questions of resilience and psychological stability. With an affirmative view of humanity, education can make a significant contribution to mental health. Accordingly, education and school were at the center of interest in the work of the »Zurich School«. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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8. Hard Paternalism and Confucian Familism.
- Author
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Hung, Andrew Tsz Wan
- Abstract
In this paper, I criticize Joel Feinberg's argument of soft paternalism, which stands against hard paternalism, as being untenable. As assessing one's voluntariness is very difficult and controversial, paternalistic measures would be preferable to be implemented by hard paternalism rather than soft paternalism. I then examine four usual criticisms of hard paternalism from the perspective of utilitarianism and the principle of autonomy. I argue that these criticisms are unsound and unfounded, and I defend hard paternalism from the perspective of Confucian familism. I argue that as one's life and identity are inseparable from one's family, "self-regarding" actions, traditionally understood, do not only affect the self, but also one's family members. Thus, paternalistic measures to protect individuals from self-harming are also aimed to protect their family members which are indeed compatible with Mill's harm principle. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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9. Guilty Pleas
- Author
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Holmen, Sebastian Jon and Ryberg, Jesper, book editor
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- 2024
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10. Coerced consent in clinical research: study protocol for a randomized controlled trial
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Connor T. A. Brenna, Nancy Walton, Melanie Cohn, Urooj Siddiqui, Ella Huszti, and Richard Brull
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Coercion ,Voluntariness ,Research consent ,Clinical trials ,Perioperative research ,Medicine (General) ,R5-920 - Abstract
Abstract Background Despite the low-risk nature of participation in most clinical anesthesia trials, subject recruitment on the same day as surgery is often restricted due to the concerns of researchers and local research ethics boards that same-day consent may not afford adequate time and opportunity for patients to weigh and make decisions, as well as perceptions of patient vulnerability immediately prior to surgery that could impact the voluntary nature and the rigor of the informed consent process. However, specialties such as anesthesiology, critical care, interventional radiology, and emergency medicine have a varied pattern of practice and patient acquaintance that does not typically afford the luxury of time or, in many cases, advance consent for participation in research. Indeed, the initial encounter between anesthesiologists and patients undergoing elective procedures routinely occurs on the day of surgery. Concerns of coercion related to same-day consent for clinical anesthesia research trials have not been borne out in the literature, and represent a significant obstacle to clinical researchers, as well as to the patients who are denied opportunities for potential benefit through participation in research studies. Methods We describe the protocol for a prospective randomized controlled trial examining the voluntariness of patient consent, solicited either in advance of surgery or on the same day, to participate in an anesthesia research study at Women’s College Hospital. One hundred fourteen patients scheduled to undergo ambulatory anterior cruciate ligament repair facilitated by general anesthesia with an adductor canal block will be randomized for recruitment either (a) in the pre-operative assessment clinic before the day of surgery or (b) on the day of surgery, to be approached for consent to participate in a fabricated research study of adjunct medications in adductor canal blocks. Regardless of allocation, patients in both groups will receive the same routine standard of care and will complete a post-operative questionnaire to signal perceptions of undue influence in the process of providing informed consent for the fabricated trial. Discussion This study will inform trial design and practice guidelines surrounding the amount of time patients ought to be afforded in order to make durable decisions to participate (or not) in clinical research studies. This is expected to impact trial recruitment in a variety of clinical settings where researchers have only brief opportunities to interface with patients. Trial registration The trial was registered prospectively on the Open Science Framework (OSF), registration #46twc, on 2023-Mar-17.
- Published
- 2024
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11. Strategies to promote treatment compliance: a grounded theory study with relatives of people with a serious mental health condition
- Author
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Christin Hempeler, Sarah Potthoff, Matthé Scholten, Georg Juckel, and Jakov Gather
- Subjects
Treatment pressure ,Psychological pressure ,Informal coercion ,Informal caregiving ,Informed consent ,Voluntariness ,Psychiatry ,RC435-571 - Abstract
Abstract Background Treatment pressures encompass communicative strategies that influence mental healthcare service users’ decision-making to increase their compliance with recommended treatment. Persuasion, interpersonal leverage, inducements, and threats have been described as examples of treatment pressures. Research indicates that treatment pressures are exerted not only by mental healthcare professionals but also by relatives. While relatives play a crucial role in their family member’s pathway to care, research on the use of treatment pressures by relatives is still scarce. Likewise, little is known about other strategies relatives may use to promote the treatment compliance of their family member with a serious mental health condition. In particular, no study to date has investigated this from the perspective of relatives of people with a serious mental health condition. Aim The aim of this study was to answer the following research questions: Which types of treatment pressures do relatives use? Which other strategies do relatives use to promote the treatment compliance of their family member with a serious mental health condition? How do treatment pressures relate to these other strategies? Methods Eleven semi-structured interviews were conducted with relatives of people with a serious mental health condition in Germany. Participants were approached via relatives’ self-help groups and flyers in a local psychiatric hospital. Inclusion criteria were having a family member with a psychiatric diagnosis and the family member having experienced formal coercion. The data were analyzed using grounded theory methodology. Results Relatives use a variety of strategies to promote the treatment compliance of their family member with a serious mental health condition. These strategies can be categorized into three general approaches: influencing the decision-making of the family member; not leaving the family member with a choice; and changing the social or legal context of the decision-making process. Our results show that the strategies that relatives use to promote their family member’s treatment compliance go beyond the treatment pressures thus far described in the literature. Conclusion This qualitative study supports and conceptually expands prior findings that treatment pressures are not only frequently used within mental healthcare services but also by relatives in the home setting. Mental healthcare professionals should acknowledge the difficulties faced and efforts undertaken by relatives in seeking treatment for their family member. At the same time, they should recognize that a service user’s consent to treatment may be affected and limited by strategies to promote treatment compliance employed by relatives.
- Published
- 2024
- Full Text
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12. Do reconciliation events serve as a conciliatory signal?
- Author
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Ohtsubo, Yohsuke, Himichi, Toshiyuki, Inamasu, Kazunori, Kohama, Shoko, Mifune, Nobuhiro, and Tago, Atsushi
- Subjects
- *
RESEARCH funding , *SOCIAL perception , *SOCIAL skills , *COMMUNICATION , *TRUST , *CASE studies , *INTERPERSONAL relations , *CONFLICT management - Abstract
A set of four vignette studies (total N = 1600) examined whether voluntariness, novelty, vulnerability and irrevocability of reconciliation events serve as conciliatory signals that communicate serious intentions for improved relations. Studies 1 and 2 manipulated the presence of the four factors in the reconciliation event initiated by the political leader of a country in a relatively disadvantageous (Study 1) or advantageous (Study 2) position. Studies 1 and 2 revealed that the presence of substantial concession ('public announcement of abandonment of disputed region' in Study 1 and 'demolition of a military facility in the disputed region' in Study 2) enhanced signal effectiveness (participants perceived these concessions reflecting the political leader's serious conciliatory intention). Follow‐up studies (Studies 3A and 3B), which manipulated the level of concession (high vs. intermediate vs. low), confirmed the main result: High and intermediate levels of concession enhanced signal effectiveness compared to low concession. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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13. How sleep and fatigue shape statements in evidence: A psycho-legal perspective.
- Author
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Krizan, Zlatan and Curran, Breanna
- Subjects
- *
FATIGUE (Physiology) , *LEGAL evidence , *CRIMINAL justice system , *GOVERNMENTAL investigations , *SLEEP deprivation , *SLEEP interruptions , *TORTURE - Abstract
Testimonial evidence in the form of verbal accounts by victims, witnesses, and suspects plays a critical role in investigations and judicial proceedings, often serving as the only evidence during a trial. The psychological nature of testimonies causes this form of evidence to be inherently limited, motivating psycho-legal scholars to identify both risk factors and solutions necessary to improve its reliability. To this end, the current perspective argues that sleeprelated fatigue is a formative factor that influences the fidelity of statements and confessions provided during legal interactions. Specifically, it considers the prevalence of sleep disruption among subjects interacting with the criminal justice system, its likely impact onmemory of victims and witnesses, and the role of sleep deprivation in confessions. In view of legal doctrines relevant to both evidentiary and constitutional considerations, this analysis is meant to motivate future work at the intersection of sleep-related fatigue and legal processes. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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14. Strategies to promote treatment compliance: a grounded theory study with relatives of people with a serious mental health condition.
- Author
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Hempeler, Christin, Potthoff, Sarah, Scholten, Matthé, Juckel, Georg, and Gather, Jakov
- Subjects
PATIENT compliance ,MENTAL health services ,GROUNDED theory ,RELATIVES ,MENTAL health ,PSYCHIATRIC nursing - Abstract
Background: Treatment pressures encompass communicative strategies that influence mental healthcare service users' decision-making to increase their compliance with recommended treatment. Persuasion, interpersonal leverage, inducements, and threats have been described as examples of treatment pressures. Research indicates that treatment pressures are exerted not only by mental healthcare professionals but also by relatives. While relatives play a crucial role in their family member's pathway to care, research on the use of treatment pressures by relatives is still scarce. Likewise, little is known about other strategies relatives may use to promote the treatment compliance of their family member with a serious mental health condition. In particular, no study to date has investigated this from the perspective of relatives of people with a serious mental health condition. Aim: The aim of this study was to answer the following research questions: Which types of treatment pressures do relatives use? Which other strategies do relatives use to promote the treatment compliance of their family member with a serious mental health condition? How do treatment pressures relate to these other strategies? Methods: Eleven semi-structured interviews were conducted with relatives of people with a serious mental health condition in Germany. Participants were approached via relatives' self-help groups and flyers in a local psychiatric hospital. Inclusion criteria were having a family member with a psychiatric diagnosis and the family member having experienced formal coercion. The data were analyzed using grounded theory methodology. Results: Relatives use a variety of strategies to promote the treatment compliance of their family member with a serious mental health condition. These strategies can be categorized into three general approaches: influencing the decision-making of the family member; not leaving the family member with a choice; and changing the social or legal context of the decision-making process. Our results show that the strategies that relatives use to promote their family member's treatment compliance go beyond the treatment pressures thus far described in the literature. Conclusion: This qualitative study supports and conceptually expands prior findings that treatment pressures are not only frequently used within mental healthcare services but also by relatives in the home setting. Mental healthcare professionals should acknowledge the difficulties faced and efforts undertaken by relatives in seeking treatment for their family member. At the same time, they should recognize that a service user's consent to treatment may be affected and limited by strategies to promote treatment compliance employed by relatives. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
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15. COMPARATIVE ANALYSIS OF MEDIATION IN SOME FOREIGN COUNTRIES AND UZBEKISTAN: POTENTIAL QUESTIONS AND PROPOSALS.
- Author
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HAYRULINA, ASAL
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DISPUTE resolution , *COMPARATIVE studies ,DEVELOPED countries - Abstract
Today, it is no secret that alternative dispute resolution methods, such as mediation, are widely used all over the world. However, in the experience of some countries, there are still problems in the practice of applying and introducing mediation. This article is devoted to the application of alternative dispute resolution and comparative analyses between some developed countries and the Republic of Uzbekistan. The author analyzes the use of alternative dispute resolution methods in Uzbekistan and their features. The goal of this research is to discuss and develop solutions to common problems related to the application and implementation of alternative dispute resolution methods. The current work also provides answers to potential misunderstandings, identifies the problems associated with the use of the mediation procedure, and develops ways to solve them. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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16. A Liberal Proposal to Justify State Authority.
- Author
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TSKHADAIA, GIORGI
- Subjects
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POLITICAL obligation , *ECONOMIC activity , *ECONOMIC development , *LIBERALISM - Abstract
In this article, I set out to design a plausible liberal theory of political obligation that a) revolves around the idea of voluntary consent, and b) explains why in certain instances, obligations toward political authorities may arise. To achieve this goal, I build upon and radically revise George Klosko’s theory of fair play, which is centered on the unavoidability of non-excludable goods. I argue that the theory of fair play suffers from a critical deficiency as it cannot withstand the libertarian charge first propounded by Robert Nozick. In particular, it cannot explain why certain nonexcludable goods should be held “presumptively beneficial,” regardless of actors’ preferences. I propose to abandon the notion of “presumptively beneficial” goods altogether. Instead, I contend that freedom (and the possibility of voluntary consent, for that matter) is severely curtailed in the hypothetical original position, in which individuals are supposed to pursue their economic activities; for this reason, the exchange of existentially necessary material goods cannot be based on consent. I underscore that such a conception of political obligation does not have an apodictic character. Moreover, it still suffers from several unresolved problems characteristic of general approaches to political obligation. However, it provides a promising starting point to develop a truly liberal justification for obeying modern state authority. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
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17. La mediación prejudicial obligatoria.
- Author
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Justicia Guaicha, Robinson Aníbal and López Moya, Daniela Fernanda
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LITERATURE reviews ,JUSTICE administration ,DISPUTE resolution ,CONFLICT management ,POSSIBILITY - Abstract
Copyright of Opuntia Brava is the property of Universidad de Ciencias Pedagogicas de Las Tunas, Centro de Documentacion e Informacion Pedagogica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
18. Research ethics in practice: An analysis of ethical issues encountered in qualitative health research with mental health service users and relatives.
- Author
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Potthoff, Sarah, Hempeler, Christin, Gather, Jakov, Gieselmann, Astrid, Vollmann, Jochen, and Scholten, Matthé
- Abstract
The ethics review of qualitative health research poses various challenges that are due to a mismatch between the current practice of ethics review and the nature of qualitative methodology. The process of obtaining ethics approval for a study by a research ethics committee before the start of a research study has been described as "procedural ethics" and the identification and handling of ethical issues by researchers during the research process as "ethics in practice." While some authors dispute and other authors defend the use of procedural ethics in relation to qualitative health research, there is general agreement that it needs to be supplemented with ethics in practice. This article aims to provide an illustration of research ethics in practice by reflecting on the ways in which we identified and addressed ethical and methodological issues that arose in the context of an interview study with mental health service users and relatives. We describe the challenges we faced and the solutions we found in relation to the potential vulnerability of research participants, the voluntariness of consent, the increase of participant access and the heterogeneity of the sample, the protection of privacy and internal confidentiality, and the consideration of personal and contextual factors. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
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19. Vacunación voluntaria u obligatoria: el caso concreto de la vacunación de menores.
- Author
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Siso Martín, Juan
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IMMUNIZATION ,VACCINES ,PUBLIC health - Abstract
Copyright of Matronas Hoy is the property of Asociacion Espanola de Matronas (AEM) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
20. Gefahren für die Autonomie durch gesundheitsbezogenes Self-Tracking
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Hiekel, Susanne
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- 2024
- Full Text
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21. Commonism
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Sutterlütti, Simon, Meretz, Stefan, Sutterlütti, Simon, and Meretz, Stefan
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- 2023
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22. Voluntariness and the bounds of cost–benefit analysis.
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Sugden, Robert
- Abstract
Behavioural economists often claim that their policy recommendations are justified by cost–benefit analysis (CBA), but without adequate explanation of the methodology they have in mind. I sketch the outlines of a CBA methodology that is compatible with the findings of behavioural economics and is in accord with my account in Sugden (2018) of a well-functioning market as a network of opportunities for mutually beneficial transactions. The key idea is that the CBA of a project is concerned only with effects that are not transmitted through voluntary interactions. I illustrate this proposal by considering the appraisal of fuel economy mandates. [ABSTRACT FROM AUTHOR]
- Published
- 2023
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23. Employees’ fit to telework and work well-being: (in)voluntariness in telework as a mediating variable?
- Author
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Lopes, Silvia, Dias, Paulo C., Sabino, Ana, Cesário, Francisco, and Peixoto, Ricardo
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- 2023
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24. A Conceptual Framework for Voluntary Confessions and the Privilege Against Self-Incrimination
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Vatjus-Anttila, Jalo
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- 2024
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25. Professionalität der Gesprächsbegleitenden und Freiwilligkeit der Teilnehmenden als ethische Herausforderungen von Advance Care Planning
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Seifart, Carola, Heubel, Friedrich, Schmidhuber, Martina, and Kropf, Mario
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- 2024
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26. Some problems of the development of mediation as an alternative way to resolve disputes in the Republic of Kazakhstan
- Author
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M. Zh. Kalshabaeva, S. A. Sartaev, D. A. Оspanova, N. S. Ibrayev, and K. R. Useinova
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institution of mediation ,mediator ,alternative dispute resolution methods ,mediation procedure ,disputes ,voluntariness ,confidentiality. ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
In modern Kazakhstani society, there is a high level of conflict, which is typical for legal disputes. In this regard, the resolution of disputes through traditional adversarial justice will further aggravate legal conflicts and lead to a complete termination of relations between the parties. Today, problems in the state judicial system lead to significant losses of material and moral benefits. As a result, one of the parties may be dissatisfied with the court decision, which may further complicate the enforcement of the court decision. Due to these circumstances, it is possible to turn to the institution of mediation, which is a relatively new legal institution. Mediation is an alternative dispute resolution (ADR) with the participation of a third party - an intermediary who is neutral, does not represent the interests of the parties in resolving the dispute, helps the parties to reach an agreement on the dispute, and the parties have full control over the decision-making process. The article discusses the development of the institution of mediation in Kazakhstan as an alternative method of dispute resolution. The reasons for the underdevelopment of the institution of mediation are analyzed, the opinions of legal scholars are analyzed, and the factors hindering the development of mediation in Kazakhstan are identified by comparing the experience of China, Germany, Georgia, Singapore in the implementation and development of alternative dispute resolution. In order to analyze these facts, a review and comparative analysis of the scientific works of scientists studying the Institute of Mediation and the laws and scientific works of a number of foreign countries on mediation was made. Based on the results of a sociological survey conducted by the Kazakhstan Institute for Strategic Studies under the President of the Republic of Kazakhstan about what Kazakhstanis know about mediation. The methodological basis of the article is the methods of analysis, synthesis, comparative legal, logical and legal, historical, statistical.
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- 2022
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27. Mastering new technologies: does it relate to teleworkers’ (in)voluntariness and well-being?
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Dias, Paulo, Lopes, Sílvia, and Peixoto, Ricardo
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- 2022
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28. What's trust got to do with research: why not accountability?
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Morẹ́nikẹ́ Oluwátóyìn Foláyan and Bridget Haire
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power ,vulnerability ,voluntariness ,liability ,exploitation ,Bibliography. Library science. Information resources - Abstract
This paper explores the intricate dynamics of trust, power, and vulnerability in the relationship between researchers and study participants/communities in the field of bioethics. The power and knowledge imbalances between researchers and participants create a structural vulnerability for the latter. While trust-building is important between researchers and study participants/communities, the consenting process can be challenging, often burdening participants with power abrogation. Trust can be breached. The paper highlights the contractual nature of the research relationship and argues that trust alone cannot prevent exploitation as power imbalances and vulnerabilities persist. To protect participants, bioethics guidance documents promote accountability and ethical compliance. These documents uphold fairness in the researcher-participant relationship and safeguard the interests of socially vulnerable participants. The paper also highlights the role of shared decision-making and inclusive deliberation with diverse stakeholders and recommends that efforts should be made by researchers to clarify roles and responsibilities, while research regulatory agents should transform the research-participant relationship into a legal-based contract governed by accountability principles. While trust remains important, alternative mechanisms may be needed to ensure ethical research practices and protect the interests of participants and communities. Striking a balance between trust and accountability is crucial in this regard.
- Published
- 2023
- Full Text
- View/download PDF
29. Left Libertarianism for the Twenty-First Century.
- Author
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Reiff, Mark R.
- Abstract
There are many different kinds of libertarianism. The first is right libertarianism, which received its most powerful expression in Robert Nozick's Anarchy, State and Utopia (1974), a book that still sets the baseline for discussions of libertarianism today. The second, I will call faux libertarianism. For reasons I will explain in this paper, most 'man-on-the-street' libertarians and most politicians who claim to be libertarians are actually this kind of libertarian. And third, there is left libertarianism, which is what I shall spend most of this paper explicating. But I will not simply be surveying the views of those who identify as left libertarians and put this forth as if I were engaged in an exegetical exercise. Instead, what I shall set forth is a kind of manifesto, a statement of why I consider myself a left libertarian, one that takes this approach to political morality well beyond where it was left around the end of the last century by the previous generation of left libertarians. My hope is to provide those who find certain left libertarian ideas attractive a guide by which they can explain and harmonise their own views, recognise left libertarianism as a distinct comprehensive political doctrine, and feel more open to identify themselves as left libertarian too. [ABSTRACT FROM AUTHOR]
- Published
- 2023
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30. Telework at times of a pandemic: The role of voluntariness in the perception of disadvantages of telework.
- Author
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Kaluza, Antonia J. and van Dick, Rolf
- Subjects
TELECOMMUTING ,COVID-19 pandemic ,PANDEMICS - Abstract
The implications of telework are discussed controversially and research on its positive and negative effects has produced contradictory results. We explore voluntariness of employee telework as a boundary condition which may underpin these contradictory findings. Under normal circumstances, individuals who do more telework should perceive fewer disadvantages. However, during the COVID-19 pandemic, employees could no longer voluntarily choose to telecommute, as many organizations were forced to introduce telework by governmental regulations. In two studies, we examine whether the voluntary nature of telework moderates the association between the amount of telework and perceptions of disadvantage. In Study 1, we collected data before and during the COVID-19 pandemic (N = 327). Results show that pre-pandemic participants (who were more likely to voluntarily choose this form of work) reported fewer disadvantages the more telework they did, but this was not the case for employees during the COVID-19 pandemic. To validate these findings, we measured employees' voluntariness of telework in Study 2 (N = 220). Results support the importance of voluntariness: Individuals who experience a high degree of voluntariness in choosing telework perceive fewer disadvantages the more they telework. However, the amount of telework was not related to reduced perceptions of disadvantages for those who experienced low voluntariness regarding the telecommuting arrangement. Our findings help to understand when telework is related to the perception of disadvantages and they can provide organizations with starting points for practical interventions to reduce the negative effects of telework. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
31. Determinants of perceived usefulness of social media in university libraries: Subjective norm, image and voluntariness as indicators.
- Author
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Izuagbe, Roland, Ifijeh, Goodluck, Izuagbe-Roland, Edith I., Olawoyin, Olajumoke Rebecca, and Ogiamien, Lilofa Osamenfa
- Subjects
- *
ACADEMIC libraries , *SOCIAL media , *SOCIAL sciences , *PRIVATE universities & colleges , *SOCIAL factors - Abstract
The study examined the role of social influence process of subjective norm, image and voluntariness on perceived usefulness of social media (PUSM) in private university libraries. The quest to ascertain the impact of the social factor in a profit-motivated environment prompted the study. The descriptive research design alongside multistage sampling procedures was applied and the questionnaire method was used for data collection. One hundred and ninety (190) librarians, selected from 13 private university libraries provided the data, out of which 184 copies of the instrument were correctly filled and returned, representing 96.8 per cent return rate. Statistical tools like simple percentage, mean and standard deviation of the Special Package for the Social Sciences (SPSS) were employed to analyse the research questions. Results shown that image was the strongest determinant among the proposed social factors of PUSM, followed by subjective norm. While voluntariness was a weak predictor of PUSM, the overall PUSM of librarians in the private university domain in the studied region was very high. This implies that the social factor is significant predictor of technology adoption in the private university library environment. Accordingly, the study concluded that if the performance potentials of social media are consciously communicated and imbibed by librarians through adequate training, whether or not private universities operate in a mandatory environment, PUSM of librarians will remain positively high. [ABSTRACT FROM AUTHOR]
- Published
- 2019
- Full Text
- View/download PDF
32. Gender Differences in the Principles of Mediation Relations
- Author
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A. Yu. Butkevich
- Subjects
principles of mediation relations ,confidentiality ,neutrality ,voluntariness ,equality ,men ,women ,everyday interaction ,History of Russia. Soviet Union. Former Soviet Republics ,DK1-4735 ,Psychology ,BF1-990 - Abstract
Principles of mediation in everyday communication provide a psychologically safe environment that promotes constructive resolution of conflicts and prevents their escalation. The article describes the principles of mediation relations in the daily interaction of men and women. No standardized methods are available to investigate compliance with the principles of mediation relations. As a result, the research relied on a socio-psychological survey based on a questionnaire developed by the author. The experiment lasted from July 2019 to May 2020. It involved 30 experts qualified in mediation. The main sample included 110 people, 55 women and 55 men, with no special training in mediation criterion. The obtained data were processed using deductive content analysis and the Fisher’s criterion φ*. Respondents tended to adhere to the principle of neutrality in everyday interaction, except in man-to-man communication. They implemented the principles of equality, neutrality, and voluntariness at the formal (declarative) level. Their implemented often resulted in contradictions between the thoughts, feelings, and actions. Women were less inclined to maintain equal relations than men. The results of the study can be used in programs for developing communicative and conflictological skills.
- Published
- 2022
- Full Text
- View/download PDF
33. On the voluntariness of public health apps: a European case study on digital contact tracing.
- Author
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Kamphorst, Bart A., Verweij, Marcel F., and van Zeben, Josephine A. W.
- Subjects
- *
CONTACT tracing , *COVID-19 pandemic , *SOCIAL marginality , *PUBLIC health - Abstract
As evidenced during the COVID-19 pandemic, there is a growing reliance on smartphone apps such as digital contact tracing apps and vaccination passports to respond to and mitigate public health threats. In light of the European Commission's guidance, Member States typically offer such apps on a voluntary, 'opt-in' basis. In this paper, we question the extent to which the individual choice to use these apps – and similar future technologies – is indeed a voluntary one. By explicating ethical and legal considerations governing the choice situations surrounding the use of smartphone apps, specifically those related to the negative consequences that declining the use of these apps may have (e.g. loss of opportunities, social exclusion, stigma), we argue that the projected downsides of refusal may in effect limit the liberty to decline for certain subpopulations. To mitigate these concerns, we recommend three categories of approaches that may be employed by governments to safeguard voluntariness. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
34. IMPUGNACIÓN DE LA ADMISIBILIDAD DE LA DECLARACIÓN DEL IMPUTADO POR FALTA DE VOLUNTARIEDAD. PERSPECTIVAS Y SOLUCIONES.
- Author
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BELTRÁN ROMÁN, VÍCTOR
- Subjects
DEFENDANTS ,LAW reform ,JUSTICE administration ,HUMAN rights - Abstract
Copyright of Revista Chilena de Derecho is the property of Revista Chilena de Derecho and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
- Full Text
- View/download PDF
35. МЕДИАЦИЯНЫҢ ҚҰҚЫҚТЫҚ ТАБИҒАТЫ ЖӘНЕ ОНЫҢ ҚАҒИДАЛАРЫНЫҢ ЕРЕКШЕЛІКТЕРІ
- Author
-
Калшабаева, М. Ж., Сартаев, С. А., Усеинова, К. Р., Қуаналиева, Г. А., and Нусипова, Л. Б.
- Abstract
Copyright of Journal of Actual Problems of Jurisprudence / Habaršy. Zan̦ Seriâsy is the property of Al-Farabi Kazakh National University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
- Full Text
- View/download PDF
36. Rising to the Occasion: The Importance of the Pandemic for Faculty Adoption Patterns.
- Author
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Jing Zhang, Dumont, Georgette E., Sumbera, Becky G., Medina, Pamela S., Kordrostami, Melika, and Ya Ni, Anna
- Subjects
SOCIAL influence ,TEACHING methods ,PANDEMICS ,TECHNOLOGY Acceptance Model ,INNOVATION adoption - Abstract
Technology adoption patterns, in general, have been shown to have a common set of predictive factors such as performance expectancy, social influence, voluntariness, effort expectancy, and facilitating conditions. However, the significance of such factors varies dramatically by situation and conditions. In the faculty adoption of online teaching modalities, three conditions were investigated in a university case study with 180 faculty respondents. Using the unified theory of acceptance and use of technology model, participants were asked to respond to questions about these factors prior to the pandemic, their perceptions about continuing pre-pandemic use in the future, and their perceptions about increasing pre-pandemic adoption of online teaching in the future. Critical to prior expectations were performance expectancy and level of effort. Continued use relied on all five factors, but only the negative aspects of social influence were significant. Factors affecting increased adoption (assuming voluntariness) were performance expectancy and facilitating conditions. Findings suggest that increased exposure to online teaching may not be as crucial as the quality of faculty experiences during the pandemic. The rationale for these factor shifts is provided, the effects of institutional support are discussed, the threats and limitations to generalizability are reviewed, and the ramifications for institutions trying to enhance faculty adoption are summarized. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
37. La jubilación forzosa: cambios normativos de 1980 a 2022 ¿por que no se puede uno morir con las botas puestas si trabaja bien y disfruta con su trabajo?
- Author
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GARCÍA NINET, JOSÉ IGNACIO
- Subjects
RIGHT to work (Human rights) ,CIVIL rights ,PENSIONS ,RETIREMENT ,RETIREES ,BABY boom generation - Abstract
Copyright of Revista de Derecho de la Seguridad Social, Laborum is the property of Ediciones Laborum S.L. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
38. The role of organizational culture and voluntariness in the adoption of artificial intelligence for disaster relief operations
- Author
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Behl, Abhishek, Chavan, Meena, Jain, Kokil, Sharma, Isha, Pereira, Vijay Edward, and Zhang, Justin Zuopeng
- Published
- 2022
- Full Text
- View/download PDF
39. 'Voluntary in quotation marks': a conceptual model of psychological pressure in mental healthcare based on a grounded theory analysis of interviews with service users
- Author
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Sarah Potthoff, Jakov Gather, Christin Hempeler, Astrid Gieselmann, and Matthé Scholten
- Subjects
Informal coercion ,Treatment pressure ,Informed consent ,Voluntariness ,Perceived coercion ,Communication ,Psychiatry ,RC435-571 - Abstract
Abstract Background Psychological pressure refers to communicative strategies used by professionals and informal caregivers to influence the decision-making of service users and improve their adherence to recommended treatment or social rules. This phenomenon is also commonly referred to as informal coercion or treatment pressure. Empirical studies indicated that psychological pressure is common in mental healthcare services. No generally accepted definition of psychological pressure is available to date. A first conceptual analysis of psychological pressure focused on staff communication to promote treatment adherence and distinguished between persuasion, interpersonal leverage, inducements and threats. Aim The aim of this study was to develop a conceptual model of psychological pressure based on the perspectives of service users. Methods Data were collected by means of semi-structured interviews. The sample consisted of 14 mental health service users with a self-reported psychiatric diagnosis and prior experience with coercion in mental healthcare. We used theoretical sampling and contacted participants via mental healthcare services and self-help groups to ensure a variety of attitudes toward the mental healthcare system in the sample. The study was conducted in Germany from October 2019 to January 2020. Data were analyzed according to grounded theory methodology. Results The study indicated that psychological pressure is used not only to improve service users’ adherence to recommended treatment but also to improve their adherence to social rules; that it is exerted not only by mental health professionals but also by relatives and friends; and that the extent to which service users perceive communication as involving psychological pressure depends strongly on contextual factors. Relevant contextual factors were the way of communicating, the quality of the personal relationship, the institutional setting, the material surroundings and the level of convergence between the parties’ understanding of mental disorder. Conclusions The results of the study highlight the importance of staff communication training and organizational changes for reducing the use of psychological pressure in mental healthcare services.
- Published
- 2022
- Full Text
- View/download PDF
40. Factors Influencing Technology Adoption in Online Learning among Private University Students in Bangladesh Post COVID-19 Pandemic.
- Author
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Miah, Md Shuhel, Singh, Jugindar Singh Kartar, and Rahman, Mohammed Abdur
- Abstract
Technology acceptance in higher education, especially during and after the crisis of COVID-19, is very important in the current environment, especially in online learning adoption. This study aimed to determine the impact of performance expectancy, effort expectancy, social influence, and facilitating conditions on the adoption of the online line among university students in Dhaka in the post-pandemic period. In addition, the moderating role of voluntariness was also ascertained. In this quantitative study, primary data were collected using a survey method. The target population was students of private universities located in Dhaka, Bangladesh. There was a total of 130 respondents, and non-probability sampling was found to be more appropriate. Data were analyzed using the Smart-PLS system. The results revealed that effort expectancy was the most important predictor of intention to adopt online learning. The next significant predictor was facilitating conditions. However, it was found that performance expectancy and social influence were not significant predictors of intention to adopt online learning. Additionally, it was found that voluntariness was not a mediator. In terms of practical implications, educators and designers should focus on effort expectancy and facilitating conditions to increase online learning adoption. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
41. The Market for Kidneys: Bridging Introductory Courses in Economics and Ethics.
- Author
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Huysmans, Martijn
- Subjects
KIDNEYS ,VIDEO excerpts ,ETHICS ,MARKET potential ,MARKET value - Abstract
This article contributes to the literature on interdisciplinary teaching by describing, analyzing, and evaluating an interdisciplinary intervention while students are still gaining disciplinary grounding. The intervention bridges courses in microeconomics and ethics. It focuses on the travelling concepts of voluntariness and value in a potential market for kidneys and finds that a 15-minute video clip on travelling concepts can help students build interdisciplinary skills. Students in a control group watched a clip only on the specific issue of a market for kidneys, but not using travelling concepts. An exploratory survey (N=44) indicates that the intervention increases interdisciplinary skills more than the control. However, students in the control group reported a deeper interdisciplinary grasp of that specific topic. Teaching an issue through travelling concepts can hence be seen as an investment in general interdisciplinary skills. [ABSTRACT FROM AUTHOR]
- Published
- 2023
42. A response to Al et al. Trials 2023;24:233
- Author
-
Jon F. Merz
- Subjects
Informed consent ,Refusal ,Psychological manipulation ,Voluntariness ,Medicine (General) ,R5-920 - Abstract
Abstract In their recent paper, Al and colleagues (Trials 2023;24:233) argue that manipulation of the methods of recruitment using well-known techniques in order to increase enrollment can be ethically acceptable. This brief response challenges that notion as an affront to voluntariness and a devolution of the ethics of human subjects research to the “ethics” of the marketplace.
- Published
- 2023
- Full Text
- View/download PDF
43. ҚАЗАҚСТАН РЕСПУБЛИКАСЫНДАҒЫ ДАУЛАРДЫ ШЕШУДІҢ БАЛАМАЛЫ ТӘСІЛІ РЕТІНДЕ МЕДИАЦИЯ ДАМУЫНЫҢ КЕЙБІР МӘСЕЛЕЛЕРІ
- Author
-
Калшабаева, М. Ж., Сартаев, С. А., Оспанова, Д. А., Ибраев, Н. С., and Усеинова, К. Р.
- Abstract
Copyright of Journal of Actual Problems of Jurisprudence / Habaršy. Zan̦ Seriâsy is the property of Al-Farabi Kazakh National University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2022
- Full Text
- View/download PDF
44. Economic reintegration postreturn—examining the role of return voluntariness, resource mobilization and time to prepare.
- Author
-
Monti, Andrea and Serrano, Inmaculada
- Subjects
RESOURCE mobilization ,RETURN migration ,PREPAREDNESS ,EMIGRATION & immigration - Abstract
This paper examines conditions of international return migration and their relation to risks of experiencing economic difficulties postreturn. Relying on unique survey data among Senegalese and Romanian returnees, we revisit and provide an empirical examination of the theoretical notion of return preparedness, involving aspects of voluntariness, resource mobilization and time to prepare. The lack of time to prepare return, more commonly associated with self‐declared involuntary returns and deportations, is found to significantly increase the risk of economic difficulties post return in both contexts. Whilst emphasizing the complexity of voluntariness, the findings show that, additionally, returns compelled by external circumstances or negative return motivations ('semi‐involuntary') are associated with higher risks of economic difficulties. Compared to nonmigrants, returnees experienced decreased risks of economic difficulties in Senegal, but not significantly in Romania. Those forced back to Senegal or compelled to return to Romania did, however not experience such risk decrease. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
45. Tracing app technology: an ethical review in the COVID-19 era and directions for post-COVID-19.
- Author
-
Afroogh, Saleh, Esmalian, Amir, Mostafavi, Ali, Akbari, Ali, Rasoulkhani, Kambiz, Esmaeili, Shahriar, and Hajiramezanali, Ehsan
- Abstract
We conducted a systematic literature review on the ethical considerations of the use of contact tracing app technology, which was extensively implemented during the COVID-19 pandemic. The rapid and extensive use of this technology during the COVID-19 pandemic, while benefiting the public well-being by providing information about people’s mobility and movements to control the spread of the virus, raised several ethical concerns for the post-COVID-19 era. To investigate these concerns for the post-pandemic situation and provide direction for future events, we analyzed the current ethical frameworks, research, and case studies about the ethical usage of tracing app technology. The results suggest there are seven essential ethical considerations—privacy, security, acceptability, government surveillance, transparency, justice, and voluntariness—in the ethical use of contact tracing technology. In this paper, we explain and discuss these considerations and how they are needed for the ethical usage of this technology. The findings also highlight the importance of developing integrated guidelines and frameworks for implementation of such technology in the post- COVID-19 world. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
46. Kan et frivilligt samleje være strafbart?
- Author
-
Clara Juul Holm
- Subjects
rape ,voluntariness ,consent ,mens rea ,free will ,voldtægt ,frivillighed ,samtykke ,forsæt ,fri vilje ,Criminal law and procedure ,K5000-5582 ,Social pathology. Social and public welfare. Criminology ,HV1-9960 - Abstract
Abstract: This article examines some conceptual challenges associated with the content and possible demarcation of the notions of consent and voluntariness in recent Danish legislation on rape. It is argued that free will or voluntariness, and the expression thereof, should be seen as occurrences on a spectrum, and that the expression of consent or free will is at least partially necessary if such subjective concepts are to be useful in a legal context. The paper examines some general implications of this for possible outcomes of case law. Uncertainties include what should be made of the use of the »presumptions« mentioned in the bill. Some implications for the evaluation of a defendant’s mens rea are also touched upon. It is concluded that the Danish court enjoys a margin of discretion that allows it the ability to criminalise instances of intercourse even when they are not necessarily non-voluntary.
- Published
- 2021
- Full Text
- View/download PDF
47. IV. Yüzyıl İslâm Kelâmında İrade Hürriyeti Anlayışları: Tarihî Bağlamında Bâkıllânî’nin İnsan Fiilleri Teorisi
- Author
-
Jan Thıele
- Subjects
al-bāqillānī ,human actions ,voluntariness ,self-determinism ,acquisition ,bâkıllânî ,i̇nsan fiilleri ,i̇rade ,self-determinizm ,kesb ,Islam ,BP1-253 ,Practical Theology ,BV1-5099 ,Moral theology ,BV4625-4780 - Abstract
Kişilerin bireysel sorumluluğu İslâm kelâmında çok merkezî bir kavramdır. Ahlâkî sorumluluğun rasyonel temelleri, insanın fiilleri üzerinde bir şekilde kontrol sahibi olduğu ön şartına dayanmaktadır. Bu nedenle insanın fiillerini kendisinin belirlemesini (self-determination) yeteri kadar tutarlı düzeyde açıklayan eylem teorileri oluşturmak, kelâmcıların temel ilgi alanlarından olmuştur. Bu makale, Bâkıllânî’nin insan fiilleri hakkındaki görüşlerini incelemektedir ve onun düşüncesini dönemindeki tartışmalar kapsamında bağlamsallaştırma girişiminde bulunmaktadır. Eş‘arî mezhebinin, sahip olduğu pozisyonu kendisine karşı geliştirdiği Mu‘tezile’nin eylemlerdeki özgürlük teorisini kısaca yeniden inceleyeceğim. Sonra insanın fiillerini belirlemesini ihtiyâr (voluntariness) üzerine dayandırmayı teklif eden Ebü’l-Hasan el-Eş‘arî tarafından benimsenen karşıt görüşün temel ilkelerini özetleyeceğim. Son olarak, Bâkıllânî’nin Eş‘arî’nin fikirlerinden nasıl etkilendiği ve onları nasıl daha ileriye taşıdığını tartışacağım. Bâkıllânî’nin Hidâyetü’l-müsterşidîn adlı eserinin günümüze kadar gelen ciltlerine dayanarak onun, mezhebin meşhur “kesb” teorisine ilişkin anlayışını; a) “İnsanın eylemleri Allah tarafından yaratılmıştır, b) Yine de insan ve kesb ettiği eylemleri arasında gerçek bir ilişki vardır,” şeklinde ifade edilen iki temel prensip ortaya koyarak tutarlı bir şekilde düzenlemeye çalıştığını iddia ediyorum.
- Published
- 2021
48. Determinants of (in-)voluntary retirement: A systematic literature review.
- Author
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Stiemke, Philipp and Hess, Moritz
- Subjects
- *
LABOR laws , *RETIREMENT & psychology , *ONLINE information services , *WORK environment , *UNEMPLOYMENT , *SYSTEMATIC reviews , *AGE distribution , *EMPLOYEE promotions , *LIFE expectancy , *HEALTH status indicators , *ECONOMICS , *INCOME , *WILL , *HEALTH , *CORPORATIONS , *PENSIONS , *RESEARCH funding , *SOCIAL classes , *LABOR market , *MEDLINE , *RETIREMENT , *MARITAL status , *GREY literature , *EDUCATIONAL attainment - Abstract
Involuntary retirement transitions have a variety of negative consequences for individuals and society as they can lead to poorer health or lower wellbeing. Therefore, it is of high relevance to better understand the factors influencing the voluntariness of retirement transitions. A systematic literature review was conducted to identify the known determinants of the voluntariness of retirement. Our final review includes 14 studies that empirically investigate this topic. Differentiated by micro-, meso- and macro-levels, we present the identified factors and discuss different ways of operationalizing voluntary or involuntary retirement. We found that most studies analyse individual factors. There is a gap in research on influencing factors at the company level as well as the welfare state level. In addition, it is of interest to examine whether and to what extent pension and labour market policy reforms have led to changes over time. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
49. Consenting Under Third-Party Coercion.
- Author
-
Kiener, Maximilian
- Subjects
- *
DURESS (Law) , *CONSENT (Law) , *RESPONSIBILITY , *WILL , *JOINDER of parties - Abstract
This paper focuses on consent and third-party coercion, viz. cases in which a person consents to another person performing a certain act because a third party coerced her into doing so. I argue that, in these cases, the validity of consent depends on the behavior of the recipient of consent rather than the third party's coercion taken separately, and I will specify the conditions under which consent is invalid. My view, which is a novel version of what I call a Recipient-Focus-View , holds that coercion invalidates consent only if consent was 'obtained by' coercion, but not if consent was 'merely motivated by' coercion. I explain and support my view on the basis that it best reconciles an unnoticed tension between two fundamental principles in the debate on consent (which I call the Coercion Principle and the Permissibility Principle) and that it can deal with cases that undermine other Recipient-Focus-Views. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
50. More than a side-wind: rethinking the consideration requirement in Commonwealth contract law.
- Author
-
Gélinas, Fabien and Goldford, Zackary
- Subjects
- *
CONTRACTS , *COMMON law , *JURISDICTION , *CONTRACT modifications - Abstract
In the common law tradition, it has long been the case that a contract not backed by consideration is no contract at all. But this rule has been slowly washed away in various contexts, especially contract modifications, in various Commonwealth jurisdictions. In response to these developments, we argue that the consideration requirement has outlived its purpose and that it is time for it to be formally retired. We identify its purpose as ensuring fairness, voluntariness, and the integrity of consent, and we demonstrate that a collection of doctrinal tools have become increasingly available in recent years to fulfil this purpose. We conclude by discussing some of the harms that the consideration requirement causes. Since it does no good and causes some harm, it is time for it to go. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
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