Addressing the curious black spot that is the separation between the principle of legality and sentencing

The principle of legality has evolved into a clear and entrenchedjurisprudential mechanism for protecting common law rights and freedoms. It operates as a shield to preserve the scope of application of fundamental rights and fre edoms. In recent years it has been increasingly applied by the courts to limit the scope of legislative provisions which potentially impinge on human rights and fundamental freedoms. Yet there is one domain where the principle of legality is conspicuously absent: sentencing. Ostensibly, this is paradoxical. Sentencing is the realm where the legalsystem operates in its most coercive manner against individuals. In thisarticle, we argue that logically the principle of legality has an importantrole in the sentencing system given the incursions by criminal sanctionsinto a number of basic rights, including the right to liberty, the freedom ofassociation and the deprivation of property. By way of illustration, we setout how the principle of legality should apply to the interpretation of keystatutory provisions. To this end, we argue that the objectives of generaldeterrence and specifi c deterrence should have less impact in sentencing. It is also suggested that judges should be more reluctant to send offenders with dependants to terms of imprisonment. Injecting the principle of legality into sentencing law and practice would result in the reduction in severity of a large number of sanctions, thereby reducing the frequency and extent to which the fundamental rights of offenders are violated. The methodology set out in this article can be applied to alter the operation of a number of legislative sentencing objectives and rules.

Modeling the tensile behavior of fiber bundles with irregular constituent fibers

In this paper, the effect of fiber dimensional irregularities on the tensile behavior of fiber bundles is modeled, using the finite element method (FEM). Fiber dimensional irregularities are simulated with sine waves of different magnitude. The specific stress-strain curves of fiber bundles and the constituent single fibers are obtained and compared. The results indicate that fiber diameter irregularity along fiber length has a significant effect on the tensile behavior of the fiber bundle. For a bundle of uniform fibers of different diameters, all constituent fibers will break simultaneously regardless of the fiber diameter. Similarly, if fibers within a bundle have the same pattern and level of diameter irregularity along fiber length, the fibers will break at the same time also regardless of the difference in average diameter of each fiber. In these cases, the specific stress and strain curve for the bundle overlaps with that of the constituent fibers. When the fiber bundle consists of single fibers with different levels of diameter irregularity, the specific stress-strain and load-elongation curves of the fiber bundle exhibit a stepped or “ladder” shape. The fiber with the highest irregularity breaks first, even when the thinnest section of the fiber is still coarser than the diameter of a very thin but uniform fiber in the bundle. This study suggests that fiber diameter irregularity along fiber length is a more important factor than the fiber diameter itself in determining the tensile behavior of a fiber bundle consisting of irregular fibers.

Where else have you been? The effects of diaspora consciousness and transcultural mixtures on ethnic identity

In social science research, the demographic categories of ethnicity are linked to what the census bureau considers as a person’s ethnic heritage. However, these categories are based on the societal assumption that members of a given category share the same characteristics and life experiences, even though the heterogeneity between members within a category may be as diverse as between categories. The paper examines the 15 interview subjects of a research study drawn from 10 minority migrant groups, where seven of them indicated significant transcultural experiences before migrating to Australia. It argues that their lived experiences and subjectivity vary from others who migrated directly from their native countries. The formers’ diaspora consciousness and transcultural mixtures may introduce an artifact to a research study’s design, affecting the validity of the data collected. The paper examines other situations where this anomaly can occur and proposes precautions
to minimize its negative effects.

Generating an ontology from scientific works : initial results

Attempts to produce adequate and long-lived subject indexes of information systems and computer science research have failed. In this paper we report preliminary results of an approach by which the terms expressed in research literature, such as that in information systems, can be systematically and meaningfully categorised. The approach is based on Roman Ingarden’s ontological theory of the written scholarly work: its nature, existence, and categorisation, and builds on Grounded Theory: a rigorous grounded qualitative research method addressing how meaningful categories can be analysed from text and related to each other. We have found that the key guiding unit of analysis operationalising Ingarden’s approach through Grounded Theory is the “reported research activity” and that the process is possible although labour intensive. On the basis of using the approach, we propose simple steps to improve the quality of keywords in reported research.

Trust in mono-ethnic and mixed-ethnic association in Penang

Investigation into trust has become a topical issue in current social science research. This is, in large part, a result of a perception that trust in institutions has declined markedly in the past two decades. This paper investigates trust in some of Penang's civil associations as a way of measuring the health of social capital in Penang. It focuses on issues of trust and diversity since both are critical issues in Malaysian society in general and civil associations in particular. We began our analysis expecting higher forms of trust among members in the mono-ethnic associations, based on the power of bonding. However, findings from this study tend to suggest that rather than leading to lesser trust and infectiveness, involvement in mixed-ethnic associations have in fact generated higher trust among their members. These findings reveal an interesting corrective to more pessimistic view on the relationship between trust and diversity. Data from this study also provide important insight into how bridging between different people in associations marked by diversity can accentuate trust over and above the levels found in associations were bonding between like types is the dominant characteristic. The data also indicate that for both, mono-ethnic and mixed-ethnic associations, it is the extent of members' involvements in their associations that form trust and not vice versa.

International well-being index : the Austrian version

The International Well-being Index (IWI) measures both personal and national well-being. It comprises two subscales: the Personal Well-being Index (PWI) and the National Well-being Index (NWI). The aim of this paper is to test the psychometric properties (validity and reliability) of the translated scale in Austria. Convergent validity is assessed using the Scales of Psychological Well-Being, the Satisfaction with Life Scale and the Positive and Negative Affect Scale. In addition, a Visual–Analog Scales capturing “satisfaction with life as a whole” was applied. The participants were 581 students of the Medical University Innsbruck (female: 47.7%; age: 23.2 ± 3.7). Internal consistency (Cronbach’s α) of the IWI was for both scales > .70 (PWI: .85; NWI: .83). The exploratory factor analysis of the IWI identified a 2-factor-structure identical with the two scales of the IWI explaining 54.2% of the variance. The convergent validity hypotheses were confirmed, construct validity was partly confirmed for the PWI being a deconstruction of a first factor called “satisfaction with life” (38.1% explained variance). Happy participants scored higher on the PWI (84.3 ± 7.9 vs. 68.7 ± 13.7; p < .001) and NWI (64.3 ± 15.8 vs. 57.9 ± 15.1; p < .001) scores than unhappy participants. It is concluded that the Austrian version of the IWI is a reliable and valid instrument to assess personal and national well-being. Further studies including a representative sample should be carried out on a recurring basis to use the IWI as an indicator for social science research in Austria.

Investigation of the effects of microcomputers on the work of professional accountants

Information technology research over the past two decades suggests that the installation and use of computers fundamentally affects the structure and function of organisations and, m particular, the workers in these organizations. Following the release of the IBM Personal Computer in 1982, microcomputers have become an integral part of most work environments. The accounting services industry, in particular, has felt the impact of this ‘microcomputer revolution’. In Big Six accounting firms, there is almost one microcomputer for each professional accountant employed, Notwithstanding this, little research has been done on the effect of microcomputers on the work outcomes of professional accountants working in these firms. This study addresses this issue. It assesses, in an organisational setting, how accountant’ perceptions of ease of use and usefulness of microcomputers act on their computer anxieties, microcomputer attitudes and use to affect their job satisfaction and job performance. The research also examines how different types of human-computer interfaces affect the relationships between accountants' beliefs about microcomputer utility and ease of use, computer anxiety, microcomputer attitudes and microcomputer use. To attain this research objective, a conceptual model was first developed, The model indicates that work outcomes (job satisfaction and job performance) of professional accountants using microcomputers are influenced by users' perceptions of ease of use and usefulness of microcomputers via paths through (a) the level of computer anxiety experienced by users, (b) the general attitude of users toward using microcomputers, and (c) the extent to which microcomputers are used by individuals. Empirically testable propositions were derived from the model to test the postulated relationships between these constructs. The study also tested whether or not users of different human-computer interfaces reacted differently to the perceptions and anxieties they hold about microcomputers and their use in the workplace. It was argued that users of graphical interfaces, because of the characteristics of those interfaces, react differently to their perceptions and anxieties about microcomputers compared with users of command-line (or textual-based) interfaces. A passive-observational study in a field setting was used to test the model and the research propositions. Data was collected from 164 professional accountants working in a Big Six accounting firm in a metropolitan city in Australia. Structural equation modelling techniques were used to test the, hypothesised causal relationships between the components comprising the general research model. Path analysis and ordinary least squares regression was used to estimate the parameters of the model and analyse the data obtained. Multisample analysis (or stacked model analysis) using EQS was used to test the fit of the model to the data of the different human-computer interface groups and to estimate the parameters for the paths in those different groups. The results show that the research model is a good description of the data. The job satisfaction of professional accountants is directly affected by their attitude toward using microcomputers and by microcomputer use itself. However, job performance appears to be only directly affected by microcomputer attitudes. Microcomputer use does not directly affect job performance. Along with perceived ease of use and perceived usefulness, computer anxiety is shown to be an important determinant of attitudes toward using microcomputers - higher levels of computer anxiety negatively affect attitudes toward using microcomputers. Conversely, higher levels of perceived ease of use and perceived usefulness heighten individuals' positive attitudes toward using microcomputers. Perceived ease of use and perceived usefulness also indirectly affect microcomputer attitudes through their effect on computer anxiety. The results show that higher levels of perceived ease of use and perceived usefulness result in lower levels of computer anxiety. A surprising result from the study is that while perceived ease of use is shown to directly affect the level of microcomputer usage, perceived usefulness and attitude toward using microcomputers does not. The results of the multisample analysis confirm that the research model fits the stacked model and that the stacked model is a significantly better fit if specific parameters are allowed to vary between the two human-computer interface user groups. In general, these results confirm that an interaction exists between the type of human-computer interface (the variable providing the grouping) and the other variables in the model The results show a clear difference between the two groups in the way in which perceived ease of use and perceived usefulness affect microcomputer attitude. In the case of users of command-line interfaces, these variables appear to affect microcomputer attitude via an intervening variable, computer anxiety, whereas in the graphical interface user group the effect occurs directly. Related to this, the results show that perceived ease of use and perceived usefulness have a significant direct effect on computer anxiety in command-line interface users, but no effect at all for graphical interface users. Of the two exogenous variables only perceived ease of use, and that in the case of the command-line interface users, has a direct significant effect on extent of use of microcomputers. In summary, the research has contributed to the development of a theory of individual adjustment to information technology in the workplace. It identifies certain perceptions, anxieties and attitudes about microcomputers and shows how they may affect work outcomes such as job satisfaction and job performance. It also shows that microcomputer-interface types have a differential effect on some of the hypothesised relationships represented in the general model. Future replication studies could sample a broader cross-section of the microcomputer user community. Finally, the results should help Big Six accounting firms to maximise the benefits of microcomputer use by making them aware of how working with microcomputers affects job satisfaction and job performance.

Inclusive schooling : contexts, texts and politics

The title ‘Inclusive schooling: contexts, texts and politics’, names a thesis which critically analyses the development of inclusive schooling in the small Australian Island state of Tasmania between 1996 and 1998. The ‘Inclusion of Students with Disabilities’ policy, introduced in 1995 by the Tasmanian Department of Education, Community and Cultural Development, provides an opportunity to understand the cultural context and politics of change in schooling over this period. The qualitative methodology deployed here is informed by poststructuralism and captures the everyday experiences of university teaching as a research site. The teacher/researcher as the visible maker of the research use metaphors of fibre and textile practice, techniques of textual juxtaposition and her positioned subjectivity as a female academic to tell a 'big story'. The researcher develops a 'double method' as a possible model for Inclusive research practice and educational policy analysis. Using a critical ethnographic method, derived from the work of Carspecken (1996), 'data stories' (Lather & Smithies 1997, p.34) are produced from the narratives of five key informants – a parent, two teachers, a policy-maker and the researcher. Assembled as the data of the thesis the multi-voiced texts provide an account of the sociocultural, professional and systemic context of Inclusive schooling over a three-year period. In the analysis these data are interpreted from a feminist poststructural standpoint. A deconstructuive reading of the data stories interprets the discourse of inclusive schooling emphasising the dominant foundation of the special education knowledge tradition. The idea of author function (after Foucault 1975, 1984b and Grundy and Hatton 1995) is used to interpret the 'texts' of the key Informants as discursive constructions. The researcher theorises inclusive schooling as an entangled, multiple and contradictory discourse, embedded in the social, cultural and material contexts, rather than a singular unitary Idea of the progress within the special education knowledge tradition. The study contributes a fine-grained analysis of the constructed knowledge of inclusive schooling in one locality. The thesis advocates continuing engagement with questions of epistemology and social transformation in inclusive schooling, rather than persisting with technical rationality and the status quo. The researcher takes the position that the opportunities to theorise inclusive schooling lie within the multiple and disparate constructed texts of the micro world of everyday practice and the macro understanding of understandings of contemporary social justice. The poststructuralist writing/reading questions traditionalist theorising in the special education field. Central to the negotiations of power and truth inclusive schooling research and practice is a communicative theory that transforms populist conceptions of inclusion.

Trust in mono-ethnic and mixed-ethnic associations in Penang

Investigation into trust has become a topical issue in current social science research. This is, in large part, a result of a perception that trust in institutions has declined markedly in the past two decades. This paper investigates trust in some of Penang’s civil associations as a way of measuring the health of social capital in Penang. It focuses on issues of trust and diversity since both are critical issues in Malaysian society in general and civil associations in particular. We began our analysis expecting higher forms of trust among members in the mono-ethnic associations, based on the power of bonding. However, findings from this study tend to suggest that rather than leading to lesser trust and infectiveness, involvement in mixed-ethnic associations have in fact generated higher trust among their members. These findings reveal an interesting corrective to more pessimistic view on the relationship between trust and diversity. Data from this study also provide important insight into how bridging between different people in associations marked by diversity can accentuate trust over and above the levels found in associations were bonding between like types is the dominant characteristic. The data also indicate that for both, mono-ethnic and mixed-ethnic associations, it is the extent of members’ involvements in their associations that form trust and not vice versa.

Accounting convergence of intangibles : value relevance of R & D accounting treatment

The rapid globalization of markets has resulted in further acceleration of the worldwide convergence of accounting standards, including the development of high-quality and globally consistent accounting standards for both domestic and cross-border financial reporting. Prior studies report that earnings value relevance of U.S. companies is decreasing, and the decline is partially attributable to the immediate expensing of intangibles, like research and development (R&D). Being one of the areas of divergence, accounting for R&D was highlighted as one of the seven short-term convergence projects by the FASB and IASB. Australia's adoption of IFRS in 2005 presents an empirical setting to evaluate the value relevance of different accounting treatments for R&D, and ultimately assist financial accounting standard setters in the U.S. and abroad in finding an appropriate accounting treatment for R&D.

Scholarly journal output : a regional perspective

This paper presents the findings of an investigation designed to reveal the destination of the refereed journal research output of accounting and finance faculty members across their entire academic careers. A geographic approach was adopted with the intention of providing a historical data-set to inform the development of a region-centric model of academic research productivity. The study focuses on publication careers of accounting and finance academics from one particular geographic region, New Zealand. The data were collected through a detailed examination of electronic databases of journal holdings and research reports of tertiary institutions. The results of this study provide evidence that, across their careers, New Zealand's academics have published a significant number of papers in journals located in two regions, Australia-New Zealand and the United Kingdom, and that this academic community has attained publication success in international journals generally regarded as high quality.

Cross-field effects and temporary social fields : a case study of the mediatization of recent Australian knowledge economy policies

This paper utilizes Bourdieu's conceptual frame to examine the mediatized effects of policy processes concerned with the growth and support of knowledge industries in Australia. These policies span education, science, research and other knowledge industries (such as venture capital firms and intellectual property law). The paper argues that some policy processes are best represented as temporary social fields. The nature of these fields can be described by the kinds of cross-field effects that they produce, A case study of an Australian knowledge economy policy, The chance to change, and associated policy processes demonstrates the broad analytic capacities of Bourdieu 's conceptual frame for policy analysis, when combined with the concepts of cross-field effects and temporary social field developed here.

Well-being achievement in Pacific Asia

The world has undergone rapid and tremendous change in recent decades. While many nations have achieved ever-higher per capita incomes, and higher well-being according to traditional measures, they have also experienced profound internal change. This change has lead to widespread concerns regarding social exclusion, human security, levels of personal satisfaction and happiness. Other countries have faired much less well, as according to many well-being measures they are worse off than they were 10 or 20 years ago. Life expectancies, for example, have fallen dramatically in many countries and are likely to fall substantially in others. The incidence of income poverty is higher today in many countries than it was ten years ago. Worldwide, more than a billion people currently live on less than one dollar per day. Social science research on living standards, human well-being and quality of life has come a long way over recent years, altering in response to changing global conditions, new research priorities, new conceptualisations and improved data resources. Twenty five years ago, national well-being achievement comparisons relied very heavily, and in some circles exclusively, on measures of income per capita. The same exercise would today be based a range of indicators, including summary measures of human well-being such as the well-known Human Development Index (UNDP, 2005). This is consistent with the commonly accepted view that human well-being is best treated as a multidimensional concept along the lines advocated by Sen (1985, 1993), Stewart (1985), Doyal & Gough (1991), Ramsay (1992), Cummins (1996), Narayan et al. (2000) or Nussbaum (2000) and others, as summarised in Alkire (2002). This view tends not to reject the relevance of income based or economic measures per se, simply positing that there is more to well-being achievement than simply increasing incomes. The widespread acceptance that well-being is multidimensional has more recently been accompanied by another important recognition. This relates not so much to current levels of well-being, but to the likelihood of declines in future levels. This recognition has spawned a rapidly growing literature on what is now termed as ‘vulnerability’. The vulnerability literature has primarily been concerned with the likelihood of individuals falling below the poverty line, be it defined in terms of income, consumption or health. Among the influential early vulnerability studies are Ravallion (1998), Jalan & Ravallion (1998) and Dercon & Krishnan (1999), each of which distinguished between transient and chronic poverty.

Future role of cataloguers 2011 survey data

The survey was designed to assist the investigators in gaining an understanding of the future role of the cataloguing specialisation within the library profession. The data was originally collected to assist in the production of a conference paper for the Australian Library and Information Associations 5th New Librarians Symposium (NLS5); Metamorphosis: what will you become today.

The survey asked respondents several questions; including : Do you believe the traditional skills of cataloguers are transferable to other roles, for example metadata creation and analysis, search interface development, and reference services?; Do you believe that library courses need to change their curriculum to become more relevant to employers of cataloguers?; Do you believe there will be a role for cataloguers in the future?