9 resultados para concept of derivative legal interpretation
em Digital Commons at Florida International University
Resumo:
This study explored the differential effects of single-sex versus coed education on the cognitive and affective development of young women in senior year of high school. The basic research question was: What are the differential effects of single-sex versus coed education on the development of mathematical reasoning ability, verbal reasoning ability, or self-concept of high school girls?^ This study was composed of two parts. In the first part, the SAT verbal and mathematical ability scores were recorded for those subjects in the two schools from which the sample populations were drawn. The second part of the study required the application of the Piers-Harris Children's Self-Concept Scale to subjects in each of the two sample populations. The sample schools were deliberately selected to minimize between group differences in the populations. One was an all girls school, the other coeducational.^ The research design employed in this study was the causal-comparative method, used to explore causal relationships between variables that already exist. Based on a comprehensive analysis of the data produced by this research, no significant difference was found to exist between the mean scores of the senior girls in the single-sex school and the coed school on the SAT 1 verbal reasoning section. Nor was any significant difference found to exist between the mean scores of the senior girls in the single-sex school and the coed school on the SAT 1 mathematical reasoning section. Finally, no significant difference between the mean total scores of the senior girls in the single-sex school and the coed school on the Piers-Harris Children's Self-Concept Scale was found to exist.^ Contrary to what many other studies have found in the past about single-sex schools and their advantages for girls, this study found no support for such advantages in the cognitive areas of verbal and mathematical reasoning as measured by the SAT or in the affective area of self-concept as measured by the Piers-Harris Children's Self-Concept Scale. ^
Resumo:
The current research sought to clarify the diverging relationships between counterfactual thinking and hindsight bias observed in the literature thus far. In a non-legal context, Roese and Olson (1996) found a positive relationship between counterfactuals and hindsight bias, such that counterfactual mutations that undid the outcome also increased participants’ ratings of the outcome’s a priori likelihood. Further, they determined that this relationship is mediated by causal attributions about the counterfactually mutated antecedent event. Conversely, in the context of a civil lawsuit, Robbennolt and Sobus (1997) found that the relationship between counterfactual thinking and hindsight bias is negative. The current research sought to resolve the conflicting findings in the literature within a legal context. ^ In Experiment One, the manipulation of the normality of the defendant’s target behavior, designed to manipulate participants’ counterfactual thoughts about said behavior, did moderate the hindsight effect of outcome knowledge on mock jurors’ judgments of the foreseeability of that outcome as well as their negligence verdicts. Although I predicted that counterfactual thinking would increase, or exacerbate, the hindsight bias, as found by Roese and Olson (1996), my results provided some support for Robbenolt and Sobus’s (1997) finding that counterfactual thinking decreases the hindsight bias. Behavior normality did not moderate the hindsight effect of outcome knowledge in Experiment Two, nor did causal proximity in Experiment Three. ^ Additionally, my hypothesis that self-referencing may be an effective hindsight debiasing technique received little support across the three experiments. Although both the self-referencing instructions and self-report measure consistently decreased mock jurors’ likelihood of finding the defendant negligent, and self-referencing instructions decreased their foreseeability ratings in studies two and three, the self-referencing manipulation did not interact with outcome knowledge to moderate a hindsight bias effect on either foreseeability or negligence judgments. The consistent pattern of results across the three experiments, however, suggests that self-referencing may be an effective technique in reducing the likelihood of negligence verdicts.^
Resumo:
The current research sought to clarify the diverging relationships between counterfactual thinking and hindsight bias observed in the literature thus far. In a non-legal context, Roese and Olson (1996) found a positive relationship between counterfactuals and hindsight bias, such that counterfactual mutations that undid the outcome also increased participants’ ratings of the outcome’s a priori likelihood. Further, they determined that this relationship is mediated by causal attributions about the counterfactually mutated antecedent event. Conversely, in the context of a civil lawsuit, Robbennolt and Sobus (1997) found that the relationship between counterfactual thinking and hindsight bias is negative. The current research sought to resolve the conflicting findings in the literature within a legal context. In Experiment One, the manipulation of the normality of the defendant’s target behavior, designed to manipulate participants’ counterfactual thoughts about said behavior, did moderate the hindsight effect of outcome knowledge on mock jurors’ judgments of the foreseeability of that outcome as well as their negligence verdicts. Although I predicted that counterfactual thinking would increase, or exacerbate, the hindsight bias, as found by Roese and Olson (1996), my results provided some support for Robbenolt and Sobus’s (1997) finding that counterfactual thinking decreases the hindsight bias. Behavior normality did not moderate the hindsight effect of outcome knowledge in Experiment Two, nor did causal proximity in Experiment Three. Additionally, my hypothesis that self-referencing may be an effective hindsight debiasing technique received little support across the three experiments. Although both the self-referencing instructions and self-report measure consistently decreased mock jurors’ likelihood of finding the defendant negligent, and self-referencing instructions decreased their foreseeability ratings in studies two and three, the self-referencing manipulation did not interact with outcome knowledge to moderate a hindsight bias effect on either foreseeability or negligence judgments. The consistent pattern of results across the three experiments, however, suggests that self-referencing may be an effective technique in reducing the likelihood of negligence verdicts.
Resumo:
Background: Both eating disorders and body image dissatisfaction affect a high proportion of college students. Self-esteem and self-efficacy may be protective factors for eating disorders. The aim of this study was to evaluate diet self-efficacy, the confidence to maintain or lose weight, and its association with physical selfconcept using data from an online survey of health literacy, body image, and eating disorders. Study Population and Methods: This cross-sectional study collected online survey data from college students within the United States. The inclusion criteria allowed for 1612 college students, ages 17-35 years (597 males, 1015 females) belonging to the following racial/ethnic categories: Black (187); White, non-Hispanic (244), Hispanic (1035), and other (146). Specifically, the study aimed to examine (a) whether and to what degree diet self-efficacy and physical self-concept were associated with risk of eating disorders; (b) the interaction of gender by ethnicity on diet self-efficacy, physical self-concept and risk of eating disorders; and, (c) the relationship of diet self-efficacy with physical self-description and body mass index (BMI) in college students. Results:Low diet self-efficacy was associated with a lower score on physical self-concept (B = −0.52 [−0.90, −0.15], P = 0.007). Males had a higher physical self-concept as compared to females (B = 14.0 [8.2, 19.8], P Conclusion: College students in this study who had a poor body image were less confident with diet control. Poorer body image and low diet selfefficacy were associated with higher BMI. These findings suggest lifestyle management interventions may be of value to improve physical self-concept and lower risk of eating disorders for college students.
Resumo:
Treason, in the romances of Chrdtien de Troyes and the lais of Marie de France, is explored more often as afin' amor problem than as a legal issue with its concomitant sociopolitical ramifications. It is precisely the historical function of literature within the ambit of court culture that appears to have shaped the legal context of the poems of Chrdtien de Troyes and the lais of Marie de France. Counterpoising the literary treatment of treason in Le Chevalier au Lion and Lanval with actions and definitions of treachery by contemporary, twelfth-century chronicle and customary law sources reveals that the conceptualized, fictional world of Chrdtien's Yvain closely reflects the workings of the Capetian society Chretien experienced. Marie's Lanval reflects as well the historical impressions of the Angevin court with which she had familiarity, a court whose concept of treason leaned more toward the maiestas concept found in Roman jurisprudence tradition.
Resumo:
The purpose of the study is to examine the impactof the timesharing concept on the resort industry in order to determine the industry's familiarity with timesharing and the industry's conception of the present and future effects of timesharing. The study utilizes two methods of research, primarydata and secondary data, to examine the concept of timesharing. This section includes information on the different forms of timesharing, the legal aspects, the marketing, management, finance and future of timesharing in order to educate the public about the concept. The primary data takes the form of a survey thatquestions hotel/motel operators in the Fort Lauderdale Beach area to determine their attitudes towards the impact of timesharing on the resort industy.
Resumo:
The aim of the thesis is to develop a critique of current liberal conceptualizations of international order. In order to conduct this critique, this thesis revisits the arguments first put forth by the German legal and political theorist Carl Schmitt. Schmitt conceptualizes a tripartite unity between law, order, and place. This unity, established at the constituent moment of land-appropriation, forms a concrete nomos, which subsequently creates the contours of the legal and political order. The establishment of the concrete order is necessarily the construction of a territorial boundary that designates an inside and an outside of the polity. By speaking of a nomos of the earth, Schmitt globalized this understanding of concrete order by looking at the various historical developments that created a "line" between the concrete applicability of interstate norms and a region where the exceptional situation prevails. The critique presented in this thesis is concerned with the lack of concrete boundary conditions within the current international legal order. It is argued that this lack of a well-defined boundary condition is what results in extreme forms of violence that were traditionally bracketed.
Resumo:
This phenomenological study explored Black male law enforcement officers’ perspectives of how racial profiling shaped their decisions to explore and commit to a law enforcement career. Criterion and snow ball sampling was used to obtain the 17 participants for this study. Super’s (1990) archway model was used as the theoretical framework. The archway model “is designed to bring out the segmented but unified and developmental nature of career development, to highlight the segments, and to make their origin clear” (Super, 1990, p. 201). Interview data were analyzed using inductive, deductive, and comparative analyses. Three themes emerged from the inductive analysis of the data: (a) color and/or race does matter, (b) putting on the badge, and (c) too black to be blue and too blue to be black. The deductive analysis used a priori coding that was based on Super’s (1990) archway model. The deductive analysis revealed the participants’ career exploration was influenced by their knowledge of racial profiling and how others view them. The comparative analysis between the inductive themes and deductive findings found the theme “color and/or race does matter” was present in the relationships between and within all segments of Super’s (1990) model. The comparative analysis also revealed an expanded notion of self-concept for Black males – marginalized and/or oppressed individuals. Self-concepts, “such as self-efficacy, self-esteem, and role self-concepts, being combinations of traits ascribed to oneself” (Super, 1990, p. 202) do not completely address the self-concept of marginalized and/or oppressed individuals. The self-concept of marginalized and/or oppressed individuals is self-efficacy, self-esteem, traits ascribed to oneself expanded by their awareness of how others view them. (DuBois, 1995; Freire, 1970; Sheared, 1990; Super, 1990; Young, 1990). Ultimately, self-concept is utilized to make career and life decisions. Current human resource policies and practices do not take into consideration that negative police contact could be the result of racial profiling. Current human resource hiring guidelines penalize individuals who have had negative police contact. Therefore, racial profiling is a discriminatory act that can effectively circumvent U.S. Equal Employment Opportunities Commission laws and serve as a boundary mechanism to employment (Rocco & Gallagher, 2004).
Resumo:
The popularization of academic spaces that combine Buddhist philosophy with the literature of the Romantic period – a discipline I refer to as Buddhist Romantic Studies – have exposed the lack of scholarly attention Samuel Taylor Coleridge and The Rime of the Ancient Mariner have received within such studies. Validating Coleridge’s right to exist within Buddhist Romantic spheres, my thesis argues that Coleridge was cognizant of Buddhism through historical and textual encounters. To create a space for The Rime within Buddhist Romantic Studies, my thesis provides an interpretation of the poem that centers on the concept of prajna, or wisdom, as a vital tool for cultivating the mind. Focusing on prajna, I argue that the Mariner’s didactic story traces his cognitive voyage from ignorance to enlightenment. By examining The Rime within the framework of Buddhism, readers will also be able to grasp the importance of cultivating the mind and transcending ignorance.