541 resultados para Violations


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In this paper we present a Gentzen system for reasoning with contrary-to-duty obligations. The intuition behind the system is that a contrary-to-duty is a special kind of normative exception. The logical machinery to formalise this idea is taken from substructural logics and it is based on the definition of a new non-classical connective capturing the notion of reparational obligation. Then the system is tested against well-known contrary-to-duty paradoxes.

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Although people and events that disconfirm observers' expectancies can increase their creativity, sometimes such social schema violations increase observers' rigidity of thought and undermine creative cognition. Here we examined whether individual differences in the extent to which people prefer structure and predictability determine whether social schema violations facilitate or hamper creativity. Participants in Study 1 formed impressions of a schema-inconsistent female mechanic (vs. a schema-consistent male mechanic). Following schema-inconsistent rather than -consistent information, participants low (high) in need for structure showed better (impeded) creative performance. Participants in Study 2 memorized a series of images in which individuals were placed on a schema-inconsistent (vs. consistent) background (e.g., an Eskimo on the desert vs. on a snowy landscape). Following schema-inconsistent imagery, participants low (high) in need for structure increased (decreased) divergent thinking. © 2014 by the Society for Personality and Social Psychology, Inc.

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When a court imposes a fine or forfeiture for a violation of state law, or city or county ordinance, except an ordinance regulating the parking of motor vehicles, the court or the clerk of the district court shall assess an additional penalty in the form of a criminal penalty surcharge equal to thirty-five percent of the fine or forfeiture imposed.

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This article examines European Union (EU) approaches to the question of human rights violations in Kosovo before and after its proclamation of independence, in February 2008. While the 1999 NATO-led humanitarian intervention in the region was often justified as necessary due to the continuous abuses of human rights, perpetrated by the Serbian forces against the ethic Kosovo Albanians, the post-interventionist period has witnessed a dramatic reversal of roles, with the rights of the remaining Serbian minority being regularly abused by the dominant Albanian population. However, in contrast to the former scenario, the Brussels administration has remained quite salient about the post-independence context – a grey zone of unviable political and social components, capable of generating new confrontations and human rights abuses within the borders of Kosovo. Aware of this dynamic and the existing EU official rhetoric, it is possible to conclude that the embedded human rights concerns in Kosovo are not likely to disappear, but even more importantly, their relevance has been significantly eroded.

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ResumenLa discriminación racial, la pobreza y la exclusión social son problemas estructurales que han afectadoa las minorías étnicas colombianas por décadas. De los grupos minoritarios del país, los(as)afrocolombianos(as) experimentan el más alto nivel de pobreza, hecho que se demuestra en sulimitado acceso a las políticas de educación, salud, empleo y demás servicios públicos y programassociales. De hecho, las regiones con fuerte presencia afrocolombiana presentan los peores indicadoressocio-económicos y la mayor parte de las víctimas (directas) del conflicto armado internoque afecta a la nación son las comunidades afrocolombianas. Las violaciones de derechos humanos contra los(as) afrocolombianos(as) han sido cometidas tanto por instituciones del Estado comopor actores no-estatales. Dichas violaciones son prohibidas por la Constitución Nacional y por lostratados de derechos humanos ratificados por el Estado colombiano. Sin embargo, los efectos de lasmismas siguen sin ser analizados a profundidad. En este texto se estudia en detalle las normas dederechos humanos que buscan proteger a la población afrocolombiana como grupo étnico minoritario.También se estudian las principales consecuencias de las prácticas racistas contra las comunidadesafrocolombianas y los retos de éstas en el marco del conflicto armado interno. El artículo se convierteen una de las pocas investigaciones que explica la compleja situación de derechos humanos de lascomunidades afrocolombianas en la historia reciente del país.Palabras clave: Afrocolombianos(as), minorías, derechos y discriminación. AbstractRacial discrimination, poverty and social exclusion are structural problems that have affected the Colombianethnic minorities for decades. Among these minority groups, Afro-Colombians experience the highest levelof poverty, which is demonstrated by their limited access to education, health, employment, and other socialprograms and services. In fact, most regions with Afro-Colombian presence endure the worst socio-economicindicators, and the main victims of the internal armed conflict are the Afro-Colombian communities. Humanrights violations against Afro-Colombians have been committed by both state and non-state actors.These violations are prohibited by the new Colombian Constitution (approved in 1991) and human rightstreaties ratified by the Colombian state. However, their effects on Afro-Colombians have not been extensivelyexplored. This paper analyzes in depth the domestic human rights framework that seeks the protectionof Afro-Colombians as an ethnic minority. Also, it studies in detail the consequences of racist practicestowards the Afro-Colombian communities and the challenges of their struggle for human rights in the frameof the internal armed conflict. The text represents one of the few works of its kind that explains the mainaspects of the complex human rights situation of Afro-Colombians throughout the nation’s recent history.Keywords: Afro-Colombians, minorities, rights and discrimination. 

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Although internet chat is a significant aspect of many internet users’ lives, the manner in which participants in quasi-synchronous chat situations orient to issues of social and moral order remains to be studied in depth. The research presented here is therefore at the forefront of a continually developing area of study. This work contributes new insights into how members construct and make accountable the social and moral orders of an adult-oriented Internet Relay Chat (IRC) channel by addressing three questions: (1) What conversational resources do participants use in addressing matters of social and moral order? (2) How are these conversational resources deployed within IRC interaction? and (3) What interactional work is locally accomplished through use of these resources? A survey of the literature reveals considerable research in the field of computer-mediated communication, exploring both asynchronous and quasi-synchronous discussion forums. The research discussed represents a range of communication interests including group and collaborative interaction, the linguistic construction of social identity, and the linguistic features of online interaction. It is suggested that the present research differs from previous studies in three ways: (1) it focuses on the interaction itself, rather than the ways in which the medium affects the interaction; (2) it offers turn-by-turn analysis of interaction in situ; and (3) it discusses membership categories only insofar as they are shown to be relevant by participants through their talk. Through consideration of the literature, the present study is firmly situated within the broader computer-mediated communication field. Ethnomethodology, conversation analysis and membership categorization analysis were adopted as appropriate methodological approaches to explore the research focus on interaction in situ, and in particular to investigate the ways in which participants negotiate and co-construct social and moral orders in the course of their interaction. IRC logs collected from one chat room were analysed using a two-pass method, based on a modification of the approaches proposed by Pomerantz and Fehr (1997) and ten Have (1999). From this detailed examination of the data corpus three interaction topics are identified by means of which participants clearly orient to issues of social and moral order: challenges to rule violations, ‘trolling’ for cybersex, and experiences regarding the 9/11 attacks. Instances of these interactional topics are subjected to fine-grained analysis, to demonstrate the ways in which participants draw upon various interactional resources in their negotiation and construction of channel social and moral orders. While these analytical topics stand alone in individual focus, together they illustrate different instances in which participants’ talk serves to negotiate social and moral orders or collaboratively construct new orders. Building on the work of Vallis (2001), Chapter 5 illustrates three ways that rule violation is initiated as a channel discussion topic: (1) through a visible violation in open channel, (2) through an official warning or sanction by a channel operator regarding the violation, and (3) through a complaint or announcement of a rule violation by a non-channel operator participant. Once the topic has been initiated, it is shown to become available as a topic for others, including the perceived violator. The fine-grained analysis of challenges to rule violations ultimately demonstrates that channel participants orient to the rules as a resource in developing categorizations of both the rule violation and violator. These categorizations are contextual in that they are locally based and understood within specific contexts and practices. Thus, it is shown that compliance with rules and an orientation to rule violations as inappropriate within the social and moral orders of the channel serves two purposes: (1) to orient the speaker as a group member, and (2) to reinforce the social and moral orders of the group. Chapter 6 explores a particular type of rule violation, solicitations for ‘cybersex’ known in IRC parlance as ‘trolling’. In responding to trolling violations participants are demonstrated to use affiliative and aggressive humour, in particular irony, sarcasm and insults. These conversational resources perform solidarity building within the group, positioning non-Troll respondents as compliant group members. This solidarity work is shown to have three outcomes: (1) consensus building, (2) collaborative construction of group membership, and (3) the continued construction and negotiation of existing social and moral orders. Chapter 7, the final data analysis chapter, offers insight into how participants, in discussing the events of 9/11 on the actual day, collaboratively constructed new social and moral orders, while orienting to issues of appropriate and reasonable emotional responses. This analysis demonstrates how participants go about ‘doing being ordinary’ (Sacks, 1992b) in formulating their ‘first thoughts’ (Jefferson, 2004). Through sharing their initial impressions of the event, participants perform support work within the interaction, in essence working to normalize both the event and their initial misinterpretation of it. Normalising as a support work mechanism is also shown in relation to participants constructing the ‘quiet’ following the event as unusual. Normalising is accomplished by reference to the indexical ‘it’ and location formulations, which participants use both to negotiate who can claim to experience the ‘unnatural quiet’ and to identify the extent of the quiet. Through their talk participants upgrade the quiet from something legitimately experienced by one person in a particular place to something that could be experienced ‘anywhere’, moving the phenomenon from local to global provenance. With its methodological design and detailed analysis and findings, this research contributes to existing knowledge in four ways. First, it shows how rules are used by participants as a resource in negotiating and constructing social and moral orders. Second, it demonstrates that irony, sarcasm and insults are three devices of humour which can be used to perform solidarity work and reinforce existing social and moral orders. Third, it demonstrates how new social and moral orders are collaboratively constructed in relation to extraordinary events, which serve to frame the event and evoke reasonable responses for participants. And last, the detailed analysis and findings further support the use of conversation analysis and membership categorization as valuable methods for approaching quasi-synchronous computer-mediated communication.

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This research investigates wireless intrusion detection techniques for detecting attacks on IEEE 802.11i Robust Secure Networks (RSNs). Despite using a variety of comprehensive preventative security measures, the RSNs remain vulnerable to a number of attacks. Failure of preventative measures to address all RSN vulnerabilities dictates the need for a comprehensive monitoring capability to detect all attacks on RSNs and also to proactively address potential security vulnerabilities by detecting security policy violations in the WLAN. This research proposes novel wireless intrusion detection techniques to address these monitoring requirements and also studies correlation of the generated alarms across wireless intrusion detection system (WIDS) sensors and the detection techniques themselves for greater reliability and robustness. The specific outcomes of this research are: A comprehensive review of the outstanding vulnerabilities and attacks in IEEE 802.11i RSNs. A comprehensive review of the wireless intrusion detection techniques currently available for detecting attacks on RSNs. Identification of the drawbacks and limitations of the currently available wireless intrusion detection techniques in detecting attacks on RSNs. Development of three novel wireless intrusion detection techniques for detecting RSN attacks and security policy violations in RSNs. Development of algorithms for each novel intrusion detection technique to correlate alarms across distributed sensors of a WIDS. Development of an algorithm for automatic attack scenario detection using cross detection technique correlation. Development of an algorithm to automatically assign priority to the detected attack scenario using cross detection technique correlation.

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Published in concomitance with the adoption of the United Nations Declaration on the Rights of Indigenous Peoples, this volume brings together a group of renowned legal experts and activists from different parts of the world who, from international and comparative perspectives, investigate the right of indigenous peoples to reparation for breaches of their individual and collective rights. The first part of the book is devoted to general aspects of this important matter, providing a comprehensive assessment of the relevant international legal framework and including overviews of the topic of reparations for human rights violations, the status of indigenous peoples in international law, and the vision of reparations as conceived by the communities concerned. The second part embraces a comprehensive investigation of the relevant practice at the international, regional, and national level, examining the best practices of reparations according to the ideologies and expectations of indigenous peoples and offering a comparative perspective on the ways in which the right of these peoples to redress for the injuries suffered is realized worldwide. The global picture painted by these contributions provides a view of the status of relevant international law that is synthesized in the two final chapters of the book, which include a concrete example of how a judicial claim for reparation is to be structured and prescribes the best practices and strategies to be adopted in order to maximize the opportunities for indigenous peoples to obtain effective redress. As a whole, this volume offers a comprehensive vision of its subject matter in international and comparative law, with a practical approach aimed at supporting legal academics, administrators, and practitioners in improving the avenues and modalities of reparations for indigenous peoples

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The contribution of risky behaviour to the increased crash and fatality rates of young novice drivers is recognised in the road safety literature around the world. Exploring such risky driver behaviour has led to the development of tools like the Driver Behaviour Questionnaire (DBQ) to examine driving violations, errors, and lapses [1]. Whilst the DBQ has been utilised in young novice driver research, some items within this tool seem specifically designed for the older, more experienced driver, whilst others appear to asses both behaviour and related motives. The current study was prompted by the need for a risky behaviour measurement tool that can be utilised with young drivers with a provisional driving licence. Sixty-three items exploring young driver risky behaviour developed from the road safety literature were incorporated into an online survey. These items assessed driver, passenger, journey, car and crash-related issues. A sample of 476 drivers aged 17-25 years (M = 19, SD = 1.59 years) with a provisional driving licence and matched for age, gender, and education were drawn from a state-wide sample of 761 young drivers who completed the survey. Factor analysis based upon a principal components extraction of factors was followed by an oblique rotation to investigate the underlying dimensions to young novice driver risky behaviour. A five factor solution comprising 44 items was identified, accounting for 55% of the variance in young driver risky behaviour. Factor 1 accounted for 32.5% of the variance and appeared to measure driving violations that were transient in nature - risky behaviours that followed risky decisions that occurred during the journey (e.g., speeding). Factor 2 accounted for 10.0% of variance and appeared to measure driving violations that were fixed in nature; the risky decisions being undertaken before the journey (e.g., drink driving). Factor 3 accounted for 5.4% of variance and appeared to measure misjudgment (e.g., misjudged speed of oncoming vehicle). Factor 4 accounted for 4.3% of variance and appeared to measure risky driving exposure (e.g., driving at night with friends as passengers). Factor 5 accounted for 2.8% of variance and appeared to measure driver emotions or mood (e.g., anger). Given that the aim of the study was to create a research tool, the factors informed the development of five subscales and one composite scale. The composite scale had a very high internal consistency measure (Cronbach’s alpha) of .947. Self-reported data relating to police-detected driving offences, their crash involvement, and their intentions to break road rules within the next year were also collected. While the composite scale was only weakly correlated with self-reported crashes (r = .16, p < .001), it was moderately correlated with offences (r = .26, p < .001), and highly correlated with their intentions to break the road rules (r = .57, p < .001). Further application of the developed scale is needed to confirm the factor structure within other samples of young drivers both in Australia and in other countries. In addition, future research could explore the applicability of the scale for investigating the behaviour of other types of drivers.

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Human error, its causes and consequences, and the ways in which it can be prevented, remain of great interest to road safety practitioners. This paper presents the findings derived from an on-road study of driver errors in which 25 participants drove a pre-determined route using MUARC's On-Road Test Vehicle (ORTeV). In-vehicle observers recorded the different errors made, and a range of other data was collected, including driver verbal protocols, forward, cockpit and driver video, and vehicle data (speed, braking, steering wheel angle, lane tracking etc). Participants also completed a post trial cognitive task analysis interview. The drivers tested made a range of different errors, with speeding violations, both intentional and unintentional, being the most common. Further more detailed analysis of a sub-set of specific error types indicates that driver errors have various causes, including failures in the wider road 'system' such as poor roadway design, infrastructure failures and unclear road rules. In closing, a range of potential error prevention strategies, including intelligent speed adaptation and road infrastructure design, are discussed.

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Separability is a concept that is very difficult to define, and yet much of our scientific method is implicitly based upon the assumption that systems can sensibly be reduced to a set of interacting components. This paper examines the notion of separability in the creation of bi-ambiguous compounds that is based upon the CHSH and CH inequalities. It reports results of an experiment showing that violations of the CHSH and CH inequality can occur in human conceptual combination.

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Red light cameras (RLCs) have been used in a number of US cities to yield a demonstrable reduction in red light violations; however, evaluating their impact on safety (crashes) has been relatively more difficult. Accurately estimating the safety impacts of RLCs is challenging for several reasons. First, many safety related factors are uncontrolled and/or confounded during the periods of observation. Second, “spillover” effects caused by drivers reacting to non-RLC equipped intersections and approaches can make the selection of comparison sites difficult. Third, sites selected for RLC installation may not be selected randomly, and as a result may suffer from the regression to the mean bias. Finally, crash severity and resulting costs need to be considered in order to fully understand the safety impacts of RLCs. Recognizing these challenges, a study was conducted to estimate the safety impacts of RLCs on traffic crashes at signalized intersections in the cities of Phoenix and Scottsdale, Arizona. Twenty-four RLC equipped intersections in both cities are examined in detail and conclusions are drawn. Four different evaluation methodologies were employed to cope with the technical challenges described in this paper and to assess the sensitivity of results based on analytical assumptions. The evaluation results indicated that both Phoenix and Scottsdale are operating cost-effective installations of RLCs: however, the variability in RLC effectiveness within jurisdictions is larger in Phoenix. Consistent with findings in other regions, angle and left-turn crashes are reduced in general, while rear-end crashes tend to increase as a result of RLCs.

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Level crossing crashes have been shown to result in enormous human and financial cost to society. According to the Australian Transport Safety Bureau (ATSB) [5] a total of 632 Railway Level crossing (RLX) collisions, between trains and road vehicles, occurred in Australia between 2001 and June 2009. The cost of RLX collisions runs into the tens of millions of dollars each year in Australia [6]. In addition, loss of life and injury are commonplace in instances where collisions occur. Based on estimates that 40% of rail related fatalities occur at level crossings [12], it is estimated that 142 deaths between 2001 and June 2009 occurred at RLX. The aim of this paper is to (i) summarise crash patterns in Australia, (ii) review existing international ITS interventions to improve level crossing and (iii) highlights open human factors research related issues. Human factors (e.g., driver error, lapses or violations) have been evidenced as a significant contributing factor in RLX collisions, with drivers of road vehicles particularly responsible for many collisions. Unintentional errors have been found to contribute to 46% of RLX collisions [6] and appear to be far more commonplace than deliberate violations. Humans have been found to be inherently inadequate at using the sensory information available to them to facilitate safe decision-making at RLX and tend to underestimate the speed of approaching large objects due to the non-linear increases in perceived size [6]. Collisions resulting from misjudgements of train approach speed and distance are common [20]. Thus, a fundamental goal for improved RLX safety is the provision of sufficient contextual information to road vehicle drivers to facilitate safe decision-making regarding crossing behaviours.

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The term ‘driving self-restriction’ is used in the road safety literature to describe the behaviour of some older drivers. It includes the notion that older drivers will avoid driving in specific, usually self-identified situations, such as those in which safety is compromised. We sought to identify the situations that older drivers report avoiding; and, to determine the adequacy of a key measure of such behaviour. A sample of 75 drivers aged 65 years and older completed Baldock et al.’s modification of the Driving Habits Questionnaire avoidance items (Baldock et al., 2006), the Driving Behaviour Questionnaire, and open-ended items that elicited written descriptions of the most and least safe driving situation. Consistent with previous results, we found a relatively low level of driving self-restriction and infrequent episodes of aggressive violations. However, when combined with the situation descriptions, these data suggest that Driving Habits Questionnaire did not cover all of the situations that older drivers might choose avoid. We suggest that a new avoidance scale is needed and we present a new item pool that may be used for this purpose.