This article examines the operation of “reasonable steps” as a statutory standard for analysis of the availability of the defence of belief in consent in sexual assault cases and concludes that application of section 273.2(b) of the Criminal Code, as presently worded, often undermines the legal validity and correctness of decisions about whether the accused acted with mens rea, a guilty, blameworthy state of mind. When the conduct of an accused who is alleged to have made a mistake about whether (...) a complainant communicated consent is assessed by the hybrid subjective-objective reasonableness standard prescribed by s. 273.2, many decision-makers rely on extra-legal criteria and assumptions grounded on their personal experience and opinion about what is reasonable. In the midst of debate over what the accused knew and what steps were “reasonable” given what the accused knew, the legal definition of consent in section 273.1 is easily over-looked and decision-makers focus on facts that are legally irrelevant and prejudice rational deliberation. -/- That is precisely what we see here; the result is often failure to enforce the law. The author proposes: -/- (a) that section 273.2 be amended to reflect the significant developments achieved in sexual consent jurisprudence since enactment of the provision in 1992; and -/- (b) that, in the interim, the judiciary act with resolve to make full and proper use of the statutory and common law tools that are presently available to determine whether the accused acted with mens rea in relation to the absence of sexual consent. (shrink)

The availability of the defence of belief in consent under section 265(4) is a question of law, subject to review on appeal. The statutory provision is based on the common law rule that applies to all defences. Consideration of the defence when it is unavailable in law and failure to consider it when it is available are both incorrect. A judge is most likely to avoid error when ruling on availability of the defence if the ruling: (1) is grounded on (...) sound analysis of the substantive basis for the defence and its relationship to the principles of criminal responsibility; and (2) uses precise legal criteria to govern practical application of section 265(4) to the evidence in specific cases. The guidelines proposed in Part I are based on analyses of the substantive defence and culpable awareness and were developed to ensure that appropriate criteria are properly used when section 265(4) is applied. When a trial judge rules that the defence is available in law, the trier of fact must determine whether the defence is available on the facts as found, based on the evidence in the case. The model jury instructions proposed in Part II are designed to ensure that deliberations by the trier of fact are also guided and shaped by appropriate legal criteria. At both stages, the objective is to ground the deliberation process on fact, not fiction, and to regulate the exculpatory effect of the defence by using legal norms to exclude excuses based on extra-legal considerations such as sexual/racial fantasy, stereotype and myth, or community attitudes and custom. (shrink)

In this ground-breaking article submitted for publication in mid-1986, Lucinda Vandervort creates a radically new and comprehensive theory of sexual consent as the unequivocal affirmative communication of voluntary agreement. She argues that consent is a social act of communication with normative effects. To consent is to waive a personal legal right to bodily integrity and relieve another person of a correlative legal duty. If the criminal law is to protect the individual’s right of sexual self-determination and physical autonomy, rather (...) than simply to regulate the type and degree of force that may be used to obtain compliance from a victim, the point of reference must be the individual complainant, as a person who makes choices, not social norms or objective tests based on the ordinary person. To determine whether consent is voluntary, attention must be directed to the presence or absence of factors that had a coercive impact on the individual complainant, a specific person with a collection of social, cultural, and psychological experiences, needs, fears, values, and priorities. Individuals have the right to exercise self-determination in accordance with their own values and perceptions, not those of a mythical victim. Accordingly, Vandervort argues that the prosecution may show either refusal, the absence of affirmative voluntary agreement (including passivity or the absence of consent due to unconsciousness), or circumstances that invalidate any apparent consent. Any of these prove the absence of consent for the purposes of establishing the actus reus of sexual assault. -/- The definition of consent as the affirmative communication of voluntary agreement is also shown to have a variety of implications for the interpretation and application of the law of sexual assault and the handling of evidentiary issues at trial in sexual assault cases. Key among these is the pivotal significance of the legal definition of consent as a tool to bar availability of the defence of “mistaken belief in consent.” Vandervort argues that in many cases the defence of “mistaken belief in consent” is based on ignorance of the law of consent, mistake about the legal definition of consent, or a failure to appreciate the legal significance of facts that are well-known, and not on a mistaken belief in an erroneous set of facts. The broad proposition asserted here is that a statutory criminal law is enforceable only if all defences based directly or indirectly on belief in the validity of extra-legal norms that authorize infringement of rights protected by the criminal law are barred. This proposition and the characterization of some mistakes about consent as legal, not factual, are also shown to be useful to exclude rape-myths and stereotypical assumptions---the stuff of which “social” definitions of consent have long been constructed---from the decision-making process at trial. -/- . (shrink)

This dissertation engages in a critical analysis of the work of Adolf Reinach in the theory of knowledge and legal philosophy. Reinach had trained as a lawyer and brought that perspective and experience to bear in his phenomenological work on problems in evidence and legal philosophy. His contributions to phenomenology in the early 20th century provide a window into the earliest phases of the development of the phenomenological movement, prior to World War I. This dissertation locates this work in the (...) European intellectual context of the era and finds analogies with key philosophical dilemmas and developments in England during the same period, arguably ones with shared intellectual roots. Valued for his talent as an inspiring university lecturer, Reinach was a central figure in the circle of young scholars who practiced phenomenology in the spirit of the "early" "pre-Ideen" phase of phenomenology. The dissertation Appendices include translations of selected excerpts from the Nachlass. My translation of the obituary Edmund Husserl wrote and published following Adolf Reinach's death in WWI is published separately. Professor Raymond Klibansky was my supervisor and mentor throughout. (shrink)

This article examines the development of affirmative sexual consent in Canadian jurisprudence and legal theory and its adoption in Canadian law. Affirmative sexual consent requirements were explicitly proposed in Canadian legal literature in 1986, codified in the 1992 Criminal Code amendments, and recognized as an essential element of the common law and statutory definitions of sexual consent by the Supreme Court of Canada in a series of cases decided since 1994. Although sexual violence and non-enforcement of sexual assault laws are (...) worldwide phenomena, the international scholarly literature reflects limited awareness of these developments in Canadian law. This article remedies that gap in the literature. The Canadian experience with the definition of sexual consent as communicated “voluntary agreement” demonstrates the value of this conceptualization of consent; the definition provides a well-defined set of nondiscretionary reference points for legal analysis of the facts in sexual assault offenses. The effect is to facilitate effective enforcement of the sexual assault laws and affirm the right to sexual autonomy, sexual self-determination, and equality, consistent with fundamental principles of individual human rights. For all these reasons, familiarity with the Canadian experience may be useful to those engaged with the reform of rape and sexual assault laws in other jurisdictions. (shrink)

The author examines two proposals to expand legal recognition of individual control over physical integrity. Protections for individual autonomy are discussed in relation to the right to die, euthanasia, medical treatment, and consensual and assaultive sexual behaviours. The author argues that at present, the legal doctrine of consent protects only those individual preferences which are seen to be congruent with dominant societal values; social preferences and convenience override all other individual choices. Under these conditions, more freedom to waive rights of (...) physical integrity can only place socially vulnerable persons at great risk of abuse. (shrink)

This article proposes a rigorous method to “map” the law on to the facts in the legal analysis of “sexual consent” using a series of mandatory questions of law designed to eliminate the legal errors often made by decision-makers who routinely rely on personal beliefs about and attitudes towards “normal sexual behavior” in screening and deciding cases. In Canada, sexual consent is affirmative consent, the communication by words or conduct of “voluntary agreement” to a specific sexual activity, with a specific (...) person. As in many jurisdictions, however, the sexual assault laws are often not enforced. Reporting is lowest and non-enforcement highest in cases involving the most common type of assailants, those who are not strangers but instead persons the complainant knows, often quite well -- acquaintances, supervisors or co-workers, and family members. Reliance on popular narratives about “seduction” and “stranger-danger” leads complainants, police, prosecutors, lawyers, and trial judges, to truncate legal analysis of the facts and leap to erroneous conclusions about “consent.” Wrongful convictions and perverse acquittals, questionable plea bargains and ill-considered decisions not to charge, result. This proposal is designed to curtail the impact of pre-judgments, assumptions, and biases in legal reasoning about voluntariness and affirmative agreement and produce decisions that are legally sound, based on the application of the rule of law to the material facts. Law has long had better tools than the age-old and popular tales of “ravishment” and “seduction.” Those tools can and should be used. (shrink)

This article examines the distinction between judicial reasoning flawed by errors on questions of law, properly addressed on appeal, and errors that constitute judicial misconduct and are grounds for removal from the bench. Examples analysed are from the transcripts and reasons for decision in R v George SKQB (2015), appealed to the Saskatchewan Court of Appeal (2016) and the Supreme Court of Canada (2017), and from the sentencing decision rendered by the same judge more than a decade earlier in R (...) v Edmondson SKQB (2003). Both were sexual assault cases. In George a thirty-five year old woman with five children was tried and ultimately acquitted of sexual assault and sexual interference after she was assaulted in her home by a fourteen year old male. Striking similarities between the reasoning and language in the trial decision in George and the sentencing decision in Edmondson demonstrate entrenched antipathy for sexual assault law and the fundamental principles of justice, equality, and impartiality. This is arguably judicial misconduct, persisting despite access in the interim to many years of judicial education programming, not merely legal error. The problem does not lie with the judge alone, however. A toxic mix of misogyny and blindly zealous enforcement of the law appears to have undermined the administration of justice in George from the outset at all levels. The problems are systemic. Were this not the case, it is likely that Barbara George would not have been charged. (shrink)

The public interest in the administration of justice requires access to justice for all. But access to justice must be “meaningful” access. Meaningful access requires procedures, processes, and institutional structures that facilitate communication among participants and decision-makers and ensure that judges and other decision-makers have the resources they need to render fully informed and sound decisions. Working from that premise, which is based on a reconceptualization of the objectives and methods of the justice process, the author proposes numerous specific changes (...) in decision-making processes and practices. These changes are required to achieve a standard of decision-making that is consistent with the public interest in the administration of justice within a constitutional framework under the social and political conditions of the early 21st century. The essay illustrates the application of the principles and methods of legitecture to analysis of problems of institutional design in law. (shrink)

In 2001, three non-Aboriginal men in their twenties were charged with the sexual assault of a twelve year old Aboriginal girl in rural Saskatchewan. Legal proceedings lasted almost seven years and included two preliminary hearings, two jury trials, two retrials with juries, and appeals to the provincial appeal court and the Supreme Court of Canada. One accused was convicted. The case raises questions about the administration of justice in sexual assault cases in Saskatchewan. Based on observation and analysis of the (...) record, this paper: (1) examines relationships between legal errors dealing with availability of the defence of “belief in consent” and interpretation of the “all reasonable steps” provision, the need for retrials, and apprehended race-gender-age bias and discrimination; and 2) proposes incremental and systemic remedies to address the weaknesses in police, prosecutorial and judicial policy and practice highlighted by this case. (shrink)

Resources for Feminist Research, Vol. 3, No. 4, pp. 44-45, 1985 In this brief article, written in 1984 and published the following year, Lucinda Vandervort sets out a comprehensive agenda for enforcement of sexual assault laws in Canada. Those familiar with her subsequent writing are aware that the legal implications of the distinction between the “social” and “legal” definitions of sexual assault, identified here as crucial for interpretation and implementation of the law of sexual assault, are analyzed at length (...) in “Mistake of Law and Sexual Assault: Consent and Mens Rea” (1986), published at (1987-88) 2(2) Canadian Journal of Women and the Law, 233 309. In that article the author argued that most mistakes about consent are not mistakes about a “fact” that may sometimes negative mens rea, but are actually mistakes about the law that afford accused no excuse under either Canadian common law or statutory criminal law. She argued further that consent must be interpreted as “voluntary agreement” and must be affirmatively and unequivocally communicated in order to operate as an effective waiver of a person’s legal right to be free from interference with his or her bodily integrity. That article was a central reference point in the consultations leading to the 1992 amendments to the sexual assault provisions in the Canadian Criminal Code and in some key decisions by the Supreme Court of Canada in sexual assault cases in the 1990’s. As a result of a gradual transformation of theoretical analysis of the law of mens rea and consent in Canada, culpable awareness is now understood by many jurists and criminal law theorists quite differently than it was twenty-five years ago. As Vandervort acknowledged in her 1984 Agenda for Action, however, clarity in legal theory and legal doctrine is no guarantee of how sexual assault laws will operate in practice. Theory and practice, doctrine and its implementation, often diverge. This phenomenon is still seen in some decisions taken at the trial, pre-trial, and pre-charge stages in sexual assault cases. Police, prosecutors, and many trial judges, like accused, may often be influenced by traditional attitudes about sexual consent and mistaken about the law of consent. Accordingly, in her recent work Vandervort re-visits and re-examines the exercise of discretion by police, prosecutors, and the judiciary. An example is her 2009 article “Legal Subversion of the Criminal Justice Process? Judicial, Prosecutorial and Police Discretion in R. v. Edmondson, Kindrat and Brown” in Sexual Assault Law, Practice & Activism in a Post-Jane Doe Era, edited by Elizabeth Sheehy (Ottawa: University of Ottawa Press, 2012). In this and some of her other recent work, the distinctions between social and legal norms and questions of fact and law, previously analyzed with the objective of clarifying the law, are used to control the effects of social ignorance and partiality in the handling of sexual assault complaints by decision-makers in the criminal justice system at trial and pre-trial. Lucinda Vandervort’s published and unpublished legal and philosophical writings on sexual assault and sexual assault law illustrate the development of a socio-legal scholar’s “Agenda for Action” into a principled, pragmatic, open-ended exercise in “institutional design.” Across two centuries, from the revolutionary era of the 18th century to the present, other radical egalitarians would recognize both the impetus for the project and many features of the political and cultural resistance to it. (shrink)

The exculpatory rhetorical power of the term “honest belief” continues to invite reliance on the bare credibility of belief in consent to determine culpability in sexual assault. In law, however, only a comprehensive analysis of mens rea, including an examination of the material facts and circumstances of which the accused was aware, demonstrates whether a “belief” in consent was or was not reckless or wilfully blind. An accused's “honest belief” routinely begs this question, leading to a truncated analysis of criminal (...) responsibility, and error. The problem illustrates how easily old rhetoric perpetuates assumptions that no longer have a place in Canadian law. (shrink)

Despite amendments to the sexual assault provisions in the Criminal Code, decisions about the availability and operation of the defence of belief in consent remain vulnerable to the influence of legally extraneous considerations. The author proposes an approach designed to limit the influence of such considerations.

This paper examines the role of the consensual model in law and argues that if substantive justice is to be the goal of law, the use of individual choice as a legal criterion for distributive and retributive purposes must be curtailed and made subject to substantive considerations. Substantive justice arguably requires that human rights to life, well-being, and the commodities essential to life and well-being, be given priority whenever a societal decision is made. If substantive justice is a collective societal (...) responsibility, the individual cannot be justly rewarded or punished for his or her choices with respect to life, well-being and essential commodities insofar as these choices are justified or excused by standards of substantive justice. Societal conditions and institutional arrangements should be recognized as grounds for justification and excuse because they may impose limits and constraints on the choices available to an individual that are as unavoidable and compelling as those imposed by chance or by another human being. (shrink)

The practice of screening potential users of reproductive services is of profound social and political significance. Access screening is inconsistent with the principles of equality and self-determination, and violates individual and group human rights. Communities that strive to function in accord with those principles should not permit access screening, even screening that purports to be a benign exercise of professional discretion. Because reproductive choice is controversial, regulation by law may be required in most jurisdictions to provide effective protection for reproductive (...) rights. In Canada, for example, equal access can, and should be, guaranteed by federal regulations imposing strict conditions on the licences of fertility clinics. (shrink)

This work examines the development and performance of federal independent regulatory bodies in Canada in the period up to 1979, with particular attention to the operation of legislative schemes that include executive review and appeal powers. The author assesses the impact of the exercise of these powers on the administrative law process, and proposes new models for the generation, interpretation, implementation, review, and enforcement of regulatory policy. The study includes a series of representative case studies based on documentation and extensive (...) interviews with individuals drawn from government, agencies, and other parties, including counsel for public interest groups. This enables author, writing from her experience as a participant-observer embedded in the public interest legal sector, to draw on the experiences and perspectives of a broad range of participants in the regulatory process, including but not limited to those dealing with the regulated energy, transportation, communications, and foreign investment sectors. Legal principles identified as emergent in leading judicial decisions in administrative law are used to assess the powers and practices used in executive reviews and appeals. The author finds those powers and practices to be flawed and proposes changes. The proposed models are designed to accord with emerging legal principles and avoid flaws of the types identified in the review and appeal provisions. This work, written under contract with the Administrative Law Project of the Law Reform Commission of Canada, formed one part of a comprehensive study of administrative law at the federal level in Canada. (shrink)

Senior high school is known to be part of the newly implemented K-12 program in the Philippines' educational system. Hence, this program added two years to the academic learning program of students, which mainly focuses on different theoretical and vocational strands that aim to prepare and fully furnish the students for education and employment in the future. Due to adjustments to new online learning amidst the pandemic, students begin to experience various challenges, primarily social support and mental well-being. Hence, this (...) study investigates the relationship between social support and anxiety with 160 respondents from private schools. The findings revealed that social support and anxiety have a significant relationship (r=0.126). (shrink)

Bell inequalities are usually derived by assuming locality and realism, and therefore violations of the Bell-CHSH inequality are usually taken to imply violations of either locality or realism, or both. But, after reviewing an oversight by Bell, in the Corollary below we derive the Bell-CHSH inequality by assuming only that Bob can measure along vectors b and b' simultaneously while Alice measures along either a or a', and likewise Alice can measure along vectors a and a' simultaneously while Bob measures (...) along either b or b', without assuming locality. The violations of the Bell-CHSH inequality therefore only mean impossibility of measuring along b and b' simultaneously. (shrink)

I demonstrate that Bell's theorem is based on circular reasoning and thus a fundamentally flawed argument. It unjustifiably assumes the additivity of expectation values for dispersion-free states of contextual hidden variable theories for non-commuting observables involved in Bell-test experiments, which is tautologous to assuming the bounds of ±2 on the Bell-CHSH sum of expectation values. Its premises thus assume in a different guise the bounds of ±2 it sets out to prove. Once this oversight is ameliorated from Bell's argument by (...) identifying the impediment that leads to it and local realism is implemented correctly, the bounds on the Bell-CHSH sum of expectation values work out to be ±2√2 instead of ±2, thereby mitigating the conclusion of Bell's theorem. Consequently, what is ruled out by any of the Bell-test experiments is not local realism but the linear additivity of expectation values, which does not hold for non-commuting observables in any hidden variable theories to begin with. (shrink)

In this chapter, we identify and present predominant debates at the intersection of ethics and imagination. We begin by examining issues on whether our imagination can be constrained by ethical considerations, such as the moral evaluation of imagination, the potential for morality’s constraining our imaginative abilities, and the possibility of moral norms’ governing our imaginings. Then, we present accounts that posit imagination’s integral role in cultivating ethical lives, both through engagements with narrative artworks and in reality. Our final topic of (...) consideration focuses on the possibility of imagination constituting or constructing new ethical or political frameworks. (shrink)

We show that the respective oversights in the von Neumann's general theorem against all hidden variable theories and Bell's theorem against their local-realistic counterparts are homologous. When latter oversight is rectified, the bounds on the CHSH correlator work out to be ±2√2 instead of ±2.

This thesis (110 pages) was submitted in March 1970 in partial fulfillment of the requirements for the degree of Master of Arts. The work was supervised by Professor Raymond Klibansky, McGill University.

We aimed to identify the critical insights from empirical peer-reviewed studies on online romance fraud published between 2000 and 2021 through a systematic literature review using the Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) protocol. The corpus of studies that met our inclusion criteria comprised twenty-six studies employing qualitative (n = 13), quantitative (n = 11), and mixed (n = 2) methods. Most studies focused on victims, with eight focusing on offenders and fewer investigating public perspectives. All the (...) victim-focused studies relied on data from the Global North, except for Malaysia. Five offender-focused studies used online data available in the public domain, and three derived their data from West Africa. Our review highlights offenders' techniques to deceive and manipulate victims, as revealed in these studies, and highlights some limitations of offender- and victim-focused studies. The dominant framework used across the studies was found to be the “Scammers Persuasive Techniques Model.” While this framework provides a helpful way of considering the stages of victim involvement, it also faces some limitations, which we highlight. Our study reviews the current state of empirical knowledge on romance fraud and identifies certain gaps and biases in the literature. We argue there is a need for further research into online romance fraud to enhance our understanding of it both from the perspective of the offender as well as the experience of the victim. We also highlight the need for a more inclusive and greater range of regional and global diverse range of data sources and perspectives. Given the scale and impact of online romance fraud, we conclude that its study would benefit from a richer empirical engagement that recognizes it as both a regional and global phenomenon. (shrink)

This is a review and critical commentary on Michael Plaxton's 2015 book, Implied Consent and Sexual Assault, in which he proposes that the legal definition of sexual consent be amended to permit sexual partners to define the terms and conditions of sexual consent in accordance with private "normative commitments" between themselves. The proposed "reform" is intended to permit an individual to agree to be a party to sexual activity that would otherwise constitute sexual assault under Canadian law. For reasons explained (...) in the review, this reviewer concludes that Plaxton's proposal and the rationale he presents in support of its adoption are unpersuasive. (shrink)

Because of the COVID-19 pandemic, procrastination has become commonplace due to changes in teaching and learning, which trigger students' academic burnout. As a result, it has increased the intensity of procrastination among students who are enrolled in online learning programs. As a result, students have difficulty as a result of the rapid change from in-person learning to online learning. The study investigates the relationship between academic burnout and procrastination among 150 grade 12 senior high school students. Hence, this study employed (...) a correlational design. Based on the inferential analysis, the r coefficient of 0.71 indicates a high positive correlation between the variables. The p-value of 0.00, which is less than 0.05, leads to the decision to reject the null hypothesis. Hence, a significant relationship exists between academic burnout and academic procrastination among grade 12 senior high school students. (shrink)

In the history of philosophy, the concept of self has been perennially elusive. The philosophical quest to understand the self is rife with phenomenological and metaphysical analyses, often overlooking other kinds of selves present in the biological realm. To systematically explore this question of non-human selves, I categorize the literature on philosophical and biological notions of self into the biogenic, the zoogenic, and the anthropogenic approaches to self. This article attempts to chart the genesis, the continuum, and the lowest bound (...) of the self. Further, I enumerate challenges in developing a biogenic approach to self or taking the concept of self all the way down in the phylogenetic tree. (shrink)

With the surge of the COVID-19 pandemic, online sellers faced challenges in managing their online business daily. Aside from it, their work-life balance has been negatively affected as well, considering that they work from home and are responsible for household responsibilities. Thus, this study is conducted during the pandemic and gathered data using a semi-structured interview through Messenger call. It is conducted to explore the lived experiences of online sellers and how they managed their online business and personal life. It (...) also determines the specific challenges they’ve encountered and how they coped with them. Lastly, this study aims to map out how these experiences will benefit online sellers and consumers and explain that online selling can be both sustainable and convenient in terms of earning a good living and meeting their daily needs. Moreover, three major conclusions emerged from this study’s findings: (1) online sellers faced psychological and physical difficulties in managing their online business during the pandemic, (2) online sellers discovered ways on how to cope with the struggles they are facing, and (3) online sellers reflected on their experience to be more effective in the online selling industry. (shrink)

The objective of the study was to develop a structural model that explores the relationship between Mathematics Performance and students’ self-regulated learning skills, grit, and expectancy-value towards science, technology, engineering and mathematics (STEM). The research collected survey data from 664 senior high school students from 17 STEM high schools, and conducted a covariance-based structural equation modeling (SEM) analysis. The results of the SEM analysis indicate that the Re-specified Self-Regulated Learning Skill – Expectancy-Value towards STEM – Grit – Mathematics Performance (Re-specified (...) SRL-EV-GR-MP) model is the most parsimonious fit, offering the best empirical support for the theoretical model of the study. The research findings suggest that the mathematics performance of senior high school students in STEM curriculum is attributed to their high expectancies for success and perceived values of the STEM tasks, high grit, and high self-regulated learning skills. Moreover, the research also observed evidence of mediating and moderating grit effects in the concurrent effects of expectancy-values towards STEM and self-regulated learning skills towards students’ mathematics performance. (shrink)

Due to the outbreak of COVID-19 many families experience the threat of the COVID-19. This study aims to explore the lived experiences, challenges, and coping mechanisms of COVID-19 Family Survivors. The study employed the Interpretative Phenomenological Analysis with ten (10) participants. Based on the findings, the following conclusions were drawn: (1) Most of the participants consulted health professionals for their medications and advised herbal medicines in boosting their immune system. (2) Family survivors had to make adaptations to their daily routines (...) and established stringent health standards in their homes, such as separating the parents' and children's rooms, using disposable utensils, and ensuring that every surface of their homes was clean. (3) They were able to meet their necessities due to the generosity of their neighbors. These people were helped financially by their employers, neighbors, churchmates, and loved ones. Similarly, the government offered a different forum for the COVID-19 Family survivors to receive help and assistance. (4) Despite the hardships they faced, COVID-19 family survivors did not lose hope that they would be cured of COVID-19. These people tried their hardest to maintain their health by eating good meals, sleeping early, obtaining enough sunlight in the morning, and carefully selecting the vitamins they took. (5) Finally, despite the difficult battle against COVID19, these individuals grew resilient by building their spiritual lives, exercising their faith, and being brave for the sake of their loved ones. (shrink)

This study explores the employee retention strategies implemented by administrators in educational institutions, focusing on Immaculate Conception College of Balayan, Inc. The qualitative case study involved 10 participants, including administrators and employees selected based on stable tenure and appropriate qualifications. Through face- to-face interviews, key determinants influencing retention, such as teacher satisfaction, job contentment, professional growth, and loyalty, were identified. Recognition and incentives emerged as the primary retention strategy, significantly influencing employee satisfaction and fostering a sense of belonging. The study (...) concludes that these strategies are effective, contributing to the retention of skilled professionals. Recommendations emphasize the importance of recognizing and providing incentives as core strategies for administrators in educational settings, recognizing their role in creating a positive work environment and promoting sustained employee commitment. The findings at ICCBI underscore the observed effectiveness of these strategies. (shrink)

Due to the COVID-19 pandemic, preschool teachers must quickly adjust to online education. During COVID-19, teachers have been forced to embrace technology. This study investigates the lived experiences and challenges of preschool teachers. Employing the Interpretative Phenomenological Analysis, the findings of this study were: It was found that managing parent expectations and dealing with challenging parent behavior were among the sources of stress for preschool teachers. This fear of being judged or criticized by parents could influence their teaching practices and (...) interactions with students, leading to feelings of anxiety or insecurity. Further, preschool teachers faced challenges in implementing blended learning, including technological issues, a lack of support and resources, and difficulties creating engaging online content. However, as teachers gained more experience and knowledge about effectively using online tools and technologies for instruction, these challenges became more manageable. Also limited or unreliable internet connectivity was also a significant challenge faced by teachers and students in the transition to online learning. The digital divide and various technical, bandwidth, and security concerns exacerbated it. Internet connection was a major frustration for her during online classes as it affected her ability to communicate and teach her students effectively. Moreover, preschool teachers have had to adapt to the challenges of blended learning by implementing various strategies and making preparations to guide and support their students effectively. These strategies have included using games and other engaging activities to keep students motivated and engaged, developing online lesson plans, and using online teaching platforms and tools. However, the transition to blended learning has also been a source of stress for preschool teachers. They have had to manage additional workloads and responsibilities and deal with challenges such as supporting students with varying technology access and skills. (shrink)

This study analyzed consumers' preferences for local textiles, specifically Tie-dye and Batik, in the Itoku Local Government Area of Ogun State, Nigeria. Itoku markets were purposefully selected due to their high sales of Adire and Batik. One hundred and fifty respondents were randomly selected from two markets in Itoku. Data was collected through a structured questionnaire and analyzed using descriptive statistics such as means. T-test was used to analyze differences in preference between tie-dye and batik. The results (t = -7.97, (...) P = 0.003) showed a significant difference in consumers' attitudes towards tie-dye and batik. It was also found that the factors influencing consumers' preferences significantly affected both Adire and Batik (t = -4.11, P = 0.001). Further analysis revealed that there was no significant difference in the factors responsible for consumers' preferences between tie-dye and batik (t = 0.008, P = 0.940). Thus, a good number of the respondents preferred tie-dye to batik, just as there were a good number of them who also preferred batik to tie-dye, regardless of factors such as aesthetic values, design patterns, color combinations, durability, attractiveness, production cost, and selling prices. (shrink)

The present study assessed the language teachers' pedagogical beliefs and orientations in integrating technology in the online classroom and its effect on students' motivation and engagement. It utilized a cross-sectional correlational research survey. The study respondents were the randomly sampled 205 language teachers (μ= 437, n= 205) and 317 language students (μ= 1800, n= 317) of select higher educational institutions in the Philippines. The study results revealed that respondents hold positive pedagogical beliefs and orientations using technology-based teaching in their language (...) classroom. Test of difference showed that female teachers manifested a firmer belief in student-centered online language teaching than their male counterparts. However, the utilization and attitude towards technology in the language classroom is favorably associated with the male teachers. As to students' level of language learning motivation and engagement, it was found out that male and female students have high level of language learning engagement. Further, the test of relationship showed that the higher the teachers' belief in utilizing student-centered teaching to integrate technology in the language classroom, the higher the students are motivated and engaged in learning. In like manner, it was also revealed that teacher-centered belief is negatively correlated to student’s motivation and engagement in online language learning. In this regard, the pedagogical assumptions that hold EFL teachers positively to integrate technology in the language classroom. This study generally offers implications for enhancing language teacher's digital literacy to promote motivating, fruitful, and engaging language lessons for 21ts century learning. (shrink)

Trigonometry serves as an important precursor to calculus as well as college level courses. However, a possible factor that affects students from learning is teachers’ strategies in teaching. Several studies reveal that cooperative learning such as study group can increase achievement of students in mathematics. This study focused on the effects of study groups on the grade 9 students’ achievement in trigonometric problems. It sought to identify the achievement of the students in problem solving before and after the interventions and (...) to compare the interventions, the group taught with study groups and taught with the existing method. The study used true experimental design particularly pretest-posttest control group design. The study was analyzed through frequency count and percentage of scores, Wilcoxon rank test, and t-test for independents samples. The subjects of the study were the Grade 9 students in a public high school in Nueva Vizcaya, Philippines. The results revealed that majority of the students’ achievements increased. Moreover, the intervention with a study group and the existing method can improve the students’ performance in solving trigonometric problems. Furthermore, the result suggests that study group method was more effective than the existing method. (shrink)

The study’s goal was to provide an educational intervention in Algebra through GeoGebra that would boost students’ confidence, improve their learning, and correct their most minor mastered skills, allowing them to improve their Algebra performance. The research design was quasi-experimental, with 40 nonrandomly chosen participants comprising the GeoGebra and control groups. Mean and standard deviation was employed to describe the algebra performance and confidence of the respondents. At the same time, independent and dependent t-tests were used to determine the students’ (...) significant difference in algebra performance and confidence in the pre-and post-test between the control and GeoGebra groups. GeoGebra effectively improved algebra confidence, enhanced learning, and remedied the students’ least mastered skills. GeoGebra is recommended as an instructional material in teaching and learning Algebra and can be extended to other mathematics content areas. (shrink)

At the height of the COVID-19 pandemic, stringent lockdowns and sudden adjustments were enacted, both of which had a devastating effect on the economy of the Philippines and the method of education that was in place at the time. This resulted in shifts and serious challenges for everyone, particularly pupils from marginalized homes. Hence, this study employed a correlational design to determine if there is a significant relationship between academic burnout and academic procrastination among 150 grade 12 senior high school (...) students. The researchers used two instruments: Academic Procrastination Scale (APS) and Maslach Burnout Inventory (MBI) to measure the variables. Moreover, the statistical analysis reveals that the r coefficient of 0.80 indicates a high positive correlation between the variables. The p-value of 0.00, which is less than 0.05, leads to the decision to reject the null hypothesis. Hence, a significant relationship exists between procrastination and academic burnout among grade 12 senior high school students. (shrink)

Tricycles are one of the most popular, most accessible, and least expensive forms of public transit in the Philippines. In addition to being common modes of transportation, motorcycles, and tricycles also contribute significantly to the livelihoods of millions of Filipinos who rely on them for a living. Hence, this study explores the lived experiences and challenges faced by female tricycle drivers. Employing the Interpretative Phenomenological Analysis, the findings of this study were: The participants strive to assist their husbands in providing (...) for their families. Their motivation comes primarily from their families. They each make every effort to provide a better life for their children. Thus, have faced challenges related to their ability to make ends meet, find time to balance job and family obligations, and encounter discrimination and stereotypes in others, and day-to-day life. Moreover, they evade and disregard the problem and discrimination as a coping mechanism. They feel that if they ignore their problem and focus on achieving their goal of providing for their family, it would eventually disappear. (shrink)

Iniaalok ng pag-aaral na ito ang isang panunuring Foucauldian sa pangkasariang karanasan ng babaeng may breast cancer (BRCA). Inihahain din ng mga may-akda ang mga sumusunod na tanong: Paano naaapi ang babaeng may BRCA? Paano hinahamon ng kanyang karanasan ang konsepto ng seksuwalidad? Maaari bang ituring ang kanyang karanasan bilang anyo ng pagbalikwas? Tutugunan ng mga may-akda ang naturang mga tanong gamit ang kapangyarihan-diskurso-seksuwalidad ni Foucault habang ipinapalagay na: (1) matagumpay na naipapakita ng talaangkanan ng seksuwalidad ni Foucault kung paanong (...) ang seksuwalidad, bilang isang diskursibong kontrak, ay ginagamit bilang isang teknik ng pangongontrol, at (2) nabibigyan tayo ni Foucault ng isang paraan ng pag-unawa sa kung papaano tumutugon ang indibidwal sa iba’t ibang sistema ng kontrol, maging ng isang balangkas na makapagpapaliwanag sa maraming relasyong pangkapangyarihan na siyang tumutukoy sa moda ng pag-iral ng indibidwal. Nahahati ang papel na ito sa tatlong pangunahing bahagi: (1) Ang Panunuring Feminista ng Sabjek na Foucauldian, (2) Ang Pangkasariang Karanasan ng Babaeng may BRCA, at (3) Pagbalikwas bilang Diskurso-Konstrak at Binuong Tugon. (shrink)

Stillbirths are largely excluded from international measures of mortality and morbidity. Zeshan Qureshi and colleagues argue that stillbirth should be higher on the global health agenda.

Due to the COVID-19 outbreak, education was interrupted. To continue offering high-quality education led to a dramatic transition away from face-to-face instruction and to blended learning. However, modular distance learning, as one of the adaptable learning modes, was chosen by most parents. Hence, this study seeks to determine the role of parents in the effectiveness of modular distance learning during the COVID-19 pandemic era, ascertain whether there is a relationship between the parents’ roles and their backgrounds, determine whether there is (...) a relationship between the parents’ backgrounds and the children’s academic performance and determine whether the child’s educational performance was related to the role of the parents. A survey questionnaire was used to acquire information on the parents’ profiles and the role they played or did not play. Mean, frequency count, and Spearman correlation were used to analyze the data. Results showed a relationship between parents’ profiles and roles in their child’s academic achievement. The children’s academic performance in modular distance learning is boosted, mainly if the parents work and earn a higher income. Modular distance learning is effective when parents act as friendly teachers and motivators for their children and are employed in either public or private agencies. -/- . (shrink)

In this context, the study explored the relationship between organizational climate and employee innovative work behaviour among food manufacturing industries in Malaysia. The study is a descriptive correlational survey research design where data is sourced out from a total of randomly sampled 260 employees. Results revealed that a favourable organizational climate on innovation, proactivity, and risk-taking is prevailing among the companies. A very high level of innovative work behaviour is emanating among the employees on idea exploration, generation, championing, and implementation. (...) Test of differences showed that employee gender, position, unit, and years of service spelt significant differences in the perception of the employees on organizational climate and innovative work behaviour. A meaningful relationship surfaced between organizational climate and employee innovative work behaviour, suggesting that for food manufacturing industries to sustain innovative and competitive advantages, there is a need to promote a nurturing and encouraging entrepreneurial organizational climate. Finally, a congruency among the domains of organizational climate and employee innovative work behaviour emerged. It suggests that when higher positive organizational climate surfaces, the more likely the employee's manifest innovation work behaviour. This study addressed the gap by providing organizational climate and employee innovative work behaviour among food manufacturing industries in Malaysia. (shrink)

This article attempts to answer a question that many dancers and non-dancers may have. What is dance according to the media? Furthermore, how does the written word portray dance in the media? To answer these ques-tions, this research focuses on the role that the discourse of dance in media plays in the public sphere’s knowledge construction of dance. This is impor-tant to study because the public sphere’s meaning of dance will determine whether dance education is promoted or banned in schools (...) and in society. The aim of this paper is to contribute to the existing literature of dance in the media. One limitation of this contribution is that the research uses only newspaper articles as a source of analysis. Future research should include an analysis of visual and audio clips of dance as portrayed in the media. (shrink)

Impulse and momentum are basic concepts of mechanics introduced in the K to 12 curricula. Despite its basic concepts, students still have difficulties understanding the topic, especially when they are out of school due to the pandemic. After reopening the gates for face–to–face classes in the Philippines, the researchers found a significant reason to conduct a lesson study to improve teaching strategies on the topic. Lesson study is a development process wherein teachers work collaboratively to improve teachers teaching capacity. This (...) study was conducted at Plaridel National High School with 23 participants from Grade 9 Newton (Set A and B). The research was conducted in two cycles using a four – phase lesson study. The research lesson was implemented using a 4A Model lesson plan and the results were taken from the analysis of the lesson study observation sheets, along with the class proficiency level. The researchers used the following strategies to improve teaching, namely; (1) showing mastery of subject matter, (2) reviewing basic mathematical operations, (3) contextualizing the lesson, (4) allowing students to answer questions in mother tongue, (5) using collaborative activities, (6) giving rewards, and (7) applying proper time management. However, the findings still showed that both sets of students achieved beginning proficiency level. Despite the implementation of these strategies, the students still lack basic knowledge of the topic and mathematical operations, and they struggle to understand it. Thus, it is recommended to plan the lesson effectively, utilize other research instruments, and collect feedback from the students. (shrink)

In this paper I examine the relation between modern transhumanism and Nietzsche’s philosophy of the superhuman. Following Loeb, I argue that transhumanists cannot claim affinity to Nietzsche’s philosophy until they incorporate the doctrine of eternal recurrence to their project of technological enhancement. This doctrine liberates us from resentment against time by teaching us reconciliation with time and something higher than all reconciliation. Unlike Loeb, however, I claim that this “something higher” is not a new skill (prospective memory), but rather a (...) love for the past in the form of loving that aspect of it that is still with us, namely, the will to power itself, which is the engine of all life. Love of the past is thus equivalent to love of life. Since human beings are conscious incarnations of the will to power, in our case, love of life manifests itself as love of our humanity or love for that aspect of ourselves that connects us to each other, for we recognize it to be the same in all of us. Thus, learning this kind of love enables us to joyfully coordinate our wills in the pursuit of Zarathustra’s superhuman ideal without turning it into a destructive mockery of itself. While learning this kind of love would facilitate a joyful version of transhumanism, I conclude by suggesting that it is unlikely to be achieved through technological interventions of the sort envisioned by transhumanists. Instead, it requires the kind of participatory pedagogical program that Nietzsche thought his Zarathustra would fulfill. (shrink)

This chapter argues that Kant’s aesthetic theory of the sublime has particular relevance for his ethics of virtue. Kant contends that our readiness to revel in natural sublimity depends upon a background commitment to moral ends. Further lessons about the emotional register of the sublime allow us to understand how Kant can plausibly contend that the temperament of virtue is both sublime and joyous at the same time.

In this paper, I argue that if we understand Levinas’s Desire of the Other as gift, we can understand it as joyful—that is, as celebratory. After presenting Levinas’s conception of Desire, I consider his claim, found in Otherwise than Being, that the self is a hostage to the Other, and I contend that, paradoxical as it may seem, being a hostage to the Other is actually liberating. Then, drawing on insights Richard Kearney offers in Reimagining the Sacred, I argue for (...) understanding Desire as a gift that is the condition of possibility for joy. If I offer hospitality to the Other, I thereby accept the gift that makes joy possible, and this joy is not egoistic but is the proper response to the gift. Finally, I ask whether Desire can be joyful in practice, given that the pure gift is an originary condition and never a historical one, and I conclude that imperfect joy remains possible. Moreover, this imperfect joy is better than any solitary enjoyment I might experience in the total absence of the Other. (shrink)

We sometimes experience pleasures and displeasures simultaneously: whenever we eat sfogliatelle while having a headache, whenever we feel pain fading away, whenever we feel guilty pleasure while enjoying listening to Barbara Streisand, whenever we are savouring a particularly hot curry, whenever we enjoy physical endurance in sport, whenever we are touched upon receiving a hideous gift, whenever we are proud of withstanding acute pain, etc. These are examples of what we call " mixed feelings ". Mixed feelings are cases in (...) which one and the same person experiences pleasure and displeasure at the same time. Mixed feelings raise two questions: (1) If pleasure and displeasure are contraries, how can mixed feelings be possible? (2) Does the excess of pleasure (or displeasure) that we feel when experiencing mixed feelings itself constitute a new feeling, that results from the co-occurrence of the first two? I will argue (1) that mixed feelings are possible and that their existence does not threaten the contrariety of pleasure and displeasure, and (2) that there are no resultant feelings: having a lot of pleasure and a little displeasure does not result in having additional mild pleasure. Finally, I will suggest (3) that although both false, scepticism towards the existence of mixed feelings, as well as the idea according to which resultant feelings exist, are inspired from a single and correct idea: that pleasure and displeasure do fuse in some cases. (shrink)

The intersection of Foucault and Hadot's work in the philosophy of antiquity is a dense and fruitful meeting. Not only do each of the philosophers offer competing interpretations of antiquity, their differences also reflect on their opposing assessments of the contemporary situation and the continuing philosophical debate between the universal and the relative. Unpacking these two philosophers’ disagreements on antiquity sheds light on how Hadot’s commitment to the Universal and Foucault’s commitment to an aesthetics of existence stem from their diagnoses (...) of the present and the persistent philosophical issue of universalism. This line of analysis is especially productive to pursue in relation to Hadot and Foucault because of the rigor of their thought, the lack of polemics in its debate, and the importance of both thinkers to philosophy generally. (shrink)