This article examines public administration from 1890 to 2023 to see how it evolved and influenced practice and if good governance is a crucial component in this transformation. This paper presents an in-depth review of several different pieces of secondary literature sources. This paper produced several key findings. The most important finding of this literature study is that, between 1890 and 1980, the Public Administration transitioned from "Traditional Public Administration" to "New Public Management" due to the growing need for good (...) governance. The year 2000 saw the birth of a novel idea in public administration known as "New Public Governance," which has persisted in practice ever since. This paper will be useful to Public Administration practitioners worldwide. There has been little empirical research into how the evolution of Public Administration encourages governments to act more like private corporations. Consequently, more research on this subject is encouraged. (shrink)

Despite the recent advances in information and communication technology that have increased our ability to store and circulate information, the task of ensuring that the right sorts of information gets to the right sorts of people remains. We argue that the many efforts underway to develop efficient means for sharing information across healthcare systems and organizations would benefit from a careful analysis of human action in healthcare organizations. This in turn requires that the management of information and knowledge within healthcare (...) organizations be combined with models of resources and processes of patient care that are based on a general ontology of social interaction. The Health Level 7 (HL7) is one of several ANSI-accredited Standards Developing Organizations operating in the healthcare arena. HL7 has advanced a widely used messaging standard that enables healthcare applications to exchange clinical and administrative data in digital form. HL7 focuses on the interface requirements of the entire healthcare system and not exclusively on the requirements of one area of healthcare such as pharmacy, medical devices, imaging or insurance transactions. This has inspired the development of a powerful abstract model of patient care called the Reference Information Model (RIM). The present paper begins with an overview of the core classes of the HL7 (Version 3) RIM and a brief discussion of its “actcentered” view of healthcare. Central to this account is what is called the life cycle of events. A clinical action may progress from defined, through planned and ordered, to executed. These modalities of an action are represented as the mood of the act. We then outline the basis of an ontology of organizations, starting from the theory of speech Acts, and apply this ontology to the HL7 RIM. Special attention is given to the sorts of preconditions that must be satisfied for the successful performance of a speech act and to the sorts of entities to which speech acts give rise (e.g. obligations, claims, commitments, etc.). Finally we draw conclusions for the efficient communication and management of medical information and knowledge within and between healthcare organizations, paying special attention to the role that medical documents play in such organizations. (shrink)

The administrative discretionary act differs from regulated act because while the latter refers to the simple execution of the law, the former refers to cases where there is some leeway for a further understanding and application of the rule. For example, discretionary is necessary when the law can provide two possible proceedings, none of which is mandatory. It is also necessary when legislation merely indicates its ends, without specifying the means to achieve them. When it is not dissociated from (...) the exercise of the discretion of a constituted authority, discretionary is the opposite of arbitrariness. After defining this important notion, this paper emphasizes two highlights of it, namely, that the foundation of its power lies in the law itself, and that the distinguishing feature of a discretionary act is the justification of the reasons for the decision. (shrink)

In this chapter I focus on two problems facing immigration systems around the world, and Australia in particular. The topics addressed are chosen because each one involves important fundamental rights and because significant improvement in these areas is possible even if each state acts alone, without significant coordination with others. First, I examine refugee programmes, focussing specifically on the ‘two- tier’ refugee programmes pioneered by Australia with the introduction of Temporary Protection Visas by the Howard Government in 1999. Next, I (...) look at recent declines in refugee resettlement schemes from already stingy levels and, in relation to Australia in particular, I show how the tying of resettlement numbers to the number of affirmative asylum claims granted is both wrong- headed and counterproductive. The second area of immigration policy explored is family migration, another area where immigration systems around the world have been moving in the wrong direction, often via less than transparent administrative processes. Australia is no exception. While Australia’s family migration system is reasonably good on its face, in practice there are several factors which make the programme significantly less than satisfactory from the perspective of protecting the basic rights of migrants and, arguably more importantly, citizens. These problems can and should be fixed in straightforward ways, and since doing so would be more just, would have few— if any— significant negative consequences, and in fact would have a number of clear benefits, those changes should be made. (shrink)

Concerns about threats to human autonomy feature prominently in the field of AI ethics. One aspect of this concern relates to the use of AI systems for problematically manipulative influence. In response to this, the European Union’s draft AI Act (AIA) includes a prohibition on AI systems deploying subliminal techniques that alter people’s behavior in ways that are reasonably likely to cause harm (Article 5(1)(a)). Critics have argued that the term ‘subliminal techniques’ is too narrow to capture the target cases (...) of AI-based manipulation. We propose a definition of ‘subliminal techniques’ that (a) is grounded on a plausible interpretation of the legal text; (b) addresses all or most of the underlying ethical concerns motivating the prohibition; (c) is defensible from a scientific and philosophical perspective; and (d) does not over-reach in ways that impose excessive administrative and regulatory burdens. The definition is meant to provide guidance for design teams seeking to pursue responsible and ethically aligned AI innovation. (shrink)

This paper aims to examine human freedom and habits based on justice. The main issue guiding this research is how justice can direct human freedom and habits to create equality in the state, and the authors use a historical-factual approach to the thought of St. Thomas Aquinas to sketch out how this can be achieved. The main result of this research shows that justice is a moral virtue which perfects the will and directs human acts for good. Justice is also (...) called a habit because it perfects the will and inclines the will to give each man what is his, equality. It implies equality because it relates to others and indicates a significant relationship with others. Justice is principally in rulers because of their primary authority and competency, while it is secondary and administrative in the people. Power exists among the people through the law to bring the common good, whereas the people are indirectly present in the state community through obedience to the law. However, the law can be unjust because power prioritizes the interests of capital owners over those of the vulnerable. This practice is common because power benefits from their existence. Furthermore, when power moves away from the common good in favor of itself, the classical notion of justice suggests depriving those in power of their rights of appointment and leaving the offices of state to the best. Therefore, the people have to strive diligently to provide good leaders and keep them from falling under tyranny. (shrink)

The author reviews the planned withdrawal of healthcare from the primary public hospital, Grady Memorial Hospital, of Atlanta, Georgia. Prior to passage of the Affordable Care Act of 2010, at least half of the patients had no public or private health insurance and their care was financially supported by State and County funding as well as supplementation from Emory University. New administration in the elected positions of the State and County and at the University reached agreement to decrease care. The (...) University President stated that the Hippocratic Oath was no longer valid for salaried physicians who must follow the direction of their business manager. The author, a tenured Professor, was forcibly transferred to the Veterans Hospital, which also was withholding standard medical care, including life-saving medications. Organizing multiple concerned organizations including members of the King Center, the Carter Center, the Open Door Community Center, Gay Rights, etc., (Grady Coalition) multiple public protests were successful in raising the necessary funds to continue adequate care at Grady and begin an investigation of the Veterans Affairs Hospital. (shrink)

In this paper it is analyzed from the informational perspective the relation between mind and body, an ancient philosophic issue defined as a problem, which still did not receive up to date an adequate solution. By introducing/using the concept of information, it is shown that this concept includes two facets, one of them referring to the common communications and another one referring to a hidden/structuring matter-related information, effectively acting in the human body and in the living systems, which determines the (...) dynamic inter-change of information between specific structures of the organism by electric/electronic/chemical agents and genetic/epigenetic processes. It is shown that the maintenance of body, permanently and obligatory depending on the external matter (foods, air, water) resources, needed to provide both the structuring/restructuring basic material and energy, determines the necessary existence of an info-managing system, administrating the internal mechano-chemical/physical processes. As a natural consequence, such a system should organize and assure own survival by an effective informational operability to detect the external food resources, to select the appropriate interest information and to decide as a function of circumstances. One important component in such an informational system is memory, allowing to dispose of the reference informational data for analysis/comparison and the selection between good and bad binary possible decisions. The memory receives and stores therefore signals from external reality and from the body itself, referring to the emotional reaction, digestion status, creation, and inherited predilections, within specific info-neural communication circuits between the brain and body execution/sensitive organs, the human body appearing as an integrated info-matter self-managed dynamic system. The specific body components memorize information with different degrees of info-integration: short/long-term integration, emotive/action reaction, info-abilities, culminating with the integration in the chromosomal structures by epigenetic processes. The new acquired information is transgenerationally transmissible, and is manifested as new traits, showing the adaptation capability of the human and close relation between mind and body. Analyzing the results of such a mind-body informational model in comparison with the earlier assumed/proposed/asserted archaic, Greek and Occidental philosophies, which represent only partial aspects of this relation, it is shown that this informational model, elaborated in terms of information on the basis of scientific reasons and arguments, constitutes a general, realist, and coherent model of the mind-body relation, able to integrate and/or explain most of the others. (shrink)

The Second World War and its associated political events of a national and global scale brought new circumstances, which was considerably influenced the development processes of Tehran. During World War II, Iran hoped that Washington would keep Britain and the Soviet Union from seizing control of the country’s oil fields. In 1951 and 1952 Truman worked with Iranian Prime Minister, though unsuccessfully, to regain some of those lost oil rights for Iran. By the late 1950s and President Kennedy’s presidency, he (...) used aid as leverage for social reform. During the early years of 1960s, the Kennedy Administration was urging its allies in the third world to carry out necessary reforms in order to prevent popular discontent and enhance the dominant ideology of ‘modernism’. In 1968, a major piece of legislation, the Urban Development and Renewal Act, enabled the municipality to implement Tehran’s Comprehensive Plan (TCP 1968), which integrated all the elements of a 1960s’ American city such as the separation of functions, highways, suburbs, shopping centers and housing area. The export of these American cities principles can only be understood from the background of the Cold War period, in which the east and west were both competing for cultural colonization of Middle Eastern strategically important cities like Tehran. During this period, the new developments supported by the oil boom of 1970s, were built in different forms to constitute an expanding metropolis. In 1974, the second “International Congress of Architecture” with the theme of “Toward a Quality of Life” held at Persepolis and brought together all leading world architects and planners to review Iran’s progress in its professional response to the challenges posed by increasing oil revenues. This research aims to represent the export of planning as a political means of cultural colonization of the Third World during the cold war period. (shrink)

The phenomenon of corruption is a cancer that affects our country and that it is necessary to eradicate; This dilutes the opportunities for economic and social development, privileging the single conjunction of particular interests, political actors in non-legal agreements for their own benefit, which lead to acts of corruption. Recent studies indicate that the level of corruption present in a political system is directly related to the type of institutional structure that defines it (Boehm and Lambsdorff, 2009), as well as (...) the ineffectiveness of the control organisms (Casar, 2015; Cárdenas, 2010, Rojas, 2010, Carbonell, 2009, Restrepo, 2004), which requires citizen action to combat corruption (Sandoval, 2010, Villanueva, 2006). This work, focuses our attention on the federal public administration, presenting as a proposal to empower the citizen action in the fight against corruption and in the National Anticorruption System; the figure of Whistleblowers or generator of citizen alert, based on two fundamental principles: i) recognizing the citizen's obligation to report acts of corruption and ii) the granting by the authority of witness protection. These two actions will result in two important results: i) Consolidate the citizen's complaint to inform society about acts of corruption and ii) and the exercise of freedom of information so that society is able to be informed about acts of corruption. These actions will allow promoting and consolidating a culture of reporting acts of corruption that may constitute a crime as a fundamental pillar in the National Anticorruption System in Mexico. (shrink)

We are in a state of impending crisis. And the fault lies in part with academia. For two centuries or so, academia has been devoted to the pursuit of knowledge and technological know-how. This has enormously increased our power to act which has, in turn, brought us both all the great benefits of the modern world and the crises we now face. Modern science and technology have made possible modern industry and agriculture, the explosive growth of the world’s population, global (...) warming, modern armaments and the lethal character of modern warfare, destruction of natural habitats and rapid extinction of species, immense inequalities of wealth and power across the globe, pollution of earth, sea and air, even the aids epidemic (aids being spread by modern travel). All these global problems have arisen because some of us have acquired unprecedented powers to act without acquiring the capacity to act wisely. We urgently need to bring about a revolution in universities so that the basic intellectual aim becomes, not knowledge merely, but rather wisdom – wisdom being the capacity to realize what is of value in life, for oneself and others, thus including knowledge and technological know-how, but much else besides. This is an argument I have propounded during the last three decades in six books, over thirty papers, and countless lectures delivered in universities and conferences all over the UK, Europe and north America. Despite all this effort, the argument has, by and large, been ignored. What is really surprising is that philosophers have paid no attention, despite the fact that that this body of work claims to solve the profoundly important philosophical problem: What kind of inquiry best helps us make progress towards as good a world as possible? There are, nevertheless, indications that some scientists and university administrators are beginning to become aware of the urgent need for science, and universities, to change. This is prompted, partly by growing awareness of the seriousness of environmental problems, especially global warming, and partly by a concern to improve the relationship between science and the public. So far, however, these changes have been small-scale, scattered and piecemeal. What we require is for academics and non-academics alike to wake up to the urgent need for change so that we may come to possess what we so strikingly and disastrously lack at present: a kind of inquiry rationally devoted to helping humanity make progress towards as good a world as possible. (shrink)

William Smith’s recent article criticises the so-called orthodox approaches to the normative analysis of healthcare resource allocation, associated to the requirement that decision-makers should abide by strictly procedural principles of legitimacy defining a deliberative democratic process. Much of the appeal of Smith’s argument goes down to his awareness of real-world processes and, in particular, to the large gap he identifies between well-led democratic deliberation and the messiness of the process through which the intuitively legitimate Affordable Care Act was created. This (...) reply aims to demonstrate that the ACA provides no counterexample to orthodox views, seizing this opportunity to explore the specific space that the procedural principles populating orthodox accounts are meant to regulate. Neither general questions of healthcare justice concerning, for example, universal access nor, relatedly, the activity of elected politicians falls within the natural scope of application of such principles, revealing a much more complex picture of the interactions between justice and legitimacy as well as substantive and procedural considerations than acknowledged by Smith. In the end, orthodox accounts of healthcare resource allocation turn out to provide a precious fund of theoretical resources for the normative study of administrators, which might be useful well beyond bioethics and health policy. (shrink)

One of the challenges in secondary schools today is infringements on students’ rights, in a tortious way that may also constitute breach of the Child’s Right Act of 2003 in Nigeria. These breach on rights usually come through the administration of corporal punishments on students, and mainly because the school heads see themselves as loco parentis of the students who can, therefore, enforce any form of punishment on them in the school. This study investigated knowledge, attitude, and infringement of tort (...) law among public secondary school heads on students in Osun State. All the students in Osun State public secondary schools and 723 heads constituted the population. A sample of 54 school heads and 180 students were selected using multi-stage sampling procedure. Two instruments were designed to elicit responses from the respondents. Descriptive and inferential statistics were used to answer the research questions raised for the study. The results showed that school heads do not have adequate knowledge of tort law and that both the school heads and students have poor attitude toward it tort law. The study recommends that short term training on student’s right, how they can be legally protected and tort law be organised for school heads. (shrink)

An area agency on aging (AAA) is a public or private nonprofit organization designated by the state to address the needs and concerns of all older persons at the regional and local levels in the United States (Administration for Community Living (ACL) 2019). AAAs have a successful history of developing, coordinating, and implementing comprehensive networks of services and programs that enrich communities and the lives of older adults. AAAs were established through a provision of the Older Americans Act (OAA 1965), (...) which was signed into law by President Lyndon B. Johnson. Specifically, AAAs were created with the 1973 reauthorization of the OAA. AAAs create the infrastructure to execute comprehensive long-term support services that ensure the independence of older adults. (shrink)

In his Bibliographia politica Naudé reviews in about one hundred pages authors and works that have dealt with politics, from the Antiquity to the first decades of the Seventeenth Century. In few enlightened pages on the ordinary and extraordinary administration of the State, Naudé elaborates his own idea of Reason of State, including the use of an extraordinary administration in the name of the public benefit. We can find a continuity between his Bibliographia politica and his Considérations politiques sur les (...) coups d’Estat. In both his political works Naudé gives to the category of wisdom, derived from Aristotle, a new practical and political value, which goes back to authors such as Machiavelli or Cardano, Lipsius or Charron. Naudé’s political wisdom uses dissimulation and any form of justice, also against common law, to act in extraordinary administration of the State or to carry out “coups d’État.”. (shrink)

Geoengineering; specifically Solar Radiation Management ; has been proposed to effect rapid influence over the Earth’s climate system in order to counteract Anthropogenic Global Warming. This poses near-term to long-term governance challenges; some of which are within the planning horizon of current political administrations. Previous discussions of governance of SRM have focused primarily on two scenarios: an isolated “Greenfinger” individual; or state; acting independently ; versus more consensual; internationalist approaches. I argue that these models represent a very limited sub-set of (...) plausible deployment scenarios. To generate a range of alternative models; I offer a short; relatively unstructured discussion of a range of different types of warfare – each with an analogous SRM deployment regime. (shrink)

Academic misconduct is a prominent issue at postsecondary institutions. This issue includes the act of plagiarism, which has received considerable attention on campuses. There is a growing body of research examining why students engage in plagiarism, and what they know about plagiarism, but little of this research is guided by a theoretical framework. Although all students may be tempted to plagiarize, students in teacher education programs represent a unique population because they are concerned with developing their own academic performance alongside (...) the skills necessary to manage situations of academic misconduct as future teachers. Therefore, our first aim was to examine preservice teachers’ beliefs about plagiarism. Then, following the principles of Attribution Theory, our second aim was to investigate how beliefs of controllability related to acts of plagiarism impacted participants views on responsibility, emotions, help giving, and reporting. We used a within-person repeated measures design with three levels of controllability manipulated through hypothetical scenarios of plagiarism to collect data from 201 preservice teachers. Overall, preservice teachers had strong beliefs about plagiarism. Moreover, when scenarios included students who engaged in plagiarism that was controllable, participants were more likely to view the student as responsible, feel anger towards them, support punishment, and recommend reporting the student, than when the act of plagiarism was not seen as controllable. We provide recommendations for instructors and administrators for supporting students and highlight limitations and directions for future research. (shrink)

Though there is no international government, there are many international regimes that enact binding regulations on particular matters. They include the Basel II regime in banking, IFRS in accountancy, the FIRST computer incident response system, the WHO’s system for containing global epidemics and many others. They form in effect a very powerful international public sector based on technical expertise. Unlike the public services of nation states, they are almost free of accountability to any democratically elected body or to any legal (...) system. Although by and large they have acted for good, the dangers of long-term unaccountability are illustrated by the travesties of justice perpetrated by the International Labour Organisation Administrative Tribunal. (shrink)

As a classical liberal, or libertarian, I am concerned to advance liberty and minimize coercion. Indeed on this view liberty just is the absence of coercion or costs imposed on others. In order to better understand the notion of coercion I discuss Robert Nozick's classic essay on the subject as well as more recent contributions. I then address the question of whether law is coercive, and respond to Edmundson and others who think that it isn't. Assuming that the law is (...) in fact coercive, there is still a question,as with all coercive acts, as to whether that coercion is justified. Edmundson thinks that this places a special burden on the state of justifying its existence, whereas it simply places the same burden on the state as anyone else. What I reject is the longstanding doctrine of Staatsrason, namely that the state is not subject to the same moral rules as its subjects. With respect to the relation of morality to law, Edmundson thought that another of the fallacies of which philosophical anarchists were guilty was that of assuming that there was a sphere of morality where law had no business. On the contrary, our concern is with spheres of law which appear to have little to do with morality, which is to say laws against wrongs of the malum prohibitum variety, as opposed to wrongs which are malum in se. I then turn to a matter with which Edmundson begins his study, namely how it is that states acquire the authority to do what they do, namely coerce their subjects. While the fact that the philosopher's stone of political obligation has proved rather elusive may mean that a legitimate state lacks the authority to demand obedience pure and simple, Edmundson contends that it can at the very least demand that we do not interfere in the administration of justice. I argue that this attempt to sidestep the justification of the authority of the state fails and that we seem in the end to be having to take the state's word for it that we must do X on pain of penalty P. Nor, as I go on to argue, is it any help to appeal to democracy to remedy a failed justification of the authority of the state. There either is a moral justification of state coercion in order to prevent harm to innocent subjects, or there isn't, and this holds,if it does, not only at the level of individuals, but also at the level of the state, regardless of its constitutional form. After concluding that the attempts of Edmundson and others to refute the anarchic turn in recent political philosophy have failed, it would seem that the withering away of the state foreseen in Marx's eschatology is not as improbable as maybe it once appeared. (shrink)

Nanotechnology, as with many technologies before it, places a strain on existing legislation and poses a challenge to all administrative agencies tasked with regulating technology-based products. It is easy to see how statutory schemes become outdated, as our ability to understand and affect the world progresses. In this article, we address the regulatory problems that nanotechnology posses for the Food and Drug Administration’s (FDA) classification structure for ‘‘drugs’’ and ‘‘devices.’’ The last major modification to these terms was in 1976, (...) with the enactment of the Medical Device Amendments. There are serious practical differences for a classification as a drug or device in terms of time to market and research. Drugs are classified, primarily, as acting by ‘‘chemical action.’’ We lay out some legal, philosophic, and scientific tools that serve to provide a useful, as well as legally and scientifically faithful, distinction between drugs and devices for the purpose of regulatory classification. These issues we raise are worth the consideration of anyone who is interested in the regulation of nano-products or other novel technologies. (shrink)

Introduction: Liposomal bupivacaine (LB) is a long-acting analgesic that, due to its liposomal formulation, purportedly extends its analgesic effect up to 72 hours. However, the clinical efficacy of LB appears mixed. This systematic review seeks to evaluate the effectiveness of liposomal bupivacaine in improving postoperative outcomes compared to ropivacaine (ROPI), another commonly used long-acting analgesic. -/- Materials and Methods: Prospective and randomized controlled trials (RCTs) evaluating the efficacy of LB compared to ROPI were selected for review. Primary outcomes included hospital (...) length of stay (LOS) and postoperative opioid consumption measured in oral morphine equivalents (OME). Secondary outcomes included analgesic cost. -/- Results: 14 studies met the review criteria. We found that LB and ROPI are equivalent in managing postoperative pain. 8 of the 14 trials reported equal efficacy between LB and ROPI as determined by OME post-procedure and 10 of the 14 trials reported similar LOS after surgery. These findings remained consistent across multiple surgical procedures and multiple drug administrative modalities. -/- Conclusion: Our systematic review found that LB was not superior to ROPI in reducing postoperative OME use and hospital LOS. The only consistent finding was the significantly increased cost of LB compared to that of ROPI. Therefore, the use of LB over ROPI cannot be justified. (shrink)

This is an attempt to investigate the causal relationship existing between the psychedelic literary genre in fiction and the application of trauma theory in the study of One Flew over the Cuckoo's Nest. Trauma theory, which is a psychological theory in essence; has been widely linked to the study of literature since traumatic responses take narrative forms. Scientifically, many studies have proven that the psychedelic trip leads to a deepened exploration of the unconscious tracing latent emotional traumas. Henceforth, I am (...) going to explore this novel as a psychedelic example of science fiction through a generic analysis due to the numerous parallels I have noticed with the effects of drug administration on real life patients. I will base my claim on a medical theory known as Psychedelic Information Theory which investigates psychedelic hallucinations, expanded consciousness and their impact on the metaphysical aspects of self-exploration. Consequently, I shall presuppose that psychedelics act metaphorically on the text of One Flew over the Cuckoo's Nest inducing character-based hallucinatory narratives. Hallucinations are caused by an eruption of a psychedelic consciousness that is the antithesis of the normal state of a mind. Hallucinations range from happy enjoyable experiences laden with kaleidoscopic colourful streams of visions to painful manifestations of latent trauma. I endeavour to analyze this novel as a traumatic example of psychedelic fiction through establishing a cause-result relationship between information theory and trauma theory as a fluid encounter between literature and science within science fiction framework. Finally, I attempt to link the cultural integration of psychedelics to the shift of the traumatic experience from cultural to structural. This paper explores primarily the manifestations of Chief Bromden’s historic trauma. It traces secondarily the psychedelic characteristics of the novel. Lastly, it studies the effects of Bromden’s psychedelic journey on his traumatic recovery. (shrink)

This paper concerns two topics which, I hope to show, are vitally connected. One is the distinctive importance of appellate adjudication in the legal system of United States. The other is the workings of entangled concepts in the law. That appellate adjudication is important in some sense may seem obvious to everybody (to a few it will seem obvious that appellate adjudication is unimportant). My point will be that via appellate adjudication courts engineer entangled legal concepts, and it is this (...) aspect of appellate adjudication that is both crucial and unique to it, at least in the U.S. legal system. Entangled concepts intertwine description and evaluation; entangled legal concepts facilitate and constrain legal reasoning and legal judgments, in ways that distinguish legal adjudication from pure politics or the implementation of public policy. In the paper itself, I demonstrate more fully what it is for a legal concept to be an entangled one and how entanglement supplies guidance in adjudication. I also broach how entanglement in legal concepts and engineered entanglement have significance for legal pedagogy; appellate adjudication; the respective roles of the judiciary, the legislature, and administrative agencies; the erosion of the distinction between so-called public law and so-called private law; and our understanding of the fact/value distinction. -/- Understanding more specifically the nature of the entanglement at work in appellate adjudication requires much closer scrutiny of appellate opinions than we usually give. I examine carefully the background to MacPherson v. Buick and Justice Benjamin Cardozo’s particular re-engineering of ‘negligence’ and ‘duty,’ entangled concepts belonging to the same legal taxonomy. Via this scrutiny, I demonstrate the flaws in the engineering of some concepts in the buildup to MacPherson, and how these flaws led to those concepts’ collapse and ultimately to Cardozo’s re-engineering of ‘negligence’ and ‘duty.’ I also explain why careful understanding of the engineering of entangled legal concepts can make us appreciate that even the most successful of such concepts have within in them the grounds for their own obsolescence. -/- To show that conceptual engineering of entangled concepts occurs outside the context of state common law, I also examine how the U.S. Supreme Court has engineered ‘commerce’, itself an entangled concept. The recent decision regarding the individual mandate in the Affordable Care Act makes this example particularly timely. This secondary example also clarifies the nature of entanglement and engineering it. -/- This article concerns appellate adjudication in any area of law. I maintain that whether we are dealing with private law or public law, common law or statutory law or Constitutional law, the defining feature of appellate adjudication is its continuous engineering and reengineering of entangled legal concepts. The merger of fact and value in these concepts explains both the fertility of appellate adjudication and the constraints judges work with when they work with legal concepts that entangle fact and value. (shrink)

The modern form of government resort their legitimacy to democracy and Republican concept. In any viable way, the political power no longer entertains the dynasty or any divinity from the religion. Then who are responsible to make us fateful if we are any kind of citizen in a polity. Often it is true that the government has to be an amalgam of power elites, and divided for a limited government. The modern democratic constitutionalism considered this aspect any most in primacy (...) to defend or promote their privileges or vision. This root context of civil interaction around 17th and 18th centuries has underlain the modern form of democratic state. Within the concern of these two points, the paper has explored the main feature of limited government in the liberal constitutionalism, which deals with the separation of powers principle, distribution of governmental powers and some of controversies involving the social legislation and role of public officers. I hope that it could be a lesson for the public officer of both camps, one as realistically and the other in the context of analogical insights. Hopefully, I may expect that the following research may be bred in socialist tension of states about how the public officers are structured to act and could liberate themselves to progress. (shrink)

This article is an effort to understand how healing of body was used by the Christian missionaries as an important tool for evangelisation with special reference to the Welsh Christian missionaries in North Cachar Hills from 1905 to 1961. The Welsh missionaries opened their mission in this Hill on 1905 with multiple endeavours such as opening schools, churches and dispensaries. North Cachar Hills was a sub division of Cachar district during the colonial period and was inhabited mainly by different indigenous (...) peoples such as the Dimasas, Zeme Nagas, Angami Nagas, old and new Kukis, Khasis, Karbis, etc. The missionaries regarded the local people as ‘heathen’ which means physically and morally ill and their traditional practices of appeasing the evil spirits for their ailments as a primitive act. Moreover the missionaries were not free from euro centrism and regarded their ideas and practices as superior than the traditional beliefs and practices of the natives. It is the intention of the article to highlight the strategy of the colonial administrator as well as the missionaries in operating humanitarian works such as ‘healing the heathens’. This article will also highlight the traditional treatment of illness and the medical measures taken by the colonial government and the responses of the local people on such measures. (shrink)

We subsist under the law where we claim our rights and are obliged to do something enforced. What is a law? The question would be perplexing in history, and one of crucial themes with many lawyers or legal philosophers. As we know, two most important perspectives had earned a universal and historical forge in academics, to say, the natural law and legal positivism. The concept of natural law deals in its primacy for the humanity and natural order which often can (...) be traded as something inviolable or inalienable. The concept has strands in several aspects; (i) its anchor with the civil democratic revolution around 17 and 18 centuries (ii) its supremacy with the new constitutional states (iii) less quality as a realist law from ambiguities and lack of clear definition. The concept of public policy may be related with the social justice, ethics and administration. It generally pursues a justice and desired state of public or community where the tension and conflict always exist between the ruling class and citizens. Historically, the public policy could be mightier to address the society than law where the benevolent Kings or Sovereigns liked to address both their needs and social justice. They may abrogate, more in endowment and divinity, the laws or social customs. The tension between the public power and private interests could be one reason as well as offers a good dualism in understanding the rule of law concept and advent of modern democracy. In this dimension, the King would no longer be divine nor entitled to exercise a plenary power of state rule. Instead, the popular sovereignty in the US democracy or parliamentary type in the UK were to be established to resolve a feudal conflict within the class and society. Lighted to be in vein of influence could arise the two contexts which are a contractarian view and plutocracy desire of the founding fathers. They underlay the mood and philosophical ethos of US revolution. Hence, three concepts as a pillar in private law were sanctified in the very foundation of US constitutional state, sanctity of property right, freedom of contract and due limits for the civil liability. The governmental power should be limited to protect the life and limb of citizens which addressed the Hobbes’ evil, “war against all the rest.” The due process concept was expressed as a fundamental principle of constitution where the human rights are inviolable and inalienable. The separation of powers principle could serve the freedom and wealth of new civil class in the continent, and bicameralism was devised for the check and balance within the federal congress. They see the role of judicial branch is important to preserve their civil interest. Then we can derive some assumptions between the law and public policy. First, a law plays to protect the private interest while the public policy pursues the social justice and mediates the competing interests, “private v. private” and “public v. private.” The civil courts may address a first nature of conflict and the law of takings or regulatory laws may deal with the second aspect. Second, the public or administrative law can shape a legal plane of bureaucracies or public administration, and may guarantee the rule of law ideals. It plays as an enabling authority and, on the other, monitors an arbitrariness and unfairness in the bureaucratic government. In this context, the unresponsive and unfathomable bureaucracy in the Kafka’s could be remedied. Third, for the welfare state in the late 19th and 20th century, a law can well be seen as one of authoritative expression of public policy to redress the evils of capitalist states. Some public laws, such as the Sherman Act classically and Lanham Act recently, may act to regulate the monopoly or oligopoly while other laws were enacted to restore justice between the labor and employers. Through the chapters, the fundamentals of law and public policy will be considered to address their proper status. (shrink)

On September 7, 2008 the executive administration of American President George W. Bush announced that his government would take over the giant mortgage finance companies Fannie Mae and Freddie Mac, costing the citizens $200 billion. One week later, the 160 year-old American investment bank Lehman Brothers filed for the largest bankruptcy in U.S. history. What would soon be known worldwide as “the financial crisis” had begun. In response to that crisis, less than a month later, on October 3, 2008, the (...) United States Congress passed the Emergency Economic Stabilization Act of 2008, which established the Troubled Asset Relief Program and authorized the use of $700 billion in taxpayer funds to bail out the banking and finance industry. As a result, the U.S. Treasury reports that the total bailout gave Bank of America $45 billion, Citigroup Bank $45 billion, AIG Bank $40 billion, J. P Morgan $25 billion, Wells Fargo $25 billion, General Motors $10.4 billion, Goldman Sachs $10 billion, Morgan Stanley $10 billion, GMAC $5 billion, and Chrysler corporation, a mere $4 billion. This response to a perceived crisis was not limited to the United States. On October 12, 2008—in one day alone—the United Kingdom coughed up the equivalent of €679 billion in bank relief. And in Germany, Der Spiegel reported on December 23, 2008 “The German government whipped its €480 billion bank bailout package through parliament in record time.". (shrink)

The management of Higher Education Systems has continued to suffer from plethora of concerns and issues, cardinal amongst them, is the application of conventional administrative strategies and leadership patterns, sometimes without appropriate modifications so much so, that the management effectiveness of higher education systems is gradually being eroded. This is evident in the increasing distasteful gamut of multidimensional outcomes arising from the used of dogmatic and stereotype variants of managerial principles or nothing at all, in the circumstance. Given this (...) premise, there is an urgent desire to rejig and re-engineer learning experiences that will culminate into dynamic, goal oriented and robust management packages for higher education systems with results for global acclamations, thereby, chatting new directions to fill this existing gap in the management of higher education systems in Nigeria. With humility, I introduce to you this book titled: Management of Higher Education Systems, a collection of well-researched essays. The essays in this book promises to deliver on the deliverables of its raison d’tre of job specifications and management dynamics of higher education landscape, reflecting on the global realities. This is because scholarly evidences abound, to proof that looking into the National Universities Commission’s Bench Mark Minimum Academic Standard (BMAS) of the curriculum for Educational Management as a discipline, it is obvious, that the BMAS has fallen short of global expectations and appears to be revolving within neo-colonial conventional administrative theorizing, with little or no emphasis on the practical demonstration of acquired skills, competences and capabilities for trained educational administrators, to deal with peculiarities of the moment, especially in the developing world. This felt need pushes for a paradigm shift in our curricula endeavours. It is even worse off, when experiences have continued to show, that there are deficiencies noticeable in the understanding of job requirements of educational managers of higher education systems in Nigeria. -/- It is this gap therefore, that the current effort is geared towards building this literature which seeks to address this lacuna by re-chiseling and retooling educational management practices through equipping this sophisticated discipline with up-to-date information and knowledge that will enhance the full optimaization of the job specifications, of higher educational managers, to bring into a perfect nexus of the man, job and social milieu. It is also in public domain, that managers of higher educational systems with such limitations are very often left with no option than to resort to on -the- job training by bureaucrats, who are in themselves their acolytes ab-initio and who sometimes take over leadership of the organization, owing to the existing gaps that manifest in the knowledge of educational managers, thereby reducing substantive higher education executive head to a titular head or at best ceremonial heads. -/- This book brings together articles and chapters to be published in these directions by researchers, policy makers and practitioners to re-inform, reeducate and reorient higher educational managers on their job expectations. The volume also offers a rich and relevant literature of the dynamic state of higher education in global perspective. While this publication will be freely available online, the essays in this volume are carefully selected and they will provide a basis for thematic and analytical perspectives on the concerns of management of contemporary higher education systems. -/- The book is divided into twelve thematic sections with each addressing the demands of its Kernel, as it is reflected in Historical development of higher education systems and its organs, Gloabilization of higher education, Internationalization and the labour market, Funding of higher education systems, Proliferations of higher education systems, Corruption in higher education systems and the deterioration of its estate, Internationalization and massification, Politics and leadership in higher educational systems, Academic freedom and access to higher education, Academic planning and affiliation relationship of higher education systems, Conflict management in higher education systems, Research and training in higher education systems and Inclusivity in higher education. -/- Another striking feature of this book is in its efforts at globalizing the curriculum of management of higher education and providing opportunity for scholars with different shades of opinion even on same issues but from different perspectives with the hope that it will guarantee overall effectiveness in the management of higher education systems. I recommemd this book to all with passion for the management of diferentiated higher education systems, and invite you to this intellectual feast prepared so deliciously like a meal for the gods. -/- Finally, let me reflect on what may appears to be an aberration in this context, by appreciating all authors who had found time to respond to this academic calling by their various chapter contributions. This singular act is in itself enough justification as show of interest and further demonstration of your continuous determination to address gaps in Nigerian educational landscape. Similarly, my gratitude is equally extended to all members of my editorial team for their thoughtfulness and very constructive criticisms which have shaped these scholarly presentations thereof. May the Almighty God continue to enrich the contents of your cerebrum most intellectually, for the benefit of man but to His glory. -/- The PDF contains just the preliminary pages of the book. You can order the full copy of the book by contacting the editor-in-chief, Professor John A. Undie, FNAEAP, KSM. (shrink)

The growth in neoliberal or market-driven higher education has challenged traditional approaches to evaluating faculty members. The involvement of multiple stakeholders (i.e., accreditation bodies, quality assurance officers, administrators, teaching faculty, and students) has led to different and sometimes conflicting needs in faculty evaluation. While extant literature generally suggests that faculty evaluation in contemporary higher education is strongly associated with accountability purposes, little is known about how key agents at the institutional level use evaluation for learning and improvement. Thus, this study (...) attempts to identify the approaches to faculty evaluation that promote learning and improvement in higher education. This study is a qualitative case study of Vietnamese higher education student evaluation of teaching (SET) and voting evaluation practices. It adopts the problem-based methodology (Robinson, 1993; Robinson & Lai, 2006) to investigate the theories of action of some key stakeholders of these faculty evaluation practices in Vietnam. The theories of action comprise the stakeholders’ approaches to faculty evaluation, together with the constraints (that rule in or rule out specific approaches) and the consequences of the approaches. Participants included four quality assurance officers, 18 administrators, and 20 faculty members from seven public higher education institutions in Vietnam. The theories of action about faculty evaluation were constructed based on interviews and key evaluation documents. Overall, the participants took three main approaches to faculty evaluation: (i) complying with the expected evaluation procedures and roles, (ii) taking a harmony-oriented and unilateral approach to problem solving, and (iii) disengaging from evaluation for learning and improvement. The participants generally fulfilled the evaluation policy requirements, but their approaches had a limited impact on learning and improvement at the institutional level. The constraint analysis suggests that the participants’ approaches were not completely passive but were mainly oriented to managerial accountability demands (Røiseland et al., 2015). The participants’ collectivist Confucian harmony-oriented norms hindered their approaches to problem solving and using evaluation for learning and improvement. However, there were a few participants who acted on their own values rather than being confined by political and cultural constraints. In spite of its scarcity, these participants’ self-reliant approach suggests a potential influence of Buddhist principles of self-transformation, contextuality and reflexivity on improving practices (Chu & Vu, 2021; Thich Nhat Hanh, 1987). The study has two key implications. First, it suggests the improvement of faculty evaluation policymaking and implementation by revising several existing constraints and by adding some cultural and individual constraints to the current theories of action. The faculty evaluation problems could be solved by improving the quality of evaluation processes and data, reconceptualising SET and voting evaluation, and treating faculty members’ underperformance as a collective problem. Second, the study suggests a framework to predict the likely success of future intervention on faculty evaluation. For instance, faculty evaluation for learning and improvement will be more feasible if policymakers and implementers prioritise transformational purposes and make joint efforts to foster dialogues and collaboration among individuals and groups. My study also highlights the need to understand faculty evaluation, and possibly other higher education practices in Vietnam, in religious contexts and from individual participants’ spiritual values or philosophical backgrounds. The study implications are applicable to Vietnamese higher education and potentially to other educational settings with similar characteristics. (shrink)

Researchers often lack the necessary data to credibly estimate racial discrimination in policing. In particular, police administrative records lack information on civilians police observe but do not investigate. In this article, we show that if police racially discriminate when choosing whom to investigate, analyses using administrative records to estimate racial discrimination in police behavior are statistically biased, and many quantities of interest are unidentified—even among investigated individuals—absent strong and untestable assumptions. Using principal stratification in a causal mediation framework, (...) we derive the exact form of the statistical bias that results from traditional estimation. We develop a bias-correction procedure and nonparametric sharp bounds for race effects, replicate published findings, and show the traditional estimator can severely underestimate levels of racially biased policing or mask discrimination entirely. We conclude by outlining a general and feasible design for future studies that is robust to this inferential snare. (shrink)

The concepts of right action and virtuous motivation are clearly connected, in that we expect people with virtuous motives to at least often act rightly. Two well-known views explain this connection by defining one of the concepts in terms of the other. Instrumentalists about virtue identify virtuous motives as those that lead to right acts; virtue-ethicists identify right acts as those that are or would be done from virtuous motives. This paper outlines a rival explanation, based on the “higher-level” account (...) of virtue defended in the author’s Virtue, Vice, and Value and by earlier philosophers such as Rashdall, Moore, and Ross. On this account rightness and virtue go together because each is defined by a (different) relation to some other, more basic moral concept. Their frequent coincidence is therefore like a correlation between A and B based not on either’s causing the other but on their being joint effects of a single common cause C. (shrink)

The study aimed to identify the role of administrative procedures and systems in enhancing the performance of the educational institutions in the Islamic University in Gaza. To achieve the research objectives, the researchers used the analytical descriptive approach to collect information. The researchers used the questionnaire distributed to three categories of employees at the Islamic University (senior management, faculty members, their assistants and members of the administrative board). A random sample of 314 employees was selected and 276 questionnaires (...) were retrieved with a recovery rate of 88.1%. The Statistical Analysis Program (SPSS) was used to enter process and analyze data. The results of the research showed a positive role for the administrative procedures and systems in enhancing the performance of the Islamic University from the point of view of the members (senior management, teaching staff and their assistants and the administrative body), where the relative weight of all the paragraphs (73.728%). The analysis of the results revealed that the administrative procedures at the Islamic University in Gaza are used to an acceptable degree. The relative weight of all the paragraphs is 70%. This indicates a relationship between administrative procedures and regulations and the performance of the Islamic University in the Gaza Strip. The study found that there was a good degree of approval from the sample regarding the administrative procedures and their relationship to the job performance. There exist a sufficient degree of powers to the deans and department managers to carry out their tasks, with the use of plans as control tools. And that there are rules and procedures provided for decision-making in the University Council. It also has full powers to manage the university to improve the teaching and learning environment. The researchers also recommended a number of recommendations, including the need to follow up on the procedures and systems of management and update them continuously in the light of changes that may occur and to ensure the existence of a strong system of electronic information systems within the university. There is a need to provide mechanisms for obtaining information about the surrounding external environment, and effective mechanisms to provide managers with the necessary information in a timely manner. The importance of providing channels of communication that enables staff to communicate information about any violations and breaches. The study also recommended the follow-up, review, procedures and administrative systems, and work to modify them in line with the mission of the university and the objectives that the university seeks to reach. (shrink)

The paper presents an analysis of the current state of administrative modular buildings and co-working spaces in some European countries and Latin America. The study provides an overview of the concept of modular buildings and co-working spaces, including their history and evolution and their energy efficiency. They also examine the benefits and drawbacks of these types of buildings, as well as the factors that contribute to their success. The authors analyze several case studies of administrative modular buildings and (...) co-working spaces in different European countries and Latin America, such as the UK, Germany, Slovakia, and Ukraine ending with Brazil. The paper takes into consideration the design and construction of these buildings, as well as the services and amenities they offer. The paper also considers the impact of administrative modular buildings and co-working spaces on the environment, as well as their potential for promoting sustainable development. The authors discuss the challenges and opportunities associated with the development of administrative modular buildings and co-working spaces and provide recommendations for future research in this area. Energy-efficient modular buildings and co-working spaces have the potential to support organizations in achieving their sustainability goals while also providing a range of benefits for employees and stakeholders. (shrink)

The study investigated administrators’ conflict management strategies utilization and job effectiveness of secondary school teachers in Obubra Local Government Area, Cross River State, Nigeria. Two research questions and null hypotheses were developed to guide the study. The study adopted factorial research design. Census technique was used in selecting the entire population of 464 secondary school teachers in the area. Conflict Management Strategies Utilization Questionnaire (CMSUQ) and Secondary School Teachers’ Job Effectiveness Questionnaire (SSTJEQ) were used respectively, as instruments for data collection. (...) The hypotheses were tested at .05 level of significance using Population t-test, and Multiple Regression analyses. Findings revealed that, teachers’ job effectiveness level in Obubra Local Government Area is significantly high. The findings also revealed among others that; the utilization of the three conflict management strategies (arbitration, dialogue, and effective communication) had a joint significant influence on secondary school teachers’ job effectiveness. Based on these findings, it was recommended among others that; secondary school principal should not rely wholly on one conflict management strategy, instead they should learn how to use various conflict management strategies and apply them based on the nature of conflict. (shrink)

The focus of this study was to investigate "principals' administrative competence and teachers work performance" in Calabar Education zone. Four null hypotheses were tested in the course of the study. Correlational research design was adopted, while purposive sampling technique was used in selecting a sample of 800 teachers. Two instruments were used for data collection including "Principals' Administrative Competence Questionnaire (PACQ)," and Teachers' Work Performance Questionnaire (TWPQ)." Pearson Product Moment Correlation Analysis (r) and multiple regression (R) analysis were (...) employed to test the hypotheses at.05 level of significance were applicable, with the aid of SPSS v21. Findings from the study revealed that; principals' supervisory, leadership and communication competences are significantly related to teachers' work performance in terms of instructional delivery, attendance to classes, notes writing, and record keeping respectively. It was also revealed that; principals' supervisory, leadership and communication competences have significant composite influence on teachers' work performance in terms of instructional delivery (p <.05; F = 26.764), attendance to classes (p <.05; F = 109.122), notes writing (p <.05; F = 228.118), and record keeping (P <.05; F = 468.793). Based on these findings, it was recommended amongst others that; such techniques as close supervision of teachers, good leadership styles, and effective communication should be jointly practiced by secondary school principals in order to improve teachers' work performance. (shrink)

What happens when someone acts? A familiar answer goes like this. There is something that the agent wants, and there is an action that he believes conducive to its attainment. His desire for the end, and his belief in the action as a means, justify taking the action, and they jointly cause an intention to take it, which in turn causes the corresponding movements of the agent's body. I think that the standard story is flawed in several respects. The flaw (...) that will concern me in this paper is that the story fails to include an agent-or, more precisely, fails to cast the agent in his proper role. (shrink)

In our book The Inessential Indexical we argue that the various theses of essential indexicality all fail. Indexicals are not essential, we conclude. One essentiality thesis we target in the third chapter is the claim that indexical attitudes are essential for action. Our strategy is to give examples of what we call impersonal action rationalizations , which explain actions without citing indexical attitudes. To defeat the claim that indexical attitudes are essential for action, it suffices that there could be even (...) one successful impersonal action rationalization. In what follows we bolster our case against an essential connection between action and the de se (or indexicality), first by developing a range of new action models and secondly by responding to challenges from Dilip Ninan, Stephan Torre, and José Luis Bermúdez . (shrink)

Learner-centered approaches have emerged as the fundamental pillar of effective pedagogy in the rapidly evolving landscape of 21st century education. This paradigm shift places the learner at the heart of the educational process, recognizing their diverse needs and aspirations. Consequently, the achievements of learners have become crucial indicators of institutional success. While extensive research has focused on student affairs and services, limited attention has been given to understanding the impact of administration on realizing the objectives of these support systems. This (...) study aims to investigate the relationship between the administration of learner-centered academic support systems and the attainment of desired outcomes in student affairs and services within higher education institutions in the Philippines. Utilizing a non-experimental correlational quantitative research design, a sample of three hundred fifty university students from various academic disciplines was randomly selected as participants. The findings demonstrate a strong positive correlation between the administration of learner-centered academic support systems and the achievement of desired outcomes in student affairs and services. As a result, the null hypothesis was rejected based on statistical analysis employing Pearson Correlation (r). These findings highlight the significant impact that learner-centered academic support system administration has on the realization of objectives in student affairs and services within the contemporary higher educational setting. To ensure sustained best practices in student development, it is imperative for the administration to foster collaboration with internal stakeholders and external partners. Recognizing that students are the focal point of instruction, their performance serves as a reflection of the institution’s commitment to providing quality education. By aligning administrative efforts with the evolving needs of students, institutions can enhance student affairs and services and create an optimal learning environment in the 21st century. (shrink)

The theory of embodiment is used in providing an account of the identity of acts and in providing solutions to various puzzles concerning acts.

*Runner-up for the 2021 Royal Institute for Philosophy Essay Prize*: What should we think about ‘acts of conscience’, viz., cases where our personal judgments and public authority come into conflict such that principled resistance to the latter seems necessary? Philosophers mainly debate two issues: the Accommodation Question, i.e., ‘When, if ever, should public authority accommodate claims of conscience?’ and the Justification Question, i.e., ‘When, if ever, are we justified in engaging in acts of conscience – and why?’. By contrast, a (...) third important topic – the Conduct Question, i.e., ‘How should we act, morally speaking, when engaging in acts of conscience?’ – has been mostly neglected. This paper aims to offer concrete guidance for persons wishing to engage in acts of conscience in morally virtuous ways. I argue that such agents are subject to two basic prima facie duties: duties to oneself related to demands of integrity and duties to others related to demands of civility. I explain both duties in detail, arguing with regard to, that in light of what I call ‘the paradox of conscience’, we need to rethink our views about both ‘conscience’ and ‘integrity’; and with regard to, that, building upon Rawls’ ‘duty of civility’, we should embrace at least seven general principles for undertaking acts of conscience in a morally conscientious manner. (shrink)

In Aspiration, Agnes Callard examines the phenomenon of aspiration, the process by which one acquires values and becomes a certain kind of person. Aspiring to become a certain type of person involves more than wanting to act in certain ways. We want to come to see the world in a certain way and to develop the dispositions, attributes, and skills that allow us to seamlessly and effectively respond to situations. The skilled athlete or musician, for example, has developed the muscle (...) memory and the perceptual equivalent to naturally see what a situation requires and to respond well, whether playing a Rachmaninoff concerto or returning a tennis volley. -/- I use Merleau-Ponty’s Phenomenology of Perception to flesh out the process of becoming, through which aspired-to values, skills, and characteristics become part of one’s embodied being-in-the-world. Although some rightly focus on Merleau-Ponty’s efforts to avoid over-intellectualizing skillful action, without appreciating his distinction between habitual actions and human (or personal) acts, we overlook an important aspect of robust human agency—the way “a human act becomes dormant and is continued absent-mindedly as a reflex” (90). Merleau-Ponty’s account of habit and its relation to personal acts offers a rich and phenomenologically sensitive picture of aspiration. (shrink)

Aim: This study determined the relationship of the assessment of the respondents on the work environment through the dimensions of physical aspects and job dimensions and how they contribute to the effectiveness of administrators as assessed by the teachers at Liming Vocational University. -/- Methodology: A descriptive method of research was used in this study. This study was conducted at Liming Vocational University in China. The respondents of the study are the 666 teachers from Liming Vocational University. -/- The researcher (...) utilized a self- constructed survey questionnaire. -/- Results: Based on the results, an over-all mean value of 3 .80 reveals that the subject organization is very effective based on the assessment of the teacher respondents. The study also reveals that there were no significant differences in the assessment of the teacher respondents on the organizational effectiveness when they are grouped according to age, educational attainment, and length of service as teachers. The results indicate that in terms of the physical aspects of work environment, demand quality, and social interaction were the most conducive aspects as observed by the teacher respondents. Furthermore, physical aspects in terms of diversity of stimulation, and changeability were found to be moderately conducive as perceived by the teachers. Visibility, on the other hand, it was also observed by the teachers to be moderately conducive, however, it was found to be the least assessed by the respondents among the five physical aspects of work environment. -/- Conclusion: While teacher respondents are mostly young, they have at least earned master’ s degree or have earned units in their Doctoral degree program, and have been in the service as teachers for not quite long. Symbolic identification, fairness and satisfaction, and employee involvement were very effective in the eyes of the teachers, while task instrumentality seems to be the least effective in the organization. Respondents have relatively the same assessment on the organizational effectiveness regardless of their age, educational level they have attained, and length of service as teacher. While job dimension aspect of work environment was felt by the teachers to be very conducive, physical aspects of it was observed by the teachers to be less conducive. Teachers have less felt the visibility of their educational leaders through work job, as well as their ability to find ways and means to improve resources of the organization. Respondents have relatively the same assessment on the physical and job dimension aspects of work environment regardless of their age, educational level they have attained, and length of service as teacher. It can be said that physical aspects of work environment can somehow affect the organizational effectiveness, while job dimension aspects of it was not found to have significant impact on achieving the organization’ s objectives. (shrink)

This study assessed the administration of punishment, students’ test anxiety, and performance in mathematics in secondary schools of Cross River State. Three null hypotheses were formulated following a correlational research design. Proportionate stratified random sampling technique was employed in selecting a sample of 2,554 respondents representing 5% of the population of 51,097 junior secondary school students distributed across 271 public secondary schools in Cross River State. Administration of Punishment Questionnaire (APQ) designed by the researchers, Test Anxiety Inventory (TAI) developed by (...) Dawood et al., (2016), and Mathematics Achievement Test (MAT) designed by Owan (2012), were used as instruments for data collection. The null hypotheses were tested using one-way MANOVA), Pearson Product Moment Correlation, and Multiple regression analyses with the aid of SPSS v23. Findings revealed amongst others that administration of punishment has a significant influence on students’ test anxiety and performance in mathematics F (6, 5098) = 24.149, p<.05; Wilk’s Λ = 0.945, partial η2 = .028 on a joint basis; administration of punishment has a significant influence respectively on students’ test anxiety F (3, 2550) = 22.697, p<.0005, partial η2 =.026 and performance in mathematics F (3, 2550) = 23.090, P<.0005, partial η2 =.026; there is an inverse significant relationship (r= -339, p<0.05) between students’ tests anxiety and performance in mathematics. It was recommended that the use of corporal punishment should be totally abolished on strict grounds that it hurts the psychological disposition of learners resulting in a dip in their performance consequently. (shrink)

What makes it the case that an utterance constitutes an illocutionary act of a given kind? This is the central question of speech-act theory. Answers to it—i.e., theories of speech acts—have proliferated. Our main goal in this chapter is to clarify the logical space into which these different theories fit. -/- We begin, in Section 1, by dividing theories of speech acts into five families, each distinguished from the others by its account of the key ingredients in illocutionary acts. Are (...) speech acts fundamentally a matter of convention or intention? Or should we instead think of them in terms of the psychological states they express, in terms of the effects that it is their function to produce, or in terms of the norms that govern them? In Section 2, we take up the highly influential idea that speech acts can be understood in terms of their effects on a conversation’s context or “score”. Part of why this idea has been so useful is that it allows speech-act theorists from the five families to engage at a level of abstraction that elides their foundational disagreements. In Section 3, we investigate some of the motivations for the traditional distinction between propositional content and illocutionary force, and some of the ways in which this distinction has been undermined by recent work. In Section 4, we survey some of the ways in which speech-act theory has been applied to issues outside semantics and pragmatics, narrowly construed. (shrink)

What does it mean for an actor to empathize with the character she is playing? We review different theories of empathy and of acting. We then consider the notion of “twofoldness”, which has been used to characterize the observer or audience perspective on the relation between actor and character. This same kind of twofoldness or double attunement applies from the perspective of the actor herself who must, at certain points of preparation, distinguish between the character portrayed and her own portrayal (...) effected in her craft. We argue that this concept helps us to understand how the actor can empathize with her character. For the actor who must study and rehearse her character, empathy may begin with higher-order processes that provide a contextualized understanding of the character. This understanding eventually integrates with more basic empathic processes in her actual performance. (shrink)

This study examined school administrators’ counselling and conceptual skills for effective secondary school administration in Rivers State. Two (2) research questions and 2 hypotheses were answered and tested in the study, respectively. The population of the study was the 245 public secondary schools in Rivers State, with a teacher population of 8196, from which 414 (equivalent of 5% from the population) were selected as the sample, using the stratified random sampling technique. The instrument for data collection was a validated 11-item (...) instrument titled ‘School Administrators’ Counselling and Conceptual Skills for Effective Secondary School Administration Scale’ (SACCSESSAS), with a reliability index of 0.87, designed by the researchers in the modified 4-point Likert scale model. Mean scores and standard deviations were used in answering the research questions while z.test statistics were performed and used in testing the hypotheses at 0.05 level of significance. The findings of the study show that school administrators’ counselling skills enhance effective secondary school administration through presenting opportunities for active listening to building rapport and empathy and that administrators conceptual skills enhance school effectiveness through presenting opportunities for school members to think creatively to understanding issues and solving problems. The study also found non-significant differences between the mean ratings of teachers with teaching and non-teaching qualifications on the ways school administrators’ counselling and conceptual skills enhance effective secondary school administration, respectively. It was therefore concluded that school administrators’ counselling and conceptual skills are indispensable in running effective school administration and that as ways forward adequate counselling skills should be employed by school administrators while also making sure that conceptual skills should be in regular use to achieve school effectiveness. (shrink)

An overview (about 8,000 words) of act utilitarianism, covering the basic idea of the theory, historical examples, how it differs from rule utilitarianism and motive utilitarianism, supporting arguments, and standard objections. A closing section provides a brief introduction to indirect utilitarianism (i.e., a Hare- or Railton-style view distinguishing between a decision procedure and a criterion of rightness).

This study assessed administrative networking strategies and principals’ supervisory effectiveness in assessing teachers’ notes of lessons, teachers’ instructional delivery, students’ records, and non-academic activities in Cross River State, Nigeria. Three null hypotheses were formulated accordingly to direct the study. The study adopted a descriptive survey design. Census technique was adopted in selecting the entire population of 667 secondary school administrators in Cross River State. The instruments used for data collection were two set of questionnaires designed by the researchers including: (...) Administrative Networking Strategies Questionnaire (ANSQ)”, and “Principals’ Supervisory Effectiveness Questionnaire (PSEQ)” respectively. The reliability of the instruments was established through Cronbach Alpha, and reliability estimates of .89 and .92 were obtained for the two instruments respectively. The null hypotheses were all tested at .05 level of significance using Pearson Product Moment Correlation Analysis with the aid of SPSS v21. Findings from the study revealed that; there is a significant relationship between principals’ effective communication, school-community relationship, and teachers’ involvement in decision-making, with their supervisory effectiveness respectively. Based on the findings of the study, it was recommended amongst others that; secondary school principals should endeavour to communicate relevant ideas, messages, and information to both teaching and non-academic staff of the school; and ensure that appropriate feedback mechanisms are provided based on such information. (shrink)

I show that the act-type theories of Soames and Hanks entail that every sentence with alternative analyses (including every atomic sentence with a polyadic predicate) is ambiguous, many of them massively so. I assume that act types directed toward distinct objects are themselves distinct, plus some standard semantic axioms, and infer that act-type theorists are committed to saying that ‘Mary loves John’ expresses both the act type of predicating [loving John] of Mary and that of predicating [being loved by Mary] (...) of John. Since the two properties are distinct, so are the act types. Hence, the sentence expresses two propositions. I also discuss a non-standard “pluralist” act-type theory, as well as some retreat positions, which all come with considerable problems. Finally, I extrapolate to a general constraint on theories of structured propositions, and find that Jeffrey King’s theory has the same unacceptable consequence as the act-type theory. (shrink)