The paper was intended to make a tentative point about the organizational reform and types of organization, i.e., international, national and private. The author explores in the basics of public administration and contextualizes the variables often employed critically for the discipline of public policy and administration. They would include, for instance, the democratic principles,importance of communication and negotiation, the concept of policy network, diversity, technology and ethics, which are applied and argued over the transition from 1947 GATT to a WTO (...) nauguration in 1995. The present study of organizations or their reform would assively be consulted for the national or private reform, which tends to shed a focus on the legal perspective, organizational efficiency and reform. The studies in variance with the types of organization or institutional agenda, as well as in the viewpoint of public policy and administration are generally lacking or insufficient, at least, less systemic or fragmented. While the WTO has made much accomplishment since its inception, it would equally be true that the criticism and new vision had been raised and will be likely ahead. As it is one of the most dynamic and active international organizations, the author likes to exemplify it to test a scope of policy variables as interactive with the last and extended renovation in 1987-1994, which continue to be relevant with the new agendas and vision for a better paradigm of WTO and as an international organization. The author also expects that the future research can develop a set of distinct elements in response with the types of organization and from the viewpoint of public administration. (shrink)

Many scholars believe that it is procedurally undemocratic for the judiciary to have an active role in shaping the law. These scholars believe either that such practices as judicial review and creative statutory interpretation are unjustified, or that they are justified only because they improve the law substantively. This Article argues instead that the judiciary can play an important procedurally democratic role in the development of the law. Majority rule by legislatures is not the only defining feature of democracy; (...) rather, a government is democratic to the extent to which it provides egalitarian forms of political participation. One such form of participation can be the opportunity to influence the law through the courts, either directly by participating in a case or indirectly by advocating litigation. Arguing from several examples, this Article shows that judicial decision-making allows different voices to be heard that may not necessarily have influence or power in majoritarian legislative structures or popular initiatives. Giving citizens the opportunity to change, to preserve, and to obtain authoritative clarification of the law through the courts can thus make a government procedurally more democratic. (shrink)

This study is intended to determine the efficacy of the teachers and students involving social, cognitive, and teaching presences to the Senior High School students of Saint Joseph College. This study utilized the descriptive survey design. Calderon (2006), defined descriptive research as a purposive process of gathering, analyzing, classifying, and tabulating data about prevailing conditions, practices, processes, trends, and cause-effect relationships and then making an adequate and accurate interpretation of such data with or without or sometimes minimal aid of (...) statistical methods. The following major findings are: the status of the implementation of the online educational community is at a well-implemented level as rated by the students and the teachers. There is no significant difference between the rating of the teachers and the students on the status of the implementation of the online educational community. It can be concluded that the implementation of the online educational community could not be indicative of the performance of the students. Since there is no significant relationship between the implementation of utilizing online education, online learning can still continue as a learning modality whether there is an ongoing pandemic or not because there might be other factors that affect the performance of the students. The mode of the teaching-learning process could not affect the performance of the students. (shrink)

This descriptive-correlational study determines the teaching efficacy among public Higher Education Institutions during the Academic Year 2021-2022. With 200 teacher-respondents, and with the use of weighted mean, standard deviation, t-test for independent samples, One-way ANOVA, and Pearson’s r, the findings are. 1) There is a significant difference in the extent of teaching efficacy of college instructors of HEIs in Sulu when data are categorized according to age, civil status, and educational attainment. But there is no significant difference in (...) terms of gender, length of service, and appointment status. Teachers who are 30 years old & above, separated, and with MA/MS degrees have better ways of assessing the level of confidence college instructors of HEIs in Sulu in their ability to guide students to success which includes helping students learn, building effective programs for students, and effectively changing student learning. 2) There is a very high correlation among the sub-categories subsumed under the extent of teaching efficacy of college instructors of HEIs in Sulu. (shrink)

This study investigates the relationship between self-efficacy and resilience among 150 first-year college students. This study used a correlational research design. Thus, General Self-Efficacy Scale and Resilience Scale were utilized to measure the variables. Furthermore, the statistical analysis reveals that the r coefficient of 0.48 indicates a low 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 self-efficacy (...) and resilience among first-year college students. Implications were discussed in the study. (shrink)

The legal reasons that bind a judge and the moral reasons that bind all persons can sometimes pull in different directions. There is perhaps no starker example of such judicial dilemmas than in criminal sentencing. Particularly where mandatory minimum sentences are triggered, a judge can be forced to impose sentences that even the judge regards as “immensely cruel, if not barbaric.” Beyond those directly harmed by overly harsh laws, some courts have recognized that “judges who, forced to participate in (...) such inhumane acts, suffer a loss of dignity and humanity as well.” When faced with such a judicial dilemma—a powerful tension between the judge’s legal and moral reasons—the primary question is what a judge can do to resolve it. We argue that the two standard responses—sacrificing morality to respect the law (“legalism”), or sacrificing the law to respect morality (“moralism”)—are unsatisfying. Instead, this Article defends an underexplored third response: rather than abandoning one ideal to maximally promote the other, we argue that judges should seek to at least minimally satisfy the demands of both. Judges should, in other words, look for and employ what we dub Satisficing Options. These are actions that enjoy sufficient support from both the legal reasons and the moral reasons, and thus are both legally and morally permissible—even if the acts in question would not strictly count as optimal by the lights of the law or morality. This common sensical response to the problem is not only underappreciated in the literature, but also has great practical import. Focusing on the sentencing context, this Article demonstrates that judicial dilemmas can be systematically resolved, mitigated or avoided through a range of concrete strategies that on their own or in conjunction can constitute Satisficing Options: these strategies include seeking out legally permitted but morally preferable interpretations of the law, expressing condemnation of unjust laws in dicta, and seeking assistance or cooperation from other actors to help defendants facing substantively unjust mandatory sentences. While these strategies can at times also go too far, we argue that in certain contexts they can be sufficiently defensible on both legal and moral grounds to be a justifiable response to judicial dilemmas. This Article thus provides both a novel theoretical framework for understanding the justification of judicial responses to unjust laws, as well as a practical a menu of options which judges can use to guide their responses to the judicial dilemmas that they are increasingly likely to encounter within our criminal justice system. (shrink)

This paper examines Jeremy Waldron’s ‘core case’ against judicial review. Waldron’s arguments, it shows, exaggerate the importance of voting to our judgements about the legitimacy and democratic credentials of a society and its government. Moreover, Waldron is insufficiently sensitive to the ways that judicial review can provide a legitimate avenue of political activity for those seeking to rectify historic injustice. While judicial review is not necessary for democratic government, the paper concludes that Waldron is wrong to believe (...) that it is a threat to democracy. (shrink)

Anger is often an appropriate reaction to harms and injustices, but is it a politically beneficial one? Martha Nussbaum (Journal of the American Philosophical Association 1 (1), 41–56, 2015, Anger and Forgiveness. Oxford University Press, 2016) has argued that, although anger is useful in initially recruiting agents for action, anger is typically counterproductive to securing the political aims of those harmed. After the initial shockwave of outrage, Nussbaum argues that to be effective at enacting positive social change, groups and individuals (...) alike, must move quickly out of the state of anger. Feminist theorists (Frye, The Politics of Reality. Crossing Press, 1983; Lorde, 1997; Narayan, Hypatia 3 (2): 31–48, 1988) on the other hand have for long highlighted the efficacy of anger, as well as its moral and epistemic value, in fighting against the oppressive status quo. It might be thought therefore that for political action to be effective, a continued state of anger is preferable. Protestors must after all create and sustain a sense of moral obligation and justice. A main way of doing so is to promote successive moral shocks that trigger outrage (Jasper, Emotion Review 6 (3): 208–213, 2014). I present a novel, empirically informed defense of anger’s efficacy in political action. Nussbaum holds a traditional view on the nature of anger, inherited from Aristotle and the Stoics, which holds that anger constitutively involves a desire for retribution. The view that anger is counterproductive falls out of this and is dominant in academic work as well as in our personal and political lives. Based on work in social psychology, I argue that we need to reconsider this. In doing so, I highlight anger’s aim for recognition, rather than retribution, as key. Furthermore, I uncover conditions for anger’s political efficacy, as well as reasons for why the traditional view of anger has been so pervasive. (shrink)

The causal impacts of genes and environment on any one biological trait are inextricably entangled, and consequently it is widely accepted that it makes no sense in singleton cases to privilege either factor for particular credit. On the other hand, at a population level it may well be the case that one of the factors is responsible for more variation than the other. Standard methodological practice in biology uses the statistical technique of analysis of variance to measure this latter kind (...) of causal efficacy. In this paper, I argue that: 1) analysis of variance is in fact badly suited to this role; and. (shrink)

Action research serves a pivotal purpose in enhancing educational practices as well as the achievement of students, as teachers can now take a more proactive role in the process. Success in action research initiatives depends on the self-efficacy of teacher researchers, their capability to handle their research roles, and the challenges they experience in initiating action research. This study looked into the research self-efficacy, productivity, and the issues the teachers face in conducting action research in one school district (...) in the Philippines. Data were collected through interviews with eight teacher-researchers. Findings show the tendency of less self-efficacy in the teachers’ research activities caused by inadequate research time due to their demands for teaching and poor self-confidence in engaging in research. Teachers experienced work overload, compounding the problem of observing time for research activities. They also lack sufficient funding for action research and institutional support from schools to help facilitate it. To address such challenges and warrant the participation of the teachers in research, there is a need for improved work schedules and a boost in institutional support for capacitating teachers. (shrink)

La doctrina establecida por la Corte Suprema de Justicia de la Argentina en relación a los crímenes de lesa humanidad cometidos durante la última dictadura militar, expresamente declaraba la obligación del Estado de investigar y juzgar a los responsables de su comisión. La Corte no sólo caracterizó dichos delitos, sino que también estableció que no eran susceptibles de amnistía, indulto, ni prescripción. Pero, en el año 2017 dictó el fallo “Muiña” donde, por voto mayoritario, decidió otorgarle el beneficio del “2 (...) por 1” a un condenado por dichos delitos. La consecuencia fue su inmediata libertad por el vencimiento de la condena. La respuesta de la sociedad fue clara. Con diversas manifestaciones, la sociedad civil, las instituciones y las personalidades públicas se declararon en contra de la sentencia. Más aún, del voto de los mismos jueces se observan expresiones que denotan un gran pesar a la hora de tomar la decisión. Más precisamente, sostenían estar ante un dilema. En este trabajo, lejos de realizar un análisis de la interpretación jurídica que se efectuó en la sentencia, se propone trabajar sobre el concepto de dilema y la posibilidad de aplicación en el presente caso. La finalidad concreta es indagar si se está ante un dilema y en su caso si los jueces utilizan este concepto como un arma argumentativa para lograr adhesión o compasión de la opinión pública. En este sentido, se comenzará relatando el marco jurídico del fallo, donde se describirá la historia judicial de Muiña y los argumentos dados por el voto mayoritario y el minoritario de la Corte. Luego, se realizará un análisis del concepto de dilema, para reconstruirlo sobre la base de dos grandes posturas: Una lógica conceptual y otra fenomenológica. Posteriormente, se realizará un examen de la dimensión institucional del derecho y la moralidad judicial, para - finalmente - poder intentar responder si se está efectivamente ante un dilema. (shrink)

The idea that causation involves the production of changes due to the exertion of influence of something on something else—the core idea of causal realism—used to be the default view. Today this idea is at the heart of (i) transmission/causal process accounts, (ii) mechanistic accounts, and (iii) powers-based accounts. However, as I have previously argued (Ingthorsson 2021) the above-mentioned approaches are based—to varying degree—on the very problematic assumption that causal influence is essentially unidirectional; that it passes from whatever is the (...) cause to the effect. As first pointed out be Mario Bunge (1959), the idea that causal influence is unidirectional is incompatible with what is today considered a scientific fact, notably that all interactions are perfectly reciprocal; whenever any object exerts an influence on any other object, the latter simultaneously exerts the same kind of influence, of the same magnitude, on the former. Drawing on Bunge’s result, I have developed a fourth approach to efficient causation that accepts the reciprocity of interactions (Ingthorsson 2002 & 2021). According to this view a cause is not the action of something on something else that receives the influence, but the reciprocal action between powerful particulars which results in a modification of both sides, producing a new state of affairs. In this paper, I present the core ideas of the four different approaches to causal efficacy, what I think is problematic with the first three and finally attempt to compare how well the four approaches fare in explaining two often discussed types of causal interactions: (i) collisions between billiard balls, and (ii) how water dissolves salt. I argue that only reciprocal actions between powerful particulars can plausibly claim to fully account for these phenomena, in a manner compatible with the theories and findings of the natural sciences. (shrink)

The learning process of both students and teachers can be predicted based on the learning mode. Therefore, because of the COVID-19 pandemic, schools must start using online learning and abandon more traditional teaching techniques. Thus, this study investigates the relationship between self-efficacy and academic resilience among 150 senior high school students. Thus, the researchers employed General Self-Efficacy and Resilience Scale. Finally, the statistical analysis reveals that the r coefficient of 0.78 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 self-efficacy and resilience among senior high school students. (shrink)

Empirical evidence, it has often been argued, undermines our commonsense assumptions concerning the efficacy of conscious intentions. One of the most influential advocates of this challenge has been Daniel Wegner, who has presented an impressive amount of evidence in support of a model of "apparent mental causation". According to Wegner, this model provides the best explanation of numerous curious and pathological cases of behavior. Further, it seems that Benjamin Libet's classic experiment on the initiation of action and the empirical (...) evidence concerning the confabulation of reason explanations provide further support for this view. In response, I will propose an alternative model of "real mental causation" that can accommodate the empirical evidence just as well as Wegner's. Further, we will see that there is plenty of evidence in support of the assumption that intentions are causally efficacious. This will provide us with ample reason to endorse the model of real mental causation. (shrink)

With the establishment of the World Trade Organization in 1995, the dispute settlement mechanism for international trade was greatly prepared unlike the old GATT system. It has a very different pattern from that of original GATT system. In our case, international trade is a matter of the future of nations, and in reality of the intense world economic competition, this system change may well be of concern to our government or legal experts. In this context, this paper examines the nature (...) and problems of the WTO appeal system under the premise of the rule of law, judicial prowess, and the role of a judge. The WTO dispute settlement mechanism is based on the domestic judicial system or other international judicial systems. In contrast to this, the comparative history is only short indeed, but according to the accumulation of future precedents, it is highly possible to provide a model for the achievement of the rule of law ideals in the international community. However, due to the inherent limitations of international agreement system, the reality of appellate body is not easy. In terms of the international trade and rule of law, the role of appellate body and judges is very broad. However, in this paper, we first look at the significance and nature of the launch of WTO and furthermore; 1) the rule of law and judicial system, 2) several issues related to the nature of WTO dispute settlement mechanism, 3) the importance of judge-made law and the scope and limitations of appellate jurisdiction, 4) issues of reference materials submitted by procedures outside the process, 5) the relationship between the appellate body and political authorities. Over the review, the penetrating thoughts will be focused on judicial activism. Those points of consideration will be discussed through the approach and method on the comparative legal studies and several significant WTO precedents. (shrink)

The application of artificial intelligence (AI) to judicial decision-making has already begun in many jurisdictions around the world. While AI seems to promise greater fairness, access to justice, and legal certainty, issues of discrimination and transparency have emerged and put liberal democratic principles under pressure, most notably in the context of bail decisions. Despite this, there has been no systematic analysis of the risks to liberal democratic values from implementing AI into judicial decision-making. This article sets out to (...) fill this void by identifying and engaging with challenges arising from artificial judicial decision-making, focusing on three pillars of liberal democracy, namely equal treatment of citizens, transparency, and judicial independence. Methodologically, the work takes a comparative perspective between human and artificial decision-making, using the former as a normative benchmark to evaluate the latter. -/- The chapter first argues that AI that would improve on equal treatment of citizens has already been developed, but not yet adopted. Second, while the lack of transparency in AI decision-making poses severe risks which ought to be addressed, AI can also increase the transparency of options and trade-offs that policy makers face when considering the consequences of artificial judicial decision-making. Such transparency of options offers tremendous benefits from a democratic perspective. Third, the overall shift of power from human intuition to advanced AI may threaten judicial independence, and with it the separation of powers. While improvements regarding discrimination and transparency are available or on the horizon, it remains unclear how judicial independence can be protected, especially with the potential development of advanced artificial judicial intelligence (AAJI). Working out the political and legal infrastructure to reap the fruits of artificial judicial intelligence in a safe and stable manner should become a priority of future research in this area. (shrink)

La literatura sobre razonamiento probatorio busca incidir en la determinación de los hechos en los procesos judiciales. Para alcanzar dicho propósito, no basta con dirigir la mirada hacia disciplinas extrajurídicas exitosas e integrar lo que de ellas pueda extraerse a las teorías jurídicas de la prueba y a la práctica judicial. Es necesario, además, considerar el tipo de hechos a probar, los roles de las reglas jurídicas aplicables, y asumir que litigantes y jueces, actuando en un contexto institucional, podrán (...) ser más o menos agudos en la discusión fáctica, entre otras cosas. Minimizar la influencia de tales factores expone a los estudios probatorios a tener un bajo rendimiento práctico. Algo de esto ha ocurrido con la llamada concepción racionalista de la prueba. Su innegable aporte al debate académico en español no ha ido a la par de su impacto judicial. Para explicar esta brecha entre teoría y práctica, identificamos tres creencias-obstáculo que afectan a su discurso sobre la prueba y que deben ser sorteadas si lo que se busca es influir en la forma en que se juzgan los hechos en un sistema judicial realmente existente. (shrink)

Faculty members’ beliefs in their ability to conduct research and publish research outputs are expected to impact research productivity directly. Thus, the study described the research self-efficacy and productivity among faculty members, their research self-efficacy influence on productivity, and their challenges in research writing and publication. The study utilized a mixed-method sequential explanatory research design, with 36 and nine faculty member-participants for the quantitative and qualitative study. For the quantitative study, the faculty members’ research self-efficacy was ascertained (...) using a validated questionnaire, and their research productivity was determined through a researcher-made survey instrument. Meanwhile, the qualitative study focused on the faculty members’ research writing and publication challenges, which were gathered through focus group discussions. Results showed average research self-efficacy and low research productivity among faculty members. Research self-efficacy significantly predicted research productivity regarding refereed and indexed publications, paper presentations, and bibliometrics. Further, themed findings showed that the faculty members encountered challenges such as a lack of research exposure, time constraints, lack of institutional support, and publication pressure. The study may serve as an inference for higher education institutions in designing faculty development plans and in-service training programs to capacitate its members. (shrink)

The COVID-19 outbreak had a profound impact on many facets of society, particularly on the educational system. Therefore, all educational content must be delivered to students online, and it is the student’s responsibility to adjust to this new norm. Hence, this study sought to investigate if there is a significant relationship between self-efficacy and resilience among senior high school students. This study utilized correlational research, with the 150 grade 12 senior high school students enrolled in 2022-2023 as respondents. Thus, (...) the researchers employed General Self-Efficacy and Resilience Scale. Finally, the statistical analysis reveals that the r coefficient of 0.53 indicates a moderate positive correlation between the variables. The p-value of 0.00, less than 0.05, leads to rejecting the null hypothesis. Hence, a significant relationship exists between self-efficacy and resilience among senior high school students. (shrink)

Aristotle grants perceptible qualities the power to generate sense perception in animals. But it is unclear whether, for him, these qualities can produce any effect other than perception. In this paper I address this issue through a novel approach. To show that they can produce non-perceptual effects, I explore contexts in his extant works where qualities appear to do causal work in nature without leading to perception in animals. This inquiry aims to demonstrate that Aristotle’s realism about qualities survives a (...) potential threat posed by views that dispute the qualities’ causal efficacy outside perception. (shrink)

This brief essay responds to the Supreme Court’s recent decision in Bucklew v. Precythe. It contends that the argument relied upon by the Court in that decision, as well as in Glossip v. Gross, is either trivial or demonstrably invalid. Hence, this essay provides a nonmoral reason to oppose the Court’s recent capital punishment decisions. The Court’s position that petitioners seeking to challenge a method of execution must identify a readily available and feasible alternative execution protocol is untenable, and must (...) be revisited. (shrink)

What factors affect judicial decision-making? The legal system is of utmost importance because of its impact on our lives. Judges appear to have the most power among any social workers seeing as the precedents set in their decisions are tantamount to written law. Nevertheless, judges may be subject to certain biases, moral and cognitive alike, which influence their rulings. Looking into how morality and cognitive biases affect judges may also reveal how we as individuals handle combining morals with ethics- (...) as well as whether any discrepancies among ourselves are justifiable. An investigation into relevant moral and jurisprudential theories revealed much about the inner workings of a judge’s mindset- whether he or she recognizes it or not. Coupling this with corroborated research on a select few heuristics present specifically for judges sets the foundation for an array of possible solutions in order to ensure the most impartial judicial proceedings. Plausible remedies include conducting premortems, implicit association tests, and a revised ruling procedure. (shrink)

En el presente texto se aborda la discusión entre economistas y abogados acerca del control judicial en aspectos económicos con el propósito de mostrar el carácter democrático de éste. El análisis contendrá tres partes: (i) contextualización del debate a partir del principio de distribución de poderes; (ii) planteamiento del debate a partir de dos lecturas de la Constitución de 1991, ya sea que se enfatice en el liberalismo clásico contenido en la carta o en lo “social” del Estado Social (...) de Derecho de la misma; (iii) por último, se abordarán algunas de las principales críticas al control constitucional en cuestiones económicas, así como el análisis de la legitimidad y conveniencia de dicho control. En esta última parte se hará especial énfasis en la objeción de que la intervención judicial en la economía sería antidemocrática y la respuesta que a la misma puede plantearse. (shrink)

The Philippines is a multicultural society with diverse cultures and beliefs for each indigenous community. This study was designed to determine the level of culturally responsive teaching self-efficacy (CRTSE) of mathematics teachers and to propose a training design. The study utilized an explanatory sequential research design using a survey and focus-grouped discussion and was participated by 65 in-service mathematics teachers. Based on the result, the mathematics teachers' overall level of teaching efficacy in using culturally responsive pedagogy (CRP) is (...) very high. It was also found that teachers’ implementation of CRP that influences teaching self-efficacy includes the use of native language and the use of contextualized and localized examples. It is recommended that mathematics teachers may adopt the use of culturally responsive pedagogies in their respective classes and consider the use of native language and use of contextualized and localized examples to provide a meaningful teaching-learning experience. -/- . (shrink)

Especially in the appendix to the opening part of his Ethics, Spinoza discusses teleology in a manner that has earned him the status of a staunch critic of final causes. Much of the recent lively discussion concerning this complex and difficult issue has revolved around the writings of Jonathan Bennett who maintains that Spinoza does, in fact, reject all teleology. Especially important has been the argument claiming that because of his basic ontology, Spinoza cannot but reject thoughtful teleology, that is, (...) teleology involved in the actions of conscious cognitive beings who have thoughts of future states of affairs. For Spinoza, a particular idea is a modification of the thinking substance the object of which is a certain modification of the extended substance, and Bennett’s central argumentative move is to claim that there is no room in Spinoza’s system for a key ingredient in thoughtful teleology, the tenet that representative content of ideas is causally efficacious. In what follows, I begin by presenting Bennett’s argument. As his position has received much criticism, I then take up the ways in which it has been discussed and found wanting. I think that Bennett’s position really is something that should not be endorsed; however, and despite the lively discussion, it also seems to me that there is more to be said about what is at stake here. Thus, I aim at offering an analysis of the nature of Bennett’s argument and the ensuing discussion with the aim of discerning the philosophical source from which Bennett’s interpretation draws its force. (shrink)

Abstract objects are standardly taken to be causally inert, however principled arguments for this claim are rarely given. As a result, a number of recent authors have claimed that abstract objects are causally efficacious. These authors take abstracta to be temporally located in order to enter into causal relations but lack a spatial location. In this paper, I argue that such a position is untenable by showing first that causation requires its relata to have a temporal location, but second, that (...) if an entity is temporally located then it is spatiotemporally located since this follows from the theory of Relativity. Since abstract objects lack a spatiotemporal location, then if something is causally efficacious, it is not abstract. (shrink)

objects are standardly taken to be causally inert, but this claim is rarely explicitly argued for. In the context of his platonism about musical works, in order for musical works to be audible, Julian Dodd argues that abstracta are causally efficacious in virtue of their concrete tokens participating in events. I attempt to provide a principled argument for the causal inertness of abstracta by first rejecting Dodd’s arguments from events, and then extending and generalizing the causal exclusion argument to the (...) abstract/concrete distinction. For reasons of parsimony, if concrete tokens or instantiations of abstract objects account for all causal work, then there is no reason to attribute causal efficacy to abstracta, and thus reason to maintain their causal inertness. I then consider how one of the main arguments against causal exclusion, namely Stephen Yablo’s notion of “proportionality”, could be modified to support the causal efficacy of abstracta. I argue that from a few simple premises Yablo’s account in fact supports their causal inertness. Having a principled reason for the causal inertness of abstracta appears to entail that the musical platonist must admit that we never literally hear the musical work, but only its performances. I sketch a solution to this problem available to Dodd, so that the musical platonist can maintain that musical works are abstract objects and are causally inert while retaining their audibility. (shrink)

This paper intends to articulate the jurisdictional issue of the Court of International Trade(CIT), particularly dealing with a legal dispute of the Anti-dumping law. While the international trade grows to be marshaled by a new institutional arrangement of WTO dispute settlement system, the role of CIT correspondingly plays a great deal of effect on this area of laws. It is considered that both arbitrating institutions have to drive a reasonable rule over the trade issues. This is particularly so in various (...) viewpoints. The law of USA has influenced significantly over WTO, and its take is fairly greater than other WTO members in economic terms. Under this background, I attempt to probe an attitude of CIT in dealing with jurisdictional issues including the extent of judicial activism and theoretical ground for resolving those issues while providing a comparative articulation to the general doctrine of administrative law. I also point out the significance as well as characteristics of jurisdictional issue in terms of the U. S. legal system, which, I hope, can provide a little guidance to the current Korean jurisprudence. Lastly, I stress the need for judicial reform within Korea as well as more affluent provision of legal counselling, which I think vital to accommodate a rapid development of trade environment. (shrink)

Supervision of teachers is essential for ensuring effective educational practices, fostering professional development, and achieving student success. The study determined the relationship of program heads' supervisory practices to the teachers’ teaching efficacy. It was conducted in a community college in Tangub City, Misamis Occidental. The descriptive-correlational design was used in the study. There were 146 faculty and 361 students who served as the respondents selected through a stratified random sampling technique. The adapted Program Heads’ Supervisory Practices and researcher-made Teachers’ (...) Teaching Efficacy Questionnaires were used as research instruments. Mean, Standard Deviation, and Pearson Product-Moment Correlation Coefficient were used as statistical tools to analyze the data gathered. Results revealed that the program heads were good in their supervisory practices. The teachers’ teaching efficacy was very high. The program heads’ supervisory practices did not influence the teacher’s teaching efficacy. The strategies employed by program heads in their supervisory roles do not always translate into improved teaching efficiency. The study's findings indicate that program heads need to adopt more responsive and tailored supervisory practices that directly address the specific needs of teachers to enhance teaching efficacy. This may involve integrating targeted professional development focused on practical classroom strategies and fostering peer collaboration to share best practices. Program heads may prioritize open communication and continuous feedback mechanisms to better align their supervisory approaches with the realities of classroom instruction, ensuring that support translates into improved teaching efficiency. (shrink)

1.The judicial system in the nations is generally considered as an important public institution to promote the liberty and social justice. The role and influence of public policy and administration can hold a considerable power in the shaping of Korean judicial system. The current literature in this field is just on legal theory, and little is known about the processes, actions and interactions of players relating with the elements of public policy studies. 2. The study’s purposes were: (a) (...) to examine the phenomenon inherent in the public administration of Korean judicial system (b) to generate a theory on its phenotype in the national and comparative or interdisciplinary viewpoints. 3. Based on the grounded theory approach as well as hermeneutics and heuristics, the kind of tools, i.e., concepts, terms, essences as well as inter-relational understanding or themes were employed. The theories and tenets generally on the elements of public policy, as stems from Sabatier & Mooney, Walzer, Habermas & Foucault, Weber &Turner, Simons, Bourdieu and so, provided the backdrop for this study. 4. Research questions focused on the policy process and actions, interactions of players within the public policy aspect of Korean judicial system and its phenotype in terms of national and comparative or interdisciplinary viewpoints. 5. Research participants consisted of a purposive sample of 30 Korean lawyers, legal historians, law professors and civic leadership who responded with the individual in-depth interviews. They were preliminarily surveyed with the written questions leading to select major occurrences or events, and deeply investigated through the interviews at next. The data collection consisted of public documentation, record, personal writings, and texts of Korean source 6. The findings indicated that the public administration of Korean judicial system in view of public policy elements is (i) unique, but sharable (ii) inevitable, but struggled, (iii) static, but transformative (iv) general, but professional. 7. Implications for positive social change include deeper understanding of Korean judicial system in terms of public policy studies and importance of public policy on its shaping. (shrink)

Statistics and probability enabled students to better understand, process, and evaluate massive amounts of quantitative data that existed and had a probabilistic sense in uncertain situations. The research article aimed to elucidate the performance and self-efficacy as predictors of students' achievement in the statistics and probability courses. The study utilized a descriptive-predictive research method and was conducted at Sto. Tomas National High School, involving a sample of 263 grade 11 senior high school students. The gathered data were analyzed using (...) descriptive measures and multiple regression analysis. The study's results revealed that the performance in General Mathematics was very satisfactory, while self-efficacy was high. Moreover, the level of achievement in Statistics and Probability was very satisfactory. It was also revealed that both General Mathematics performance and self-efficacy had a positive and significant relationship with Statistics and Probability achievement. Through regression analysis, it was discovered that General Mathematics performance was the strongest predictor that influenced achievement in Statistics and Probability. The study identified a significant predictive model for Statistics and Probability achievement. These findings could provide valuable guidance to teachers in enhancing the achievement of senior high school students in Statistics and Probability. (shrink)

Democratic theorists often distinguish between two views of democratic procedures. ‘Outcomes theorists’ emphasize the instrumental nature of these procedures and argue that they are only valuable because they tend to produce good outcomes. In contrast, ‘proceduralists’ emphasize the intrinsic value of democratic procedures, for instance, on the grounds that they are fair. In this paper. I argue that we should reject pure versions of these two theories in favor of an understanding of the democratic ideal that recognizes a commitment to (...) both intrinsically valuable democratic procedures and democratic outcomes. In instances in which there is a conflict between these two commitments, I suggest they must be balanced. This balancing approach offers a justification of judicial review on the grounds that it potentially limits outcomes that undermine democracy. But judicial review is not justifiable in any instance in which a bad democratic outcome results from democratic procedures. When the loss that would result from overturning a democratic procedure is greater than the gain to democracy that would result from ensuring against an undemocratic outcome; judicial review is not justifiable. Loss or gain to democracy is defined by the negative or positive impact of each action on the core democratic values of equality and autonomy, aspects of the democratic ideal. Even when judicial review is justified, the fact that it overturns intrinsically valuable procedures suggests that such review is never ideal from the standpoint of democracy. (shrink)

Owing to the differences in the practice of entrepreneurship as occasioned by gender, culture and marital status, widow entrepreneurship ought to be studied separately. This is increasingly being re-echoed by the resilience of widow entrepreneurs in spite of the disinheritance, dehumanizing and discriminatory characteristics of the persisting widowhood practices in South Eastern Nigeria. This study therefore seeks to investigate the moderating role of entrepreneurial self-efficacy in the entrepreneurial experience, financial and non-financial performance of widow entrepreneurships in South Eastern Nigeria. (...) The study adopts cross sectional research design and simple random sampling technique. The generated data via questionnaire were analyzed based on Baron and Kenny’s (1986) four step approach for testing moderation. It was found that entrepreneurial self-efficacy moderates the relationships. The researchers conclude that entrepreneurial self-efficacy can increase or decrease the strength of the relationship between entrepreneurial experience, and financial and non-financial performance of widow entrepreneurships in the long run. (shrink)

This paper attempts to answer whether the property of “efficacy” can be attributed to constitutive rules. In particular, according to Di Lucia, I will point out some problems that the “semantic conception of efficacy” has concerning constitutive and regulative rules. Then, the main goal of the paper will be to reflect on the possibility of the efficacy of constitutive rules by means of a complex case that the semantic conception seems to disregard: The case of the cheater. (...) Does the action of the cheater show the inefficacy of constitutive rules? Does she play the game while breaking the rule? Can the semantic conception of efficacy explain this situation, or do we need a more flexible concept of efficacy that takes nomotropism into account? These are some of the questions I will try to answer. (shrink)

This paper argues that, according to a specific conception of the ideals of constitutional democracy - deliberative democratic constitutionalism - the proper function of constitutional review is to ensure that constitutional procedures are protected and followed in the ordinary democratic production of law, since the ultimate warrant for the legitimacy of democratic decisions can only be that they have been produced according to procedures that warrant the expectation of increased rationality and reasonability. It also contends that three desiderata for the (...) institutionalization of the function of constitutional review follow from this conception: structural independence, democratic sensitivity and the maintenance of legal integrity. Finally, evaluating three broadly different ways of institutionalizing constitutional review - solely in appellate courts, in deliberative constitutional juries of ordinary citizens and in a combined system of constitutional courts and civic constitutional amendment fora - it argues that the third arrangement would perform best at collectively fulfilling the sometimes antithetical desiderata. (shrink)

A student's self-efficacy—defined as their belief in their capacity to succeed in particular circumstances—is a critical factor in their food decisions. Also a university’s overall environment, including the presence of fast-food outlets and the nature of food marketing on campus, can shape undergraduate students' eating habits and self-efficacy. The primary purpose of this cross-sectional correlational study was to investigate eating self-efficacy in Nigerian public university students. A sample of 400 undergraduate students were surveyed at a Nigerian public (...) university using validated instruments to assess their level of eating self-efficacy and identify the relationships between their eating self-efficacy and eating habits. The Eating Self-Efficacy Brief Scale (ESEBS)–8 items was used to assess students' level of difficulty in resisting the desire to eat. The researcher utilized the Eating Attitudes Test (EAT)–16 items to evaluate the students’ eating habits. Statistical analysis was conducted at a significance level of p<.05. The results revealed that mean eating self-efficacy score (ESEBS-8) of 2.21 (SD=0.68). Regression analysis showed that gender, school environment, peer factor, and parental factor significantly predicted eating self-efficacy, F(4,398)=9.17, p<.001. Eating self-efficacy (ESEBS-8) was strongly positively correlated with eating habits (EAT-16), r=.861, p<. 001. Regression analysis showed that ESEBS-8 significantly predicted EAT-16 scores, B=1.399, β=.861, t=33.68, p<.001. The findings highlight significant correlations between various factors and eating self-efficacy through the lenses of gender, school environment, peer influence, and parental factors, as well as the relationship between eating self-efficacy and eating habits. (shrink)

Objective: The objective of this study was to evaluate the clinical efficacy and appropriateness of colistin therapy in patients with hematological malignancies. -/- Methods: Age, gender, type of hematologic malignancy, and potential carbapenem-resistant microorganism risk factors were all noted in this retrospective study. In empirical and agent-specific treatment groups, differences in demographic features, risk factors, treatment responses, and side effects were compared. -/- Results: Sixty-three patients were included, 54% were male, and the median age was 49. In the last (...) three months, the hospitalization rate history was 68%, and four patients had a hospitalization history in the ICU. Carbapenem-resistant K. pneumoniae colonization was present in 22 patients (35%). Gram-negative microorganisms were isolated in 34 patients (54%). The carbapenem, quinolone, and colistin resistance rates were 82%, 76%, and 4% respectively. Clinical and microbiological response rates were 60% and 69%. 7 and 28-day mortality rates were 17% and 35%. There was no significant difference in demographic data and comorbidities in empirical (n=48) and agent-specific (n=15) treatment groups. The rate of carbapenem and glycopeptide treatments before colistin was higher in the empirical treatment group (p = 0.004; p = 0.001). The rate of starting combined antibiotics was higher in the empirical treatment group (p = 0.016). Two of the patients developed renal failure in the first week after treatment. -/- Conclusion: The use of empirical colistin may be unavoidable given the risk considerations. Shortly, colistin-resistant strains may also be a factor affecting treatment success negatively. (shrink)

The transitory and ever-evolving process of law making plays a role of primal importance in the regulation of human conduct of society. It goes without saying that in this entire process, judges have a participation. The power entrusted by law and the nature of judicial process, make judges the prime mover of the development of law. It matters how judges decide cases. It matters most to people unlucky or litigious or wicked or saintly enough to find themselves in court... (...) The effect emanating from the decision of a case affects the life of a person in many ways that at times has far reaching impact...When the law in question happens to be criminal law, it requires a cautious consideration to see how the interpretive tools used by judges affect the life of a litigant in ways both seen and unseen... Several areas concerning adjudication and judicial interpretation have been the subject matter of study. This paper includes a discussion on the principle of non- retrospectivity in light of judicial adjudication in criminal matters. (shrink)

The integration of robotics in the education was one of the aspirations of the K-12 institution in the Philippines. The RoboTeach Extension Project was established to address the challenges associated with the implementation of robotics in K-12 education. This study explores the teachers’ perception of the efficacy in the implementation of the project which focused on training the Department of Education (DepEd) teachers in San Pablo City Laguna, Philippines on the basic concepts and applications of robotics and automation. The (...) topics and learning activities covered during the ten-day training were based on the self-assessment survey results on the level of knowledge of teachers. The study used a descriptive method of research using a quantitative approach and adopted the LSPU Extension Services Evaluation Survey Questionnaire to determine the respondents’ perception of the level of project efficacy. The data were obtained from twenty-five DepEd teachers and analyzed using descriptive statistics such as frequency count, per cent, weighted mean and ANOVA. The respondents were highly satisfied with meeting expectations to attain objectives, training and workshop contents, learning activities, methodologies, instructional materials used, resource person and trainers, training management team, and training management team and training facilities and services. Further, there was no significant difference among their level of satisfaction from day 1 to 5 of the training sessions. Respondents viewed the training as very successful, as evident from the consultation and culminating activity. Thus, the sustainability on the implementation of the project was highly recommended. (shrink)

According to the order ethics approach to business ethics, moral rules must be im-plemented by institutions that provide incentives for following the rules. As a minimal (normative) condition, these institutions must be able to motivate the homo eco-nomicus. But even if an institution passes this test, it will only motivate actual people (i.e. the homo psychologicus) to follow moral rules, if they have the relevant compe-tences and self-efficacy beliefs. Consequently, good institutional design includes com-prehensive change management. At this point (...) applied order ethics can draw on find-ings of psychology and experimental economics. It turns out, that role models can support self-efficacy beliefs and are thus more important for order ethics than has traditionally been assumed. (shrink)

A presente dissertação tem como tema central a proposta da abordagem hermenêutica da decisão judicial em Hans Kelsen considerando seu relativismo filosófico. No primeiro momento expõe a concepção de decisão judicial no autor e as suas reformulações conceituais no decorrer das suas obras – as passagens do formalismo normativista das primeiras obras até o ceticismo de regras na Teoria geral das normas. Também propõe a dissolução entre as leituras formalistas e realistas através da possibilidade de uma leitura realista (...) moderada. Após expõe a filosofia relativista do autor e seu resultado na exclusão dos elementos da moralidade do conceito de direito. Finalmente deduz regras de interpretação a partir de uma visão abrangente das obras do autor. O objetivo da dissertação, nesse sentido, é analisar a dinâmica da criação normativa pelo judiciário, a discricionariedade daí resultante e a possibilidade de interpretar os vários sentidos das normas sem recorrer a qualquer moralismo para tal. (shrink)

Patricia Williams in her book, The Alchemy of Race and Rights, describes being denied entrance in the middle of the afternoon by a “saleschild.” Utilizing the works of Maurice Merleau-Ponty, this article explores their interaction phenomenologically. This small interaction of seemingly simple misunderstanding represents a limit condition in Merleau-Ponty’s analysis. His phenomenological framework does not explain the chasm between the “saleschild” and Williams, that in a sense they do not participate in the same world. This interaction between the “saleschild” and (...) Williams represents a moment when the two contest exactly what is reason in our society. To the extent that society discerns one’s actions as reasonable and the other’s actions as unreasonable, our society participates in determining that which constitutes reason. Williams’s work speaks precisely to this chasm as evident in her text’s subtitle, Memoirs of a Mad Woman. This decision relegates one subject to “judiciousness” and relegates the other to “madness.”. (shrink)

This correlational study investigated the relationship between preservice teachers’ math self-concept, self-efficacy, and attitude with their math achievement. Participants were chosen using stratified random sampling from BEEd and BSEd mathematics majors (n = 117). From the findings, preservice teachers had moderate to high math self-concept, self-efficacy, and attitude. These variables were statistically correlated with each other and with math achievement. The inclusion of training programs for developing the preservice teachers’ math self-concept, self-efficacy, and attitude, as well as (...) designing curricula that engage and encourage them to do mathematics and problem-solving, must be considered among teacher education institutions. (shrink)

This paper addresses the question of whether a general method is capable of accommodating the vast array of contexts in which art objects are studied. I propose a framework for such a general method, which is, however, limited to a specific research task: reconstructing the circumstances under which a culturally and/or temporally distant or “exotic” art object becomes interesting (or menacing) to look at. The proposed framework is applied to evaluate Anthony Forge’s essays on the visual art of the Abelam. (...) The essays played a central role in the rekindling of anthropological interest in visual art, but they have also been subject to criticism for forcing on Abelam art Western categories that distort the role art objects play in the Abelam world. Assessing the corpus in terms of the proposed framework allows me to exemplify the main differences between a pragmatic and a semantic approach to gaining access to the efficacy of culturally or temporally distant art. (shrink)

Many accounts of the moral duty to obey the law either restrict the duty to ideal democracies or leave the duty’s application to non-ideal societies unclear. This article presents and defends a partial account of the moral duty to obey the law in non-ideal societies, focusing on the duty to obey judicial orders. We need public judicial authority to prevent objectionable power relationships that can result from disputes about private agreements. The moral need to prevent power imbalances in (...) private relationships grounds a qualified moral duty to obey judicial decisions. The parties to a dispute are morally required to comply with a judicial order in their dispute if all of the following conditions obtain: the parties’ dispute was in good faith, the court’s resolution of the dispute is more impartial than either party’s own judgment, the order does not call for violation of important natural duties or important artificial duties that the duty-bearer incurred involuntarily, and the primary aim of disobeying the court order would be to advance an ordinary, non-political project, not to call public attention to an injustice. The moral duty to obey judicial decisions can survive significant departures from ideal fairness. (shrink)

William James’ argument against William Clifford in The Will to Believe is often understood in terms of doxastic efficacy, the power of belief to influence an outcome. Although that is one strand of James’ argument, there is another which is driven by ampliative risk. The second strand of James’ argument, when applied to scientific cases, is tantamount to what is now called the Argument from Inductive Risk. Either strand of James’ argument is sufficient to rebut Clifford's strong evidentialism and (...) show that it is sometimes permissible to believe in the absence of compelling evidence. However, the two considerations have different scope and force. Doxastic efficacy applies in only some cases but allows any values to play a role in determining belief; risk applies in all cases but only allows particular conditional values to play a role. (shrink)

The public’s actions will likely have a significant effect on the course of the novel coronavirus (COVID-19) pandemic. Human behavior is conditioned and shaped by information and people’s perceptions. This study investigated the impact of risk perception on trust in government and self-efficacy. It examined whether the use of social media helped people adopt preventive actions during the pandemic. To test this hypothesis, the researchers gathered data from 512 individuals (students and academics) based in Malaysia during the COVID-19 pandemic. (...) Our results suggested that risk perception had a significant effect on trust in government and self-efficacy. Moreover, these correlations were stronger when social media was used as a source for gathering information on COVID-19. In some cases, it even helped users avoid exposure to the virus. This study assessed the relationship between risk perception and the awareness gained from using social media during the pandemic and highlighted how social media usage influences trust in government and self-efficacy. -/- . (shrink)