Interest In Autonomy Research Articles

Cyber Harassment and the Scope of Freedom of Speech

Cyber harassment in its various forms imposes substantial costs on many persons. Discussion of those costs is plainly important in mobilizing support for legal and cultural responses to cyber harassment. It is important to recognize, however, that most forms and instances of cyber harassment do not implicate any of the commonly cited reasons for constitutionally protecting speech in the first place. Where any such reasons are in fact implicated in the cyber harassment cases, it is typically the meaningful autonomy and self-realization interests of the targets, rather than those of the harassers, that are at significant risk.

ФОРМУВАННЯ ПІЗНАВАЛЬНОЇ САМОСТІЙНОСТІ УЧНІВ ЧЕРЕЗ РЕАЛІЗАЦІЮ МІЖПРЕДМЕТНИХ ЗВ’ЯЗКІВ ЗАСОБАМИ МОБІЛЬНИХ ТЕХНОЛОГІЙ

The article analyzes the directions of application of cross-curricular links in the modern conditions of secondary school. The experience of integration of cross-curricular links in teaching of natural subjects is characterized. The importance of the use of computer technologies in teaching natural sciences is emphasized, given their specificity. It is suggested as alternative information and communication technologies to use mobile devices during the educational process to realize cross-curricular links as a way of forming cognitive autonomy of students. In this work the directions of realization of cross-curricular relations for teaching of natural sciences are analyzed. The author proposes tasks that can be used to establish cross-curricular links in natural-science lessons, and provides electronic resources that can be used to create cross-curricular tasks, and outlines ways to accomplish these tasks through mobile technology. The text justifies the difficulties faced by teachers in the implementation of cross-curricular links in the teaching of natural subjects, in particular due to the inconsistency of some topics of school curricula, lack of a base of theoretical and methodological materials for the creation of cross-curricular problems for natural subjects, etc. The article shows the positive impact of cross-curricular integration on natural science lessons to increase cognitive interest and formation of cognitive autonomy of students. It is noted that the development of cross-curricular content tasks that are appropriate to use in the educational process of natural sciences remains an urgent task. A promising area of research is the integration of cross-curricular linkages in the course of completing project tasks and participating in project activities, which has a positive impact on students' cognitive abilities. Further exploration will be achieved through cross-curricular links in the research, taking into account the capabilities of mobile devices, both built-in (camera, digital sensors) and external (mobile applications) for the formation of students' cognitive autonomy. Key words: cognitive autonomy; cross-curricular links; tasks of cross-curricular content; subjects of the natural cycle; mobile technologies.

The influence of HR practices upon knowledge brokering in professional organizations for service improvement: Addressing professional legitimacy and identity in health care

AbstractDrawing upon sociology of professions, our study extends insight into the specific HR practices that shape the microdynamics of knowledge‐sharing behaviors among professionals. Empirically, we examine the influence of Human Resource (HR) practices on enactment of a knowledge‐brokering role by doctors to drive service improvement in health care. Our study shows, first, HR practices influence professional identity, which is predicated on jurisdictional autonomy and client interest. Second, HR practices influence the legitimacy of any role and associated activities, with professionals valuing collegial leadership and evidence‐based practice. Our study highlights it is employee perceptions of the effect of HR practices upon their legitimacy and identity that shape their attitudes and behavior toward knowledge sharing. Thus, different HR practices have different effects on knowledge sharing. Further, the same HR practice may be perceived differently even within the same cadre of professionals, depending upon their relative status and career interests.

Sustainable financial management of tangible cultural heritage sites

Sustainable financial management of tangible cultural heritage sites

Government Officials and Politicians: How the First Amendment Applies to Elected Officials' Social Media Pages

Lower courts throughout the country have struggled to grapple with how to apply First Amendment principles to Elected Officials' social media accounts. This Article analyzes elected officials' dual roles as politicians and government officers under First Amendment theory and doctrine and considers the normative and doctrinal consequences of these roles on elected officials' social media pages. Elected officials act sometimes as government officers, acting in furtherance of the duties of their office, at other times, they act as politicians, competing in the political marketplace. These roles carry distinct normative implications. As government officers, they may never engage in viewpoint discrimination. As politicians, however, the First Amendment protects their right to associate in furtherance of their political ends. The right of association implies the right to choose with whom one associates and therefore implies the right to exclude others for viewpoint discriminatory reasons. Courts recognizes both of these roles and applies different doctrines depending on which role predominates. When officials' role as government officer predominates, courts apply the public forum doctrine. And when officials' role as politician predominates, they apply the expressive association doctrine. On social media platforms, officials may act in either their role as government officer or politician, and their social media pages may be either public forums or expressive associations. Current judicial doctrine fails to adequately separate these roles on social media. I therefore propose a test to separate these two roles: courts should focus their inquiry on determining which role—political or governmental—predominates. Towards that end, courts should examine three factors from the perspective of an objective third-party: (1) The page’s ownership; (2) The page’s labels; and, (3) The page’s content, with particular attention to: (i) solicitations of public feedback on official policy; (ii) official announcements of government policy. Some cases will be clear. But sometimes, these factors will weigh in conflicting directions. In such cases of ambiguity, I argue that there should be a presumption in favor of finding that the page is governmental—i.e. that viewpoint discrimination is prohibited, and the public forum doctrine applies. This is for three reasons. First, the public’s interest in self-governance and democratic legitimacy outweighs elected officials’ autonomy interest in associating for political gain. Second, applying public forum analysis to prohibit viewpoint discrimination will decrease the political balkanization rampant on social media, further enhancing democratic legitimacy. Third, while this presumption necessarily infringes on officials’ autonomy, this concern is minimized because officials exercise control over the labels and content of their pages. Creating a presumption against officials incentivizes them to resolve any ambiguity in their account.

Full-Time Employment or Post-Graduate Education: A Means-Ends Investigation of Fourth-Year Veterinary Students.

The purpose of this article is to identify the motivations for fourth-year veterinary students to pursue either full-time employment or post-graduate education. Twenty-one fourth-year veterinary students were interviewed using a means-ends investigation style. Interviews were analyzed using a qualitative method in the context of the self-determination theory pillars of intrinsic motivation (autonomy, competence, and relatedness). Students interested in full-time employment had more statements that were categorized as demonstrating an interest in autonomy. Students who were interested in post-graduate education had more statements that were categorized as demonstrating an interest in developing competence. Both groups of students indicated that relatedness was important. Understanding the beliefs and motivations that influence students' post-graduation career decisions is important in framing their decision-making process.

Toward a negotiated autonomy: Culture, teaching perceptions, and participation of Bhutanese refugees in an adult migrant English program in Australia

This article investigates how adult English language learners from refugee backgrounds respond to teaching strategies that aim to facilitate the promotion of learner autonomy. Interest in learner autonomy has grown significantly in the area of second language (L2) teaching. The culturally appropriate model of autonomy has been widely advocated in the L2 literature. This article explores how students’ premigration experiences influence the development of autonomous learning. The data used in this article were collected from classroom observations and retrospective interviews with Bhutanese refugee students and teachers in an adult migrant English program in Australia. The findings show that refugee students’ premigration experiences, their cultural perceptions of teaching, and their learning preferences have a negative influence on the implementation of autonomy‐supportive instructional practices. This article suggests that adult refugee students from non‐Western cultural backgrounds should be guided slowly and progressively into the new culture and pedagogy of autonomous learning. Teachers should investigate how ready the students are in terms of taking responsibility and then use appropriate scaffolding as needed.

Datafication as parenthesis: reconceptualising the best interests of the child principle in data protection law

ABSTRACT The objective of this article is to shed light on a question that has considerable policy significance for the child as a data subject under the General Data Protection Regulation 2016 (‘Regulation 2016/679’) – how can we better integrate the best interests of the child principle, including the emphasis placed by the United Nations Convention on the Rights of the Child (CRC) on respecting a child's autonomy and development in a datafied environment? This article lays the foundation to an answer in three steps. First, it questions whether the political act of integrating the lifeworlds of children into digital infrastructures of the personal data economy and structuring of responsibilities to be owed by data controllers through data protection rules and principles is truly empowering. Second, it uses the dialectical relationship between critical infrastructures in the datafied environment and data protection rules to explain the ramifications of the analytical shift from children's rights to information rights, for conceptions and understandings of autonomy, agency and best interests. Third, CRC provisions will be used to expose the incompatibility of the ontological turn initiated by data protection rules and platform infrastructures with received understandings of the best interests of the child principle. The article concludes with an account of how the present gulf that exists in the understanding of the role of CRC and their application in data protection policymaking in a datafied environment could be bridged.

Ambidextrous Lockeanism

AbstractLockean approaches to property take it that persons can unilaterally acquire private ownership over hitherto unowned resources. Such natural law accounts of property rights are often thought to be of limited use when dealing with the complexities of natural resource use outside of the paradigm of private ownership of land for agricultural or residential development. The tragedy of the commons has been shown to be anything but an inevitability, and yet Lockeanism seems to demand that even the most robust common property arrangements be converted to privatized units. This often motivates a move away from natural law in the moral analysis of property rights. I argue however that it is not the deontological nature of Lockean principles that are at fault, but rather the manner of their application. Lockean theory often exhibits a bias in favour of private property: assuming that only private property can protect one’s interest in autonomy, and therefore asserting that each individual has a power of private acquisition. Starting with a claim against interference however enables us to mould the appropriate property rights to each individual’s particular interest in autonomy. This sometimes leads to private ownership, but often leads to various forms of commons.

Arbitral autonomy and applicable and overriding law

ABSTRACTThis article examines themes associated with the role of arbitration and its interrelationship with the law generally. These include the extent to which parties to an arbitration agreement are free to choose the principles governing the procedural and substantive aspects of the arbitration. The article considers the circumstances in which such a choice may be affected or overridden by mandatory principles of law or court intervention, by the courts of the seat of arbitration or in enforcement proceedings in another jurisdiction. It identifies the potential tension between the interests of party and arbitral autonomy on the one hand, and the public policy which justifies court interventions in the arbitral process and governs enforcement of awards on the other. The tension has in a European context manifested itself recently in a marked dichotomy between the attitudes of European Union law to commercial arbitration and to bilateral investment treaty arbitration, presenting arbitrators and courts involved in the latter with potential dilemmas. It suggests that there is still scope for holistic development, recognizing the value attached to arbitration by the commercial community.

Capacity for Preferences and Pediatric Assent Implications for Pediatric Practice.

In the past thirty to forty years, clinicians and bioethicists have expanded the scope for children's participation in decision-making about their medical care, often under the banner of "pediatric assent." The success of this movement was signaled perhaps most strongly by the creation of American Academy of Pediatrics guidance on pediatric assent in 1995. We agree with the AAP that both the best interests of the child patient and the need to respect the child patient are reasons to take seriously children's treatment preferences. However, we argue that the AAP could provide a stronger and more stable ethical foundation for pediatric assent. Current policy documents invoke a conception of respect that is grounded in autonomy and cannot apply in most cases of pediatric assent. We argue that the mere fact that children have treatment preferences is a reason to support pediatric assent. We defend this claim by focusing on the importance of what we have called "capacity for preferences." The notion of capacity for preferences underscores that the moral value of a patient's preferences is not reducible to considerations of either autonomy or best interests.

자원봉사활동기본법 개정논의에 관한 검토

Framework Act on Volunteer Activities seems to have been enacted to have a basic characteristic of volunteer activities. the law is limited to operating as a basic law that oversees the governance of various central and local governments in relation to volunteering. First of all, there is the Volunteer Service Promotion Committee, which is administrative body, this committee not as effective as we would like. The working-level management council does not exist in korea government. It is necessary to form a working-level consultative body so that an integrated discussion can take place at the initial stage of the plan, rather than individual national plans for each national institution. In order for Framework Act on Volunteer Activities to exist as a basic law, it is necessary to clarify the scope of the law. Punitive social service or alternative service types that are not substantially voluntary should be excluded by revising the law. In the Framework Act on Volunteer Activities, the conceptual factor of volunteering is unclear. As elements of the concept of volunteerism, it is necessary to clarify signs of no-compensation(unpaid volunteers), autonomy(free will), labor and public interest. This is not to confirm the conceptual factors simply , but to confirm the scope of Framework Act on Volunteer Activities. The organizations that carry out volunteer in the Framework Act on Volunteer Activities are Volunteer service centers and Korea Council of Volunteering. The problems is that the working range of the two bodies is overlapped. so, it has resulted in a structural imbalance. If the government wants to efficiently support and manage volunteer centers of local governments. it is appropriate to transfer administrative duties from the Korean Council for Volunteer Service to the Community Service Center.

Gender Injustice in Compensating Injury to Autonomy in English and Singaporean Negligence Law

The extent to which English law remedies injury to autonomy (ITA) as a stand-alone actionable damage in negligence is disputed. In this article I argue that the remedy available is not only partial and inconsistent (Keren-Paz in Med Law Rev, 2018) but also gendered and discriminatory against women. I first situate the argument within the broader feminist critique of tort law as failing to appropriately remedy gendered harms, and of law more broadly as undervaluing women’s interest in reproductive autonomy. I then show by reference to English remedies law’s first principles how imposed motherhood cases—Rees v Darlington and its predecessor McFarlane v Tayside Health Board—result in gender injustice when compared with other autonomy cases such as Chester v Afshar and Yearworth v North Bristol NHS Trust: A minor gender-neutral ITA is better remedied than the significant gendered harm of imposing motherhood on the claimant; men’s reproductive autonomy is protected to a greater extent than women’s; women’s reproductive autonomy is protected by an exceptional, derisory award. Worst of all, courts refuse to recognise imposed motherhood as detriment; and the deemed, mansplained, nonpecuniary joys of motherhood are used to offset pecuniary upkeep costs, forcing the claimant into a position she sought to avoid and thus further undermining her autonomy. The recent Singaporean case ACB v Thomson Medical Pte Ltd, awarding compensation for undermining the claimant’s genetic affinity in an IVF wrong-sperm-mix-up demonstrates some improvement in comparison to English law, and some shared gender injustices in the context of reproductive autonomy. ACB’s analysis is oblivious to the nature of reproductive autonomy harm as gendered; and prioritises the father’s interest in having genetic affinity with the baby over a woman’s interest in not having motherhood imposed upon her.

Imperialismo total e educação na revolução burguesa no Brasil (1946-1985)

O artigo tem por objetivo tratar das relações entre a educação no Brasil e as determinações advindas do que o sociólogo Florestan Fernandes chamou de “Imperialismo Total”. As ideias deste autor sobre os dilemas educacionais na consolidação da revolução burguesa no Brasil são a referência principal utilizada para a realização desta análise. Primeiramente discutiremos a forma “total” do imperialismo e suas relações com a contrarrevolução brasileira, evidenciando como se organiza a dominação externa a partir de dentro em todos os níveis da ordem social, com destaque para sua manifestação na área educacional. Na segunda parte do artigo, apresentamos o dilema educacional brasileiro que se expressa fortemente no pós-Segunda Guerra Mundial e os encaminhamentos dados a esta questão na ditadura instalada a partir de 1964. Concluímos que a educação brasileira sob o “imperialismo total” foi conduzida mediante um controle ideológico externo, sob a inspiração da teoria do capital humano, constituindo uma superestrutura que consolidou a precarização do ensino público, a dissociação da educação e os interesses de autonomia e soberania nacional, além da transformação crescente da educação em mercadoria.

RETRACTED ARTICLE: Research on the construction of teaching case library of the computer simulation technology

Using the case derived from the life or production in teaching is a very practical teaching method for training the students’ comprehensive ability of the professional course, by which the students can get a lot of targeted expertise, instead of the empty preaching. With the progress of Chinese over the past years, the professional knowledge the students learned is more and more abstruse, more and more refined, how effective organization of teaching cases, the distinguished in student learning, in order to achieve the purpose of their major, this is an important task the college teachers focus on. In conjunction with the teaching task of the computer simulation technology for professional type of postgraduate student, this paper puts forward and establish three levels of the teaching case library, which include the fundament- type, the profession-type, the extended-type and so on. Using of the cases, in the course of study, the postgraduate student can not only master the main content of the course, but also be exerted their autonomy and professional development interest.

Autonomy Isn’t Everything: Some Cautionary Notes on McCoy v. Louisiana

The Supreme Court’s May 2018 decision in McCoy v. Louisiana has been hailed as a decisive statement of the priority of the value of a criminal defendant’s autonomy over the fairness and reliability interests that also inform both the Sixth Amendment and the ethical obligations of defense counsel. It also appears to be a victory for the vision of client-centered representation and the humanistic value of the inherent dignity of the accused. However the decision is susceptible to being read too broadly in ways that harm certain categories of defendants. This paper offers a couple of cautionary notes, in response to McCoy, regarding the ethical obligations of defense counsel. The most important caution is that, as a matter of constitutional law and professional ethics, the preference for autonomy and the standard allocation of decision making authority presupposes a fully competent client, not a client who merely passes the extremely low constitutional bar of competency to stand trial. A client capable of participating in a fully autonomous way in the representation is far more than minimally competent. Where the client has diminished capacity to make adequately considered decisions in connection with a representation, the usual division of decision making authority within the lawyer-client relationship breaks down. The Supreme Court’s 2008 decision in Indiana v. Edwards muddles the issue considerably by recognizing a gray area between competency to stand trial and entitlement to self-representation under Faretta v. California. The self-representation right in Faretta is based on the same autonomy interests that animate McCoy. Autonomy is a capacity, and the Edwards decision questions whether a client lacking this capacity can participate in the representation in the usual way. Edwards therefore casts considerable doubt on whether autonomy should have the same priority over fairness and reliability interests in a representation involving a borderline-competent defendant. Observing that a lawyer’s decision has the effect of limiting the client’s autonomy is the beginning of the recognition of a complicated issue, not the end of the analysis. In many cases the lawyer should respect a client’s fully-informed decision regarding the representation. There will be other cases, including the representation of questionably competent clients, in which the client’s autonomy interest must be subordinated to other legal values. This ranking should not be conducted on an ad hoc basis but in a principled way. This paper therefore proposes a sliding-scale approach to autonomy and other professional values, in which the most important consideration is a balance between the importance of the decision and the client’s capacity to participate in a meaningful way in the representation. A clearly competent, well-informed client still has the right to make what a lawyer believes to be unreasonable decisions regarding the representation. However, the threshold for concluding that a client is competent and a decision is fully informed should be set sufficiently high to ensure the protection of “gray area” client and also to provide appropriate incentives to trial counsel to conduct a thorough investigation and mount an effective defense.

Conditional Autonomy

Current developments in the Swedish news business have resulted in clashes between the professional stands of journalists and the incentives of their managers, or—from a theoretical perspective—a confrontation between discourses of journalistic professionalism and managerialism. While professionalism includes values of autonomy, self-regulation and public interest, managerialism on the other hand promotes business ideals, standardisation and organisational efficiency. Above all, it promotes a centralised management model of line control at the cost of collegial decision-making and peer review. But what does this mean in practice? In what situations does the negotiation between those discourses arise in everyday news work and how does it affect the autonomy of journalists? This paper aims to answer those questions by focusing on the experiences of Swedish journalists working in the tension field between professional and managerial discourses. This empirical study includes observation studies as well as interviews with journalists and their managers in four Swedish daily newspapers. The results clearly reveal a conditioned journalistic autonomy, and shows how professional ideals are tarnished. The economistic view of journalistic activities is forcefully and successfully implemented by management.

Professor or manager? A model of motivational orientations applied to preferred career paths

Integrating Deci and Ryan’s self-determination theory, McClelland’s acquired needs theory, and more fine-grained indicators of work-related tasks, we (a) investigated the possible co-existence of global and specific motivational factors based on a new instrument and (b) used them to predict the goals of becoming a professor or a manager. We collected data from more than 3000 doctoral students and doctorate holders from the STEM fields at five measurement points. Bifactor exploratory structural equation modeling confirmed a hierarchical taxonomy. Both career goals were predicted by global and specific motives. Strong needs for power, income and leadership predicted aspirations to a management career. Motivational factors predicting the professorship goal were strong needs for competence, autonomy, and creativity, and low interest in income.

Informing offspring of their conception by gamete or embryo donation: an Ethics Committee opinion

This document discusses the ethical implications of informing offspring about their conception using gamete or embryo donation. It replaces the 2013 ASRM Ethics Committee document of the same name (Fertil Steril 2013;100:45-9).

Local autonomy, municipal size and local political participation in Europe

ABSTRACT Local autonomy in Europe has, on average, increased since 1990 and has decreased (a little) since 2009. The average population size of a European municipality has increased continuously during the last two decades. European countries with larger municipalities do not have more local autonomy. Citizens of large municipalities are less interested in local political matters. Inhabitants of small municipalities tend to be more interested in local political matters when their municipalities have more local autonomy while a similar strong correlation between local autonomy and local political interest cannot be established for larger municipalities. Finally, a discrepancy exists between the stated policy objectives of many European countries that support both decentralization and (more) local political participation on the one hand and actual policy results on the other hand that are not necessarily in line with increasing local autonomy and stimulating local political participation.