Disadvantaged Position Research Articles

Utilizing Traditional Knowledge for Development in Sri Lanka: A Legal Analysis with a Special Emphasis on Intellectual Property Law

Traditional Knowledge was not originally recognized as a part of the realm of intellectual property rights as its unique attributes did not align with the theoretical underpinning of intellectual property rights. Nevertheless, an emerging trend occurred with Traditional Knowledge becoming susceptible to unauthorized appropriation by third parties without sharing benefits with the knowledge holder, which was commonly referred to as biopiracy. Consequently, developing nations, along with indigenous communities, started advocating for an expansion of the scope of intellectual property law to protect and preserve Traditional Knowledge. Sri Lanka, often renowned for its cultural and biodiversity richness, is a treasure trove of Traditional Knowledge. However, the absence of an adequate legal framework addressing Traditional Knowledge, coupled with a number of failed Legislative attempts such as the Genetic Resources – Access and Benefit Sharing Act of 2000 and 2009 Bill has placed Sri Lanka in a disadvantageous position. Therefore, it is the objective of the researcher to introduce a comprehensive legal framework related to Traditional Knowledge, under IP law, considering the rights of the knowledge holders and the potential for commercialization to achieve the development of the country. This study looks at international standards and Indian laws and policies to gain insights on enhancing the Sri Lankan legal framework. Consequently, the researcher proposes several defensive and positive measures that can be implemented to strengthen the legal framework pertaining to Traditional Knowledge in Sri Lanka. The researcher finds that Sri Lanka could benefit from a sui generis law that takes into account the dual objectives of creating value from Traditional Knowledge and safeguarding the rights of knowledge holders, thereby promoting the country's development.

Consequences of Technology Path-Dependence and Lock-In for Latecomers in Economic Development

Economic development is generally understood to reflect an expansion of technological capability. Technological change is path dependent. Technology systems lock in on standards. These factors impose constraints on latecoming developing countries, where agents have to master processes that are compatible with established standards in order to integrate into a global technology system. Their integration, furthermore, tends to happen under a specific socio-economic umbrella, to wit the business, economic, and political power structures of the global north. The constraints on latecomers that path dependence and lock-in suggest in this context impose potential obstacles for an instrumental use of the potential that economic development offers for general human development. An integration into global production structures can result in a perpetuation of disadvantaged positions unless specific, for instance geopolitical, factors counter technological and institutional dynamics. This analysis of economic development processes complements results formulated under dependency theory and financialization frameworks.

It's Time to Break Up: Dynamics Surrounding Young-Established Firm Alliance Duration

While young firms often benefit from their relationships with established firms, these relationships can be risky. Hence, during their relationship with established firms, young firms must constantly monitor signs of a failing partnership and terminate it before being in a disadvantageous position. However, discontinuing the alliance with an established firm can also be risky, especially if the young firm has limited alternative collaborative opportunities. Our study adopts the young firm's perspective and dynamically weighs the tradeoffs between the risks of continuing and discontinuing its relationship with established firms, thereby deciding on its termination. We first develop an analytical model to understand how the alliance duration (time from alliance formation to termination) between young and established firms is affected by alliance, firm, and industry characteristics. We then test the resulting hypotheses on a sample of 1,111 alliances with licensing deals formed between 159 established pharmaceutical firms and 448 young biotechnology firms during the 1986 to 2000 period, which straddles the technological discontinuity of combinatorial chemistry. Our empirical results provide partial support for the hypotheses derived from the analytical model, informing us of firms’ rational alliance duration decisions as well as their deviations from rationality. In presenting both optimal alliance duration decisions and suboptimal alliance duration practices, our mixed-method approach offers important implications for theory and practice.

NURTURING DOMESTIC OPEN-SOURCE TALENTS TO EMPOWER NEW-QUALITY PRODUCTIVITY: CONNOTATIVE CHARACTERISTICS AND DIRECTION OF PROMOTION

The domestic open source industry is showing a vigorous development trend, with many industrial-level open source projects springing up, injecting new vitality into China's independent innovation and industrial development. However, in the face of global competition, we must face up to the challenges we are currently facing. China's open source community is still in a disadvantageous position on the international stage. There is a significant gap between the performance of enterprises in the open source field and that of foreign countries, and there is also a serious shortage of open source talent reserves in domestic universities. In view of this, this article deeply analyzes the shortcomings in the development of open source industry talents, focuses on how to inject strong impetus into new productivity, and deeply explores the connotation characteristics and promotion path of open source talent cultivation, emphasizing the key role of open source talents in the formation of new productivity. Based on these analyses, this article proposes a series of countermeasures and suggestions, including supporting the development of open source communities, strengthening the construction of open source talent teams in enterprises, strengthening the cultivation and echelon construction of open source talents in universities, integrating talent elements and scientific and educational resources, and exerting the siphon effect of talents, aiming to help China achieve a leading position in the open source industry and promote the sustainable development of new productivity.

Perceived discrimination and refraining from seeking physician’s care in Sweden: an intersectional analysis of individual heterogeneity and discriminatory accuracy (AIHDA)

BackgroundDiscrimination may further impede access to medical care for individuals in socially disadvantaged positions. Sociodemographic information and perceived discrimination intersect and define multiple contexts or strata that condition the risk of refraining from seeking physician’s care. By applying analysis of individual heterogeneity and discriminatory accuracy (AIHDA) we aimed to improve the mapping of risk by considering both strata average risk differences and the accuracy of such strata risks for distinguishing between individuals who did or did not refrain from seeking physician’s care.MethodsWe analysed nine annual National Public Health Surveys (2004, 2007–2014) in Sweden including 73,815 participants. We investigated the risk of refraining from seeking physician’s care across 64 intersectional strata defined by sex, education, age, country of birth, and perceived discrimination. We calculated strata-specific prevalences and prevalence ratios (PR) with 95% confidence intervals (CI), and the area under the receiver operating characteristic curve (AUC) to evaluate the discriminatory accuracy (DA).ResultsDiscriminated foreign-born women aged 35–49 with a low educational level show a six times higher risk (PR = 6.07, 95% CI 5.05–7.30) than non-discriminated native men with a high educational level aged 35–49. However, the DA of the intersectional strata was small (AUC = 0.64). Overall, discrimination increased the absolute risk of refraining from seeking physician’s care, over and above age, sex, and educational level.ConclusionsAIHDA disclosed complex intersectional inequalities in the average risk of refraining from seeking physician’s care. This risk was rather high in some strata, which is relevant from an individual perspective. However, from a population perspective, the low DA of the intersectional strata suggests that potential interventions to reduce such inequalities should be universal but tailored to the specific contextual characteristics of the strata. Discrimination impairs access to healthcare.

Understanding the relationship between perceived accessibility, housing and transport equity of different types of residents: A structural equation modelling approach

This study uses structural equation modelling (SEM) to analyse the relationship between perceived accessibility, housing and transport equity and their influencing factors in Nanjing, China. It aims to address the current shortfall in studies to compare differences in perceived (rather than objective) measures of accessibility using a transport equity lens. A comparison sample of 664 affordable housing residents and 828 commercial housing residents living in different locations across the city was collected through an online survey. The research shows that affordable housing residents are in a more disadvantaged position than commercial housing residents based on their perceived accessibility, housing and transport equity evaluation results are all worse than those of commercial housing residents. Therefore, two SEM models were constructed to understand the underlying factors driving these perceptions. The results show that both housing location and transport provision significantly affect perceived accessibility, housing and transport equity. Improving people’s transport affordability is the most effective way to improve perceived accessibility, and transport equity for both groups, however, improving the housing environment is more critical for affordable housing residents, while improving housing affordability is more important for commercial housing residents.

Intergroup contact, outgroup knowledge and advantaged group collective action: can who you know and what you know promote social change?

Some groups in society unjustly hold greater social, economic, and political power over others, placing some groups in more advantaged and others in more disadvantaged positions. One way to challenge group-based inequality and promote social change is through collective action (e.g., protests, petitions, advocating). Most often, disadvantaged group members engage in collective action. However, when advantaged group members engage in solidarity-based collective action, it can heighten a movement's momentum. Four motivators of collective action among advantaged (and disadvantaged) group members have been identified: identification with the cause, anger about injustice, morality, and group efficacy. We examined what precedes these motivations regarding White Canadians' collective action benefitting Indigenous communities and White Americans' collective action benefitting Black communities. We examined two potential antecedents of advantaged group collective action motivation, intergroup contact and knowledge about the outgroup. In both samples, intergroup contact and knowledge of the outgroup were consistently indirectly associated with collective action through identification with the cause as well as through identification with the cause and anger about injustice. Of the multiple forms of intergroup contact and knowledge examined, the strongest associations were observed for higher quality contact and knowledge of systemic racism. These results have implications for both theory and intervention.

The Law of Finding Lost Movable Property in England, Germany and Scotland

Abstract The law of finding lost movable property is not only a practically significant but also doctrinally fascinating topic, which has, however, only rarely been treated comparatively. Therefore, the article analyses to what extent a common core exists between a civil law (Germany), mixed (Scotland) and common law (England) legal system and whether the three jurisdictions achieve the purposes of the law of finding. In light of the scarcity of legal literature, the article is the first detailed treatment of the subject in Scots law. It does not only demonstrate that the common core between all three jurisdictions is remarkably small but also that German and Scots law are notably similar, while English law generally takes the opposite legal approach, indicating that Scots law is more related to civil than common law in this field. Moreover, in contrast to both Germany and Scotland, England does, because of the disadvantageous legal position of the finder, not accomplish the purposes of the law of finding; that is, neither (primarily) restoring possession of lost property to its owner nor (secondarily) freeing the finder from the burden of safekeeping found property for the owner. Consequently, legislative reform of English law is indicated.

세종대 풍수학에 대한 인식과 그 실상 - 세종 15년(1433) ‘풍수학’ 설치 과정을 중심으로

This paper aims to explore the actual state of geomancy (pungsu, 風水) in the early 15th century and examine perceptions of geomancy from various perspectives by investigating the process of establishing the “Pungsuhak (風水學)” organization. In the seventh month of the 15th year of King Sejong (世宗)'s reign (1433), a debate arose in the court over the auspicious site of Gyeongbok-gung (景福宮) Palace, initiated by the geomancer Choi Yang-seon (崔揚善). This led to a geomantic debate in the court, reigniting the controversy over the mountain pass next to Heolleung (獻陵), which had been raised but remained unresolved in the 12th year of Sejong's reign (1430). Despite opposition from his officials, King Sejong ordered scholars from the Jiphyeonjeon to study geomantic texts to resolve the issues. He formalized the scholars' research duties by assigning them official titles and establishing the “Pungsuhak” organization. The establishment of “Pungsuhak” faced considerable opposition. The key points of contention were threefold: first, that geomancy should not be discussed in royal lectures; second, that geomancy was not a subject worthy of the king's personal study; and third, that the Jiphyeonjeon should not be engaged in the study of geomancy. King Sejong countered these objections by citing Zhu Xi (朱熹)'s example, arguing that discussing geomancy was not beyond the scope of a Confucian scholar's duties, and he proceeded with the research through the “Pungsuhak” organization. At the time, two other organizations oversaw geomancy: the Seoun-gwan (書雲觀), an administrative body, and the Yin-Yang Studies (陰陽學) of the Ten Schools (十學), an organization responsible for education and examinations. However, when the geomantic debate arose, Sejong chose not to utilize these existing organizations but instead established the “Pungsuhak” organization, entrusting the scholars of Jiphyeonjeon with the study of geomancy. Consequently, the geomancy departments within the Seoun-gwan and Yin-Yang Studies remained in a disadvantaged position.

Time-related underemployment in Indian agro-based industry during Covid-19.

COVID-19 has adversely affected the different aspects of work and society. Due to the decline in economic activity globally, employees were exposed to conditions in which they were forced to work for reduced working hours leading to an increase in time-related underemployment. The goal of the present study was to determine the extent of time-related underemployment and the rate of unutilized labor resource in the Agro-based Industry. This study was conducted with 500 middle-level and lower-level executives working in the Textile Industry and Food and Beverage Industry. Time-related underemployment is defined as a situation in which employees worked for less than 48 hours per week and were available and willing to work for additional hours. It was measured with both objective and subjective measures. Data was analyzed through percentages, mean, t-test, independent t-test, and chi-square. Results showed that Time-related underemployment in the Food and Beverage Industry was 5.00% as compared to the Textile Industry with 3.08%. The majority of employees were moderately underemployed both in the Textile Industry and Food and Beverage Industry. The rate of unutilized labor resource was more in Textile Industry (9.9%) as compared to Food and Beverage Industry (9.2%). However, the difference in both the industries was found to be insignificant (p > 0.05). COVID-19 has exposed many workers to the disadvantageous position of working fewer hours than the pre-determined threshold hours for full-time work. Therefore, proper strategies need to be adopted to properly use the labor resource of the economy.

Maternity leave reform and women's labor supply: Evidence from China

China has extended maternity leave to encourage childbirth. This study specifically investigates the effects of China's maternity leave reform (MLR) on women's labor supply, utilizing a difference-in-difference analysis with data from the China Family Panel Studies. Our findings show that MLR leads to a notable decrease in women's working hours, with an average reduction of 2.6 h per week. However, no corresponding impacts are observed in men's labor supply. Mechanism analysis suggests that these effects may stem from women facing more disadvantaged positions in the labor market, having increased intentions for fertility, and experiencing heightened household responsibilities. These findings hold significant implications for the future design and implementation of childbirth promotion and gender equality policies.

A qualitative study of the experience of doula support to women in socially disadvantaged positions in Sweden: The voices of women and doulas

BackgroundWomen in socially disadvantaged positions face increased risk of fear of birth, birth complications, and postpartum depression, highlighting the need for targeted interventions for this group. Doula support is associated with positive emotional and medical outcomes for mother and child. Experience of doula support for women in socially disadvantaged positions in Sweden remains unexplored. AimTo describe experiences of doula support within a project for women in socially disadvantaged positions in Sweden. MethodsIn-depth interviews with seven women and focus group discussions with twelve doulas in a Doula support project were conducted. Data was analysed with inductive content analysis. ResultsWomen and doulas described experiences of doula support as a significant relationship with challenges, due to unclear boundaries for the support, and the time and trust needed to establish the relationship. The support was perceived as comprehensive, far exceeding traditional doula support, with extensive assistance provided postpartum. The project was regarded as meaningful, and that it led to positive birth experiences. ConclusionsWomen in socially disadvantaged positions may benefit from doula support during the perinatal period. The support fosters feelings of calmness, security and empowerment, and alleviates feelings of isolation, which is crucial for a positive birth experience. Support for these women is complex due to increased social needs, leading to unclear expectations of the doula’s role. Support from colleagues is deemed crucial. Future projects should establish clear frameworks and a supportive structure for doulas.

The Dilemma of Women in the Workplace

Influenced by historical factors, women are often in a disadvantaged position in the workplace and in life. First of all, in the workplace, sometimes women and men are not paid equally even though they make the same contributions in the workplace. In addition, society often assumes that women need to take care of the family, resulting in women needing to adjust the balance between work and family. At the same time, men often do not have this problem. Second, young women entering the workforce are often vulnerable to sexual harassment by male leaders and bosses. This adds to the difficulties women face in the workplace. These inequalities are fundamentally caused by the subconscious existence of gender inequality in society and disrespect for women. This unequal treatment inhibits the enthusiasm of female employees and is not conducive to the guarantee of work efficiency. This paper analyzes the dilemma of women in the workplace and the causes of these difficulties, aiming to propose solutions to help women get out of the dilemma in the workplace, further realize gender equality in social status, and protect women's human rights.

Investigating Power and Control: Uses Of ‘Invariant Tag’ Questions in Malaysian Criminal Trials

This paper examines invariant tag questions in the 16 Malaysian criminal proceedings (MAYCRIM) corpus, focusing on their role in cross-examination. Cross-examination questions are pivotal as they elicit information and confirmations from witnesses while allowing them to narrate events. Using a corpus-based forensic discourse analysis, the study combines quantitative and qualitative methods to uncover patterns in tag question usage. Five common agreement tags—do you agree, agree/setuju, correct/betul, particle tak/not, and do you know—are identified as tools for Malaysian barristers to exert coercive pressure on witnesses. The critical analysis reveals a preference for the tag do you agree due to its coercive power. The paper concludes with a discussion on the theoretical and pragmatic implications of these findings for bilingual adversarial systems or postcolonial jurisdictions. It also highlights the disadvantaged position of laypeople in bilingual courtrooms, offering insights and proposing potential solutions to address these challenges.

The increase in earnings inequality in Italy: The role and persistence of atypical contracts

This paper investigates the factors that shape earnings inequality, using administrative matched employer‐employee data from the Italian Social Security Institute (INPS), between 1990 and 2021. It reveals that inequality in annual earnings rose steadily over time according to various measures, such as the Gini index, the interquartile ranges, and the variance. When exploring the mechanisms behind such an increase, it shows that the rise in inequality is driven by the quantity of work, which varied heterogeneously across workers, as atypical contracts (e.g., part‐time and fixed‐term) became widespread in the economy. We compare these measures based on the annual compensation of workers with those based on full‐time equivalent weekly wages, which display a much less dispersed evolution over time, except during the double‐dip recession in 2008–2012. Finally, we document a large persistence, increasing over time, in disadvantaged positions both in the short‐ and in the long‐run.

Temporal dynamics of socioeconomic inequalities in depressive and anxiety symptoms during the COVID-19 pandemic: a scoping review.

The existence of socioeconomic inequalities in the prevalence of symptoms of depression and anxiety is widely acknowledged, and individuals from lower socioeconomic backgrounds tend to exhibit higher rates of symptoms. However, the direction in which the COVID-19 pandemic has influenced these disparities remains uncertain. We therefore aimed to systematically outline the available evidence on the temporal dynamics of socioeconomic inequalities in symptoms related to depression and anxiety during the COVID-19 pandemic across high-income countries. A scoping review was conducted by searching the databases Embase, Scopus and PsycINFO. According to pre-defined eligibility criteria, two reviewers independently screened titles and abstracts as well as full texts of the compiled records. Data from the included studies were extracted using a standardised data-extraction form and analysed numerically and narratively. The scoping review followed the PRISMA-ScR guidelines. A total of 49 studies comprising 149 analyses of socioeconomic indicators in relation to symptoms of depression and anxiety were included. Despite heterogeneous study designs and results, there was a tendency of increasing (40.9%; n = 61) or persistent (38.2%; n = 57) inequality trends to the detriment of those in socially more disadvantaged positions. Increasing inequalities were most pronounced when income was used as a socioeconomic indicator. Groups with lower socioeconomic status appeared most vulnerable in the initial phase of the COVID-19 pandemic. Throughout the pandemic, dynamics were diverse, with persistent trends most frequently reported. Overall, to the detriment of those with lower socioeconomic status, mental-health inequalities persisted or increased in most analyses. Continually monitoring socioeconomic inequalities over time is crucial, since this makes it possible to adapt prevention and intervention strategies to specific pandemic phases. Interventions targeting job security, income security and educational attainment could reduce mental-health inequalities. The results can contribute to preparedness plans for future pandemics and crises.

Racial and Socioeconomic Differences Correlate with Healthcare Disparities in Patients with Diabetic Retinopathy

Diabetic retinopathy (DR), an ocular complication of diabetes mellitus, is the leading cause of permanent blindness in the United States for young adults. Due to biological and environmental factors, diabetes mellitus is well known to disproportionally affect people of color and those of lower socioeconomic status; however, the racial and socioeconomic disparities of DR are less researched. The purpose of this research is to elucidate any differences in DR presentation that arise across racial and socioeconomic lines and to determine if diabetic control can be a predicting factor for DR severity. For this study, a retrospective patient chart analysis was performed on 511 consecutive newly referred patients with diabetes at New England Retina Associates, a vitreo-retinal ophthalmology practice with four locations throughout Connecticut. Our analysis shows that, when compared to their White and Asian counterparts, Black/African American and Hispanic patients present with DR at younger ages, had the higher HbA1c, were uninsured at higher rates, and presented with severe forms of DR in higher rates when compared to their counterparts. Many of these patterns are mirrored in patients that are uninsured or on Medicaid, indicators of lower socioeconomic status. Additionally, regardless of race or socioeconomic status, patients with higher HbA1c tended to present with more severe forms of DR. These findings indicate that DR disproportionately affects racial minority populations and those in socioeconomically disadvantageous positions, but effective glycemic control and routine eye exam screening can improve the outcomes of these patients. It is important for medical providers to recognize the disparities in these vulnerable populations in order to facilitate the timely referrals and the proper care for their long-term ocular health.

Exploring the Social Role of Contemporary Women from the Perspective of the Lack of Historical Female Characters

Historically, women have been underrepresented in literature, the arts, and historical records, and their achievements and roles have often been marginalized or ignored. This phenomenon has led to an intriguing paradox: despite the fact that contemporary women have demonstrated strong abilities and potential in various fields, they are still usually considered to be in a disadvantaged position compared to men. This paper aims to explore the complex reasons behind the paradox of womens underrepresentation in history. To this end, it will review the lack of womens image in history, analyze the impact of social, cultural, and institutional factors on this lack of representation, and explore the gender issues that exist in contemporary society. The paper discusses in detail women's achievements in contemporary society, the embodiment of womens power, and the struggle for womens rights, demonstrating the strong capabilities and potential of contemporary women in many fields. The study concludes that the marginalization of women in historical narratives is a result of social structures, cultural norms, and institutional biases. Despite these challenges, contemporary women have made significant strides in various fields, suggesting that gender should not be a determining factor in assessing competence or potential. This paper argues for a greater awareness of gender equality and calls for a fairer and more inclusive reconstruction of historical narratives to ensure that the contributions of all genders are fairly recognized.

Poverty spells and economic freedom: Canadian evidence

Economic freedom is generally associated with higher average income levels, but does it benefit the very poor as well? Does it help them to escape their disadvantaged position? Does it reduce the probability of falling into low-income status? This paper deals with those questions using longitudinal data from Canada regarding the duration of low income spells, as well as entries and exits from low-income status from 1992 to 2020. Aggregated at the provincial level and inside a panel regression approach, these different indicators of low-income status are negatively related (i.e., less poverty) with the Fraser Institute’s Economic Freedom of North America (EFNA) index.

Forest Worker Households in the NFPP: Enhancing Sustainable Livelihoods through Capital and Transformation

The persistent conflict between strict conservation and community welfare highlights the growing need to address sustainable livelihoods in forest protection programs. The Natural Forest Protection Program (NFPP) is a comprehensive forest protection program spearheaded by the Chinese government. It is designed to facilitate the conservation and restoration of forest ecosystems through a range of interventions, including logging ban, management, tending, and afforestation efforts. Drawing upon longitudinal micro-level household survey data spanning five consecutive years from 2017 to 2021, this research quantifies the sustainable livelihood levels of frontline participants in the NFPP by examining two dimensions: livelihood capital stock and livelihood transformation capacity. Additionally, it investigates the internal differentiation phenomenon within this cohort. The findings suggest that forest worker households engaged in tasks related to forest management, tending, and afforestation are the frontline participants in the NFPP, in contrast to management, technical, and service personnel. Moreover, these forest worker households exhibit a pattern characterized by a higher livelihood capital stock but a lower livelihood transformation capacity compared to non-forest worker households. Furthermore, within forest worker households, there is a significant group differentiation phenomenon, resulting in inter-group differentials in the sustainable livelihood levels based on geographical and seniority stratification criteria. The developers of the global forest protection program should prioritize addressing the sustainable livelihood issues of frontline participants in the program, especially the real problem of mismatches between livelihood capital stock and livelihood transformation capacity. This can be achieved through designing income incentives, stimulating consumption, and other means to enhance the relatively disadvantaged position of frontline participants while balancing the coordination and fairness of the protection program based on the aspects of both protection and development.