Exercise Of Judgment Research Articles

Perceptions of the implementation of credit rating agency regulation in South Africa

Background: Credit rating agencies (CRA) played a key role in the global financial crises of 2007/2008 which led to the introduction of CRA regulation.Aim: Using Giddens’ theory of modernity as a framework, this article analyses experts’ perceptions of the implementation of the CRA regulation in South Africa.Setting: This article focussed on experts’ perceptions of CRA regulation in South Africa.Method: This qualitative article was conducted using detailed interviews with South African experts in the investing and credit rating industries. Interviews were conducted in 2013 and 2023. An interpretive approach was adopted to analyse the data into themes, providing insight into the perceptions relating to the introduction of CRA regulation in South Africa.Results: While the introduction of CRA regulation in South Africa is a mechanism used to legitimise the capital system and encourage foreign investment, its applicability, considering the size of the country’s CRA market, is contentious. Credit rating agencies’ current business model is prone to conflicts of interest and no viable alternatives are available. Consequently, investors need to exercise judgement over their investment decisions instead of outsourcing their due diligence requirements to CRA without careful consideration.Conclusion: Credit rating agencies’ regulation in South Africa has further cemented CRA’s position in financial markets in line with global trends in this industry.Contribution: This article will allow policymakers, market participants and researchers to understand the perceptions of the CRA regulation in South Africa from a social constructivist perspective.

Demonstratio et veritas. Priestly oracles in Pseudo-Philo’s Liber Antiquitatum Biblicarum

Although shrouded in mystery, the oracles of the high priest (Urim and Thummim) have often been the subject of curious interest in the literature of the Second Temple, as well as in the Liber Antiquitatum Biblicarum (L.A.B.). The present research studies the mentions of this device in Pseudo-Philo’s narrative to shed new light on its configuration, role, and function. Despite the attempts made by recent scholarship to distinguish and separate them from the priestly attire, the most plausible hypothesis is to consider Pseudo-Philo’s understanding of Urim and Thummim as light-giving stones, closely related to the ephod, used by the high priest especially when he has to exercise judgment. Thus, such objects gain importance in reconstructing the peculiar significance of priesthood in L.A.B. In this framework, the strange narrative of L.A.B. 25–26 about the idolatrous stones replaced by new luminous ones becomes more intelligible.

Measures of Ethics and Social Responsibility Among Undergraduate Engineering Students: Findings from a Longitudinal Study

Prior research on engineering students’ understandings of ethics and social responsibility has produced mixed and sometimes conflicting results. Seeking greater clarity in this area of investigation, we conducted an exploratory, longitudinal study at four universities in the United States to better understand how engineering undergraduate students perceive ethics and social responsibility and how those perceptions change over time. Undergraduate engineering students at four U.S. universities were surveyed three times: during their 1st (Fall 2015), 5th (Fall 2017), and 8th semesters (Spring 2019). The students who completed all three surveys (n = 226) comprise the sample that was analyzed in this paper for changes in their scores on five instruments: Fundamentals of Engineering/Situational Judgment, Moral Disengagement, ABET Engineering Work and Practice Considerations, Macroethics, and Political and Social Involvement Scale. We found that students modestly increased their knowledge of ethics and ability to apply that knowledge in situations calling for them to exercise judgment. In addition, they consistently indicated that health and safety considerations in engineering were of highest importance. They also showed steady levels of social consciousness over time, in contrast to other studies which detected a culture of increasing disengagement in engineering students throughout the four years of their undergraduate studies.

Return-to-Work Coordinators' Perceptions of Their Roles Relative to Workers: A Discourse Analysis.

This paper describes how Canadian Return to Work coordinators (RTWC) framed their job roles relative to workers in ways that went beyond the usual professional norms of helping worker recovery. In-depth interviews were conducted with 47 RTWCs across Canada in 2018-2019. We used critical discourse analysis to analyze the way coordinators viewed workers in the complex, multi-stakeholder system of RTW. We identified four ways that RTWCs positioned themselves relative to workers: as trust builders, experts, detectives and motivators. These roles reflected RTWCs position within the system; however, their discourse also contributed to the construction of a moral hierarchy that valued worker motivation and framed some workers as attempting to exploit the RTW system. RTWCs' positions of power in the coordination process warrant further investigation of how they exercise judgement and discretion, particularly when the process depends on their ability to weigh evidence and manage cases in what might be seen as an objective and fair manner.

Implementacija politike bezbednosti hrane u Evropskoj uniji - uputstva, raznovrsnost i rešavanje izazova

The paper explores the intricate landscape of implementing food safety policies within the European Union (EU) context. Through an examination of key themes, including discretion and enforcement of policies, the EU's problem-resolution strategies, and the concept of individualization that surpasses mere adherence to laws, the paper sheds light on the complexities and nuances inherent in ensuring food safety across the diverse member states. The paper scrutinizes the role of discretion in the enforcement of food safety policies within the EU. It delves into how regulatory bodies exercise judgment in interpreting and applying policies, taking into account the varying contexts and challenges faced by member states. The discussion highlights the need for a balanced approach that considers both uniformity in enforcement and flexibility to address specific regional or sectoral requirements. Further, the paper focuses on the EU's problem-resolution strategies concerning food safety policies. It explores the mechanisms in place for identifying and addressing challenges that arise during the implementation phase. This includes an analysis of coordination among member states, collaboration with stakeholders, and the role of regulatory bodies in mitigating issues and fostering a harmonized approach to problem-solving. In the end, the paper introduces the concept of individualization, emphasizing how a diverse range of policies and practices exists beyond mere adherence to overarching laws. This section explores the unique approaches taken by member states in tailoring food safety policies to suit their specific circumstances. It investigates the benefits and potential challenges associated with such individualization, considering its impact on overall policy effectiveness and coherence.

Overwhelming Complexities: Between Rome and Jerusalem

Abstract In the search for an understanding of the complexities that could have led such a “banal” man as Adolf Eichmann, to stand trial in Jerusalem for crimes against Humanity – in the humanity of the Jewish People – one ought to go beneath the surface of contemporary events into the roots of an overwhelming hatred that enslaved Europe for far too long and with consequences beyond what imagination could have conceived within the limits of reason alone. In the pursuit for the “black hole” that brought European nations to a virtual ethical collapse, seriously damaging the capacity to exercise judgment, this article approaches one of the background dimensions of anti-Semitism which enabled the actions of men to structure evil in all but a “banal” manner. The second part of this study seeks alternative ways to conceive a relation between Judaism and Christianity.

Protection of People at Sea under International Law: Lesson Learnt from Pushback Action to boat people in Indonesia and Malaysia

People at sea, one of which is the Boat People, has become a problem not only for Europeans but also in Southeast Asia with increasing asylum seekers from Rohingya and migrants from Bangladesh. Southeast Asia is already facing the problem of boat people returning from the Vietnam Asylum. However, an old story becomes a new story that never ends in Southeast Asia when the strategist state to Sanctuary did not participate in the 1951 Geneva Convention. As a result, many people faced pushback and died or lost at sea. This research will discuss the extent to which “protection of persons at sea” and the “search and rescue” can cover the protection of boat people under UNCLOS 1982. This study also analyses how UNCLOS 1982 will work to protect boat people when states protect themselves with the "non-party Geneva Convention 1951". Researchers argued that protection for people at sea, and the of search and rescue cover all dangerous situations faced by all people at sea, even if they are asylum seekers or boat people. They must first be protected from danger at sea, brought ashore, and the territorial state can exercise judgment on them. The "non-state party" has become a shield for Indonesia, and Malaysia to reject boat people and even push boat people back from their territory. However, the two countries are part of the UNCLOS 1982 with the obligation to carry out search, rescue, and protect humans at sea. As a result, they must rescue them and bring them ashore first before they are deported or pushed back from their boats. To investigate the relationship between the protected “protection of persons at sea” and the “search and rescue” and boat people, this paper seeks to assess UNCLOS 1982, customary international law and related cases.

Dampak Magang Merdeka Belajar Kampus Merdeka Bagi Mahasiswa Akuntansi

An internship is an integral part of the higher education curriculum to broaden students' practical understanding of the real world. This research focuses on the Magang Merdeka Belajar Kampus Merdeka (MBKM) program, which was introduced by the Ministry of Education, Culture, Research, and Technology of the Republic of Indonesia in early 2020. The program aims to facilitate students' gaining real-world experience through relevant work practices in their field of study, thereby enhancing graduates' hard and soft skills. Therefore, this research aims to identify the skills acquired by accounting students during their participation in MBKM internship activities across various industries. This study utilized a survey method by distributing a Google Form through social media to accounting students throughout Indonesia who participated in the MBKM internship. The valid sample size obtained was 90 out of 105 eligible respondents, and the data was analyzed using descriptive statistical approaches. The analysis results indicate that the majority of surveyed students have made progress in both hard and soft skills required in the workplace. The majority of students agree that their internship has helped them enhance their confidence in working in the field of accounting and their abilities to work independently and solve problems autonomously, collaborate with others, present in front of the public, analyze data, and exercise judgment in task completion. This study also found that the internship program is effective in enhancing the skills required by the business and industry sectors, resulting in the majority of internship participants receiving job offers upon graduation

MONEY LAUNDERING FRAMEWORK FOR PROFESSIONAL ACCOUNTANTS: POST COVID-19

Background and Purpose: The Covid-19 pandemic has sparked global challenges, economic disruption, and an increase in related crimes, such as scams, fraud, and cybercrime. It has also changed the routines of individuals, businesses, and governments in combating financial crimes, especially professional accountants. As front-liners in the anti-money laundering (AML) regime, professional accountants play a vital role in combating financial crime, including money laundering activities that have risen during the pandemic. However, limited study has investigated the money laundering reporting framework for the professional accountants. Hence, this study aims to investigate the money laundering framework for professional accountants that suits the post-pandemic period.
 
 Methodology: This study conducted a content analysis, focussing on the current red flags for money laundering activities specifically for the professional accountants mentioned in prior literature and publicly available reports such as Financial Action Task Force (FATF), ICAEW and ACCA Global. Since this study focuses on the money laundering framework for the professional accountants, this study also referred to the MIA Competency Framework that highlights the importance of professional scepticism and professional judgement.
 
 Findings: Findings showed that professional accountants must exercise high professional scepticism and judgement when dealing with money laundering risk indicators related to related party transactions, beneficial ownership and e-commerce activities. This is to provide quality reporting to the authorities and to proceed with money laundering investigations.
 
 Contributions: This study will contribute to the regulators and professional accountant by proposing a money laundering framework for the professional accountants that would assist them in fulfilling their role as money laundering reporting entity.
 
 Keywords: Money laundering, professional accountants, professional scepticism, professional judgment, Covid-19 endemic.
 
 Cite as: Zolkaflil, S., Syed Mustapha Nazri, S. N. F., Mohd Razali, F., Ahmad Tarmizi, M., & Masum, M. H. (2023). Money laundering framework for professional accountants: Post Covid-19. Journal of Nusantara Studies, 8(TI), 235-256. http://dx.doi.org/10.24200/jonus.vol8issTIpp235-256

Workplace Violence Against Nurses in Canada: A Legal Analysis.

Workplace violence against nurses is a significant global occupational health problem, with incidents of violence increasing in frequency since the COVID-19 pandemic began. In this article, we provide a review of recent legislative amendments meant to bolster workplace safety in health care in Canada, analyze legal cases where nurses were the victims of violence, and discuss what these legal reforms and decisions reveal about how nurses' work is treated within the Canadian legal system. Under criminal law, the limited number of cases we could find with oral or written sentencing decisions show that, historically, the fact a victim was a nurse was not always considered an aggravating factor on sentencing. Recent legislative amendments make this a specified aggravating factor and it is important to track the impact of these amendments when judges exercise their discretion in sentencing. Under employment law, it appears that, despite the government's efforts to increase the deterrence factor under legislation with significantly increased fines for employers who fail to protect their employees from injury, courts remain reluctant to impose such sanctions. In these cases, it is also important to track the impact of harsher penalties. We conclude that combating the widespread normalization of workplace violence in health care, and specifically against nurses, is acutely needed to help ensure that these ongoing legal reforms aimed at improving the safety of health workers are effective.

Argumentative Representation and Democracy: A Critique of Alexy's Defense of Judicial Review of Legislation

AbstractRobert Alexy has argued that the democratic objection to judicial review of legislation can be successfully addressed by assuming that judges exercise a special form of argumentative representation. In this article we argue that Alexy does not explain (as he should) under what circumstances judicial review tends to produce better decisions than parliamentary procedure, nor does he explain how judicial review can have a greater intrinsic value than parliamentary procedure. Subsequently, we argue that the intrinsic value of argumentative representation depends on the promotion of citizen deliberation, whereas its instrumental value depends on judges being committed to the rights of discrete and insular minorities in the face of hostile majorities.

Auditor health and audit outcomes before COVID-19

This study examines whether influenza-like illnesses (ILIs), a potential threat to the conduct of public company audits, are associated with audit outcomes. Because the peak months of flu season overlap with audit busy season, audit offices most at risk of ILIs may be adversely affected. The demanding nature of audit busy season and the culture of audit firms may compel employees to go to work sick, a phenomenon known as presenteeism. When auditors go to work with flu-like symptoms, cognitive functioning is impaired, resulting in brain fog. This impairment may influence auditors’ ability to exercise judgment and professional skepticism, leading to adverse outcomes. Using data collected from the Centers for Disease Control and Prevention (CDC) we find that the filing of audit reports is delayed and audit quality suffers in audit offices most at risk of influenza-like-illnesses. The observed effects of health impairments on company outputs have broad implications for both the audit profession and workplaces as a whole.

Affective Response to Exercise and Affective Judgments as Predictors of Physical Activity Intention and Behavior among New Mothers in their first 6-Months Postpartum.

Understanding the predictors of moderate to vigorous physical activity (MVPA) during early postpartum is important to improve promotion efforts. Affect-related constructs are key predictors of MVPA but have limited research in mothers during the postpartum period. To examine two affect-related constructs (affective response to exercise and affective judgments) as predictors of MVPA intention and behavior across three months, among a sample of new mothers. Participants were 105 mothers (M age = 30.64 years; SD = 3.93) who completed measures during postpartum at 2-months post-birth of their first child. The affective response to exercise (assessed at baseline [2-months postpartum] during a submaximal treadmill test), affective judgments and intention (baseline, 6-weeks after baseline), and MVPA (baseline, 6- and 12-weeks after baseline) were assessed via self-report. Path analysis, using ordinary least squares regression, showed that the affective response during exercise was a significant predictor of intention (baseline, 6-weeks), as well as change in intention from baseline to 6-weeks. By contrast, affective judgments predicted intention at 6-weeks, but not at baseline or in the change model. Past MVPA did not moderate these findings, although the affective response during exercise also had a significant indirect effect on MVPA through intention at 6-weeks and 12-weeks. Interventions targeting women's affective response during exercise may be important during postpartum, perhaps through self-paced physical activity guidance. Affective judgments may not be predictive of MVPA, in part due to unanticipated changes during early postpartum leading to inaccurate expectations of the physical activity experience.

From Knightian uncertainty to real‐structuredness: Further opening the judgment black box

AbstractResearch SummaryEntrepreneurial judgment remains a concept that resembles a black box. This article attempts to further open that black box by developing a dimensionalization of types of judgment. To achieve this, it joins recent efforts to explicitly link entrepreneurship to Simonian themes by integrating the notion of decision problem structures into the judgment‐based approach (JBA) to entrepreneurship. This article proposes a more comprehensive and nuanced approach to judgment in the face of decision problems we label “real‐structured.” Extending the JBA comes with several important implications: It uncovers additional entrepreneurial knowledge problems, provides new insights for both economic organization and judgment communicability, and informs research on entrepreneurial success and failure. It also sheds new light on the controversy over the relationship between effectuation and judgment.Managerial SummaryWhen taking decisions, entrepreneurs cannot know how the future will pan out. Those decisions are made under conditions of uncertainty and only time will tell whether they prove astute or otherwise. The uncertainty of the future leads entrepreneurs to exercise judgment based on their individual beliefs and to act accordingly. The components of that entrepreneurial judgment remain rather underexplored. The purpose of this article is to dig deeper into, and thereby improve, the understanding of entrepreneurial judgment. The main result of this article is a four‐part dimensionalization of judgment, covering entrepreneurial (sub‐)judgments on the effects incurred by action, the appraisal of action alternatives, the goals underlying action, and resolving the decision problem.

At forholde sig professionelt

The aim of the article is to present the concept professional Bildung and use it to throw light on the professionalism of the social educator. The assumption is that Bildung as a form of character formation will be highly relevant in the labor market in the future. Professional Bildung is a concept for this and is defined as the capacity to relate professionally in one’s work. Based on a presentation of the concept, we analyze acts on educational aims and discussions of professionalism of the social educator. Furthermore, we analyze examples of relating creatively and innovatively as a social educator from project LegeKunst, which aims at promoting play and Bildung through art and culture. In the discussion, we argue that the professionalism of the social educator is exemplary for professional Bildung in the sense that the social educator relates to open situations and exercise judgment. Furthermore, the analysis of LegeKunst indicates that relating creatively and innovatively concerns the readiness of the social educator to play along and change his or hers educational practice. At the end, we compare these findings with the professionalism of the teacher, which appears to differ from the social educator in that teaching to a larger degree includes specific professional tasks and goals.

Cybersecurity Leaders: Knowledge Driving Human Capital Development

Abstract Cybersecurity leaders must be able to use critical reading and thinking skills, exercise judgment when policies are not distinct and precise, and have the knowledge, skills, and abilities to tailor technical and planning data to diverse customers’ levels of understanding. Ninety-three percent of cybersecurity leaders do not report directly to the chief operating officer. While status differences influence interactions amid groups, attackers are smarter. With the aim of protecting organizations and reducing risk, knowledge about security must increase. Understanding voids are costly and increased breach chances are imminent. Burning questions exist. What are needed technological learnings for cybersecurity leaders to become smarter and remain ahead of attackers? How might these technologies hasten the understanding of the ‘what,’ ‘how,’ and ‘why’ reasons and key drivers for organizational behaviors. This article offers comparative analyses for cybersecurity leaders to engage in the questioning of practices, scrutinize entrenched assumptions about technology, customary practices, and query technology’s outputs by pursuing to comprehend all assumptions that could influence operations. Because understanding continues to rely upon progressively multifaceted epistemic technologies, outcomes of the research suggest that the salience of status distinctions is of central significance to the development of ongoing and proactive technological learning and up scaling solutions.

Strategies for Transfer From Methadone to Buprenorphine for Treatment of Opioid Use Disorders and Associated Outcomes: A Systematic Review.

Objectives:To review the currently available evidence on transfer strategies from methadone to sublingual buprenorphine used in clinical trials and observational studies of medication for opioid use disorder treatment, and to consider whether any strategies yield better clinical outcomes than others.Methods:Six medical and public health databases were searched for articles and conference abstracts. The Cochrane Central Register of Controlled Trials and the World Health Organization International Clinical Trials Registry Platform were used to identify unpublished trial results. Records were dually screened, and data were extracted and checked independently. Results were summarized qualitatively and, when possible, analyzed quantitatively.Results:Eighteen studies described transfer from methadone to buprenorphine. Transfer protocols were extremely varied. Most studies reported successful rates of transfer, even among studies involving transfer from high methadone doses, although lower pretransfer methadone dose was significantly associated with higher rate of successful transfer. Precipitated withdrawal was not reported frequently. A range of innovative approaches to transfer from methadone to buprenorphine remains untested.Conclusions:Few studies have used designs that enable comparison of different approaches to transfer patients from methadone to buprenorphine. Most international clinical guidelines provide recommendations consistent with the available evidence. However, clinical guidelines should be perceived as providing “guidance” rather than “protocols,” and clinicians and patients need to exercise judgment when attempting transfers.

Required CEO stock ownership: Consequences for risk-taking and compensation

In response to corporate governance concerns, SEC disclosure rules, and pressure from Institutional Shareholder Services, most large U.S. public firms have adopted executive stock ownership requirements (‘SORs’) in recent years. Compared to CEOs already in compliance, CEOs who have not yet fulfilled the requirement at adoption subsequently increase stockholdings, exposing themselves to more company-specific risk, potentially providing risk-reduction incentives and diminishing their subjective valuation of firm equity. We find that these CEOs on average subsequently reduce firm risk through diversifying M&A, less financial leverage, and smaller R&D investment. They experience a deterioration in firm performance and valuation, each associated with firms that do reduce risk, but receive significantly increased stock grants. Our evidence suggests that boards should exercise judgment when adopting this popular governance initiative.

The role of transcendental reflection in realization of the power of judgment

This article analyzes the peculiarities of functionality of transcendental reflection among judges in the context of realization of the power of judgment. An attempt is made to answer the questions on how the judges exercise their power of judgment in decision-making, problems they are facing and ways for their solution. Attention is focused on the peculiarities of ensuring unity of self-consciousness of the judge in carrying out professional activity, as well as on the flaws of the determining and reflective power of judgment, which serve as the grounds for vacation of decisions of the courts of primary jurisdiction through appellation. The author also reviews the prospects for the implementation of artificial intelligence systems into judicial proceedings in light of the questions raised in the article. This work leans on the results of research conducted in 2019–2020 at the intersection of theoretical philosophy, philosophy and sociology of law, theory of state and law. Within the framework of this study, the question of decision-making by judges is viewed through the prism of philosophical system of I. Kant, namely through his concept of the power of judgment. The research is carried out in three directions: transcendental, formal-legal, and sociological. The results consist in formulation of practical recommendations that would improve the effectiveness of realization of the power of judgment, and thus the overall efficiency of judicial proceedings in Russia.

THE COMPATIBILITY OF AUTONOMOUS WEAPONS WITH THE PRINCIPLE OF DISTINCTION IN THE LAW OF ARMED CONFLICT

AbstractThe law of armed conflict requires ‘distinction’ between civilians and combatants and provides that only the latter may be targeted. However, for proper implementation, distinction requires advanced observation and recognition abilities as well as the capacity to exercise judgement based on situational awareness. While the observation and recognition abilities of machines may now surpass those of humans, the capacity of machines to exercise judgement remains significantly more limited than our own. Consequently, this article contends that the deployment of ‘autonomous weapons’ based on current levels of technological sophistication would be incompatible with distinction and that, as such, their use in conflict would be unlawful.